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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large .srOTriSWDODK, Kmt Hardino Sthmt, FLi!«r SrnEiT, L,C., .1'2, AHINQDON .SrKKKT, WllTMINftTKR, S.W. ; Oft ADAM AMI CIIARI.Ef> lll.ACK, 6 North Dftioti, Edinbiirou; fift HODGES, I'GCIIS, ,V Lu.. 104, O»AiT0» StmiiT, Dolik. TA HLK OF CO NT K NTS. 10 II 12 1.1 M IS 16 17 18 19 ■JO 91 '21 23 24 25 •.'6 ■->7 30 31 33 83 34 No. Name. n.ac. SrBJKCT. l'«Ke 1 Ciilonlal OlUcc .Sepl. 1, IBSIJ Tlirri' liritinh '.'(iliiiiilMan ni'nliTa ipiiril liy IJiiitcil Slatr»' rcn'iiiic-cruiiiT " ("orwin " 1 a T.. .Sir I. Wc^l .. 9, Copy of nhovi'. To .nsk Uniied Ststoi' Governmenl for iiirnrninliim ,. .. .. .. , 3 Colonial Ollic). 23, HcfiT« to No. 1. Dclailn of ci\|)liir»« of " Tliorci- toii," ''()n»;inl,".inil •Taroliim." I'roti'sl "lioiild he iiiailc .'iiiil i'(iiii|ji>n«4itioii di'tiiHiiiIrd . . 2 4 .Sir I,. W. si •-'1, HJHtory of till' origin of the Al.itlia Cominprrial C'oiiipanv . • • • • • • • 9 .5 •1 .♦ • • • ■ 21. Newspapi T c'ltriicli relating to spiziirp" . . II 6 Ailiiiir.'ilty ()'inv*s Ifasp.. 12 7 Culonial ORid' .. IC, i Hefrrs lo No. .'1. S4'nd» fiirtlipr details, with Hcport of Coniniillep of Canadian I'rify Coiiniil. lias an\ artion Ik'i'Ii taken f 15 8 ToSir I.. \V.»t .. '-'0, To iirolcsi .i^ainsi sfiznrea and reterve riiilit" 20 It «• •• •Jl. Has (inv reply lu'en received to No. 21 Or any appeal lodi:ed .-il Adni'r.nllv To Sir I.. VVe«l . . 1". li. ..i 24. .. ! 20, -i "■ ..Sept. .-., JO. Sir II. Ilollnnil to Marquii of I.anstiowne SirL. We-t To Sir 1-. West .. Colonial Olliee To Sir I.. West Meinnrandnni eonimnnieateil liy llarim Plessen Sir L. West Admiralty .. ,. Sir 1,. West M. 6, 15, 15, 24, 27, 27, Oct. 5, Sept. 33, Oct. 4, Sept. 28, Memorandum comniimicuted i l)ct. lU, by M. d'Adell.or^ To M. d'Adelborjr .. 1|, [128] Atleiii|il9 of Alaska Company to obtain furtiier protection . . .. The Captain of tlie " Cirwin " lia. I een cited to defeinl liiniielf for seizures effected on American schooner " Sierra" •• .Mr. Illaine's replies to i|iiestlons founded on No. 34. liidefiiiite. Incloses ' Provisions rel'jtinc; to the rnoritniiiicd Territory of Alaska" Hcfen to No. 3(i, Case pintpotied .. .. Mulract from '* New York T'liin-i," Hlmwinf^ I'nitt d Stales' reply to pretensions of Ituisia previous to resniou of Alartka ., «• Iteport of Canadian I'rivy Council urginv speedy reparation, with a resume of facts by .Minister of Marine and Fisheries ,, .\rknoviledt;es ;ilni\e, Wf sbunlil wait for Report of judicial proi'i-eilinn-. Want copies of jiapers laid before I'linaciiau I'arliami lit Copy of No. 40. To L'et judicial records Forwards co|iies of judicial prorecdtngs in .Alaska District Court in eases of the three vessels seized .AckiioHh.di.'cs abnve. Were tliev conununicatcd uithiiut cnniment ' . . . . , .. Answers above. Yes . . , , News recciviil of further seizures. To remind iMr. Itavarti id' as^iir.inces ^ivm in No. 27, and to cotiiinutticate intui'iiMliiui , ,• Asks tor further iiitorinaliou and details connected with juhcial proceediii<;s s,-ni home in No. 43 Mr. llayanl's rcpiien to No. 4C. Me knows of no assurances, but will ask t:rouiids fur seizures Si'i/ure of '• .\iiua licck " .. I'ci-itKUi of ■ Sayward," ■' Dolphin," aul " (Iraio ' when seircd, with remarks on habits of seals f'opies of Iteporfs by Captain of the '■ lliish, ' who effecicd alii'^e captures, t;ivin^' details . . Ileporls by Uear-.\c|niirnl Sir .M. Ciiluie-Seymonr on seizures of " Anna Heck " and • W. P. Say ward," with co|>ies of statements, declirations, and ludictiiietits General review of the ))osilion. .No doubt United Stall's' (ioM'.'nuieiit will admit their liabilitv, and t»ive coiupensatiou ., Sends copy of No. .'jS. l-',xplains position " New Y'ork Times " on inaritiine jurisdiction in Ili'hrinjr's Sea Have any sieps been taken to appeal in cases of "Onwaid," " I'arolina," and " Ihorutou " ? Copies of two despatches from Canada respecting seiiurc of '(iracc," "Dolphin," and "W. P. Snyward " Telegram from Canaila reportiuji that vessels are still detained, and askiiii; for inquiry .. Copy of above. 'To infjiiire why vessels have nut been released as promised (see No. 27) Copies of inclosiiris in No. 57. 'To make repre- sentations to L'nited States' (iovernment respect- ing' seizure of these three vessels (ierman (iovernment ask views of Her .^^^jestv's Ciuvernmcnt as to proposal of l'nited Stites fur International Convention for prercrvatioii of seals Acknowledges receipt of No. 53. Copy left with Mr. llayard .. ., ,, ., Copy of letter from Comniander-in. chief on Pacific Station, with list of sealin;; schooners .. Answers No. j9. Note to .\!r. llayard respecti'ig non-release of lessels, and extract from " New Y'ork Herald " on the subject Invitation troin United .States to Sweden to join negotiations for preservation ., Answers above. No aiinilar invitation received from United States' (iovernment. Will Sweden accejit ? , . . . 53 54 58 S8 CI i;4 64 64 76 76 76 77 77 79 79 80 82 ^S 10 91 92 92 95 95 96 9G 96 1 96 I 98 ' on I ! 99 T ■><.s^ WiW (I 2 TABLK OF CriNTKNTR. No. 67 69 7(1 71 78 73 74 75 76 77 78 79 80 tt) 89 H3 84 8.1 86 87 88 X9 90 91 93 Name. Datt' To llaruii I'iriicn . Admiraltv , Sir I. \Ve.l CohiitinI UtTirf To Sir I.. W eat . To Cotnniol Oilier Sir I.. Wp.I It t> • Tn Sir L. Wrjt .. .SiriVwVsl" '.'. ». I. . • Colonial Office To I'leiiipnleiitinrir- l*'i«lieries i'mirerfiice To Col.mial Offire. . Mr. .1. CniniiitierliiiM, \l.l', ColoninI OHioe Sir L. W e«l ColoninI Office Oct. II. IK87 I a, 14. 17, If, 2(1, l», 12. !•-'. 14, 14. •>6. 29. 20. 2;i, 19, 2R. 29, 29, 93 I Mr Plielp. 94 95 Sir I-. \Ve»l To Sir L. West . . 2H, U«r. 30, ,lan. ,1, IRSS 14. 2,1, Feb. 3. 13, 17, 10, 22, AiMwcru ^o. fil. Nfi riiiitlrir |>ro|M»inl iiiuile lu Mer Miij*'^tv'i (in\t>riiiiietir. W'lmt will lie (Ir. ri^ioii nl' (ierni.'Ui iioveriimeiit 'f Si'IkIh ropv (if lelirr from Coiiiiiiiiiiiler-in-rliief on I'licifir Statiiin, willi iie»«|in|irr e«lriirl« »* to ileiiiiirrer li:iniieN C(ip\ nf ileiip.it(-li troni (\'iim(l.i retpeclin^ neiiurf of "AKreil Ail»ni»." .*«ii|'((e»l« lli.it prote«l Bir.'iin-t ri);lit of !*eiaiiri- slionid lie made (u Hnilril St.iles' (iiivernnicnt ., .. .. Hel'iTi. lo nliove. To proteat UKainat teiiure of " .Mfred Adam* " iind nimilar prorei'dinffa An«wer» N" <0. Sir I« Weil innirui till lo proteat atiainit leizure ul * .Alfred ,\il;iiiif.'' Priite«l!i inade in |iri'\i(iiia rn^fH ,, .. Referi to .N'nj*. 5'J .iiid 64. Ueplx received from Mr. Itay.'ird ., Annwiri N". 'ili. Notices of appeal Ijinp in Sitk.'i Court. No Inrtlier »lop« taken .. AntwrrH Nm. (jlj. Note to Mr. Ilay.iril 'eipectini; ■eiiure "I " (irare," "Dolphin," and " W. P. Sayward " . . . . ., ,, Refrra to nliove. Keply from .Mr. Ilayard ackiiow- Irdiiini: note reapeptm^ Heiziirea of three venseU . . Itrief ol (nited )Stnlc>° (iovernmcnt tiled in .Sitka Court, and article thereon from " New York Herald' Refera to No 71. I'd K'*'' ^'f' H.ivard copv "f incliisure in .No. 70 Hcfer* til .No. (il*. .Approves action Ans»er> No. 71. Copy of note to Mi. liayard priiti".tiiii: .iLMinsi «eir.iirc' of " .Alfred .Xdnin" " and similar pi(H-redinu''i .. .. .. Refer" to ahove. ( opy of noli' from .Mr. Itayurd ackitoHti'd^inu' " .Alfred Ad.iiiii " protect Deip.-itrii from Cajad.i melu.^in;; .Mitmte of Kxecii- tive Coiiiird of llritisli Cotiiiiil>i;i rcapectinir value of >:enlin^r iiiduslry lo provinre No invitation leceived from United .Slates' Ooverii- iiieiit aa to iie^otiaiions for preservation of seals. Her Majesty's (iovernment f.ivouralily disjio-'ed to neijotiate separately from question of fishery rielita .. .. .. ,, .Sends copies of Nos. Hi ami H.i . , Answers No. S2. (Jnotes instnietions lo Plenipo- tentiaries al Fishery ('onfereiice as to ineliidinj; llehrini! Him question Explains cireiiiiiNlniu>es iiiider which negotiations for presei vatioii of seals Mere nieiitioned. Snlpjeet not lefei red to at Conference Uevisi.)! "Initns of owners of *' 'rtiornton " and " Carolina " llefcrs lo No-. 3(i ana .'18. (.'.ise of " Sierra " will prohalily he dismissed ., .. ., Refers lo No. .S7. Revised claim of owner of '• Onward " Hlatemenls of clainia of owners and agents of ■ Favourite, " " \V. I'. Sayward. " " tiraie," " .Anna Hctk," " Dolphin," ' .Mfred AHains.' and "Ada".. Despatch from Canada s.iyini.' notice has heen (liven of orders for release of 'Onward,' "Thornton." and " Carolina" Revised slateinei t of claims of "Tliornlou." " On- w.iiil,' and "Carolina, niid statement of jiersonal claims of masters and mates of " Dolphin," "W. P Savward," " Anna Berk," "(irace,"anil ^ "Ada" ..' Submits Mr Haynrd's i'.elaih'd proposal for Inter- national l{eu;iilatioi,h " New York Herald ' on the question of the seiliires and closed sens Copy of No. 9.1 . . .', Pan !»l) 10'.' 10.1 110 110 110 III ill 112 113 I'i! 121 121 l'J2 12'.' I'i4 125 12.1 1 '.'.■) 121) ISC l.Ki HI 1C4 I Co 172 ISO 181 TAni.E op COVTKSTS. l'«|ic tiiailt' lu 1 hi- lie- !lll cliit'f nil t<« A^ I'l n-ilrr- ;)ii KIJ ; ictinrf prol*"*t u rnilnl ,, t03 •iiiiri' ot H . • 110 o protcsl Prol.-t. III) vnl from no Itinp iit III i>H))ccliii[; • w. p. .. ill 1 «»l». iisno-'ed to ot lislltTV n I'li'lllpo- I imluclini; liations tor . SulijiH-t itoii " mill errn " will owner of atzclll'^ of I •!•," ■• Anna linn," and ' \'2\ I ■.>'.> 12:. liii pj:. Vil, ISC, i:ii: .. Ill Im'1'11 i;ivi'I| Thornton,' ; on," " On- of |H>r8onnl ' l)ul|>hiii," irarc," ami for InliT- llif (ii'iliiri'K 165 172 ISO IRI !)fi Nanii' To Sir I.. \V..I 07 I To Colonial Offiii' DH To M. ill' SianI ■)'.) M ill' Sinal 1011 Cnlonial Oflin 101 'In Coliinill' OtliiT Date. Si bik I . I'ii»:i' 102 103 To Sir I. W . .1 Colnninl OtHco 104 , To Cnlonial Offici' 105 Colonial Ottici! 106 j Coiinl riper III/ Ciiloniiil Ollire ,, I • ••«> 1 lOH Tn Sir I. UVii ., 109 I fo Colnninl Oflirr.. 110 Sir I.. WeM 111 I To Sir I,. Wfft .. Ki'h. 'J J. IRHN Mar. 3, .•(. 7, Vi. 17, 17, •n, •u, 28, 80, 113 li:l 114 Sir I,. Wr-t (I'll TnCnloni.ll Otiiil. (lolirtiial ( Itticr . . I'/mpllic) ll.i 'I'm Cnlnnial Otiirr • ■ 117 Sir I,. W.si •• 118 iia • , |L>0 ,. „ •• IJI I'll Sir II. Morier ( 1, Went, Un In Sir A|.i 30, 19, 3. 10, 14, Mur. Apr. 1 2'.> ! 'j:! l'.!4 I J-. To Sii \\i-.t I'll C!iilonial Officr, Itoaril of Traill', anil Ailinir-nlly Colonial Olliri' .. .. Sir 1,. \Vi'«l .. ,, IJli Cnlnnial Uflici' l!27 Aili.iirallv V2S Colonial Olliri' 12'.l l;i0 Til Sir I,. Wi-I '.Ml Sir I Wi'.l 13-.> . Ilonnl 111 Traill' 133 I Sir 1,. Wi'.i 134 31, a, (i, i«i 17, 20, 20, 11, 24, 2.'., 2j, 27, 1!). Mnv 4, Apr. •-",(. Mav 1. IntiTnatinnnl Ili'irnliliiMK (hi- Nh 9.'I (. Interni'w with Mr. rii,'lp». UHnilini"-!! In jiiiii I niliil tSiati'N unri MiiN'ia in an Aurii'ini'iii Copii'ii of iiliovi' mill No !I3, for oliMiTvaliiiiiK W'niilil 111' t'lail if 111* Mniilil jiiin 111 ilirinuiioii An-wi'r* aliiivi . Will a^k fur in^titrtloiK Aniwi'T" No !)' Mn. inil lO'J lla\i' rinrrveil all ii|;litH anil claini* .,i Ci>pii'« of Nil.. 9H anil 99. Her .NInp'sl)'.. (iovi'rn- tni'iit no not nilinil riiihti of jiiriHiIiriinn Siiliniiti nntirp of a i|iH"wi «niioni for aiinraiiri'< I 'anatlian vi'ineli Willi not 111* inti'rfi'ml with in roinint' iienion j Swi'ilinii ((ovrrnineiit liopi'^ ihi' ni')fiili:iMnns will III' uncreiiafiil, Inil n not •ntfiiii'iillv inti-rentH to inki' part , . . . , , Hi'liTs to Not. 104 anil 105. Piimiliiliiy of arnieil rp»i»taiirp ity ji'iIit". .\nxinii* fnr aHiiiraiiri'ii of non-intorfprrnce, A» to Ki'iidinft •' raan-of-war to watrli proeecilin^!. Copy of aliove. To ri'pri'iii'iit I'xtri'ini' im, iirlance of lli'r Majrtty'i* (iovrrniiinii liriiii; alilr to cnntrailiit riport nf inlrnileil npitiircn by I'niteit ■Stoii's . , . . . . ' Aii>wrr» No, 107. (iivi'< iiuli»tanci' of iihovi' On rijilil nf icizeil vi'hsi'U tn Imnil pi'iiilin:; appral Intcivipw with .Mr. I'lirlps. Mr. liayanl'' iinnlTirial a»i Colonial Office 10, . I .Sept. 30, Oct. 13, •20, Nov. I , To Coioni.-il Office ,,l 17, Colonial Otlicu . .1 lil, To Mr. Herbert .. .., 12a, (Tcleurapliic) I Coloniil Office . . I 2(i, ., .. ..jUee. 3, To .Mr. Ilerliirt . . ,. j 'i, (Telegraphic) 1 Mr. Herbert .. .. ; 5, (Telegraphic) \ To Colonial Oirice .. 7, Mr. Herbert .. ..| Nov. 30, „ •< .. .. Dec. la, -I- Canadian olijoctiona to cIom' tune Ite^^nlatiuni mum- tamed , , Kefpri to No. 134. .Mr. Ilayard'n vievx ai to etteniion iif time I'nr n|i|ieiil . .. ,. Kxtruci from a UtiKniaii Memorandum re^ardin;; lhehutitinKolie.il> .. ., Circomttanri'i under wliieh " W . V. Saywaril " wat released uiiiler >u>m1 at 8ilka .. Urfce^ immedmle acliiin in re|;anl to International Convention .. .. .. .. Sendi a teteifr.nn re^pectitif, the propoved ^ale by the I'lnled .Stale* of the " .Iniia IJeck," '■ Dol- phin," "(irace,' and "Ada." Urge iti po»l. piMienient .. ,• Siib«tance of .-d>ove, for reiptired action ,. ,• AcknowlediieH No. I;)9 .. ., ,, Copy of No. 13U, for early consideration ,. SiiliNtance of No. 141 Aniwera No 1 13. Canadian Iteport on its way ,, Iti'fers to No. 1-14. Canada informeil .. ., .Minnie of Canadian I'rivy Cunncil, irivinK their views on liie United States' propoaaU for a ''. lime. They protest against United States' du<:> trine Kefcru to No. 146. Minnies by ' , idian Privy Council on proposed sales. What is progress I of " W. I'. Saywanl " case ? . . . . . . I .Answers No. 141. Note to United States' (iovern- I inent ,. .. .. ., ,, I llefers to above. Sale will be postponco ilone with " ..\da " ? " W. P. Saywanl." .See No. 156. Should not action advi«ed by C.inada now be taken ? See No 158. Despatch from Canada on bondinK of " (irace," " Dolphin," and " Auni iJeck " .. IfefiTs to above and No. I6i. As to case of "Ada" Should «ub«ianec of aboTe be cominunicatcil ? Answers above. Yes .See No. 150. Substance of No. 165 " Ada." Correspondence from Cmaila .is to uriffiiiiil appraisement See No. 104. What has been dime about appraise- ment ? . What answe.' to No. 159 ? Answers above. None, lias asked Jon. 8, 1889 jPaiie •J()4 ■;o< 105 •JOS aoD W.I 310 210 I 210 •i\l ail 211 all ai6 219 •.>19 220 8J0 aao 'jai 2J1 ^'j;i '."j.'i •J2.1 224 2ai 22 1 a-Jj 225 226 22 S aj>> 22.S 228 229 229 CW 2.10 Substance of above .. ., .. ,. 230 Hefers to No. 168. Steps taken .. . . | 'J.'IO Refers to No. 171. ilr. Dayard on lite ijuestion of ■ the sale .. .. . . ._ ,. 1 231 .Mr. Iloar's motion in Sen.itu for papers and Ucgu lalionj governing fisheries ., ., ., 233 I m TABLK OP C0NTKNT8. Wl l'«R* — « iitiiin- J()4 ' .li to ,. Wt H^nUn'X M)i tl " WAK •JOS national ,. WJ •Ill)' liy •• "Dol- In |IOIt- 7W , , 210 , , aio , , 210 211 WIIV •• 211 , , 211 itii; tlioir 2ia in Privy progrrfts .. •.'!« (iovi-rn- , , 219 . , ■-'19 , , 220 , , ajo r. \'\\e\\» ; felt by ,, 330 iBlaiice of , , 221 poDiieoce. 2Jl " not yet '•■>;l ■/. 223 • • • 223 , 224 224 ondemiicd . • - 22 » \. What • • 22.> liniild not ? 225 II lioMclln^' i..-k" .. ■JJti u t-ase of • • ■ 228 I'll ? 22S • ■ • 22S . 2';iH ila .14 to ■ • • 220 t appraiue- 2JU < > • 230 question of and Itcgu- 2.10 230 230 331 '233 ■il No. 177 i;n 179 IHU IHI I.S2 I S3 NaniP. Dale To Mr. Kdward)'!.. .Mr. Kdwarilm (ii'luiilal Onici- I'o f'lilonial OAicc .Mr, F.dwirdi't iH4 ' Til Coliini^il OfHrc l«,'i Mr. Kdwardi'K IHC ■ „ 1H7 ' ,, 1 188 Colonlil Oltiro .. IN,'- 1»0 nil i;'2 l»3 194 195 19C lli/ M>M 199 •.(Kl 201 202 20.1 204 iO.5 20G 207 20N 209 210 211 2IJ 2l:) To Colonial Offlre,. To Sir .1. Pauiiri'fotp Mr. I'dwardi'D ,. To Coloiii.il Olliii'. . Colonial Office Sir ,1. I'.innii fiilc ,, I'oliMiinl Ortiii- .. Sir J, I'aiiiu-el'ote . , ('uiistd (irneriil Uonkcr Colonifll Ortice , , To C'oliiiii.il OIBce Colonial Office ToCiiluni.il Ollire. Mr. Kd.iar ie« Cnloni.il oin... It II • I'o Mr. lulwaides . . ] .Mar 23, l«89 23, 93, 26. 30, 18, 18, .A(M 4, .Mar, J.\ 33, 25, I Apr. 10, I". II. 13, •i. 18, It), «0, 99, . ! 28, . .M.iy 14, 1 .; 34, . June 28, , July 27, i . ! Auj!. 3, 5, 8. 9, 3, H, 17, 5. 19, a», 32. •ii. SiH ik:t Prenidi'iit llarri«oii*N IVorlaiuatiuh utraiiial furei^rn Healers entrrin)( lleliriuK Hi-n. To telr(;iNph iPrniK of. . . , . . .. ,, Su')>tani'e lit' I'lorlaniati'in ., .. Text of I'l'iH'lamaliiin .. ,. .. C.ill» altinlion to I'rix'lanial un. To make ri.|ire- •riilalion,, . .. .,j .\n above. Will delay action iifndin); receipt of Act for proteeiiim of lalnion in ,MB*kn I On priipo*. d nail* of iiliip«. Canadi.-in (iovrrnniont I tliiiik .'iny inierferi-nre uitel|.ii4 (tee No. 175) ., Ciipy of Act for protection of the Malmon fitherien ' of Alaika . . ., . . Copy of .No. IH2, for ohnervation* .. 1 See Nil. 17(i. SeiuU extractn from the pnbliahed | ■ orreipoiiileiii'i. dealintf »illi the hintorical quei- ti'in . . . . ., I'reaident's I'roclaniatioii. Ilcmarki on liuring j of . . , . . . . . , , I Sa'inbo Fiiherlt'i Act (lee No. i.S9), Iteport un ' ilN courm- tlirout:Ii the two Houses in ('ongrean ... I'mident'n I'roi'lamalion. Keinarka nn term " dominion of the I'liited Stale., in the water* ; of the Iti'hnnir Se.i ' What AcknoKleil)r(» No. 184 No remark, potition of " W I'. .S,i\»,ird ' ripjieal I Copies of No«. ITJ, IMi, iinil 1H7. Ucmarka on the meaning of the Act and IVorlainatioii .. " W. IV Sayward." What i» position of case? Ilimarki oi. reji'-'ii' Hili of .Mr Dunn for amend- ing secliitn I9(i3 of the Kevised .Statutes Answers N.i. I.'-'H. .Are a»aitini; Keports from Sir .1. l';iuniefoti' How long hefiire habit of «ealini; Answers .N'o. IHO. lf*Bti were t'aiiadian vessels in id BehrinL' Sea ' Would he ulad it our meaning roulil he oftiri.iliy recorded .. .. Answers No. 194 Has ,')>ki'd Canada .. '• W. I'. Sajward. " Answers No. 191 . . ICxlract from .Annnal Itepnrt nf Canadian |)epart- inent of l''isherie^ tor lS^n United Stali'j'revi.niie-rruiiirs ' Hush" and "Bear" ordered to lleiinng Sea .. ., ,. Professor Kavner's h-lter on tin- whole ipiestiou .Minute of CniKvlian Privy Cooncil, with full Ueport by Minister of M iriiie and I'lsheries, in which case is ar>!Ued and chtiuis proenled .•MIeged seirnre ol " Hhuk Di.ininiiii " in llehring Sc'a ,a .• ,, ,, Answers :ibove. Slinuld hive olfiiid details also as to '* Triumph " ., ., ,, ., Telegram from C.in;id:t. Ueporta tippear correct .. Uel'ers to No. 1!I4. I'nll lleporl by .Minister of .Marine and fisheries " llhick Diamond " and " Triumph." rurllier Heporl . . Ca^e of the .American scaler '* San Diego " as bear- iiii; on above c;isi'> ,, Appeals fur ..ei/.iirct in iHHfi should be pushed nn . . Oil eases of " illuck I Maniond " and " 'I'lininph,'* and arguinculs of United Staler in re^'ard to seals ,. .. .. ,, ,, Itet'ers to No. 208. Telegram to Canada " lll.'ick l)iatiiond " and *' Triumpli." lleports from Canadian (iiiiei'iinient .. Ailc^ed sciinres. Wiial truth in reporter lo request issue of instructions to prevent recur- rence ,, .. .. ., ,, Kcters to above. I'o rcmin.l Mr. Itlaine of .Mr. Havaiii's unotlicial asMiiances, SirJ. Faunce- i'ote will discuss whole question, but Mer .^^■ljesty's liovernnicni prole-I against «ei/ures ,. Page 234 244 234 335 330 vsr, 287 338 238 243 243 2Jl 231 251 2.VJ 2;-i2 2« 254 2i4 •J5!> 255 255 257 358 262 273 374 274 275 289 2SU 294 294 295 '2\)h 300 3(11 VIU TABLE OF CONTENTS. No.: Name. I Date. 2M Mr. F.(i*ardrs 215 Co1oni.ll Ollicc 2IC It 1* •i\7 I'd Colonial Oilier 318 219 Colonial Ortiee Admiralty ■>in 231 To Mr. E, Nov. 2, •^1 6. H, Oct. 31, Nov. 1, l:<, U, Siiminarv o!' interview, and copies of correspondence with Mr, Hlaine on aliove instritctioii^ . ■' lllack Diainoud" .mil " Triinnpli." Further from Canada. Wliat answer ' ,, ..{ Cop\ of teiejivarn to Canada ,snniinari/.in^ informa- tion in No. 214 Answers No. 21.5. ,Siy qnestinn is hein^ eon- siilered. We have, so far, no authentic details . . I'cfers to No. 21.'). Fnriiier di'tails from ("aniida . . " iihck Diamond" and "Triumph." Statementt hy owners Ap|irnves No. 214 .. .. .,■ To ask (.'anada to telci;rapli at once any further aloppa^c's . . . . . . . I Affidavits ot masters .if "Black Diamond" and { " Triuni|)h " . . . . , . ., ' lnstrnctioii>^ sent ill sense of No. 221 .. ..; Recent seizures. Telegram from Canada. Affi- davits being forwarded .. .. ,.\ Refers to No. 217. Copy of telegram sent to Canada . . . . . . . . . . i Copy of private letter to Mr. Blaine aiklng for ' answer to request for assurances of non-inter- ) ferenee . . , . . . . . , , j Refers to above, Mr. Rlaiiie's answer . . 1 Copy uranres Refers to " close time " iie);otlations of 1 8NG and 1887. Are ready to ilisenss .an a(.'rnemeiil for the purpose . . . . . . ! Approves No. 22() Iji'tter from .Mr. Clarke iiiclu>iti^ lli-port of a meet- l in;; at Viclori.'i to protest against seizures. Case 1 of *' .Inanila " . . ,' Refers to No. 222. Copies of Nos. 228 ami 299 ., | Interview with Mr. UUiiie on the -iilijert of .Mr. . Ilayard's niiotlieial assurances reij.iriliiiK seizures i .\nswers iilinvi'. Kxplains what assurances were ' referred to in No. 22.S Aekiiowled^ies No. 231, SuKj.'ests replvin^ to ' elTi ct lliat uliole <|Uestinii is under iliscnssion .. i I'orwarils from C.'in.iiliaii (lovernment duplicate of Report in No. 231 .. .. ..| Seizures of ".Minnie," " .luauita," " I'alhtindir," and " l.ily." Reports from Canadian Govern- ment, with copies of affidavits of masters , ! See No. 210. Report hy Canadian Minister ose lo await Sir ,1. Pauncei'ile's Reports . . Approves letter in No. 240 Urges importance of settling the question, in Inte- rests of seal preservation, before it is I m lale The High Commissioner for Canada in London is to discuss queilion with Her Majesty's (iovern- meni, . . . , . . . . . ( Copies of letters in newspapers by .Mr. Felton and Mr. R. Rayiier arguing the qiicsiinn from (liffe- ; rent points . . .J I'riliminary conversation with .Mr. Ulaine. He does[iiot assert Miiirc iftiitMtm doctrine, iind ton- enrs ill ..sliming the tripartite neguliaiinn regard- ing a " close season " .Vcknowledges No. 24;). Will he glad of any statistics and iiiforin.ilioii .\uswers above, Colleitiii^ inlnrmalion. Ilieir letters mav he published ., .. I Page ,!00 303 3(;4 :i05 30.i 3(17 308 309 3U0 312 312 313 313 314 31,i 313 316 ^1 H 363 31(i ^B 26a 322 H 264 322 ■ 26S 322 H 323 H 367 H 366 323 ■ ■ 369 324 1 330 H 371 H 273 ;i.i« H 373 .•i37 B 338 H 374 338 ^H 338 Hj 37,5 339 fl ^" ,^g 27S ■ 340 9 "'*'" ' 9 280 ! .t.'iO ^^B 353 I 383 a.'^a 1 TABLE OP CONTENTS. IX . . 300 iirtlicr 1 ..| :toa forma- . . ay .he liiiiti'il illu«lrati'« halter to I'riirvise )n, in inte- •)ii late Loiiflon 19 's (loverii- Fclton and from dilTi- lainr ll>' Miii con- linn rejiard- lail I'f anv riifir 324 ;!3n \\A6 337 338 338 338 339 341) MO 3.12 1 .l.VJ Ko. LM9 Ciilrmial Office Dale. Nov 30, 1?H9 2.']0 I Inlernalional Arliitration and Per. ! IVare A'sonstion 251 2.52 To Sir J. I'auncefote .Sir J. Pauncofote . . 2j3 ' Colonial Oflice 534 I To International Arbitration ] and I'eacc .Association 265 Colonial OfTjce . . 25G 257 258 253 26U 2G1 2G2 2li3 2G4 2fi5 i 2GG 2G7 2Gb To Colonial Office.. To Sir .1. I'auncofole To Colenial Office,, ,. Sir .). raiinrrlote , , , . ( i'elegraphii ) To Sir .1. I'aiiiirrfoto Sir J. I'auncdotc ., ,. «. 7, 12, 10, II, 12, i.r 14, IG, IG, 17, 1", 17. IH. StB.ircT. (Telegraphic) ' Colonial Oilice ,, n n • • Sir J. Paiincefole , . To Sir J. Pauncefote Sir .T. Pauncefote . . Colonial Oflice .. To Sir J. I'auncefote 277 To Colonial Office,, Colonial Office ,, 2.S0 Sir ,). Punncefotc To Colonial Office. , Jan. Keb. 2G, 2G, iG, 10, i^M 18. 9, 23, '8, .•iO, SI, 1. 6, 6. 8, 10, 1128) Ilffer." to Nil. '.0'-. liepnrl of ComniiHee of i'rivv Coo'.icil of Canada aigiiinp apajnut iiloa I'hut a clo«o veaicon i» of pie^sinp 1 eressiiy, and inciosinfi ytalements of practical haiitor?, wi.h history ot C.nnadian scalini! iiit' rest!* ., Hope a spiedy settlement will be arrived at .. Send' certain proposal? as bases of possible negotia- tion, for opini Ml . . . . ., Mr. lilnine's view« on ahnvi proposals They ilo not I'lirnish a pcssihie tiasls ,, ,, Telegram from Canada giving viiws of Government as to conditions of iiegot .ilii'ii . . , . Acknowledges No. 250. .Mailer receiving eaii.tst consideri'tion Refers to No. 237. Despatches from Canada for- warding c'-iiii 9 of ''.Juanita " and ** I*athfinder v in detail . . . . . . ,. Telegram to Canada recapitiilaliiig points in No. 2,")2 , Canailian reply to above. General concurrence, to avoid detav . . . , , . (Jeiieral remarks on above. The negoiiaiinns might now commence, the wishes of Canada being con- sulted Acknowledges No. 255. The claims therein will be coiisidereil wilb others .Answers No. 2.ji. (iives substance of Canadian reply in No. 257 Siih-lance of No. 258. To make a formal coni- nMihieatinn to rniud .Slates' Ciuvernnient in its sense . . . , , . C'ljiv of .i!:ove Hefeipt (if No. 2cll, Iteasons for wishing to defer cnnminnlralion .. .. Ati^wrrs above. .M.nv defer comTiiiioication I-".xtract ficm Ilepo 1 ot Serrelarv of 'I'reasury for IHi'y on the trial l-lnnils in llehring Sea ' ., Discussion with .Mr. Ilia tie as to compensation for seizures , . , , . . , . ,. .Amplifies ilie above .. ,. Adxerlisenient by tenders for fiii years •■ 'Irmnipb," " I il; chiiii.'. for losses .. ,, ,. ,, "Aiiel." Claim for compensation, with declara- tiiins New fur-seal ennliact (sco No. 2C8). Hcsolution by Senator Pluinh , ,. ,. , An^wir of the I'liited States' (lovernment to pro- test niade on l*,;tli October against the seizuri'S ot Hriiisli xe^sfls. I.)elai!ed ai'.Minii'iils AckiHiwhiiges alio\e. l-ornial repiv will be s,int. Serds irrms for neuotiation, \\()iild Mr. liiaiue be likely to accept tliini as basi.-i ? .Answiis above. Thinks be should have more information about amount of cninpensation clainied before negoiiatuig tor close season ,. " Kale." Studs clainiH lor cou.|.eiisatiou Answers .So. ;t74. Claims amount to about 600,000 dollars, sulijict to revision Clajuis revi.sed at Colonial Oilice, and ahoiilil nut exceed 400,! Oil dollais .Ask tor observations on No. C72 Claims for compensatiou. Tlial of the "Minnie" will have to lie added ,, Discu. sion Willi \Ir. Mlaine oil aiuount of compen- taiioti claims, and ijuestion of arliilraliun. ills proposals May tripartite negotiation for close time begin, leaving claims arliilrauoii in suspouse ? Copy ot No. 2!sO. Propose to answer No. 281 in affirmative ,, ., ,, Secretary of the Treasnrv for - cal contract for twenty. one ," " lilack Diamond." Detailed 3,^2 .TC-t !C5 EGS £C6 3C7 3£8 o77 378 37S 3/U 370 380 3?0 3S1 3^1 381 382 3S2 383 383 392 3?5 :!3G 3!)9 .■!9!) 400 402 102 403 403 403 404 404 TABLE OF CONTENTS, No. Xniiu!. 283 284 286 287 288 289 390 291 i 292 ; 293 294 295 296 297 298 299 300 801 302 303 'I'o Sir J. Pauncefote C'uloninI Ullice , , . . I t Sir J. Paiincpfotp . . . . ' Lord Kntitsford to Lord Stanley ( Iclegriiphic) To Sir J. rauncefol<> ,. Kol,. I Sir .1. Pauiicet'ntv . • jf t< • • To Sir J. I'aunceluli- To Sir B. MotiiT .. Sir It. Moriet Colonial Olfiof Sir J. Fauncefote , , To Colonial Officp.. Colonial Office To Sir J. Pauuct'fote Sir J. Pauncefote . . To Sir J. Pauncef'ole Colonial Office 304 : To Sir J. raiiiioilole 31)5 I Sir J. I'auncefotc .. 306 : 307 308 309 310 311 312 313 314 To Sir J. I'aiincefote Colouial Oince .. To Colonial Office. . Sir J. Fauncefote ., 315 To Sir J. F.iuncefote ..Apr. I (Telegraphic) ! 316 I Colcni.il Office .. ,.; 317 Sir J. Fauncefote .\Ia Date 10, II, II. I'-'. 13, 13, Kit 14, 14. 23, ■-'•-;. 21. 24, 27, '.'8, >1. 20, 14, 1.5, I, 7, 18. 19, 19, 20, 26, 21, 21, 3, 9, 31. SuiuFcr. 318 319 320 321 322 Colonial Office " ,, Sir J. Paunrefote I. ,1 (Telegraphic) .Apr. 14, 19. 11, IS, 28, 1890 call for Answers No. 281 in .'itlirniative Keniark>i by Caiia to Ku«^iaii ]<:irlici)ialiiMi Itcfeiv, 10 No. :!Sy. lias wntleii m C.uiao^i llefeis lo So. 2/1. Copy of No. •>» t .. To invite itunsiun partiiiputiun,. Uussiun .Minister will take part ''Minnir' " — claim for compensation, thus completing the list for 18SU ,. First inl'ornial nieetiiii.''. Submits area propoi^d by .Mr. lilaine and .M. Strove .. Copy of above, for opinion .. Iteinarks on No. 2 ment of (1ani.-if;(>H .. ,, 464 325 To Colonial Odicc. May 5, Copy ol aborr, for remarks .. ,, 4.'>4 3-.>(i Sir J. I'auncelot* ., .. .Apr. 29, iopv tif letier to Mr lil.nne pmidinjj in draft C'on- ventinn as approved by C'anatlian Guvcrnment. ^pnd^ popv nne. Draft sent by post 461 336 To Sir J. Pauncefote ., 22. Answers No. 272. 8tat<» views of Her Majesty's Ginernntent in reply to United States' arguments in !«npport of sriziires ,, 4na 837 Sir J. Pauncefote .. (Telegraphic) 22i Hnlish ccnnier-prt pcisals rejerted. Ordere civen to re\eiine-rnitzt r to dittinantie Itrilish sealers. Interview with Mr. lilame to renion^trale. His reply .. 465 338 Eitrart from " Morning 23, |{enter*s telefiram annonncing orders given to dis- I'ost " mantle sealers 466 339 To Sir J. Paul cefnte (Telegraphic) 23, Answers No. 337. To warn Mr. Blaine that a formal protest h beiiijr prepared ajfainst any ihierterence with I'-riii-sh lesseU 46G 340 Sir J. Pauncefote . . (Telegraphic) 23, Answers above. Has sent in no'e ,. ,, 4C6 34) To Sir J. Pauncefote . . 24, Itefers to No. 33G. ExptaitiH why the answer was delayed. In consfqiienn- ot ne«« in No. 337. it slionid now be pr< -eiited. Hopes United Slates* (iovernnient wid tak*' snth action as may obviate nrce-i-iiy for a formal proii st 466 342 »» »i • » 29, Uetors to Nu. 337. Heyret with whi(h Her Majesty's (lovernment hae learnt news. Sends ■'.ratt of formal protest to be fvwt in if unfortu- nalelv necessary 467 343 Sir J. Pauncefote .. .. (Telegraphic) 30, NeL'ntialions lor close (ipa'-im. [.onp note has come in from United States' (lowinment rrviewinif their history. It eonehu'es with the hope that llntisth \e"MU will he presented b* Her Miijesty*» (iovevnment fiom entering; Mel, -.i; S'a 468 344 To Sir J. Pauneefi.le 31, Answers above. The proposal to prevent British (telegraphic) vessels ennnol be aeeeplett 469 S45 Sir J. Pauncefote , . 23, Refers to No. 3*7. Nf«>paper extracts on lubjecl of instructions 469 34C u »l •• •• 23, Amplities intorinalion piven in No, .'37. and details eotiver>alion with Mr. Itla'ne . ,, 472 317 it II *• 23, Note to Mr. HIaine fonnded on No. 3'Ki . 472 348 To Sir J. Pa;- ?efote June .1, Hriti-h sealers have alre.idy started, t.o cai'.not now 'ielegraphic) be "topiH'd ( sfe No. ;J4^) 473 349 Sir J. Pauncefote (TeUfraphIc) 7, Gi\e» (•nhstance of a loi^c not* el-eited bv statement (see No 344> that ller Maje^t\'h Oovernniprit cannot stop sealers, in whim Presutent s n grel is expr«'ssed at iirlioii of Her Map'SM'> (iovern- metit. Ha-* deelimd to conlmne torte>pondeiice pelldln^ instrneiioiis ,, 473 350 K 11 7, TropoHHl tnUrview with Mr. Ulaine put off 474 (Telegraphic) ri28] xn TABLE OF CONTKNT8. No. 351 35 i 353 334 335 3S6 358 Name. To Sir .1. I'jiiiiii'fotv Sir .! I'nuiu'ilotc . . IVllr 359 360 (Tcl((;ril|j|iic) ( rc-lcjr.i|plii() Ml ,!. 1 ;iiii)ii'l'i)l<' .. ( IVIc'i'i:i|)liic) Sir J. I'.iuiii'cl'ole . ( Ti'lepr.iphii') 1*0 S:r J. raiiiirt'tnti' (IVlr-rapliic) .Inn.' :, ISHO M,iv •->;), .Illlle 1(1, 1", II, (I'l'li'^'rapliii) 36! Sir,!. PamiciCoIr .. 3fi2 364 Col(jiiial Oilice Sir .1. I'aiiiicuf'iitc Colonial OHi(i> 369 I Admiralty i 366 To Sir .1. I'anncol 367 3(18 Sir ,1. Piniu-cfolp . I (Ti'legrapliic) 3Cy ' To Sir . I. I'aiiiici'lotc 370 371 Sir .1. l'aiiii(r(oto ,. (■|Vli')rrupliic) 371! Colonial Ollico .. 373 i'o Sir .1. I'auiiiil'olu (Tcli'giapliic) 374 Sir J. raiiiui'fol'.' .. ,, i-', 3, 6, 17, I'J, 20, 2{), 21. ••il, 10. 1>6, .r»ly 1, Aiiswfrs No. o4'i. I'.xpIaiiiH pii-^ition of Ilrr .Mnjfstv's (lOVi'ronH'iil in r<'(raiii to ^caliTs, ami ri'ailiin''H to lit'Ljotiatf foi' f!o«,' season . I Hi'firs III No. ^^'. Mr. Hl.iini' arl>iio»li'ii^'i'F i noticf <,t' formal pr(,(t"*t , j Hoicrx to So. ."43. .Sends copy of note in which [ dralt (.'oiivi'iition i-* rcjcctfil hy Itn.-sii ami tlio 1 I'nid'd Statrs ,. Inii'nii'w with .Mr. lilaitii'. «lio il. rlim ■* to (.'in' , torin;;l assurance ;> to iMm-i-'te-feri'iiLM'. i'roposes lo S'liil in pi(it"!.t on 14th iiii'taiit . . | .\i pri'vions intcrxiew oaw .Mr. Hlalne expianaliuiis : ruiitaiueii ill No. :'')[ . . , , j ('ornspiiinlence «itli .Mr. HLiine alioiit stoppa'je of sealer* hy Her .Majesty's (iovprnineut. \|r. lilnine sii'jjxe.'Ha I'roelaniaiioil iTqiiesliiii,'ilieiii loahstain for present season . Aii.wiTs \o. 3J4. .May present protest . Hel'ersto \o. 3.'>6. Would Her \|iijestv's doveni- tirent refer to arliilratioii (|neslion of lefal ri;:ht ol United Siatps' (ioveinment to esi linle liritish sealers? If so. would they issue I'roelamation on t-endiiions as to enmpensatioii lor t>ast aini pro- sp'N'tive datnaires ? .\iis\\ers aho\e. Serious difficulties ; hot if I'ri da- Illation were issued, wolliil l.'nited Sntes' (jovt ili- iiient ii'j.-ee !o speeitied eoiiililioiis r (Jives ruiieh form in uliieii rroulaniatioii niiijht run. if issued Tin' United Slates' (JoverMmtiit having' suy^;esteil thai a IVoelaiii.-itioii exelndliiL'' sealers tor this (reason should he iv>ne'i. he lias replied that it is intpossihie. Copies of eorre?poiidenee Claiui fnini owners of " I'alhlinder " for her deten- tion in Nea^'ii liay in .Maridi l.ist (s, e No. 317) llef'ers to Nos. .'14!) .iiiil Mfil. Corresiiomiemre with Mr. HIaiiiP on snhjeet ot proposed exdision of sealers t-^straci from .Annual Keport lor IS.sy of (!an;uiian Miin-ler of Marine iiid h'lsiieries I.i'iiers from Captain Ifiilton, ot Her M.njeHty's ship " .Aniphioii," (liviiip; names cd' liritish sealers, llieir owners, \e., and ther proliahle movements llelers to \'o. 3.-)3. Kxpl.aiiis, hv eopies of iMirre- spondence. i^e., pos tioii o! Mer -Majenlv's (Jovern- nient Ml re^ar,l to the ne'jotiations of tlie spriiic of IH.'sS, and eorreet.* impressions r-'eeived hv Mr. Itlaine as to any formal ene;a);eni, viii;; then luaii liiveii . . , , .\ppro\es note in .N'o. 3()I j'l^re 474 474 475 47.>* 47ii New^ papir tele rranis reportiiii that United St:ites' Itevenue erni;'.ers iu'm* not vet lett for Helini,,' Sea .Apptoves note in Mo. ,'((,3. Itemarks on an ohser vatioii hy .\lr. I'hdiis in |.S8t< as lo elcetioneermjt diHienhies in wav of tht-n eontlnditi(j iiej;otiati't:.s Ilelers to No 3,',.'j. Coji\ of Mrninraiidnm piveii to .^ir. ill.iine expl;iinin'_r m.ihilii v of Mer .Vlajestv's (iov, rnirt-llt lo slop sti'lers . .. Ileler» lo No. 3.);). ,May he send in offiiial note formiilaliii;r eondiliot.s in i'e|t;iiii I I -I?-* 415 ■)7S )7ii 47:1 4 HO Naiiir ;!7.' ;t7i; M7N ^)7;i 3S-J Sir J. I'iiiincit'olr rrt'leRrapliic) { Tili'LTapliic) T(> .Sir J. I'aiiiirefoli' ., 4H() l-ago .\Fr. liliiiiii' will ronlinnr iii'i:ot!;itioiH at H-ir Har- limir Kd'ris In No. 3.'>7. ('ii|>.v nl' |iriili'>l MMit in on 14tli, anil III' iiiilu riivcrinir ii ScniU artirlo from ** N''\v \^^y\i lli-i-ald " purporting to uivi* autlioritatirp vorsion of lliu story of the ni'piittalions . , •, Cupy of noti' to Mr. HIaine foinnlpil on authority );ivin in \o. :i7.3 . . . , . , Iti'soliilion ailoplFil in llou!- of Itrpresontativps for piilili..ltinLr coni-itponiicnri. .. ., .. Approvi - noli' in No. :i7S .. ,. Appriivcs noli, in No. 37(j ,, Arl.i;...\lii|iri.s No. ;i74. llcplii'S at lonjrth to tho arsmnonts ilnlnceil from allc'wl Itn-^ian riL'liM of jnri-ilictioii over lii'liriiit' .Sim. (^iioli.< AniiTi'-an I'onli'olions dating from 1 S'J'J, upinion.< of pulili- ri.'ls :n to limits of niarilinio jiiriMlictinn. and liiplonialic doiMimcnts of 1 HJJ, 1823. and 1^24. Ilir Majesty's (iovernmrnt arc rradv, if npcon- siiry, to rrfiT to arbitration i|i.c'stii)n of legality • if rcri'iit raptnri*, witii tlic 1--111.J iliat depend npoii il .. JOS 506 S08 510 511 511 5)2 512 4, SO 4.S1 481 iS-J ■A': •184 4S6 488 491 193 4^3 493 194 194 411.5 19U 197 C(»rrespoii(lencc rosiuH-liiij,' tlie lielirini,^ Sen Seal I'isli'rios : I No. 1. Colonial Office tu Forcujn Office— {Rccehad September 1.) J,.. Dnirnliif/ Slreel, September 1, 1880. '"' I AM (lirectcdby flic Secrctai'y of SfiAte for the- Colonits to transmit to yon, to be laid before tiie Karl oflddesleigh, a copv of a letter from tiiu Admiralty, with its irulonire, respcctin!; the allcRod seizure of tlirc i?ritish Columbian seal schooners by tiie United States' Revenue cruiznr " Corwin." , . , , in I am to su-"est, for the oonsideralion of L ird Iddeslei;;ii. that the matter should be brou^.dit before the United States' Goveiument, with the view of ohtamini; further information on the subject. I am, etc. (Signed) R. II. MKADE. Inclosure 1 in No. 1. Admiraltij In Colonial Office. Sir, I A.M commanded bv mv T.nrds Commissioners Admiralty, August 20, 18SC. of the -Xdmiraltv to tr.uisniit licrcwitli, for the perusal (if the Secretary of State, u teleu'ram which has been reeeivcd from the Commandei-iii-chicf on the I'lcilic Station, dated at Victoria, 'J4tii instant, respecting the seizure of three British Columbian seul schooii -rs by the United States' Revenue cruizer " Corwin." 1 ain, &c. (Signed) R. D. AW DRY. liii'iusiire 1' in .No. 1, 'Rear-Admii\r ,t miuht he inslnieted to make such protest and demand, if, U|()n inf|Miry, lie ascertidns that the I'nited States' (Jovernnient maintain the [irctinsion raised hy the seizure of these vessels on the high seas, I am, S:e. CSi-ncd) JOHN BRAMSTON. Inclosine 1 in Xo. ;'. Adminialnitor Lnril A. E. Riissrll lo Mr. Slihi/idjir. (Telesm'lhic.) Sr/nmilirr 22. IS>J((. Till'' Canadian schooners " 'J'hornton,'" " Onwaid " and " Caiiilina" weic seizerl on the Ist Auiiust in Behrinjj's Sea hy the Inited States' cutter " Cca'win."' The c.i|ilain and mate of the "Thornton" were tried in the District Court ol' the United States at Sitha on the 30th Ausust. It was attempted to show that the " 'I'liornton " was seized lor killm^^ seal ah(.ut 70 miles .<-()ulh-sonth-cast ef St. George's Island, ivitiiin that portion of nehrin^j's Sea ceded hv Ri to the United States. The dudi^e, in charuini; the ji I8f)7, hetween the United States (luoteil Article f of t!ie Treatv ol' the ."Olh .Mareli d Russia, and alhrined thai waters within the houndary set forth in the Tre.ity to the western end ni' the Aleutian Archipelau'o and Islands were to he deemed .American, and that the penalties of tiie Law airainst the killing; of fur-hearinc; animals were to attach to its violation within the limits in (pie>ti(m. The jury were told, if they hclieved the eyidcut't' ;is to Ihe killing' of any lur-lieaiim; animals hy the accused on tlic .Alaskan co;wf/vi; jn'^ciliriAls;'^ , Sea, east of the lt'-"'.rd decree of west longitude, to hnd them «uilty.''.\ .''• • ". . .••; " ■•'••;. •' The prisoners were found ffu'ilty. 'J'.hr.rii'istcr of tlie " Thornton " was ijiu'd .')()() dollars and sentenced to imprisojiywiit/Joij-^tKilty :tla-y^.' Ifjic: itiojj' was lined .'idd dollars and sentenced to thirty days' ipiiri-iiinViiniii-: 1 lllie-.ttti'icCiViirt'. tht' otliir two vessels were also tried, and similar penalties im|K)-ed upon tin The Government of Canada protests 1st the claim of tl'.e rnilcd Slates to the sole sovereiuntv over Ikhrin Sea, T'lO miles east of the wt'stcrlv houndarv o defired hv the ahove-mentioned .Article I of the 'I'reatv of the liDlh ,Ma 'cn, r Ala contrary to the admitted principles international law, and als ui op|iosition to th United States' contention concerrnni; common waters on the coast of the Atlantic. It iirolests also against the unwarranted and arhitrary interference of the authorities of the United States with the peaceahle and lawful occupation on the hisli seas of Canadian citizens, as well as against the forfeiture of their property and the nidi:,'nity of iinpri.sonment which, have heen imposed upon them. The lore^oing facts have cdso heen communicated to Sir Lionel West. Tl papJ \'ict| Cw. hut hy (.11 for^l I Inclosnrc 2 in No. 3. Ailinirnllji to Colovinl ()/fi<<: .«; ir, Admiraltih Sfptemher 20, l8f»G. I Ai\F coiniiiiindcd liy fnv Lord-* ('ominissioiiPis ol' tlic Adniiialty to Iniiisiuit to you, ill ()riu:iiiiil, tor the |if'iii>-id ol tlic Sicictuiy of Stiit(.' for tlic ( 'oloiiii's, u IuUit Iroiii tiie ('oiiiliiiiiidL'r-iii-cliii t on the I'.icific Sliition, diitcd tlu' 'Jjtii Aiinu>t, icspcctin;,' tin' ^ci/.iirL" of llircc scidinir sciioonfi's liy the L iiitt'ii Stiitos" ilcvcniU' ii'iiiz.-r '• C'oiwm,'" on tlic pica of I hell' iie, owner. "Onward." saiiini;'. •'(.''i tons, \V. Sprint,', owner. All hclonu'inu: to \"ietoiia, liritisli Colinnhia. '{'he schooner wliicli was seized iiearc-t to land was .'iO inili s I'rom St. Georire Island, the other two ratlu'r further oil'. .Ml three were towed hy the "C'orwin'* to Oinialaska, the captain and one man retained on hoard, and the remainder of the f.cw sent to San Kraneiseo hy a steamer ti'iinii there, when they were set free, and sent on here at the expense tf the owner>. arriving' on the ni.;ht of the "JSnd instant. Their inrival at Sun l'"r;ni-isco was the lirst we luanl of tiie .'(diooners hcinu' seized. Noiliini; h; s !)een distnrhed on hoard the schooners, except that the arni.s and .innnimitioii have heen seized, and sullicient provision tor the crew on their passaue to S.in I'laneisco taken. '2. There; arc ten other sealing: schooners from Victoria in the Iklirin'z's Sea. Thes(aMin is from ahont the 1st .Inlv to the end of .Aniiiist. If i:ol seized, they are prohiiiily on their way lieie, and mav he cx|)eeted to arrive the middle of Septend)er. The ipjcstion of whether they should hi' ])rotecte(l or not dof^ not, therefore, at present arise. Last year liiere were two scdiooner,-, Irom here in the IJehriu'i's Sea, and 1 an\ assured the " ( '(.rwin " spoke them four or five' limes without interlerini:. In 1>^-'l only one sclioonei' was there. The success ot these has caused thirteen to he fitted out this se,iso;i. .'i. I inclose copies of the lollow in:; as heariiii; on the suhjeet : - i ( I .) !,etter from captain of '• Thornton " to owner. {'2.) Letter from captain ol " Carolina " to owner. (.'M Letter from Mr. IJontwell. Secretary United States' Treasury. (1.) .\ wariiiiu; pnhlislicd in San Kraneiseo papers and copied into Hi'itish Columhian papers. (:"».) Letter and tek';;ranis let ween .Mr. Luhhe and Mr. C'row-H.dier, .M.P. for \'ictoii,i. (tj.) A letter from the Aincricm newspiiper " ()ret;<)nian."'' I had lio|ied to have inclosed a copy of the lease Irom the Lnited Slates t •■ the Alaska Co.'nincrcial {'ompany, and a copy of tlu; depositions of the crews on arrival at Victoria, hilt the only copy of the lease in Victm-ia. as also the depositions, have hecn taken away hy the ILiiionrahle G. E. Foster, Ciiiadian Mini-ter of .Marine and risheric-'. who was here (;n the •J'.ivi.l, and left yesterday inoniiim. I have telegraphed to him for copies, ;;nd will forwaid them as scon as received. • N'o! priiitnl. 1.1 ^s] B 2 1^- 4. 1 would call ntlciitioii to tlic 'I'lCiity concrriiini; tlic cfRsiori of the Kiissiiin possession-, in North Aincrliii to th<' Ignited Stntis, coiu'ludcd 'Mn\\ Mairh, I8ti7, in also to thc< Coiivt'iitioii lictwci'ii Orciit Mritiiin iiiid Kiissiii, -.iLriicrl Kith CJ'^lh) I'Vlirunry, 1H'2C>, iiiid ht'ij to iiinlvf tlu; I'ollowiiii; ohsiivatioiis : — All Anicricnn Coniiiany. calli'd the " Alaska ('oiiiiiifrcial ('oiiipaiiy,'' ha\c' a Irasc from the United States, dated 1>^70, of the Islands of St I'aul and St. (ieoiL;e for twenty years, with till' ii;;ht to kill lOit.iHKi seals iinmially on tile islands and " wiiteis adjaeent." A United States' ollieer i-. slationcd on these inlands to see the tcriiis o( the lea«e |)rr|ierly carried ont, and the "(.'oiuin" is also tlieri! for this purpose, l?y tlu- feniis of the lease, fire-arms aiu not to he used to kill the seals, nor may teniale sials or seaN under one year old he killed. o. It would appiar liy Inelosuie No. ■)* that, tiie Ignited Stales claim the whole of the nehriiiii's Sea, hounded on the f^imtli hy the Aleutian Ulaiid-;, and. as laid down in the Treaty uf IPliT, as American teriilory. It would seem iiLpo^^sihle to sustain this, for it would ajipear to he the "high sea," and not Kus-iu's to cede, and this line ineiitioned in the Treaty only ii.eant to include the islands within it, anil not the sea. I liej; to draw special attention to the letter I'rom Mr. Moutwell in 1872 (Inelosnrc No. .'j).t Mr. Houtwell was then the Uiiitiil States' Secri'tary to the Tnasury, and he distinctly states his (ioverniiunt could not iiiteil'eic lnyoiid a niaiine lcai;ue I'rom the shore. Mr. lioutwell wa-, I am told, uriatly instiuinental in proeuiini; the lease of St. Paul and St. (leorire for the Alaska ('omiiieieial Company, and was therefore interested in excludiiif^ sealiiii; vessels from the HehriiiLf's Sui. (i. 1 may mention that (emale se;ils cannot he (listini;nished from males when killed asleep on the water at sea; the seals killed hy tin' .Alaska C'oinmercial Companv are all clnhhed on land, when the dillercnce of sc.\ can he easily seep ; hut that does not really affect the (juestioii as 1 view il, which is simply whether the neli!in;;'.s Sea is the "high sea," or not. If, as I take it, liehrin^'s Sea is the " hit;!; sea," I piesumo no vessel tishinij tlier(! e:'.ii he lefjally iiiterlered with. 7. The " San Diei;i) " referred to in Inclosnres 1 and •_'; is an Anuricaii sclio(jncr, and was taken and confiscated, 1 am infoinied, for landiii;.; and killinj; .'jUO seal- on hind, contrary to United Slates' law. 8. liiclosme "),§ from a izenllenian in Victoria interested in sealini;. and the tele:,'ra|diic answers, show that the ouners of the schoomrs sent them nj) with their eyes o|ieii, and were aware they lan a risk of hein^ seized. y. Indosure fi'j is a letter in nn American newspaper, the " Orenoninn," ])uhlishcd nt Portland, Oregon, and sliows the vieu takea hy 'iianv Americans on the suhject, I have, &e. (Signed) M. CULMK-SKYMOUR. P.S. PnrI Monihj. Aiujiist 1:7, 188(). — The de|)ositions alluded to having just arrived, I inclose them. M. C-S. Inclosiire 4 in No. •'}. Vdptiiiii II. Gr.llpriiinnii [.'J In I'tipimn .1. I). Warrfn. Sir, Srlini,iicr " Jliiiiiiloii," iii Port lli'iliik, QunnUisha, AiKjust 7, 1886. AS this is my first opportunity to let you know that on the Isl August at (i P.M. — my position 50° -1.'/ north latitude, HJH' I I' west lomiituile — havini; on hoard -11)3 seal-skins, all well <;n hoard, when United States' Revenue cutter "Corwiu" placed an ofiiccr on hoard, took arms and ammunition, took us in tow. At 8 p.m. sto|)ped and took .schooner "Carolina" in tow. Aui;ust 2 at (i a.m. stopped and took schooner "Onwaril. At noon latitude 54 30', Iont;itudc 107'^ 18'. At 8'4t) I'.M. hi ought lis to anchor in ahove-incntioncd port ; took all the hoats from the schooner; put a watchman t)n hoard from the cutter. August 8. At 9 A.M. an otticer from the cutter came on hoard and took the ship's papers. August 4. An otficer from the cutter returned one hoat, and gave four of the crew liherty to go on shore from 8 a.m. to 8 p.m., at the discretion of me. i I • Si'C luclofure 7 in No. .^. + Spc Indofurc G in No. 3, § See Indosiir- 8 in No. 3. || tire Iiiilnmrc 9 in No. 3. X fee Inclofures 4 and !i in Xo, 3. ^ See Inclosure 9 in No. 3, ■^1! ic Russian , I8tl7, in I'V'liiiiiiry, li a-c from ciitv years, ICCIlt.'" A |piTpcrly il' till' Icasi', ir one year liolo of the iwii ill the tlii'i, lor it iiicatidiicd ( liiclosiirc iiry, and lie I llir >li(HC. H. I'aiil and II ixchidinL; ulu'ii killed jiaiiy ari' all .'s not rciilly s the " lii^'li cs>,ci tithing n ScllOOIILT, on land, e tc'lcarapliic cs ojii'ii, and I)(il)lishcd nt ft. YMOUK. just arrived, M. VS. .7 7, If^SG. i'.M. — luy 3 seal-skins, L'cr oil board, ok seliooner tude 54 30', art ; took ail )k the ship's of the crew I 5 in Xo. 3. No. 3. Air.;ust /». Nolliiir^ done to iviuark. Au;;ust (i. Ditto. .\u;;ust 7. At U .\..m. an ollicer from flic cutter came on hoard ; took soiiin provisions fidiii the schooner. At -1 I'.M. tool; ten men, and are ;;iiin!; to he sent to S.iii l''r.iiieiseo iinniediatelv with steamer "San I'aiile, " as leaves just now. " .'^aii DicL'o " is seized and stripjicil lure. I Ihne put in my |)rofest. Mv late-^t news froui the le.-t o!' \'i(ti)ria selioouers is '• doiiii,' wdl." I know not more iu^t now, and remain, vouis, kc. (Sigrid) II. OrTTriHMAN.V [?]. .My protest is as follows: — "i, II. (Jutlernuiii ['i"], master of nriti>li Rchooiicr '"''jiointon,' do liirehy declare tlia' I do not know wherein I have violated the laws of the I'liited States or oilier naliuns ill takiiiu' seals beyond the usual limit of .'5 leagues [? mjlesj lioiii siiore within liiiirin^'s Si'.i, and I Iheierore inter this my sulemii p'otest im;aiu,-,t the action of the I'liitid States' authorities in seizin;; this the vo^^i I under my eonimaiid, t(i_i;ctlier with the seal-skins comiiosiiii; ear^o." (Kxeii^e haste.) II. (!. Irdosme .0 in .\o. •!. Cnpldin .1. Oijihir to Mr. M'. Miniiir, Dear Sir. Ouniihshi, J»;/».s7 (i, 1"*80. 'I'llK I'liited States' steamer "f'orwin " hoarded and took charge of the schooner in latitude '>•>' ;'(i' iiorlii, lomjitiide KiS ;Vi' west, 'i'hey took all the fire-arms from the .nehooner. I asked why they did so. They >aid for killinu; female seals and carrying; tiic- arins. 'I'liev toived the " 'riioriitou " and *• ( )nward " in at the same time. 1 have ^'ot (js(i seal-skins on hoard, " 'riioriiton ' 101, " ( hiward " TOO. 1 have heard nolliiiiL,' of the " Pathfinder" in the nehrin^'s Sea ; she was .sei'ii off Sitka cuniiiig up. It was on the 1st .\ieiust, at a r.M., they took ('iiar^e of the sciiooiier. 'I'lic Amerieaii schooner " Sail Diei'o" is in heie, they are takiiit; nil her skins and sails on shore; ")(l() skins. Your, &c. (Signed) JAMES OGILVIK. Inelosurc 6 in No. 3. Mr. lioiitnell to Mr. Plirlps. Sir, Trcnsiirij Ueiitutmcitt, IVusliiiu/lnii, April 10, 1872. YOUR letter of '.lie "Jittli ultimo was duly received, ealliui? the attention of the Department to certain rumours ciiciilatini; in San Traneisco 'o the ellect that expeditious are to start from Australia and the Hawaiian Islands to take fur-seals on their annual migration to the Islands of St. I'aul and St. (ieorge, throuiili the narrow i)ass of Unmark. You recommend, to cut otf the responsibility of evil resiiitiiij^ to the interest of the United States from these expeditions, that a Revenue cutter he sent to the region of Uiimark I'ass, by the Kith ..May next. A very full conversation was bad with Captain IJayaiit upon this subject while he was at the Department, and he C(mvineed it to be entirely impracticable to make such an expi'dition a •■ ni'i;; one, inasmuch as the seals go singly or in pairs, and not in droves, and cover a la egiun ol' water in their homeward travel to these islands, and he did not seem to lear thai the seals would be driven from their accustomed resorts, cviu wert; such attempts made. In addition, 1 do not .=ee that the United States would have the jurisdiction or ])()wer to drive off parties goinu; uj) there for that purpose, unless they made such atteiii])t within u maiiiie league of the shore. As at (iresent advised, 1 do not think it ex|)edieiit to carry out your suggestion, hut I will thank you to communicate to the Dei)artment any further facts or informaticn you may be able to gather upon the subject. I am, &c. (Signed) GEO. S. UOUTWELL, Secretary. Inclusuru 7 in No. .'V F.I I met from the " Ihiihi lUilish Ctiloiiint " nj .tinil ti, ISSC. Alaska Skai. ('atiiiini;. — 'I'lii' story j,'i)Cs that seine [joarlicrs wrie (ittini; out in San FriiMi'isco to kill scuU on the I'l'diial |ii'i'scrvu-* in Alaskan watiis. To warn all Midi imrties Sicictary Manning adilrc^-i'il tin' rojh.winj; ir)ti' to ('ollcctor lla:;fr:-- " Sir, " Tioasiiri/ Ih'iiiiilniriil, Mnnli 10, l.SSIi. "1 trnnsiiiit lu'rcwitli, loi' voir infurmation, it (.'opy ol' ii Ictttr iid Irrssod \>y tlic D('|iartnitiit on tlic llitli Miircli, I'^sl, In 1). A. D'Ancona, concirnin:^ flic jiin'^dictioii ot tlif I'liitcd Slates in tlic watiis ot ilic 'IViriloi y of AlasUa, and flic iJii'vciition ol tlic killiiiL: ol Ini-scals and otlicr riir-lii'arlii;; aiiinial-i witliin siicli areas, as prcsciilicd hy ('iiajilci' .'), Titli' 'J.'i of the Ucvi»cd Siatnlcs. 'I'lic atlcntion of yoiir |i|'cdc(( ssor in oOicc V. as called to tliis snlijecl on the -Itli Apiil, IS'^1. 'I'liis coiiinuiiiieiiliiin is a<;dic--cd to you, inasiiiucli as it is understood tiiat eirtaiii parties at your port (.•oiitiinplatc tlic littiiii; out of expeditions to kill fiir-seals in these waters. ^'on are rcipii-li'il to nive due pnhiieity to sucli letters, in order lliat sueli parties may he iiiforined of the construction placed hy this De[iartiiiciit upon the provision of law rcferriMl to. " Itespeetfully yours, (Siu'nc'd) '• U. .Manninc. Sn-n-liiri/. '• C'ollcrtor of Ciistoiiis, San Franci-co.'' Upon rcferi iici' to hack hies we l:iid the full evplanatioii of this iioti in the letter referred to, which is as t'ollows : — "Sir, " Ti'i-ii^iifii Drjiiiiliiiriil, Miinli 1 , hSSl. " Your letter of the 19lh ultimo, reipiestiu,' certaii. information in rc:;ard to the meaning,' placed hy this Department upon llie Law reijulafin.;- ihe killiiii: of fur-heariiiLr animals in the 'rciritory of Alaska, was duly nceivcd. "The l,iiw pndiihils the i^illinL; of any fiir-hcarinir animals, except as olhcr'visc therein provided, within thi' liniit~. ol Alaska Teni'iiry, or in the waters tlnreof, and also prohihils ihe killiiii,' of any ful■-^eals on the 1-lauil,-. ol St. I'anl and St. (Jeoru'C, or in the watcr.s adjacent thereto, except ilminir fcrtain months. " You in(|uire in regard to the iiit.riiretalioii of the terms ' waters there ' and ' waters adjacent thereto,' as used in the Law, and how far the jurisdiction of ih I'liitcd States is to ho understood as ( xtendiiicr. " J'rcsuiiiiii'i voiir impiiry to rclalc more e.-iieeially to the waleis of Western .\la>ka. yon am informed . lat tlie Treaty with Russia of the •''Otli March, |si7(),* hy wiiieli the Tcrritoiv of Alaska was ceded to the I'nited Slates, dcfmes the houii'iary of the tcrrilory so ceded. 'J his Treatv is found on pp. 071 to '17"> of the volume ol 'I'rcaties ol' the Revised Statatcs. It will he seen, therefore, that the limit of the cession extends froin a line startim;- fro'ii the Arctic Ocean, and lunnini; thron'.:li lichring's Siiait to the north ot St. Lawrence Islands. "The line runs thence in a south- westerly dire.'tion.so as to pass midway hitween the Island of Attou and Copper Island of the Kormai.shorski ('on)det or (iroup ottlie .\orth I'ac tic Ocean, to meridian of 17''i°\vcst lon;:itu'le. All thc^ wati is within that hoiindary to the western end of the .'Mentian Areliipelairo and chain of islands arc considered as comprised within the waters ol'.\la»ka Teriilory. " .'\ll the penalties prcscrihed hy l\nv iiLrainst the Uilliii'.; of fur-hcariiii;' animals would therefore attach ag-ainst any violation ot law within the liiuils helorc di's-ribcd. '■ Very ri spertfully. (Sinned)" "ILK. V[{\\SCl\, Aviinij Secrelnn/. "D. A. D'Ancona, 717, 0'l'"ancll Street, Sau Francisco, California." All ]iarties arc warned that the rule laid down hy the Sccrctarv of the Treasury of the United States in ISSl, :ind reallirmcd in the note of Si'cretary .\Iamiimr to the Collector of this port of date of flic KJlh .March, L's^^li, will he ritjidlv eiitorced ajainst all who attempt to poacn u|)c)n the I'Vdcral ]'reservc hy killing seals withiii its limits, there laid down and dcliiied, in the waters ol Alaska. From that preserve the {''cderal (ioverii- liient (iciivcs revenue, and its lessee is ciilillcd to the protection proil'ercd hy the note of the Sccrctarv rcfcrri d to. (T. l'-G7 ^^ Hint,' out 111 Mill ;ill MK.'ll Hi, ]S8(). ssi'il liV tllc iri^iliction (it tiiin ot till' iisciihfd by ■.SOI' ill iitlicc ;i(l(lr('--i'(l to li' lilt' tittin^ 111 uivo (linr coiislnictioi!. !kii. Iiy wiiicli till! :' till' territory ixiitics of till' vli'iids (roiii ii I llin north ot v hi Iwicii till' 'ot till' Xoitii hut hoiiiuhiry cimsidi'ii'd iis iniiiials would I Srcrelan/. Inclosur H in No. ". Mr. F. l.iihUi- lo Mr. E. Croir-Knltrr. M.f. Di'ili' Sir, I'irlfirid, HrilUh Citlninliin, Monk '.'t^. 1^**'). 'I'll I". iiulii-.('(i < lippiii;? <'X|)hiins itsilf. Till' (|ii('stioii i wish to a^U you is, C'iiii the United Stiitcs chiiin the iii^lirly half of l>i'hrin;,''s Sea as Ami'viean "ateisr 'I'lic liiiii-h xhooncrs " .Mary I'lllcii." " Favourili'," • Onward," '■ (iiacp," " l)ol|ilnM. "Anna Heck," ''Win. !'. Sayward," " Mary 'I'aylor,' '• CaroliiM," "Alfieil Adam-," and "Active" intiiiil to folliiw the seiU into I5ehriii^"-i Sia at the end ol the seal-li-hiiiir season oir the l?riti-li Cohiiiihia enast, say the tiOlh .May next. These si hoonei's woull speai' and shoot seals imon the hiuh seas, anil have no oeea .ion to •,'() witiiiii HI) niiii s of any land. \\\\\ arc aware that the Hrilisli selionner ".Mary I'^llen" has already made two siicee-slul voya^ius to tin; l!elirint;'s .Sea ; l!ii' " l'";iviniiite " made also a siiecesslul vo\aL;e (luriiiu; \HHU. Moth these vessels were spoken liy an .Xmericiin Revenue eriiizir in Uchriiin's Sea last suniiner. hut not in iiny »av molested. Would it not he well for you to ohtain from the Minister of .Marine in Ottawa a wrillen o|)iiiii)n, and, further, wouhl you he irood enough to coiiinninieate to mo the suhstance (oleinnly and sincerely declare that I am sole owner of the schooner '• Carolina," and she has a Canadian reu-ister, havirt; liccii registered at the port of Victoria. The vessel and her outfit at the time she Icl't .'"or 8 Behring's Sea was 7,000 dollars, and I make tliis solemn declaration, conscientiously believing the same to be true, by virtue of .ho Act jiassed in the ,T7lli y< ,u' of Her Majesty's reign, intituled " An Act lor the Supijrcssion of Voluntary and I'^xtra-judicial Oaths." (Signed) AVM. MUNSIE. Talicn and declared before nie at Mctoria, this 23rd August, 188G. (Signed) M. W, TviiwniTT Drakk, J. P. I, Thomas Mcl,ac(ly, of Victoria, Uritisli Columbia, cook, do solcnniiy and sincerely declare that I was eniraged as cook on boaid the I'rilish schooner "Carolina," and I was on board when the United States' steamer "C'orwin" seized her. Durin;; the whole time the said schooner was sealing she never sighted land once. Alter she was seized the "Corwin " took her in tow a'nout, 6 oclock in the evening, and about 3 o'clock in the morning the Knglisli schooner "Onward,"' of the tonnage ;3.j'2() tons, was also seized and taken in tow to Ounalaska. Her crew were left on hoard and not removed to .Sail Francisco; she had seal-si-ins on board. And 1 niak(,' this solciin dcclaratioti, conscien- tiously bt^lieving the same to he ti'ue, l)y virtue of the Act passe 1 in the .'57th year of Her Majestv's reign, intituled " An Act lor the Suiipression of Wiluntarv and Mxtra-jiidicial Oaths." (Signed) T. MiLAKDY. Taken and declared before me this S.'ird Augu^t, I^SG, at Victoria, Uritish Columbia. (Signed) -M. W. Tvuwiurr Duaki;, ././'. I, I'klward Shields, of Sooke Histrict, Vancouver Island, a hunter, engaged on board the liritish schooner " Carolina," of .'U'!)0 registered tonnage, do solemnly and sincerely declare that I left \'ietoria on board the aforesaid schooner on the 2()th May, 18^(1, hound on a voyage to Behring's Sea for the purpose of sealing. 'I'lic schooner was fitted out for this purpose. She bad eleven bands on board, including the master, by name .James Onilvie. We sailed to iiehring's Sea and commenced sealing on the loth .lune, and at tint time we were about -lOt) mikslrom land, and we continued cruiziui; about for seals, and up to the time the L'niteil Slatts' vessel " Coiwin " sci/i'd us «(■ had (JSl! seals. During the whole time we were cruizing about wc- were in the open sea, out of sight of anv land. 'J"he seals we ol)tained were chiefly females. At the time the "Corwin" seized us on the 1st August we were out of sight of land and in latitude .'jo* 50' north, longitude 108° o.'l' west, as 1 was informed and verily believe. There wen; other vessels, both AmciMcan and English, eiuiziiig about in the same neighbourhood. U'c never killed a seal in the neighbourhood ol the Aleutian Islands. I was away in the b.)ats when the " Corwin " seized the ves>el, and when I came back I found the "Carolina " in tow of the " Corwin." The captain of the "Corwin," Abbey by name, took away all the fire-arms, consisting of riHes and shot-i:uns, ten in all, and I was taken to Ounalaska, and from there 1 was taken to San I'ranciseo by the steamer " St. Paul," and there turned adiit't. 'i'he " Carolina" was left at Ounalaska with tlii' seals and outlit, and I niak(! this solemi\ declaration, conscientiously believing the; same to be true, by virtue of the Act passely believing the same to be true, by virtue of the Act pas>ed in the 'MiU year ol Her .Majesty's ri'ign, intituled "'An Act for the Suppression of \ ohmtary and ENtra-judicial Oaths." (Signed) .JOHN DALLAS, his x mark. Taken and declared before me at \'ictoria, this ^■'Jrd day uf August, IbSO, the same having been first read over to him. (Signed) M. \V. ■rviiwiiiTr Dhaki:, J. P. No. 4. cd on board nd sincerely 18S(1, bound fitted out fur name .lames ', and at tlrit seals, and up During the y land. The ;l us on the ude iGs° r.:i' Unencan and seal in the le " Corwin " le " Corwin." consisting of lom there I adiitt. The I this solemn \ct passed in of Voluntary SIHHLDS. ], in duo form Sir L. U'rst lo the Earl of [ddcslfiyli. — (liccelrrd Octoher 4.) My Lord, WnsliiiK/lon, Sfpfnilirr 21, ISf^fi. 'I'llL reported seizure of British vessels by American eruizers in watei's over which it appears ibe I'nited States' Ciovernmcnt claim jurisdiction as adiacent to the Territory of Alaska has given lise to much eouMnent in the newsp.ipers touching the interests of a powerful commereial ( (imnaiiy which nuiy i)e ailected by the international (piestions arising therefrom ; and in this eonneetion 1 have the honour to inclose lo your Lordshi]) herewith a jirecis of the history of the origin of this Company, as well as of what has been written on the subject. Chapter 3 of the Revised Statutes of the United States (p. 342, sections IQ-Mto 1!I7<) inclusive) contains the " provisions relating to the unorganized Teriitory of Alaska;" and section l'.)')4 extends " the laws of the United States to and over all the mainland, islands, and waters ot'the territorv " ceded bv Russia to the L'mted States by the 'Jreaty of 18(i7. In adilition the lease of the Ct'au, the united Stales' Commissioner, could not, in his ollicial capacilv, take anv arlive or open pait in ils disposal, l'rin<'e .Matsukotf, llu' Russian Covernor, concluded a bari;ain with Mr. Hutchiiisun, who accompaiiud (Jeneral Rousseau as his Private Secrelarv. This bargain iiivluded all the propeity of the Russian Fur Com|)anv and I'lii". c ■ 10 senl-skins stored. It was made on private terms ;ind to t!ic cxclnsiDti of tlie stockholders of tlie Russian Company and tlie American officers stationed ut Sitka, wiio claimed that they were entitled to a share of the spoils. Rv virtue of this bargain with Prince ^fatsukoff, who was Governor of the Company, Mr. Hutchinson proposed to take possession of the fur trade of Alaska and the Seal I'. lands, and left for Victoiia (i^ritisli Columi)ia) and San Francisco to make the necessary arrantjements. At the former place he met wiih a Mr. Kohl, owner of a British steamer called the " Fidelitor," with whom he entered into partnership, and the firm still exists under the name of Hutchinson, Cole, and Co. The steamer obtained an American register under tiie plea tliat she was a Ilus^ian vessel at the time of the transfer of the territory to the United States, and was thus enabled to carry on the coastini; trade. Preparations were made in lS(iS for workin;; the fur trade of the newly-ac(|uired possession, and especially for the occupation of the Pril)ylov Islands, to which, by virtue of the arrangements with Prince MatsukoH', the new Company considered they had an exclusive right. Upon their arrival there, howevL.', they found them occupied by experi, 000 dollars to the United States' Treasury, which, after ]iaying all the expenses of the Territory, yields more than 4 jitr cent. ])er annum on the purchase-money paid to Russia for Alaska. To preserve this revenue tbrou!:,h future years the prot(ction of the seals from illegal ca])ture or disturbance on their animal visits to the islands has been deemed an absolute necessity, and hence the prohibition against approaching or landing on the islands and the visilance of the United States' cruizers in the Hebring's Sea. h is not, however, generally understood that the .Alaska Com|)any controls the fur trade of all the mainland and islands of Alaska lying west of the 141st meridian of west longitude, and that its o|)erations over this vai t extent of territory and co;ist arc entirely distinct from, and have no conniition with, its exclusive control of the Seal Islands, which it holds i)y virtue of its lease from tiie United States' (jovcrnment. Outside of these islands it holds no exclusive rights or franchise from the Govern- ment, nor does it pay any rent or royalty to the Oovernnu'nt on the territory it occupies or the furs it procures from the natives. It has no rights over any other citizen or company of citizens who nuiy desire to trade in competition with it, and yet it has been aided by the Revenue Maiinc in sujiprt'ssing competition from rival traders, for it appears that, imder instructions from the Treasury Department, the Revenue cruizers hoard and examine every trading-vessel siiilitcd in the Hebring's Sea or on the north-west coaX{h Ani^ust he says: — " (Jn the L'ltli instant the Revenue steamer ' Corwin ' e.ime in, bringing the American vessel ' San Diego,' of San I^'ranciseo, seized for catching se.ils unlawluliy. She alx) reported the seizuie of three l'!ngiish schooners for the same olfenee. The latter wcic Icl'l at Onnahiska in charge of the L'nited States' Deputy .\laisiial, the otlieers, crews, and car;,'oes being brought here. A larije (pianlity of arn;s and ammunition was also seized. 'J'be matter comes up before tiic District Court 'r.ere next week, and it is jirobahle tiia'. interesting international questions will come np, as well also as ihe jurisdiction of tiie Unittd States over the entire seas in the Arctic and Hehring's Seas east of the boundarv- line." In a despatch dated the 2nd S;'ptenibor he says that two of tiic cases have 1 e( n disposed of as follows : — "The captain and mate of the I'lritish schooner 'Tliornton found guiltv, and sentenced each to inipii>nnmeiit lor thirtv liavs 500 dollars and the mate tlOl) dollars. The captain and mate of tlie .\niericau schionir 'San Diigo' waived ii jury, and were tried biloie the Court. Both wire touiKl guilty and sentenced, the captain to two months' icnprisonuicnt, and the male to one month's imprisonment. •' "J he cases of the two other British schooners will come uji in a day or two. 1 he raptain of one ol them l:as disap|ieare(l, and, it is sup|)osed, has eomaiittcd suicide " From an inclosure in one ol these despatihes it is learned that the " Corwin," when conveying her prizes to port, sighted live other vessels, all doubtless cn«a;;c>l in unl.iwlul sealing. They mnde sad with all possible liiiste as soon as the Revenue vessij was siglited, and tlie latter was unalile to lollow them without abandoning her prizes. were tried by jniv, ind lined, the eaptani [12»J C 2 12 Ko. (5. n Admiralty to Fore'ujn Office. — {Received October 11.) Sir, Admiridl\j, October 7, 18SG. WITH reference to my letters of tlie 26th Au^'ust and the L'Oth Sc|)tere-ervation of such seals, with such proportionate reduction of the rents reserved to the Government as shall be right and proper, and if any person shall knowingly violate either ot the provisions ol this section, be shall, upon due conviction thereof, lie punished in the same way as provided herein for a violation of the provisions of the first and second sections of this Act, Sec. 4. And be it further enaeted, that iinmciliately upon the |)assage of thU Aet the Secretary of the Tri'asury shall lease, (or the rental mentioned in section 6 of this Aet, to proper and responsible |)arties, to the best advantage of the United States, having due legard to the interests of the Government, the native inhabitants, the ]tarties heretofore engaged in trade, and the protection of the seal fisheries, for a term of twenty * Sec Inelosure 1 in No, 1, and Inclusurc 2 in Nu. 3, snail bond laid I such Tual for tl proii visioi anv the by tr delivi 1 dol of ' and a C deen piov prov 18 , 18SG. * relative my Lords iii'tiu y of liu AliisU.i EG OH. (1 States of I upon tlic (luriiiir tlic iiilawliil to o (liivc the ucli youn-i lOMtlis, and iiit'.icture of Rt'gulatioi.s any IctihiIc (• |)i ovidi'd ; said islands, n ; and any of this Act t less tiian -ix months, )Mfisdictiiin, d furnitinr, of tills Act, s from and thcii stiins nnun) ; and r St. (iciirue Secretary of leeessiiry for reserved to imily violate he piill'sheil ; and second of tliis Act on 6 of this [atcs, having the parties ni of twentv yewrs from the 1st day of ^fay, 1870, the rifjht to entrage in the hnsiness of takinic fnr- seals on the Islands of St, Paul and St. George, and t(j send a ves.sel or vca.iels to said islands for the skins of such seals, giviny; to the lessee or lessees of said islands a lease, duly executed, in duplicate, iu)t tiansferahle, and takiui; from the lessee or lessees of said islands u hond, with sutlicient sureties, in a sum not less than i">Ol),U()() dollars, eomlitioned ti)r the faithful ohservanee of all the laws and re(|nirements of (Jonnress. and of the lieiiulations of the Seeielary of the 'I'reasury touching the subject-matter of taking tiir- seals ai'd disposing of the same, and foi' the payment of all taxes and dues accruing lo th.e United .'states eomieeted therewith ; and in inakini; said lease the Secretaiy of the Treasury shall have due rtiiard to the juescrvation of the seal-fur trade of .said i.-^ljnds, and the comfort, maihtenanee, and education of the natives thereof. The said les-ees shall furnish to the several masters of vessels employed by them certified copies of the lease held hy them respectively, which shall be presented tu the Government Revenue oflicer for the titne bein:; who may be in charge at the said islands as the authority of the party for landing and takini; skins. Sec. 5. And he it further enacted, that nt the expiration of said term of twenty years, (;r on surrender or forfeiture of any lease, other leases may be made in manner aforesaid for other terms of twenty years; hut no person other tlinn American cili/ens shall be permitted by lease or otherwise to oecujiy said islands or either of then!, for the purpose of taking the skins of fur-seals theretVom, nor shall any foreign vessel be eiiLraged in taking such skins, and the Seeri^ary of the Treasury shall vacate and declare any lea>e forfeited if the same be held or operated for the use, benefit, or advantaije, directly or indirectly, of anv person or persons other than ;\merican citizens. Every lease shall contain a cavenant on the part of the lessee that he will not keep, sell, furnisli, give, or disposi' of any distilled s|)irits or spirituous licpiors on either of the said islands to any of till? natives thereof, such person imt h( ini; a phvsician and furnishing iht sauie for use as medicine: and any person who shall kill any lur-seal on either of the said islands, or in- the waters adjacent thereto, without authority of the le>sces thereof, and any person who shall molest, disturb, or interfere with ciid lessees, or either of them, or their aijents or employes, in the lawful prosecution of tlieii' business, under the provisions of this ,\ct shall be deemed guilty of a misdemeanour, and shall for each offence, on conviction thereof, be |)unislied in the same way and by like penalties as prescribed in the 2nd section of this Act; and all ves.sels, their tackle, »[)parel, appurtenances, and cargo, whose crews shall be found engaged in any violation of either of the |)rovisions of this section, shall be f(U'f(itcd to the United Slates; and if any person or Gonipany, under any lease herein authorized, shall kiiowin;,'lv kill, or permit to be killcil, any number of St'als exceeding the number lor each island in this Act prescribed, such person ov '^'oinpanv shall, in addition to the penalties and forfeitures iiforesaid, aUo forfeit the wholj number of the skins of seaU killed in that year, or, in case the same have been disposed of. then said |)ai'ties or Company shall f'oil'eit the value of the same; and it shall be the duty of any Revenue otiieer, officially acting as such on either of said islands, to seize and destroy any distilk'd spirits or spirituous licpiors found thereon, provided that such ollieer shall make detailed re|)ort of his doing so to the (.'ollector of the port. Sec, {'). And be it further enacted, that the annual rental to be reserved bv said lea-e shall not be less than .'5(l,(»i)() dollars per annum, to hi' secured by deposit of United .'■'tates' bonds to that amount, and in addition thereto a reveniK- tax as duty of 2 dollars is hereby laid upeii each fur-seal skin lakrn and shipped from said islands during the continuance of such lease to be paid into the Treasury of the United States; and the Seeiftary of the Tiicisiiry is hereby empoweied and au(lioii/ed to make all needful Rules and Kegulations lor tlie collection and payment of the same, for the comf'oit, maintenance, education, and proiiction of the natives of said islands, and also for carrying into full efl'ect all the pro- visions of this Act. Provided, further, that the Seerefury of the Treasury may terminate any lease I'.iven to any person, Companv, or Corporation on full and satisfiictorv proof of the violation of any of the provisions of this Act, or the Rules and lieguhitimis e>tablisbi>d l)y liim. Provided, further, that the Secretary of the Treasury is hereby authorized to deliver to the owners the fur-seal skins now stored on the islands, on the payment of 1 dollar for each of said skins taken and shi|iped away by said owners. See. 7. And be it further enacted, that the provisions of the 7tb and Sth sections of ''An Act to extend the Laws of the I'nited States relating to Customs, Commeric, and Navigation over the 'I'erritory ceded to the United States bv Russia, to estahlisli a Collection District tluivon, and for other purposes," approved 27tb July, lf*()8, shall be deemed to apply to this Act, and all prosecuMons for offences committed against the provisions of this .Act, and all other proceedings had because of the violatums of the provisions of this Act, and which arc authorized by said Act above mentioned, shall be in 14 accoidiinco with the provisions tiiercof, niul uli Acts and iiaits of Acts incoiisisfciit with tlii; urovisioiis of tliis Act are herehy lopL-aleil. Sue. 8. And be it further enacted, tlial tiic Couijrcss may at any time herealter alter, amend, or repeal tiiis Act. Ajjproved 1st .July, 1870, Inclosure 2 in No. G. Mr. Boutudl to Mr. Phelps, April 19, 1872, [See Inclosure fi in No, .'?.] .J the ''^ Gove of Si) Inclosure 3 in No. (>, Lpiice of the Uiiileit States to the Alaslca Commercinl Compaiip to take Fur Seali in the ''\'rritori/ of Alunka. THIS indenture, in duplicate, made this .'ird day of Autrust, a.d. 1870, hy and lictwecM William A. Richardson, Actim; Secretary of ihe Treasury, in pursuance of an Act ot C'ont;ress, approved the Ist July, 1^70, entitled "An Act to ])rcvent the Kxtcnniiiation of Kur-hearing Animals in Alaska," and the Alaska Commercial Company, a Corp.orntion didv cstahlished under the laws of the State of California, actini: by .lohn F. Miikr, its President and Au'cnt, in accordance with a llesolution of said Corporation duly adopted at a mcetiiiLC of its lioard of Trustees, held the 31st January, 1870, NVitncsseth :— That the said Secret y hereby leases to the said Alaska Commercial Company, without power ol'transfer, for the term of twenty years from the 1st day of May, 187'>, the riylit to enpiije in the business ol takinj^ tur-seals on the islands of St. Georti;e and .St. I'aul, within the Territory of Alaska, and to send a vessel or vessels to said islands for the sknis ot such seals. Aiul the said Alaska Commercial Company, in consideration of their right under this k'a>e, hereby covenant and agree to pay lor each year during said term, and in (iioporliun duriiia; any part thereof, tlie sum of .'J5,t)UU (hollars into the Treasury of the I'nitfd States, in accordance with the Regulations of the Secretary, to be made for this purpose under said Act, which payment shall be secured by de])osit of United Slates' bonds to that amount, and also covenant and agree to ])ay annually into the 'I'riasury of the United States, under said Rules and Regulations, a revenue tax or duty of 'J dollars upon eacii fur-seal skin taken and shipped by them, in accordance with the provisions of the Act aforesaid, and also the sum ol (>:i^ cents for each fur-seal skin taken and shipped, and .")5 cents per gallon for each gallon of oil obtained irom said seals lor sale on said isiands or elsew here, and sold by said Company ; and also covenant and ayree, in accordance with said Rules and Keuulations, to furnish free of char!;e the inbabilants of the Islands of .St. I'aui and St. (ieoige annually during said term -.").l>UO dried salmon, (JO cords tire-wood, a sutfu lent (piaiitity of salt and a suliicieiit number of barrels for preserving the necessary suppiv ot meat. And the said lessees also bereliy covenant and agree during the term aforesaid to maintain a school on each l^lan(l, in ace rilance with said Rules and Regulations, ami suitable for the education of the natnes ol said islands, for a period ol' nut less than eiyht months in each year. .And the said lessees further covenant and agree not to kill upon said Island of St. Paul more than 7r),(i()0 fui-seals, and upon the Island ot' St. George not more than •_'."!, DOll fur-seals, per annum ; not to kill any fur-seal upon the islands aloresaid in any other moiith except the months of Jiini', July, S(|)teinb(r, and October of each year; not to kill .-ueh seals at any time by the use ot tiic-arnis or other means tending to ilrive the heals Irom said islands ; not to kill any female seal or an) seal less than one year old ; not to kill any seal in the waters adjaci nl to said islaials, or on the beaches, clitl's, or rocks where they haul u|) from the sea to remain. And the said lessees further covenant and agree to abide by any restriction or limitation vipon the rights to kill seals under' this lease that the Act prescribes, or that the Stcrctaiy ol the Treasury shall judge necessary for the preservation of such seals. ■m prote % the / ■ ^ m 3 the I 19 istcMit with :a(ti.|- allcT, ala ill the 70, liy iind •e of all Act tlM'lllilKltioil Cori-.Diiition '. MiiliT, its r adoptt'd at iiny, without 70, till' iii;lit tiid St. i'aul, or tlie siviiis riglit iiiuler erni. ami in iie 'J'ii'a>iurv to 1)1' made it ol" United illy into tlie 3 tax or duty nice wiiii tlie al ftlvin talveu said SL'als foi' Hiveiiant and {' cliar^e tlie tenn i-'.VOUO nt nunil)Li' ot ) i>foresaid to ;ulatioiis, and ;!is tlian uij^lit aid Island of ot iiioii' than resaid in any ich yiar; not ji to drive the one year old ; jlitl's, or vocks rcstrietioii or .'s, or that the seals. And the said lessees hercliy a'j;ree that tlicy will not in any way sell, transfer, or assign this lea«e, and that any transfer, .sale, or assignment of the same shall he void or of no eifeet. And the said lessees further covenant and agree to furnish to flic several masters of the vessels employed hy thern certified eo|)ies of this lease to he presenteliing the same (or use as medicine. .And the said lessees further covenant and as^reo that this lease is accepted suhject to all lu'cdful Rules and Re<;idations which shall at anytime or times hereafter he made hy the Secretary of the Treasury for the collection and payment of the rentals herein aurei cl to he paid hy said lessees, for the comfort, maintenance, education, and protection of the natives of said islands, and for earryini; into effect all the provisions of the Act aforesaid, and will abide hy and conform to said Rules and Rci^ulations. And the said lessees, accepting this lease with a full knowledge of the provisions of the aforesaid Act of Congress, further covenant and agree that they will fulrtl alt the provisions, requirements, and limitations of said Act, whether herein s]iecifitally set out or not. In witness whereof, the parties aforesaid have hereunto set their hands and seals the day and year above written. WIT.UAM A. RICHARDSON, Avtimj Secrctnri/ to the Trenxiiri/. JNO. F. "MILLER, President Alaska Commrrcial Coinpani/. Executed in presence of — (Signed) J. H. Savii.i.e. I certify the foregoing printed copy of the lease of the I'nited States to the Alaska ComnierciBl Company of the rii;ht to take fur-seals in the Territory of Alaska has been com|iared with the original on file in this Dciiartnient, and is a true copy thereof. (Signed) ,1. IL SAVTLLE. Chief Clerk, Treasury Dcpurtiiienl. fVashington, September 3, 1870. Stale of California, City and County of San Francisco. Collector's OJfice, Cuslnm-lioiise, December 23, lS8j. I hereby certify the foregoing to be correct copies of original documents on file at this office. State of Cnlifornin, CiVy and County of San Francisco. John T. Fogarty, being duly sworn, dejioses and says that the toregoing are true and, correct copies of original documents on rile in the oltice of the Collector of Customs of thi' port of San I'riincisco, that he has eom|iared the foregoing with said originals, and krioMS them to be correct copies to his own knowledge. (Signed) JOHN T. FOGAKTY. Subscribed and sworn to before nic this 2^v(\ day of December, 1885. (Signed) John E. H.\.\iill, Notary Pulilic. No. 7. Colonial Office to Foreign Office. — {Received October 16.) Sir, Downing Street, October IC, 1886. VyiTH reference to the letter from this Department of the '25th ultimo, respecting the seizure of certain Canadian sealing schooners in Bchring's Sea, I am directed by I ...» m Mr. Socii'tiirv Stauliopc to transmit to you, to he laid hel'oie the Ear! of I(hicslciuh, oopii's ol' three despatches I'loiii the ( JiHeer adiiiiiiisterini; the (joverjiinent of Caiiaihi on i he suhjeet. Mr. Staiiho|u' woidd lie Lrlad to he iiiloriiicd whether Lord Iddcsleigh has diiicled any action to he taken on the letter ahove lelerred to. I am, &c. (Signed) U. II. MKADK. Iiiclosure I in No. 7. Aflmiii! •' [See Inclosure 10 in So. 3.] Inclosure 6 in No. 7. Administrator Lo'd A. E. Russell to Mr. Stanhope, September 27, 18SC. [Substance of telegram of September 22. See Inclosure 1 in No. 3.] Inclosure 7 in No. 7. Administrator Lord A. E. Russell to Mr. Stanhope. My Lord, Ilalifaj, Nova Srotia, September 27, 18S0. I HAVE the honour to inclose herewith u copy of an approved Minute of my I'rivy Council, to which is appended a lleport by my Minister of Marine and KLslierici, upon which my telegram of the 22nd instant was founded, relative to the seizures of the Canadian schooners "Thornton," "Onward," and "Carolina" while engaged in the peaceable i)ursuit of their lawful occupation on the high seas. 2. It will he seen from this Report that the masters and mates of the above-mentioned vessels have been tried before the United States' District Court at Sitka, in Alaska, and sentences of imprisonment, in addition to heavy tines, imposed upon them, wiiile their property has been subjecied to forfeiture. 3. My Ministers are of o|)inion that the action of the United States' authorities with respect to these vessels is indelensible, and that immediate reparation should be demanded from the Government of that country therelbr. I have, &e. Inclosure 8 in No. 7. Report of a Committee of the Honourable the Privi/ Counell, approird btj his E.irellenry the Administrator of the Government in Council, on the 'IMh September, lh80. THE Committee of the Privy Council have had before them the annexed Re|)ort from the Minister of Marine and Fisheries with reference to the ease of tlie Canadian schooners "Thornton," "Onward," and "Carolina," seized on the 1 si August last by the United States' authorities in Behring's Sea. The Committee concur in the said Report, and they advise that the same be carried out. All which is respectfullv submitted for your Excellency's approval. (Signed) JOHN .1. McGEE, ] " Clerk, Privy Council. •^'i Inclosure 9 in No. 7. •■ ■ ' ■ . . ' • • • • Report. • - < ' IN reference to a Report of Council, under date tiie 23rd Se|)teml)er, referring to the case of the Canadian schooners "Thornton," "Onward," and " Carolina," seized on the 1st August by the United Slates' authorities in Ueluing's Sea, the Undersigned has the honour to lay before Council the following additional information. ; ■ i Btter than s'ROE. 'A It is stated in ofTect in " Tlic Alaskan," a newspaper published at Sitka, in the Territory of Alaska, and beurin!; date the "Itli Septeinhor, 1886 — 1. That tiie master and mate of the schooner "Thornton" were brought for trial before Jud^e Dawson in the United States' District Court at Sitka on the ,')Oth August lust, 2. That tiic evidence given by the otiiecrs of the United States' Revenue cutter "Corwin" attempts to shov,- that the "Thornton" was seized while in Behring's .Sea, about tiO or 70 miles south-south-cast of St. (Jeor^je's Island, for the offence of hunting and killing se;ds within that part of Belniuij's Sea which was ceded to the United States by Russia in \i*>>7. 3. Tliut the .huho, in his rhari;e to the jury, after (luoting the 1st Article of the Treaty of the .'Kjlh March, 1^(17, between Russia and the United Slates, in which the western boundary of Alaska is dcHiied, ^oes on to say: "All the waters within the boundary set forth in this Treaty to the western end of the Aleutian Arclii|)elago and chain of islands arc to be considered as comprised within the waters of Alaska, and all the penalties prcscril)ed by law against tlie killing of fur-bearing animals must, therefore, attach against any violation of jaw witiiin tlie limits heretofore described. " If, therefore, the jury believe from tlie evidence that the deteiidants by themselves, or in conjunction with others, did, on or about the time charged in the information, kill any olter, mink, marten, sable, or fin-.seal, or other fur-bearing animal or animals, on the shores of Alaska, or in the Hebring's Sea east of the l!)3rd degree of west longitude, the jury siiould find the defendants guilty, and assess their ])unishment separately at a fine of not less than 200 dollars nor more than 1,000 dollars, or imprisonment not more than six months, or by both such fine, within the limits herein set forth, and imprisonment." 4. That the jury brought in a verdict of guilty against the prisoners, in accordance with which the master of the "Thornton," Hans (iuttounsen, was sentenced to imprison- ment for thirty days and to pay a fine of 500 dollars, and the mate of the "Thornton," Norman, was sentenced to imprisonment for thirty days and to pay a tine of 300 dollars, which terms of im|)risomnent are presumably now being carried into effect. It also appears, by telegraphic despatch from Nanaimo, British Columbia, dated the 1 8th September, that the masters and mates of the "Onward" and " Carolina " have since been tried and sentenced to undergo similar penalties to those being inHicted on the master and mate of the '■ Thornton." It will appear frosn the above information, conjoined with the Report of Council under date the 23rd September, that the United States have determined to lay claim to the sole sovereignty of that part of Behring's Sea lying east of the westerly boundary of Alaska, as defined in the 1st Article of the Treaty made between the United States and Russia in 18(57, by which Alaska was ceded to the United States, and which includes a stretch of sea extending in its widest part some (iOO or 700 miles easterly from the main- land of Alaska. In pursuance of this claim, they have interfered with the peaceable and lawful occupatiiin of Canadian citizens on the high seas, have taken possession of their ships, have subjected their property to forfeiture, and visited upon their persons the indignity of imprisomnent. They ap|)ear to have done this in spite of the admitted principles of international law, and in direct op|)osition to their own contention of what constitutes common water. i)earsthal tlie tliree sciiooners, named .-espcctively the "Carohno," the "Onward," and the "Thornton," were fitted out in Victoria, Mritish Columbia, for the capture of seals in the waters of the Northern PaeiHc Ocean, anjacenl to Vancouver's Ulund, Queen Charlotte Islands, und Alaska. AccorU" .')2' north, longitude l(iS° 53' west, the " Onward " in latitude ."JO" r>'2.' north, longitude 107" .15' west, and the "Thornton " in about th.e same latitude and longitude. They were all at a distance ot more than fio miles from the nearest land at the time of their seizure, and on hciii)^ captured were towed bv the " Corwin " to Ounalaska, where they are still detained. The crews of the '• Carolina " and " Thornton," with the exception of the captain and one nu»n on each vessel detained at that port, were, it appears, sent by the steamer " St. Paul" to San Francisco. California, and then turned adrift, while the crew of the " Onward " were kept at Ounalaska. At the time of their seizure the "Carolina" had GSG seal-skins on board, the " Thornton " 404, and the "Onward " 900, and these were detained, and woidd appear to be still kept at Ounalaska aloni: with the schooners by the United States' autliorities. According to information j;iven in the "Alaskan," a newspaper published at Sitka, in the Territory of Alaska, and dated the 4ch September, |s'i ,/Oiicy to be continued .' It surely was not (or this jiurpcse that the territory vvas bought, but that its resources might be developed, and such parts of it as are suitable for settlement opened to industrious workers. But for nineteen years Alaska has been nothing but the reserve of a great Corporation, which is even now scheming to obtain a renewal of its franeliiscs there. The matter is one of the greatest interest and importance to the American ])e()|de, who are not desirous of estal)lisliing monu|)olies in Alaska or elsewhere, but wish to see all their territory opened up and mude available lor the use of all our citizens. No. 14. Mensrs. Lampson aw' ".>. to the Karl, of Idtlenleiyh.— (Received November 13.) My Lord, ()4, Qitrm Slifd, I.oi'dnn, Norembrr 12, 1880. W'K understand a ()i'estion of i!it ;i-i loriaj law has arisen between the Government of the United States on ili ■ oi.e hauu and the (iovernments of (Iri'at Britain and of the Dominion of Canada on the other lianu, res])ecting the .seizure by the United States' Revenue cutter " Corwiii " of certain Dominion fisiiing-vcssels engaged in capturing fur- seals in tlic waters of Alaska. As the future existence of the fur-seal skin trade, in which we have for years past been engaged, largely depends upon the settlement of this question, we beg to submit, for your consideration, the following facts : — Sir. \l Stiinlif has b(| and if 1.^11 sdl 25 )V quare miles be ref^rded lermcn had nd that her d, and were tion in New ly wiiat the :cs of tliesc part of her t of Alaska. iid exercised ne set forth the other ■aty of the d'that the l)cd in the lavigate the 1 tlie end of ire copies of n which the lave chan^ed lot. And we im if made by to jircvent an t tiuit arm of are the same )tes(jue m the st just beyond lu mouth and nainiand, and I be a closed of the vessels jrican vessels, ; these waters, ■ this ill the lation to give ft* lcr;ient and ,iiriiiir the last few seasons, however, fishing-vessels have been fittiil out from ports :.. in Uritish Colund)ia and the United States, and have been engaged in the wholesale '; slaughter of female seals, wliieh, diiiinfr the brcediiij^ season, swarm in the waters round tbe ishmds for a eoiisideralile distance out to sea. Last summer several of the Dominion vessels were seized by the L'liitcd States' cutter, and it is stated that a case is beinu' piepared b\- the Doirinion (iovernniciit, for presentation to the Ignited States' (Jovemment. (lisputim: tlie lesrality of tbe said captures. Should (ireat Hritaiii deny the rii;lit ot the I'liitrd Slates' (loveriiment to i)rotcct tile ti-herv in an ( tfectual miiiiiur, there can be no doulU that the .\laska fur-seals, which tuinisb by far the most important j ut of the world's supply of seal-skins, will be exterminated in a very fev years, just as in tlie South Atlantic the Shetland and fJrorjiia fur-seals, which used to furnish even tiiier pelts than the Alaskas, have aheadv been. It is evident, therefore, that the beiitrit derived liy the Doiuiiiion fishing-vessels from the siauuhter oi tliesc female seals will he short-lived. W" wiuld next poi::! out that tbe 100, OCO skins, the anmiiil produce of the islands (wnrth .'i.'d.HOO/ ;it present piiccs). have been siiipiied to us for sale aud niamilact'.ire in Lrjiidon tor sixteen )i iirs past, thus affording in this city eiiijiloyment tor a large amount of capital and means ol subsisrence to some 1((,(I(M) people, ii.aiiv of wliorii are skilkd woiknii II eariiiiiL; waives up to 3/. per week. I \\'e reed, iberelore, bardlv sm;nest that it would be a shortsiubted and disastrous ; policy to allow such an industry to be destroyed, esjiecially at a time wiien so iiiuch distress is already prevale;it among the working clas-es. We therefore earnestly trust the British Government will, after verifying t!ie above liicts, see its way to give its friendly support to the United States in the exercise of their right to protect and preserve an article of commerce cipialK atleclin','- the intcr(st> ol both countries. We bave telei:ra])lie(l to .New York lor the " .Monouriiph of the Seal Islands,'' bv i'lolc-sor I'.lliott. which fully describes tbe seal life iiiioii the islands. W'lien we bave receivetl the book we shall iiave the pleasuie ot banding it to your Lordship. We arc, &c. ' ' (Signed) C. M. LA.MFSON .and Co. No. 15. (.'iildiiliil Ofliii- lo I'hrrii/ii Oftiti\~ (^lirrfirfd Xnrnidier ](].) Sir. iJdirinni/ iHretl, Sonnilnr 10, ISSI.I. Willi relereiiei' to pievlous eiiriLspondeiiee, I am directed by Mr. Secretary Stanhope to transmit to you, to be liiiil before the ICarl of Iddesleigh, a telegram which has been received t'roin the Governor-(ieneral of (.'anada respeetiug the Ala.ska sei/.urcs; and I am to reqiust to be infornied ol the answer which should be returned to Loril I.ansdowne's iiKpiiry. I am, &c. (Signed) .JOHN URAMSTON. tor years past to submit, fur [1281 I •)•« ,7>.^ Inclosurc in No. 16. The Miirqui" of Loiisdowiip to Mr. Stanhnpe. (Telegraphic.) Ollaua, Nnicmhcr 14, ]f>8f5. AL.\.SK.\ SL'i/iin>. Iliis any iiii^-wcr tu'cii received to lopirscntations ? Papcis will be sent you pioving that the ease is one of gifat liardsliip, and that a total disie^aid ol' international ritjhts has hecii shown hy the action of the United States. We l)elieve the masters of the vessels are still in prison. No. I(i. Till- Junl of Iddcsloiijh to .Sir L. iVexl. Sir, Forf'ujn O/fice, Xnccriilicr 18. 188'i. I ilAVI'! to int'onn ymi tliat in(|uiry lias iicen made hy the Uoverntnent of Canada as to what reply has h.en received Ironi tiie (joverninent of tlie United States to the representitions uhieli, as ie|)i)rted in your tek'^rram of tiie 'J 1st Oetoher, you iiad ma le to them in regard to the >t'izure of three scdiooners from Urilish Colund)ia by the United States' Hevenue erui/.er "(^urwiu" in iiehriu'^'s Sea. Lord Lansdowiie re(iorts that it is heheved tiiat the eaptains of these vessels are still ir. prison, and that docunients will he sent to this comitry proving that tlio ease is one of great hardsiiij). and tluit a total disrej^ard of international rights has been shown in the action of the authorities of the United States. I have, in conse(juence, sent you a telescram this day reipiestiug you to report how this case now stands. I am, Hic. (Signed) IDDESLRIGll. I Sir, -i. No. IT. Sir L. H'csi In llu' Eurl nf Iddesleiijit, — [Recei-ind hi/ tcl'-grapli. S'ovcudier lU.) My Lord, H'anliiixjlon, November 10, 1880. Ul'ON the receipt of your Lordship's telegram of yesterday's date I sought an intei view with the Secretary of State, and asked Itini whether he had received the ofliicial Report olthe proceedings of the Court at Sitka (.Alaska) against the Mritish vessels seized in ik'hriiv^'s Sea. Mr. Ha\ard ie[)lied in the iie-alive, and said that he had hcen urging the Attoruey-Ueiuial in thi' matter since he last saw me. It would i)e, he continued, a complicated (|iie--tion of jurisdiction, h)r he had beer, told that many of the seal-skins i'ound on board the Hritish vessels were skins of seals wliieli had not been shot, hut clubbed, which proved that a landing luid been ettected. lie said that he would r..'ply to jour Lordship's desiiatcii which 1 had eonnnunieatcd to him as soon as possible. I have, &c. (Signed) L. S. SA( KVII.LK WEST. No. 18. h'oriiijn Ofjice In Mi'surs. I,niiii)snii mid Co, Gentlemen. Fnreii/ii Offire, Noremlier III, I88(i. I A.M directed by the l^arl of Iddesleigh to acknowledge the receipt of your letter of the \'2\h instanl. lelative to the seizure ot' certain Hriti>ii-owned setd-tishing vessels by the United Stiites' Revenue cutter "Corwiu," in the waters of Alaska; and 1 am to inform you, in reply, that tluMpieslion i^ now under the consideration of Her .Majesty's Government. 1 am, S;c. (Signed) .lULlAN PAUNCKfO Ti;. watcr- (Extr I ■f of tl: aildiv 27 No. IP. Sir L. HV.«< lo the Earl of fride.ilcir/h. — [Received November 20.) My Lord, WnshimjUm, November 14, 1886. 14 ]S8(). Wl'l'il rolci'enr(.' to my dwpiitcli ol' (lie 21st ultimo, 1 li;ivi' the honour to inclose i^aiH-rs will to your l.i)nlshi|) licrcwith copy ol a note wiiich I have received fioin the Becretary (li>ie"!ird ol' ol State, expl.iiinii;^ and apoloiji/.in;; ibr the deliiy \vl-.icii has oe( nrrcd in replyini: to niy believe the note ol tl.i: 2\A ScpteMiber last, askiiiy; for inl'ornialion respecting ilio seizure by the United Slates' Kevcnue cutter " Corwiti,'' in tlie ]iihring's Sea, of I'ritish vessels, and notiii^r llie protest en the part of Her Majesty's Government iia;uinst such seizures "~^"~~"~" rontained in my note of the L'lst ultimo, copy of which was inelosed in my above- mentioned des|iiil(;h. .4 I have, &c. I (Signed) L. S. SACKVILLE WEST. IS, 188ti. t of Canada tates to the jr, you bad Lirnbia by the ssels are still L'aso is one of ihown in the :> report how ESiJilGH. ber lit.) pr 19, IBPfi. late I sought 1 received the Urilish vc'isels it be had been I bud been told ot' seals wliieb •ted. He said to him as soon LK WHS'!'. Inclosure in No. 111. Mr. Bayard to Sir L. West. her lit, IHrtfi. of your letter ibing vessels by ; and 1 am to ' Her .MajestvV jNCEfori;. Sir, Department of State, November 12, 1886. TIIIC delay in mv re|)ly to your letters of the \i7t\\ Sej)tember and 21st October, askini; for the information in my possession concernin,^' the seizure by the United States* Rcveime cutter " Corwin," in the Bebrinii's Sea, of Biiti>li vessels for an alleged violation of the laws of the United States in relation to the Alaska seal fisheries, has been caused by my wailini,' to receive from the Treasury Department llio information you desired. I tcitder this fact in apolotty for llie delay and us the nason for my silence; and, repeating what 1 said verbally lo you in our conversation this morning, I am still awaiting; full and imlheniic Reports ol the jndieiid trial mid .ludiinient in the cases of the seizures referred to. .My a|)plication to my eolleii^uc the Attorney-General to procure an autbentie Report of these pioecedinus was |)roni|)tly made, and the delay in lurnishing the Report doubtless has arisen from the remoteness of the place of trial. As soon as I am enabled, I will convey to you the facts as ascertained in the trial, and the rulings of law as applied by the Court. I take leave also to aeknowlednc your communication of the 21st October, informing me that you bad been instructed by the I'.arl of Iddesleigh, Her .Majesty's Principal Secretary ol Stale lor Kor<'i;:n Affairs, to protest nyainst the seizure of the vessels above refernil to, and to icseiAe all liuhts ol compensation. All of ttbicb shall receive respectful consideration. I have, &c. (Sianecl) T. F. BAYARD. No. 20. ;; The Enrl of IddesUiqh to Sir L. West. ;'; (Teleuraphic.) Foreign Office, December «, 1886. i ( '.\N.\DI.\N Government iiii|uire wbether vessels e,■ heicwilh ('^i(i7 is inconsistent \villi llie riuhls secured lo (Ircat Britain under ihc Convention of 1825, and is in sulistanci' the same as that which, when ;idvaneed In the Ifussian (iov<'rn- mcnt on diiicrent occasions jirior to the cesvidn _\ Bussia to the United States, was citliei' strenuously resisted or treated with ridicule and contempt hy the Governmeni of the latter I'owcr. It is inipossil)l(' to hidii'M' thai, when 1)\ the ('^(i. of my I'rivy " t'ii roll lie,"' irwiii " wiiili' lal I he ehiiiii r iJikiiii; I'lir- ity of 1>^(>7 is linn ot' 1825, ;siaii (lovcrn- ) tiic United cnipl hy the it was ai^rccd houhl not he acilii' Oeeaii, iitciided with lolc coiil'se 1)1 1 the I'liiled 1 out in the the eonlrarv nsions nl' the 4 United Stati's'antiioi'ities in Janjjuane more coiivinein<; or cinphatie than tiiat w'-ich, Avhile those iieu'otiations were in i)roii;ress, was used liy Mr. .Middleton, then lliissian .Minister at Hi. I'ctershurnii, in ids Meiiioiaiiduni (hiled th(! l-'Mli Deeernher, 1823. (Vidi- American Stat(! {'ajiers, i"oreii,'n Kclalions, vol. v, No. .'{Sk) Jt is hiid down in that .MenKiiandiim tliat '■ the existence of territorial rii^lits te the distaiu'e oi' 100 miles Trfjin llie coasts upon two o])[)osite continents, and the prohihitioii ol' approaehiny; lo the same dista.ice iVom theM' coasts or Ironi those ol' all the intervening; islands, are innovations in the la wot' nationsand measures unexampled, [t must (hiis he ima!.'ined that this ])roliil)ition, heai'in;^ the [lains of eonliseation, applies to Ji lon^ line id' (Miasts with the intermediate islands, situate in vast seas where the naviu-ation is siihjeet to iunuinerahlc and unknown didleidlies, and where the chief employment, which is the whale llshery. cannot he compatihle with a rci^ulated and well-deleniiined cour.se." Jlr. Middleton added that: " rniveisal usa^e, which has ohtained the force of law, has estahlished for all the coasts an accessory limit (d' a moderate distance, which is sufTicient for the security of tlu; country and lor the coinnu'ree of its inhahitants, hut which la>s no restraint upon the universal rii,'hts of nations, nor upon the fre.'dohi of eoiiinierce and navigation." liider lie- Treaty of 1S()7 l!nssi;i ceded to the United States "all the riijhts, franchises, and jirivilcLijes " then helon^ini; to her in the territory or dominion included within the limits descrih(!d (riilc .Vrticde \'I), hut could not cede a vii^ht which, in the exj)ress (I'rnis of the Treaty of ls2."3, v.as recouiiizi.'d as lieloniiiiii^ to the subjects f)f the J?ritisli C'roun as well as to those of Itiis^ia. This is, as far as I have heen ahle (o ascertain, tlir lirsi occasion uj)on which claims of the kind now advanced have heen enforced. ^ ( alinn-vessels from British Columhia have for some years jiast fre(piented the wati-rs (d' J?ehiini;"s Sea •,vitlir)Ut mcdeslalioii, and a letter, of which I inclose a copy, addressed hy .Mr. William Mni.'sie, of Victoria, British (.'olumhia, to my Minisler uf .Marine and I'isheries. shows how .serious w ill he th ■ <'ri'<'ef ol'this interferene,' ujioii a \V(dl-eslahlislu.'sairt? in Mr. Miinsie's letter, that .Mr. ()i;i'ivie, lli • c;iptain of the " I'aroliiie," while wailiin;- at Omialaska for the tvial of his vesiiid. wandered (dV into the woods, in which it aj)))ears, fiMiii .Mr. Munsie's slalemeiit, tliul he miisi h;i\e peiished. I have, &c. (Sii!;ued) LAXSDOWNE. Inclosure 2 in No. 22. Report (it II Cuiriiiiittc( fij llif IJotKinnilih' liio frivij (^ovnrll for Ciniiidd, iipiironil In/ liin lixcrllriirji the (Idn-riirir-Cienrr'il in Cominil on Xiiveiiilicr 27. 18S(!. Till; Committi.'e of the l'ri\ \ Coiini'il li;i\e had under consideration a commuui- eation from Mr. !■:. (.'. Maker. M.l'.. \' ice- President of the British Colninhia Hoard of Trade, traiisniiltini,' a letter from Mr. Theodore Luhlie, the manatcinu; owner of the 30 IJritisIi Columbia scaling' fleet, MsKini!- iiiff)imation as to tlio United States' claim to tli(> eastcvlv liall Ji elwiiin's Anievieiiii waters, and also a (les]iateli, dated he 'Jtilli Anuiisl last, Iroiii tiie Lieiiteiiaiit-(l()\ei'ii(ii- oi' Hriiisli Ci)liimliia, ad\ isiiiu; ol' tlie sei/iire oi llie Canadiau seliooiiers ' Carol me and 'I'l I'irn loll," hy tin' United States' Keveuue steamer " Corwiii,'" wliili; ciiLfa^'ed in sealiiii^ in jieliiinu;'s Sea. Also eopy ol' a lottor Iroin Daniel .Miiiiroe, master of the Canadian sealini; sehoniuc •' (Jauard," which has heen ah'cady forwarded 1)V his Uxcelleiiey the tiovcrnor-CciKjral to the Coionial Oflice, and to iler .Majesty's .Alinister at W'.'ishiiiijton. 'I'lii; Siih-Conunittee 111' (,'oiiucil, to whom ihe papers were referred, oliserve that it appears thai the schoniiers mentioned were Canadian vessels fitted out for the capture of seals hi the .Vdi'IIi I'aeific (Jcean aiijaeenl In N'ancoiiver Islainl, Queen (,^harlii||i' Island, and Al.isKa; that they were peaee.'ihly piir.suinu' tiicir vocations on the hiuh seas at .1 distance of somi; 7'> miles from the ne;iiest island, and more than 100 miles from the ne;ire>i mainland ; thtil they were taken posscssicni of hy the United States' licveiHKM'ulter "(.'orwiu" on tlie ]st An!.;iist last, and towed to the port of Ounalaska. The crews of (ho '•'I'hornfon " and "Caroline" (\vith the e.xeeption of the captain and oim; man on each vessel, who were detained at Ounalaska), wen; sent. l)y steamer to S.in Krancis(^o, and there turned adrift, while the men of the" Onward " wei'e kept at Ounalaska. The schooners and the seals found on hoard of them were also detained hy (he I'nitcd Slates' .■inlhoritii's. Theaiithorily under wiileli tlie-e seizures were made is a[)parently ;— i. .\ lellerof iiisirncllons from ihe Act in;.^ Secretary of the 'J'reasiiry of the United Stall- to Mr i>'.'viieona. the Collector of Customs at San I'ranciseo, dated the 12th .March, ISsl. uiih inclosures (A of Appendix). 1;. A letter from the Secretary of tlie L nileil States' Treasury to the Collector of Customs at S.in l''raneisco, daiivl the jiith .March, ].SS(i, contirininy; the instructions ,j;iven to Mr. D'Ancona in l^s;). .md ordcriii'' puhlic.ation of tin; same (H of Appendix). ;;. The I'evised St;itutesof the United States, the lu'.Kith Section of which ]irohihits the"killinu of fur-hearinj^ anim.-ils wilhin liie liniiis of Alaska I'crritory, or in (he wat(!rs thereof, and Sections l!)(i' .•md lUlil of uliieh jirohihit the killing of m.ile seals, excejit at ceitain times, and under certain restrictions, and of fem.'ile seals al ;iny time, upon the Islands of St. I'anI and SI (ieor^e, or in (he waters adjacent tli(>reto. The master and mate of Ihe sclioone,- "Thornton" wen- sii1)sc(|ueutly (the 13th A.iiii'iist last) hrouuht for Irial hefore Judue l);iwson, in theUiiited States' IJistriet Court at Sitka. The evidence i,'iven l)\ the ollieers of the l.'iiited States' lieveniie cutter " Corwin " was to the elfect that the •'Thonilon " was seized while in t>chrii^''s Sea, ahout (iO or 70 miles soiith-south-cast of St. (lcort,'e's tsland, for the oll'ence of himtinj,' and killing seals wilhin that p.arl of I'.elirinn-'s Sea which was ceded to the United States hy Russia in l^Ci". The .lndp:e in his ch;iri;c to the jiirv ((noted the 1st Article of the Treaty of the 3()th March, 1S(J7. l)|.|weeii Itussia .liid ' '" Alaska is ilelined ;is iollow:. :- - ry The western limit, wilhin which Ihe territf and dominion conveved arc eontaineil, passes throii;,'h a point in Hehrinsi's Straits en the jiarallcl of (i;V' 30' north latitndi'. at its intersection hy the meridian which passes niidwjiy hetween the Island of Krnsenstern or luualoolc and (he Island of Ratmanolf rhool or .^lOonarnook, and proceeds due north, without limit.ition, into the same Frozen Oee.an. The same western limit heij;inning ;it the same initial |)oinl, proceeds then in a straii^ht course nearl west lhron<'h liehrim^f's Straits and Hehrii V sou 'ca, so as to pass miilway l)etwe(?n iiorth-wes! iioiiil of the Maihl of Si. L.iwrciiee and the sonth-easl 'point of Ca th- the Chonkotski, to the meridian o!' 172" west louKitude, th ' troni the jntcrsccdoii of (hat meridian in a south-westerly direction, so as to pass midway hetween the Island of Attou and the Copper Island of the Kormandorski couplet'or sjroup, in the ,\ortl I'aeitlc Ocean, to the meridian of 1'.) eonveytd the whole of the Aloutiau Islands ea.st, of that meridi DoeuuK nl> d s,. west lonj^itude, so as to include in the territory in," J'ixeeutivi' tOlh ( onui-ess. \(il. xiii, document 'i'lie .luilu'c is reported to have uone on to say: — All the w.iteis within tin; honnuarv set forth in this Treaty to the western end of th" .Meiiti within i'l' \ killiny- of fi Tvithin the limits hefore described III .\r.diipel,iyd .and cliai" of island, ar(> to he considered as comjirised ters of Alaska, and a ,he penalties prescribed hy law against the ariiifi' animals, must iherelorc! attach agiiinst any violation of law 81 \r United (late.! tlic ,;a •>■ iiivi> strciuioiisly resisted vviicn iiisilinn taken hy the I'tiitoil of "If, tliorpfove, (lie jury l)eliev(,' friini tlie eviileiiee thai, llie. {lol'ciKlmits did by tlicMiiselxes or in eonjnnelion uitli otiiers, on or alioul liie time ciun'iied in the ini'orniaiion, kill anv oiler, mink, martin, .salile, or I'lir-seai, or otiier I'nr-beai'inij; animal or animals, on tiie -chores of .\laska, or in the ISehriny's Sea. east of the VXV ol' west loni^'iliide, the jury should lind the del'endanis ;inilty,and assess their jinuisliment !ie[iarat(!ly, at a tine ol' not less than 201) dollars, nor more than l.dOO i7-, Air. Itoiiiwidl, then Secretary of the I'liitod States' 'I'reasury, in answer to a re(|nest made to him that a Ucvenue cutter should be sent to the rejrion of .Mir.n.'ik I'ass to |)rcvent Australian and Hawaiian \essels from takinu' seals on their annual miuration to the Island^ of St. I'aul and St. Oeonje, decliiuMl to accede to the re(iuest, and added :- " In addition, 1 do not sim- that the I'liited Stales would have the jui'isdietion or poMcr to drive oil' parties t,'oin^' up there for that |)ui'|)ose, unless they made such attempts ^vilhin a marine leai;ue of the shore." (ioini; further b.ack in date, the Sub-Committee tlnd that in \H±2 a claim to soveiei;^nty over the I'ai'ilic Ocean north of the olst dofijree ol' latitude was ))ut forward by I'lissia. An Imperial Ukase, issued on the Lth (Kith) Septemijer, 1S21, ref^ulalinic commerce, whalini;, and lishing' along the i?asteru coast of Siberia, the noith-westeru coast of North America, and tin; . ieutian and other islands, and pi'obibiun;; all I'or.ijjn vessels from landini; on tlr. coasts and islands hehiiiKinir to llussi.a, or appioachini;' them within less than 100 Ttalian miles, was communicated to the Ameiican (iovernment on the lllh J-'cbruary, 1H22 iC of Aj)pendix;. The tloiioiirable .lolm (,>uincy Adams, at that time United Stales' Secretary of State, wrote on the ^oth of the same month to ^\. de I'oletica, the ilussian .Minister Plenipotentiary, (wpvcssinn' the surpri.^e of the I'resideiit of llie United States at the assertion of a territorial claim by Uuss'ii e\teiidiii;j to the olst deirroe of north latitude on this continent; statiiiL' that the ■ xcliision of American vessels from the shore beyond the ordinary distance to which the territorial jurisdiction extends had e.vcited still li'reatcr surprise; and. i-eqi'.estini^ an ex])lnnatiou of the ijrounds of riuhl. upon principles E;eiierally r'oou;ni/ed by the laws and usaues df nations, which could warrant such claims. .M. di' I'oletica, in a despatidi dated ihe Kith (L'"-lh) I'eliriiary, l^s2, del'eiuls the prohibition as desi^aicd to suppress the Imnishiii:,' by foreii;iiers of .arms and ammu- nition to the natives of Itiissian Aineri"a. Ife adiK. however: — "The extent of .sea of which these possessions form the limits coin[irelieiids all the conditions which ;ire ordinarily nttaidied to .shut seas (' mers fermees'), and the lUissian (lovernment mii(ht, eoiisei|uunt 1\ . jiid^c itself aidhori/ed to exercise upon this sea the rinht of sovereiitidy, and especially that of entirely interdict inif the entrance of foreiu;ncrs. But it jireferred only assertini;' its essential ritjhts, without takilii;' any advanta;^!' of localities." Mr. .\dams deemed is :i siilUcietit answei' to this idaim to )(oint out the fact that the "distance from shore to shoie on Ibis sea in latitude -"il north, is not less than 110° of loniritnde. or 1. 000 iniles." (State i'ajiei's. vol. ix, p. 171 ft .vf/.) A writer in the " North .\merican lleview," in an artlide jaiblished a few mon'hs later, says, wiih i-esjiect to Mr. .Vdams' ;Mis\\er, " .\ velmuf on tl'^' subject eould not have placed thi; absiudity of the pretensions more iflariutijly before u,s." (" V' nli American Review," vol. xv, p. 381).) :J2 'I'lic position was r(>liii(|uisiicil li\ Russia alter inucli neiiolintion and (!oit("s|)(iii- (leiicc (sL'i- Aiiu'iii-an State I'api-rs, I'nrciv'ti Ki'lations, vol. v, p. U\2), and on the 17th .\|iiil, 1S2I, a Convention uas (■( in nded between the LJnited States and tliat eountn whieli was ratilii'd al A\'ashinut(m on Ihc 12tii January, ]H25, and oi' Mliieh the 1st Article is as follows: — •• 1. It is a!,'reed that in anv ])arl of the 'j;yvM ocean, coniniunly called the l';ieilic Ocean, or Sontli Sea, the res|iectivc citizens or siihjcets o!' the iliuih rontractiii;;- Powers shall he iioilher disturhi'd nor restrained, either in iiavii;ation or in lishiiii,s or in the power of resortiny: to the coasts iipnn points which may not alrcidy have hceii occupied for the ])urpose of tradiiiu; with the Jiatives, saviiifr always the restrictions and conditions determined by the followinf? Articles." (Stale Papers, vol. xii. p. o'.iij.) The (conditions and restrictions relate chidly to the |)revcntion of illicit trade in spirituous li(|Uors, lire-arms, &e. Xciiotiations hctween tlrcat Ih'itain and liiissia on the su))joct of the same Ukase, and the prohihition above referred lo, resulted in a Treaty between the two Powers, concluded on the Kllli ('JSth"* February, 1K2."), and containing the following: provision, in whit'ii the riu:hl of lishin^ and navigation by (Ircat liritain in any jiart of tin; Pacific Ocean is rccoi^nizcd : — " It is asreed that the respective subjects of thi! nigh (.'ontraetinir I'aities shall not be troul)h'd or molested in any jiart of the ocean couuuonly called the I'acilic Ocean, either in navigating the same, in lishing Iherein, or in iaiidint,' at such parts of the coast as shall not have been already urcupied, in oi'der to trade with the natives, under the restrictions and conditions specilierl in the following Articles." (State Pajiers, vol. xii, p. .">S.) So far as the Sid)-Connnittee are awaii'. tiie claim was never revived until it is now for tlie first lime put Ibnvard by the Inited States. It does not appear necessary to insist a( any i,'reat lenulli that the conditions attaching to marid rldtisti cannot by any ])ossibility be predicated of ]5chring's Sea, and that the seizure of Canadian vessels at a distance of over lOM miles from the maiidand and 7n miles from the nearest island constitutes a high-handed extension of maritimi^ jurisdiction unprccedeidcd in the law of nations, but the Sub-Committee cannot conclude without iuvitini;' the earnest attention of Her !Majc>ly'> (lovcrnnient to the fact that Canadian citizens sej/cd v.hiic engaucd in the pursuit of their lawl'u! vocation upon tlur high seas, and more than 70 miles from the nearest huiil. have been (lrau;gcd before a foreiirn Court, their ])roperty conliscatcd, and thcmsclvi's thrown iido prison, where they still remain. The Sub-Coinniitfee exjjress their conlident hojie that such representations will be at once made to the. United States' Government as will .secure the immediate rcdeasc of the imprisoned men, and full reparation for all losses and damage sustained by them. The t'ommittec concur in the foregoing Il(!port, and they advise that your Excollcncy be moved to transmit a copy of this ^Minute, if ap])i'oved, to tlio Kight Honourable the Secretary of State for the Colonics and to llcr Majesty's ^linister at Washington. All which is respectfully submitti.'d for vour Excellency's approval. (Signed) .IGIIN .1. McGEE, Chrli, Privy Council, Caiinrla. Sir, the A]i)ieiiilix (A). 3//-. If. F fieuih. .\rli,i:i i'feriiiiiii/. TriHuurtt Jjijiiii-tniciil, lu Mr. J). A. D'Aiiiviin, 717. (l'h''inrlj Hdnl. Siiii Fniviixni, Och'/onivi, Marrh 12. 188'i. [Seii liiclosure 7 in No. ;<.] Appendix (B). Ml-. D. Mudiiiiiii. SnrihtKi. '/'ininuri/ Deparlmeut , (u Iht Collector nf Cuntiinm. l^mi J-rnnriscn, March IC, 188fi. [See IncloKiue 7 in N'e. S] .18 iri'i'S] toll- on tlic 111(1 tlwit )!' Avliit'b I'Mcilic iitr.'icliiii;' lisliiiiij;, ;i{ly liJiVf i\;i_vs till" t.nidc in 11 is Ap|iiiiilj,\ ((;}. Kiliil ijj /fi.< /iiijieiiii/ MiijiMii, Aiildiriit nj .III llu JliinAi'i\ Tlic I)iri'Ctin)( .SeiiaUt iiiukctli kmiwii uiiUi all iiicii : wliiMviis, in an Kilid ut His lni|>i'i'iiil Miiie»ty> iMvied t'l till,' lliici'tin^; Sciialc (in tlic -Itli ilay cpI' S(;)il(;nilMi-, iind siyncil liv His IniiHiial Majdiily's own liamls, it i< lliic I'Xpri'ssi'il :— - " ( Hisci'vinu' I'i'iiii iciMiils sulpiiiilliMl til in llial tlic liailc ..I uiir .-iilijiit.s mi tin- Ali'iitiaii Islands and on the iiMrlli-\Mv-l cuast nl' America, a|i|icrlainiii,u' niiln liii^^iii, is siilijcrtcil, liciaiisc nl' illicit and spcrct tliillic. Ill (i]i|iicssiim and ini)iccliiiiciits. and liinliiij.' thai llic |iiiiici|iiil canst; ul' IIicm; ditliciiltics is tlic want 111' liiilcs isialilishiiiL' llic Imnndarics lnr iiavij;atiiiii alincj llicsc coasts, and the milcr nf naval coiniiiiinicalion, as udl in tlicsc jilacus as mi llic whole of tlic castitin cuast uf Sihcria and the KniiU; [fllands, we have deeiiied il necessary to dclcniiiiic thcsi! ciiinninniiations liy siiccilic l!o;,'iilations which are hereto attached. "In t'oiwardiii^' these Ii'cu'iilatimis to the llii-ectin;^ Senate, we cuiiiniaiid ilia I the same he ]iiililiHhed for nnivfirsid inrorination, and that |irii]ier iiicaHnies lie lakcii to carry theni into uxccntion. Countersi),'ned : (Sioned) "Connl I). (iV RIEV, Minml'r n/ fiminii'." It is thcret'ore de(Tceil hy the Directing Senate that His Inipeiial Majesty's tklict 'i»- piililishcd for ihp inforniation of all men, and that the samc! be oheyed hy all wliniii it may concern. The original is signed hy the l)ire(!tiiii,' Senat*'. On the oriL'iiml is written in the haiidwritinf; of His Imperial Majesty thns- " He it accordiiigh , (Signed) " ALKXANUKI;." Section 1. The pursuits of coniinercc, whalin;.', and lishery, and of all oilier indiistiy mi all islands, ports, and gulfs, iiicludin" the whole of the noilh-west coast of .\iiicriia. lieiriniiing rioni lichring's Straits to the "list degree of northern latitnde, also I'mni the Aleutian Islands to the cmsUUIi cuast of Siheria, as well as along the Kurile Islands from liehriiig's Straits to ilie smith cape of the Island of tiruii, viz., to the 4n ."iD' northein lalitnde, is exclusively granle to Itiissian suhjects. Section 1!, It is therefore piohibited lo all fnreign vessels, not only to land mi ilic cnMsts and islands helonging to liussia, as stated above, Iml also to approach llicm within less tliaii Km Italian miles. The transgressor's vessel is subject to conliscation, along with the wjiuh' cargo. Sir, Ottaiva, April I). 1886. I have the honour to tniDSinit herewith a letter just received Iroiii Mr. 'I'iieoclore Lubhe, the managing owner of our British Colunibian sealing fleet, and dated the SOth ultimo ; tiie newspaper clipping attached thereto fully c\i)hiins the matter enibiKlied tiiereiu, and, as will be at once seen, it is a matter of vital importance to our fishiii;,' industry and commercial enterprises generally that the same should engage tiie attention uf the tioveni- ment at the very earliest possible moment, in order that the owners may be appiiscd with as little delay as possible how they are to act. 1 woul I therefore respect I'lilly urge that the whole subject he refened to lii.s Kxeelleticy the Governor-General in Oouucil, so that I may be informed as quickly as is reasonably possible what reply to telegraph ; should this mode of [iroeedure be irregular or uiHlesifable, then I would most respeetlully ask that such other steps be taken in the [irctiiises as to you may appear necessary or expedient, so as to avert tn ''ble in the closely approaching season alluded to, and remove all doubt as to the rights ■ i' e parties on the " iiigh seas," or otherwise, as may appear to be reasonably consistoii 1 have, &c. (Signed) EDGAR CROW-BAKER, M.P., Vire-Presidpnt, British Columbian Board nf Trade, The Honourable the Secretary of State. dl film I. \tr. Ltihbe lo Mr. K. Cm ir. Baker, M.I'., Virlnrin, Ihilisli Columbia, Slaivh 30, 1886. [See Inelosuie 8 in No. .'i, p. 7.] Contraband Seal Hunting. Noticing in your issue of the " Call " of the 2'ith instant an article referring to the Alaska Kur Company's territory, to obli.ge a number of your siibseribeis will you kindly inform us if a vessel hunting seal a marine league off shore in IJehring's Sea would he liable to seizure, or does the mtirine league- limit apply to that territory as it does to all land in the high seas ? SEVKU.VL InTEUKSTEJ) SUBtSCRIBEltS. [1281 F ^4 Srctinn lOSfi, Revised Statutus of tlu' United StutL-^, pi-oiiibits tiie killiii>; of fur- hcBrinp iininiids witliiii tlic limits of Alaska 'rcrriiorv or the wiiltrs lliiTcdf, ixccpt iiiider an auihori/dtion from tlie Sceietarv ol tlu' 'I'lciisni'v, and it l''irlli('r provided that tiic Secretary sliall not ^I'anl any special privili;;c ■ under tiiis siction. 'I'lieii eonies the incpiirx : " hat is inekided in I lie term, 'the waleis iliereol ' i^ ' The Treat \ hy wliieh Alni^k.i was ceded to the United (slates hy Kus.-ia defines the Ixjinidaries of the jurisdiction *••■•" " ' 'I'lie western limit, which extends ont on the lii;;h sens (a cpnstionahle thus fonvcycil. conveyance) as tar as the meridian of lli;}° west lon^itnde. so as to include the whole of the Aleutian Areliipelugo, and ihenee proceeds north-west to the intersection of the iiu'ridian 17- wcBt with the parallel id' fi.')" ;<(•' north, pas-es Ihronuh the nnddle of Hi.liriu^''s Stri'its, midway hetwccn the Islands of' Kouseiitern, or li;naliiiik, and Kcitmanofl, and thence^ dne nnrlh with(ii;t linntation into the I'ro/en Oeean. liy Act of C'on;;res> the laws ol' the I'nited Stafe> are extended over all this feirilory anil water. As Hehrinit's Straits at its narrowest is ■!(! ndles wide, i) nnles Irom the A!a-kan mainland (iia>t would not heirin lo reach th,- wc-tuii liniii of om- purchase from IJussia, anil untd thr riL;ht of the United .States' (Jdveriiinent lo exclusive jnrisdielion over those waters is suceesslully controverted. \ou must not violate the law of C'lUiitre-s. hy killint; seals therein, witlion' the consent of the Secretary of the Treasury, oil peril of eondseation. " Aceordinj,' to the current of imidern aulhority," says f'liaiucllor Kent, " the general l( iriforial jurisdiction cxtcnils into the sea as (ar as a cannon-.shol will reach, and no farther, and tiiis is ;,'enerallv calculated to he a iiiaiine leoLMie (■> nulcsi, anil the ('on!,'rt's-. ol the rniteil .'^tates has rccognizfvi this limitaiinn." The claim ol Hus.--ia to .-' eiirnly over the I'aeiiie Ocean north of the .")lsi diirree of latitude, as a dose sea. wn idcicd hy our Government in 1822 as heim; a^ain.st the rights ol other nations, but we have houjiht Russia out, it is all rii:ht. One's opiiuons ehanjfe accordinii; to ones ..indpoint, and ht sides, eannoiis shoot lartlier now than thev used to. Public Xo. l.'iO. An .id III iiriTciit tin- Exlvniiinntioii uf h'lir-liiuiitiiij JnunnLt ni Aliiska, [See Inelosme 1 in No. 0.] I.itirr iliitrcl Trfiisunj Dejiurlmi-nl, Wnahbtijlnii, DA'.. A/iril 10. 1S7l'. [See Incluiiure (i in No. 3.] Indenture dated AuijuKt .S, 1870. [See Inclosure 3 in No. 6.) ■ TiiK Alaska Skizuue-s. Extract from the Bruokljin "Eagle." [See Inclosure in No. 13.] Government House. Vlrlurin, Hrilisli. Cnliimtiin, (Extniet.) Aiujv.-t 2G, \^>(>. I have the honour to report that a few davs since I received a tcleirram from Mr. Mason, Acting Riitish Consul at San Kranciseo, to the follow int; effect: — " 'Caroline' and 'Thornton ' seized hy United States' steatner ' Corwin ' for illegal scalint: ; about twenty men from them \m\ on hoard ' St. Paul' arrived here last ninht ; they ask nie for protection and to send them to Victoria. Advise me what to do. They are not charj^cd with anything:." Upon receijit of this I arranjred with the owners of the " Caroline " ami •' Thornton " for the return of the men here, and tliey rurived on the tlie 2:iril. The " Caroline" and " Thornton," heloniiina; to diHercMit owners, are sloops owned nere and fitted out here for the ])roseeution of seal tishinu; in the North Pacific and Behring's Sea. 1( seems from the accounts given that they were |)eaceahly pursuing their vocations and not within 70 miles of land when they were seized hy United .^tati's' Revenue steamer "C'orwin," as above stated. Some of th(> men were sbi|)ped ' o San Francisco; the sloops and their masters are retained in some Alaska port. I inclose a cuttinj; from a ncwspapci' |)uhlished here, which gives as correct an account of the matter as we have at ])iesenl. and also a statement of the facts relating to the transfer to the United States of the Kussiun-Americun possessions and of the lease and ■ ■■& to fi nicir Unit tints term of St. tur- frotn he and Unite lease and for tl the nniu: _dloi jjrovi the o kase V 1st .iti'on m CI) ' am lindt^ has r the n the r Mas 35 )lt, iiiiiess tli'.' Heliriiiii's oa>t, would liL'iit of iiceesslully in, witlion; iiiij: to tin- iii'isdielidu is ;;t'iierally Slates lias ledie Ocean leinuieiit in Kussia out, U>, calilioiis , ('ohiiiihiit, ilegrani Ironi 11 ' tor illegal ic last nii^lit ; 1(1 do. Tliey •' 'I'liornton " § ilno|)S owned ■'f I'aeitic and iiiisuini; their J 'nited States' ',*! ij)[)ed '0 San •1 .1 et an account •lalini; to the the lease and •M IS granted hv the (JovernnienI ol the United States to the rompuny above I. I ae matter has hecn already l^ii'l bifore li' Ihinouiablc lliu Minister of Marine atid Fisheries, who o|)|)<)rtuMely arrived here a tew days after my retx-ivinf; irdiirmalion of it ; Ixit I heg to call your earnest attention to it, so that, the whole case heing laid hel'drir tlie lin|ierial authorities, ste|)s may he taken not only to cause icjiaratiuns to he I 1- „ il ..« U«,.J 1...I- «.. A„ti..',, ,.]f ...........«4 :i.l.. ......f.f itii^n made of it, for th( "W ', — i J , , • - - ,--^ -^ _ he outra;;'," eonniiifted. hut to dcfiniiely |)rt'\'ent anv possible pcpetitmn 'rrtK 8k,m.tno iSciiooNi'.R Skt7,uhks. .\s the late sei/ui'es of an American and three Uritish sealing schooners hy an ,\meiiean Revenue cutter in the I'ehrinij's Sen are almost certain to lead to international eoniplieations on account of the e.xtravaganc.'e of the assumption U|)on which those seizures were made, a hrief liist(U\v of the events which led up to them will he aeeeptahle at the present time. fn Maieh l^i'i? a Treaty was made between Russia and the United States, by which Russ'ii eeded all its p issessions in Uritish North .\nit;riea to the Government of the Uiiil( d States. One of the t(M'nis of that Treatv declared that tiie western limit, within which till! territories and dominio i conveyed are 'ontained, passes through a point in Mehrinii's Stiaits on the parallel i O.'i' 30' nurtli latitude nt" its iiitcr«eetioii hy the meridian which pas-es midway li. tween the Isj.mds of Krusenstein or lynalook, and proceeds diic north witliout limitation, into the sain(; [''roiien Ocean. The same westerj; limit, heginninL' at the same initial point, proceeds thence in :>. cimse nearly south-wes^ through Mehrintf's Sea, so as to pass midway between the north-west jioint of St. Lawrence and the south-east point of Cape Choutkotski to the meridian of ITli'west ionj,'itude, thence I'vom the intersection ot' that meridian in a soulh-wcv-.teiiy direction so as to pass midway between the Island of Attou and the C'op])er Island ot the Kormandoi-ski couplet or i;ii)ap in the \orth Tacitie Oe(.>an to the meridian ot i'.)3 west loniiitude, so as to include .n the ie;-rilory eonve;, cd the whole of the .Meutian Islands cast of that meridian. So far, so ijood. In July 1870, in the 'Jnd Session of the 41st Coiii^ress, an Act wa.s passed entitled '■' .An .Act to prevent the K.vtermination of Fur-hearin;,' Animals in Alaska,'' in which the number of seals to be killed for then' skins was limited on St, Paul's and St. George's Islands to To.OtIO per annum on each island, with power by the Secretary ot the Treasury to tiu'ther limit the number if necessary, and f,'ivinj; that otficial power U) lease for rental mentioned in this Act, to proper and rcsponsiiile parties, lo th.' best advantaije of the Uniti'd St.itcs, lia\ini: ilu'.' reijard to tlie interests ol' the Goveiiiinent, the native inhabi- tants, the paitics hitherto ensaired in trade, and the protection of the seal fisheries, lor a term ot twenly-tive years from Alay 187(1, tlie ri-ht to eni;a^e in taking' seals on the Islands ot St. I'aul and St. Georp^e. Another section declares that anv person who sliall kill any Im-seals on either of the siiid islands, or in the waters adjaceni lliereto, without authority from the lessees tlu'reof, or interfere with them iu the lawful prosecution ol their duty, sliatl be deemed {.'iiilty of a misdemeanour, and shall lor each ottence or conviction be j)unislied, and all their vessels, t.ickle, apnarel, ajipurtenanccs. and cari;o shall be forfeited to the United States. In the nionih lol'lowini,' the passa!,'e of this Act, that is in Au,i;ust |S70, a lease called the Seal Isfind Lease was e.vccuted between the United States" Government and the .Alaska Commercial ('oin|iany, a Corporation establi>lie 1 in Caliioiiiia. In return tor the exclusive pi-ivilej;e of takinti liir twenty years (with certain restrictions) fur-seals in llu' Islands of St. Pad and ."^t. (icorjxc, the, lessees a_i,Teed to [liiv the (iovernment an annual sum of o.'j.tJOO dollars, 2 dol. (ii'.i c. tor each s.'al-skin taken, 5.'> cents for each gallon ol seal-oil sold, and to annually provide the natives with a certain cpiantity of jirovisions and fuel. The montlis of June, .Tuly, September, and October were, moreover, the only months durinE; wliich the caiiture of the seals could be |)i()seculed. Under this lease or roncession tbisCompanv has perpetuated its monopoly lor si.Kteen years, reapiiif; a v.ist prolit therefrom. Not satislied with the prolitic source of its sapply, and the f.icilities atlonied it for enprauini; in the business, the Coiii|mny has sought ami practically succeeded in conirollin;;- the fur-seal market by its agi!;icssiveness in prctendiiitt to coiistine the term ''and the waters adjacent ihereti)"as meaning th:it vast sea of waters included in the limits of cession named in the Russo-Aineriean Tre.itv of I^IJT. In this interpretation it has received tlu; nnrelaxed support of the United ."states' Government, whose interests in the matter are identic:il with those of the Company; and here it may he remarked thaf the royalty paid by the latter furnishes a handsome profit upon the |)urchase-iiioney of Alaska Territorv. One or two American Revenue cutters are alway.s crui/in;r iu the [1:^8] • jpo 36 Heliring's Swi and that portion of the North Pacific to tlio south of the Aleutian Jshinds. ever on tiu- alert to prevent any vessels i)ut tliose of tlie Alaska Comniercial Company from ciipturinu; seals there. Meitini,' with no effectual opposition, and the cost of lit,i^ati,)n precluding any chances of succiss lor the appellant, tiie Government has hecoine more and more au'J^ressive, until tinaiiy. changini; from a defensive to an offensive supervision, their action has culminated iu tiic diliherute seizure of three British sailing schooners upon, whatever a national greed may declare to the contrary, the high and oi)en seas, recognized by international law as part of the world's great highway, free to the coninierce of nil countries, and a natural means of intercourse of all nations. it is laid down ;is one of the first principles of maritime and commercial international law that the open sea or main ocean is, like the atmosphere, free for common use to all mankind, and cannot be api)ropriated by any State to the exclusion of the others. Hearing in mind tiie huge improbability of the act of the; Revenue cutter not being in conbonanee witii Governmental orders, what do we find r That a nation, disregarding on one coast the the belt of the sea littoral which constitutes the range belonging to coast defence, is actually assuming on another coast supreme maritime jurisdiction over a waste of waters comprising half the northern part of a vast ocean. In the exercise of this self-arrogated authority foreign mercantile vessels are forcibly seized and, with their cargoes, are declared confiscated, while with an unaccountable magnanimity the crews, after being landed at an American port many hundred miles distant from the scene of their capture, are allowed to go at large. It may be advanced that if ojien to indiscriminate capture the fur-seal would have ere this become extinct, or nearly so. Hut though this has been the case with the seal in the southern regions it is a fact, which, dcpiorid)le as it may be, would furnish a most tliinsy excuse to a (Jovernment whose regulation of tiie industry in Alaskan waters is prompted not by philantiiropy, but by striclly mercenary considerations. So far has this latter disposition tarried them as to cause them to become respoiisibie for an act which, if committed by a vessel iiiivalely manned and owned, woidd bear but one interpretation. As it is, the act is one that is rash, agirressivc, and, in the face of what is known, bitterly unjust, and is already s[ioken of as an unworthy means of reprisal for the late seizures made by Cairada of American fishing-vessels on the Atlantic coast. The scaling schooners when seized were over 70 miles from any land, and how, with this fact before tbewi, the United States' (Government can attempt, with any show ot reason, to justify the eoPiduct of the Commander of the '•('orwin," it is diiiicult to imagine. With that evidence we have at hand, the seizures and detention are inanil'estly illegal, and representations of the afliiir througii the I'roper official channels iiave idready been forwarded to the I lonie Government. Britain is not belligerent, the strength she possesses — imparted by the commerce she conducts in every (piarter of the globe — she does not misuse. Mr, Miinroe lo Mr. i^prinij, Auijnxt 7, l8Wt>. [See Inciosure 4 in No. 7. J ■0 '^ a recc Dear Sir.. Vivtorln, Brilixh Columbia, Non-mlii-r l'>, 1886. As our sealing schooners will leave Victoria on or about the I Otb December for the sjHling ex|)editions of 1887, many of them will not return to Victoria until September, or, in other words, not until the Bchring's Sea trip is completed. We are, accordingly, anxious to know what is being done in the case of our seized vessels, and wlietber ornot we may look for protection against what we and even the American press is pleased to term piracy. We have no occasion to interfere with the Alaska Connnercial ('otnpany's rights on the I'riholoff' islands, nor do our vessels come anywhere near land. The (act is. we tpke out at sea from ,')0 to 100 miles what the Honourable H. Elliot, of the Smithsonian Institute, in his Report of 1874 on the Seal Islands, calls " batchelor seals," or those not retpiired on breeding-grounds, to which Report 1 would he pleased to call your attention. The industry is of too nmcli importance to Camula to allow the Alaska iJomuiercial Company to dictate who shall and who shall not take seals on the high or Hebring's Sea. For the seitson of 1^*80 there was brought into Vietoiia from the Pacific Ocean and Behring's Sea, and shipped therefrom to England and the United States, 50,000 skius. valued at about JioO.OOO dollars. It is evident that the business is worth protecting. .lust here allow me to contradict a statement made by Special Agent Single, of the United States' Treasury Depart nient, in which he says that three-fourths of the seals shot in the water sink and are lost. From the experience of our hunters I maintain but a small percentage is lost in this way. (irobably not over one in fifty. I douht if the loss My Si/ of 87 |ii Islands. Company It lir.igiiti.)n pome more |ui)ervision, Incrs upon, J recognized lu-rci! uf all ternalional use to all Hearing confconunce e coast the defence, is e of waters lf-arro<,'ated re declared iinded at an ,• ;iilowcd to ■-seal would ise with the uld furnish skan waters far has this II act which, terpretation. uwn, bitterly ate seizures g schooners ire tluMii, the le conduct of L'nce we have I of the affiiir Governiiient. jminerce she • 15, 1886. niber for the I September, accordingly, lether or not is pleased to d (Vnnpany's id. The (act 3lliot, ol the ;licl(>r s;al8," eased to call , i^omtiiercial k'hrinfj's Sea. • (ioean and 50,000 .skiuii. tucting. Single, of the he seals shot iiiiitain hut a t if the loss is as great a.= that caused by t'lC rejection of skins after being clubbed by the Alaska Commercial Company on the isinnds, to which reference is made in the Tables of Klliot's Report. The Americans themselves in 1824 repudiated Russia's claim to the Behring's Sea when Russia seized the Boston brig "Pearl" for whaling. Two years later Rusiia had to give the vessel up, and paid damages. In conclusion, I may say that the .seized skins are liable to be valueless on account of neglect. Captain Ogilvie's body has been discovered ; a jury was empanelled, and a verdict was ijiven in accordance with the facts of the case. Hoping you may be pleased to advise us in this matter before our vessels sail, you will confer a great favour on your most obedient servant. The Honourable George E. Foster, Minister ot Marine and Fisheries. (Signed) VVM. MUNSIE. No. 23. The Earl of Iddesleigh to Sir L. West. — {Substance teleyraphed.) Sir, Foreign Office, January 8, 1887. REFERRING to previous correspondence in regard to the case of the three Canadian schooners engaged in the seal fishery in Behring's Sea, I transmit to you here, with a copy of a letter from the Colonial Office, with a des|)atch, and its inclosures, from the Governor-General of Canada, explaining the views of the Dominion Government in the matter." Nearly four months .have now elapsed since my despatch of the 9th September last was addressed to you, in which you were directed to invite the Government of the United States to furnish you with any particulars they might possess relative to the occurrence ; and further instructions were sent to you in my subsequent despatches of the 20th, 2l8t, and 30th October and the 18th November, but up to the present date no reply has been received from that Government as to the alleged proceedings of their officials. I have now to instruct you to express to Mr. Bayard the concern of Her Majesty's Governnient at receiving no rejily to the serious representations which they have Jelt compelled to make on the information which has reached them respecting the proceedings of the United Stales' cruizer "Corwin" in seizing British sealing schooners on the high seas, and to urge, with all the force which the gravity of the case requires, the immediate attention of the United States' Government to the action of the American authorities in their treatment of these vessels, and of their masters and crews. I am, &c. (Signed) IDDESLEIGH. No. 24. Sir L. West to '.e Earl of Lhlesleigh. — {Received January 21.) My Lord, Washington, January 10, 1887. I HAVE the honour to acknowledge the recei|it of your Lordship's telegram of tlie 8tli instant, and to inclo.se to your Lordship herewith copy of a note which 1 immediately addressed to the Secretary of State, referring to my notes of the '27th September, 21st October, and 7th December last, and to your Lordship's despatch of the 30th October, copy of which 1 j)laccd in his hands on the 12th November, and expressing the sense in which Her Majesty's Government viewed his silence with regard to the communications which had been made to him respecting the seizure of British vessels in Behring's Sea. I have, &c. (Signed) L. S. SACKVILIJi; WEST. Inclosurc in No. 2-1. Sir L West to Mr. Bayard. Sir, Waihinyton, January 9, 186T. 1 HAVE the honour to inform you that I have received instructions from tl e Earl of Iddesleigh, Her Majesty's Principal Secretary of State for Foreign Aft'airB, again to • No. aa. ns hrinu;- to your notice tlic srave representations iiiade by Her Majesty's (iovcrnment n'spectini;" tlie sei/u'e of tlie i'ritisli vessels "Carolina," -'Onward," and "Tlioniton" ill Beluinu's Sea, by the United States' eriiizer " Coi-win," to which no reply lias as yet been rctiiiiied. On the l.'7tli September last I had the honour to address to you a note in which 1 stilted iliat Her Majestv's (Jovcrmnenr retpjested lo lie l'ui'nisb('(l with any jjarliculars which the United States' (ioveinmeiit nii^ilt possess relative to this ueeurreneo. On the 21st Octnl.r'r hst 1 iiad the honour to intbnii you that 1 was instructed by the Karl ot Iddesleiu'h to protest, in the name ot Her Majesty's Government, ii'j;ain9t such seizures, and to reserve all riuhts to compensation. In a note dated the l-th Novenibei" last you were i;ood enouich to explain the delay which had occurred in answcrin;; these communications, and, on the same day, I had the honour lo comiiuinieate to you a despatch from the Ivn-l of Iddesleiirh, a copy of which, at your recpiesv, 1 placed in your hands. On the 7(h ultimo 1 aifain had the honour to address you, statin!"; that vessels were ecjuiiipiiiL;' in I5iitish Coiuiiibia tor tishiii'^ in Hehrinir's Sea, and that the Canadian Govermiunt wen; desirous ot aseertainini; whether such vessels fi^hiiii^ in the open sea. and beyond the territorial waters ot Alaska, would be exposed to seizure, and tint iler Majesty's ijovernnient \M)nld be Lrlal it some assuiance could be given that, pendini; the settle a^nt of the questions, no such seizures ot' Hritish vessels would be made in Behrin|;'s ^Seu. 'I'iie vessels in (pieslion weie seized at a diitance of more than 60 miles from the nearest land at the time ot their seizure. 'I'he master of the '"Thornton" was sentenced to imprisonment for thirty nays, and to pay a tine ot 600 dollars, and there is reason to believe that the musters ol the '" Onward '" and "Carolina" have been sentenced to similar penalties. In support of this claim to juiisdiction over a streieii ol' sea extenoini; in its widest part some 000 or 70i) miles from the mainland, advanced by the Judge in his eharire to the jury, the authorities are alleged to have interfered with the jjcaeeable and lawful occupation of Canadian citizens (ni the high seas, to have faki:n possession ol their ships, to have subjected their property to I'orfeiture, mid to have visited upon Iheir persons the indi^niity ot' imprisonment. Such procecdinf^s therel'ore, if correctly reported, would appear to h;ive lieen in violation ol' the admitted |>riiuiple ol' international law. I'nder these circumstances, iler Majesty's Covernmenl do not hesit'ite to e.\|)ress their coneern at not iiavini; received any reply to their reiircsentations, nor do they \\ish to conceal the urave nature which the ease has thus assumed, and to which 1 am now instructed to call your ininiediate and most serious attention. It is unnecessary tor me to allude I'urthcr to the information with which FJer Majesty'.s' (ioiernment has been furni-Iied respectin-c these seizures ol' IJriiish vessels in the open seas, and which, for some time past, has been in the possession of the United Stiitis' Cjovernnient, because Iler .Majesty's (Government do not doubt that if, on itupiiry, it, should prove to be correct, the Government of the United Slates will, with tlnir well- known sense (,l' justice, admii, the illci;ality ot' the |)roceediiii;s resorteil to apiinst the |jriti-.h vessels and the liriti^h subjects above nientioned, liiid will cause reasonable repmation lo he made lb;' the wronirs to which they have been subjected, and for the loss(;~ wliieli they have sustained. in conclusion, 1 have the honour again to rcl'er to your note of the 12th November last, i"'>' t" ^'•Ucd you said verbally to me on rlie same day, and to express the liojie that •he cause of the delay complained of in answering the representations of Her Majestv's Government on this grave and imjiortant matter may be speedily removed. 1 have, &e. (Signed) L. S. .SACKVil.l.F, WKST. -■■* s I Sir. to uia have No. -'5. .V/r L. ll'rst to ih'r Md'irsti/s i^irretar]! nf Stair, Fnnufjii Officp.- -(Rercivrd January 20.) My Lord, Washinijlon, Januanj l.'J, 1887. Wll'il reference to my despatch ot' the 7lli instant, I have ihe honour to inclose to your l>orilsliip heiewith copy of a note which 1 have re(;eived I'rom the Secrctarv of Stale in answer to my (■ommunieation expressing; the concern of {\i;\- .Majesty's (jovern- nient at receiving no reply to their represenlations respeelini; the seizure of Hritish vessels iu'Dehring'b fcica. 1 have, &e. (Signed) L. S. SACKViLLE WEST. i^ .\h )vorninent loniton " lis as yet in wliicli jiiriiculars iMictcd l)y ;aiii?t such the (lelav I iiutl tlio of wliicli, essols were Canadiiin open sea, tint Her it, peniiiiii^ 10 made in PS from the s ^entenc•ed i.s reason to il to similar n its widest s charire to and lawl'ul tlicir ships, persons the rted, woidd aw. Under iieir concern conrx"cd tiie iicted to call whicii Her sh vessels in ' the Liiitcd , on in(|uiry, Il their well- airainst the : reasonable and tor the h November le ho[)(; that ler Majesty's : \vi:sT. January 26.) l.'J, 1887. jr to inclose he Secretary ly's (jovern- ritish vessels E WEST. 5« Inclosure in No. 2.'>. . Mr. Buijiird to Sir L. Went. Sir, JJcjHiniiirnt of Hint c, WiishiiKjIon, Jtnuwrji 12, 1887. YOLli note of tiie '.llh instant was received by nie on the next day, and I regret e.xcecdinulv that, a!tliont,'h ny oHorts have been diliiicntly made to procure troin Alaska the autiienticatcd copies of i.lie judicial proceedings in "the cases ot the British vessels "Carolina," "Onward," and "Ihornton," to whicii you reler, I should not have been able to obi liii them in tiii;e to have made the urgent and renewed application of the Karl ot Iddcslei^di superfluous. The (jressinir nature of your note constrains me to iniorin you that on the 27th September la>t, when 1 lectived my lir-.t iiitimaliou Iroin you that aiiy (juestion was ])()'sii)lc as to the validity of tiic judicial )iroccedini(s reterred to, 1 lost no lime ia rerjur-tmi; my colleague the Attorney-General, in whose Department the cases were, to procure lor me such authentic information as would enable mc to make full response to your application. IVoin week to \Mek I have been awaiting the arrival of the papers, and to-day, at tny reque-t, the Atiorney-Gcneral has telej;ruphed to Portland, in Oregon, the nearest telegraph slation to Sitka, in Alaska, in order to CNpedile the lurnishitii; of the desired papers. You will understand tiuit my wish to meet the (juestions involved in the instructiotis you liavi; received I'loiii your (ji;\ernment i.^ averred, and that the delay has becti enforced l)y th' absence ol" renuisite iniormation as to the facts. The distance of the vessels from any land, or the circumstances attendant upon their seizure, aie unknown to nie, save by tiie statements in your last note, and it is essential that such lacts should be devoid of all unccrtaintv. ()( whatever information may be in the jjossession of Her Majesty's Govcrnmenl I have, of couise, no know ledj;e or means of knowledge, but this Department o( the Govern- ment of the Lnitcd States is not yet been [ihiced in possession of that accurate inl'ormaiion whieii would j . ly its decision in a ((ueslion whieii you are eertaiiily warranted in eoiisiderini,' to he nl _ravc iinportaneo. J shall diligently I'ndeavoui to procure the best evidence possible of the matters in( which IS inclosed, to the Seerefarv of State, after the receipt of vour Uordslup's telegram of the •J/lli ultimo, iiupiirint; wlielher the United States' (ioverimu ul hml ive. ived tlie iniormation and papers emmeeied lheiv,\itli ; and 1 now have tiie honour to inclose eoiiv of a note wbieh 1 have received in rejily thereto, stating that the papers in (pieslioii were expecteil within a fortnight, and informing me that in the meiinw liile. without eoiielusjoii at 40 this time of any questions involved, orders have been issued by the President lor the dis- continuance of all pending proceedings, the discharge of the vessels referred to, and the release of all persons under arrest in connection therewith, which information I telegraphed to your Lordship this day. Since the receipt of the Earl of Iddesieigh's telegram of the Cth December last I have from time to time endeavoured to obtain a decision in the sense of the note now addressed to me, which, as far as it goes, will, 1 trust, be considered by Her Majesty's Government as a satisfactory result. In accordance with the instruction contained in the above-mentioned telegram, I have communicated this result to the Governor-General of Canada. I have, &:c. (Signed) L. S. SACKVILLE WEST. Inclosure 1 in No. 27. Sir L. West to Mr. Bayard. Sir, Washington, February 2, 1886. I HAVE the honour to inform you that, under date of the 27th ultimo, the Marquis of Salisbury instructs me to inquire whether the information and papers relative to the seizure of the British schooners " Carolina," " Onward," and "Thornton " have reached the United States' Government. I have, &c. (Signed) L. S. SACKVILLE WEST. Inclosure 2 in No. 27. Mr. Bayard to Sir L. West. Sir, Department of State, Washington, February 3, 1887. I BEG to acknowledge your note of yesterday's date, received to-day. Upon its receipt I made instant application to my colleague the Attorney-General in relation to the recordof the judicial proceedings in the cases of the three British vessels arrested in August last in Behring's Sea for violation of the United Strtes' Laws regulating the Alaskan seal fisheries. I am informed that the documents in question left Sitka on the 2(ith January, and may be expected to arrive at Poii Townsend, in Washington Territory, about the 7th instant, so that the papers, in the usual course of mail, should be receive(i by me within a fortnight. In this connection, I take occasion to inform you that, without conclusion at this time of any questions which may be found to be involved in tiu^e cases of seizure, orders have been issued, by the President's direction, for the discontinuance of all pending proceedings, the discharge of the vessels referred to, and the release of all persons under arrest in con- nection therewith. I have, &c. (Signed) T, F. BAYARD, Slim of the ill Be (iiK'nt No, 28. Colonial Office to Foreign OJfrce. — (Received Fehrunnj 9.) Sir, Downing Street, February S, 18?'. WITH reference tn previous correspondence respecting the seizure of Canadian sealing schooners in Behring's Sea, I am directed by Secretary Sir H. Holland to transmit to you, to be laid before the Marquis of Salisbiiry, a copy of a despatch, with its inclosures, from the Governor-General of Canada on the subject. Sir H. Holland will be glad to be informed of any action which Lord Salisbury may think proper to take upon this despatch, in order that the Marquis of Ijansdownc may be apprised accordingly. I am, &c. (Signed) JOHN HRAMSTON. sum II of till ill till iiiipi'i.' ir the dis. ), and the ;legraphed mber last tlie note by Her jlegram, I WEST. 41 Inclosure 1 in No. 28. The Marquis of Lansdovme to Mr. Stanhope. Sir, Government House, Ottawa, January 15, 1887. WITH reference to previous correspondence respcetint; tlic seizure of Canadian sealinfj schooners in Ik'hring's Sea, I have tlic honour to transmit to you, in order that rcparaiioii may be sougiit from the United States' Government, a copy of an apjiroved Rejjort of a Committee of the Privy Council of Canada, submittini^ pa])erR eontainiiii; full statements of claims for damage .sustained and compensation demanded l>v the owners, masters, and mates of the schooners "Onward," "Thornton," and "Carolina." I have, &c. (Signed) LANSDOWNE. 2, 1886. ic Murquia tive to the ve reached WEST. 3, 1887. . Upon its alion to the d in August ;he Alaskan anuary, and out the 7th me within a at this time orders have proceedings, rrest in con- AYARD. Inclosure 2 in No. 28. Report of a Committee of the Honourable the Privy Council for Canada, approved by his Excellency the Governor-General in Council on the 3rd January, 1887. ON a Report dated the 27tli December, 1S86, from the Minister of Marine and Fisheries, submitting papers containiim full statements of claims for damage sustained and coiniiensation demanded by the owners, masters, and mates of the sealiui; schooners "Onward," "Thornton," and "Carolina," which vessels were seized by the United States' Hevcnue cutter "Corwin" in Behring's Sea in August ISSfi, and concerning which full re])resentations have been made to Her Majesty's Goverinnent in desjiatcbes bearing date respectively the 23rd and 24th September and the 2i)th November, 1886, and recommending that copies of the same be transmitted to the Right Honourable the Principal Secretary of State for the Colonies, in order that reparation may be sought from the I'nited States' Government for all damages and loss to IJritish subjects conse(ju"nt u[)on the illegal action of the United States' otlicers in the cases referred to: The Coimiiittee, concurring in the above, ail vise that your Excellency be moved to transmit copies of the papers accordingly. All which is respectfully submitlcd for your Excellency's approval. (Signed) JOHN J. McGEE, Clerk, Privy Council. Documents annexed to preceding Report. The Claim of Daniel Munroc, Master of the British Schooner " Onward." I claim against the Government of the United States, or whom it tnay concern, the sum of 8,000 dollars for loss of wages, lay-out, damages, and indeiimity for illegal seizure of (be schooner "Onward" by the Coinmander of the United States' steamer "C'orwin " in Ik'hring's Sea on the 1st August, Issf), or thereabouts, and for detention and subse- (|uent wrongful imprisonment in gaol at Sitka. (Daniel Munroe, bv his Attornev in fact), (Signed) EDGAR CROW-BAKER. Vidoriii, British Columbia, October 20, I88G. I S, 1887. f Canadian to transmit li. with its lisbury may wne may be MSTON. The Claim of Hans Gnitormsen, Master of the Brilish Schooner " Thornton." I claim against the Government of the United States, or whom it may concern, the sum of S,0()0 dollars for loss of wages, lay-out, damages, and indenmity for illegal seizure of the schooner "Thornton" by the Connnander of the United States' steamer "Corwin" in the Bcliring's Sea on the 1st August, 188(1, and for detention and subseciucnt wrongful imprisoiunent in gaol at Sitlai. (Hans Guttormsen, by his Attorney in fact), (Signed) EDGAR CROW-BAKER. I'ictoria, lirilish Columbia, October 20, 18813. [128] G *.* 42 Damar/es claimed hy the owner of Schooner " Cniolinn " /n rrs/iect of her Seizure liij the United Stutcs' Steam-ship " Corwin" while Jishiny in lkhrin(fs Sea. British Columbia, to wit. I, William Munsie, of Victorin, British Columbia, owner of tiic British schooner "Carolina," do solemnly and sincerely declare: — 1. That the value of the said vessel at the time of her seizure by the United States' steam-ship "Corwin" was 4,000 dollars, and the i.jst other outfit, when she left Victoria for the Behring's Sea, was 3,000 dolhirs. 2. That she carried a crew of eleven men, and tiic estimated wages due to tlie master and men for four months from tiie loth day of May, 188fj, to the time of the return of the said men to Victoria is -1,500 dollars. 3. That at the time of her capture hy tiie "Corwin" she had 68G seal-skins, which were worth, at 7 dollars each, 4,802 dollars. 4. That the probable catch for tlie season, estimated from the number of skins taken by the scliooner "Mary Ellen," which was .'5,,')54 skins, and by the number of skins taken when the said schooner was captured, would be 3,000 skins, the value of which would be 21,000 dollars. 5. That the loss sustained by me in consequence of the detention of the said schooner, and my being unable to employ her in ordinary work alter the sealing season is over, is 450 dollars a-month, which sum I claim until the vessel is returned home in good order and condition. 6. That I have also paid and incurred liabilities connected with the arrest of the said vessel, and in defence of the master and crew, for legal and other cx])eiises, 1,000 dollars. And I make this solemn declaration, conscientiously believing the same to be true, by virtue of the Act pcsscd in the 37th year of Her Majesty's reign, intituled " An Act for the Suppression of Voluntarv and Extra-judicial Oaths." (L.S.) " (Signed) WILLIAM MUNSIE. Taken and declared before me this 20th October, 1 88G. (Signed) M. W. Tyuwiiitt Dkakk, Notary Public, Victoria, British Columbia. Damages claimed by the Owner of the " Onward" and "Favourite " in respect of their Seizure by the United States' Steam-ship "Corwin" while fishimj in liehrimfs Sea. British Columbia, to wit. 1. Charles Spring, of Victoria, British Columbia, owner of tiie British schooners " Onward " and " Favourite," do solenmly and sincerely declare : — L That the value of the said vessel "Onward" at the time of her seizure by the United States' steam-shij) " Corwin " was 4,000 dollars, and the cost of tl.e outfit when she left Victoria for the Behring's Sea was 1,000 dollars. 2. That she carried a crew of twenty men, and the estimated wages due to the master and men for four months from the 12th day of June to the time of their return to Victoria is 7,.')00 dollars. 3. That at the time of her capture hy the "Corwin" she had 400 seal-skins, which were worth 2,800 dollars. 4. That the probable catch for the season estimated on the number of skins taken by other schooners, and by the number of skins taken when the said schooner was captured, would be 3,000 skins, the value of which, ; t 7 dollars a skin, would he 21,000 dollars. .*>. That the loss sustained by me in conse(iuence of the detention of the said schooner, and my being unable to employ her in ordinary work after the sealing season, is over 500 dollars a-month, which sum I claim until the vessel is leturncd to me in good order and condition. G. That 1 have also paid and incurred liabilities connected with the arrest of the said vessel, and in defence of the master and crew lor legal and other expenses, 1,000 dollars, and I also claim 3,000 dollars damages, because the oflicer in connnand of the United States' steam-shi|) " Corwin " as she passed the " Favourite " or(k'red her to cease sealing, which she did, anaid and incurred liabilities connected wilii the arrest of the said vessel, and dei'cncc of the master and crew for legal and other expenses, 1,000 dollars. And I make this solemn declaration, conscientiously believing the same to he true, by virtue of the Act passed in the 37th year of Her Majesty's reign, intituled "An Act for the Sujipression ol Voluntary and lixtra-judicial Oaths." (L.S.) (Signed) J. D. WARREN. Taken and declared at Victoria this 19th October, 188G, before me. (Signed) M. W. Tviaviirrr Dii.vke, iS'otary Public. Victoria, British Columbia. I, .lames l?lakc', mate of the schoener " Carolina," claim 5,000 dollars as damages for my illegal arrest and imprisonment on board the '" Corwin " and in goal at Sitka from the 1st August to the IGth September, 1880. ^Signed) JAMES BLAKE. Witness : (Signed) M, W. Tvuwuitt Du.vkk. Victoria, British Columbia. 1, John Margoticb, mate of the schooner " Onward," claim "(,000 dollars as dai lages lor my illegal arrest and im[)risonnKnt on board the United States' vessel " Corwin ' and in gaol at Silka from the 23rd Auj^ust, 1880, to the 2!Hh September in the same year. (John Margoticb, by his Attorney), (Signed) C. Sl'RlN'(i. \\ itncss : (Signed) iM, W. TyiiWllllT Du.vuii. [128] G 2 44, Victoria, British Columbia. I, Harry Norniaii, iiiiitc of tlic steamer " Tliorr.ton," claim as compensation for my illegal arrest and imprisonment on board flu' United Slates' steam-sliip " Corwin " and in gaol at Sitka, the sum of 5,000 dollars, dated the 19th Oelobcr, 188(j. (Uarry Norman, by his Attorney), (Signed) J. D. WARREN. October 19, 1886. Witness : (Signed) M. W. TrRwniTT Drake. Victoria, British Columbia. I, James Ogilvie, master of the schooner "Carolina," claim as compensation for my arrest and imprisonment on board tlie United States' steam-ship " Corwin " and in gaol at Sitka, the sum of 5,000 dollars, dated the I'Jth October, 1886. (James Ogilvie, by his Attorney), (Signed) A. J. BECKTIL. October 19, 1886. Witness : (Signed) M. W. Tyrwiiitt Drake. Abstract of Damage.i. Damages as per Dcclar.itiou. Sehnoner '■ Onward." Steam-ship " Thornton." Schooner " Carolina." fiehooner " Favourite." Value of vessel and outfit Waj^es of crew Value of seal-skins on board . . Value of probalile eateh Loss sustained by di'tention, jmra. 5 Legal and otlier expenses .. ,, Loss sustained by order to cense sealing , . Dollars. 5,000 7,500 2,800 21,000 l",(100 1 )ollars. 1 0.000 5,100 2,821 21,000 1,000 Dollars. 7,000 4,500 4,802 21,000 1,000 Dollars. .1,000 For illegal Arrest and Imprisonment. Daniel Munroe, master of " Onward," for indemnity for illeg.al seizure, loss, &e. John Jlurgotieli, male of " Onward," ,, ,, „ Harry Norman, mate of "Thornton," ,, „ ,, James Ogilvie, master of " Carolina," ,, ,, ,, James lilake, mate of " Carol, na," ,, „ „ Hans Outtormsen, uiastT of " Thornton," „ „ „ D.dlars. 8,000 5,000 5.000 5.000 5,000 8,000 No. 29. " Foreign Office to Colonial Office. Sir, Foreign Office, Fcbrunry 14, 1887. I HAVE laid before the Mnnpiis of Salisbury your letter of the 8th instant, forwardiiiL; a copy of a desi)atch, with its inelosures, from tiie Oovernor-tJcncral of Canada, relating to the claims for damages sustained and compLnsation (ieinanded l)y the owners, miisters, and mates of the British schooners "Onward," "Tiiornton," ami "Carolina," which were seized by the United States' Revenue eriiizcr " Corwin " last August, while engaged in seal fishing in Behring's Sea. In re|)ly, I am directed by his Lordship to re(|ucst tli;it you will smr'^est to Sir H. Holland that it might be desirable to defer laying these claims before the Government of the United States mitil Her Majesty's Government have had an opportunity of examining the statement as to the cireumstimces under which tiic seizures took jilace wiiich is referred to in Sir L. West's telegram of the 4th instant, communicated to you on the following day. and ma all conv of lines Tl nearly honour respites allowed detaiiRM ainoiiL; As right of of the unbcco iiidustr the wli be take considt which whetiu iiient i tliat u tiic Se any oi ll a;,'ains| that tl resfrij prohil in At them shootik 45 for my " uiid in IREN. )n for my n gaol at JKTIL. ;i,()oo I am to add that, should this suggestion incct with Sir II. Holland's concurrence, instructions will be sent accordingly to Sir L. West. I am &c. (Signed) JULIAN I'.AUNCEFOTE. 4 No. 30. Sir L. West to the Marquis of Salisbury. — {Received February 15.) My Lord, Wasliimjlnn, Januanj 30, 1887. I HAVE the honour to transmit herewith the Report of the (jovernor of Alaska for the year 1886. I have, &c. (Signed) L. S. SACKVILLE WEST. Inclosure in No. 30. E.tlrucl from the Report of the Governor of Alaska for the Fi.scnl Year 188G. Protection of Fur Seal and Sea Otter. THE capture of one American and tliree Rrilish \ essels while enjiagcd in taking seals in the inland waters of Alaska by the Revenue cuttt,' "Corwin" liiis no doubt been fully reported by her zealous and tneritorions C'oiumnMdcr, Captain C. A. Abi)ey, to the proper Di'partnient, and but for tiie iiiet that the olIiee:s and crews were brought to Sitka, and, together with the captured property, turned over to the United States' Marshal, the subject might not he considered one within the province of this Report. The masters and mates of the several vessels were tried at a sp( cial term of the District Court, and all convicted and sentenced to brief terms (j*' iinprisrnnient, and tiiree of tlieni to payment of fines ranging from 300 dollars to oOO dollars rr.cii. The terms of iinprisoniuent of all save flic ir aster of the American vessel having very nearly expired on the ^!)th Septendier, on tii'j urgent retpiest and rfuoinmendation of the honourable Judge of the District Court bcfo.'o whom the convictions were had, I granted respites in the several cases, save the exception noted, and the jjrisoners were released and allowed to depart for their several homes. They were without means, aiul, had they been detained until the expiration of their sentences, would have become objects of charity among strangers until the sailing of the next monthly steamer. As these seizures have most probably raised an international question involving the right of the United States to exclusive jurisdiction over Ibe waters of the Rehring's Sea north of the Aleutian Islands and east of tiic lU.'?rd meriilian west longitude, it may not be unbecoming in me to suggest that unless that right i:i insisted upon and maintained, an industry whieii I'ow yields a revenue eipial to a fair rate oC interest on the amount paid for the whole of Alaska will not only be (lestro\e(l, but tlie means of livelibond will likewise be taken away from a large nundier of pcojile whom the Government is bound by every consideration of honour and public policy to protect. I can conceive ol' no other plan by which the seal fisheries can be preserved than the one long ago adopted and now in vogue; whether they ought not now to be yielding a very much larger revenue to the Govern- ment is a (piestion to be discussed a year or two hence. It is reasonably certain, however, that unless our Government asserts and maintains the jurisdiction ceded to it by Russia, the Seal Islands will in a very few years be robbed of all present or prospective value to any one. It is just as essential to the preservation of this industry that the seals be jjrotectea against indiscriminate slaughter while on their way to and from their breeding places as that the nuuiber to be taken on the islaiuls should be limited, aiul every necessary restriction imposed as to age, sex, and the mode of kuling. The use of fire-arms is prohibited by law, even to llie natives, in the killing of seal and other fur-bearing animals in Alaskan waters aiul on the islands ii'.crcof, and 't ' -ould be a manifest act of i.ijustice to them to permit either foreign or American vessels to enter and engage in the indiscriminate shooting of such animals in waters over which the United States claims and exercises i 40 exclusive jurisdiction and control. Unless our rii^lit to such jurisdiction ho waive! or iiliiuidoncd, seals once in liellrin^''s .Sea are ;is iiiucli the property of the United Htiites an llie islands tlieniselves, and shouhl l)C no less zcah)usly u;uarded than are the Newfound- land cod hanks hv the Dominion of Canada. Unless so tiuarded, (diartcred riglits will not only he impaired, hut a source of large and perpetual revenue to the Uovernrneat utterly destroyed. liut there are other than selfish reasons why th'! United States should insist upon its right to exclusive jurisdiction over tiie waters of I'ehrinii's Sea as far west as the houndary line described in the Treaty of Ues.ion. The princijial occupation ol' tiie inlialiitants, some 10,001) or I'J.OnO in nuiidier, of the islands therein and adjacent thereto, is sea-otter huMiing, an occu'.ia'iou wliieh will he completely destroyed if its waters are thrown open to all who choose to enter. It is manifestly the duty of the (iovcrninent to protect these people in the enjovnient of riirhts which to them aie inherent ; an ahandonment of the jurisdiction claimed hy ns would be practically asscntina; that the peoi>lc in (piestioii may he driven (rom their homes and the em|iloyment by which they mid their lathers for generations remote have obtained a livelihood. Transportation Facilities needed. In the forcgoini; connection I desire to call attention to the imperative necessity which exists for sinne nu ans of lraiis|i()rtation for the oflieials of the Civil (Jovernment to and from the diil'crent parts of the Territory, in the present condition of affairs the .Marshal can oidy r.acli a very f i w points to serve the processes of the Court, and in each and every case must underi;o lui enforced absence of at least a montii. The civil oliicials arc cliarircd with the responsibility of enforcing the laws, and yet are not furnished with the means absolutely necessary to enable them to do so. The authorities at \Vashini;ton do not seetn to realize the fact that there are no wa',;i[;on or other roads in Alaska, and that all travel mn-c ncce-sarily he hy water. Crimes arc reported from the various ])laces of setlleniLnt, hut the executive olliccis have no available means of goinj,' from place to place to make arrests and enforce the laws. .Smui,'i,'lini; is carried on, distilled spirits are heiu!,' surreptitiously im])()rted into the Territory m spite ol the deci>ion of the District Coiut, thousands of dollars' wrrtli of diJtialde merchandize is imported across the border from British CoUunbia, and we arc powerless to prevent any of these things. If a sprightly Revenue cutter could be stationed here with orders to cruize in the iidand waters of South-eastern .Maska, and give aid to the Civil (Jovernment, hy carrying its olHcers to points necessary to he visited by them on ofHcial husincsr;, bringing witnesses and jurors, &c., I am reasonably certain the lawlessness now so prevalent could be broken up, the (fovcrnnicnt's revenues secured, the laws enforced, and life and property rights fully protected. Until something is done in tliis direction to enahle the otticials to perform their duties, civil goveinment in Alaska will be little better than a ridiculous farce. The following letter, addressed to me by the District Attorney, fully explains the necessity of the c:ise, and how it may he provided for without detriment, but rather to the advantage of the ixcvenue Marine Service : — " (District of Alaska, District Attorney's Oflice.) " Sir, " Sitha, September 20, 18P(). " As the official charged with the institution of the initiatory judicial proceedings against parties becoming liable to answer for breach of the laws in this district, I desire to ciill your attention to a most serious want in the facilities necessary to enahle the ollicers of the Court to perforin their duty efl'ectively. \\'c are, as matters now stand, entirely dependent on the line of monthly niail-steamers from I'ort Townseiid, W'asliiiiglon, to Sitka, for any certain or regular nicaiis of getting to or from other places in the district, being thus not only liiiiitid in communication to three or four other Settlements, but also forced to an absence from Sitka of not less than one and possibly two mouths in any event in which it becomes necessary to visit them. IJcsides this, there are many SetlL inenis where im|ioitant business enterprises arc located needing protection, which we are not able to visit al all. "At one of these, Newcbuk, some .'iOO or 100 miUs up the coast to the west, a trader was brutally murdered hy Indians last December. Valuable mineral discoveries have just been made in that section which it is proposed very soon to develop, and there arc large lishing cstablislinients near and trading posts from which appeals have been sent to such oliicials as could he reached, to have the case impiircd into and the offenders punished. the it on I from he sugsH Kadi ol th exist vital ouu pro laeil CUtti mar: esse not arm ■aivcl or States (IS ewfDiinil' s will not lit utterly upop. its hoiiiidiiry iiiiliitaiits, iie;\-iittcr own opt'll )tL'ct these III of the ■~lii)ii may ithcrs for 47 The furls in I his riisp ore undoiihtcd, ami action liy the authorities most essential to the inteie'-ls and piiitcctiim of all rc>ion, this marine guard sboidd be removed fron\ this building in which the C(mrts are held, and the whole of which is needed liir the aeeonnno- dation of the Civil Covcrmnent. Jiut the truth is, this marine guard has no duty to perform here in Sitka, save that of guarding the lew supplies necessary to its own subsis- tence. Prior to the institution of civil government the naval commander of the station was, to all intents and purposes, the executive officer of the Territory, and all vessels stationed here were of a rate which entitled tbein to a marine guard. ( )ne-half of this guard was sent ashore to ])erform police duty, the olticer in cominand exercising the functions of a police magistrate. ^Vilh a view to the continuance of this system, the " Pinta " W!\s sent here and furnished with a marine guard of twenty-tive men, under comiiiaMd of a Second Lieutenant, all of whom were sent ashore, the Commiindant and privates perforiiiing the police duties mentioned from the date of her ariival, on the 17th August, li^^^l, till the 1 Itli Seplendjer following, when the newly-created Civil (iovermneiit was inaugurated. Since that time the guard has had no local duties whatever to [jcrform, and has practically heen as useless as would be the fifth wheel to a waggon. In this view of the ease, I submit if room occui)ied by it, and which is urgently required for the use of the Civil Govermnent, ought not to be vacated, and the guard itself transferred to the only point in the 'J'erritory where an emergency reijuiring the services of an arnied force is likely to arise. 'J'liere arc buildings at Juneau belonging to the Navy Dc))artnient huge enough for the accommodation of a force twice its size, and I respect- fully urge that the Senior Officer be ordered to make the ira.isfer without unnecessary delay. Sir, "10 " Sir, have ' niamii their or just i 4 the Ri beariii they w so to propel have Com II their \ Icgiti 49 'lirrp is no at Sitka, a lorci! at liiivi! cvi.'ry ir, if it liad miioii with ISC. ho Chinese' s wiu) havi; t'di'ci' woiihl tllis |)l)illt, uic, I may 'I'hc iiativo mciit which II (if a iiiiii- ICVdllll tiic lirii|iriclv of uglit to 'tin: L' siigircsted, ;r(^ on slioru 1 into otiicr IDWM as till.' .'lit orciiiiicd, fv aitiiiiotlui' )i;!', wiiuii a i)f llic (h'lini, lation of tlic [■ali'uiiiti.'d to iitiniis. l'"«r vn\ from this he accnmmo- i no (hity to s own subsis- 2 btation was, seis stationed lis ;;uar(l was unctions of a cnt hcic and id Licntcnant, police duties th Septcnihtr lue that time een as useless h is urgently le guard itself he services of J to the Navy nd 1 rcspect- ,t unnecessary Sir, No. 31. Coloiiiiil ()'!Uc lo Forrifjn ()Jfin\—{Recrlicil I'Hruiinj 28.) J)oiniiiiij Slrrel, FcliiKiinj 20, 18i^7. 1 AM directed by Secretary Sir H. Holland to aekiio\vledi,'e tiie receiiit of your letter of the Mtii instant, and lo state that le eoiieurs in tlie Mar(|iiis of Sidishury's projiosal to defer, teinpoiarily, presenlini; to the United States the claim.', to compensation advanced by the (joveniment of Ciiuida in rojiect of sailing-vessels recently seized in lk'hrini,''s I am, &c. (Signed) JOIIX r.lU.MSTOX. No. 32. Sir I.. H'rsl lo llie Miirtjuis of lisaliiLunj. — (Received Marrh 31.) My Lord, WaMmjInn, Mtrch 18, 1887. I Il.WK the honour to inclose to your Lordship herewith copies of a letter addressed to the {'resident hy a firm in San l''raneisco, engaged in the seal tishery in I?elirin'.''s Sea, complaiiiiiii; of the |irelensi(in of the Ala-ka Seal Company to exclusive jurisdiction over waters :^,obo miles lon^' and 2,7(10 miles wide, and setting forth the grievances resulting therefrom. Allusion is made to the case of the Ainciiran vessel " Ocean Spray," which went to the L--land ol'St. I'aiii in lf57() and was ;eized lor killiiif; seals, and to the decision of the .Indue of the Circuit Court of Oregon, to the effect that the vessel had not violated the Act of Congress, 'llie Treasury Cireulai of 1m7"2 is also cited as proving ihat American vessels had the right to enter Ik'hr'iig's Sea, from which the Company sought to exclude them. I have, &c. I (Sigticd) L. S. SACKVILLH WEST. Inclosure in No. 32. Exlrucl from the " Xew Yorl< Herald" of March 17. 1S87. (From our regular Correspondent.) " Iltrnld " Ihtrfaii, Corner Fifteenth and (1 Streets, A'. n% W(ishin(jtun, Marrh 10, 1S87. TllK following letter, addressed to the President, has just been received: — " 32, Clin/ Street, San /•'/(oif/.-ro, California, "March '2, 18iS7. "To his Hxc;ilency (liover Cleveland, President of liic United States: "Sir, "Some lespeetahle husine-s ir.c:i of the Pacitic coast, owners of American vessels, .have recently been a>sailed thn)iiL,'h tlie eolmims of the public press in a semi-official ■ manner as ' nianiuders ' :;iid 'pirates' on the ocean, their projierty seized and forfeiteil, "their business jeopardizv'd, and their sea ventures utterly destroyed, without any reasonable or justifiable e.\eiisi or cause. "The laetcnded cause is, :iii(l it is so asserted, that they have violaterl section 1,'J56 of the Revised Statutes of the United States, which forbids the killing of fur-seals or fur- bearing animals ' within ' the waters of Alaska Territory, ignoring the tiict whether or not they were actually engaged in the killing of seals on the high seas or had made preparations so to do (lut^ide of the waters of .Alaska Tenitory, On mere suspicion, they and their property have i)cen remorselcs-ly seized in (he name of the I'nitcd States hy ollieials who liave been engaged for the jiast many months in sounding the praises of the .Alaska Commercial Company throughout the land, and adding lo their usurjiations by vilifying : j their victims. M " The time seems to have come when the great interests involved in the I'rcn and imate shiijpiiig ventures of the merchant marine of the nation demand that official ; Icgitiii [128] I[ ao inquiry be made into the arbitrary conduct of Government officials in Beiiriiii^'s Soa, in connection with the usurpation of a Company at whose instance these arbitrary acts are committed. " Tills Company, one of the most stupendous ori?anizations that evtu- existed in this country, and the peer of llie East India and Hudson J5ay Companies, was incorporated many years ago under the laws of the State of California as tiie Alaslca Connnercial Company. " Gralihliig llir Ocntn. "It has taken possession of and assumed sovc>rei,;;ii power over the mn^t viilualilc fisheries of the whole United Slates, namely, tiie Alaska fisiieries in Behrin,i;'s Sea, and without shadow of riij;ht or authority, except a le;ise from tlie IJniicd States, dated the 3rd August, |s70, permittin!^ it to kill l()0,()()0 seals ainiualiy upon two small islands in Hehrinu;'s Sea, at a rent of 55,000 dollars ])er annum, &e., has taken possession and control, not oniy of the Territory, hut also of a vast .sea o.ODO miles Ion;; hy L',700 miles widi-, has made itself the Suzerain of the Government, and im|)res3ed into its service the olficers and agents of the Government to maintain its possession and control of this immense territory and sea. "Alexander the Great was not a robber, altliouu'h he absorbed kingdoms, and the Alaska Commercial Company is not a ' pirate,' altliouuh it has absorbed Alaska and an ocean. " It has established exclusive trailing posts at all tlic available stations in that immense territory, on the coast, along the rivei's, and upon the islands ol Behriiig's Sea. It exercises absolute dominion over the natives, and holds thetn in a state; of i)raetical bondage. It has exterminated the seals on certain islands to prevent them from falling into the hands of other traders. Its agents have, in violation of law, defaced the silver coin of the United States with a stamp for purposes of trade, and refuse to accept any other when tendered by the natives for the pureliase of the necessaries of life. It has extcii-'ed its dominii)n into Russian territory to the restriction and detriment of trade upon the whole of Hehring's Sea north of latitude j.'T, and bv an extension of jurisdiction, miknown to modern law, has procured the seizure of vessels fishing in Russian waters, upon the assmiiption of eneroaehment u|)on its privileges granted by ihe United States under the lease to tisli on the Islands of St. Paul and St. George in Alaska. " Criiiif.'i ti(/iiiitsl llic Nation. " It has designedly violati/d the conditions of its lease by the failure to take oil from the; carcasses of the seals killed, to the diunagc and loss to the Ciovermnent of hundreds ol thousands of dollars, hy throwing away millions of carcasses of seals without extracting the oil, the lease haviirg hecn obtained upon an ai;reemeiit to pay the {i.ivci'nmcnt '.'i.'j cents |)er gallon for oil ohtaincd from said seals' killed by it on the leased i>lau(l-. Its agents use the United States' Revenue cutters as a mcaiis of tran^p:a■tatiou, for private; benefit; consult with and intliienee their oliicers, to the detriment of Auuriean vessels in the waters of Behring's Sea: it aids and abets liie Indians of <)nn:da-ka to kill by shooting from the shore, contrary to law, young seals and cows ; obtains the skins and sells the salted carcasses hack to the Indians; it refuses to aid .\merieau vessels in distress, by refnsmg to sell them |)rovisions; it has tor its paid agents otlieers or employes of the (jovernmeut Vifliose duty to the Govermnent is overshadowed by the instructions ol' and for the benefit of the (.'oinjiany ; it sills to the natives at high prices large (pianlities of condennied and worthless tobacco in violation of the internal revenue laws ; it employs and p;.ys attorneys to prosecute (Jovcrmnent eases where American eiti/.ens are fdselyaud unjustly ace i.-^ed of crime, and, in order to maintain its supremacy over Alaska and the whole of Rehring's Sea, it now seeks, by infamous prosecutions, to ]uevent .American eiti/.i'us from even traversing and tisliing upon the high seas, under the ahsiu'd pretence that t he waters of the whole of Hehrin,';'s Sea are adjacent to the Islands of St. I'aul and St. (Jeorge,aiul claims to be nu''es'"(l and disturbed in their lease of said islands hy lishing-vessels luindrcds of miles away .. 1 heyond the boundaries of the United States. " Monstrous Clniins, "This Company claims that the waters of liehring's Sea are within 'he limits of ' ' -R,i, and |)rocures the seizure, through subsei vient Governuunt ollice •; , of evei'y vessel that dares to traverse those wnlcrs, or is found anywhere therein on a Sv'el-huntiiig vovage, .. , 51 " It is imirmtcrial to it whether vessels are found in the nctuni killing of seals or where the seals have been killed ; the mere preF-ULf of the vessels in Belirini,''s Hea, seems juffieicnt evidence to justifv tli^ir seizure in any part of those waters. " In the case of the ' (Jecun Spray,' vvhicii went to the Island of St. Paul in 1870, the very str^nithold of this Com; any, provided with all the appliances for killing seals and was seized. Judge Deady, rf the United States' District Court of Oregon, a man of uncpicstiouahle learninir and of high judicial and personal character, held (in 4 Saw., 10.")) that all lliese preparations, even if an intent could ho shown, were not a violation of the Act of (onurres-:. This is tlu! only reported adjudicated case, and the strongest the Company could havf. " 'I'liis ves.-el delilierntely ])roeceded to, and landed its crew at, the Island of St. Paul, vet the Court hiid that there was no od'enec ; iuid when we cunsidci- that our vessel has !)een seized going to and returning from Russian waters, hundreds of milts distant li'on> St. Paul and St. (Jeors:e Islands, and forfeited, and its master and crew im])iisone(l, v.c are left to conjecture that tiie waters adjaeeut to the leased isl.nids might be stretched to include the wholi! of the Pacific and Atlantic Oceans, and that the power and rule of this Coni])anv extends I'rom these islands to the city of Washington. " .As early as 1S72 the Company a|)pealed to the (iovcrnment to have a Revenue cutter stationed at Onniniak Pass, in the Aleutian group, the only safe entrance to Heiuinir's Sea. to prevent Au.erican vessels from jiassing into thai: sea ; but the Secretary of the Treasury, the Hon. (ieoriie S. Uoulwell, refused, upon the legal ground that vessels had a jight to go there ii they did not kill seals within a marine league of the shore. " 'ri'.(> .Act of Congress eoweiful seems to he the aimexing of Siberia to the lease, and the f ransportint; of these so-called pirates to its penal mines. The same IImmjiv ol' ' adjacenr\ ' would eeilainly a|>ply. "Thnnigh this policy of (iovcrnment officer.-, permitting this Company to extend its powers under the K'asc. the (iovcrnment will snrelv lose in the end perhaps the greatest and most profitable industry in the world, naaiely, the seal fisheries of Alaska. "The fishery cpiestion now agitating the New I'.'ngland States, and the interests involved there, are a mere ha:;atelle to those nited States in this behalf are contained in the Revised Statutes relating to Alaska in sections l!)i)lj.l'.)7l, and have been in three for n|)wards of seventeen years, and prior to the seizures of last sunnner but a single infraction is known to have occurred, and that was prom])tly punished. The (juestion of instructions to (iovernnient vessels in regard to preventing the indiscrinnnate killing (,f fur-seals is now being considcicd, and 1 will inl'onn you at the earliest day possible wdiat has been decided, so that British and other vessels visiting the waters in question can govern themselves accordingly. UJ6 : v.; ^ ^ have, &c. (Signed) T. F. BAYARD. 05 Annex. .) 1887. liavc tlio ■tl to tlu; (Is of the M'li were itioii, and y officials c vessels A i;ST. Chaptkr tit. Proiisionf veltiiiiiij to the l/nnrynnizi'd Ti'rrilnn/ of Altifkd. Scciicin. 1!).')1. (.'list ms, &c.. Laws ixti'iidccl ti) Aliiska. 111.;.'). Iiijpmtalion ul l-'irn-aiiiii and Distillcil Spii-its may bo [iio'.iibiti'd, I'.l-ifi. Killinir iif I^'iir-licarin^' ATiiinal- |ir(>)iiliiti'(l. \\)!il. VVliat Cdurts to have jiiri>(lictii)n oT oircnces. I'jJiS. Uciiii^siou of I''im's, t\K. 1".).)'.'. Saint I'aid and Haint Gcc)ri;(' I-lands decliiicMl S]v'fial Uesi rvatluns. I'tro, Killin:; sel (le|)ailing from any jiort in the I'Mited Sli'.tis having on boiinl fire-arms, timmiinition, or dislilled spirits, when such vessel is destiiunl to any piaee in the Territory, or if not so destined, when there is veasoiiable ground of suspicion that such ailicles are intended to bo landed therein in violation ol law; !ind siniiltir bonds may also be re(|uire(l on the landing of any such articles in the Territory lioni the peisoii to whom the same may be consigned. See. ll)')ti. Xo person si'.ail kill any otter, nnnk, marten, sable, or fur-seal, or other fur-hearing aniu.al within thelimits of Alaska 'IViritory, or in the waters thereiif; and i very person iziiilty thiriof shall, for each oU'encc, be lined not less than 1^00 nor more thiui 1,I)(I0 dollais, or impiisoncd not more than six months, or both ; and idl vessels, their tackle, apparel, lurnitm-e, and cargo, found engaged in violation of this section sh ill be forli'iteil ; but the Secretary of the 'J'reasiiry shall have juwer to authorize the killing of iiiiy such mink, marten, siibie, or otiur lur-lnaiinn iiuimal, except, liir-seals, muler such regulations as he may prescribe; and it shall be the duty ol the Seeietary to prevent the i.i'l'ng of any Inr-scul, and to provitle for the execution of the provisions of this section cAtendeil to Alaska. 27 Jul}-. 1808,0. 27S, .^ I. V. 1,-1, i>. 240. Intpoita'ion and \m of tire arms -ind diHtilltMl spirits may W- iirohiliitcd. ■11 .Fiilv, ISliS, e. 273, -. A, \'\:,, p. 211. Killiii:; ut fiir-bcarinjr nuilnuli* pr^liihltcd, 27 Jiilv, ISOS, c. 273, «, 0. V. I.l, p. 21(3. m What Courts have juriBcliclinn of offencfB. 27 July, 186S, c 27.1, 8. 7, V. 16, p. '.Ml, 1 Julv, 1870,1-. l!ouei' of remission conferred upon him by that Act, as fully as he might have done iiad such laets been ascertained under and according to the provisions of tliat Act. Sec. 1959. 'J he Islands of Saint I'aul and Saint (jeorgc, in Alaska, are declared a special reservation lor (jovermnent purposes; and until otherwise provided by law it shall be imlawful for any person to land or remain on either of those islands, except by the authority of the Secretary of the Treasury ; and any jieison found on either of those islands contrary to the provisions hereof shall be summarily removed ; and it shall he the duty of the Secretary of War to carry this section into cfl'cct. Sec. 19(!0. It shall be unlawful to kill any fur-seal upon the Islands of Saint I'aul and Saint George, or in the waters adjacent thereto, except during the months of .lune, July, September, and October in each year; and it shall be unlawful to kill such seals at any lime by the use of tire-arms, or by other means tending to drive the seals away from those islands; but the natives of the islands shall have the |)rivilege of killing such young seals as may be iiecissary for their own food and clothing diiring other months, and also such old seals as may be required for their own clothing, and for the inanul'acture of boats fijr their own use; and the killing in such cases shall be limitrid and con- trolled by such regulations as maybe prescribed by the Seca-tary of the Treasury. Sec. 19fil. It shall be unlawful lo 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 he unlawful to kill any seal in ihe waters adjacent to the Islands of Saint I'aul and Saint (jeorge, or on the beaches, cliffs, or rocks where they haul up from the sea to remain ; and every person who violates the ))rovisions of this or the [ireceding section shall be punished for each offence by a line of not not less than '100 dollars, nor more than 1,000 dollars, or by imprisonment not more than six months, or by both such tine and imprisonment; and all vessels, their tackle, apparel, antl furniture, whose crews are found engaged in the violation of either this or the preceding scc'.ion, shall be forfeited to the United States. Sec, l!)lV_*. I'or the perioil of twenty years from the 1st July, 1870, the number of fur-seals which may be killed for their skins U[)on the Island of Saint Paid is limited to 75,000 per annum; and the number of fur-seals which may he kilknl for their skips upon the Island of Saint (icorge is limited to 'J5,000 per annum ; hut the Secretiiry of the Treasury may limit the right of killing, if it heconu^s necessary for the preservation of such seals, with such I)roportionate reduction of the rent.' reserved to the Government as may be proper; and every ])erson who knowingly violates either of the provisions of this section shall be punished as provided in the preceding section. 57 Sec. l!)63. When tlu; least- luirctofore made by the Secretary of the Ticnsmy to "The Alaska Coiiiiiioix'ial ('oinpaiiy," of the right to engage in tiiliins; hir-scais on tlic Fslaiuls of !>aint I'aiil and Saint Goorgc, pursuant to till' Act of the 1st July, chapter 180, or when any future similar lcas(! expires, or is ^uircndercd, forfeited, or terminated, the Secretary shall lease to jiropcr and responsible parties, for the best advantage of the IJnited States, having due regard to the interests of the (Jovcrnnient, the native inhabitants, their comfort, maintenance, and education, as well as to the interests of the parties lieretofore engaged in trade and the ])roteclion of tlie fisheries, the rif^ht of takii'jj fur-seals on the islands herein named, and of sending a vessel or vessels to the islands for the skins of such seals, for the term of twenty years, at an annual rental of not less than 5(),()()0 dollars, to be reserved in such lease and secured by a deposit of United States' bonds to that aoiouiit ; and every such lease shall be duly executed in duplicate, and shall not be transferable. Sec. 19U4. 'J'lie Secretary of the 'J'reasiiry shall take from the lessees of such islands in all cases a bond, with securities, in a sum not less than 500,000 dollars, conditioned fur the faithful observance of all the laws and requirements of Congress, and tlic Regulations of the Secretary ol th(^ Treasury, touching the takini: of i'ur-seals and the dis[)osingof the same, and lor the payment of all taxes and dues accruing to the United States connceted therewith. Sec. lOGT). No persons other than American citizens shall be permitted, by lease or otherwise, to occupy the Islands of Saint I'aul and Saint George, or either of them, for the purpose nf taking the skins of lur-scals therefrom, nor shall any foreign vessels be engaged in taking such skins; and the Secretary of the Trea:iury shall vacate and declari' any lease forl'eited if the same be held or operated for the use, bcnetit, or advantage, directly or indirectly, of any persons other than American citizens. Sec. Willi}. Every lease shall contain a covenant on the part of the lessee that he will not keep, sell, furnish, give, or dispose oi' any distilled spirits or spirituous litpiors on either of (hose islands to any of the natives thereof, such person not being a physician and furnishing the same for use as medicine; and every Revenue officer, oflicially acting as such, on either ui' the islands, shall seize and destroy any distilled or spirituous li((uors found thereon; but such officer shall make detailed Reports of h's doings in that matter to the Collector of the |)ort. Sec. 1967. Every person who kills any fur-seal on cither of those islands, or ill the Waters adjacent thereto, without autlu^rity of the lessees thereof, and rveiy person who molests, distuib«, or interferes with the lessees, or either of them, or their agents or employes, in the lawful prosecution of their business, under the provisions of this chapter, shall for each tilTence be punished as l)rescribed in section lUfil ; and al! vcssi'ls, their tackle, ajiparel, api)urtenances, and cargo, who crews arc found engaged in any violation of the provisions of sections 1965 to 1968, inclusive, shall be forfeited to the United States. Sec. 19G3. If any jjcrson or romjjany, under any lease herein authorized, knowingly kill?, or permits to be killed, any nundier of seals exceeding the n\iinher for each island in this chapter prescribed, such person or Company shall, in addition to the penalties and forfeitures herein provided, forfeit the whole nundjcr of the skins of seals killed in that year, or, in case the same have been disposed of, then such person or Company shall forfeit the value of the same. Sec. 1969. in addition fo the aimual rci'.tal recpiircd to be reserved in every lease, as provided in section 196.'!, a reveime tax or duty of 2 dollars is laid upon each fur-seal skin taken and shipped f'rom the Islands of Saint Paul and Saint (jeorge, during the continuance of any lease, to be paid into the Treasury of the United States; and tiie Secretary of the Treasury is empowered to make all niedful regulations for the eolk'ction and payment of the same, and to secure the cmnfbrt, maintenance, cduealion, and protection of the natives of those islands, and also to carry into lull effect all the jirovisions of this chapter except as other- wise prescribed. Sec. 1970. '{"be Secretary of the Treasury may terminate any lease given to any person, C'omi)auy, or Corporation on full and satisfactory proof of the violation of any of the provisions of thi : chapter or the regulations established by him. [128J I Right to take seal may be Icaaed. 1 July, 1870, c. 189, aa. 4, 6, and 6, t. IS, p|i. 180, 181. Bond. 1 Julv, 1870, c. 189, H. 4, V, 18, 1). 180. W ho may leais. 1 July, 1B7II, c. 189, 8. 5, T. It, p. 181. Covenanta ia lease. IJtily, 1870, e. 189, a. 0, T. 16, p. 181. Penalty. 1 July, 1870, c. 189. H. B, V. 10, p. 181. Penalty upon leaaeea. 1 July, 1870, c. 189, ». .-i, T. 10, p. 181, Tax upon eo.il-skina. 1 July, 1870,0.189, a. 0, V. 10, p. 181. Loaao may be lerml- Utttcd. 1 July, 1870, c. 189, s. I), T. 1(1, p. IWi. 08 l.oSf'P''^ to fiirnisli i-opioH to iiiimtvrii of tlioir v^.■'i.^^'lh, 1 Julv, IS'O, ,-. li.li, H. 4, V. 1(1, p. |! :ui(l talio testimoiiv. CM.iroIi. I;-T-J, c s. 3, V. i", p. 35. m, Sec. l'J71. Till' lessees sliall (nniisii U, tlic si'vi'ial masters of vessels employed by tiiciii cei'lified coiiies olllie leiisc held hy tlu-in I'esptetively, wiiicli sliall lie iii'usenleil to tlie (ioveninieia lievemie oliieei- lor llie tiiiii! iieiiif; wlio may lie ill charge at the islands as tliu authority ol'lhe party (or liiiidiiig niid taking siiins. See. 1!)72. (AJiigrei-s iiwiy at any time lu'reafter alter, amend, or repeal sections from 19U0 to 11)71, hoth inclusive, of this ciiapter. Sec. 11)73. Tiie Secretary of tiie Treasury is authorized to a|i|H>iiit one Agent and three Assistant Agents, who sliall he eliai;;cd with the niaiiagement of the seal lisheries in Alaska, iiiid the ])ei'formaiice of such fitlier duties as may be assigned to them by the Secretary of the Treasury. Sec. 1974. The Agent shall receive the sum ol 10 dollars each day, one Assistant Agent the sum of H dollars each day, and two .\ssistant Agents the sum of (! dollars each day while so employed; and they shall also be allowed their necessary travelling expenses in going to and retuining from Alaska, for which expenses vouchers shall be presented to the proper accounting officers of the Treasury, and such cx]ieiises shidl not exceed in the iiggregate GOO dollars each in any one year. See. lliT;"). Such Agents shall never be interested, directly or indirectly, in any lease of the right to take .seals, nor in any [iroeeeds or profits thereof, either as (iwiier, agent, [lartner, or otherwise. Sec. 1076. Such Agents are cni|)()wered to administer oaths in all cases relating to the serviett of the I'liitcd Stales, and to take testimony in Alaska for the use of the Ooverniiieiit in ;.iiy matter eoneerniiig the public rt'Veiuies. No. ;18. sir L. West to llio Mnniiils of Sdli.yhiiri/. — (Received May 17.) My Lord. WaMmjlou, Mini 0, IS^-'J. WITH refeienei; to my despatch of the L'ml .Vjiril last, J have the honour to inform your Ltirdship lliat the case of the ouners of tlie American ships seixed for sealing in Beliring Sea against the Cajnain of the United States' cruizer '■ (jorwiir' has been postponed until the CJovernment is prepared for the ilefences. J have, &c. (Signed) L. S. SACKVILLE WEST. No. ;];). Sir L. West to the Marquis of Salisbury. — (Received June 10.) My Lord, Washimjlon, May 30, 1S87. 1 1IA\'I'] the lioiuiur to inclose to your Lord.slii]) herewith a .statement which has appeared in the New York "Times," showing that tlie United States' (iovcrnment persistently eoiiiiiafed the pretension of Russia to absolute dominion over the Kamsclialkan and Hehring- Seas previous to the eessitni of Alaska. I have, &c. (Signed) L. S. SACK VILLI'] WLST. Inclosure in No. 39. Ejlrnrl from tlie AVw Yorl( " Times " of May 2!), 1887. Not a ]iANur/K'Ki;i) Ska. — ItKi.icA.sr; oi' rjii', BuiTisn Skalkks .n'STrFri:i). — The so-ealled controversy with res]iect to the Alaskan seal lisheries and Anieriean lights to exclusi\e jurisdiction over the waters of Mehring Sea has reecntly been made ilie subject of more misrepresentation to the stpiare inch than almost any other pending 89 iidirectlv, in ,]•: WliST. loliic of jmlilii' (lisciissidii. It luis lieoii rt'|)i'.'stMih'(l tliiit :iti t,'liil)oriitc ('onleroiico on tliis (|iU'stioii is now in ])i'oj;ross licl.^vcen tlic Slide i)e|iarliiu'nt ami (iir I'liitivii Miiii-^lcr in \\'ii>)iiML;ton. .Mr. Freilcrick W. Scwanl a|(|)eiii'.-i to htiw inil»ilMMl this iinijrcSHion, anrifisii sealing; vc-ssels captured hy an Aniericiin Kevcntie enltcr more tlian miles fr'im shore in Relirinj;: Sea tli;il action had (he elfcct of a jiardon, anil cjnued all discussion as to the len'alily of the eai)(ures. |'>iil there are some historical facts in connection with the fpieslion which will ]}roliahly siir;i>;esi an exceedingly stronjj inference. Mr. Henry \V. Elliott, ot tlie Smithsonian Institution, who is stated to have passed several seasons in the islands of the Behrins Sea, and to he one of the hest-inforniod men in the United States on the siihject of jurisdiction over the waters of tliat •'landlocked sea," as he calls it, has recently contributed to the ])revailinf; wron;;- imine-sions two important stal(^nients, which are in dire(^t conllict with ollicial records easily acci'ssihle. This whole ipiestion has so ini])ortant a hearin;; n)ion onr present controversy with tiroat Britain on the suhjecl of the Canadian fisheries and the ri;;ht claimed 1)\ our Canadian neighhonrs to ham-per the deep-sea fisheries of the United States that, it is worthy of close examination. Mr. Elliott takes substantially this ])osition : — 1. That when the lOmjieror of Uii-sia, by tlu' Ukase of 1S12], declared the absolute dominion of t)ie I'nssian Crown over all l{nssian American territory and sens and bays, inchidiuKthe Kanischatkan or Hehring Sea, no protest was made aiiainst this assertion of authority by I'ussin, and none has ever been nutde since by any civiliv^ed I'owcr until last year. 2. 'I'hat the claim made by the United Statesabout this period related to the .North Pacific Ocean onlv, and that the United States never, in all the correspondence between the vears 1S22 and 1S21, made the sli;rhtest reference to or asked for anv ri'^lits or privili ^cs in the Behrin;;' Sea. What are the facts r A translation of the Ukase of l.~^21 is published in •■ I^riti.sl an( IF.; State Papers." vol. ix. p. 172. rt(listinctly sets out that -'the pur 1 suits of commerce, whaliui,^, and fishery, and of all other industry on all islaiuls. ports, and gulfs, iucludinii' the whole of tlie north-west coast of America, beginning from llehring Strait (the northern boimdary of Behring Sea) to the fdst degree of northern latitude, also from the Alculian Isl.-inds to the eastern coast of Siberia, as well as along the Knrile Islands, from Behring Strait to the south cape of the Islaiul of Uinp, is exclusively granted to llussian subjects," and foreign vessels are interdicteil from approaching within loO Italian miles of the coasts and islands i-imed under ])enalty of confiscation. IVIIi; this Ukase before him. .lobn (^)iiincy Adams, Secretary of State, lui the 25th ry, 1S22, wrote to M. Poletica, the Itussian .^^iuister, as follows (the letter is pnnted ui the same \ of Stale Papers, p. 4S:J) : •• I am directed by the President ;)f the United Stales to inform you that he has seen with surprise in this Edict tin assertion of a territorial claim on the part of Russia, extending to the .71 si dei;ree of north latitudes on this contiuent, and a liegulation interdicting to all commercial vessels other than linssian, upon the ])enalty of sei/nre and conliscation. the apjjroach upon the hi'di ithin 100 Italian miles of the shores If th. inn is ma de t,: .Mr. .Adams adds: '• To exclude the vessels of our citizens from the shores be 'I''.'' the dinary distance to which the terrilorial jurisdiction extei irprise," and lie clo.ses iiy asking an 'Xi)lanalion. las ex(.'ited .still greater M. Poletica replied, mi the 2>^th i''ebrnary, 1822 (]). 4S7) : -Tlie h'ussian |)ossessions the Pacific Ocean extend on tli rth-wcst coast of ..America Be! iriiig Strait to the •'list degree of north latitude and on the op])osite side of .Asia to the islands adjacent from the same strait to the U^th di'gree. The extent of sea of 'Abich these possi.'ssious form the limit com])reheuds all the coudilions wbi(di are ordinarily atlached to shut seas (•niers fernu'es'). imd the Pussjau (lovernment might C(nise(|iieiitly judge itself antborized to exercise n[i(ni this sea the right of sov(-reignly, and specially thai of ilire! V interdictmi; 11 le entram: ot lori'igners. i?t:l II (ifelerred only asserting its essentia! rights without taking any advantage of localitir It is interesting to look at the .Map and see what the Itiist-ian claim really was. Latitude north oU takes in the southern boundary of tiie Aleutian Islands to the Sea of Okhotsk. Mr. .\dams. in his reply to -M. Poletica (same volume, p. l^S). says; ■•With regard to the suggestion that the Piissian (Jovernmeiil might have justitied the exercise ot sovereign tv over the Pacilic t^cea'i lose ,sea because it claims lerrit( til on the .\meric.'iu iiiid .\siatic slmres, if mav sullice to say that the distanci shore to shore on Ibis in lalitude .'i\ north is not less than i)0' hull 1.281 60 or 4,000 miles." He ends by snjiii^ tlic PiosidtMil is persuaded llic citizens of the United States will remain uninolestcil in their lawt'iil commerce, and that no edect will be given to an interdiction mnnit'cstly incompatible with their rights. This controversy was ended hetween the United Slates anil Itussia liy a Convention signed at St. Peters- burgh on the 17th Aiiril, ISl'1, in which it was .'iiireed lliat in no part of the great ocean, commonly called the I'acilie Ocean or South Sea, should the respective citizens or sid)jects of the Jiigh Contraetiiig Powers he ili.sturhed or restrained, either in navigation or fishing, or resorting to the coast lor the purpose of trading with the natives. (!reat Britain concluded a similar Treaty in IH2.5. 'I'iiis 'i'reaty of 1H24 remained substantially in i'orce until liie cession of Alaska to the United States by l{ussia. The claim that Mehring Sea is a "landlocked sea" with a "firm line pelagic boundary," advanced by Mr. Elliott, is manifestly absurd, in view of the fact that it is about 900 miles from the Aleutian Islands to the Asiatic coa>t of Uussia. Ikit, even assuming that it could have been treated as a land-locked sea at the time of the Ukase of 1821 by virtue of the possession by one Power of land on both sides, that condition ceased when KuHsia parted with her territory on one side, Just as (ireat IJritain was obliged to abandon her claim to teiritorial jurisdiction over the iJay of Fiindy because the United States owned simply a headland on the other side from her ijossessions. The Sea of < )khotsk is one of tlie seas distinctly referred to in the Ukase of 1821, which called out Adams' protest. I'p to 1808, when Itussia sold the Kurile Islands to Japan, this was practically a "land-l<)cll)urjli. conveying a complaint of a San l"'raricisco linn of restrictions put by the Governor of Eastern Siberia on American li^hermen in the Okhotsk and iieliring Seas. 'I'liis was after the cession of Alaska to the United States. Jlr. lIofTman (p. 4.')2) transmits a note from M. de (lier.s, from which it dearly ajjpears that the Russian (ioverniiient made no pretence of treating eitluir of those seas as closed seas. The entire fabric of the attemiited censure of the State Dc[)artmeiit for failure to maintain American interests in the I'ehriiig Sea is thus thrown to the ground. It is shown that, so far from acknowledging BehriiigSea to be a clo-eil sea, the United States has placed itself on record as vigorously o]iposing any such assuiiiplion, not only with regard to Pehring Sea, where there was a distance of !)!)() miles IVom shore to shore, but also in regard to the Sea of (Jkliotsk, which might jjcrliaps have been properly regarded as a land-locked sea. In view of these historicil facts, anil of the important liearing which the maintenance of this doctrine .)f free, iiiitrammelled rights of coininerce, naviga- tion, and fisliing on the open sea, wliich the United States is now engaged in maintaining in other (|uarters where tlie national interests involved are immeasurably greater, it requires no sjiirit of prophecy to divine that the Hevenue cutters " Bear " and " iiush," 61 vhich Imve boon ordered by the Treasury Dcparlnioiit from Saii Francisco to the IJcbritiff Hca, have probably lioon ordered not to repeal llie mistake of cajjluriii;; foreign scalers unless dctect'jil f.dijnini.i- delirto within the unciuestioned maritime jurisdiction of the United Htates, namely, " miles from shore, IVnuluinjIon, May 28, 1887. No. '10. Coloiual Office to Foreign Office. — {Received June 28.) Sir, Doiining Slrecl, June '27, \fif^7. WITH reference to previous correspondence respect iiij,' tiie seizure of Canadian scidmg schooners in Jk-hring's Sea, I am directed by Secretary Sir Jlcnry Holland to transmit to you, for sueli action in the matter as the Marquis of Salisbury may think proper to fake, a copy of a despatch from the (Jovernor-Gcneral of Canada, inclosing copy of an aj)|)roved Report of the Privy Council res|)ecting (he action of the United States' authorities towards British subjects in these cases, and urging that full reparation may be demanded from the United Stuteg' Goverutnent. I am, &c. (Signed) JOHN BRAMSTON. InclosuFR 1 in No. ' 0, The Marquis of Lansdowne to Sir H. Holland. Sir, Government House, ToronI , May 21, 1887. WITH reference to previous correspondence on the subject of the izurc of Canadiim S'jaiing schooners in Hchring's Sea, I have the honour to forward hciv with a copy of an a])proved Minute of tiie Privy Council, concurring in a Report of my Minister of Marine and Fisheries, and recommending that the attention of Her Majesty's Government be called to the grave injustice done by the United States' authorities to British subjects peaceably pursuing their lawful occupations on the high seas, to the delay which has taken place in in(|uiring into and redressing wrongs committed, to the severe, inhospitable, and unjustifiable treatment of tiie ofUcerii and crews of the vessels seized, and to the serious loss inflicted upon owners of the same, in order that full and speedy reparation may be made by the United States' Government, I have, kc. (Signed) LANSDOWNE. Inclosure 2 in No. 40. Report of a Committee of the Honourable the Privy Council for Canada, approved by his Excellency the Uovcrnor-General in Council on the \Glh May, 1887. ON a Report dated the 9th May, 1887, from the Minister of Marine and Fisheries, submitting the following re'sume of facts, with a reference to the Canadian sealing schooners "Carolina," "Onward," and "Thornton," seized by the United States' Revenue cutter "Corwin," in Bchring's Sea in the year 1886. The above-named vessels fitted out at Victoria, British Columbia, for seal huntin;; in the waters of the Pacific Ocean, adjacent to Queen Victoria Islands, Queen Charlotte Islands, and Alaska. At the time of seizure (1st and 2nd August, 1886) they were at a distance of more than 60 miles from the nearest land. They were taken possession of by the United States' cutter, and towed to the port of Oonalaska, where they were detained. The crews of the "Carolina" and "Thornton," with the exception of the captain and one man (Iclaincd at Oonalaska, were sent by steamer to San Francisco, and there turned adrift, w iiile tlie crew of tlie " Onward " was kei)t at Oonalaska. At the time of the seizure, the "Carolina" had on board C86 se.il-skins, the "Onward" !KI0, and the "Thornton" 404. These, as well as the schooners arc, so far as the Minister is aware, still at Oonalaska, in possession of the United States' authorities. The master and mate of the 'Thornton" were brought for trial before Judge Daw sun, 62 'n till Hiiittd SliitL's' l)i-tiitt Cmiit, .it Siikii, on lliit .'iOtli .\ili;u.>t, !8s(i, 'I'lic I'vidciico j;iven liy till' oliuTis of till' Lliiilicl Sliitis' Kcmiiiii' fiiltti' wciit lo show tliat (lii- vo-^cl was sii/.((l lor the oUoncc of tiikiiijj; sci.l.s in tljiil iiorlioii oi' Uciiiiiii^V Sfa ccdcil \n tin- Unitoii States liy i{u-sia in l>i')7. lii'iii.i,' tlitii ;ii a distaiut' "T iVoiii fiO to 7" %.■' ^ I'limi St. George's Islaiid. The JikIl^c chai'fjrd the jury to the effect that, if tlu\v believed the defLMiduiil'i to linve been seahn:; in the HehiiniJ; Sea, east of llic lt).'5iil degree of loimitude "est, they should briiiir ill a verdict ol •' (iiiiity." and as.-es.s se[)arate lines or iniprisomnent. The jnry brought in a veidiet of " (iiiilty." 'J'he master of the "Tliornt(.n" was sentenced to thirty days' iinprisonnicnt, and to pay i» fin(' of rjOd dollars, and the ninle to thirty days' iinprisonment tnid ii line of .St lO dollars. The masters and mates of th(^ "Onwaid" and "Carolina" were inideted in similar |U'nalties. On the 2.'!rd and 2Uh Se|(teiniier, liSSli, Orders in C'onncil were a|ii)rovcd by his Excellency, tlie Ciovcrnor-neneral, setting forth the above faets, and representing' the injnstice to which Canadian eiti/ens eni;ai?ed in a piaeeable and lawful oeeiipa'ioii on the high seas bad' been subjeeled, ii\ spite of admitted principles of internationni law, and in direct ojipositton to the United States' contention of what eonstitntes common waters on the Atlantic coasts, and coiiies tliercot' weie lorwardcnl to I'cr Mfijcsty's (Jovernment, with a rc(picst that inniiediato reparation be demanded from the United States' Govermiiciit. On the I'itli Xovcinber, 1«S0, Mr. Bayard informed Sir f.. West that be was awaitinu' tnll and antbentic reports of tlic irial iiiid Jmli-'nicnt in the eases of these seizures before further discussing the matter. On tile Sth January, 1H87, the Earl of Iddeslcigh iiddressed Sir L. West, dejirecating the delay whieli had taken place in sccurini; the particulars, calling; upon him to urge, wit'.i all the force which the i;ravity of the eases dcinaiided, the immediate attention of the United States' (iovcnimenf to the action oi' the .American autiioritics in their treatment of these vessels, mates, and crews, and (lireetiiii; Iii.n to seek assurance that peiidinc; a settlement of the ((ucstion, no sci/.ures of Uritisb vessels would be made beyond the territorial wafers of Alaska. On the Oth January, 1887, Sir L. West wrote to Mr. llayard, reviewing: the whole case, and urging immediate action. On the 12th of the same month Mr. I'ayard replied, exijlaininif the reasons of the delay, and sf.aling that every possible dispatch hid been made in order to j)roenrc the necessary papers. On the .Trd February Mr. Hayard informed Sir f.. "West that the doetiinents relative to these sci/.ures left Sitka on the L'Otli .Fanuary, and might be expected to reach him within a fortniglil. In Ibc meantime, be informed the Ibitish IMini^fer that orders bad been issued for the di-conlinuaiK'U of all |iending proceedings, the discharge of the vessels, and tlu.' release of all persons under arrest in connection with these sci/.ures, and that the conclusion of any questions invcdved must be reserved until the papiM's relating thereto had arrived. On the Itli February Sir 1^. West eonmiunieated the above information to his K.\cellency the Governor-tjcncral. The Minister further states that Irom iiifonnation received from tlu- owners of tlie seized vessels, and from the Collector of C'ustouiS at Victoria, Hritisb Columbia, he learns that James Ogilvie, an old man and master of the " Carolina," was arrested alonj; with the masters an 1 ::;ales of the ''Onward " and '■ Tbointoii,"' and bi ought into Court for trial, but that before sentence was pionounced he was suffered fo wander away in the Woods, wlicre he died I'loin want and exposure; that the other masters ami mates after remaining; several months in prison were released by order of tlu; Governor ol Alaska, and turned adrift literally destitute to tind tliiir way as best they could to their lioiucs \,'i()() miles distant, and which could be reached only by a long and costly sea voyage; ; that the owners of the condemned vessels have received no intimation t'roin the United States' authorities of the release of their vessels or the restoration of' the valuable cargo of seal- skins and e(|ui]jmeiits (ju board, and that they have no information as to the condition in which their |)ro|)erty is at the present time. The owners are thus left in complete uncertainty as to when or where their property is to be n stored, and anticipate serious diimage, if not total loss, to their \esscls irom the tremendous gales which during the past winter have swept the North I'acilie coasts. They also stale that, knowing well as they do the character of the Indians in that vicinity, and apprehending that no very vigibuit watch has been kept over their pi'upcrly, they fear that cvci ythiug movable will hav(; been cai'ried away. If they lue cotnpelleil to receive flic vessels at Opnalaska, where they have been (jelained, it will necessitate the chartering of a steamer, 68 wifli Mien aiid sii|i|>lic's, (it prcat ux|)i'iise and :i muiid voyufj^c of some !l,000 miles in order to bring tliciii to N'ictdi'iii. 'I'lic consciiiK lit diimauc and inss to vessels and tar^'ocs tiirougli detention, and the lii'avy cost wliicli will he; critailod iu biinL'iMi? tlictn to the iioiiii' [lort, tlic owners consider Hood grounds for clainiini; lonsidi ration lioni tiie United Slates' autlioiities wlien the ([ueslion of reparation is i)eini,' settled. 'I'lie ("oniniillcc eoneiirrin;,' in tiie forcgoini,' Report of the Minister of Marine and fisiicriis advise that voiir Kxeelleney he moved to eail tiie attention of Her Majesty '•■. (iovernment aijain to tlic grave injustice done liy tlic United States' authorities to Mritlsh siiliiccts, |ieaetaiily pursuing; their lawful (jccujiations on tlie liipli seas, and to tlio great dehiy wliieli lias taken place in iiujuirint; into and redressing the wrongs committed (o the severe, inliosiiitahie, and unjustiliable treatment of the oliieers and crews of the vessels seizcil, and to the serious loss inllictcd njion owners of tlie same, in order tliat full and speedy reparation may lie made hy the United States' (Jovernment. All wliieli is respectfullv siihmitted (or your I'^xeellencv's approval. (Signed) JOHN J. McCJKK, Clerk, Priri/ Council, Canada, Inclosure 3 in No. 40. Mr. Ilumltii /.' Mr. TIUoii. Sir, Cuslnm-lloiisi', Viflorin, April '2'.\, 1MS7. IX reply to your letter ol the I'jth in.>l.uit, I beg to statu that none of tlic masters or mates of tiie vessels seized in Hehring's Sea in August last remain now in imiaisonmeiit. When the vessels were rondi nined the .ludge, Mr. Dawson, sentenced musters and mates to tines, wliieli were never paid, and to dilferent terms oi' iininisonnient. Ogilvie, master of the '• Carolina," an old man. was arrested and brought into ( ourt, but before the sentence was jironouneid he wandered iiway into the woods and died there. The others, after serving :i time in jirison, were released by an order uf the (Jovernor and turned loose literally (leslitule. to tind their way home in any way they could. 'J'lie vessels themselves, "(Carolina," "(Jnward," and " 'I'liornton," are now, as fur as we know, in Oonalaska, but unless they have been properly taken care of, which in such a place seems scarcely probable, they must during the winter months have suffered greatly, even if they are still in existence, 'I'he skins taken from them are, we believe, stored in the .Maska fur Company's warehouses at Oonalaska; the guns and ammunition were taken to Sitka, iind are in the care tant is to hand. In reply, would .say we have not been advised whether the vessels are to be returned to us at Victoria, or are we to incur the expense and risk of taking then; from Oonalaska. .iiid accept the skins in the condition they may be found, as an oflsel in lull against the amoiiiils set opjuisite tlieni in ourclaims. The expense and risk of getting them t() Victoria "ill lie -real, as there is no direct way of transferring men and supplies a distance of 1,,'JOO miles. It will necessitate tiie chartering of a steamer, and, owing to the tremendous gales in the North I'acilie the past winter, the vessels mav be very seriously damaujd. if not totally ' I'vtliing movable will be carried lost. Knowing the Indian awav. v.c do we antieiuate 64 The vessels and skins are loft in the care of not too friendly a concern, namely, the Alaska Commercial Company's assent, alias the United States' Marshal. Remaining, &c. (Signed) CARNK and MANSIE. No. 41. Foreign Office to Colonial Office. Sir, Foreirjn Office, July 8, 1R87. I AM directed by the Marquis of Salisbury to acknowledge the receipt of your letter of the 27th ultimo relating to the case of the seizure of certain British vessels when engaged in seal-fishing last autumn in Behring's Sea. In reply, I am to request that you will state to Sir H. Holland that, in Lord Salisbury's opinion, it is very desirable that, before any further representations are made to the United Slates' Government with a view to obtaining re])aration. Her Majesty's Government should be in possession of the records of the judicial proceeding' in the District Court in Alaska, and instructions have been sent by telegraph to Sir L. \, jst directing him to request that he may be furnished with these documents by the United States' Government for the use of iter iSIajesty's Governmenc. I am further to reciuest that tiiis Departmen may be supplied with a cojjy of the papers wliich have been laid before the Canadian Pi.rliament in regard to this (pieslion. I am, &c. (Signed) JULIAN PAUNCEFOTK. No. 42, The Marquis of Salisbury to Sir L, West. Sir, Foreign Office, July 9, 1887. REFERRING to your despatches of the IHth April and the 6th and SOlli May last, and to previous correspondence, I transmit, for your information, a copy of a furtlier letter fiom tlic Colonial Olhco relating to the ijucslion of the seizure last autumn of certain British vessels when engaged in scal-lisiiing in 15eliring's Sea.* Before giving you further instructions in regard to this matter, I should be^ glad to have the opportunity of examining the records of the judicial proceedings in the District Court in Alaska, and I reciuest that you will at nwv apply to tlie United States' Secretary of State, and ask that these documents may be lurnislied to you for the use of Her Majesty's Government. I am, &c. (Signed) SALISBURY. No. 43. Sir L. West to the Marquis of Salisbury, — {Received Juhj 22.) My Lord, Washington, July 12, 1887. Wrril reference to your Lordship's telegram of the 8lh instant, I have the honour to transmit herewith priiiled coijIcs of the judicial proceedings in the United States' District Court for the District of Alaska in the several eases of tlie schooners "Onward," "Carolina," and "Thornton,' proceeded against on a charge of killing fur-seal in Alaska. I have, &c. (Signed) L. S. SACKVILLE WEST. No. 40, 65 Tnclosurc in No. -13. In mi'; U.vitkd Staiks Dtstuict f'onn', von Tirn: Distilict of Ai,a.ska. Tlw United fslatns, Liliellniif, v. The Sclwia-r " Tkornlon," lirr Tiiclclc, ^v.~()it Libit of Information J or being ewjiKjed in the liiixinvss of killing h'ur-seiil in Alnsku. Transcript of Record. O.N tli(! tJSth ila.y of August, 18b.-, was lilcjd the i'ollowiiii;- Lilicl of infoniifitioi) : — In iiik HisTJiicT Couirr of TirE UxiTEii Statks fok tiik Distiuct of Alaska. Altjust Simccial Ti:inr, 1R86. Til ilio Hoiioiirable Lafayette Dawson, Judge of said District Court: 'I'lll'; liliid of information of M. D. iiall. Attorncv for tlic United .States for the District of Aiiisi<:i, who iirosccutes on iiclialf of said United Stat'^s, and Iji.ing ;)rcsont lierc in Court in iiis proper iicrsnn, in ilio name and on lichaif of tiic said I'nitcd Stales, iijrainst tiie schooner " 'J'hornton," iier taclde, apparid, boats, cargo, atid furniture, and again -it all persons intervening for their interest therein, in a cause of torfciture, alleges and informs as follows : — That Charles A. Abbey, an oflicer in the Revenue Marine Service of tlio United States, and oti s]ieciiil duty in the waters of the district of Ala-ka, heretofore, to wit, on the l of the Statutes of the Uiute(l Stales in such cases made and iirovided, -he afore-mcnlioned and descril)cd schooner or vessel, being a vessel of o\er 1?U tons burden, her tackle, apparel, boats, cargo, and furniture, became and .are fori'eited to the ii«e of the said Uinled States, and that s:iid schooner is niiw within the district aforesaid. Wherefore the said Attorney jirays that the usual process and monition of this honourable Court issue in this behalf, and tliat all ])ersons interested in the hefore- nuiitioned and described schooner or vessel may be cited in general and special to answer the premises, and all due proceedings being had, that the said schooner or vessel, her tackle, a])p:irel, boats, cargo, and fe.rnitiue iniiy, for the cause aforesaid, ami luniourable Cmirt, as lorfeited to the use of the said United States, according to the form of the Stuiiite of the said United States in such cases mode and provided. (Signed) iM. D. BALL, United States' Ihntrict Attorney for the District of Alaska. Whereupon forthwith issued the following monition : — District of Alaska, Set., The President of the United States of America to the Marshal of the District of Alaska, gret'tinir : — Whereas a libel of information bath been tiled in the District Court of the United Slates for the District of Alaska, im the L'stli day of August, in the year l^>8l;, l)y M. D, I'all, United States' Attorney for t);e dislrici aforesaid, on belialf of the United States of .\moriea, against the schooner "Thornton," her tackle, ajiparcl, boats, cargo, ninl funnture, ns forfeited (o the use of the United States for the reasons and caises in said libel of inlormalion menlinned, and prayiiig the usual proees-< and monition of the said ( omt in (bat behalf to be niaile, ami that all per>oiis interested in the said schooner " Thornloii,"' lu r (ackle, apjiarel, boats, cargo, and furnidire, &c., nuiy be cited in general [128 J K 68 and special lo answer the promises, and all proceedinjisheinf; liad, that the said seliooncr "Thornton,'' her tackle, a|)parel, boats, car^o, and furniture may, tor the causes in the said libel of information mentioned, be condemned as forfeited to the use of the United States. You are therefore hereby commanded to attach the said schooner " Thornton,'' her tackle, apparel, bunts, carp;o, and furniture, to detain the same in your custody until the further order of the Court respectiiif^ the same, and to give notice to all jjcrsons elainiiiig the same, or knowini; or bavinij: anytliing to say why the same slioidd not be condemned and sold pursuant to the prayer of the said libel of information, that they lie and api)ear before the said Court to be held in and for the District of Alaska, on tlie 4tli October, 18R6, at 10 o'clock in the forenoon of the same day, if the same shall be a day of jurisdiction, otherwise on the next day of Jurisdiction thereafter, then and there to interpose a claim for the same, and to make tlieir allegations in that beiialf. And what you shall have done in the premises do you tlien and there make ;eturn thereof, together with this writ. Witness the Honourable Lafayette Dawson, Judge of said Court, and the sea! thereof alfixed at the City of Sitka, in the District of Alaska, this 28lh day of August, in the year of our Lord 1886 ; and of the Independence of the United States, the 111th. (Seal.) ANDREW T. LEWIS, Clerk. On September (j, 1880, was filed the following affidavit: — In the United States' District Court in and for the District of Alaska, United States of America. The United States of America v. the Schooner " Thornton." United States of America, Di.strict of Ala.ska, 8s. C. A. Abbey, being duly sworn, dei)oses and says : — • Tiiat he is, and at all times beieiiimentioned was, a Captain in the United State.s' Revenue Marine, and in command of the Unitcnl States' Revenue-cutter "Corwin." That nlliant and the following natned oilicers of said " Corwin " are material and necessary witnesses fur the I'nited States in the al)ove entitled action : J. C. Cantwell, Lieutenant; J. V. Rhodes, Lieuteiutnt; ,]. H. Douglass, jiilot. That owinu: to scarcity of provisions and fuel upon said cutter "Corwin," the said "Corwin "and (k'jionent and said witnesses will be obliged to and are about to co to sea within five days, and out of the district in whicii the said case is to be tried, and to a greater distance than TOO miles from the place of trial of said action before the time of said trial. That there is urgent necessity for taking the depositions of afhant and said witnesses forthwith. 'J'hat Hans Cuttormsen was master, and in possession of said schooner "Thornton " at the time of seizure thereof. (Signed) C. A. ARBEY. Subscribed and sworn to before me, this Gth day of September, 188G. (Signed) Andrew T. Lewis, Clerh. On the same day was entered the following order : — In the yf alter of the United Slates v. Schooner "Thornton," Ca.'ie A'o. 50; Schooner " Oirolliw" Case No. .Ol ,■ Schooner "Onward" Case No. 49,- Schooner "San Dieijd," Case No. 52. In the above entitled actions urgent necessity and good cause a])pearing therefor from tiu> iiindavits of C. A. Abbey, now on moti(m of M. D. Ball, United States' District Attorney for .Maska, and Comisel for the United Slates herein, it is ordered that the depositions of the witnesses C. A. Abbey, J. W. Ilowison, .1. V. Cantwell, .1. U. Rhodes, J. li. Douglass, C. T Win.slow, Albert Leaf, C. Willielm. Tlios. Singleton, and T. Lorenscri be taken brfore the Clerk otilie said District Court on Tuesday, the 7tli day of September, ISHO, at 7 o'clock I'.m., or as soon thereafter as the matter can be reached at the office ol said Clerk at Silkn, Alaska; and if not completed on said evening, liicn 67 tlic taking of said depositions to bo continued by said Clerk, from time to time, until com- Itletud. Tluit notice of the time ami jjlace of taking said depositions he served by the Marshal of suiil ilistrict on Hatis ( Juttorinsen, James Blake, Daniel Miiiiroe, and Charles K. liavnor, and ui)on \V. (lark, Hs(|., Attorney at Law, or or ijcfore the 7tli SepteTnber at 12 A.M., and that sueh shall he due and su'iieient and reasonable notice of the taking of said depositions. Done in open Court this fitii day of September, 1886, now at this time W.Clark, Esq., being present in Court, waives service of notice. f)n the 7th day (»!' Heptember, 188(1, was fded the following notice and return; — In iiu: United States' Distuict Couiit in and roii tue Distuict of Alaska, United St.vi'es of Ajiicrica. The Uiiilcd Slalen of America v. the iichooncr " Thornton." To Hans Outtormsen greeting: you are notified tliat by crder of Lafayette Dawson, Jiidtre of said District Court, t!ie depositions of C. A. Abbey, .J. C. Cantwcll, .]. V. Khorh's, aiul .7 H Douirlas will b.> tak^ n before the Clerk of sai 1 District Court at his otlice ill Sitka in said district on Tuesday, the Ttli Se])te:)ibei', ]SS(;,at 7 o'click I'.JI., or a~ 'iooii thereafter as the matter can be reached, and if not completed on said evening, the taking of said depositions will be continued by said Clerk from time to time until cornjileted. Dated the 7th September, 188G. (Signed) ANDREW T. LEWIS, Clerk. United States of America, District of Alaska, ss. This is to certify that on the 7th day of September, 1880, before 12 o'clock noon of that day I served the annexed notice on the within-nanied Hans Guttormsen, at Sitka, District of .Maska, by then and there personally delivering to said Mans Guttormsen a cojiy of said notice ; and then and there gave him the privilege of being present at the takiiv^ of said depositions. Dcited the "Jth September 1880. (Signed) BAllTOX ATKINS, United States' Marshal. On the 10th September, 1880, were filed (he following depositions: — In the I'nited States' Distuict (^oukt in and fou the District of Alaska, United States of America. The United States v. the Schooner " Thornton" A'o. fiO. Dcpo^iitions of witnesses sworn and examined before me on the 7th day of September, P8 ', at 7 o'clock I'.M. of said day, and on the f^th and !)lh Sei)(eiiiber, 18;0, thereafter, at the Clerk's Ollice of said ()<.n\\l in Sitiia, District of Aheka, United States of America, by virtue and in ])ursuance of (be order (d' the said Couit, u.ade and enlereu in the aliovo entitled action on the (Itli Se|itemher, ISt^ti, diiecting that the testimony and de])osi(ions of said wit; esses be taken brlore me at said first Mentioned time and place, ancl at such siibsc(|iient times as (he taking of the same might be continued (o by me, in said action then and there iiending in said lii>tricl (^'ouri brtween the Cnited States as jilaiutitl' and tlie schooiu'r "Thornton " as defeiulaut, on beiiall'aud at the instance of the said plaintiff the rnited Sla(os. and upon iio(ice of the 'ime and place of the taking of said depositions served u|)on Hans Gu((i)riiisen, the Ca]»(ain of the said t,chooner, and in possession thereof at the time cf seizure, and upon W. Clark, Es(|., ids Attorney, the owners thereof being uiiknov.n and without the jurisdiction of this Court. Captain t'. A. .\l>liey, being duly --Horn, deposes and -^ays : — Q. State vour name and occupi', ioii. .1 ('.'.iitain C. A Abbey, in the United States' Heveniie Marine Service, at present In command of the Culled Stales' Kevjnue steamer " Corwin," on siin-lal duty in Alaskan waters, lor the protection of the Seal Islands aud of the Government interests in Alaska generally. [128] K 2 68 Q. VVhiitwcre you ili)in^' ami wliat occiirii'd on tlic 1st day of August last in (lie line of your duty y — J. I was ciui/.in!;' in HoliriuLV Sea alioiit "') niilos soutli-soulli-iM,! I'loui St. (!l'oi-;;o island, in alxint lalitud.' and longitude . 1 I'ound the tour boats of tiie Biitisii ^)teanl-scl^ooner " Thointon," of Victoria, Biilisli Columbia, ennaged in killing fur->eal. Each boat had in her from three to eight frcslily killed seal, arms, and amunmilion, rower.s, and iumlers, who stated that they belonged to the said sciiooner " 'riiornton," and were engaged in taking or killing I'ur-seal. Some of them, if not all. were seen shooting at the fur-seal whicli were swimming in their neighbourhood. On ihis evidence, f caused the vesstd to l)e seized by Lieutenant Canlwcll, took her in tow, and proi'eeded nilli her to > loualaska, where I [iluced the vessel, cargo, tackle, furniture, and appurtenances in charg'- of Deputy United States' JIarshal Isaac Anderson, of Oonalaska, the caigo oi' fur-seal skins being stored in " Keueh," in one of the warehouses of the .Maska Commercial Company, and under seal. One boat of the "Thornton " was sent to Sitka by the schooner " San Diego," and (ilnced in custody of the United States' Marshal at Sitka. All of this property is now in the custody of the United Slates' ^huslial at Sitkn, including her arms and ammunition, which I brought to Sitka on the " Corwin." Q. AVas this the \essel against which the libel of inl'iirnialion is lilt d r ./. It i,-. Q Did this all occur wvlhiii the waters of Alaska aiul the Territory of Alaska, and within the jurisdiction of lliis Court .- — ,(. It did. Q. Did this occur .vilhiu the waters of the sea navigable for vessels burden or over r — A. It did. (Signed) isKa, of IX) tons C. A. ABBEY. Siil)scrihcd and sworn to belore me this '.Uh day of September, a.d. ISS'i, after having been read over by nic to (h'ponent. (Seal.) Anuiu;w T. Li;\vi,s, Cl/rh, United Stales' District Court. Lieutenant .John C, Canlweli, Ix.iiig duly sworn, deposes and says : — Q. State your luime, occupation, and age. — A. John C. Cantwell, Third Lieutenant United States' Revenue .Afarine Service, at present on duty United States' Kevenue steamer "Corwin,'' and over the age of 21 years. Q. Were you so on the 1st day of August last r — A. I was. Q. State what occurred on that day in the line of your duty. — A. I saw a .'iniall boat on the port bow ; we came np '.u her, and found she bad about eiglit fur-seal aboard. The men in the boat were aimed with brcecli-loailing rilles. In answer to the Commanding Oflicer, the men admitted they were killing fur-seal. Shortly after we ])icked up a .second boat, and then sighted the schooner "Thornton." 'I'here were dead seal in the second boat. I did ilot examine the other boats; I was sent on board the schooner, saw Hans Guttormsen apparently acting as captain, and Henry Nornutn as mate. I askeil them what they were doing ? The captain replied, " Catching seals." I signalled this to Captain Abbey, who directed me to seize lier, which I did, ami the "Corwin'' took the schooner in tow. The fur seal in the boats were bleeding, and must have been kilL'd within a few hom-s. Q. How many men were on boiird of the "Thornton " ut the time of seizure - — A. Ahiud fifteen. Q. Was this a reasonable nuruber I'nr ordinary ])urposes of oomiuerce and naviga- tion r — A. It was an unusually large number for the size of the vessel. Q. Do yon recognize this ))aper 'r* — A. I do. Ft is the otiieini inventory made by me of the furniture, tackle, and cargo of the schooner "'i'liornton " (inventory enibiaces the usual furniture, rigging, nautical instruments, boats and stores of a vessel of ihi.- class, vith a cargo of 40H seal-skins, 3 seal-pup skins and 1 liair scal-skin, and tiu'v are receipted for by I. Anderson, Deputy United States' iMarshal, (.onala.ska. the Mlh AugUKl, 18S(i; ; the item -lo:5 seal-skins mentioned in the inventory are tur sealskins: this inventory gives a full nnd correct list of all the furniliiie, tackle, and cargo (,f said \(ss(|. with the exception of the following ; arms iuid .nnmunition, octant, and one clu' .■< There is one boat belonging to the "Tliornion'' that was sent tlown on ii; Diego " and included ill thu inventory of the " San Diego." The "Thornton '" :i boats. tSignccL .JOHN C. CANTWELL, :U(l Lieutemmt, United l!)l(itex' Reienue Murine. 69 Siibscrilicil Mild sworn lo lu'l'oi-e luc tliii !Uli (lav ol' .Siiptombur, a,u. Iri.-^G, iit'lcr liavinj; been rcnl ovur by iiu; to (ioinnicnt. (Sciil.) ANiiitKW T. Lkwis, Clrrh, Uiutcd Stnlr.s' DislricI I'mni. Joliii V. Rhodes, I)ciiij;- duly s.voni, deiioscs and says: Q. Siiitc your iianu", ane, ami occujjalioii ?—-•(. John I'. Rliodrs, over 21 years of nijc, and IJeiiteiiant in tlu; I'niled Slates I'l'veiuie Afarin;', and atlachril (a, on a liunlin"; and lishinf; voya;j;e, as havinn; cleared from Victoria, ISritish Coliimliia, the l.">lh .May, ISSo). This pajier marked (l^v, " H "j is her bill of luMlth Mssued same date and jdacc witii clearance). I found these papers in the schooner '•Thornton" at the time of seizure, and then took possession of them. Q. What was tlie list of arms and ainniunition found aboard the schooner "Thornton" at the time of seizure!- — A. Four rifles, ti shot-:;uns, 8(i7 shot-gun cartridges, 420 riflegun cartridges, lOf* lb>. jwwder, I keg powder ])artly lilled, '2 bags l)ulle(s, 1 1 bags buck-shot, ."> boxes wads, 31 Imxes primers. (^. What has become of th<-e arms and ammunition r — A. They » ere delivered to the United States' Marshal at Sitka, and are now in his custody. (Signed) JOHN U. \{W)\m^, Lmilnund, Vnitcil Sliih's' lirrritiic Murine. Subscribed and sworn to before mo tliis Sth day of September, .\.i). lSi5t), after having l)oen read over by nic to the deponent. (^Seal.) Andhkw 'f. Iji;vvis, Clerk, United lels, and one octant. Q. What has become of this propert_\ .' — .1. 1 turned it over to the United States' Marsiial at Sitka, and it i:i now in his custody. (Signed) .K>HN U UllODKS. Suhserihed and .sworn to before me this Dth day of September, \.\). 188(5, after having been read (n er by nte to deiionent. (Seal.) Aniikkw T. Licuis, CIvrk, United Slates' Di.'tlrici Court. .1. H. DougloHs, being duly sworn, depose* and .snvs: Q. State your iiame, age, and occupation / - A. .K II. D.iuylass, am over the age o.f -1 years, am a pilot in the Revenue Marine Service of the United States, and have been 70 80 for tlic scvon years last ])ast. I am now and on tlio 1st Auj^iist, 1880, was pilot on the Ri'veniu' stoaiiicr " Corwiii." Q. State wliat ocounoil on tho last-named day in coniiL'ction with tiic schooner "Thornton "' ? — A. We sif^hti'd a l)oat on our port how mid soon alter saw another hoat, Steamed to tlie tirst iioal and ordered her to come uh)n^'side, which slie did. The name "Stinnier Tliornton '" was on the stern of the i)oat. 'I'liere were two or three men in tlie boat witli arms, and six or einlit dead fur-scal, which had tlie aiipcaranoe of havinj; heeii lately killed. 1 asked the men what hick they hud iiad. One of them replied, " Wo have si,\ or eii^ht, hut not as j^rood as some days." We took pos.session of the hoat and contents by order of Captain Ahhey. \Vc then picked up the -second hoat, finding' it enfijni^ed in the same husiness, then we sighted a schooner driftinj; without .sail or steam, which proved to lie the stcam-schooiur ■' Thornton." On comin^j; up with her she was seized hy order of (^ijilain .Vhheyaud taken in. tow. We then ])icked up two more hoat.s belontjing to the "Thornton," having; dead fur-seal on hoard. This was in Hehrinji's Sea, about Ct.'t miles south-east from St. (;eor;,'e's island, and about oO'.) or tjOO miles to the eastward of the western boundary-line of Alaska Territory. Q. State what e.\])erience you have had in the fur-sealing business, and your know- ledge of the habits of the fur-.seal ? — A. I have been cruizing for more than (Iftuen years off and on in Alaskan water.s, always as an ollioer or pilot, and have visited the I'ribiloff Islunds, St. Paul and St. George, several hundred times, and am perfectly familiar with the sealing business as conducted on those islands, and understand the migrating habits of the fur-seals. From about the 1st May to about the 1st .Inly of each year the fur- seal is migrating north, ami mostly through the Unimak and .\kutan Passes to these islands for iireeding purposes. They go to no other place in the known world except these islands and topper Island for breeding purposes. After the breeding season of about a month they begin to migrate south, and until Nove!nl)erof each year are migrating south through Hehring's Sea. i'uring tiiis season, from May till November, the fur-seal are plenty in the waters adjoining the Pribilofi Islands, and are migrating to and from these islands, and arc at all times very plenty between T'niuuik Pass an(l said islands in a track al)out -'iO miles wide, wliich seems to be their hi;;liway to and from said islands. The schooner " Thornton " and her boats when seized were directly on this track. (Signed) J. H. DOUGLASS. Subscriiied and sworn to before nie this 8th day of September, a.d. 188G, after having been reaii over by me to deponent. (Seal.) ANuitEw T. Licwrs, CVcrfr, United States' District Court. In the Unitkd Statks' Distkict Couiit in and kou tub Distriot of Alaska, Unitkb States' ok Amekica. Tlie Uiiitrd States v. tlw Schooner " Thornton." No. iJO. Wlieroa>, on the Cth day of September, 188G, the said District Court duly made and entered in the journal of said Court an order in the above-entitled action, directing thai the Ustmiony and deposition^ of the witnesses : (.'. A. Abbey, J. C. Cantwell, .1. U. IJhodes, and J. II, Douglass be taken before me, the Clerk of said Court, at the time or tiuie-^ airl ])lace, ami upon sucii notice as was .spccilied in saiil order. Now, thereioie, this is to certify: — I'nat in i)iirsuance of said order, on the 7tli Scpiemlier, JSrtij, at 7 I'.M., each and ail of liu,' above-named witnesses appeared before me at the Clerk's olhcc of ^aid ('ourt at Sitka, District of Alaska, United States of America; that M. D. liall, I-^sq., District Attorney of said Court and District, and W. 11 Payson, Esq., appeared then and there on behalf of and as attorniiys and proctors for the United States, tlie libcilant herein ; atid W. ( 'lark, iCs(|., then and tkere appeared on behalf of. and as .Attorney and Proctor for the said schooner and her owners herein ; and Hans Guttormsen then and there appeared in pursiuince of uotute served upon h'.m. That 1 was Mualile to complete th' taking ot said depositions on said 7th day of September, '^^SO. und I continueii the tr.Jng thereof on the sth and Dth Sepicrnber, IS.St; and conipieled th^ same on said lasl-nanieii day. Thai the ^aid parlies hv iheir said A.torneys and Proctors then and ihere appeared, ai\ii »ere present on each of .saiil last- named days, i;ni| at all .inies dining tlie taknig of said depositions. That each of said wilncoses waslirst duly cautioned and sworn by me, then and there, that the evidence he 71 should Rive in said nclion, slioulil he tlio tnitli, tlio whole truth and nntiiinjif J)iit thu truth, nnd tlirrcnt'ter caoh of snid witiu'sscs was then and thcro pxaniinod bct'oio me, and I tlien and tliere tooii down tlio statement and testimony of eaeh of said witncsscH, and reduced the same to writinic in his presonee, and then and iliere read the '^nme over to him ; and lie tlien and there, after tlie same had ])een so rc(hiccd to «ritins and read over to liim, suh.serihed ttie same in my j)resenee, and swore to the truth there)!'. Tiiat the forejjoiny depositions are the depositions of said witnesses then and there taken hefore me as aforesaid. 'I'hat due notieo of tlie takin;;; of said depositions was given as required hv said order. In witness whereof [ liave hereunto set my hand and the seal of said District Court, this 9tli day of September, ISPO. (Signi'd) ANDREW T. LEWFS, Clerk, Vniird Slates' Distrirt Cnurl in and for the District of Alaska, United States of America. On llic 20tli day of September, 188G, was filed the following claim of Master for Owner : — In TiiK Unitkd Statks' DrsxiiicT Coukt fou vuk District op Alaska. (lu Admiralty.) In the Matter of the Lihel of Information ayninxl the Schooner " Thornton," her Tackle, Apparel, Furniture, and Cargo. — C'aiin of Master for Owner. And now Ilan^ Outtormsen, master of the scliooner " Thornton " intervening for the interest of J. D. Warren of Vietoria, iirilish f'olunibia, the owner of the said schooner " Thornton," her tackle, apparel, furniture, and eari;o,as set forth in the libel of informa- ti(m herein, appears before this lionourable t/ourt and makes claim to the said schooner "Thornton," her tackle, apparel, furniture, and car^o, as sol forth in tlie said libel of information, and as the same are attaclnvl by the Marshal under process of ihis Court at the instance of M. 1). i^all, ]'iS(|., I'nited States" District Attorney for the District of Alaska. .\iul tlie said Hans Outtormsen avers that the said .1. D. Warren was in possession of llie aid schooner at the time of the attachment thereof. And that tlie said .1. I). Warren ai)ove named is the true and bond fide owner of the said sclio(uier, her tackle, n])parel, car/^o and furnitiue as seized by the said Marshal as aforesaid and that no other person is the owner thereof. Wherefore he pray.s to defend accordinjjly. (Sitfncd) HANS GUTTORMSEN. Subscribed and sworn to before me this if^th day of September, A.)). 18SG. (Seal ) AnukI'.w T. FiEWis, Clerk of ihe Cniied Stales' District Court for Ihc District of Ala.ska. W. CUUIK AXI) D. A. DiNGLEY, Proctors for Claimant, On the same day was filed the followinf^ amended libel of information. i.v TUE United St.vtes' District Court in ant) for the District of Alaska, United States' of America. (August Special Term, 1880.) To the IT(mourable liafayette Dawson, Judtifc of said District Court : The amended libi'l of information of .M. D. 15ail, Attorney for the United States, tnr tile District of Alaska, who ;irosecutes on behalf of said United States and heinp: present here in Cmirl in bis own i)roper person, in the name and on behalf of the said United States, allepjes and informs as follows, to wit : — That C. A. Alibey, an ollicer in the Ue.-enue .Marine Service of the United States, duly eoinmi-sioned by the I'resident of the United States, in command of the United Siatt's' itevenue cutter • t.'orwin," and on special duty in the waters of the District ol Alaska heretofore, to wit on the 1st day of August, 188t), within the limits of Alask 72 Territory, ami in llie waters tlicrodl', and within tlic Civil and Judicial District oi' Alaska, to wit— witiiiii tlic uaturs ot'tliiit jxirtinn of Hclirini^'s Sou i)(.'l()n;;inf^ totlio United Stales and said District, on waters navi<;atile i'roni iIk' sea by vessels of ten or more tons burden, sidzed tile seboouer " 'I horntoii,'' her taeUle, apfjarel, boats, eari^^o, and liirniture, beinj,' the j)ropcrty of sonic |)eison or jiersons unknown to saiil Atturney. Tiie said projierty is more ])aitieulaily dcseribed a> follows, to wit : — One scliooner ■•Tliointon" of N'ieloria, l')riti>h Columbia, four boats with oars, sails, and gear; earjjenter's and eauikim;- tools and materials: live tons of eoal, ten yards of canvas, clock, chronometer, nautical instruments, provisions, sails and runniiifr j;ear, ropes, twine, lamps, oil, casks, buckets, enyinc and i,'far, twenty sacks* of salt, -1():> fur-seal skins, one luiir-seal skin, three pi'p-seal skins, four rilles, six shot guns, and arms and amininiition for same and all other property found upon or a])purtenant to said schooner. That said C. A. Abbey was then and there duly coniinissioned and authorized i)y the proper nijiartment ol' the United Slates to make said seizure. Tliat all of said jiropcrly wa-, then and there seized as forfcilfd to the United States for the followiiiL,^ cauM's;— 'I'hat said v<'ssc'l, lier captain, ollicers and crew were then and there I'ound cnc;a;,'cd in killinn' iiir-seals within the limits of Alaska 'i'erritory and within the waters thereof, in vii)lalion of section \',l'>i> of the lleviscd Statutes of the I'nited Stales. That all the said projjcrty, after being seized as aforesaid, was brought into the port of Oomilaska in said Territory, and delivered into the keeping of Fsaac Anderson, a Deputy United States' .Marshal of this District, witli the exception id' tlic said arms and ammunition, which latter wirr brought into the [lort of Sitka in said District and turned over to the United States' Marshal of this District and ail of -said property i-^ now within the Judicial l)istri<'t of .\laska. United States' of America. And the said ,M. 1). Hall, Attorney as aforesaid, further informs and alleges: — That on tlie 1st day of August, 18s(), Henry ^v'ormnn, and (jcrtaiii other persons whose names are to said United States' Attorney unknown, who were then and tliere engaged on hoard of the said schooner " Thornton " as seauien and seal-hunters, did, under the direction anil by the authority of Jlans (iuttormscn, then and there nuisliir ol said schooner, engage in killing and did kill, in the Territory and District of ,\laska, and in the waters thereof, to wit, twenty far-seals, in violation eal skins, three pup-skins, one hair-seal skin, and other goods so seized on board of said schooner "Thornton" constituted the cargo of said schooner at the time of tb(^ killinu of said fur-si'als, and at the time of said seizure. And said Attorney sailh that all and singular the premises were and are true and within the Admiralty and Maritime Jurisdiction of the United Slates and of this Honourable Court, and that by reason thereof, and by force of the Statutes in such cases made and jjrovided, the aforementioned schooner, being a vessel of over twenty tons hurden, and her said tackle, apparel, boats, ca-_^ 1 lurniturc, becanie and arc forfcitcul to the use of the United States. \\ herefore the said ,\ttoriiey iirays that the usual process and monition of tliis Honourable Court issue in his behalf against said scliooner and all said hereinbefore dcseribed property to enforce the f irfeilure thereof, and reipiiring notice to he given to all Jiersons to appear and show cause, on liie return day ol' said process why said lorfeiture should not \iv. decreed ; and tliat alter due proceedings are had, all of said projierly be adjudged, decreed, and condeiiiiied as forfeitird to the use of the United Stales; and for Buch other relief as may be proper in the premises. Dated the 'zmh .-ieptemher, 188(3. (Signed) .M. D. 15ALL, United Slates' District Attornvi/ fur the District of Alnslcn. On the same day was filed the following demurrer: — In Tin: Un.'ti'.I) S'iatks' Distiuct Couiit foi; •iiii: DrsTRtcT or .Alaska. United .S'iV//c,s V. ./, D. IVarrfii and Schooner " 'lliornton."— I)i "irirr. The demurrer of ^. D. Warriii, claimant of the [ircperly proceeded against in the rhnve cause to the iidoneatioi' hleil herein. 1. The Miid clainiavit liy jindestation, not confessing all or any o( the matters ir; said aTiiendid infian iil'on conlniiicd lo !■(■ true, ilcii urn Iherelo and says liial the said matters in ninnner and form, as the same are in the iiifoiiration stated and .-el forib. are 73 not Hiifnciont in law for tin- Unitod States to have and maintain their said action for the forfeiture of the projierl y aforesaid. :.'. 'rill' saicl el.'iiTiiiuit liy iJidtestatiou denies that tiiis Court has jurisdiction to determine or try the question hereliy juit in issue. ;i. And tiuit the said chiiiuant is not hourit didy sworn, says he is mnytter of the schooner "Tliornton," that he lias heard read the forei^oinp; answer and knows the contents thereof and that the same is true of Ids own personal knowledf:;c. (Signed) H. GU'l'TORMSEN. Suhscribed and sworn to heforc me this 22nd day of September, a.d. 188G. , ;.' . (Signed) A'smiEW T. IjV.WIS, (Veric of llie United Slates District Court for the District of Alaska. On the Ith day of October, 1880, the motion cited p. r>l was returned with the following indorsement : — Sitka District of Alaska, ss. Be if reniomhered, that, in obedience to the annexed monition, 1 have attached the williin-deserilied pro))erty and now hold the s:ime in my possession subject to the order of this llonoiiralile (.'ourt ; And I have given due notice to all persons clainnng said |)roperty to In; and appear before this District Court on the ith day of October, 1880, at lU o'clock a.m., it the same shall he a day of jurisdiction, olherwi.se on the next day of jurisdiction thereafter, then and there to make their claims and allegations in that behalf: — And r have caused said notice to be pulili-.hed, and (he same has been published in the "Ala.skan," a new.spaper published at Sitka in said District, on the 4tli day of September, 1880, and in each issue of .said newspaper subsequent thereto, until tth day of October, 1880. , (Signed) BARTON ATKINS, iVflr,sA«/, Dislrii I of Alaska. Sitka, Alaska, Octoher 4, 1880. v^n the same day was fihd the following Decree : — In 'in; U.vii i:jj Siaiks' Disriacr (,'oiikt in ash koii iiii, Disiiik r or Ai,\sica, IJ.viTKn SrA'ri:s of Amkukja. Uiii/rd ,S7c(/cx V. tlir Sclinoiier " Thorn I on." !<<>. CO. The .Marshal having rcturui'd on the monition issued to him in the above entitled action Hint, ill obedience therelo, bo luis attached the said schooner " Tliornton," her tackle, ii]ijiarcl. hoafs, cargo, and liirniture, and has given due noli'H' to all persons claiming the same to !i|)pi;u' before this Court on this 4tli day nf October, ISHti, at 10 o'clock a.m., at the Distrirt of Alaska, I'nited States of America, then and there to interpose their claims and make their allegations in that behalf; and Hans Oiittorm.son, the captain of said vessel, having heretofore filed a claim to all of saiil property on behalf of J. ]). Warren, of Victoria, British Colu'iiliia, the owner thereof, and no other [lerson having appeared, and no claims or allegations having been made or tiled herein by any other ])cr.=on or jiersons, and (he usual iiroclanuition having been made, and said cause iUlllllUlB 75 hiiviiij; Iiuuu lit'iiril upon Ur' pli'iii)iii;;.s and iirooi'-i, .M. I), liiill, lvsi|., ;inil W. II. I'iivKon, Ks(|., iiiipt'ariiin' as lulvocalus for saiii liln'ilanl, iind W. Clark as adun'aU; lor waid claiiiiaiit, ami huid causo Iiavinj,' been stibniitlod to (lie (,'oiirt tor decision, and i\iv dtdilicration Ijcinjj had in I Ik; priMiiises, it is now or(lerc'! ; Arms and Aniniunition Schooner '•Sierra." ^n. -u ; Arms and Animnnilion Sriiooncr '' San l)ief/o," No. ,'58. In the above causes, upon motion of the Attorney lor the llniii'd States and argu- ment of counsel for the llniled Stati'.s, and for the interveners in said causes, and coiisiileratioii by the ComI, i' is lliis day '■ 'rred t^lal writs (>[ ncnditio>ii irjimias t\(t i^sue from the clerk of .said Court to the Marsiiai of said District, for the sale ol the attaciied [128J L •-' «> ^^^ IMAGE EVALUATION TEST TARGET (MT-3) V :/. Ma 1.0 I.I 1.25 1^ 128 1 2.5 ^ 1^ 1 2.2 t i:^ III 2.0 111= 11-4 ill 1.6 <9 ^ 7] /2 /a y >% //a Photpgraphic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. M580 (716) 872-4503 ] n vessels, with their tackle, cargoes, nnJ fiirnitiirp, of whatever description, and of the arms and ammunition attached in said causes. And as to the said attached vessels, that the sale of the same (except the schooner " San Diogo," which shall he sold at Sitka) shall he made at Port Townscnd, in the District of Wasliington Territory, and as to the sealskins, ]mrt of the carifoes of said vessels attached, that sale of the same shall lie made at Sau I'Vanciscn, in the District of California, and that sale of miIiI M'liooner 'San l)iego," and all the other attached property he made at Sitka, in the District of Alaska. Thirty days' notice of such sale to be given at each of the places wiiere Uie sanu^ are to he made, hy pnstiii;; such notice, or hy publication in some newspaper published at such places respectively. And that said Marshal do have the moneys arising from such sales, togethi-r with the writ commanding the same, wt a District (.'ourt ot the United States for this, liie .said District of Alaska, to be held on the first .Monday in Septcml)er, 1S87, and that he then pay the same to the clerk of said Court, Clerk's Office, United Stales' District Court, District of Alaska, Hitka, March 10, 1887. I, Andrew T. Lewis, clerk of the said Court, do certify that tlie foregoing transcript of the record in tlie ca.se of the United States v. the schooner " Thornton," her tackle, apparel, &c., on libel of information, pending in said Court, has been compared hy me with the original, and that it is a eoirect transcript therefrom and of the whole of such original, except the full text of the exhibits referred to in the testimony therein, the purport of which only is slated, and that the ])urport of said exhibits is correctly stated, as the same appears t)f record at my ullice and in my custody. Witness mv hand and the seal of said Court, this Idih day of March, 1^87. (Seal.) ANDliKW T. LKWIS, C/n/t. No. '14. Till' Marquis of Salishuri/ to »S';> L. West, (Telegraphic.) Forciiju OJ/icr. AuijusI '1, issy. I ilAVK received your (Us|);itch of Ilie 12lli ultimo. Were juilieial documents communicuted without obseivation liy llie United States' Government ? Xo. I.'l. f^ir L. West In llir Mdrrjiils of Salishuri/.— (Rrrdrid hij telrt/raph. .UkjusI 4.) Mv l-ord, Wiisliliiijliiii, AiKjiisI t, ISs". I IIAVI'", the lioMoiir to infonii \oiir F,or(!shi|) llint tlie judieiid doeuiiienls alluded to in you" Lordship's teleijratii of tlie 'Jiul inst;int were, at my r((|uisl, forwarded to me by t!ie .Secretin y of State, lor llie iiiforiniilion of lli v iM:iiesly's ( !o\rinted cojiies of the records in the United States' District Court for the District of Alaska in the cases of the British Columbian scaling schooners " Onward," " Carolina," and "Thornton." I should be glad if you would inform me whether the owners or masters of any of these vessels have entered an appeal against the .(udguiei.ts delivered by the Court, and whether, if they have not already done so, such a course is still open to tlieni. It is also desirable that Iler Majesty's Governrueut s-hould he furnished with a full Ke|)ort of the proceedings at the trials of the masters, which resulted in their conviction, and sentence to iiiiprisonnient and tine. 1 have turliicr to r<'(|uc'sr that you will euflravour to a'-K'itaiii iiiid to repoil to me when it is prohai)le that the a|)peais refeircd to in your dopatches of the '.'nd April, lfSH7, and of the litli .May, \^>^1, respectively, ot the owneis of the Anuiiean ships which were .seized on siuiilar grounds, will <'on)e on for hcaiinij, and •Ahi'thiT any anauge- ni(nt has liccn, or lan now, in your opinion, advantaireously lie made between the owners ol the British and American vessels on the one side and llie Governtncnt of the Unittd States on the other, that one of these eases should he resrarded as n test ease, by which, in so far as the .Nnierii'an le^al Tvilinnals are concerned, the reniainiiii,' cases mi^hl he held to be eoneludcd. It must, however, lie eleinly underslood that any such arrani;(inenl, if n.ade, would only atlrct the Ic^al rcnicdies which were open to the niasteis and owners of these vessels in the American Courts, and wcadd in no degree liiiut the rii-ht (d Her Majcsly's (Jovern- nunl, alter all such leual rcniedi(s were considered to he exhausted, to intervene through diploniiitic ehaniieis and on international grounds on heh^dl of such masters or owners. It is presumed that iUe records of tlie proceedings in tin; cases of the seizures of the Hritish schooners which accompanied your dciiatch were conimunicatcd ollieiaily to Her .Majesty's Legation, .ind, if so, I rcipicst that \cni will lurnisli me with a copy of the note by which they were accompanied. I am, &c. (Signed) SALISBURY. No. 48. Sir /,. IIV.v^ to the Manjuis of Salisbury. -^{li en ivnl Auyv.il 20.) .My Lord, W'lifhinijtun, .UnjuU 1.'), IS.S?. IN obedience to the mst ruction contained in your Loidship'.s dtsp.iteli ol the lOtli nislant. ! infonnid the Sccrelurv of State that three Briiish Colundiian .schooners 7S had Ijccii sui/cd in Ucliring'!* .Sea by llic United .Stiitos' cruiziTs it Itiiifj dislanci.! Iroiii Sitka, and that several oilier vessels were in liiglit beini; towed in. I also intimated to Mr. Hayaiil that, in view of the assuranee.s i;iven in his mile ot' the .'ird Fehrnary last, Her Majesty's Covernnienl had assinned that, jiendint,' the conclusion of {iiseii.-.,-,ions between the two (iovernnients on general (|Mesti<)n» involved, no I'nrliier sei/nres wmdd iio made by order ol the L'niteil Stale.^' (iovernnient. ' o|>y ol' my nute is lurewilli inelosed. i have likewise tlie honour to ineio-e t,> your Lnrdsliij) eojiy of a note wliieli 1 have reeeived m reiilv 111 the above eonniuniieaiiiiii, in which .Mr. iiayard stales thai hi' can diseovcu- no ground whatever, lioni the i .\i)rcs~;ii!is eonlaiued in iiis note lelerreil to, lor the assumption by ller -Majestv's (Iovernnient liiat it contained any sneh assurances, but that he will uiieertaiii without delay wlutiier the ciieunislanees attendant upon the eases of the seizures in (luestion are the satne as those which induced tlie Kxeentive to direct the release of the ve88ei8 mentioned in his note of the -"ird I'chruary. I have, &e. (Si-ned) L. S. SACKVJLLE VVliST. .\H HI .i.A- Inelnsure 1 in No. I>. .Sir /,. IVrxl III Mr. Iliiiinnl. Sir, ■ IVashitigloii, Atiijust 11, 1HH7. I ll.Wli llie honour to inlorni yon that Jler Majesty's (iovernnient havi; received a teleizrarn from Ihe Coniniander-in-chic I' ol Her Majesty's naval liirees in the I'urilic, dated Vietiiria, IJritish CJolnmiiia, 7th August, rejiorling tin; seizure by United States' cruizers ol tlnve Hritish Columbian scalini,' schooners in Hehring's Sea, a long distance from Sitka, and that several other vessels were in sight beini; towed in. In conveying this information to you, 1 am requested at the same time by the iNhirqnis of Salisbury to state that, in view ol the nssnrunees given in your note of the Mrd February last, Her Majesty's (iovernmcnt had assumed that jiending the conclusion of discussions between the two (iovenimcnts on general questions involved, no further seizures would be made by order of the United States' Uovermnent. . . , . 1 have, &c. . , • (Signed) 1.. S. SACK VILLI-: WEST. Jnclosure 2 in No. 48. Mr. Bayard lo Sir L. iVesl. Sir, Drparlmenl of Stnip, fVanhiiiriton, /iiignxt 1.3, 1887. I HAVL tlie honour to acknowledge the receipt of your note of the lltli instant received yesterday afttrnoon, informing me of a telegraphic comnnniication from the (Jomnmn(lcr-in-chief of Her Majesty's naval forces in the I'acilic, dated at Victoria, British Columbia. August 7lh, reporting the seizure of three British Columbian sealing scliooners " in liehring's Sea, a long distniice from Sitka," and that " several other vessels were in sight being towed in." The rercrciHc In my note to you of the .Ird I'ehruary inst, which you make under the instruction of the Manjuis of Salisbury, has caused ine to examine the expressions contained therein, and I can discover no ground whatever for the assumption by Her Majesty's (iovernnient, that it contained assurances " that, pending the conclusion of discussions between the two (loverr.mcnts on general 47 to the Miirquis of Salisbury. — {Recrived September 1.) (F.xtmet.) ■ ]rashitujlon, Auyiist 20, 1887. IT would appear from Ui'ports of Captain Sbi'pard, of the I'nited States' Ilevenue cutter " Rush," that the "Say ward " was captured .Id miles and the '• Dolphin ' 40 miles (roni Cape C^heerful, while the " (irace'' was seized It.") miles from Ounalaska. Cape Cheerful tloes not appear on any Map nr Chart, but is supiiosed to be the northernmost point of the Island (if Ounulaska. The Islands of St. (icorge and St. Paul (I'ribylov Islands) ore distant \bO miles from Ounulaska, so that at the tiini' of the seizure of the " Grace ' that vessel would liavf been H.'i miles distant from them. To reach the bri'cding-groinids on the Islands of St. Ucorge and St. I'.iul, tiie seals pass regularly through the channel which separates the Island o! OunalasUa from the Island ol Akntaii, and that which separates Akutan from the Island of I'nimak, called respectively \\w. Akutan and Lnimak |)as8es, and it is here ihal the sealers lay in wait for theni on their passage. It is niaintaiiKd that the capture ot seals id ihis :■ anncr is in violation ol section l'J."'l> ol the Revised Statuies of the I'nited Statis, and that ships i^o capturing them are within the linnls ol Alaska tiTritorv or ni the waters thereol. I5ut, apart from the (|ucstion of territorial linnt, and right to seize vessels in the open sea, it is argued by impartial persons that unless some anangement is made lor the|)rotec- tion of these valuable animals on tlnir passage to the breeding-grounds, the (jenus, as in the ease ol beuver, will graUunHy become extinct. m It is a known fact, that few, if any, seals |)ass outside the Ishnui of Ounaiaska to tlieir liricilinjj-grounds, wiiieh exist only on the l'ril)ylov Ishmds, und tliat their passage it U9 rej'ular as tlieir breeding season. No. 61. Sir L, IVent to the Mari/uiii of Snlinhury, — (Received Se/ilemhrr 1.) My Lord, W'ashinyton, Auyunt 22, 1887. SINCK writing my preceding despatch I have received privately Ironi Mr. Ilayard CO|)ies of the Reports of ('a|)t;iin Sliepard, alluded to therein, respcetiiig the seizure of the Uritish vessels ".\niia Hcek," " \V. 1'. Sayvard,' "Dolphin," and " Grace," copies of wiiicl- 1 have the honour to inclose to your Lordship herewith. The State Department is not in possession of any further information. 1 liavu, &e. (Signed) L. S. SACKVILLK WLST, I'.S. — I have communicated co])ies of Captain Shepnrd's Keports to the Governor- General of Canada. L. S. .S. \V. Inclosure 1 in No. 51. .)//■. I'liirchild to Mr. ilaijard. Sir, Trciism-ij Dppurlmi'nl, Ainjiisl 10, l.^'H". I HAVE the honour to aeknowledu'c the receipt of your letter of the l.'5th instant, in which you refer to information received through the Uritish Minister as to the recent seizures hy United States' rruizers of three British Columhian sealiiig-sehooners in Hchring's Seu, and rcipiest such inlornintion as this Department possesses or can obtain from its .Agents relative to said seizures; and, in reply thereto, I inclo\\\, the British steam-schooni r " Dolphin ultimo. the I'Jth, and the British steam-schooner "(irace" on the 17tl: Rcspectfidly yours, (Si-ncd) ('. S. KAIRCIilLD, Secretary. Inclosure 2 in No. 51. Captain IShepard, U.S.R.M., to Mr. Fairchild. United States' Revenue Marine Steiiiner " Rwili," Sir, Oiinala.-hi, A. 7'., .Inly 4, 18S7. 1 ll.WL the honour to report to the Department the seizure on the IJOth June of the Rchooner "Challenge " ol Seattle, Washington lerritory, II. B. Jones, master, and Albert Douglas, of Seattle, Washington Territory, ['resident of the Douglas Fur Comjiany, managing owner, for violation of section I'.Xil, Revised Statutes, — the having skins of female lur-seal and skins ol unborn seal on board, which latter the ea|)tain and mate admiited were taken from the female seal killed by themselves or the crew of the vessel. The " Challenge " when found was anchored at Akoutuu Island, Alaska : I took her in tow of the " Rush," and |)roceeded to Omialaska and delivered her skins, 151 in number, to the United States' Deputv .Marshal at tiiis place, and have taken her arms and aminumlion on iiuard the " Rush" lor sale Keeping. The eri'w, consisting of lifteen men all told, were shipped at Fort Townsend, Washington Territ(ll seal-?kni», to the I iiiled States" Dep.ity Marshal at Oun alaska. .No arms or ainmniiition were found mi hnard. ,\s the ofliei rs of tlnse \osiK have to he niki ti heliire the I'niteil .^latcs' District Court at Sitka for trial, to whieh place tlieie is no e-tabli^hed mode of eonvevaiiee from here, I have placed tne iilli'crs and crews of hntli vessels on hoard the schooner "Clialleni;e"anil dispatched Hciijamin l,(ireii/en, one of the crew of this vessel, duly ipialitied as a hepiity United Stales' .Maishal, in charjic, to Siika, with instructions on his arrival ut that place to deliver the vessel, eaptains, and mates to the United States' .Marshal, aia' to set the crews at liiierty. I,oic:i/en to remain at l//," Sir, Oiiniiliiski,. .Ihi..l„i, .liil,/ \\, iiifi~. I F1A\'K the honour to inform the Department that on theijlh .July in the nehriiiLr's Sea, latitude M' 43' nortli, longitude Iti"^ .">r wi>t, Cape Checrlul. ()unala.-ka Island, hearing south-east, true IV.) miles uistant. I hoarded and exainincil 'he l?riti
  • ii:ned) I., (i. Slli;i>,\RD Inelosiire 1 in No. "il. Vuiilaiii !^]i. Oiiiiiilii.iliir. Jhi.slid, Jiihi \'^. I "^^7. 1 llAX'l'; the honour to inform the Department tliai on the 1-th .lulv in the Hclirinn's Sea, latitude M" .'»•?' north, lonuiiude Kir" .'-O' west. Cafe Checrlul, Ounalaska Isl.nid, hearini; south-east ^ south, K) miles distant, I boarard the sclmoner while we were near lier, and three; skins troin seal reeenlly killed were Ibi.: d in the hoat. Seized tlir vessel lor violation ot section 19'>6, Revised Statutes, and tninslcrrcd her arms and ammunition on hoard the " Ru>h." >iz., 4 hrei ch-loadin^' rides, L'(i hiccch-loadinu' shot Liuns, 10 nuiz/lc-loadini,' shot i:ui\-, I homh jjun, 1 revolvers, .'!,I(I4 rounds aniinunitiim lor ImcccIi luadini; rilhs, "i.'id rounds aminunitiun for shot i:nns, I kcirs imwdcr, .0(1 Ihs. shot and other small :nninuniti<)n. Seized the I lirceeh-loadini; rifles and ammunition for same lor vioiiition ot section l!),"i,'». Revised Statute s, and scetinr. 1, I'..\ecntive Order No. .VI, dated the 4th May, |h87. 1 placed Lieutenant Dunwoody in charge, with instructions to take her info Ounalaska, where she arrivi'd the followinjr day. The erew consisted ol •-rven white men and twenty- six Indians from Ihitlsh Cuhiinhia. On the 17th .luly.iii tlir lichrinu's Sea, latitude .'(j- A' north, lon-itude Kjn" 40' west, Cape Cheerful, < Junaiaska Island, heaiin;; south-east \ east, !»•) nnlis distant, 1 hoarded and examined !lii' Ihilish ■•Icim-schiionei' " Clraee," 7'i ,'',,",, tons rej^istcr, of N'ictoria, nrilish Cohnnhia, William I'vlit, ma-ter, and .1. 1). Wairen, of \ictoria, Hrili-h Cohnnhin, niaiiaj;inir owner, and found her to he on a sealing voyage; had h.cn ten days in the Hehring's Sea, and iiad 7'">II seal-skins on hoard. \\ hen hoarded .-he had twelvi! canoes and one hoat out himtini; seal. Saw one seal siiot aneei Stalutes, anel see'tion 1, I'^xeeiitive ( )reler Ne). '),'{, datiel liie 1th .May, 1>'N7. Ihr ere:w eeiii.-isleil e)f (i wiiite' men, '_M Inelians. a;iel I Chiniman. I'iae'cel Lieutenant i$enham in ehar«;e', and alter waiting seven heiurs feir her canoes to relarn — se)ine of which liael hee'ii a le)n;,' eiistane-e fremi the vessel — took her in tow uiiel ])roeeeeleel to Ounalaska, arrivini; at !)'".0 a.m. 1 li-'ve delivereel the se'al-skins from these vessels to the I'nite'd Slate.s' De|)uty Marshal ai this ])laee. anel will send the vessels in eiiarire uf men frenii this vessel duly ipialitieil as L'niteel States' l)e|iuty .Marshals tei Sitka, to he dclivereii te) the I'nitiel Stato' Marshal lor the; district of -Alaska. liy le'ejuest e>f Captain .). I). Warren, e)f the- '• Deilphin," mana^diifc owner e)f (he sehe)e)uer "Anna lie'ck " (seizeel the "Jn;! .luly, as previe)iisly iepe)rted), 1 will seni her to Sitka in like' m.inner. .Vise) on the- IHlh .Inly, in the l'.ehriiiy;"s Sea, in latitude .")")" 4G' noi*h, loni;ituele 170 .'iN' west, Deliiiii I'eiint, Si. (ieorjic's Island, heariuiC iu)rtli .SO' east, (iS uides distant, I hoareli el ;iihI e',\aniineel the sehoenier •' Lily L.,"' '!•> I'lj',, tons register, id' .San Francisco, Calitornia, .1. W. Toeld, nia.-ler, and C. I). Laelel, eif San Kruneise'o, manaKini; o viier, and found her tei he e)ii a sealing voyage. Hael three hoals out at the time', e)ne e)f vhich on returning te. the vessel ee)ntaiiieel two seal re'e'cntly killeel. Captain Toilel anel .M.'. Ladd, represe'iiting the- e)ttner, aeimilte'el they came inte) these waters fe)r the purpose, and had taken se'al in the- Melniiig's Sea, anel claiiiie'il a right tei de) so anywiiere! outside the O-niile limit freiiii the >heire'. I se'ize'el the vessel lor vie)latie)n eif se'ctiein l!)5(i, Keviseel Statutes. There bcinR only iwe) e'e)minissii)neel e)tiieers on heiarel this vesse'l, 1 plae'eel Ihiatswain Winslow on hoarel the schooner tei repie-enl the' Limted .'^latcs, and iiistrueteel her captain to take her into Ounalaska, which he agreeel tei elei, there lie'ing too niueh .sea running at the time to under- take tei low her lei thut place. On her arrival I will make further leport tei the; De'partment. I am. &e. (Signed) L. (;. SIII'M'ARD. No. 52. Admiraliy to Forcujn Ojjicv, — (Received Scplvmhcr 7.) Sir, Jdmiralti/, t>eptemhcr H, 1887. I AM cominandeel hy my Lords Cotnniissioners e)f the Aeiniiralty to transmit to you herewith, feir the perusal of the Muiejuis of ■■Salisbury, the acconipanying copy of a letter of the 'Jtli August from Uear-Admiral Sir M. Culnie-Seymour, with its incloBurcs, 83 rc'8|i(!ctiiiif the seizure of the IJritisli ('()luml)iiiii .seuliiii;-s(liooiu'rs "Anna IJeek " unci " \V. I'. Sayward," l)y iiii AtniMicaii Ucvdniie stcmner in llic Hi'iiriiiLj's Sim. 1 ant to rei|iu'st that these (iocumcnts niiiy lie torw.irded to tlic Colonini Odiee, witli a rciiiicst tlml tiiey niiiy eventually be returned to tliiK l)e|iai-tnient. I am, \c. fSi-ined) H. IJ. ANVDJIY. Iliclosure I in No. 'i2. Kfdi-.lihiiinil Sii/inniir to .iitmiiiilhi. ^\r. " Triumpfi," III Ksiiiiiiiiiill, .Unjust {), 1887. IN eoiifirmation ()(' my teieirrntii nl' till' 'ith iiistnnl. I have (he honour to report the Hritish Columhian sealinu'-sehooners " .\nna lieek," " l)n||)hin," and " W. !'. Sayward" were seized in the l>elirin","s Sea. hetwien the 'Jnil and I'-'th .lulv hiit. hv tlie American Uevenue steamer " liusii," and were towed to Ounalaska. .Mr. Andrew Lainu, mate and part owner of the " \V. I'. Savward," eatui- down here and returns to-dav to Sitlia. ile lias made the follow in'.; statement to me : — '• '{"he ' W. !'. Sayward.' of Vietoria, entered neiirin^'s Sea on the i.'nd July, liaving on hoard 17!) skins, proeiirid off tiie wist eoast of Vancouver Island, A'e. On the !)tli she was seized l)y the 'Hush' ahout "»ll miles to tlie northwiird and westward of Ounalaski', and was towed to Ounala-ka, which took twelve hours. The skins on hoard were put intr) a liy;hter and t;iken to the Ala-I.a Counnereial (oiupany's store. A <|uarter- master was ])ut on hoard ami the schooner sent to Sitka, the eap'.aiii ami myself heing hroii^ht hcfoie Ju(l'„'e Uawsoii and hound over to apjicir on the L'L'nd August to answerj^a ehar.w of Icilling seal* in American w, iters.' " .No seals whatever had heen tikeii since we entered Hehrin;;'s Sea." I am inlormed that as the " Olympian,' nn American excursion steamer, was leaving Sitka, she saw a steamer "omim; in witii several schooners in tow. I inclose a copy of ti indictment .igainst the " \\'. I'. Sayward." a copy of thc'dcelura- tioii made hy .Mr. .\ndi'cw l.ainir iiclore a .Notary I'uhiie at \'ictori:i. and also a cutting from tiie Vietoria " Daily Colonist." I have, &a (Signed) M. rULMK-SEV.MOUIl. Inclosurc 'J in No. '<2. in the District Court of the United States for the District of Alaska. United Stiilcs V. (iro. li. i'eif/ iiinl .(. Liiinij. — liitoriiiiitioii. District of .\laska, ss. (;i:()IU;i-; K. KKHUV and a. I.ain- are accused hy M. D. Hall, Tnitcd States' Di-lriet Altoiiicy for .Alaska, hv this iiiloriiialion, of tiie crime ol kiUiiii; I'lir seals within the waters ol Alaska Territory, commit tul as follows : - The said (!eori;e I{. I''eriy and .\. I ain,'. on tile Stli d;iy of .Inly a.m. I^*"*?, in the District ut'.Maska .'ind uilhin the iurisdietion of this Court, to wit, in lieliriii;_''s Sea, within the waters ol' .\laska Tciritory, did kill ten fur sciis. contrary to llu' Statutes nf the Cniled States in such ease made and provided, and afiainst the peace and diunity of the United States of America. Dated nt Sitka tlie 2:ird day of .luly, 1897. I. M. I). I'all, l,'nlt(-d States' District Attorney for Al,i.-ka, iH'iii:,' duly sworn, say the williiii iiiHirniatio'i is true, as I verily helicve. (Si!:iicd) M. C. D. HALL. Suhscrdicd and sworn to hcfore me, this i?.'ird day of July .\.i). |.Ss7. (Sinned) II. K. II.wikin. Ch rl: {V>\ A. A, .Meyer. Deputy Clerk). I 'I ililV thai the witliin is u true cepv of tiie information filed in the cause. (SiLMiedj II. K. lIwiKiN,' CIrrL- (\\v A. A. Mever, Depute Clerk). [128] .... ^^ ^ M IVrsonully a|>|K'aii'(l Ijcl'orc use, Montafiiic \V. Tyrwliitt Drake, Notary I'uMir, iluly nutliiii'i/c'(l, adniittcil, uiul sworn, rcsiilin;^ and |iractisin<; in V'ictorlii, Dritish Coliiinhif), Andrew LiiiiL'. mate ol' tin- Itritish seliDoiur " U'. 1*. Saywanl," who slntes the ahove- written inlorniation was served upon him hy Mr. M. I). Hall on lie 2.'tr(l .lely, H*^?. (Signed) .M. \V. 'rvitwnirr DitAKi:, Satnnj I'uhlir. Iiiclosure 3 in No. .OS. Dirliinilioii, I. ANDKKW i.AINr..(.rVietnria,m;itei,rther.rifish seliooner " W. 1'. Saywnrd," do golcnndy and sinceiciv deelare that I lelt Vietoiia, ISriti-i) (,'iilumhin, in the schooner " \V. I'. Sayward " nn the Hllh dav of Mhy, |s*>7, Ixmnd on a se.hn;^ voyi»i;e, with a crew ol seven men and sixteen Jiidian hunters with ei^^ht canoes. We eoninienced .sealilif; o(f Ciipe Scott, on till' north ol' N'aneouver Nl.md, and kille(i \7'.> fnr-seals in the I'acdic Ocean, and cntencj the liehriiin's Sea on the '.-nd .luly, 18^r, passim; between Uinnuck Island and tiie Island ol'the h'our Mountains. The weather was veiy thick and foggy, and W'j did no sealiii',' in Uehrini;'s Sea ii\ conse(|Ucnep. On the !)th July we were captured hy the United .States' stcatnei " Kiclmrd Rush," heing then from !!<• to 10 miles olftlu' nearest land. We were taken in tow to OuualasUa, where wc arrived on the 10th .lulv, and tlicy luid \is alon;;side the steamer "St. Paul," l)eloiii;inj; to the Alaska Coimnercial Coinpiiny. 'J'hey rcinoired the sealskins and took them ashore to the wharf and put them in the Company's warclKnise, ami they resaltcd the skins with silt taken from our vcs>el. 'I'hcy ])Ut an ollicer t'roui the " l{u~h " on board and towed us out to sea and told us to ^) to Sitka. ^Ve arrived there on the 'JJnil .July, and on the ne.xt day an invcstiiration was held before .liidgc Dawson, who bound n^ over to appear on tile l.'.:nd Aui;ust for trial, '{"he vessel was Icit in ehari;e ol' the United States' olliecrs, and we were only allowed to remove our clothin!;. The Indians were left to fuid their way home as they could; they were about 7<»l) miles from their villaires. 1 tintliur say that when we were taken I spoke to the Captain of the '■ Hush '" and told him we had not taken a seal in nehri'1'.^'s Sea ; he replieil ; " 1 am ■•orrv (or von ; I have to obey orders, and take cvery- thini; 1 come across in hjbring's Sea." .\nd I maki" this solemn deelaiMtion by virtu<' of the .Act jjassed in tin. thirty-seventh year of Her .Majesty's reign, intituled, " .\n Act for the Suppression of N'ohmtarv and Jvxtra-Jndicial Oaths." (Signed) A. LAING. Taken and diclared hetore me at A'ietorin, this 8tli day of August, J887. (Signed) .M. W. Tviiwiiitt Dk.vke, Notary Public. Inclosure 4 in No. .02. Exlrncl from I he " Victoria Diiili/ Colonint" of Auijusl 6, 1887. Se.m.krs Si;izi;i). — .\\()tiii:i! I'iii.viic.m- Act hy riii'; Ami,iuc.\n IlEVKNirE CurricKs.- The " (Olympian," which arrived from Sitka yesteiday, hrounht the startling news that another lot of IJritish and .\meriean schooners had been cLi|)tured by the llevenue culttr " liush.'' and taken to Sitka, and that as the steamer was leaving the Revenue entter again hove in sight, having a nundjer of schooners in tow. Those in .Sitka arc the \'ietoria schooners " l)ol|)hin," "Anna Reek," "(ir.ice," " \V. 1'. Sayward,'* and the American schooner " Challemier," of Seattle. With the schooners seized last year this makes seven Rritish vessels now in charge of the Alaskan authorities, and they will, no doubt, be added to, as it seems the intention of the Americans to seize every schooner that they can secure anywhere within the wnters of IJehring's Sea. It was not thought probable that such mciisiires wonlil have been taken in the face of information received from Washington and (Jttawa; however, a lack of di|)lomncy or of energy seems to have prevailed, and no decisive answer was ijiven to the oilicial <|uerieg made to the United States' authorities in regard to the j)rograinine they purposed following during the present .season. 'i'he lollowing statements of several of the captured sealers is taken from the "Alaskan" of the 3()th July :— Cai)tain Olsen, of the steam-schooner ".Anna Hock," stated : — " i left Victoria on the 7th February last, clearing at the Custom-house for the purpose M of II scaliiii; iiikI tisliiim tri|» to the west coast ol' Vaiicmivrr Isliind, tho North I'ncific Oi'ciiii, 1111(1 till' IU-liiiM'.;'n Sea. " At III'' tiiiii' tli<' |ia|u'is were issued liy Mr. A. H. Milnt, ('nlli'cior ol' ('iistoiiis, iio tliilile no oliM'i'vation aliimt my vessel li>< wcic issued L'iviiiu' nil" sueli |ieiiiii«siciii, there was no reiisnn «|iy I slioiild not tisli in lieliiiii.;'s Sea, and liad 1 aiitiei- paled that tiiere vvoiiid lie any Innilile I would mil Ii:im' stiiiteil on a voyage Cor sueli ii ]iiir|iose. " It was the eoniinon talk aiii(inf:st the people of \ ieloiia -.nut we weie p<'rl'eetly safe in tisliinir. as the Anicrieaii (iovennnent would not inuke any sei/.ures this season. I don't niideislaiid v.hy my vessel was seized, a» pfMsoiiiilly I was not en;.'ai:ed in entehiii!; seals. I piii'eliase tile seals from the Indians for the iinners of the seliooiier, and 1 have no control wlialcver on the natives after tliey le.ive the vessil in their own canoes. I am not n.'spf)!isil)le if lliey ciiteli seai.s after lliey have left the scli(jonei's side ; they can come and U'o win II ihev pliase." Hritisli (ieori^e It. Kerry, the ( aptain. .\. I.;iin>;, the mate iind pari owner o! the W. V Savward d Mi veele, male ol the it 'aiil \\ (' liavi' iieard read tl pariii'iilar. tatcnient of Ciiptain Olsen, and aLrice willi ii in e very Michael Kecle: ' It is cerlainly a straiiL'e tliini; for the Ciistom-lioiisc at \'ietona to have issued jiapers to us perniittinf; tisliini; in lielirini: should the Collector have eleaied the vessel: I'll. If it was not ]e;ral, why 'I'lie mneral idea ol sailors is that no t'lisloin-honse will issue papers to any vi American schooner ' ( 'hallenner :' — 'I left Seattle on the I. '.til .April last, eleai ill!; at I'oit 'rowiiseml at the ( 'u«t(.m-iioiise fur a huntiiiL' and wahus trip to the North I'acitie and ;\ictic Oceans. 1 sculcd w, |||(. enast .'id or -10 miles lar nortli as the Aleutian Islan I iiavi' iicM'r I'slied fur III I'hriii: Sea. .My schooner was seized in Akutaii llarhour. whitl.er 1 pioeeeded for llie purpose of cicaniiij; the holtom of the vessel and takiii,' in a supply ol water. Tlie harbour is on ■ \kutan Islaiwl, situated nearer the I'acitie Dceaii than the liehrin^'s Sea. There are two |iassai;es helwceii the North I'acitie Ocean and the lieiiiinu's Sea at that point, one being lhriiu"li Aki iim i'ass and the other ihroii^'h rnini.ik I'ass. 'I'iie .Akuiii I'ass In ill of eel's and the I'liiniak I'ass heiiiLr cumparativeiv sa I II IV vesse and t lie 1 eliose the latl. inlendiiiLr to clean iKc in a siippiv ol wa.ei. Wh, wheliier to come hack in I lie Pacific (J{ can or to ke anelioieiiiii ol Came and .Miinsie, of this eily : — (Co|>y of 'J'elegniin.) " \]'ii.ihiiii/t(i7K l>. ('•, .1(111111111/ "jO, ISS". "To Judge Ijufayettc Dawson and Mr. I). Hall, District Attorney, Sitka, Alaska. " I am direeted by the I'resident to instruct yon to (iiscoiitmne all further proceedings in the matter of the seizure of the British vessels ' Cridline,' ' Onward,' and 'Thornton,' and disebarite all vessels now held under such seizure, and release all persons lliat may be uiidiT arrest in connection therewith. (Signed) "A. II. Ci.\\i\.\si). Allor)iiii-(leiicr(il." (Co])y of Order.) "To Harton Atkins, United States' Marshal for the District of Alaska. "You arc hereby directed to iclease the vessels ' Carolina,' ' Onward," ' Thornton,' and 'San Diejjo,' wliicli were seized in Ikdiring'.s Sea lor \iolation of section 19.jtj, United 80 Stutca' Statutes, togctlier wit)i tlicir tuckk-, upparul, xkiiiH, guiiN, aiiiinuiiitioii, sinull lioiitti, and t'vt'iy tiling |ii;rtuiiung to said vi'ssc's. "Tills I'JtIi day of Fclirunry, 18 ,7. (SigiiKJ) " I.AKAVKiri: iJ.vwsov, " Diltri l JikIijv, Dlstriil nf Mnxlm" It wuuld appear Ikmii tin- aliuvc thai the (Hi ted State^t lia-i lur seal-skins IIM'ill liritisli se the dili'.'icnt prize vessels, the American sc^honner ' C'liallenger, W P. Savward ' Jn-ck id the .Ml the above-mentioned .seal- were paek(xl and salted in a kiiieli in o:ie of the Alaska Commercial Com|)any' w.ire!io'.i;L's, awaiMUii her iiisiruel from tlu' Marslial. «7 "Thf ' Anim Heck' lins liccii (lisiimiitlcd and a coniplcti! inventory taken of tvery- tiiiiii; on i)nar(l. "The li,fl>»'2 sfiil-skihr, flic result dI last yeiir's seizure^, were sliipjx'd consisfned III tile Mai^lial nn the Alaska ('niniiien ill! ('iiiM|iai!y's steamer ' Dora,' wliicli Irll Oiinnlaska (in tile Ntli July lioinid to San Francisco. " Niiieiei II liidiaiis ami tliice sailors, lielonf^inj; to tlie ' W. V. Payward,' and two of llie ' ( 'lialliiij.'ei's ' erew, left Sitka ill the early part ol'tlie week on board several canoes and line liout, '/I i(/i'/'' for N'icKiria and Scuttle. They took with thein a lar^'c siip[)ly of provisions I'lirni^lieil hy tint cuniiiiinider of the 'Say ward.' " .Marshal Atkins lia.s received advices I'roni the l)cpiity..Mar>hal at Ouiialaska under a ivci'tit date, slatini; that the three Uritisli Kcliooners sei/.ed last Angiist in the liehrinti's 8cii ai!:l 111) A' lyinj; at Onnalaska arc in ijood condition, every eare having' hecii taken to pi'itecl tliein Irom injury. One of the vessels, which was in a lealtv ''(-ndition when first e.iplincd, was h^aehed in oriler to save eoiitinnons iiuiii|iinir. ■•In the District ((inrl mi Tuesday iiinriiiiiir, 1 1. 15. .lones, ea|)faiii. iiul Carl Flriekson, mall' of the sehiioncr ' ( 'h:dl( iii," r,' I.oiiis Olsen, eajitain, and Mieha I Kiel'e, male ol the steam si liooiier 'Anna IJeck,' and (icoi;;!' K. Ferry, ca|itaiii of 'lu schooner ' W. I'. Sny- ward," a]ipeared ill lore .liid'^e Dawson and iimde an apjilieali I' ' at llic) Ijc perniiticil to hUirender tliiir honds on the uroinid iii..f lliey wi re devoid of the funds ii' cessary for ihiir suhsi'i ■'.'■!■. The Conrt trninfed tlii' applieaf ion, and oriicred tliat liic defendants bo placed in the nistody of the United Slates' M irslial. '•The arms and animnnilion seized on ti.e schooners ' Ciiy of San Diego' and ••••■urra'- coniprisiiii; in ail nine rifle- and ^uii' and about l.ldO cartridiics — will be sold by auetion in Sitka on .Mmiday, the Stli proximo, by the .Mnrslial. '!'he seized arms and aniiiiunitinn lakcn IVoiii the sehoiiners 'San Dii no,' ' Thornfoi:,' and 'Onward,' — eniiipii-iiiL' some filly rifles, bnei h-loadiiiL' u'wiis and rillcs. and several thousand round-, of aiiiiiiiinition, — will be ollcred tor sale ;it .liineau as soon us I lie necessary instructions arc riCi'ived from Washington. " lliiiinid'" Oitiiiion. The lollowin;r teleijrain is another iinollieial annoiinecment, and seems to be rather mil Ol harmony with the ollieiid acts iif the eommaiiders ol the Kevcnue cutler^ :-- •' \\'ii.I Civic (lovernments in order to emivey the deep feeling of indii,'nati(m entertained atjainst the ri'peatcd acts of lawlessness on flu- jiart of the American authorities, and their regret that better pi-otcetion is r.ot afforded our lishing interests. A. Laing, mate of the " W, !•. Say ward," arrived down from Naiiaimo last evcnins, having left the " Idaho " at that point. He corroborates the fact that the " Rush " was entering Sitk." as the steamer left, having in charge a nunilHir of sclioonei-s, the names of which were unknown. The Ainericatis evidently intend to make a clean sweep of the schooners scaii-g north (his season. Portions of the crews of the seized sehooners are on the " Idaho " and \till arrive over from Port Townsend to-day. A number of sailors and Indians have started for Victoria in boats. 88 ft wiia ri'portcd that C'iiptain MiniT, of tlic scliooiicr " lVtH;!o|u'," had ovfrpowcrod the iiu'ii |)Ut (III his schooner as n [)i'izi> crow, uiid wait now on hi!! way to N'icluria wtih liis unwillini; passongiTs. No. .")3. Tlie Man/uis of Halinbury to Sir L. fVe.it, Sir, Foreign Office, .Seplmiher 10, 1887. HY a dcsimlcli of tltc .'SOIh Ootohor Inst the late Karl of Iddcsli'ii;li instriicti'd you to call the attention ol' the L'liilcd Stales' Sccri'l.-iry of Stal(> to the eircuni- stanc'i's (if the soi/.iiro in Ik'hrins's Sea, liy the iVmerieaii eniizer " Corwin," of some liritish (Canadian vessels; and his Lonlsliip directed yon to .s(atiziiv(!s, orders had hciMi issued hy the i'resid(.'nt's direc- tion for the discontiimancc of all pendinu' proceedini;s, the discharije of the vessels referred to, ami the release df all ])ersous under arrest iu connection therewith. On till! Itli .V[)ril, under instructions from nie, you iiii|uired of .Mr. Hay.ard, in vi(>w of the approacliiuL!: lishim,' season in liehrini;'s Sea, whether the owners of British vessels mii^ht rely when not near land on heint; unmolested hy the criiizers of the Lulled States, and you .airaiii .asked when the record of tln' judici.al pro( ilinirs mii,'ht he ex[iectcd. .Mr. I'ayard informiMl you, in re[dy (12th .\prii), thai the ptipcrs referred tt) had reaehi'd him and wi-rt; lieini,' examined; that there had heeu unavoidahle delay in IVaMiiiiL,' appro])riate llej^ulations and issuing orders to the IJniti'd States' vi.'ssels to polici; the ^Maskaii waters; that tlu! I!e\iscd Sliitutcs I'ejatimr to Aliiska, Secti(jns J!),")(i .and 11)71, contained the Laws of the United Slates in rcl;ilion to the matter ; and that the Regulations were heing considered, and he uoulij inrcirm you at the larlicst day pos.>.ihl(; what h.id In en deciilcd, so that, jivilish and olhrr vessels might ijovern themsehcs aecordiniily. [ii view of th(> statements nuule hy .Mr. 15ayard in his note of the lird l''ehiuary, to which J have referred ahove. Her Majesty's (If vcriimenl .assumed that, peiidinir a conidusion of the discussion hi^tweeii the two (jovernments on the ^'(ncral (juesliou involved, no further similar seizures of JJritisli vessels would he made hy order of the United States' (ioverniuent. 'I'hey learn, however, from the contenl.'-'. of Mr. Uayard's note of the l.'5th August last, inclosed in yoiu' despatch of the L'ttli Auu:ust that such was not the meaning which he intiMided should he att.ached to his communi- cation of the .'{rd I'ehruary ; .and they dee|)ly regret to find a j.roof of their misinter- pretation of the intentions of the Liiited Sttites' (Jovernmcnt from .in .innouneenient recently received from tli(! Commander-in-eh'cf of Her Majesty's naval forces in 'he I'acilic, that sev(!ral more iiritish vessels engaged in seal-hunting in Jiehring's Sea have heeu seized when .a long dist.auce from land hy an .Vmerieau lleveuui; ves.scd Jler Miijesty's (Jovernmcnt have earefulls enusichircd the transia'ipt of record of the judiciiil i»rocee(liu;,'s iu the United St.ates' District Court iu the several eases of th(! schooners "Carolina," "Onward," and "Thornton.' which w^^e communicated 89 to you in July, and were transmitted to mc in j'our despatch of the 12tli of that inontli, and fliey cannot find in tlicni any justitieatiou for tlie condemnation of tbosc vessels. 'flic lii)c;ls of information allei^e that tliey were seized for killint? fur-seal witliin the. limits ol' .Alaska 'IVrritoiT, anil in the waters thereof, in violation of Section 1956 of the Iteviscd Statutes ol' the IJiu'ted States; anil the United States' Naval Com- nianiler Ahlx'V ei-rtainly aH'irnied that the vessels wen; seized within the waters o£ Alaska and the 'lerritory ol' Alaska; hut aceordiiu,' to his own evidence they wore seized T-'i, 11">, and 7*> niile-; respectively south-south-east of St. George's Island. It is not ilis])uled, therel'ore, that the seizures in question were elTeeted at a distance, from land far in excess of the limit of maritime jurisdiction which any nation can claim hy international law. and it is hardly necessary to add that such limit CMniiot hi; nilar^'cd hy any nniiiieipal law. Tile claim thus set up apjiears to lie founded on the exceptional title said to have hceii conveyed to tin- l.'iiitcd States hy JJussia at the time of tiie cession of the Alaska Terrilory. The jiretcnsion wliich the nie-siau (iovcrnment at one time ])ut forward to exclusive jurisdiclion tiwr tlie whole of Ih'hrinij's Sea was, hov.ever, nev(;r admitted eitlnr hy this eouiilry or hy the I'liitcd States of America. On the contrary, it was strenuously resisted, as I shall presently show, and the American (Jovcrnment can hai'dly claim to have received from Uussia rii^lits which they declared to h(! inad- inissihle when asserted hy the Itussian (jDvernment. Xor does it appear from the text ol' the Treaty of 1*^07 that I'ussia either intended or i)ur])orted t') make any such ffrant ; lor, hy Article I of that instrument, llussia aLtreed to cede to the United States all tlie territory anil dominion Hum possessed hy itussia "on the Continent of America and in the a'ljacciit islands" within certain u'coirraphical limits described, ami no mention was mai'i' ol' any exclusive rii;ht over the waters of Uehrinif's Sea. Moreover, whatever rights as rcijanls their respective suhjeets and citizens may lie reciprocally cniiferrcd on the liussian and American Governments by Treaty stipulation, the suhjeets of Her JIajesty cjinnot be thereby alTectcd, except by special arraui,'ement with this country. AN'ith ri'i,'ard to the exclusive claims advanced in times past by Ihissia, I transmit to you documents communicated to the United States' Conijress hy President .Monroe in J'^liii, which show the view t.'ilicn by the Anu>rican (iovernmeat of these preten- sions. In 1S21 the Emperor of Itussin had issued an Edict establishin;; '' I'ules for tbo limits of naviu;ation and order of coimr.unication alouL,' the coast of the Ivistern Siberia, the nortli-westcrn coast of America, and the Aleutian, Kurile, aiul other islands." The lirsl section of that Indict said: "The pursuit of commerce, whalini;, and fislicry, aiul of all other industry on all islands, ports, and ,i,'ulfs, iiicludiiii; the whole of the iiortb-wesi coast of Amei:ca, be^'inniiiL,' from Hi'brinLr's Straits to the "jlst deifrce of northern latitude; also fiMui the Aleutian Islands to the eastern coast of Siberia, as well as aloii^' tlu' Kurile Islands from liebriuir's Straits to the south C'aj)e of the Island of Urup, viz., to the I.') .">(»' of northern latitude, is exclusively j;ranted to i{ussian subjects ;" and sect ion :2 slated : "It is, therel'ore, ])rohil)itcd to all h)reii;n vi"-sels not only 'o |:ini| on the coast .•,:id islands hclonirini;' to Uiissia. as slated above, but also to app/oach Ihein \ntliin less than lOH Italian miles. Tbi- transgressor's vessel is subject to contisealion, .iIoiilt with the whole cari;o." A cojiy of t III se l!ei;iilalions was ollicially comniunieated to tlii! American Secre- tary of State by the Itussian .Minister at Washini;ton on the 11th February, 1S22; wln'ri.'upon Mr. <.v)uincy Adams, on the 'jrith of that month, after informinn' liim that the I'ri'sidenI of llie rnitcd Sl^i'i's had seen with surprise the assia'tion of a tenitorial ehiiin on the ])nrt of itussia, exteiiilini,' t)ther)lst dci^ree of iiorih latitude on the Aini'iican (.'oiitinent, a,iil a ItcLrulatiou inlcnlictimj to all commercial vess.'ls other than liussian, iijioii the penalty of i.eizure aiul conliseat ion, the ap]n'oaeh upon the liiii'l' seas within 1(HI Italian miles of the shores to which that claim was made to apply, went on to say that it \ias expected before any act whieb should dcline the boundary between the territories of the I'niled States and llussia, that the same woidd have been arrauiicd hy Treaty between the ]iartie.s. and that "to exclude the vessels of .Ainerican ciii/.eus from the shore ln'i/ond the ordmitrti distaiu'c to which territorial juiisilietion exieiuls has e\eiled still Lcrcater surprise;" and ^Ir. .Vdains asked whether the Itussian .Minister was .authorized to ^'ive explanations of the "grounds of ri^lit, ii|ion prineijiles L;eiierally recouiiized by the laws aiul usages of natious, which can Avarrant the claims and i!ei;ulatio!!3." [1281 N Tlic liussian .\fiiiistor, in liis reply, dati'd tlio 28tli J'clnuary, aftor i-xplaining liow I'lissia ,iai Hell Strait to th(' olst deifrre ol' north latitude, d on llie opjiosite sii le of Asia and the islands adjacent from tiie same Strait to the ITitii d("Lrree. 'i'lii; exti-nt of sea of which these possessions form the 'imits coin]irehcu(ls all the coinlitioiis whi(di are ordinarily attaelied to xlnil ««,v i' iiu'is fcnin'i'n'), and the I'ussian (iovernment min'ht eonsei|U(Mitly judu'c itself authorized to ("xcrcise upon this sea the rii^ht of sovereiunty. .-'nd especially that of entirely interdict ini,' the enliance of I'oreii^ners ; hut it prelern-'d only assert ini; its essential ri|j:lils Ti\ it hoi ut taki advantage td' localities. (^n the IJOlh .March Mr. Adams ir]ilied to the ex])lanations Lfiven hy the I'lUssian Minister. Ife slated that, Avilh respect to the pretension aehanccd in vesjard to terri- tor\. it musi he eonsldeii-d not only with reference to the (juestion of territorial riy;lits. Imt Iso to that prohiliition to the vess(ds of oilier nnlions, includini' those of tin United States, to approach within Idd Italian niilcs of the t'oasts. That from the p( ■rioii of t! e exisieiu-e o r the Illited Stales as a n inilepenu"n had frc(dv naviuatcd these se;is, the riirht to naviuatc them hcinu; a i)art of that t nation their vessels I) ind( 1" and with iv^ard to the snuijcstion that "the Hussian (Iovernment 1, mi^ht have justilied the exercise of soverciirMly o\er the I'aeilie; ()c(an as a (dose se because it elai.ms territory both its American and Asiatic shores,' it niav s\iHie( to say that the ilistanee from shore to shore on this sea, in latitude 51° north, is not loss tliJin ninety dei,'rees of lontritUih', or I.Otlit miles." ilr. Ada'ns eoneluded as Th(> i'resi(h'nt is persuaded that Ihi' citizens of this I'n follows : unmolested in the prosec\iti "iven to ;in interdiction manil'estlv iiu'omnatihle with their riurhts.' ion will remain their lawful coniincrec, and that no cIVect will be The ( (invent ion hetwi the L'nitcd Slates of Ameriea and Russia of the 17th April, 1Js2t, put an end to any further ]ireteiision on Hie p;iil of Itussia to rcslrici iiavii^ation oi' tishini;' in Hchrinu's .Sea so far as American citizens -vere concerned ; for hy Article I it was ay;n!ed that in any jiart of the (ireat Ocean, eonimonly called the i'aeilie (Jcean or South Sea, the respective citizens or subjects of the Iliirli Contractini; Powers shall neither he disturbed nor restrained, either in naviijalion or lish savini; cert.ain restrictions whi(di .ire not material to the present d oljiiwinu; similar slipiiiaiion in the Coinention bet wcimi this country .'ind llussia in the f year (l.'ith ^lay, \>^2'>) ]iut an end, as rcirardcd IJritish subjects, to the prei-iisions of liussia to \\liicli I have referred, and whicdi had been entirely repudialed by Her ^lajesty's ( Iovernment in corrcs|)oii(lence with the Hussian ( Iovernment in 1^21 and 1^22, which fi Jler Majesty's Go more ]iartieiilar infonnat ion 1 hiclose imeiit feel suri' thai, in vie <{■ 1 iierein. le considerations which I iiave set forth in this despatidi, wliiidi you will eommunieale to .Mr. Kjiyard, the Goyernmenl of the I'liilcd Slates Avill ailmit that the seizure anil condemnation of these Hrilish \csscl.s, and the imprisonment of their masters and crews, wi're not warranted by the eirciimstanees, and that they will be re.'idv to aiVord reasonable isation to those who havi illeri'd in eonsciiuenee (1 issue ininiei liati instructions to their naval ollieers wliicdi will prevent a reeiirreuce of these r(>L;reltab incidents I am, iV.e. (Sigiied) SALrSHintY. No. .")4. Sir II. Holland to llic Mnnini." of Lniixdovnr My Lord, IhimiiKj Slrrfl, Si'iili-mher 14, 1 SS7. \\ rril idcrcncc to jirovious correspondence, I linvc llic honour io aeijiiainl ymi, l<,r the iiiliiriiiation of your .Ministers, that the .Marquis of Salislnirv caused to he releii'cd to the Law Ollieers the correspondence which has passed lepectijii', the sei/.ine of the ihiee Hiitish sealiiiir-vesst'ls, the " riiortiton,"' the " t!aroliiia," and the " Oinviird," hy ihe United Stfiles' Kcvcnue cruizcr " C^orwin," in ikdiriiip's Sea, and tli.u Ihey ad\i.scd ihat ii claim for coinpensa'ion inif^lit ))ropcrly he made aj^ainst the Unite;) States' (joVL-riiii.ciit. 1 telegraphed loyou on llie 7tli instant thai it was pro|.-osed to prefer a eliiiin lor compensation against the United States' (iovernment, aiui iiKpiiiini; what uinount yeiii !>1 Ministci's would siisu'C^I ; i)iit iis ut presuiit lulviscil il docs not si'cni to mi' di'siralilo to {nit forwiivd till- chiiiiis wliicli iiccoiniianit'd your despalcli of tin; I.'itli .liiiiuarv, as some ot tliein are a[)|);iri'iitly mucli (-vaL'scr.itcd, and a ncv issm? would lio raised as to tlic rcasoii- ablctifss of the claims. Iti tlic incantimi', the Mai(|uis of Salisi)ury has addre-scd the dispatdi, ot' which I iiichisc a copv,* to ilcr Majesty's Minister at, Wasiiiii'.'loii, dcsiriui: hnn to comtniiuicatc it to the Si'cictary ot State. Youi' Ministers will no douiit taliu this inaltcr into consideration at the earliest iiionieiit. 1 have, &-C. (Sicncd) H. T. HOLLAND. No. .OO. Sir I,. IIV.v' Id I lie Miirijuis nf Sniixhnni. — (Itrreived li"ptrriil>er LO.) My Lord, Waxh'nujtou, Si'plcmhi'i^S, U>>s7. I IIA\ I', the honour to inclose to your Lonlslii[) hcrewitii an article from tlu; •' New ^ ork 'rimes'' on maritime jurisdiction in Ik'hi'inir's .Sea. 1 have, &e. (Siiined) L. S. S.\CKVILLE W'I'.ST. Inelosure in No. 55. RrlrnrI frniii the " .S'i'ir Yorli 'riinrs" of Srp/cmher 5, 18*^". \ Disiu'i'i;!) ()(!:\v. — When the new Fi^ilieries " r'oininis=ion," as Mr. Hayard itwi'~ts it should not he ciled, was first announced in I'arliament, it wa'^ said t!mt its sco[)c would he liiiuted t,i tiie controversy hetweeu f 'an ida anil the United States. But in response to Mr. (iourlay's iru|uiry. it was s\:hse(|Ueiillv added that the question of including the .Ala-ka sial fi^lieiies was under eonsideration. It is therefore none too early lor public iipim'on to heu'in seiiously to shape itself on a question about wiiich much less has been said than in the interminable eodli~h sfpiabble. it is, moreover, a very pretty ipiestion in itself, that of our riirl'ts ir. I{ehrin2;'.s Sea, and involves issues of uo slii;ht intrinsic value. As iveryhody knows, Russia re;j;ardcd Hehrintj's Sea as hers, just as we re;;ard Delaware and ('hes:i|)eake JJays as our-:, to <'oin|iare little thiu'.rs with bier. Then Itussia ceded to us the coast on one side of this little ocean, totrether with one-halt the ocean itselt. Next, Coiifirrcss sold the riuht of catching se.ds in wiiat we will call " our " ]iart of that ocean. .Anil now the question of" our ris;;lits arises >ipoa tl;c catchin;.; red-handed poachers who happen to he l?riti»h. It is intimated that Russia {-ould not convey to us what she did not own luaself, and that when we bought Alaska we took in fact much Icfs than the deed, that is the Treaty, recited. Tiie nu'rits of the cpiestion are of course involved in Rns.sia's rights. ITer exclusive rigl)ts were not conceded, but, on the contrary, were promptly attacked when they were announced in the Ukase of ISiil. The title was thus cio\nlcil, but it was not invalidated. Russia's last word was that, althouirh she did not care to arirue abiuit her rights, whoever iiivadeil thei\i did .so at his peril. Instead of quarrellini;, Russia and the United States ai^reed that the citizens of both countries should iiave unrestrained privileges in tlio'-e waters. In other worcU, althou^u'li Russia's risrht of exclusion of Americans was disputed, it was deemed fjood eiiouj;li by us in 1S24 to he uic basis of a bargaiu. (ireat l', 1887. WITH reference to previous correspondence, I am din'cted by the Secretary of State for the Col mil ■> to transmit to you, to be laid before the .Maripiis of Salisbury, co|)ies of t'\'o despaici,. s froiu the (iovernoi-Gcneral of Canada, forwarding papers respecting the recent seizure ol British sealing-vessels by a United States' Keveuue cutter in Ikliring's Sea. I utn, &c. (Sifrncd) ROBERT (!. W, HERBliRT. Inclosure 1 in No. 57. Tlip Marquin of Lnnsdowne to Sir II. Ilnllund, Sir, AVir Derrren, .NVw Richmond, I'.Q., AikjusI. li), 1887. I HAVE the iioiiour to inclose liorewitli, tor your iiitbrmiitioii, copies ot ji Heport wliicli lins been received liy my Minister of Marine and Fisheries t'rojii liu' Collector of Customs lit Victoria, I5ritish C'olimiliia, in regard to the seizure of the scaJL'rs " tiraee," "Dolj.hin," and " W. P. Sayward " hv the United States' Heveime cutter " Kie!\arc Hush." 2. I hcf? to call your especial attention to the deposition inclosed iii Mr. Ilaniley's Rejiort of Captain I-ain;?, o( the " W. P. Sayward." You will ohservc that Ciiptain La-ng slates ])ositively that the seals of which the skins were found on t)oard his vessel were m.t taken in the Mehriiig's Sea. 3. It is scarcely necessary to W) dollars, and returned last iiiitbl for ihe trial. I have, lie. (Sitrncd) W. IIAMLEY. Inclosure T) in .No. tS'. Dfclnratinn of Andrrw Lninij. [See Inclosure 3 in No. 52.J *8 Inclosure (i in No. 57. In tliu District ("ouit nl' thu I'nilcd Stales for tiic District ol Alaskn. Ti'if Uniletl Stairs v. (lidnjc l{. b'n ry mid A. Liiluij. — Iiijnriiuihnn. [Si'c liicioturu L' in No. j:i. J No. .'<>. Colonial OJficf to b'oieiij}! 0//irp.— {Hrri'iicd Srptrmlier li'J.) Sir, Doirniiuj .Slrcft, f^njilnnlnr '2\ , 1>l)ury ii.ay think prupcr to taiu', a tclii;raiii received this day I'roni tiic (Jovcriior-Gcncral (il' Canada, rclatini; to the ([uestion of tiic release of tiic IBritish Coiuiiibian seaHii}(-vc?bel> M'i/.cil hy tiic Uiiit'.'d Slates' autlioritics in Beliriiii;'s Sea. 'I'liis telegram appears to relate to the vessels seized last year. I am to ie(iue>t to he iiUoniied of any eommuiuc.ition wliicli may he made to tlie I iiited States' Government in order t!iat a reply may be sent to the Goveruor-(Jeiicral. I am, &c. (Signed) JOHN BRAMSTON. Inclosurc in No. .OS. The Mnn/uis of Lansdowne to Cohminl OJficv. (Teleiirapiiic.) Si-iitnidiir So, 1S>7. 1 liNDI'iKST.VND that, after Mr. Bayard's aiinouneemcnt of the 3id Fehruaiy lesiicctini: Behring's Sea sci/.ures, instrnetions were sent in accordance with It to tiio Alaska authoiitii',-. hy telei;raph ; that an instrument fur llie release ot' the vc »eis was iliMcupoii issued by tlie l>istii(t .liidixc, hut that suhseipicntly, on tlie assum|iti()n tjiat l\w telegram was fnrsln)irp trlryrapliFd.} Sir, Forriijn Office, Si'/ili'mlifr ;27, ISS/. I 'I'liANS.Mir to vou. for your intbriiiation, a cojiy of a letter from the Colonial Olliee,* inclosinjj; a telcu'iaai from the (iovernor-Gciieral ot Canada, from which it appears that the British schooners " ("aroliua," "Onwarii," and "'riioriitoii," referred to in your despateh of the 4tli Keiiniary last, have not yet been released. In his iiole ol the .'ird February, inclosed in your aliove-mcntioiied despatch, Mr. Bayard stated that "orders have lieeii issued, by the President's direction, for the discontinuance ol all peiidin;; proceedings, the discharge of the vessels referred to, and the release ot all persons uiicliooiiers wliich iiave arrived in |)ort wilb their northern catches; also those to arrive and those seized. The coast catch by Indians and the spring catch by American sealers disposed of in N'ictoria are also appended :--• Vl.^sKI.S A..K1VI II. N uru'. Si iriii^ Cal'-li. XiirtlHiu ( •-'.:!■ 7 ntfli. T,.t;ll. I'litlitinilir .. -lOli i,H17 I'fiuldpc 1.0(111 l..'ii)(i 2,50(1 .Maiv l';i!cM . . .■id 7 li.lJ'Jil 2.4.07 Liittii- fairficlil 40(1 'J.lidO 3,000 Miirv Tnvlor . . .. 200 K(l() 1.000 .MiiuMt.iiii Chii 1' .. 400 087 1,IIH7 llluclv IHlHIIUIKJ , , '.•(■.4 .. Aili'!;i ir.4 1 ,;! jO I,.:.! 4 Kate Invouiitc TtuMTSIl 'I'l'iiiinpli Dolpliin (iracc Anna lied; . . \V. 1". Suvwnril .\iftrfl Adams KSSri.s Til Am n 1 34 U 1 1 ,030 1 I 307 1 •-'1 Vissiis Seizsii. l,.")Ud 'J'he nimilKi' of seals e:'.ugbt by American schooners and sold in this city is as follows : — II(-Ii>n lllnin JSyivia lliiiidy .•^an .Just' City (if San Dic^ \'aM(lorliiU l>is('OVi rv 43li l;!U 1<,17 •JdO dl7 ■Jjd The Neali Hav schooner "Lottie'a" northern catch was disposed of the other day, and amoimted to 7U0 skins. This makes the total catch, so far as could be jjleaned yesterday, 1!),0-!G skins by liiilish vessel.;, and li,.').'V.) skins disposed of by American schooners. 'I'he catch oil' the west coast by the Indians and sold to store-kee[>ers was .^OO. The total number of skins bri)u;,'ht into port for this season will represent in dollars, al (i dol. ;■>() c. per skin, the handsome sum of 1-10,.302 dol. 50 c. [128j O No. 64. Sir L. West to the yjuniuis of Snlixhiirii. — {Rrrrhfil Ortolier 10.) My I><)r(l. tViishinylon, Seiiti'inhfr 2K 18S7. IN |)Ui'8unncf' of the instructioii.s e(iiittiiut.'d in your Lordshiii's ti-leftram of yL-stcrday's (late, I liavc tliis diiy luldii's.-iud a note to Mr. liiiyaiil, ropy of wliich is herewith inclosed, iiiquiriiij^ tiie leiison for the noii-release of the Ihitisli vessels iiieiitioiied in Inn note of the .'ird Fehnmry lust. 1 also iiavc the honour to tran.sinit lierewitii to yoin- Lordship copy of an extract from the " New Yoik Trihune" of yesterday hearing on this point. I have, tic. (Signed) L. S. SACK V ILK WKST. Inclosuri' I in No. ti I. Sir L. W'l-sl In Mr. Uniinnl. Sir, Wiisltinijlan. iT. Inclosuie li in No. (if. Exlnirt from lliv " Xnr Ynrl; I'riliiiiu'" of Srj)iriiil>fr 27, l'SH7. Tui: .Alaska Si:i/.iiir,.'». Olliiwii. Si-iilriiihor '2li, 1nH7. TIIK Government has just received ihe Report of Mr. Drake, (.i.C, wlio was sent to .Maska to investi;;ale matters in eoniU'Ction with the lk'lirini;"s ,Sea seizures. Tiie foiiowins; is a copy of the despatch addressed to .ludL,'e L.ifavitte Dawson and Colontl I5all, United States' District .\ttorMcv at >^itka, which has not heen (tarried out to this day, and in respect to which the Canadian (iovernnicnl has recently sent a strotiir protr'st to the tiiother-eountry lor transmission to Washington ; — " Wiishiiiijloii, .liiiuiunj 'H\, 1SS7. " I am (iirccted hy the I'resident to instruct you to discontinue all proccedinijs in the matit'r ol seizure of the Hritih vessels 'Carolina." '()iiward,' and 'Thornton,' and to discharge all ves.«cls now held umkr sueh seizures, and lelease all persons that may he under arrest in connection thcrewitli. (Signed) "A. 11. V,\i\\,\}i\). Attornvij-dvui'ml." .ludge Uauson thereii])oti issued an older to Marshal .Vikins to release the ves>els, hut, as stated in previous despatches, afterwards withdrew it on th<' representation. .Mr. Drtdic says, of Atkins, and a^'ainst liie e\|)i'e~s opinion of Colonel IJall. .\ record ol tlu' orii^inal instructions .'.ppeais on the hooks ot the Distrii'l Court, hut there is no record of their witlidrawnl. The "Onward,'' " Carolini," tnid "Tlior;iton" are still hciiched at ( Minalaska, and eaimot he removed without eonsiderahle expense. The skins taken on these vessels were sent to .^nn Francisco hy a steamer heloiiLdnu to the Alaska Cotnmereial ('om|)any. Mr. Drake s.iys he caimot. find that there was any authority u;iven hy the L'nited States' Government for seizures made last year, hut that they seein to have heen made at the instance and in tlu? interests of the Commercial Company. No. 0.'). Snif friiiit I'ltilri! Still's' Mluiflir iil Slnrldinhn tii Sirrilisli (litvcriiiiinit. — [('iiiiiiniiniriilrd bij M. (fAddborij, Ovloher 10, 18S7.) TIIE (jovernmeiit of the United States recoLcnizes the necessity of taking ste|)s for the hetter protection of the fur-seal fisheries m I5ehrini;'s Strait. The iiidiserinnnate and unrci;ulated killiiii; of these valuahle animals has of lute \ears i;reatly reduced their number, and threatens in a comparatively short time to all but extinguish ilieni. The importnncc of respective Ooveriitncnts entoriiiR into uii nrrnn^cinent whicli slmll hnvc for its purpose tiic regulr.tioii of Kcal-luintiii;; Ktiii to the present iiKhscriininute 8laut;hter ofseiils, is so ii])pa('ent l!'iit it iieeils no ehihoratioii. 'I'o tiiis end I iiiii direeted to invite llie ITnifcd Kirifidoins of Sweden and Norway to enter into sueh an arriinjfemeiit with the (jovernnieiit of the United Slates as will prevent the eitizens of eitiicr eountry from killini; sial in liehrin({'s Sea in sueh times and places and l)y such methcjds as at present are pursued. The (ioverninentB of (Jermany, (Jreat itritaiii, Russia, I'Vunce, and Japan, liave like- wise heen invited to co-operate to this end. No. 6»;. Tlir Mririfuis of Salisliuri/ In M. il' Adrlhonj, THE .Marcjuis of Salishury has iiad tlu' liononr to receive the copy ot a communica- tion addressed to the Swedish (Government hy the United ^-tates' Minister at Stockiiohii whieii Count Adelhori; has heen jjood enoij;:h to leave at the Forcipii Ofliee. Her Majesty's (iovernnient have not received any similar commuincatioii irom the tjovennuent of the United States re^ardirii; tlie pi '-' 100 2. It wDiild iippeiir h\ I.oid Siilisljurv's (li-»putch of the lOtli August, 1S87, tlmt orders were •livcii Ibr tlu- scIiooiuth sci/i-d in 1HS6 to Ik; released, iiiid I niii informwl ii triegraiii to tliiit ctloct was reeeived at Sitka; ii()tliiii« was done, and tlie vi>sels are, us stntcd in niv letter of the lltli inslunt, ln!,di and dry at Ounaliiska, and I ani credibly informed so wornieateii and dainam'd as liardly io he worth removal. Certainly no infornmtion lias ever lieen re( \ ear, the crews iiave lueii iileased and one, of the >eh()niicr-i luu. luvii charU .ed by the aiithorilie- at Silka to iimceed to Omialii-ka and biiiig the .-kins tali( II out of the sehuoncis seized tiiis jear iniil landed at liie latter place, to Silkii. The tiiaU will pm'.Kilily take |)laie at Sitka iihoiit t'lis tunc. I l)ave, Ike, (?iSi»ed) M. (^ULMi: SliY.MOUR. Inclosure 'J in No tW. E.rtrnrl /mill llir " Vicloilii Diiili/ VVmt'.v" nf Si'iilinihr,- l',>, I^^T. AT present the seizure of the \icti)ria seal-hmiliiii,' schooners wi ilicir oliicers, en w, and iiuntcrs is the topic ol the hour in this citv. All. Ihake".s (i iirrcr, the full text of which is herewith given, will ne read with especial interest: — " lirirj I,/ M,-. M. H\ T. Dnih; (J.C. "(riled on l)ehalf of the oHice.s of the liiitish scalers.) " United States' Court, District of Alaska. •'The United Slates, I'lainliir, r. .1. !). W ai Ten and .). C. Riley, defendants. " Hiief ill support of tlii' (leiminrr died lieicin the HOtli .\uaust, li^*^^7, on beiialf of the inaslers and owners ol the liritish schooners ■Anna l>eck,' ' Dolphin,' ' (mmcc,' and ' W. V. SaywanI,' sci/i'il liy the I'uiled Stales' cutter for an allcjicd inl'ii.ctioii ol ;in Act; of the United States' C'lUiric'ss .No. 120. hcini; an Act to prevent the estcrininatioii of fiir- Iiearinn aiiiinals in Alaska. Tiie Act is directly apiinst killing seals in the waters adiaccnt to the islands of .St. j'aul and .^;. (Jeorjic and (I'les not refer to any otiu'r wateis in Hclirii^u:'s Sea, hul on ic I'eiiiiii,' to .-ectioii I'l.'Ki ci tin- tvevisd! Stututis, the laiinuage used is sonicwhat didcrciit, iirohiliitinj^ the killiiiu; of fur-beariii;;; animals within the limits of .Alaska Tcnitor dr the waters rlicreof. 'I'lie lirst (incsiion then to he decided is what is meant liy "tiic waters thereof.' If the (icfendiiiits are bi;uiul by the Treaty hetween the (I I'ussia ccdiiiLT Alaska to the I'nited Slate.., tlu'ii it ajipears that llii^sia liiseiliite teMiitniial sovereiiiiily ove-r t'.ic IJeliriiii;'s Sea and purporteel to • one half of tliat sea to the' I'uiled States, hul are the ele'fcnelants i.s men Unitcel States in IHL'L' claims (•eilivev ur.ictic hclein^iii'' te) a iiiitrv on liie'iidiv terms will-, the- Uiiiteel Slates h hv this assr.rtie)!! e)f Russia? And '.i the Unile'd Stale's chiim thai the Tri'al v e'nnveys to the'in a;iy gfeiitcr right than Rus' l-.erself iiossessed in liiese waters ■• In other ue)rels, the mere assertion of a riu;lit contra' to the e.e)mitv of natieiiis e'aii e DUlcr em the' '^r.uitccrf ne) liirhts in excess of tl lose re'conni'/ iv the law e)f natii '■ Riijlils nf Grciil Hrilaiii ninl the Unih-d States. •• ill iii(|uiriu:; what lliat rii;lit wa.; aiiel how far it was suhmitte'd to by the (itiier I'owers inleresled, iianieiy, (ire'.il Hiilaiii anil liie' United States, we liiid the' Uiiiteil States' .Minister ill .St. I'e'tersbuiiih in lf^22 eombattiuL; the jirete'iisioiis eil Russia te) a juriselie'tion eiver the wate'is ol iichriiif^'s Sea for a elistauce of 100 miles from the' e-eiast (re)r this was the extent e)f Russia's claim in 1Sl'2) in the' folle)wiiiL: expressive lam;ua,!;c : ' Tlie existence of tcrrl- leirial riijhl.s to the ilistauee e)f HIU mile's freiiii the- e'o-ist aiiel the' probibitiein of appreiachiiii; te) the same' distaiiee lieiin these coasts anel from those; ol all intervening islands are iniie)vations em the law eii' nations ami measures une.\ampleel.' We thus find that the assumption of a limited seivcre'lgnty e)ver the; waters of Alaska was clmllcnge'el by the Unitcel States, ;;iid in ce)nscepience was ne)l persisted in, anel e)n the- !7tli April, 1824, a (.-'ejiivenliein was e'unclueled between the Unite-el States and Russia, where'by it was agreed, ' that in any part of the great e)cean commonly called the I'aeitie Ocean or South Sea, the respective citizens, subjects of the High Contracting Powers, should be neither disturbed 101 or rcslriiiiied eitlur in iKiviir.itioii (ir in (isliin;; or in the power of rcsorliuf^ to the coasts ii|iiin |iiiintH which iiiiii;hr not then \\i\r hi'cii ahcaily occupied for the pnrpohc of trit(linf{ wiih the niitive.", s;ivnii; iilwiiys the restrictions and coniii in consc(|nence of tiie suine extravai^'aiit pretensions of Russia, which 'I'lcaty coiitaiiif the lollo\\ini< ])rovisioi.s : ' It is airveed that the respeetivp siihjccts ot the iliL:ii ( 'oiilnu'tini; Parlies shall not he ti'ouhled or inolcAted in any part of the ocean cniiiiiiuiiiy called the I'acilic Ocean, lillnr in naviuatini; the same, in lishiii^' therein, or in laiulirii.' at such paits ol tlie coa-t iis sli.ill iiiil lia\e Ikcii already occupied in order to trade Willi the lialives under I .1.' n slrictioii- and CDiiditions specilied in the then t'ollowinu; Arlicles.' Tlii sc restrictions aie not rissindar Iroiii those attached lo the Treaty wilh the L'liited >tates. In order to ascertain wiiat were the pretiilsions ol Russia which led to thcsi' I'lealies it is iieceSiiarv to rel'i r to the Kdict of the Autocrat of all the Russias. IJy Seciion 1 it is cimcted ; ' I'liat the pursuits of coininerce, whalin;;, and lishini:, and all other industries on all islands, ports, ai.d y:idl's, including the whole of the north-west eoa.-t ol Aiiii'iiea, hc^'inni' 4 from nehriMf;'s !>traits to .'>['' of north latitude, alsci from the Aleuliaii lsiaiid-> lo tlu' 1 asti'rii ( oast of Sihcria, as we'll as aloni,' the Kurile Islands from !!riiriiiL;'s .^traits to the south Cape u[' the Island of Uruek, namely, l.V i)'>' northern la'itude is exclusivfly ;,'ranted to Russian subjects.' " Rusulns Claims. " Section '2. — ' It is therefore prohihiti'd to all l'oreif,'n vessels not only to land on the coasts and islands helon^inj; lo Russia, hut also lo approach them within less than 100 Italian niil"s. The tranjj;ressor's vessel is >ul)jcct to contiseation alonj; with the whole curi;o.' Thus ,t appears that Russi.i claimed lOn miles from the coast of all the islands as well as the mainland of IJeluin^'s ,S; a and soutii to -4;')" at)'. It was this claim that led to the iiuliv'nan! ivmonslraiRe of the L'uiteil States and (!ieat Hiitain, and to the Tnalies hrfore relerred to, and shows that Ik'hrinti's Sea was included in the t rm I'aeilie f)(ean. The pri'teiisions of I'ussia were never revived, and the citizens of (Jrcit liritain as well as the lJniteropcrly ; the free Usc of the oc ■mi for navigation and lishiiii: is common to all mankind, and the pid)lic jurisiS uiencrally and explicitly (k-iiy that the main ocean can ever be appropriated.' lie also refers to the elaini of Russia, and in auoilie." [)\-M-\' he states that lie' ' United States have rcco^ni/ed the limiiutiou ol' a marine |pa;;ue for '.;eneral territorial juris, lietion by authorizing the District Courts to take conni/.aiice of ail eantures made within a marine lea,u:ue of the Anicrican shore.' (.S.'C .Act of ( 'o!ij,M'ess, .Iniie'". 17'.M.) " .And in 'A'harlon's ' International Uaw Digest.' p. 'AJ, the auihor says, ' Tlu' liiiii: of 1 sea league from shore is inovisioii.dly a(lo|)ted as thai of the territorial .sea of ilie Uiiiteii Stales,' and ' our jurisdirlion has been ti.\cd to extend .'> geogia|)hieal miles from our shores, with the exception of any waters or bays which are so landlocked as t;) be uiupu'stioi.ably within the jurisdiction of liie United .States, be their extent wlnit they ni.iy.' Hehring's Sea is not a gulf or a hay, and is not landlocked by the lauds of the United States. •• !ytvrelnry Kcwiird's ]'irws. "Wharton again states that 'a vessel on the high seas beyond the distance of a niarino lea'.'ue from the shore is regarded as part of Hie teiritory of the nation to which she belongs;' and .Mr. Seward, in a letter to Mr. Tassara, Kith December, 18t>2, tersely 102 states the princi|)le as follows : ' There nre two principles bearing on the subject which are universniiy admitted: (1) that the sea is open to all nations; and (2) that there is a portion of tlie sea adjacent to every nation over which the sovercij;nty of that nation extends, to the exclusion of every other political authority. A third principle bearing on tlie subject is that the exclusive sovereignty of a nation abridging ti>e universal liberty of the seas extends no further than the power v( the nation to maintain it by force stationed on the coast extends.' "' Tcrrne dominium * vis.' (The sovereignty of the coast ends where the power to control it by force of arms terminates.) It thus appears that by the comity of nations, sanctioned and approved by American jurists, that the high seas are open to all ; tiiat the territorial authority only extends to a marine league, or, at all events, not further than a force on shore can protect the coasts. " Snveri'ignttj claimed by the United Slates. " * also a])pcars that the United States, in claiming sovereii;nty over the hehring's Sea, is oiaiming something beyond the well recognized law of nations, and bases her claim upon the pretensions of Knssiu, which was succcsslully repudiated by botii (jreat Britain and the United States. \ Treaty is valid and binding between the parties to it, but it cannot atteet others who are not parties to it. It is an agreement between nations, and would be construed l)y law as an agreement between individuals. Great Britain was no party to it. and therefore was not bound by its terms. " [t is therefore contended that the proceedings taken against the present defendants are ultra lires and wltboui jurisdiction. But in order to press the matter further, it may be necessary to discuss the act itself under which the alleged jurisdiction is assumed. The Act must be construed by what appears within its four corners, and not by any extrinsic document. It is y.n Act detining a criminal offence, and an Act which abridges the privileges and immunities of citizens must be most strictly construed, and nothing but the clearest ex|)ression can or ought to be construed against the interest of the; |)ublic in a|)plyiiig this principle to tlie present case. The terms used in the Act itself are, ' The waters adjacent to the Islands of St. George and St. Paul.' ' .Adjacent,' in Wharton, p. 846, is held to be adjacent to tho coast, and within the territorial jurisdiction of the country. This language, then, does not aj)i)ly to these defendants, who were :'jO miles from the nearest coast. In section 1950 the language is, ' the waters of Alaska.' This must also be construed by tlie universal law as api)lying to the territorial limit only. And in a letter from Mr. Kvarts to Mr. Foster, in April 1«70, refcr.-inL' to a case in which certain American merchant-vessels were seized by the .Mexican authorities for an alleged breach of the Revenue Laws, although distant more than 3 miles from shore, it was held to bs an international offenci;, and was not cured by a Decree in favour of tiie assailants by the Mexican Court. "So here it is submitted that a Decree of your Honour's Court will not give any validity to the seizures here made, and the detendaiits, in tiling thi.'ir demurrer and submitting this argument, do not tlierebv waive their rights or sidnnit to the jurisdiction of the Court." No. (iU. Sir L. Went to the .\fiir(jiiis of Salixliur}/. — (lSi(l)''tinirr telegraphed, October i4.) My Jiord, Washington, Ortolier 1 1, 1HK7. WITH relVrenee to the note from the Secretary of State, copy of which was inclos(ul in my despatch of tin? 12th instant, • 1 have the honour to inclose to your i^ordship herewith copy of a further re[)ly to my note of the 2Hlh ultimo, expressing regret that miseoneeption of the intentions and orders of tin; President for the release of the si'alers "Onward.' "Carolina," and "Thornton" should huv(! delayed thi!ir prompt execution, and stating that renewcid orders have been forwarded. I have eommunieated eo])y of this note to the Marqui.s of Lansdowne, tho sub- fitanuti of which I telegraphed to your Lordship this day. 1 have, &e. (Signed) L. S. SACKVILLE WEST. Sep No. la. 103 Indosuro in No. Gi). Mr. Bayard to Sir L. IVrnl. Sir, Ihparlini'iit of Slalr, H'lis/iiiu/Uii, October 13, 1887. CON'riNUING riiy i'('j)ly to your note of lln- iJillii iiltiino, iiiiiuiritiy; tlu; reason for till' delay in ooinplyiiii; with tiie order issued in .laiiiiary last i'or the release of British vi'ssels seized last year in ]?ehriiu:;'s Sea, I liei; leave to iiil'oriu you that 1 have this day received a eoniniuniealiou I'roni my e()liea<5iie the Attoi'iiev-Cir'ueral, iril'oriiiiiifi; me that his teK'i;iam to the United Sljiles" .Marshal al Sitka of the 2tith .Taniiary last, orderim.' the release of the Mritisli schooners "(Jn\\ard," "Carolina," and " 'I'liornton," owinir to some miseoiu'ept ion ami mistake! on the ()art of the olFicial to whom it had heen addressed had not heen aeteil uixm. A renewed order has <;()ne forward lor Iheir release, as had heen distinelly direeted last January, and which I had no reason to doii'it had been promptly ol)i'yed. In my note to you of the lltli instant I staleil it to he my im])ression that no liindrance to their re))ossession hy the owners of the vessids named existed. 'I'liis ii'ipression, ii now a|i))ears, was not widl founded, and ;is my ohjeet is to ^ive you the fnilcst infonnatJ(jn \vitliin my ])owcr in rcla'.ion to all Iransactions tontdicd in our cornsT)oudenee, 1 hasten to communicate the liU^st rcpurl made to me from the Department of .Justice. I tak<' leave also to express my retjret that any mi-concepti(in of the intentions and orders of the President should have delayed their j)rompt execution. I have, &e. iSi-ned) T. I-. 15.\VAEr. No. 70. ('ninnial Offiri' lo Forciiin Op'ire. — {luri'iml O'inhi'r \*<.) Sir, hiiiriiiiii/ >7/-'7'/. Oiliilir-r 17. 1^"'7. I .\M direcled liy Secrct;n'y Sir Ii. Ilollanil to ir.iiismil to yoii, to lie laid hcfore tile .Mar(|\iis of Sailshury. copy of a di'sjiilcii from llie ( io\ iM'nor-(i< neril of (/an.ada, dalcd tile liCilli Si'picinliei-. with ils inclosnre-^, rc^jdi'linir 111.' •.cizure in llrlirinu's Sea of the lirilish seliooiiei' " All'red Adams." 'J'hi'se pajXM's apjiear (o Sir II. llollai\d to |ioinl lo a sci-iou^ stiLte ol' lluiii;>. n hieli seem to make it neci'ssary that some decided action in the mailer slioidd h ■ taken hy Her .\laj('st\'s (iovernmenl. .\nd lie would suuijesl, lor the consideration of Lord Saiislinry. whether it \.ould not he desiraiile (o instruct ."^ir L. West, unless lie has already done so, formally lo protest ay:ainsl the ri.;lit .assumed liy the I'liited Stales of seiziiin' Mvssels for ca.lchiiit;- seals lieyond the territorial walci's of .\l;isk;\. 1 .-iin (o adil Sir II. liolland makes this siiii'i^esiioii. a- Mr. M.ayard i-. ie|ioi-ic(l in til'- iiewstiapers to have s!;ilcd that no prohsi .au'ainst ilicir ri'jiil to sei/.i' h;id liccn made, and to ha\e assumivl, tlierefoi-e, thai Her .Majesty's (onernmenl did not really dispiili' it. i am, \e. ^Sinned) .lOllN HI! AM.STO.V. Inclosure 1 in No. 7i'. 'I'lir Mitniiiis lit' Ijiiisiliiinii tn Sir II. I luliciiil. Sir, Citmlcl. (Jiirhir. Si-iiicmlifr 'Hi. ISS7. I .\ contiiiiiation of my dcspnicli ot the lI7th .Aunnsl and in ri'I'erence to previoiw correspondence, I have the )iiinour lo iiiclose herewith ;i copy of an approved Minute of the I'rivy Conncil of Canada, <'overinir eeiiies of a lleport of my Minister of Marine and {■"isjiei-irs I'clatim;' to the scizm-. ;' id detention of the Canadian sealiiii; schooner ".Mfreil Adams.'' and of oilier Cinadian sculiim- vessels by the I'nited Slates' aiilliorities in the Itehiinit's Sea. 2. The letter direcled to the Inited Stales' Dislriit Atln of Ca])tain Dyer, of the " .\lfred Adai.is," 104 "has l)con forw.irclod, together with copies of the pap(>i's, to Her Majesty's Minister at Wasliin^rton. ;{. The circiimstauces under whieh ut yeii", \\\wn it ^vas stated by liim to llcr .Majesty's ^linist(>r at "\\'asliiiii,'ton tliat ''oniei's liail lii-en issued by the President's direction for tlie disconiinuaiiee of all jiendiiui' proeeedinms, the dischar£;'e of the vessels referred to, and tlie relc-isc of all jiersons under arrest in con- nection therewith." "). You will observe from !Mr. Poster's recapitiiiation of tlie tnidcuee which he lias been able to collect, and the documents attached to his Report, tliat an impreision prevails upon the spot to the cllVct tliat orders such as those deserilied liy Sir Lionel AVest were actually issued from AVashiuL^toii. Tliere appears at all events to be some reason for believinu; that a telei,frain autlioriziiui' the release of the vessels then under detention was in fact received hy the District •Jiuliic, and thai instructions were tliere- upoii issued by him lor the purpose of carrying' out these orders. The circunistances undiM' wliitdi those instructions are said to li;ive been siibseipieiitly rescindeil by the District .TtidLre have not uiinulurally i^iveii rise to the ^Tavcst suspicion. (). 'I'he Aliuister has called attention with ifreat foici in his Ueport to tin; injury sustained by persons eiiL^ai^'cd in tiie sealiiu^ industry from i\u'. sus]iense and uncertainty in which they have been kept during- the past season owin^; to tlu^ refusal of the United States' (iovernment to uave any explicit assurances as to the treatment whiidi tliey miealiie.;-vesscls by tlie I inted Slites' authoril ies in llehrinirs Sea, the Minister of .Marine and I'isheriei lici^s to siibnnt, for the consideration of iiis iixcellcney the ( lovernor-d'eneral in Coniu.il, thi' lollowinn' [i:i]ier< : — • lack Ull'oi' fl'nlM I'esci " llo has 1 m I he iumcxcil sci/.virc (iiid ill H('hi'iiiij;'s !■ I'^xfi-llciicy o the Itii'lit (".) A Irttcr from ('ollcctui' llanilcy, of Victorin, Britisli Columbia, dated tlio Isl Si'|)tcml)('r, 1>>h7, im-lositiu; (•crtaiii ii;i|)crs in I'd'crL-iice to the seizure ol' tliu Canadian iscali iiiL'-scliooiicr '• AllVi'd A( j?('hrinir's Sea. (/;.) Tlu; Declaration of William Henry Dyer, of Victoria, Brilisli Columbia, master of the Canadian s(diooiicr "Alfred Adams." {(■.) A eertidcale of seizurfs of tlu; " Alfred Adams," signed by L. (i. Sliepard, captain of Ihe Cnited States' lJev(Miue steamer " llus' (r/.) A sealed and unopened letter directed to tlu; United States' District Attorney and I'nited States' Marshal, Sitka, Alaska. ((• ) A letter from Collector llamley, of Victoria, IJritisli Columbia, dated tin; 2(!tli July, relating; to tlie detcTition of 1b(^ Canadian sebooners " Otiward," " Carolina," and " 'riiornton,'' seized In August 1S8(), by tlu; I'nited States' cutter " Corwiu," in Heliring's Sea. (f.) Copy of a telegram and order purporting to be frojn the United States' Attorney-ti(.'iu'ral and .fudge Dawson respectivtdy, relating to the release of tlu; above- named vessids ; and .Tack> same {(/.) A lett(>r dated tlic .'!rd September, 1WS7, from tbe law firm of Drake, ksoii, and llelmcken, of ^ ictoria, containini' additional information rclatimr to tin; 1' tb ;d)ove-mentioned papers, it aj)|)ears tbat (m tbe (itb Au'.,'ust, 1HS7, tb(! Canadian sebooner " Alfred Adai whilst engaged in catcliiiii,' seals in the ojien sea, more than ."i(t miles distant from the nearest land, was forcibly seized by an armed vessel of the United States, her ship's jiapers taken, her cargo of seal-skins, 1,;5><(> in number, together with all her arms, ammunition, and fishing ini])lemcnts transfei'red to the I'nited State's' cutter, and her captain ordered to proceed with scaled orders to Sitka, and to deliver himself, his vessel, and men intothe hands of the United States' Marshal at that place. This treatment of the "Alfred Adams" whilst jieaeeably pursuing her lawful calling on tin- high seas is but a repetition of the uiijustiliable seizun^s of Canadian vessels made by the United States' authoiities in Keliring's Sea, and which have been (li'alt with at length in previous Keports to Council. 'I'he Minister, therefore, does not consider it necessary in this instance to traverse the i;ronnd alicady so fully covered, and recommends thai a copy of this Iteport with llie ])apers attached be forwarded to Uvr Majesty's Government for their earnest and immediate consideration, and that a copy thereof be sent to the ]?ritish Minister at Washinirton, toni'ther with the sealed letter given by Ca])tain Sh('[)ard to thi! master of the "Adams," with tlie request that it be forwarded to .Mr. Secri'tary Hi: U'illi ri'rerenee to the attached p;ipers (r), (/'), and ((/), the Minister ob iser\('s that from the first (r) it appears that inijuiries made by tiie Collector of Customs at N'ictoiia, Uritish Columbia, in .lidy last, resulted in his obtaining the iid'ormation that Judge J)awsou had up to that date recei\cd no orders lor the release of the Canadian sealing-vessels seized in 1S8(), that the vessels had not been sold, and remained still under seizure, ami that Judge Dawson, when (juestioned as to the repnrt that a telegram had been sent to him by the Attorney-dcneral of the United States, ordering the release of the vessels, had replied that he had heard of this I'epoi't before, hut tliat notliin:,' of the kind had reached either himself or the Unitid Stales' Maish.il at Sitka. 'I'he |)aper marked (./') purports to be a copy of a teli'U'vam, dated the 2(ith January, I'^SJ, fidui the United States' Attorney-dcneral (l.irland to Judire Dawson, ordering him to release the vessels seized in .\ugust preceding, and of an order foMn( led th from J u lire Dawson to tbe Uiiiti'd States' Marshal at Sitka, bearing date the T.ttli I'chruary, issy, directing him to "release the 'Carolina, ' Onward,' ' Thornton,' and ' San Diego,' together with all their tackle, apparel, skins Liuiis, ammunition, sina 11 b(;at> s, ;ind e\ ciytliinu: pertaining to said vcssi Jacks The third jiapcr, marked (;/), is a copy of a letter from the law linn of Drak llel mcKoi, o f \ icioiia, Ihilish Ccduinl iia, to the .M inister of ,1 usl ice infoiininn' him th;it they aread\iscd that a telegram was I'cceived liy .judge Dav\siin from the United St.atcs' Atlntioned [l^^J 1' 106 papers is cniTCct, of which fhcfc appears no ri>asonaLlc dkjiiht, it reveals a stat.- of afl'airs hy no means satisl'aetory. On tlie ;{rd I'ebriiary, 1SS7, ^fr. Secretary IJayanl informed tlie British Minister at "Wasiiinijton that. " orders have been issued hy the President's direetion for tlie discontinuanee of all pendini; ])roeee(lini,'s, Ihe dischai'^"' of the vessels referred to, and the release of all persons under arrest in connection tlu'rcwith." A telci^ram in accordance witli ^Ir. Bayard's (•(jnimnnicatioii a|i|iears to havehei-u sent to Alaska, and an order liased thereon to have lieen issued hy tlie District .ludi;e, l)iit to have been afterwards rescinded, and no further action has hecn taken u|) to date of latest information. ^Meanwhile, Ihe vessels remain under seizure, the seal-skins we forfeited, and the property of Canadian citizens forcibly withheld from them under eu'cumstances which involve very s' Government of Ihe policy they jiroposed to jnirsue in their treatment of foreii^n vessels sealinii; in l?ehriui;'s Sea, but that these eiVorls proved altoijetlier unavailinLj. i'roni Air. liayard's communication of the .'ird I^'bruary, ISSJ, above referred to, the fair inference, howcvr-r, was to be drawn that, until the (piestion in dis])ute between the two (lovernments as to the Ici^alilyof the jjivvious seizures had been iinally disposed of, no further seizures would bcMnade ; and there is no doubt that on the strenu'th of this communication, and in the absence of any explicit statement of policy to tlie contrary, Canadian citizens did, in the be;,'innini^ of the ))r(!sent siMison, embark upon their customary seiiliiig expeditions t() J?elirini;'s Se:i, under the reasonable iiu|)r(!sson that they would not he interfered with by the United States' authorities so Ioiil; as they conducted their operations in the open sea, only, however, to find their vessels seized, their property contLscated, and their ventures completely ruined. It is ri'spectfiilly submitted that tliis condition of affairs is in the hii,'hest deirree detrimental to the interests of Canada, and should not he permitted to continue. l''or nearly two years Canadian vessels have been exjiosed to arhitrary seizure and confisca- tion in the j)ursuit of a lawful occupation n|ion the hii;h seas, and Canadian citizens subjected to imprisonment and serious linancial loss; while an important and remunerative Canadian industry has'neen threatened with absolute ruin. This eoiirseof action has been pursued liy the inited States' ollicers in opposition to the contention in the jiast of their (iovernment in rci^ard to the waters in wliich tiioe seizures have taken placi;, in violation of the plainest dictates of interiiat ioiial law, and in the face of re]ieated and vii.foroiis jirotests of both the Canadian and British ( iovernmeuts. The .Minister t'dvises that Her .Majesty's (loNcrnnient be Mi,'aiii asked to i;ive its serious and immediate attention to the repeated remonstrances of the Canadian Government ai^ainst tlii' unwarrantable action of tlio L'nitcd States in res])ect to Canadian vessels in Behrini^'s Sea, with a view to obtain a speedy reeoy;iiition of its just rii,'lits, and full reparation for the losses sustained by its citizens. The whole respectfully siibmitled. (Si-iied) (illOHCi-; K. I'OSTKR, Minister uf Maiiiic and luslieiics, Dcpnrlmi'iil of Fisheries, Oltiiwn, Sojitnmhvr 1."), 1SH7. Inclosurc 4 in No. 70. Mr, Hamley in Ihe Minister nf Marine and Fiahrrie.i. Dear Sir, Cimlnm-linnsr, Virlarin, British Ctiliimhia, July 20, 1887. CAPTAIN C.MMiOUL, master of th(> .American steamer "Olympian," has been takini^ |)artli's oi (excursionists to Sitka, and I asked liim to see the .Indite, ^Ir. Dawson, and find out sonietliiiiir we could trust respectiiu; the s vessels; they have not l)"en sold, and rr'inain as they were, under seizure. Captain Carroll tohi Dawson of the leieirram dated last .lanuary, |)urportini; to havr; heen sent by Mr, (Jarland, Attorney-(ieneral at A\'ashim;ton, in tiie President's name, orderini; the T. isels to be released. Dawson said he had heard of it before, and that it must have 107 1)P('n as lio tcrmod it, a "put up tliiii?," as nothin;,' of tlio kind liad ivaeluMl either liiiuM'll' or tiie United States' Marslial at Sitka. The serious ))art is tliat our |)eo|)ie, trusliutf to (he story of tlu" or(h'r for reh-ase, have sent thirteen vesst^is ai,'ain tliis year to the seah'ni,' i,M'ouii(ls. ( )n(,' has l)eeu seized ah'eady, and if the othei's full in the way oi' the lievrnue cutters they will prohalily i)C seized also. I may ])erlia]is learn souu'thiiu.' nif)re from tin; Admiral when \w. returns from Alaska, and, if so, I will write to you ,ii,'ain. Yours, &c. (Si-ned) ^y. IIAMLEY. Inelosure 5 in No. 70. Till' Atlornnj-Unierul, IViisliiiKjIon, to Jiiiltje Lufui/ftte Dairsun and M. D. Ball. ('IVle^'raphie.) Washington, Dlntrlct of Cnlnmliin, Jiiiiiinri/ 2(), 18^7. I AM directed hy tho President to instinct you to diseontituie any further pro- eeediiiL's in the mutter of tin; seizure of th(> Urilisli vessels "Carolina,' "Onward," and '' Tliorntou," and dis(diari;-e all vessels now held uniler such seizure, anu release all j)ersons that may he under arrest in eonneetion therewith. Inelosure (! in Xo. 70. Mr. Dawson to Mr. Atkins. To Jiavton Atkins, United Slates' :\Iarslial for the District of Alaska, YOU are hendiy directed to release the vessels "Carolina," "Onward," "Thornlon," and "San l)iei;o," whi(di wen; seizid in I'ehrin^'s Sea for vif)lation of section l!).j(i, United States' Statutes, t(ii;elher with their tackle, aji])arel, skins,* guns, uiiiniuiiition, small hoats, and everything pcrtaiuini;' to said vessels, this lOlli day of ieh ry, lbb7 (Siyucd) LAUAYETTE UAWSON, Di.'^triH Juihje, District of Alaska. Inelosure 7 in iNo. 70. Mr. Ilmnleij to llif Minister nf Mini up and I'isltrries. ■»()) were all tak<'n froni her, and the ve: herself ordered to Sitka. Noon t'roni the Itevenue entler was put ini hoard hy Captain She|iin(l, and the master of tlit^ as desired, to Sitka, returned to Victoria, Air Ada istcad of arri\ iiiL^ here th.e .Slst Aiiii'ust. I forward the master's deposilions hei'ore a notary puhlie, and wliat Captain Slie]),ard is pleased to term a eertilicate of the schooner's seizure, sii;ned hy himself. llr. Drake, a .solicitor, is at Sitka, waiting- for the cases to he heard in Court. The d she was expected ahoiit the trial was dcdaved for tl Hi lieLrlnniiit,' of this month. !Mr. Drake will no donht vi'port direct to the Jliiiister of lusliee. T hav. (Sij,'ned) I'.S. — r iiudose also ;i sealed letter a(ldre>-sed hy Ca|i(aiii Sli .'c. W. IIAMLEY. inl to the District Attoriiev and United St.atcs' Marshal at Sitka, which the niaster of the Allivd Ailai thildv lit. h: ■ht d iiwn wi th h uni, and which vou can deal with [12S] l-kasi- nolo >kin». — I', A. .M. m any way you W. U. P 2 108 Inelosurc S in No. 70. CiipUiin Shepard to the District Attorney and United Statex' Manhal at SilHa. United fitates' Revenue mmmer " Rush," liehrinifa ^eir. To whom it may concorn. Afiijust (!, 1KS7. THIS will" (HTtii'y timt T have tliis day sci/.wl tlx- Hritisli sclioonor "Alfrc( Adams," of Victoria, i?riti.sli ColmiiMa, Ca])tain W. U. Dyer, master, for violation o! law, and liavc taken cliars^c of his ship's papers, viz., rei,'ister, sliippin;,' articles clearance, bill of health, and loy; hook ; also her arms and seal-skins. V(>rv respect f nil V, (Signed) L. ii. SHKPAHD, r„i,lmn, United l^lalvs' Revenue Marine, luclosnre 9 in No. 70. Declaration. In the Matter of the sei/ore of the Sealinj^-schooner "Alfred Adams" by the United States' Kevenue cutter " lliehard Hush." L"\V^LLIA^r HENUY DYEU, of Victoria, Hritish C(dumbia, master mariner, do soh.'mnly and sincerely declare th;it — 1. 1 am the master of the seliooner "Alfred Adams, British Columbia, en!;ai;'ed in the business of catchiiii;' seals. On the (ith Aui^ust, ]Sh7, while the |)ort of Victoria, hoard t le said schooner, and m co nimand of the s;i b latitude 51*^^ IX' north and loiiiritude 107 1!)' west the 'nited States' Kevenue cutter ' Kicbard Itusb " steami-d al a boat commaniicd bv tiu" I'irst IJentenant and boat's vww. The said Lieutenant came (m board the said •' Alfred Adii the shin :ind orcK red me to take tlu' ship's rei,'islc rticli's, and all others of |) s jiapers on board the •' 1! ■il Itush in obedience to his command I took all said ])a])ers and accomjianied the said Lient(>nant on board the " Hichaid itush." Wiien 1 arrived on boai'd tin.' " Itush," the I'aplain of tbi' " liush " .-isked nu' «hat was mv busiiu'ss in the JScli , Sea ; 1 rei)lied takiliij seals, lie inijuiii'd bow many skins 1 had; I rejilicd ],lib(i. lie then saih Columbia. (S^igned) II. Dallas IIklmckkx. A Nolanj PMir in iind for llii: Pronnce of lirithh Columbia. (L.S.) Inelosure 10 in No. 70. Messrs. Drake, J'achson, and Ihlmclien l.o the Minister of Justice, Ottawa. Sir, Virtotia, lirilinh Columbia, September 3, 1SS7. Wl'] have tlie honour to inform you that we arc in receipt of a letter from our Mr. l)i-ake, written from Sitka, under date the 2Sth August, in which he states that a telegram was re<-cived at Sitka relativi' to the seliooners sei/.ed last year froiti the l.'iiited Stiites' Attorney-dencrnl (iarland, directing their release and discharge of the men. Th(! Judge gave an Order accordingly, which was afterwards rescinded, on the assmnj)tion that the telegnim Mas a forgery, No ollieial lett(;r of any sort, either cniifii'Miing the telegram or res])eeting thi; affair, has been received at Sitka. The selioon ers now seized and at Sitka are th( Anna J?eck, W. J'. Sav Dolph ( I race The "Alfred Adams" was also seized. The trial of the ])reseiit men, Mr. Di'ake states, would not take jilace until after the arrival of 'he l!i«vcnu(,' cutter " lUish ;" also that, judi^iiig from the past and the views held by the Court, the r( the s;ime, and lu'ges that itiuucdiati; ste|)s should he taken to prevent the impriaonnieiit of the masters, and that he Mould ohtaiu (ieelinitio'is from the mastci's duly certified, and enter a j)rotcst at the trial. Th: liusl 1 Mas not expec ted at Sitka until vesterdav. Regarding the seizure of the " .Alfred Adams," we have to state that the seliooniT liMs arrived here safely. The declin'at ions of her c.'i|)tain, C.'ijitain Dyer, and his men have been didy taken, Mhich her f>«iu'rs, .Messis. (iiittman and Frank, of this city, yesterday hamied to Honourable .Mr. Stanley, Collector of Customs, together with a sc:iled letter, Mhich the commander of the " Jhish " handed to Captain Dyer, to be ivered to the J)istrict Attorney at Sitk,"] ilready forwarded to the projier Department. Tl !'sc papers no ( loubt Mr. iitaiilcv has A\'e have since forwarded a conv of this information to the Itii'ht Honourable Sir .(ohn A. Maedonald, k.C.D., iVc. We (Si-ned) DIIAKE, JACKSON, a.nu UELMCKEX. Inidosure 11 in No. 70, Mr. Ihirbiihjr la the Depuli/ Minisirr of Fi.tliurii'.'--, Ollawa. Sir, ])rj)iiiitnenl nf . Justice. Oltaira, Sfptcmlirr \2. 1SS7. 1 ir.WI'' the liononr to inclose, for your information, a copy of a letter which has been received by thi' .MiniKt<'r of .lustice from .Messrs. Drake, .lackson, and lleluieken, in which they report with I'eference to the sealing V("ssels which have been seized in the lieliring's Sea by the ruited States* authorities. t am to .state that the Minister of .Justice has taken no action with respect to this commnuicalion, but that he is of opinion that the Minister of ^larinc ;ind Kisheries slionlil, at his earliest convenience, take steps to eonuuuuic.ate the substance thereof to the Colonial Ollice and to tiic Ib'itish .Minister at AVashiugtou. I li.'ivc, &c. (Signed) UEO. AV. HTH HIDfi K, Vepiity Minister of Jit.itirc. 110 No. 71. The Mnrqtii's nf SnllKliuri/ to Sir L. HV.s7. — {^uhnlftnrr telrgraphofl.) Sir, Forelyn O/fiiv, Ortnhtr V.), ISS?. INrOUMATION 1ms rt-aclied Iler Majesty's (iovfriiintnt liaiii tliu (Jovfiiiiiitni of Ciiiiada lliiita Airtlicr scizuit' has been iiiiide of a (Canadian vjissd, tlie " Alfii'li," wlicii uiitraKfd in scal-ti^liiii!; in iU 'irini,''.-. Sea in latiludi' .''>4° 48' noitli, and longitude 107° M)' west, nioic than 5U miles distant lioiii the nearest land. ' have to request that you will forthwith address a protest to the Government of the United States aijainst this seizure, and against the ei-ntiiiuanee of similar jirocecdings on the high seas by the authorities of the United States. I am, &c. (Si'jned) SALISBURY. No. 72. Foreign Offici- to Colonial Offirt. Sir. Foniijn OJpci; Orlolwr 20, l!=-87. [ AM direeted by the Marijuis of Salisbury to acknowledj^e the reeeipt of your letter of the 17th instant inelosinj; copies of a correspondenee received from the (iovernor- (jeneral of Canada relative to the s;i/ures by the authorities of the United .'~^tates of eeitaiii Hritish vessels when eugai,'ed in seal-fisbing in llelirin^'s Sea. With ret'erenee to the latest case reported, that of the Canadian schooner " Alfred Adams," I am to reijucit that you will inform Sir 11. Ilo! d that a telef,'ram has been .sent to Her Majesty's Minister at \Vasliini;ton direetini; him to make a protest to the I'nited States (ioveriiineut a^ain>t the seizure of that vessel, and the continuance on the bij^b seas of similar |iroeeedings by the authorities of the United States. With regard to the report that it bad been stated by .Mr. Hayaid that no protest iiau been made ai;ainst the riirbt of those authorities to make the seizures, and that it bad been therefore assumed that Her Majesty's Gov. rnmeiit did not really (ii>pute the rifibt, 1 am to icmind you that Sir L. West, acting on the instructions which were given to him hv the bite f'arl of Iddesleigb on the 20th (Jetober, l^M!, addressed a note to the United States' Secretary of Stale protesting, in the name of Her .Majesty's Governn'ent, against the seizure of the three Columbian schooners " 'riiornlou," "Onward," and "Carolina" by the Inited States' Rivenue cruizer "Corwin." 1 L. fVest la the Marquis of Halisliurij. — {Received Octuher 2 L) My Lord, Washi.iKilon, Octolier 12, 1887. IN aceordaiiee with tlio instrucfions contained in your Lordship's telegram f)f the 27th ultimo, 1 addressed a note to the Secretary ui' Slate, eo])y of which I bad tiie honour to inclose to your Lordshi^) in my desi)atch of the 2Sth ultimo, iiupiiring the reason wliy the vessels referred to in bis note of the .'{rd I'ebrnary b'ist had not been released, and I now inclose copy of the reply w bieli 1 have received thereto. 1 have, &e. (Signed) L. S. SACKVILLE WLST. Ill Tnclo.sure in No. 73: Mr. liiii/iirfl ((> Sir L. ^V.v^ Sir, Di'iKirliixnil (if stall', M'fisliini/lov, Or/ofcprll, 1SS7. I IIAV'K the lioiinur to jickiKiwlcdi^c voiii' iioh- of the 2Stli ultimo, sliitinu' that" Ilcr ^laji'sty's (iovcriuiifiit iiad Ixtii oHicialiy iiit'orni('(i that flic Uritisli v(:hsc1s n't'i'iTcd to in my note to you of tin; 'W(\ l''i;liruai'y last liad not Iiccn rclcasi'd, and nskiiii; tiic I'ca.soii for the delay, in conijilyini; with the orders of the ICxocutivc in thaf regard. I'pon rccpivini; your note [ n( oniM; wroti' my collcaifup tlio Attornoy-'^cnciral, as thi" lli'ad rif the !)i'|)artni(Mit of .hislicc, in order that 1 rnitcht he onaliled to reply satisfactorily to your infjiiiry. I am still without an answer from him, whiyh, when rceeived, sliidl l)e jiromptly eomnninieated to yon. Ill the meantime, in aeknowle(li;iiitr your note, I take occasion to sfjite my iMi|irrssion — that if the three vessels seized, nnd f)rden!d to he released, have not heeii re|Missesm;d liy th(!ir owners, it is not I aiise of any hindranee on the jiart of .any (itlieial of tliis tlovernment, or failuic to olicy the order for release, hut firolj.ahly lieeause of the remoteness of the locality (Sitka) where tliey were taken ;ifter arrest for adjudieatiou, and the proceed inirs havini,' lieen /n r^m, the owners have not seen pro]ier to proceed to Alaska and rej)os.scss thein. to your liOrdsV.ip'.s despatch of the l.'ith ultimo, respect iie.; tlie juiliejal proeeedinirs in the cases of the schooners '•Carolina," "Onward,'' and " Tiioriiton," I have the luuiour to state, that, from what I can ascertain, tlu' notice . Sir L. Wffit to the Mitrquis of Sulinbury. — (Receiied October 24.) lly Lord, Wdxlihxjtnn, Octoher ^'2, 1S87. IN accordance with the instructions contained in your Lordship's despatch of the 27th ultimo, I addressed a note to th(> Secretary of State, copy of which [ liave the honour to inclose hi'rewith, makiui,' similar representalious respectiiii; the seizure of the Hritisli vessels " (inu'c," " l)ol])hin," and " AV. 1'. Sayward," an wi'n- made in tin; cases of the '• ()n\v,ard," •'Carolina," and "Thornton,'' and reserving all rights to eoni])ensatiini on behalf of tlio owners and crew. I have, &e. (Signed) L. S. SACKVLLLE WKST. Inclosure in No. 75. tSir L. Went to Mr. Bayard. Sir, Wa.ihinijloti, Ortoher ]2, ISSl. IN connection witli the rc])rcsentation which I was instructed to make to you respecting the seizure of the British schooners "Onward," "Carolina,'' and "'riiornton," liy the United States' cruizcr " Corwiii," in Uchring's Sea, I have tlie lionour to inform 112 \oii tli.'it r iitii now fiirtlicr instniclt'd to iiiiiko similar representations in tlie eases of t.iie Hi'itisli Coliiniliiaii vessels "(iraee," " l)()l|)liin,'' and " \V. 1'. Say«anl," sei/.ed lately liy the United States' lievrnue cutter " Kieliard Kusli," and at tlie same lime, as in the ease of tlio "<)nward," "Carolina," and " 'riiurnt(ni," to reserve all rii;lits to (•oni|iensati(m on liehall" of the owners and crews. 1 am also instructed to jioint out to yon that, accordini; to the dc|iosition of the mate of th(> " W. I'. Saywai'd," copy of which is incdosed, no seals had heen talicn hy her crew in Hchrini^'s .Se.a as is allci^ed in the lil>els of information tiled on hetialf of the United States' District Attorney in the District Court of Alaska. I am, &c. (Si!,Mied) L. S. SACKVILLE WKST. No. 76. Sir L. IVest to the Marquis of Salisbury. — {Received October 24.) ily Lord, Washinijtnn. October 14, 1S87. I HAVE the honour to inclo.so to your Lordship herewith copy of the reply which I have received to my note of the 12tli instant, copy of which was inclosed in my despatch of the 12th instant, rcspectini uic j)iiiiml ^CIloollel•^ v^jiuiiiii, \_uiuiiiifi, tiiKi iin.rnoMi, in liehring's Sea, hy United State's' Kevenue vessels in August IhbO, and also your insUiictions to include hy similar r(])resenlati()ns tin! eases of the JJritish Coluudiian resseis " Cirace," " Lnlphin," aiul " W. 1'. Sayward," seized hy tlu! United Slates' J{ev(iiMe authorities in liehring's Sea, with nolilicalion that Her Uritannicr Majest^v's (iovcininent reserve all light to eompciuation on hehalf of the owners and cicws of the al.ovc-mentioDcd vessels. 'the allidavit of the mate of the " W. P. Sayward" has heen read, and the fiicts therein staled « ill he at onci; investigated. I have, &c. (Signed) THOMAS F. HAYAllI). No. 77. Sir L. IVest to the Marquis of Salisbury. — {Received October 24.) My Lord, n'at.hitujlon, Oi-tobcr It, 1«87. i HAVE the honour to iiudoso to your Lordship herewith co])ies of the hrief recently iiled in the Ccnirt at Sitka hy the counsel for the United States' Goveninient which has ajipcarcd in the " New York Herald," as well as an article thereupon from that .Journal. I have, &c. (Signed) L. S. SACKVILLE WEST. luelosurc 1 in No. 77. Extract from the " New York IlcrnUl" October 18, 1887. Otinun, Ontario, October 12, 1887. 'J HE Coveinment hero arc in rceeijit of advices irom Sitka which contain the biiif «Iiich is uiiderstotd to have l.ccn prepared at "Wtishington and recently filed in 113 tlic (,'i)urt at Sitkii l»y Mr. A. \i. Delancy, as coun.sel for the L'liiti'il Stat -s' (iovcni- mcnt. 'I'lii! I'ollDwiiiu; is a vrihntlin copy of the liriuf: — " Casf. "The iiifoniiiitioii in tliis iviso is liascd on Section 1!)5(5 of Ciiuptcr '.\ of tlio I'lcvisi'd Statutes of the rnitod Slates, wiiicii [)rovi(les tiiat ' No person shall ill(ir Krnt, in |s-J(!, lii'Torc the (Icii'ti'inc as Id tlic iiiMriiic Ic.imic limit was as lii'mly cstiiiilislicil as il now is, savs : — "'It is (liiliciilt to (li'aw aiiv inccisc . '1'^.) " Jiirlnilirtioi} III' Sliilfs. '■ It thus appears that, while in T^'JCi tlie limil of tiie marine hell was unset I led, tht jmisdielion of a State over its inland waters was mn|nestioMed. '■'Ill the laws ol' nations hays are regarded as a jiait ol' liie territory of tin? eonnlry when llieir dimensions and eonliniiralions are >neli as lo show shat the nation oi'cnpN inir I lie coast also oeeiipies tlie iiay as a pari of ils lenilory.' (ManniiiLj's ' Law of Naiions,' p. 120.) "•An inland sea or lake heloiiL^s lo the Slate in which il is teirilorialiy sitiialed. As iliiislral ions, i:i;iy lie mentioned the inland lakes whose entire hody is \\ilhiii tli2s.j " Tlir J)il(iiiitr ulwuijs iisM'rIril. " Ft thus appears that imr (lovernmenl asserted this doelriiie in its infancy, it was ainounced by Air. .lelVerson as .'■•■( vetary of .State ;iiid by llie .Vttorney-ticneral in n^J'.i. !Mr. I'ickerini;. Secretary of Siai' ' in ITOli, rcaHlrms il, in bis letter to the Governor of \'ii'i;iiiia, in fh<' foihiwin;,' liiiii,'uai;(' : ' (Jur jiiri:-dieiion has Ijcen lixed to e.xtenil ;j i;eo;;ra|)liieal miles from cur -liores, with the exce|itioii of any waters or bays which are so landlocked as lo be 'im acstionably within the juiisdietion of the States, bo their (-xtent what they may.' ( Wbcatoii's ■ International Law.' vol. i, see. .'52, pp. 2-100.) " -Mr. Jhiebanan, Secretary of State, to Mr. Jordan, in Isi'.l, reitcialcs this rule in the followim;' lanuuay'c : 'The exclusive jurisdiction of a nation extends to the ports, liarbmirs, bays, mouths of river.s, and ailjaccnt parts of tlie sea inclosed by hciid- lands.' ( idem, p. lOI.) "Mr. Sew.ird, in the Senate in 1S.''>2, substantially eniiiieiates the same doctrine by doelarinii- that, if we relied ;ilone iiiioii the old rule th;>t (miy those bays whose entrance from headland to headland do not exceed (i miles are within t he territorial jurisdiction of the adjoinini; nation, our dominion to all the lari:;er and more iniportant arms of the sea on both our Atlantic and I'acilie coasts W(mld havi; to be surrendered. Our right to jurisdiction over tlie.se rests with the rule of international law which gives a nation jnrisdintion over waters embraced wilhin ils land doniinioii. " liehrimfs ^'ea tidand Water. "It thus a])i)pai's that from our earliest history, contein]ioraiieously with our acc(>ptance of the )irineiple of the marine league belt and sujiporled by the same high aiitliorities is the .assertioii of the dooirine of our riniitr to dominion over our inland waters iindev the Treaty of 18(17. and on this rule of international law we base our claim to jurisdieiion and dominifm over tlie, waters of ihc.Bchriiig's Sea. While it is, no doulit, true thai a nation cannot by Treaty aeipiire dominion in contravention of the laAV of nations, it is none the less true tiiat, Avbatev(>r title or dominion our grantor, llussia, possessed under the law of nations at the time of the Treaty of Cession in 1867, 115 i)ass(>(l iirid iii)\v I'iijlilt'iillx lii'liinij;s to tlit; IJnilctl States. Iliiviii;^ di'ti'i'iiiiiu'd the liivv, we an- ln'Xl led lo iii(|iiirr as tii wlit'tlicr |{cliriiif;"s Sea is an iulaiid watiT ol" a |)arl ol' till' (>|H oci'aii, and wliat was liiissia's jurisdictiDii over it. •• J{i liriiiL,''s Sea is an iidaiid walor. Ui'ijimiiiiL,' on tiii! castci'ii CDa-l of .^sia. tliis li.idy (if wi'.lri', rormci-lv known as tlir Si'.i ol' KanKdialka, is Imniidi'd l)y the I'i'mo; nia dl' Kaincliatka and ivivliTii Sihrria to llic Itclirin'^'s Strait. iMoni tin- American side ei' tins strut tlie waters i|' tlie l!eiii-inu;'s Sea wasli tiie coast of tiie niaiiil;nid of Alaska as I'ar sontli as tlic I'eninsnia of .Alaska. I'' roni tlie extremity ol' tliis peninsnla, in a loie^', sweepin-j; cin've, the Aleutian Islands strel(di in a continuous uliaiii almost to the shores of Kaincliatka, tlins oncasiiii; the seu. •' liii.s.si(t's Title and Dniiiiiiidii. ■■ It will not 111" denied that at the time the I iiitcd Slates ac(|nired the Terri- tory ol' Alaska liy the Treaty ol' ISOT, fiic waters ol'tlie Hidirimj's Sea wasiicdonly the shores of linssian t<'rritory. The territory on the .Vsiatie side sIk; had possessed ' siuce the memory ol' man ruiinelh not to thn contrary.' Her titli; to the other portions of ihiise shores .ind her (I .-iiiiiiion over the waters of the ]3ehrini;'s Sea arc! hased on ' discovery inid sel llemciit.' " PoxscuKioii and Suprflmuri/, " Till! rii,'ht ol' a nition to aeijnirc new territory by discovery and jxissession has I II so iniiversally rceoi,'nized hy the law (d' nations that a citation of aulhoiil ics is sciirccly necessary. Upon this snhjccl the most eminent as well ns the most conserva- tive of authorities says; 'All iiiankind have an eipial rin'ht to thiu'^s that have not M'l lallcn into ijic |)ossessi(in (f .any one, and those tliiiiLTs heloiii,' I the pcrsi'm who rir>t takes piisscssioii id' I hem. When. I lierd'ore, ;i nation llnds .a country nninhahitcd .nid witlioiil ;in owner, it may lawlnlly t.ake possession of it, and :\(tcv it has siillicicntly made known its will in this respect it cannot Ix' de[)rivcd of it hy another nation.' '■'Thus uavi^;ators L;oim;' on voyages ol' di-fovery, I'ur'.iished with a eoinmission I'rom tiicir Soverei!j:ii, meetin":; islands or other lands in .a d(!sort state, have taken pos- session ol' thera in the n.ainc ol their nation, and this title has heen usually respected, provided it was soon I'ollowcd hy a real jiosscssioii.' 'When a nation takes possession 111' a coimliy to whieli no prior ow ncr can lay . <,)s.) " Su(di heiiu; tin.' law, wi" are led to incjiiire as to on wliat discoveries, possessions, and occupation I'nssin's ris^ht to dominion in North America is based. " llisloriidl ttltrtch — 17:2o-lS(i7. " In I72."i. under the commission ol' that wondrous combination t)t' iron and ('ncri,'y, I'eler the (ireat, an expedition was ori^aiii/ed, crossed the eontMient from St. l'elersburi;h to Jvauicbatka, where .a vessel was constructed, and in July 1728 sailed for explorations to the nm'th and east. That vessel was the ' CJabriel.' Her master was Vitus Hidiriiij;, a name destined fo historical immortality. On the expedition Hehrini; crossed the waters of the Sea of Kamchatka, discovered and ii.'iincd the Islaiul St. Lawrence midway between which ami the Asiatic inainland our boundary-line is laid down by the Treaty, and after passiuLC throui;li the straits which bear his nanu- returned to St. I'etersburi;h. " In 171W a second expedition Avas ori^aui/cd under the auspices of the Govern- ment and the coinndssioii of (^ucen Anno, and with .Hehriu!,', r.aised to the rank of Admiral, at its head, re]ieated the lonii; and dreary journey across Siberia, and in .luno 1711 sailed for Jicw discoveries. In .Inly of that year Hehrim,' sii^bted the American continent, sonu- authorities claim at the oSth dei^reo of north latitude, others at the r)(»th degree. The lalter is j)robab]y correct, as it rests on tla; authority of Stellar, who accompajiied the expedition, and Hehring un(loubt(>dly sailed as far south along the American coast as the loth parallel, in accordance with his instructions. But what is more pertinent to this in(|uiry, he discovered several of the Aleutian Islands :md the Komaiulerolf i^roiip or couplet. On the larger of this couplet, which bears his name, the hardv navigator. aft<.'r shipwreck, died ou the 19th December, 1741. [123| • • Q 2 IIG "Russian Discovery, "But the spirit of Russian discovery survived liim, and fi'oni tlie startini,' point he began traders, hunters, and adventurers made their way from island to island until the Avhole Aleutian eliaiii, and with it the mainland, was discovered. In 1713, 17l">, 17 17, and 17 M) a Cossack sergeant named Bossof made four consecutive voya<^es I'rom the mainland of Kamchatka to the Hchrin^; and Copi)er Islands in vessels of his own con- struction. In 1V!'> a sailor uiinied Nevidchinof, who had served under Hehving, crossed the channel which connects the North I'aeilic Ocean with the ]?chrini^'s Sea and discovered the Islands oF Aitoo and Ai;atoo, the former of which now marks the western limit of our land dominion. In 171-t a small Russian merchant-vessel reached the Island of A.tka and some of the smaller islands surroundiiiij; it. "Ten years later rJlottoiV, in a ship belongini; to an Okotsk merchant, advanced as far as the Island of Ounak, and sul)se(|ueutly discovered Ounalaska and the whole of that i^roup of the Alinitian chain known as tiie b'ox Islands. ]r(.' made a JIa]) of his explorations, which includes (Mghl islands east of Ounalaska. In 17()() a I'ussian merchant, Adreian 'J'olstyk, landed on the Island of Adak, ex])lored it and some of the surrounding islands, and made a re))ort of his discoveries to the Russian Crown. 'I'his grou]) was named after him, the Adreian Islands. The next year a ship helonging to a liussian merchant named Hcc'lievin made the const of the Alirska I'cninsula, and in tin' autumn of 17()2 (ilottoiV, who discovered Oimalaska and 1h(> Fox (i roup, reached the Island of Kodiak. In 17(iS two cajjtaius of the Imperial Navy, Krenitzen and LcvasliolV, sailed from Kamehatha in two (iovernment vessels, ancl the former passed the succeeding winter at Kodiak, and the latter at Ounsilaska. "Twenty-live years succeeding tiwdeath of Rehring the spirit of discovery liad planted the Russian ensign along the entire Aleutian chain, from Rehring's Island to the mainland of the North American continent. " After the Seals. '■ i'ossession and occupation followed the footsteps of discovery, and settlements anil trading ])osts wen; established at the more favoin-able jjoints along the line. Expeditions, stinuilated by the large remunerations of the fur traflic, were constantly lilted out at the ports along the shores of the Se;i of (^kotsk and the mouth of tiie Anioor River for voyages ol traih; and exploration in the new country. Lieutenant Elliot, in his Report on the seal islands, puhlislied with the Tenth Ci'ususof the United .States, estimates that no fewer than twenty-five dill'ereiit Companies, with ijuite a fleet of sm.'dl vess(>ls, were thus eni]iloyed as early as 177-- l.'nder the auspices of one of these Compiniies, Slu'keloff, a merchant of IJyIsk, foiuidcil the first jiermanent Settlement on th(' Island of Kodiak inl7St. I'rom this [mint exploring exjieditions were sent out, oiu; of which crossed the strait lictween Kodiak and the mainland which bears Shekelolf's name, and ex])lored the coast of the mainland as far as (book's Inlet, upon the shores of which in 17H(! a Settlement was estal)llshed. "Another ])ushed iilong the coast to I'rince AVilliam Sound and Cajie St. I'llia--', the latter of which was loe.-ited by Rehring in 17tl. In 17^S another of Sheki'loll's sbijis visited I'rincc William Sound, discovered Yakut;\t Ray, and made .'i tlionnigli exiili. ration of Cook's Inlet. In the meantime, in 17H('>, (Jeliriiiaii I'riliylov, a .Muscovite ship's mate, sailed from Ounalaska in a small slo(i|) calli'd the " St. (ieorge," dis'jovcred the islamls \\liich bear his name, located in the heart of the Rehring's Sea, and now far fauicd as the onlv seal rookeries in the known world. " Baranntf's Mission " In 17'.'0 the Sliekeloil' Company ]daeed at the head of all enterprises in the new country that restless spirit whose energies clinched I'ussia's dominion to lii"r posses- sions in North .\merie!i, Alexander Raranoff, Arriviiii; at Kodiak, he ehaui;i'd the liead-(juarlers of the Company to the harbour of St. I'.aul, A\liere the village of that name now stands, and tlu; next year one of his ski])pei's passed round the extremity of the Alaska reuinsula and along the north-western coast, to Rristol Ray, discovering Kvieh;d\ River and the Lake Llamna, and crossed the porlagi' to the mouth of Cook's Inh.'t, thus lindiiig the safest and ipiiekest means of coiui;;uiiieation between ShekelolV Strait and the IJehring's Sea. "In 17!U RaranolVestaiilished a ship-yard at Ri'surreclion Hay, on I'rince Willi.'im Sound. About this time the first missionaries of the (Ireek Church arrived, ami 117 Missions were cstablislied at Kodiak, Ounalaska, and Spruce Island, 'i'lio next year EaranoiV extended his operations and tradini; posts to Yakntat Hay. I'ollowi'ii,' this ■was till! (ionscdidation of all Kussian interests in >i'ortli America, ifivini; vise to tlie Riissian-Amcriean (!()nij)any, Avliieh was eliartered tlie year that JJaranolV Coiinded Sitka, 17!)9. The possessions and suf)remaey Jtussia i,'aiiied under this (.'oi|)oration have been so universally aeknowledtjed and widely understood as to s( arecly iu>ed eoninient. L'nder tli's t"(,m])any, eharlcred l)y the Crown, jiatronized by nobility, snstaiiii'd by the sinews of eonsolidafed capital, and led by the tireh.'ss enerpfy of Haranoir, new explorations and Settlements inevitably followed. " As early as ISOfi, aside? from tradintr jjosts and Settlements aloiiLj th(! Aleutian Islands, we find the I'ussian-Atneriean Company had estabiislicd fourteen fortified stations IVom Koiliak to the Alexander Archi])elaso, now known as Soutli-easterii Alaska — one ai Tiiree Saints Harbour, one at St. I'aul Island, oiu- on the island of Kodiak, one oil' Afei^nak Islaiul, one at the entrance of Cook's lnl(!t. three on the coast of the inlet, two on I'riiuic! William Sound, one at Cai)e St. Klias, two on Vakutat I5ay, and one at New Archauirel, on the IJay of Sitka. " Along Ihn Const. "After th(> death f)f Haranoff, in isi!) his successor in charije of the affairs of the (\inipany, Lieutenant Yanovsky, made extensive explorations f)f th mai nland above the Alaska I'r ninsula One edit ion exi) ilored eoa4 and d inad(! a )relimin!U'v survev of the coast from liristol I5av as far as the moulli of the 1 Kiiskovim River, diseov eruii' and locatiiii' that stream and also tlu (ireck Cliureh, Mishop \'eniaman()ir, visited the coast between Kristnl Hav and the Kuskovim, ("stal/lisliini? .Mi cha])!'] I'hurches. I'revious to this time, in IS]."), Lieutenant Ivotzel)ue, iiiider the patninafjo )f Count Runuantzo, had discovered and surveved Jvotzelme Sound and tli(> Arctic coast of America as far as C; Lisbnrne. Lieutenant 'I'ebenkof, of the navv, ir IS;{.") established Missions aiul redoubts ;it S|. ^Iiclia(d's, on the Norton Sound, and in l^'.\^ an exjiedition litted out by him located Point Ha lad 'I rated int,) the ii (ll'.Z iinol asceni leil the Yul. Meanwiiile, ex])editions kon as la ras Nul-iti ;nule the lirsi ])ort;iue betwein th.at riv.'r ar.d the Kuskovim in ls:^c reached the same jioint fro.,i I he r'-dou'nt established by \ Malaki emamanoii on th.- Xi Ir IV of that riv( d the Ku'ikov'.m. "They were followed by Lientenant Zai^oskin, of the Imperial Navy, who in 1812- 115 with live assistants made extensivi! explorations of basins of the Yukiiu and Kuskovim, a voluminous journal of whicdi is now in print. " Unbroken Possession. "This brink's us to the close of the first century of I'ussian discoveries and o'cu[)ation in Nnrth .Vmorica. It is needless to follow further, as the twenty-live ars interveniuix between 1S|.2 and the datt'of the Treaty of the United States are ijiii. a cei.tinuation and repetition of ISussian occtipation and supremacy of (his territory. That ])ossession \\,is never chan^'cd or broken until it passed tollie I'm'ted States uiuler the Tr(>aty of IX!?. The ar<'Iiives of Hnssia will further show thai the Imperial (iovcriun(>nl its(dl' not only fostered thes(> (liscov(>rics, but from the earliest ]ieriod has asserleil and exei'eised duminioii ov r the Nortii American |iossessii)ris. " The discoveries of lieiu'iiiLi; in 172s-tL were und' i' lloyai Commis'^ion. In I7S, Shclikof was irranteek CInirch were established in the new dominion, and a Colony was also founded at Kodialv under Hoyul Edict. 118 " The Russian-American Company. '"riie Cliiivtor ol'ttic Kiissiau-Aiuorifiui C'Diiipaiiy issut-d in 17iM> doclares lU;ssi:i's (loiniiiidii ill tlu! followiiiiif laiii,'M!ii;(' : ' Hy tlio linlit of (lisciovcTV in past times by Hussitm iiaviu:ators dl' tlic iiovtli-wcstcrn part liinii-, or anv other indiistrv, and AnuM'iciui jiossi'ssions, and n^serM'd i 'the transac^tion of eonuiU'rce, the pursuit oi'whali on the islands in the harlxuirs and inlets, and in general aloiiL;' the north-western coast of -Vmeriea.. from Heliriu;;"s t^trait to the ."ilst ])arallcl of north latitude and in the AliHitian Islands, .and aloni' the coast of Siberia and on the Kurile Islands, from Helirini;'s Strait to the .south-eastern south as latitude 15" and .")() north.' !''•' itory of the Island of I'rup — viz., as fai' '• 'I'his Ordinance calh>d forth the protests of the United States and (ireat Mritain. id jirotractcd disenssioiis followed. A critical examination ':f the di])loniatic corres|iiiii(lence betuceu the l.nitcd States and (ireat, Urilaiu on one side and Kussia upon ihe other will disclose that the points in dispute in the eontrtnersy were the assertion of I'ussia to exclusive jurisdietioii over the I'acitie Ocean, the assertion of dominion over the coast of North Aineriea from the ."i.-ilh parallel south to theoiit (See note of ,M r. Adams, American Minister to Kussia, to the Itnsviaii Aliuister, March is^i'.i " J''ollouiim' these discussions came tlii! Treaty of 1H21 between lliissia and the United States, and the analoiioiis Treaty of 1S2.') between I'ussia and (ireat Uritain. By these Tiealies, I'ussia receded from her assertion of excdusjve jurisdietioii o\er the I'.aciile Ocean, and abandoned her claim to possessions on the coast of North .\meriea, south of .-il" 10'. " The Trriilii. "The followim^ are the Articles of the Tren*y between the liiited States and iiiissia i^ermaiK." tci the ipiestions involv(;d in iIk; case: — '"ARTICLE I. "'it is aui (1 that in any part of the groat ocean eommonf called the Pacific Ocean, or South Sea, the respeidive citizens or subjects of the ili<^li Contraetini; I'owers shall be neither disturbed nor restrained, either ' avii^atici! .ir in (isliim;, or in the power of rese.'iin^ to the coasts upon points whi(.:i .uny not JUrculy havi! been occupied for the iiiirpose of tradini; with the natives, ■.i\i:'i; alwH'/s: the restrictions ami conditions determined by the following' Arti(!ies. "'ARTICLE n. "'With a vii'wof )ireventin;,' the rif^hts of iiavi^'ation .and of lisliina; evercised upon the great ocean by tin; citizens and subjects of the High Contracting Towers from bpcoming the pretext of an illicit trade, it is agreed that the citizens of the H l-x^^-r 119 Kussiii's inii's l)v lu' :>:>t\\ lalka to the use coast ol' lu! SIUllC s in till- H- to llic nil llii'ir ,•, ;ili aid, :\.l" '-icjll • ; I tn of i\v- l!u«siaii- H iCitlier in the Treatie; nor in tlu; eorresjiondenee is any refcrenec made to llnssia's claim of dominion over the l{ehrini,''s Sea. If in thediplomatie eorresjxjn- denee leading' uj) to the Treaty any cballcm^e as to tin; jurisdiction of I'chrin^^'s Sea had been made, why was it not settled by the Treaties 'r Did the llii^h Contrairtincf Powers to these; Tr(>a tics enter into a discussion lastini^ nearly two years as to one matter and make adjustment by Treaty as to other mattei's: "'file Convention betweii llussiaand (iri'at i^itain. aside from disposing' of the ipiestloM of llnssia's asserted sovereii,'nty over the I'a.eillc Ocean and lixini^ thesouthera limit of her possession on the west(>rn coast of North AmcricM, also established the, (iivii!''m line of their respective North American |)osscssions from .")!• lO nortli to the tV";'.M\ ocean, ubich bonndary-line is incor|)orate(l ri'rhiilitn Into the Tre;ity of Cession 1 ! •■^'i? from Itnssia to the Initcd States. (Ti'eat> of 1!S()7, Article 1.) " If dill'ercnces existed as to the dominion of the MclirinLr's Si>a, why were ihey not J' . settled, as that manifestly would he a part of tli(> object of holding' the Cou- eiitio!' ? " Rusaia'n Jurisdiction. " ll cannot be successfully maintained that iiy sucli t(n-m.s as the ' (Jreat, Ocean,' the ' J'Mcilic Ocean,' o'- the ' South Sea,' the llii;h Contnictin^' L'owers referred to the Rebrinir's Sea. 's„le from this, it is stipulated in both 'freaties that the ships, citizens, and subjects of either Power may reci])rocally friMiuent the interior seas, i,'ull's, barboiirs, and ci ks of the other a. Chancellor Kent alhuh-s to this subject as (he 'claim of lUissia to si)verci!j;nty over the I'aeilic Ocean north of the ."ilst degree of latitude.' (Kent, vol. i. p. l>s.) " A summary of resnits followinu' the discussions and Conventions as to the Itoyal Ordinance of lsj| js Ihe ab.uiilonmenl h\ Kn.ssia of her claim to soveicinnlx overihe I'aeilic Ocean; a surrender of her claim to the North Vmci'ican eoast south of .") I- 10'; a seitlenieni by jlussia andtireal Itrilain as to th(^ boundary-line of their jiossessions in .\orlh Ann-ric.'i; aui'cemeiits as to setllenients upon each other's territory and iiavii^ation of (\ichdllier's waters, but no surrender of Russia's jurisdiction over the Jiehrinit's Sea. 120 " Powers of Conijress. "Ulioii this brancli of the subject, the power of Conijress over Bclirinij's Sea, tliore seems to 1)0 little room for diseiission. The power of a natiou to control its own dominions is one of the inherent elements of sovereignty. " ' AMien a i.ation takes possession of certain parts of the sea, it takes ])ossession of the empire over them as well as of the domain, on the sanu? ))rinciples whicli an- advanced in treating; of tin; land. These parts of the S(.'a are within tiic jni'isiliction of the nation and a part of its territory; the Sovereign commands them; In; makes laws and may j)unisli those who violate them ; in a word, he lias the same rights there as on the land, : ncl in ncneral, every right which the laws of thi' State allow him.' (Vattel's 'J.a^v f "'ati ms,' p. l.SO.) '• Hy the T.c 1S()7, ' thi.' cession of territory and dominion therein made is declanvl to Ix? Ir d iincncumhered by any reservations, ])rivileges, franchises, grants, or jiossession,-, .... and conveys all the rights, franchises, and jjrivi leges now belonging to Russia in the said territory or dominion and the appurtenances thereto.' (rreaty, Artich; VI.) " The Constitution of the United States declares that all Treaties made under the autli(.ri(y of th.' L'liiti'd States shall be the su))reme law of the land, (t'onstitution of the Tnited States, Article (J.) " That same iustnunent v(>sts in Congress ' the jiower to make all needful rules and regulations respecting!; the territory or other property belonging to the ','nited States.' (Constitution ol the United States, Article t, section ;{.) " I\rai\il'cslly, the Acts of Congress containe(l in chaj)ter .'5, Revised Statutes of tin.' United States, ' ridatiug to the uiuirgani/.ed Territory of Alaska,' and under which th(> inC'irnialion is brought, are embraced within these constitutional provisi(,ns. " Concluaion. "The forci.':oing record may contain but a uu'agre idea of the indomitable energy and ])ei>e-erance disiilnyed by tlu^ ItussiaTi people in acijuiiMMg em])ire iu North America, beginning with discoveries of Rehring in 17-S, and extending for more than a centui'V and a ciuarter, wherein they braved the jierils of land and sea, overcame a savage native p;)pulation, faced ice and snow, storm and shi])wreck, to found and maintain onpire; on these rugged shores. Enough lias been said to disclose the ])asis of Russia's right to jurisdiction of the Rehring's Sea uiulor the law of nations, viz., original posscssicn of the Asiatic coast, followed by (liscov<>ry ami jxissession of the -Vleutian chain ami the slnu'cs of Alaska \orth, not only to Beliring's Strait but to Roinl I'larrow and the frozen ocean, thus inclosing within its territory, as within the embrace of a mighty giant, the islands and waters of Hehring's Sea, anil with this the assertion and exercise of dominion ovin* land and sea. "Such is (lur undei'staiuling of the law, such is the record. Upon them tiie United States are prepared to abide the .Judgments of the Courts and the opinion of the civilized world. Inelosure 2 in No. 77. El trait from the "AW Ymk Hcriitil," Oclolirr IM, 1887. Tur; .\i,.\sK.vs Sii.vi. Fisiii;uii:s. -The " Herald " lays before its read<'rs this morning the groinuls on which the l.'nited States claims exclusive jurisdiction over the seal lisheries of J^'luing's Sea, as set fin-th in the brief of the couns(d for this country in the case against certain British vessels charged with violating our rights. The jilea in defence is that tlu; United States has no dominion over the Viat(>rs of Rehring's S(>a beyond a marine league, or .'i inih.'s, from the Alaskan shon-. ]?u( this view canimt be sustained. As is shown by numerous authorities citi'd in Counsellor Delaney's brief, it is a recognized principle of international law, and one wbi(di this could ry li;is always asserted, that a nation has jurisdiction not only o\er waters within the marine leai^ue, but all waters, whatever their extent, embraced within its land dominion, (iulls, bays, and .arms of the sea l)(dong to the coiuitry within whose land they are encompassed. Now liehring's Sea is not a part of the open or high sea. It is, as ^fr. Delaney (dearly shows, "an inland water cut oil' from the ocean and essentially land-locked." Before the purchase of Alaska by the United States in ]bll7 it was within theexcliisive 121 jurisdiction of Russia. By tliat purciiiiso itpasscd into the exclusive jurisdiction of tim I iiitcil Stales, wliii'li suiu-cwlc^d to t)ie title of Jlussia. No. 78. 77/p i\ffirqiils of Salisbury to Sir L. West. Sir. Forriijn Office, October 20, 1887. Wl'i'll. rcforcntie to my ilcsjiateli of the lUtli instiint, recjuestins^ you to jn'otest ti) Ihi' L'liited States' (iovi.'rnnnMit a;^ainst the seizure of t lie liritiwli sealiiiic schooner •' .\lfred Adams" in Jielirini.;'s Sea, 1 liav(! to instruct you to yive the United States' Secretary of State a copy of tin; l{e|)ort, and ineiosures, whicdi was drawn up by Ml'. I'li-^tei-, the Canadian .Minister of Marine and I'isiieries, on the l.jth ultimo. I understand tliat this document lias heiMi coinmuiiieatc'd to you by the Uovernor- (leiieral of ('aii.'ida, and a copy was inclosed in tiie letter from the Colonial Office of liie 17tli iiistaul. I am, &c. (Si-ned) SALISBURY'. No. 7!). T/if- Munjuift of Sfilinbiirii In Sir L. iVest. Sir, h'ureiijn Office, ()ri„her 29, 18S7. I ll.VVI'] receivcid your despatch of the lltli instant, inclosijii,' a luite from Mr. Bayard, in wliiidi he expresses re;;ret that the orders of the I'resident of the Knited States for the release of tiie vessels ■' tJandina,'' " Secniary ol' State protestiiiLr airaiust the seizure of the Canadian vessel " .\lfred Adams" in Heliriiu,''s Sea, and au'aiiist the contiiinatiou of similai' proeee(lini;js by the Uuited States' authorities on tlu; hi;,'li seas. F have, &e. (Si-ned) L. S. S.\CKVILLE WEST. Iiiclosiire in No. Sd. Sir L. West to ^fr. liniinrd. Sir. Wnshinytmi, October 19, 1887. I II WM the ho'ioiir 1i inform you that f am instructed by the Marquis of S disbury, ller Majesty's I'rineipal Secretary of State for l"orcii>;ii .Vlfairs, to protest ti'.'aiiist the seizure of tlii' Canadian ves>-el "Alfred .\dains " in Uehring's Sea, and a'.:aiiist the continuation of similar proceedings by the United States' authorities on the liiu'h seas. I li.nve, &c. (Sii.'ncd) L. S. SACKV[LLR WliST. LI28J B 122 No. SI. Sir L. Went to the Marqidn nf Sdlislmry. — {Received Nnrrmbir 14.) My Lord, Washinr/ton, Orloher 2.3, 1887. AA'I'ril nrfprcnnc to my dcspfitcli of flic 2()lh instant, in which I iiad the lioiioii)' to iiKdosc copy r)l' the note wliicli, accordiii!,' to instructions, I luhh'csscd to the T^nitcd States' Govornnicnt on tiic siihjcct ol' the seizure of tiii! " Alln'd Adams " in Behrinu's Sea, 1 iiavo tlie honour to transmit iierewith co])y ol' Mr. Uayard's reply, in wliieli he acknowledges the receipt of my ahovo-meiitioned coramunictition. I liave, &c. (Signed) L. S. SACKVILLE WEST. Inelosure in No. 81. Mr. Bayard to Sir L. West. Sir, Department of State, Washington, October 22, 1887. I ITAl) the honour to receive last evening your note of tlie ]Oth instant, conveying the instructions addressed to you hy the ^Marquis of Salishury, that you shoidd i)rotest against tin; seizure of the Canadian vessel "Alfred Adams" in Behring's Sea, and against the continuance of similar ])roceedings I)y the United States' authorities on the high seas, and 1 iiave, &c. (Signed) T. P. BAYAIIU. No. 82. Colonial Office to Foreign Office. — (Received November 21.) Sir, Doiiniiifj iSlrcel, Nnrember 19, 1887. ATITII reference to previous corresjiondence, I am direcled hy Secretary Sir ilcnry Holland to transmit to you, to he laid hefore tlie .Manjuis of Salishury, .a copy of a despatch from the (jovernor-deneral of Canada, iorwardiuL; a .Minute of the llxeeutive Council of British Columhia res])ecting the vahu; to that iirovinci; of the stjaling industry on lielirinic's Sea. 1 am to ask what answer slnnild he returned to Lord l.ansdowne, and to suggest that co])ios of these papci-s should be forwarded to iler ilajesty's JlinistiT at Washington. I am, &c. (Signed) JOHN BRAiLSTON. Inelosure 1 in No. 82. Tlic ^farc/uis of Lansdowne to Sir [I. Holland. Sir, Uotcrnmcnl House, Otiaini, Oclnbn 20, ISST. I HAVE the honour 1o transmit to you a co])y of an a])|)rovcd iieport of a Committee of tlie I'rivy Council, to which is ap|iende{l a co])y of a despatch from his Honour the Lieutenant-(io\einor of ISritisli Cohnnhia, covering a .Minute of his Hxecutive Council setting forth the value to British Columhia of the jirescnt sealinir industry in i?chring"s Sea. Vcu will ohser\e that the Executive Councilor Jh'itish Columhia consider that the rights of Jirjtish sul)jects, as regards the Jieliring's Sea, should he included in the scope of t!;e duties of the international J'isheries Commission. 1 have, i^c. (Signed) LANSUOWNE. 123 Inolosun> 2 in No. 82. Report of n C'onunillai' nf the Ilnnonriihlc lite Privii Cnitnril fnr ('(inridti, (ipprnrrd ht/ his Exci'lli'iici/ titc (Joicrnoi-Gciii'riil in Coiiiicil mi tlic \.')lh October, \bfil . 'rJllH,'()iiiitiitt('c of tlic I'rivy Couiu'il liuM' liail uiulor considonitioii a dcspjilcli, diilnl iJlli September, 1S87, I'loin tlie liii.MiteiKuit-nDveriioi' of British Coliiiiilii;i, (iiveiiiii; ;i ]\liiiuto ol' liis Ivveeiilive (Amiicil setting I'oi'tli tlio valiu; to J?iitisli ('(iluiiibiii ol tlie ])resciit se.'iliiii;' industn' in lieiiriiiy's tSeu, toi,'ether witli tlu; opinion (if the Executive lli;it tlie riijhts of Hrilisli subjects sliould Iiiive tbn same ])rotecti()n md consideration (111 tlie I'acilie as on tne iVtIantic, and tlial tiiese riu;lits as regards the iJeliring's Sea sliould ix; in(dudcd in tlic scope of tbe duties of the Intornational Commission in process of ori,'aiiizatii)ii. The -Minister of .Marine and I'isbcrics, to wbom tbe despatcb and inclosurcs M'cre referred, rccomnicnds that a copy of tbe dcsjiatch nd'errcd to, with its inclosurcs, be truusmitfcd to Her .Majesty's (jovcrniuenl. Tbe Committee advise tiiat your I'jxcelloiicy be moved to transmit a copy of tbe jiapcrs iierein \ncnti(jncd to tbe liiirbt Jlonoiirable tbo Secri.'tary of State lor the Colonies, for the information of Her ALajesly's (JovernmiMit. All which is rcspcctfullv suhmittcd. (Signed ) .1 (J 1 1 N J . ^[c ( i I- K , Clerk, Pririj ('(luncilfor Canada. Inclosurc ;i in No. .S2. Lii'utcnanl- Governor iVe/.vo« lo the l^ecretari/ of State, Ottawa. Sir, llnrrisnn lint SiiriiKjx, British Columbia, September 15, 1887. 1 lIAN'l'; the honour to transmit liereuith ;i cojiy of :>. .Minute of my Executive C luncil, a|)]iri)\cd by me on tlu^ 'Jlli instant, rcpn.'senling' tiie value to the Province of lirilisii Columbia of the ])rc'siMit scaliiin' industry in lieiiriiig's Sea, tlie number of \(,'ssels, men, ifcc, engaged in the same, tin; loss to the province certain to ensue from till' destruction of this trade liy the seizures :in(l conliscations mad(> by tbe United States' eruizers. That tlic rights of 15ritisii sulijects sJKiuld have tbe same protection and conside- ration on the I'acilie as on the Atlantic, and that full comiiensalion and redress for ill juries alreaily received, and assurances of future non-interference, should be obtained from the I'uitcd .Stales' tiovcrnmeiil. 'I'liat this (|uestion should be included in the scope of the duti(N of tbe Intcr- niilioiial fishery Commission now undersiood to he in process of organiziition, and that it is desirable said Comniissinn should hold simie of its sittings in Victoria, for reasons therein set lorlli, &c. I have, &e. (Signed) UUliK NELSON. Inclosurc I in No. S2. PiioviNci: 01' J5i;iTisii Columbia. Rtjiitrt nf II ('(iiiiniitler of the IhiiiiiKiiilile the Eieriitive Council, iipjirnced In/ lii.s Honour the IJeiilrniiiit-docenior on the \)lli September, 1SS7. ON a Meinoiandum from the llonoiir.'ihle the Mi listerof i'iii.ancc and Agriculture, dated the I'ltb Se[)tcinber, lss7, setting lorlh — That there are usually eugaLrcd in se.al-lishiu^;' in l!eliriiig's Sea seventeen vessels wholly owned liy |ieo|)h' residing in this city, of the aggregate value of 12."),000 dollars ; I'hat, the oiillit for each semi-annual voyage of these vessels represents an expen- diture of 7r>,()(K) (h)llars, etiual to 100,000 dollars a-Tcar ; Tliat each of these vessels, on an a\('rage, (Miiploys a crew of live whites and hIkhiI t\M"ntv Indians, or llfteen to cigbteeii whites as haulers; [i-^si n 2 124 TliMt the probable aj^cfregatc value of the product of eachvoyatje is 200.000 dollars, or l()0,0()() dollars a-ycar; 'J'liat tliis industry, tlioudi as yet only in its inl'aney, is a very important one for so small a community ; That the i,'larini^ and unlawful seizures and eonliheations in liehrintr's Sea durint; last season and the |)resent yeai- are coniph^tidy erushiu!,' out this iul'ant industry, and causing; luin, ami, in several ld with and interested in the I'aeilie tisheries may have a better opportunity of being lii>ai'd and making the Commissioners more thoroughly aeipiainted with the subject than would otlierwis(! be [)ossible : The Committee advise approval, and that a eo])y of this Minute be forwarded to the Honourable the Secretary of State for Canada [sic]. Certified, (Signed) .INO. ROBSON, Clerit, Ejcecutivc Council. No. 83. The Marquis of Salinburii to the Ihilish Plcnipotcatiariex at the Fishriie.s Conference. - \iiu\istuncv telvijni[ihed.) Geutlemeu, Foreign Office, i\(jvemhcr 28, 1S^7. I llECEIVEU ou the 20th instant a telegram from ^Ir, Chamberlain, incpiiring whether a ])roposal for an Tnternational Confereuec- in regard to the J5eliring'.s Sc.i fisheries had be(;n accepted by Her .Majesty's Government. iou are aware, irom the uorrespondenee whicdi is in your possessi)n, that communications with rel'crenee to a proposal which would appear to iiave been addressed to some of the Maritime Powers by the United States for an International Convention for the i)rotection of seals in th(; Hehring's Sea, were received last OctobiT from the German and Swedish Char;^es d'.VIl'aires in London. No definite invitation, however, for an international understanding on this question Las yet been received from the Government of the United States by iler Majesty's Government. In answer to a (piestion from ilr. Phelps, 1 have expressed my.self as being favourably disposed to negotiating for an agreement as to a close season in all .seal fisheries, to whomsoever belonging; but 1 carefully separated the question from all controversies as to fishery rights. I am, &c. (Signc'') SALISlJUPtY. 126 No. KJ.. The Marquis of Salisbury to the British dniiimi.ssioiK'ns in the [■'islu'ri':i Con/crence. (jciitlomon, Fiireiijh Olfict; Xoremlier 29, 1887. I 'ri!AXS\fIT lici'owilli, for yrmr inrmmalidii. u cuiiy of n Idler IVom Hii! Cnlniii.'il Odlcc,* and its incli.siiri's, {'.'illiiii.' ;ilti'iiti-. .-t desire lliat tliis (juestimi .slioiild be itieliiiled in tlie scope of tlie dulies of tlie l^'isiieries 'Joiifereiice now sittili!^ at WasliiiiL;toii. A copy of the reply wliicli hasboiMi rotunied to (he Colonial Oflicc! is also iiiidosed hcrewitli.t I am, &c. (Signed) S.\LISRURY. )r\vardL'd to No. 8"). Foreign OJfire to Colonial Office. Sir, Fnrriijn Oflire, Xnvfiiiber 29, 1887. I AM directed by the Marcpiis of Salisbury (o aekiiowlelice the recei[)t of your letter of the I'.tlli instant, with its inelosnres, showini? (lie value to Hritish Cohiiiibia of the present sealini; industry in liehrini^'s Sei. His J>or(lship notes 'In; opiiii(>n ex[iress.'d in the .Mini'.tr of the l^xecutive Coiiiieil (if the Colony that this question should lie inidiided in the scope of the duties of (ho rishcrics Coiirereiue now sittini; a( AVashinnton. I am now (o rei|uest (hat, in laying; tliis letter before Secntary Sir 11. Holland, you will s(ate (o him that copies of Lord J^ansdowne's despatch of the 20(h ultimo, and of its iuclosures, will be forwarded to the ]5ritish I'lenipoteutiaries at the Conference. I am also to call attention to the instructions in re!:;ard to tliis subject contained in Lord Salisbury's despatch of (he 21th ultimo to the IJritish Plenipotentiaries. t It was then .stated that " the question of the seal lisheries in the IJehrin ''s Sea . . . has not been s])ecifically included in the terms of reference; but jou will niid(Ts(aii(l tluit if (he I'nited States' l'leiii]io(entiaiies should be authorized to discuss that subject, it would come within the (ernis of the reference, and (ha( you have full power and authority to treat for a settlement of the points involved in any m;uiner which you may d("ein advisable, whether bya diree( discussion a( (lie present Conference or by a reference to a siil)seSali.shitrii.--(lipcciv('lioii of the seal lisiiciy in the Ik'li ring's Sea lias not yet aii-cii lor (liseussioii at the sittings oC the Coiilereiice. 1 have, kc. (Signed) .1. ClIAMBKULAIN. No. 87. Colonitit OJ/icc Id Forciijn OJ/icc. — (Rcccircil Doccmlier _'(!.) 8ir. I)(}iniliii/ SIri'i'l, Drrniihcr 20, 1SS7. I .'v^r direeli'd by I he Seen'lary of State for I lie Colonies to traiisiiiit to vou, to ho laid liel'oie the .Mai'(|iiis ol' Salislmry, a copy of a despateli from the (lovenior-dencral of Canada, forwardiiii; revised (daiiiis made hy the owners of tlio " 'I'liornton " and "Carolina " for losses sustained on .neeoiint of the; sei/.iire of these vessels by a United (States' ili'voniie vessel in lielirinii;'s Sea. 'j'lu" revised claim of the owners of tbe "Onward," the other vess(d seized in I^St!' has not yt>t been received, but Lord Salisbury will know whether it will be advisable to wait for it before piiltiuLf forward tli(> " 'i'liornlon " and '"Carolina" claims. I am to request that the inelosiires in Lord Landowue's desjiatdi, which arc sent in orii^iiial, may be retiirni'd when done uith. I am, &c. (Signed) JOHN 1311AMST0N. Tnclosnre 1 in No. ST. Tiif Mdiiiiiis (if Liiii>:(lnwiu' tu .iir II. Ilolltiinl. Sir, Gorrniiiii'in llaiisr, Olliiini, ])i'cciiilier 2, 1SS7. WlTIf reference to yonr des)iate]i of the 1 tth September last on the sill)j(!ct ol' the seizure of Urilisb sealim,'-vessels in 15ehriii!4'.s Sea by United States' Uevoiuie criiizeis, and direetini,' attention to the maifnitndi! of the claims for comjiensation ])re- I'erred by the owikm's a'j:aiiist the Liniteil States' (iovernment, I have the honour to forward herewith a copy of an ajiproved I'eport of a (.'ommilteo of the I'rivy Council, .'.ubiiiiltiii^ a revised Staleineiit of (lie losses sustained in the cases of the "Thornton" and " Car'ilina." My .Minister of -Mariiii' and I'isheries considers that tin; claims now made ••ire not unreasonable. Von \\ill observe that whereas the .■iinouiit at llrst claimed in i'es|)cct of the seizure of these two vesscds was l(l"j,22:i dollars, th(> amount now claimed is 71,UtO dol. (i(i c. In the ease of the " Ouwaril," the third vessel seized, the claim has not yet been returned by the owners. I have, ice. (Sii,'iu'd) LANSDOWNE. Inolosure 2 in No. s7. Cnlijird Colonies, on the subject of the seizure of British sealinij'-vessels in liehrini!;'s Sea by United St.ates' lievenue cruizi'rs, and direcliii^' attention to certain claims for eoiu- jiensation an'ainst the United St:ites' (Jovernm(?iil. 'I'lie Minister of Marine and I'isheries, lo whom tlu; despaU'h and inelosiires were referred, staled that the elaiuis (three in number) i'(!l'erred to in this despatch were 127 wnt back to tlio nwnor.i of tlio vossols (or revision. Tn tlio rnsos of two of tlicso, tlio " 'riidrntoM " mid " CanilLnn," a lull and dctaili'd revised .Stalcincnt id' tlie losses is !;idiliiilti'd iiere\\itli. 'I'liese, the Minister siihiiiits, are not nni'eMsoiiahle ; tlii; (daiiii lor the "Onward," tiie third vessol seized, has not vet he^'n r(;tiirned Iiy tiie owncn's. Till' Conuiiiltee rcjeoniniend that your I'Ai clleney he nioveil to I'oruard the ejainis heri'in nuMitioiieil to the liiitht ilononrahle the Secretary of State for tlie Cohjuies, for nansniission to the United States' (io\crnnient. All wliieh is re.s[)e(.'tfidlv suhniitted for vour Mxccdloncv's a|)|)roval. (Si^'ned) 'JOHN J. McfiEK, Clerk, Priri/ Coinicil, (JuiukIii, Inelosurc 3 in No. 87- Declaration of James Dour/las Warren. od in ISSC e, advisahh- 1' the M'izure » dol. (iO c. lot vet been for Canada, h November, lo.sures \v(>re spatch w erci City of Ottawa, I'rovinco of Ontario, Dominion of Canada. I, ,1A:MKS DOUGLAS AVAHni';N, of the city of Victoria, in the rrovinec of Mritish ('idunihia, of the Dominion of Canada, mariner and sliip-owner, solemnly and sincerely declare as follows: — 1. That T am the duly authorized ai,'ent of \\'illian) ^^unsle, of (he city of \'ictori;i aforesaid, the owner of th(> herein.'ifler mentioned schooner " Carolina." 'i'liat the said schooner "Carolina' IS a Hi'itish vessel, registered ;il the iiorl of Victoria iifbresaid, of about tons l)in'deii, builders' mi'.asurcTnent, and tl ,t ii ISSI- the "Carolina" was rebuilt and lepudhencd about I'l feet bv a section built aniiilsluns, a [ind tirst-dass order aTid condition. In A.n. IHH't (ho said " Caro- was v.'dued for insurance bv the l' Insurance Company at l.ttUO doll.ars, 1(1 in A.T). T^s(; the California Insurance ('oni|Kiny |ilaced the same value, mimely, upon liei' for a like ])ur|iose. | am informed l)y the said William Munsh .000 doll :ir; id 1 iclieve that since the ridiiiildi id enl ;irirein cut of the "Carolina," sli been re-rei;istereil at the |iort of A'ictoria aforesaid nor at any other port, and tli.at (Mii~e(piently her actual tonnage is :,'reater than appears liy the ollicial reconl, or the; rei,'ister of the said " Carolina." :{. That on or about tlie 2(ltb day of :Ma\-, a.d. ISSO, the said " Carolina " left the duly cleared at Customs, one .Fames ]iort of Victoria aforesaid, after havin;; b l)i;ilvic IxMiiLr master, and one James Ml; mate id a crew ol nine sailors am hiuilers. on n tlshiii!'and liuntimr vov;e,i> in the North facifu! Ocean .and Helirini;'s Sea. \. Thai oil the 1st (lav Auiri 1st, in said vear I'^'^t), wliile in s.aid Mehriiu Sea rlh latitude .")(!', west loiiLritude Kis .");>', then bein:.;' from (!.") to 7'> miles from the nearest land, and while, as I am informed and verily believe, Lawfully pnrsiiin tli( ijects id v( .the said schooner '• Carolina " w.as seizei il bv t' nited Stales' steam-ship "('orwin," and taken to Ounalaska, in tin.' T'erritory of Viiska, of the United States of America, .and her voyage broken u)i. it. Thiit on arrival at Ounalaska aforesaid the " Carolina" was, by order of the United States' authorities, stripped of h'r oiittit and rnnninLC-uear, tlie seal-skins on hoard taken out, the capt.ain, .lames (.)i;il\ie, and th(! mate, .Tames Mlake, placed and arrest and sent to Sitka, in J Teriitorv of Alaska, and the crew sent to lhi> citv of 111 J'rancisco. (i. That upon arriv.al .at Sitka tl cajitai 111 the male of tl rorinally charu'eil with havini;' \iolated the laws of the I'nited States ri'spectiiiLT se.al-lishinn' in the waters of Alaska, but before the day fixed for tin ' Carolin.a " were V.merica 1 trial of .said charii'c Captain Oiiilvie disappeared, and was afterwards found dead about the ueiiihbourl if Sitka. The mate, .lames Blake, was tried, found u;uilty, and sentenced to pay a lino of .'!(!(> dollars and b(> imprisoned at Sitka for thirty day.> ami which imprisoumenl, he, .lames HIake, snil'ered. 7. That hereto auue\ed, markeil (A I, is a Statement of the articles comprisiiiiJ: llie iiitlit of the schooner " (.'.arolina " on iier departure on said voyaijc, and all of which I ■ilv bel leve were ( )n board the "Carolina" at the time her seizure, excej itiiu only what had been eousnmed in the ordinary course of the voyaije, tou'ether with the value of said articles, also of the amount of ]n'emiiims ])aid for insuriince on the bull. oiitllt, and car^'o of the said •'Carolina" for the said voyai^e ; also of the amount ef wanes paid to th(> cnrw and hunters on board the "Carolina" up to the time of such seizure ; also of the espi nses of tlu! mate .and jiart of the crew in icturnin;^ to the 128 citv of Victoria I'loiu (^iiiinlaskn and Sitka, aii>S(), ;ind tiieir voyai;cs thus hroken up ; the schooners " Mary layi'ir.' '■ ^.lountain (,'hief," " llusller," and "Kate" not havini: heen in l!eiirinj;'s Sea duriui,' the season of li^sCi, the eateli of these ahove-named sehooiu'rs are not included in estiinatinir the aver;ii?i' cate!i in Itehriun's Sea foi' that year. On account of tiie seiznres made on the 1st and 2nd Aui,'ust as aforesaid, and of the s(dio(Mier "Favorite" heim,' ordered out of the sea hy the Conunander of the s;iid " Corwin," the thirteen vi'sscls nu'ntioned in Msluhit (I?), with one or two exccjitions, left ]'i hrin^'s Sea, or tho host sealini,'-^'roumls therein, loni; hel'oro the close of the sealin;,' season, and thus the nveraije catch as founil in ]v\hil>it (15) is fully, as 1 verily helicvc, oOO skins less than it would have been had they all rtMuaineil till the cud '' tlw season. 9. That hereto annexed, marked (C). is a Statonicnt of the lei,'al scs incurred at Sitka and elsewhiMc liy reason of the seizure of the "Caiolina, . ihc arrest of her cajitaiu and male as aforesaid, and also of the pei-sonal expenses counectt.'d therewith. 10. That liercto annexed, marked (D), is a Statement ol tin; damaijcs idaimcd hy the owiuT of the "Carolina" hy reason of her said seizure and detention diirini; tiie years 1SS(!, lss7, mid ISS'-, hased upon the avera^i- catch of seal-skins j)er V(!sscl as found hy Exhibit (M). 11. Tin- price |ier s';in (diari,'ed in Inhibits (A) and ( I)), namely, 7 dollars, was 'he marki.'t ))rice at \ ictoria aforesaid at the close of the season of issd, jiiid was the |)rice wlii(di, in the ordiuai'y course of events, \\(iuld have been realized for said M-al-skins had not such seizure taken place. 12. That hereto annexed, mark<'(l (M), is an estimate; of the |)rincipal sums on which interest is claimed, from the 1st day of October, A.D. \^>^tt, on or about which date the catch of the "Candina" would have been realized on had she not been seized, and also for tin; actual outlay by her owner prior to that date, arisini,' by reason of the seizure and detention of the "Carolina," tlie arrest of tin; eajitaiu ".ml mate, and tbe expenses of the mate and crew in returuini; to Victoria from Ounalaska and Sitka. 1.'5. That (huiiii^ the month of October, a. I). IH^I>, and ever since that time, the niinituuni rate (d' interest on money for commercial ))ui|ios( s at th(i city of Vietori'i aforesaid was and now is 7 ]ier ciiit. |ier annum. 14. That bcri^to annexed, marked (!•'), is a Statenu-ut of tbe items of the outfit of the "Carolina" when on said voyai^c and the value thereof, wlii(di would have l)een wliolly consumed in tbe ordinary prosecution of a full season's huntiufif and lishiui; voyai^e. 15. The jjrices charLjed for tbe articles and sronjjs of articles in Exhibit (A), comprising tbe oiitlit of the "Carolina," arc; the market [)rices of the said artich^s and groups of articles at Victoria at the time of their purchase for the purposes of said voyaife. l(i. That as to tbe item, "Cash on board and uTiaccounted for, 500 dollars," charged in lixhibit (A), I am informed l)y the said William Mmisle, and do verily believe, that the said sum of 500 dollars was placed on board the "Carolina" at the time of her dcjiarture from \'ictoria as aforesaid, intrusted to tins mastiT, .lames Ogilvie. for u.se in eases of emcrgi'ucy or nnforeseeu expenditures, ami 1 verily believe that said s'mi of 500 dollars was on board the " Carolina " at tbe time of her seizure; but owing to tiie death of Captain Ogilvie at Sitka, it was not known by tin; said owner what became of the said sum of 500 dollars. 17. That at the time of the seizure of the " Carolina '' she was in good order and condition, having been thoroughly overhauled before starting out on said voyage, and not having sustained any damage beyond ordinary wear and tear during said voyage up to the time of her seizure. 1:11) iiuiiilx'r 111' Villlll' ttiirtccii iCIlSOIl of I' l!t'|)ort ciir IMSC, |i,'i'^('s '2 1>) tlit> siiiil iiiin^' llic il on till' •s " Man |{rliritii;'s s ai'O iii)t II aci'ouiit sclioiiuci' Ciii'wiii," tioiis, Icl't 111' si'aliiiL,' Iv liclit'vc, iiid '■ till' SI'S . ilic couiioeti.'d clainu'il liy hiriiiu: till' r vessel as IH. 'I'liat till! valufi placed on the " Carolina," namely, t.OOO dollars, is u lair ii'ad reasonable valuation of tiic said schooner, and fronrv my p(;rsonal knowledge of liic "Carolina," and tlic value of vessels of her elass at Vietoria, f verily helieve that she could not he replaced hy a vessel in nil respeets as good and as well adapted to the purposes for which she ^^as used Ibr a less sum than 1,000 dollars. T.). That on or ahoiit the l.'Jth day of .luly last jiast I was at Ounnliiska afore- said, and saw and was on hoard of the said schooner "Carolina." 8he was then lyini^ aneh'in'd in the harbour at Ounalaska, stripped of all her oiitlit and running,' u'ear. Her staiidiii'.; riu;i?ini^ was nuieh weather-beaten, her iron work niiieli rusted, her deck seems in a bad state, and I verily believe, from tho condition in which the " Carolina " (hen was, and in view of the fact that she must remain so exposed imtil least next May (a. I). ]>?ss), it will cost at least l',000 dollars to put her in as ;,'ood rejiair and condition as when seiziul and return her to Vietoria. To be taken to Vietoria under ordinary rii'cuinstances would alone cost between 2,500 and .'5,000 dollars. 20. That the "Carolina" at the time of her seizure was insured in tho California Insurance Comjiany for the sum of 2,oOO dollars on her linll, and in the sum of 1.0(10 dollars on her out lit and carijo. 21. That tlic estimated loss of ."(,000 dollars for each of the years 18S7 and 1S.>< hy reason of the seizure, and detention of the " Carolina" as aforesaid is based upon an .iverai;e catch of 2,;{M) seal-skins for each of the said yrurs, at 5.^ dollars per skin, which was the market value per skin at Victoria at the > mse of the season of 18b7, after deduetiiii; therefrom tho cost of outfit and wa^^cs, based on the "Carolina's" voyage of a.d. i.88(i. And I, James J)(iuglas Warren, aforesaid, make this solemn declaration, eon- seicntiously believing the same to be true, and by virtue of the Act respecting extra- judicial oaths. Declared and alllrmed before me at the city of Ottawa, in tho county of Carleton, in tiie I'rovinee of Ontario, this 28tli day of November, A.i). 1887, and certified under niv oHieial seal. (Signed) J. D. WAIUIKN. (Signed) W. D. IIoGG, Xotary Public for Ontario. Exhibit (A). Del. e. Dot. e. V;iliic of tlic schooner "Carolina" at the tiiuu of seizure , , , , 4,000 00 Outllt— Groceries ., r.98 fiO Aniiiiuiiition ,. . . . . . • 173 ;)4 Six >lic)rt I'uns ;!00 00 Five rilli's . . UiO 00 Gun implements e.nd tools . . . . . . 17 29 Dry ^00(1:4 . . . . . . . . . • 71 ;!7 Ship chanillery JiTC) 8;i Wilier easka 12 00 Chronometer . . . . . . . • 100 00 Four canoes aiui outfit 248 50 One boat 100 00 .Salt Hi 00 ( iml and wood for fuel ;i7 r.2 Cooking stove and uteiis'ils 7'.' 110 Miiteellat-ieoun .. .. .. ■12 ai Cash on board nn I unneeounted I'ur ."iOO 00 Two se.vtants , . . . , . 7o 00 :i,o02 8'J Instiranee prtnniuni and survey fee oil '2,500 doliais on hull and 1,1100 ilolhirH on outfit and car(;o , . , , , . :i52 .'lO WaL;es paid to luinler- and eiews for voyage up to tin\e of seizure . ,302 22 I'ait of crew liaviiif; b-iii s.'ut to San Franei-ieo by Uiiiteil .Suites' authorities, board of live men at .San l''ranei>eo and passa-e- mom y thcnee to Vietoria ■ • 71 72 "'iissaite-moiiey and e.xpenscs of mate, .lanu'.s li!al;e, from Sitk 1 to \'ioloriu after release from prison •• 100 00 2,003 04 68G aeal-sUins on lusard the "Carolina'' when seized. and not returned, at 7 dollars per skin . . • • • • 4,S02 00 Total Fxhiliit (A) * 14,101 33 ri2H] 13(» Exhibit (J5).—Ni;mbeu of seal-skins taken by each of tlio Ibllowlnij tliirtcon sfvilin:; vessels (liiviii!; tho roar 18SG in and nLout the Ik-liring's Sea, most of the siiid vessels leavint? tlio soa before tlie end ol" llie season rciiviiiif capture. Vessels. ratliliiulor .. M;iry Kllcn .. TIiiTosa I'avniiritc lilark Piamond AllVeil A'iiHiis Ai'liw '.'ity nl'Santi;>.,'i> Silvia lianily Dolpliin Anna licck .. (irac'j Snvivaid , . Numl'ir of So:il-l,ins. Total catcli Aveiofjo jicr vessel i,7t;r, i:2'>r, 2,fii>r. 2.;i-.'.'i i.7(i(> L'.ICJ •J,'J7.'i 1,5S7 L'.tJdl 1,10(. ao.osj 2.081 Exhibit (C). Iie;;nl expanses at Sitka in cnnnection with the soiz.ire of the " Cnrolitn " . . Counsel mill otlier le^ul leos anil expcnsrs in ami ahout tlie seizarc of the "Carolina,'' and tlie elainis arising.; thereunder, exclusive of the ahuve ■)(l() dollars .. I'ersoniil expenses other than the above in th:? same connection , . , , Total .. .. .. ., .. .. Dol. c. .)0I) (1(1 7.';() 00 2">() 00 1,500 00 Exhibit (])). — IvsTiJiATKi) dnniaces arisin;^ i'rora tlic seizure and deienlion of the scbooMcr "Carolina" based on the average eatch per vessel as ;,'iveu in Exhibit (B), season 1S80. Averai;p eateh of seals . , . . , . , , , , Less on hoar! at f eizure, and char^^eJ in Exhihit (X) , , , . llalance at 7 dollars per shin .. ,, Keasonahle and prohahle jirollt on operations for year 1 8K7 "(JaroUna" not bein^ released and not nvaihiblV to en;;a!;e in next vear's operationH, reasonable and probable inotit for •SS8 Tof,iI of Exhibit ID) \o. J.tiMl Dul. i,(;r)j = n,sr,i no T)ol. c. 0,000 00 5,000 00 10,000 01) ■;i,sci5 00 Exhibit (E).— I'^siiNtAir: u'l the princi])al .sums on ■\\Iiieli interest at 7 jier cent, per annnni is claimed, and the time for -Hliieh interest is so claimed. Value of "Carolina's" rstimnted r.Mch for ISSfi — namely, •J.nsl skins, ,it 7 dollars per skin— from the 1st day of October, A.ii 1880, when the catch would have been realized on . . ,. .. ,, ., Actual cash outlay for legal and other necessary expenses incurred by reason of tho toid seizure . , Total principal on which interest is claimed from October, A.i,>. 1886, to date of payment of claim .. ., EBtimatcd value of the "Carolina" catch for 1B87, less cost of outfit and wages of crew and hunters, on which interest ot 7 per cent, ia claimed from 1st Octoljcr, A.u. 1B87, on or nbout which date the catch would Imj rculiied on to date of payment . . . , . . . . , . If the claim for 1H87 be not allowed, then interest is claimed on the value of the "Carolina" from 1st (Jctnbcr, 1886, to date of payment Dol. c. 16,Cn7 00 500 00 Dul. c. 17,IG7 00 5,000 00 4,000 00 131 l^xliihil (Fj. — UiM'AiLS of items fiT " (.'Mroiinn's" outfit (onsiitucd a lull hiintiuLr ami .scaling: vi>yoi;c'. Groccrii-s .. ,. ,. ,. ., .. Aiiiinunition .. .. .. iJry '^'vxU .. Sliij) clmiiilelry ,. Suit f 'd.'il anil wood . , . . . , . , . . Miscclhiiii'ims .. .. .. .. .. \\ a^es of crow .. Total value consunioil . . , . rnii;- the OOUl'SC I)..l. r. 'lilS 00 I7;t 31 71 37 370 H3 81 00 37 02 4-2 34 l,8:i2 m'2 of 3,iIo 32 iTiclosure 4 ia No. S7. Declaration of James Doiujlas- Warren. City of Ottawa, Province of Ontario, Doniiuioii of Canada. " [, ,T A:\irS DOUGLAS WAIirLEN, of the ci(y of Yiotoiva, in the rroviuco of Hriti>li Columbia, of tlic 'Dominion of Canada, niarinci' and shiii-owncr, do solemnly and sincerely dcelare as fidlows: — I . That I am a ]3ritish suhject hy birih. '_'. That I was sole ownei' of the Bviii.-.;i steam-sehooner "Thornton," 7S tons liunk-u by builders' measurement, reijisiered at tlus juirl of Vietoria aforesaid, before and at the lime of lujr seizure lien'inafter set out liv th(> United Slates' hteam-shii) "Corwhi." o. That the said steam-sehooner " Thornton " was rebuilt by me in a.d. ] SS7,* at a cost of '3,')()l) dollars, and in a.i». ISSO and a.d. lf3Sl was tilted u[i with steam proj^ellinn; power at an additional cost of :!,00() dollars. Her bottom and sides of above li.;iit water-line were cop])ered and copper fastened. ■I, That on or about the Kith day of 5Iay, If^SO, the said steam-sehooner "Thornton" was reijularly cleared at the port of Victoria aforesaid for a fidl season of aliout four months' lisliin^' and hunfin;;- in the Noilh I'acille Ocean niul Eehrin;;'s Sea, and that on or about the L'Tlh day of salil luonth of May the "Thornton" finally sailed from Clayoquot Sound, on the sonih-wcst of Vancouver Island, on said tisliing and huntinf^' voyage. 5. The mastf^r of the "Thornton" on and for said voyage was one ITans Cutlormsen, of the said city of Victoria, and the mate one llarvy Minman, of the same place, and a crew of thirtcfsi men. (i. That on the 1st day of Aucnist. v.i). ]ss(;, while in ISehrin^'s Sea in north latitude .'i.'j" 15' and west longitude lOb It', lawfully, as I verily believe, jmrsuing file (jbjects of said voyage, tin? said sternr.-sehooner "Thornton" was sei;:r(l by the I'liited Stales' stcam-sliip " Corwin," ami by the " Corwin tak( n to tnmalaska, in the I iiited States' Territory of Alaska, and her voyage was l)r' ken up. 7. 'I'hat on arrival at n on linard taken out, the captain and mate made prisoners and sent to Sitka, in said Territory of Alaska, wliere, after Irial, they were fnu-d, the caiitain in the sum of •"1)0 dollars and tiic unite in the sum of "lUIJ dollars, and each imprisoned for thirty (lays, Th(^ remainder of Ihe crew, with only two cxi'(>ptcd, w<'re sent by ihe I'liited States' aiitiiorities to 'lu' city of San I'raneisco by a steamer bejongiie.;- to Ihe Alaska (.'onnuereial Company. S. That I ;im informei' by (':ij)lain (iullormscn that immediately upon the arrival at Ouualaska of the "Corwin " with the "Thornton," he (the captain) entered his solemn protest against Ihe seizuve of his vessel ami her ouUit and the seal-skins then on iioard. i». Tliat on or about the UUh day of July of Ihe pn-sent year 1 \kis at Utmalaska, and saw the said si.am-sehooner " Thornton," and found her in a very bad condition. She was lyini; on her bilge on a gr' 'el iieacli, partially eniliedded, and <;xi"'sed |o all weatliers, and was conseijuently greatly depreciated in vahie since her seizure. Her co[)per is much ('hallMl, her deck seams are opi . mI, through Avhieh water had leaked upon Ihe steam-lioiler, engini', ami machinery, all of Mhich are well 'dull ruined. She eiuiuot be brouglu away from Ouualaska Avithoiit repairs involving • t?y. 1877. [128] S 2 132 great expense, iiiid not at all before next summer can this lie done. J verily believe, Ironi the iiispeetion I thtMi ma(I(\ that it would cost over (),00() dollars to lake the " Thornton" from Ounalaska to Vietoria aforesaid, the nearest port at which tlir; rc[)airs could be made, and put her in as good order and condition as she was in when seized. 10. That at Die tinu< of her seizure the " Thorntou " was in i,'Ood re])air and condition and pei'feetly seaworthy, exceptinu; only that her niaiiunast-head ha voyage, was on board the "Thornton" at the time of Iier scjizure; also of the amount of ijrcniiunis paid by me for insurnnci' upon the bull, machinery, out lit, and car)j;o of the " Thornton " during the s;iid voyage, and also for wages paid by nu' to tlm liunters and ciew of the said " Tiiornton " of said voyage for the tinu; of said voyag(> u]) to the said sei/.iire. Also, a Sfalenu'ut of the sums paid by me for jiassngc money of the crew from San J'"i'ani'iseo to \'ict.)r'i, and pa>-.s:\gc money ;ind CApi'iisc^ of tlie ca[ilaiM aiul mate at and from Sitka ai'ler tluMr release to Victoria aforesaid. 13. That also in said Statement (A) are charged W,i seal-skins taken from th(! "Thornton" at the time of seizure, and which, so appears from the lleport of the ofllccrs of the L'nited Stal(.'s' sleam-shi]) " ("orwin," submitted to the Court, at Sitka on the ti'ial of the said eajitain and mate of the " I'hornton," and the jiriee tlu-rc; charged, namely, 7 dollars per skin, was the marker value pi'r skin at Victoria aforesaid, on ov about the 1st October, A.ii. ]SH(i, when the said skins, had not such seizure t.dicn place, would have been jilaeed on the market at Vietoria. If. That the value jjjaced upon tla^ various articles and grou])s of articles in the outiit m(Mitioned in l-lxhihit (A) is the actual cost of the said articles at, tln'cityoi' Victoria aforesaid at tiie tinu^ oi' their purehasi' in the spring of 1*<^(!, 1"). That hei'cto annexed, marked (15), is a Slateinent showing the number of seal-skins taken by each one of thirteen sealing-schooners in ;uid about Hehring's Sea during the season of ISStJ. Tiie said StalenuMit is based ujion the iicport (if the Inspector of Fisheries for the I'rovince of Hritisb ('ohniiliia fur the year IShti, as contained in the Iteport of the .Minister f)f ^faviiu! and fisheries for Canada for said year at iiji. 21S and itW). The schooners "Carolina," " ()nw;iril," and said steam-seliooner '•Thorntcju" were seized oti the ]st and l!nil Anu'ust ofsaidye;ir when the sealing season Avas not linlf over, and the schooners ".Mary Taylor," "ilounlaiu Chief," "linsllei'," and " Ivate " were not in liehring's Sea dni-inn' the season of J^'^Ci, so that in calculating the average catch I'oi- the nehring's Sea lli'cl, the catch of the seven above-mentioned schoon(!rs was iu)t iiududed. \\"\{\\ ono or two exee|ition> I hi; thirteen se.aling-schooners, mentioned in l^lxbibit (li). left liehring's Sea, iir the liest fisbinu' uronnds therein, long before the end of the; said season, as tiieir mast<'rs iVared seizure by the l'nited States' authorities, and the said averau'c catch, so found by ILshibit ( l>,i, is therefore fully 500 less tlian it otbei'wise wnuld have Ix'en. IC). Thai heieii) annexed, marked (C), is a Slatemcnt of the amount of legal expenses ]):',id and incurred by me at Silka and elsewhere, and .also o[ the amcjiint of my piM'sonal expenses inemred by reason of the said seizure. 17. That hereto annexed, markcil (I)), is a Statement showing the estimativl loss incuTnnl by nu) as ()>\ nur of the said "Thornton," by i-i-asoii of the said si'izure and detention, and of the seizure and detention of the seal-skins then cm hoard tiie "Thornton," and the br(>aking nj) ol tlu; said sealing voyage. Also, the estimated loss iiu'Ui'red by me durinir I he ])res( nt year by reason of the non-ndease of the "Thurnton ;" and in view of the laid that it is now loo late to put tli(> "'J'hornton" in repair a)id con- dition to engage in next yi'ar's business, the ,'stimaied ioss for next year. And I verily lielie\-e that the said estimates of the losses incnrred by nu' by reason of the seizure and detention of the said "Thornton " for the years \^^t>, 1SS7, and IJ^^s, ari' fair and reasonabh' estimates, and rather umler than over the acdual losses so sustained. IM. That thi! estimated loss ol' .■),()(li) dollars for each of the years 1.SH7 and IS^SH, by reason of the seizun> and detention of the "'J'hornton," is based upon an average eatcli of 2,''M) seal-skins valued at 5 dol. 50 (;. per skin, the market value at Vietoria for the present season, deducting from the gross value tliereof the cost of outiit and 133 nnioiiiit of llif wages of liuiit(!rs and crew, based ou tlie "Tlioriiloii's " vova'^o of A.I). ]HK(). 1!). Tliat diiriii'..j and since the year 18H(i 7 {lei' cent. \)cv muuini was, and now is, tli<> niinimnni riiti; at wliicli moni-y IVir ordinary eonmiorcial [jiirposi's could bo ohtaincil at the oily of Xietoria al'onsaid, and fbat bciN'to aiinc^xi'd, iniirkcd CT]), is an I'stimali! of tlio |irin<'i|)al sums on Mliicb intcn^st is claimed at tlif ivit'- of 7 pi-i' ciMit. per annum, and tli(^ time f.ir whieli it is so claimed. And i, .lames Douii'las Warren aroresai,!, make tliis solemn deel;w'alion. coiiseieii- liously helii'vinu; the saine to b;' trni-, anil by \irt.ue of the Act res|H'eli!i;,' extra-judicial oat lis. Declared and afllrmed bel'in'e me at the city of Ottawa, in the county of Carletou, this 2.">lli (lav of Novend;ei', A.I). I*^s7, and eerlilicd under iiiv olllcial seal. fSi-ncd) ' .1. I). WAlMtEX. (.Si'al.) (Si_L;'ned) I). H. ]\I\c'rAvisi[, Xnlnrii Pvhlir. Exbil)it (A). V.iluc of slt'aui-.-i)in->;,i !■ " I'lnrninn " at tin'.o ul' scizuri' liv Unit' il Stall's* sti'aiu-.^liiit " Citrwin " ,, ,, ,, ., Vulii;' ol' "Tlii)i'iil(,;i ^" imUit — I "I'DCClicS .. ,. ,, ,, ,, ,, Aimmiiiiti.-m , . . . , , , . , , l)ry;;o.uls Inui walcr taiik-* . . .. . . . . . , •Ship <'lia;!illrry iiji' sealing purposes ,. Olll' clirnlliPMi'llT .. I'Atva suit nt" iii'W sails ,, Si'vcn X(i. iO flint j^'uiis , . I'"I\'i' I'iHi'S 'i'lii imptcnicnts a!ui tools «, ,. ,. Frur nt'iv s'.'iil 11^' lioatu and saih ,. ,. .. .. Watoi' I'asks . . . , , . . . . . , . II tuns .••al' IH tons roal . , , , , . ('o')'.iiii^ rani^o ami utensils .. .• .. .. Total outiU , , . . , , In iiianec — I'rriiiinni on 1,200/. — insuranrc on Imll, IDU. Is. .. .. I'reiniinn on 1,I!0I)/ — instiraueo on outlit anil cargo, 'JU/. '\s. {il.. W'a^^es paiil hnnti is ami crew ^iji to time- of feizurr, liutittTs :nnl oi't'W having lieen taKrn to .^;n I'lancisi'o hv I'n't il States' uutlioritKs . . . . , . . . , . •• ra^saiiu money llit'iu'e t'") Victoria .. .. .. I*.is.su'.ie nioni y 'an.l cxpen-'es of f'aplain fiiittnnnsen anJ male, Harry Noiniau, after relea'^e from Silka to Vietoriu .. -iO.j seal-sUns on Itoanl the " ThoriUon " ut \}vi time of seizure, at 7 duUars ptl' &kin , . . . . . . . Total Do!, e. Dul. 0,00 J .13.1 37 .",10 'J 6 'lit 8S .•,11 00 liTH 04 81 15 ii'l- 18 248 00 12.1 9(3 2T 20 1.12 7i) 25 00 00 no 12n 10 .',0 Ul> ■102 w^ OS 01) l,r,7o 00 177 10 200 ()•) 2,S21 00 00 'I! >:\ ioi .n I,jli8 10 Totn! of Kxhiliit (A) (Signed) 1 1,101 2i D. 1?. MacTAMSU, Noiiini PMk. i:}4 Exhibit' (15). — NuMUEn ol' seals taken l)y the following thirteen scaline^ schooners duriiiij fho year lSS(i in and about tlio Bchrinj^'s Sea, most of tlic tbivtecn leavinjr tlio sea before the cud or the season, fearing capture. Schooners — No. "f SoaU. Pathfiii'lir .. .. •• •• .. •• •• 1,7(10 M;irv Kllou .. .. .. .. .. .. .. -l.-'oO TluTcsi .. .. .. .. .. .. .. ■2.IV2.-< I'avdvitc .. .. .. .• .. .. .. '■'•.o2'j BlmU Dbniond .. .. .. .. .. .. l-'liO Alfred Aduus, . .. •• •• •• •• .• 'J.lii5 Active .. .. .. .. .. .. .. '2.2'i't City of Siintiago .. .. .. .. .. .. l.i'.Jn .Silviii ll:iiidy .. .. .. .. .. •. .. l.'i^T Dolphin ., .. .. .. .. .. .. '^,11111 AniinUeck .. .. .. .. .. .. .. l,H"i Grace . . . . . ■ . . • ■ . . . . 2,.'/.',0 Snyniird ,. .. .. .. .. .. .. '2,12'} Total catch ATcr.nge per vessel (Signed) M.'JS •2:mi 1). B. MaoTAVJSU, NoIiiti/ Public. Exhibit (C). Dol. c. Lejsiil expenses at Sitka in connection with seizure of " Thornton " . . 500 00 Counsel imd other legal lees and expenses in and about the claims arising irorn said seizure •• ,, •• ,, ,, .. 7oO 00 Traveilin'j, hotel, and other necessary expenses in ccmnectiori wiib said seizure and claims •• •• «. .. .. •• 1,000 00 Crand total, ];xhil):l. (0) .. .. .. ,, J.'JniOO (Signed) 11. ]}. MAcTAViyU, Notary PuhU Exhibit (D). — Da:j[AG];s arising from tin- s( !:airo and detention of the "Thornton." based upon tlie average cateli of scal-.skiiis jier season as given in Statement (B), season of 18 SO. Xo. Dol. c. Estimated average caleli . . ,. .. ,. ,. 2,uSl Less "101! skiiis on hoanl the " Tliurn!on" at tlie time of seizure, and eljarged in Statement (Aj ., .. .. .. 40." Jlalanec, at V dullar? per skin ,. .. lleasonalilo and jirohaide prullt "Tliornlon" would have earned in ISK? lor owner .. .. .. ,, .. In view of f.ict tli:,l '•ThorntoTi " ennnot be ni:ide available lor nf\t year's op.erations, riasonablo and prulal.le piolit for 1S88 •, a« •• •• •• •• Total amcuut, Exhibit (D; (Signed.) i.:iTs — in.Kii; 00 .I.OUO 00 ,. .•;,000 00 i.su; 00 1). B. :jrAcTAVl.SlJ, Notunj Public. 186 '■' '• •"' ■' Summary of Exhibits. ' ' Dol. Q. Value of " Thornton " .. .. .. .. •• 'S-'HIIJ ™ Value iif " 'riiunitiiu's " outfit .. .. .. •• o,.).">:; Oi Waj^es of crew and liunti rs .. .. _ .. _ •• 1,^70 00 rabKiSL' money and cxreiiscs (if r.lliccrs and crew in retumins to Vict.jria .. .. •• •• •• •• •lOli seal-skins, at 7 dollars .. .. .. •• Dol. c. 077 IG 2.H-21 00 Total, Exhibit (A) 11,101 23 Personal c!cpen=es of owner Lp;jal expenses , Total, Kxhibit (C) 1.000 (10 l.'J.iU 00 in,siG CO ■2,250 00 Balance on estimated seal catch for ISSG .. .. Katimated los-i to owner liv detention of the "Thornton" dnTiMslSS7 .. ■ 5,000 00 I'stiniated loss on eanic grounds for 18K8 .. .. .• •'5,000 00 Total, Exhibit (U) Total amount of claim .. .. 23,810 00 ■10,107 2;! Memorandum, If tho owner of llic " llioriitoit " is indomnificd for balaiico of estimated seal c'ltcli for year ISSO, tlnn-o should lie deducted from tlic total claim tlio sum of .•;,:'.7!) dol. .jS e. Jiieluded in Exliiljit (A) I'or ontlit, Avliieh Avould necessarily have been consumed in tlie iirosoeution of the vuyaije, and iiieludius the sum of 1,370 dollars 1" jjiiid in waij;(!s, as per Exhibit (i''). Total chiim .. .. A'aluc consumed on voyage Net claim Dol. c. ■10,11)7 23 3.370 5H 30,817 t)'i (Signed) D. B. IMAcTAVISn, Notary Public. ■Exhibit (1j|.— l>?'mr.VTK of tho princi|)al sums on which interest at 7 per cent, per annum is tdaimed, and the time I'or Avliich interest is so claimed. ]).jI. c. Value of "Thornton's" cslln:attd full i^atch f-r IHS'"., namely, 2,nnl skins, at V dollars per skin, Irrim the Ut October, 188(1, when the catch would have been realizeil on ., .. •• Actual ra>h outlay lor liLjal and . 1880, to time of payment.. .. .. •• 17,10- 00 .1,000 00 l..Sisiicd) 0,000 00 1). 13. MACTAVISn, Notari/ Public. 136 Exhibit (Fj.— Details of items of " Tliornton's " outfit consumoJ during the course of full sealing and fishiii!^ voyaijo. OrcccricB •• .. Ammunition . , , . Dry floods Ship c'Imiideliv , . . , Iiisuraiicc picniiiims Wau'cs nf crew nml hunters tons fiilt . . . . 1 8 tons coal . . . . Items. Total value consunieil (Signed) Dol. e. 5.1:1 ;i7 a40 20 49 88 278 64 691 111 l,:i7i) 00 00 00 IJIi 00 .. .'!..17',> ,')« D. B. 5[.\oTAVI,SU, Xotani PubHc No. 88. Sir L, IVest to the Mar(j, 1888. WITH reference to my despatches of llie 'Jnd April last and of tlio Gth Alay, I have the honour to inform your Lordship that I am advised that the ease of tiie American sealing-schooner "Sierra" will probably he dismissed, on the ground tiiat the Captain of the Revenue cruizer was acting under tlie instructions of the Government, and that the plaintiff therefore would have to apply to Congress. I have, &c. (Signed) L. S. SACKVII,LL WKST. No. 89. Colonial Office to Foreign Office. — (Received January IG.) Downing Street, Januanj 14. 18S8. 1 reference to the letter from this I)e|)artnieiit of the 2(!th ultimo, relating to of Canadian sealing-schooners in Behring's Sea, I am directed by Secretary Sir and to transmit to you, to be laid before the Marquis of Salisbury, a copy of a lom the Governor-General of Canada, inclosing an approved Report of a of his Privy Council, submitting a revised statement of the loss sustained in the schooner " Onward." I am, &c. (Signed) JOHN BRAMSTON. Sir, WITI the seizure Henry llo despatch I Connnittee case of the Inclosure 1 in No. 8'J. The Marifnix of Lan.idowne to Sir II. Holland . Sir, Government House, Ottawa, Dpcrialier 2'K "i8S7. WITH reference to your despatch of the Ikh September last, directim,' attention lo the magnitude of the claims lor compensation prepared by the owners of the Hritifh seoling-vcssels seized in Ik'bring's Sea by United States' Reveimc ciuizers, sind to my despatch of the 'Jnd instant, I have the honoiw to forward herewith, for transmission to the United States' (ioveriiment, a copy of an ap|)roved He|)ort of a Commitfec of the Privy Council, siibrnittiiig a revised blatement of the loss sustained in tiic '.asi; of the schooner " Onward." You will observe that my Minister of Marine and Fisheri 's considers that the claim now made is not unreasonable. I have, &e. (Signed) LANSIJOWNK. Inclosure 2 in No. 89. Report of a Cuminittee of the Honourable the Priry Council for ('diiailn. tijijirorrd hij hi.s E.vcellency the Governor-General in Council, Dccemher "JO, l!S.*57. TllH Conmiittec of tlu; Privy Council have had under consideration a despatch, dated the I4tli September, 1887, from the Right Honourable the Secretary of .Slate for the Colonies, on the subject of the seizure of IJritisb sealin^-vesscls in Hchring's Sea by United States' Revenue cruizers, and directing attention to certain eluimsfor compensation against the United States' Government. 137 liiit the chiim 'I'lic Minister of Murine and Fi>lieiic-:, to wliom tiic (Icsijafcli smd inclosurcs wcr iiliiTi'il, sliitcs tluit tlio chiiiiis {tlir;.c in iuiini)t'r~l ri'lcned to in lliis dospaluli were sent liaels to tli{! owners of llio vessels for re\i-.ii)n. In llu' ei-ts of two of tliese, the "Tiioriiton" and "C'arohna,'' a I'ldl and ileladed r^vi^ed ^t.lleInent oi' tiie losses has already heeu suhniitted, and lie (the Minister) -uhnnts linrewitli a levised st:itenient of tlu; loss to till' owners of the schooner " Onward " on at'ei):int ol llie seizure of said vessel. Tlii;'! eiaiiii the Minister considers to hi. a reasoiiahU; one. The Committee recommend that \o'ir I'lxeeileniy he nioved to forward tlie claim herein ii.entioned to the llij^lit lliMioiirahle tlii' Secretary of State for the Colonies for Iransmissioii to liie United States' (jovernment. All which is rcspectfullv snhmitted for voiir I'.xcellencv's ap|iroval. ■ (Signed) " -lOIlN J. MdJKi:, Ch'ik, Frill/ Council, L'uimda. Intlosiiie 1 in No. 89. Drcliirullnii of Jciurs Doki/Iiis Warren. (,'ily of Ottawa, Province of Ontario, Dominion of Canada. I, .lAMF.S DOr(;LAS WAKIIRN, of the city of Victoria, in the Piv)vince of hiitish Columhia of the Doniiiuon of Canada, master mariner and ship-owner, do solemnly and sincerely declare as follows : — 1. 'J'hat 1 am the duly unthori/cd agent of Charles Spring, merchant, of the said city of Victoria, and owner of the hereinalter-mentioned schooner "Onward." 2. That the said schooner " Onward " is a IJritish vessel of about 94 tons burden, hiiildcr's measurement, and at the time of her seizure, as liereinatk'r set out, wa.s, and now is, registered at the port of Victoria aforesaid. ;{. 'I'hat about the lOtli day of ,Iune, a.d. 188G, the said schooner "Onward" sailed from the \vest coast of Vancouver Island, having previously cleared at the port of Victoria aforesaid, on iind for a ftill-seiison hunting and fishing voyage in the North I'aeiiic Ocean and liehring's Sea. i. 'I'hat on and for said voyage the crew of the " Onward "' consisted of Daniel Mniiroe, of \'ietoria aforesaid, master; .(olin ^fargoticli, of the same plaie, mate; and twenty sailors and hunters; all of whom were on board the "Onward" at the time of her seizure hereinafter mentioned. i). That on the morning of the 2nd .\ngust, A.n. l^Stj, while in said nehring's Sea, in north latitude .51" 'V2' and west longitude Ifi" .").V, and about Gs! miles from Oiinahiska Island, the nearest land, lawfully, as I verily believe, pursiiin': the objects of her said Miyauie, the "Onwaid " was seized by the United Stales' steani-sliip '•('orwin,"' and take;; In tow of said "Corwin'' to Ounalaska, in the Territorv of AlasUa, of the United States of .America, Inning then on board 4(MI seal-skins. I). That upon the said "Corwin's'' arrival at Ttunalaska aforesaid with the said "Oirvard," the "Onwaid" was, by order of the United States' authorities thereat, stripjied of her sails and outlit, the skins on board taken onl, her master, the said J)anicl .Monroe, and mate, the said .Irihn .Miirgoticli, placed under arrest, and her voyage cuinpletely hiuken up. 7. Thai the said inasUr and mate. Daniel Moiiioe ami .John .Maigolich, wi le by the said United States' authonliis taken to Silka. in the said Territory of Al.iska, tliere "to he fried on a ehiu'iie of having violated the laws of the United States respecting seal iishing in the wati'is i)f Alaska. On arrival at , Sitka the said master and mate were bound over to appear lor trial on said chaii.;' , und were on or ahoni the Isf of the inontli of Si'ptemher l()llo«ing so tried, liiiind gniliy, and sentenced- the master, Daniel .Monroe, lo ]iay a tine ol .OdO dollars, the mate, .(ohn .Maigolich, to pay a line o( .■",IK) dollars, and each lo be iiiiprisoned for the space of tiiirty days, which imprisonment they snllercd. >*. 'J'liat hereto aiinc\(d. marked " (.\)," is a slalerient of the article; outlit of tlii^ "Onwaid" at llie lime of her deparlnie on sa tliercof, all of which were on board the "Onward" at the lime ol her said seizure, excepting only w hat had been eonsumed in llic oidinary course and prosecution of the ;e ; also of the amoniil paid for insurance on said voyage, also the amount of wages the crevv and lnmlcrs on said voyage also the amount paid lor lines and expenses of llie inasler and male in returning lo \'ictoria fioni Sitka aftei llieir release, and also of the imniber and value of the seal-skius on hoard the " Onward" at the time of lii r seizure, and wlileli were taken from the " Onwanl " at Ounalaska by the United Sl.ites' uutliorlties. 9. That the prices chai'L'cd for the various a'lieles and groups of articles conijnisin:; [128] ' ^ T ^ ominising the voyage, and the value voyagi :iaii 138 the (Hitfit of (lie "Onwiiid " on iind (or siiid voyiigo aio tlio i'C'j;iilar iiiarkc( ]iiicL'> ol (lie said arliclcs at Victoria afoicisaid at tiic time of (heir i)urcli!iso for use on slid vovai;!.'. Tiic ])rico cliarucd in said sta(ciiK'nt for the seal-skins on hoard the '• Oiiwani " when seized, nainely, 7 dollars per skin, was (he market ])iice per skin at V'ie(oria aConsaid at the elosc of the sealing season of lSs(i, when the ca(eh of the " Onward,"' had not sueli seizure taken ])laec, would have hecn ])laced on tlu; market. U). That the value of (he schooner "Onward," as p;iven in Kxhiliit (.\), ii.nncly, 4,000 dollars, is ;: fair and reasonahle value for the said schooner at the time o( her seizure; she was then, ;in(i had always heen, kept in (irst f:luss order and condition, and was always a staunch, seaworthy vessel, and for the said voyage had lieen iiliited with new sails and sailing gear. 11. 'J'liat hereto annexed, marked " ]>," is a statement of tiie catch of thirteen scaliiig- vessels, in and ahout I'ehriiig's Sea, during the season of ]88(); the said siaternent is coni|iiled from the Report of the Inspector of Fisheries for the I'rovinee of Ihitisli Columbia for the year 1 "^"^11. as contained in the Report of (ho JJcp'.utii.ent of fisheries for (.'aiiada lor that year at pp. 248 and "J 10, and from personal kiiowledice vl' (l.e facts therein set (uit, 1 verilv heliive (he said statement to lie suli>tantially true and correct. The steam-schooner "Thornton," the schooners "C'aroleiia" and " Onw;ir,l,'' iiuMiiing the "()nward" herein mendoiied, were seized on (he 1st and 'Jiid August, 18S(>, in ISehiiiig's Sea, at the hegiuning of the hest scaling period; and the schooners "Mary Tayloi-," " N!ountaiii C'hielV" Rustler," and " Kate" were not in liehiiii'^'s Sea during the season of 1S8G, so in estimating the average catch ])er vessel in Hehring's ."^ea for 1S8(J, the catch of the above-named seven vessels is not included in Kxhihit (15) ; all of the thirteen vessels named in ]'3xliibit (15), with only one or two exce|)ti'ins, left lichring's Sea long before the end of the sealing season of 1880, because of the seizures which had heen made by (he United Mates' steam-ship " Corvviu," (i'ariiig to reuuiiii lest (hey also should he seized ; hy re:ison of such dci)ar(ure from the said sea, or the best sealing grounds thei'ein, bcl'cire (he close of (ho season, I verily believe that the c itch per vessel, as lound in Exhibit (IV), nainely, S.-'iSl seal-skins, is fully oOO less than it would have been had the said vessels remained (he full season in said sea. 1-. That hereto annexed, marked " (C')," is a statement of the legal exjicnscs incurred at Sitka and clscwliere by reason of the said seizure of the " Onward." the .irrest aiu' inipii.-onment of the said master and mate, and the claims arising theretrom, and also ot' the jicrsonal ex|iciises of (he said owner and said agent in the same connection. l.''i. That (he Exiiibit (I)), hereto annexed, is a statement of (he cs{ima(cd loss and damage resulting to the owner of the " Onward'' hy reason of her seizure and d(Mentioii in A.n. lN8'i, .A.n. ls;S", and A.n. 1888. The estimated loss for (he yearlSsti is based upon the axerage catch jier vessel, as found in I'.xbibit (!{], less the number of skins on hfiard (he " Onward " when seized, the balance being valued at " dollars per skin, the price per skin at \'ictoria at the close of the season T^^sl). The elaim for a.!). 18,S7 and A.D. 1888 is based upon the same average catch as for a.d. I8S(J, valued at r)dol. oO c. per skin, which was the market value per skin at Victoria aforesaid at the close of the season 1887, after deducting there'rom the cost of outfit and wages of ('""w and hunters for each year, based on the '• Onward's " snid voyaire of a.d. 188(). The s,. 1 claim of i'>,{)V() dollars for each of said years a.d. 1^^7 and a.d. IssS is a lair and reasonable estimate of the eariiins;s of the "Onward '' in hunting and fishiiif;; lor (he said years. 14. That Exhibit (I",), hereto annexed, is a statement of the [iriiicipal sums on which interest at 7 ])er cent, per annum is claimed, and the time (or which said interest is so claimed. .\t the time when the catch of the "Onward "for 1880 would have, in the ordinary course of events, been realized on, namely, on or about the 1st October in said year, the minimum rate of interest on money for coinmcrcial purposes was, has since continued to be, and now is, 7 per cent, per annum. I.''). That hereto annexed, marked "(F)," is a statement of the articles, and the value thereof, as given in l^xhihit (A) of (he " Onward's"' outfit on said voyage of 188(1, including insurance premiums ;in(l wages, whieii would necessarily he wholly, or almost wholly, consuiiierl in (he course of a full sea--on's hunting and fishing, such as contem[)laled bv the "Onward" in 1S8(;. 1'!. That on the i.lth day of .luly last past I was at Ounalaska aforesaid, aiul was then on board of the said schooner '' Onward." She was then lying side-to on a gravel beach, in the harbour at Ounalaska, ])ar(ially embedded in the gravel, and generally in a very bad condition. Her standing rigging was much weather-beaten, also her deck and side-seams were in a very bad state, the long exposme and severe frosts of the previous winter having broken out the pitch, and, judging from their appearance, (hey were very leaky Froni what 1 then saw of the condition of the " Onward," 1 verily believe that she eouUI 130 not 1)0 flouted ,iti(l |nit in ii tit stair I'm' sea without extensive I'cp'iii'-, wliieli at Oiiiiala'kii, wlieie tlieie is iiuitliei' tlie re(|iiisitc woi'iuiieii iioi' material, woiiiil involve; very lari;u evpenditiire, and that ro float tiie said " Onward,'' take her to Victoria at'or'^said, the iKarest |)ort v.heru tlie r('(|uisite lii(iliti(!M exist, and where she could he repaired and rclitted at least, cost, and there repair and refit iier, Wiiuhl cost at least i,'M) dollars. And I, JJonglus Wari'cn atorosaid, make this solemn declaration, conscientiously believing,' the same to be true, and by viuuc of the "Act rcsijcetini; I'^xtra-judicial Oatiis." (Signed) J. 1). WAIIRKN. Declared and afHrmcd hefori' nic at the city of Ottawa, in the County oi'Carleion, in e Province of Ontario, this ittli day of December, a.d. Ibbl, and certified under my til ollicial .-ea (Signed) I). O'CoNNDK, Noliinj PuhVir far Oiilmio. Exhibit (A). Viiluc of tilt' .■^I'homicr ** ()iiw;tr(t ' at tlio liini' of lu-r MiziiiL- OutHi — (iioccries .. •• ,, ,, Aiiiiiitinitinn ,. ,, l)ry «;n(Kls , , , , Ship cliaiitlK'ry , , . , four slint f^mis ,, 'fhrce ircjii Wiiti'r-taMl(> ,, i''imrt*'(.Mi watiT-iMNks,, Nino caiiot"- anil ontlit . . Salt Coal Cooking stove ami iitt-nviN riironorrutc'r, .ifxtant, ami two lla^s Three oxtra cuniiiassos Sundries . . . . . . . . , . Irisurancc prrniiuni and survey on hull .. Waj^es paid to hnnter.s and crew (Vr voy:ii;e ,. ,, Fines iinil expense.s of eaptain .and male troni Siika to Vietnri.i r.l'i'r reK;>e ■100 seal-skins on luanl, ai 7 dollars per skin.. . . . . Total, l'',xliiliit I \),. .. ., (Signed) D. O'CoNNoi;, Xril(ir\i Public. iM. e. Dol. e. ■I.IIOO 00 ITo To I'J 07 r,S 2J ■-'.•) I 53 (W 00 57 00 ;;i 00 •115 50 52 57 la 80 5i; C3 1 10 00 •-'1 00 '.Ii -iH 1,778 ■JUG 03 01 , , 1,8'JO 00 nKii'-c, 200 (10 •J.soe 00 , 10. '.5S 09 J. D. WARREX (Signed) 'Exhibit (Pi). — NuMBEii of Seal-skiHS taken by eaeb of the following thirteen Sealing-vessols (hiring tlie year 188*], in and about the liehring's Sea. most of the said vessels leaving the Sea before the end of the said Season fearing sei/.uU! : — Vessels. Si'al-skins. I'ntldiniler .Mary i'.llen 'j'lieres \ . . Kavoriiy .. lilaek hianiond All'r.'( F.mtiaco Silvia II: inly Dolpliin .. Anna lleek (irace W. 1'. Saywar opi'iatioiii. rra^in labli' anil |irol)ab!e |«ulil I'm IhS") i:i,sr.7 CO 1,000 (10 i.dOd 00 I'otal, Ivxliibit (11) (Signcti (Signed) 1) D. ( I'COXNOU, Notari/ Public ■.'.'i,n(;; 0(1 J. D. WARKKN. Exhibit (1'^). — Ksii.MATi: of liic Prinoipal Sums on whieh Iiiteivst at 7 per cen(. [ annuiii is claimed, and the Time for wliicli iiiterest is so claimed. ler Value of llio •■ () at 7 ilollars luvarOs estiMi per >I;mi, ileil ell for ISSi'i. I ulv. 'J.llSl tlu! cateli wonlii have been nalizeil on from tlie 1st (lav of Oituber, A.ii. 1880, when .\etual outlav fur Ieu''il ami ntlier n. rv expenses ineurreil bv r"i tin arc iif tiie ■• On •il" before the 1st Oelober, 1880. Dol. 1 0,007 00 ,')dd 00 'lolal in-ineipal o-i wliieh interest is elaiiiioil from (letolier A.i) I S80. to dale ol' payment of elaini .. .. ,. Msiiniateil vuliie of '• Onwaril's " eiiteh for I8S7 (less cost nf onllit ami wifjcs of eiew anil hunters) on wljieli interest at 7 ]i"r cent, per annum is elaimeil from the Nt October, A. n. 1HK7, mi or alioiit wl.ieh iliit" the caleh woiihl be reali/eil on. to date of j)iyment If eliiiiii fm- 1HS7 be mil alloweil. Ilieii interest is ehiiiiu>ii on the value of the ■• ():>\varil " Ir.im l!ie Nt October. A.i). I H80. t,, date of payment .. (.Signed) (Signed) I). O'CoN.vou, Notary Public, 17.107 on i.OOO dO I,dOO (10 IX WAllRKX. Exliil)it (I''). — V.M.t i; lit' Aitici On Out (it, whieli would liave been wholly Of alii.o't wholly consmiied on a Cull l[iintin'4 and I'ishing 'rrip. IJry {j;noils Ship ciianiiie Dol. c. ■I7d 70 10 07 2.-|| .V.) (Val .. \Va;;e.s . . Insiiiance preniiiiiii Tot il consumption dining voya;^ (Signed) .MeiiK (Signed) 1). O'C'ON.SOI!, Noflliil Public. 10 80 1.8-20 00 '.'00 00 ,1. I). NVAkr.l'N. It' the lull claim I'of the sealing season of 18i-*l'), as set not in I'Aliibil, (15), In allowed, then the ainoimt of this I'.xhihit, 2,'.).5."i dol. Df^ e. will pi'o|H'|-ly a])pe!ir as ; credit, and be deducted lioni the total of i'^xbibit (;\), of which it forn;s part. 141 No. !)0. ('f)loiii(il DJfi'rr In h'oxiijii OJficf. — t RirviicU Jiiiiutin/ '2'i.) Sir, Ihiunimj SirrH, .hiviwni i';', 1H88. I AM (liri'clcil by ilic Sccri'tiiiy o( Stiifc for tlic Colonic-, to transmit to you, to bo hiid lii'lorf till- Miir<|iiis of S:i!isbury, witii rctiTPncc to pvivioiis coiicsponili'mf, copies of two (It'spiitchcs troiu tbf (Jovfrnoi'-Cioiicriil of {'uiiadn, foiwardin;; stilcuicnts of cliiiiiis for losses -iistiiincd by certiiiii Uritisli vcssi Is (■n;;ii!."-ed in the lifliririir's ^wi ■■<'nl fisliiry. I nni to rt'(|ncsl iliat iIicm' cliiinis may bi- jiri'.-fiitcd to tlic United Slates' Govcrmni-nt sliiiuld I.oril f^alisbury see no objection tliercto. I am to re(|n(!st tlial liie sub-inclosnres in tlicse (lespatclics, wliicli are sent in original, niav be Ktnrncd. I am, &c. (Signed) JOHN HRAMSTON. Intiosuie I in No. !)(). 'I'lic Miirijiii.i (if Jjiiiisdiiinic III Sir 11. Iliillitiid. Sir. (hircniiiii'iil lloiisr, Ollaiin, J.iniuini I, lf*88, I II.ANIC tic bonour to transmit to you, lor prcs; r.iation to tlie United States' rKn< inmcnt, a copy of an approved Aliiniti' ol' tlic I'rivy ('(miicil of C"anad:i, suiimitting a detailed slateineiit of tlie claim of tbc owner and ayent (jI tlic selioonei- ''Favorite/' wliieli \cssel was, on tlie L'lid Ani;ust, l'»'s(i, wbile sealing' in Beliriii^'s Hea. about OS miles Iroin land, ordered by tbc United Slates' steamer "Uorwin," under tlircat of seizure, to cease operations and leave tbc Bebiins^'s Sea forllnvitb. You will observe tbal tbc circumstances connected "itb tliis claim differ from all tlie otlici", inasmucb as no actual seizure was efrceti'd, but my Minister of Marine and Fisheries considers that tbc claim lor loss of the fishing' season is lut unreasoiKil)!e. 1 have, &c. (Sit,'ncd) LANSDOWNE. Inclosi in N( 1)0. Rt'jdii of a ('(immillcf nf the llonnunibh llii' Piiri/ ('diiiicH for Vumldn, iipjirorci/ hi/ Ills I'Lvri'llciinj llif ({uvcrmn -(ii'iimil in Ciiiiiicil on IIip 'AVlli Drci'iiilirr, lf>>7. OX ;i Uepoit dated the 19th December, LS-^T, fiom the -Minister of Marine and Fislieries, submittiiiii a detailed slatcment ol the claim oi the owner and ai;ent of the scliuoner " Favorite," which vessel was, on the "Jiid day of .August, l.-'sfj, while sealin;; in the Tu'lii iiiii's Sea, not lar I'rom where the sebooner "(Jinvard" was seized the same day, viz., north latitude ')t° -'12', west lomiitude Wi"^ ").')', about (is miles from land, ordered by the I'liited l^latc-,' steamer "Corwin," miiUr threat of seizure, to eea>e diierations and leave the Heliriii'.''s S( a lintliwitli. The Minister represents that the ciieunustances coiiiieclcil with this claim ditle'.' iVom all the others, inasmuch as no actual siizuic was ill'eeted, but the .Minister believes the elaiiii lor loss of the fisbin>r season to be reasonable. The Minister recommends that it be forwarded to Iler .Majesty's (iovernmcnt f'or pic-tiitalion to the (iovernmeiit of the United States. 1 be ('oiiiiiiittee advise that your l'!xcelkney be mov( d to forwai'd the claim hci'ein iiKiilioned to the Kinbt I loiioiirabh' the Sccr,tary of Slate for the Colonies, for transmis- .'•ioii to the United .^tales' (iovcrnnu nt. .All which is respectfully submitted for vour Fxcelleiiex 's ap|iroval. (Signed) .JOIJN J. McGKK, Clnlt, I'r'iiij Council. Inclosnie .'5 in No. DO. Drrliiriilioti af Jumps Doiifjliis Wiincii. City of (Jttawa, I'rovincc of Ontario, Dominion of Canada. I, JAlMKS U()UC;LAS WAIIRKN, of the city of Victoria, in the IVovinee of r,ritis!i (-'nluiiihia ol the l);iiiiinioii of Canada, master mariner and shin-owner, do soleuinly and sinccielv declare as follows: — 1. [ iiiii tlic (lulv a\itliorize(l aiipnt of C'liurlcs Spiinir, im-iTliii if Vict Di'iti iildrcsuiil the owner of tli(; licrciniiftc r iiiciitiiiiic'd siliontuT " I'liviiriti'. 'J. Tli.it the scliciincr •' l"'a\ni'iti' " licfciii I'l't'crnd to iTtristcrcd iit tin" hi'itisli vessel (if SO (oiis, S(i ri';;ist('ii'(l at tlie tiiiio o( llic .'lid diiys 111' Aiiifii^l. A. II. lN8(i. 3. 'I'lint tdwards the end ul' the iiinnfli ,li'J.'), thoii:: she had one-lliird iiiort' hunters than the said '■ Marv Kllei iiKl eciually as good, if lujl hetter, chances of (ihtaining as large a catch; .-ind I virily helicve that the sum of the actual catch of the '• Favorite," id^'ether wifli the 1 ,000 herein claimed, making a total af i,:Vj:, for tlie s s(:ason ot 1HS(. J, is a lair and reasonal iihic stimate for the catch of the 'Favorite" that vear, had she had not been interfered with as above set out. s. That the larket was / dolhi avoi'Ue nice per seal-skin at \'ietoria at tin; eh.se of ,he scisoii of 18S(! :!(! the aii.ouiit ehiimeil as the value of 1,000 skins lo-t to t le ow ner o f till bv 1 And 1. Jii on of licr so leavin the i: .00 ilia l)ouulas Warren alorisaid, make this solemn deel.iralion, eoii- scieutiously helievinu' the same to be tri E.xtra-jndieial Oaths." il!(l bv virtue of the Act rcspeeliiii: (Siu'iicd) .). U. WAKKFX. Declared and afliiiiied before nu; at the city of Ottawa, in the Coiinlv of « aileton, in the l'ro\-inte of tjn'ario, this Oth ('av of December, a.ii. \^x7, and certified official se; uiHler m\ (Signed) i). 0"C(i.\N(ii:, SnUin/ Piihlir for Onlu Inclosure 4 in No. 00. Tlir Mnnjiii.t of LunMbnruc to Sir 11. lloUnnd. Sir, (Inrrnivicnl IIoiin', Olldirii. JiiniKiri/ ■'>, 18*S. Wrrn reference to previous correspondence, I have the honour to forward herewiih a co]iy of an apjiroved Minute ol the I'rivy Council of Canada, embodung a Keport of my Minister of .M.ari.ne anil Fisheries, siibiniltiiis detailed statenienls of the claiina of the owners and auents of the " W. I'. Savwaid," " tiraee," '•Anna lleck," •' Dolpliin," " Alfred Adams." and " Ada," seized in the liehring's Sea during the present season fur the alleged oflciice of illegally captinin-j: seals. 14J 'I'lii' .Minister, you will oliscrvc, is oroiiiiiioii tliat the claims sulniiittcd nni ruasoiiabie, n idnnnciKK tliiil they In- ptTseiilid to the Unitcl Sliites' (lovciiiiiifiit. I liuvi, (SisMf(l) LANSUOWNI-:. Inclosmv :> ill No. !M). Ixfjinii lit II ('iiiiiiiilllrc of till' Ufinunntlilr llic I'rini (.'iiiiiiiil t'nr Ciinnilii, apprin'cil hi/ liis Iviri llriirii llir (Inn'ninr-di'iirnil ill ('intncil iin liir 'Mill Drrrinln'r, 1887. ()\ ii I!c|)iiit (lilted tlio intli DeeeiiiluT. 1S87, I'roiii the Minister of Marine and I'i-lic'iies, snhniittiin; detailed Mtateiiienis ot tlic claims oC the owners and agents ol' the li)llowiiii,' vessels seized in the Heiirini;'s Sea duriiii; the present season by United States' revenue ves-els, Cortlie alleu:ed oil'ence ol illeiially captiirini; seals: — 1. Selior)iier " \V. I'. Sayuard," seized the 0th July, I'^Sr, latitude 54' 40' north, l()lii;itii(le lfl7" •">]' west, f)** tniles (loni nearest land; 2. Stcaiii-sehooner " (jrace," seized the 17th •Inly, Jf^'-T, latitude So .'J' north, liiiii;ilude l(i^ lO'we^l, '.)•_' miles t'roiii nearest land ; :!. Sihooner "Anna lieek," sei/.cd die "-'nd duly, 1887, latitude 51' 58' north, loMfjitiide ](i7 'J'i' \ve>t, (Ki miles from nearest l.ind ; •I. Sleain-sehooner '• i)ol|iliiM," jeizud the TJtli July, 1SS7, latitude 51 .'J8' north, loimitudu lli7° ■i' we'st, 4:i miles from neare,-t laud ; .'). Schooner "Alfred Adams," seized the otli August, 1887, latitude 54''' 48' north, loniritude 107° 4'.)' west, fj"2 miles Croni nearest land ; 0. S(;lioon(~r Ih. jtii Aui^ust, 1887. ill KUll ) miles norlliwarc (I nom Ounala-ka Ulaiid, which was the nearest land; 'I'l'" Miuisler reiinseiits that the eirc stances connected with tlie seizure of liRse vissels do not materially dillir tiom those attendiiu,' the seizures of In^G, and for which claims tor the losses su>taineil have alreatly lieeii forwarded to Her Majesty's Government, for presentation to the (jovernui'iil of the I'liited States, It may, however, he mainlaiiKMl that the injustice of the seizures made in 1887 is emphasized liy the action of the United States' (loverninent in ordeviiiL' the release of the ISsti, mid thus lead mil' owners of till I'csse iissume that, under similar cireunistaiiccs for which claim s are now furt! icr seizures vcssils seized m presented to fair ('iuiadiaii vessels in llchrinu;'s Sea winild he ellected hy the United Stati's' Government. The .Minister believes that the claims as far as pos-ihle, are attested to, are reasniiii of suhmitted liirettith, the iiariiculars of which, ihle, and recommends tliat thcv 1)" iorwarded to Her .Majesty's G '!'lie (,'ommitti nnieiit. lor iircscitatioii to the (iovernment of the rniled State- dvise that vour Kxcillencv hi ived to lorward the claims lierci iiiciiliuned to the Kiuht Honouiahle the Secretary of State I'or the Colonies, lor Irausuiission to the Uniterl States' (joverniiu nt. All whieii is lespeclfullv suhmitted for vour Excclleiicv's approval. (SiL-nedj ■ JOHN J. .M(GKi;, C'/('/7r, Piivii Cniiiicil. Jnclosure (i in No. '.)(). Di'ihirntinii of .Iniiirs IJniii/liis IViin/'ii. City of Ottawa, Province of Ontario, Domini m of Canada. 1, JAMHS DOUGLAS \VAU|{i:\, of the city of \ aloiia. in the I'lovince of P.ritis Ciiumhia of the Dominion of Canada, master mariner and shi|)-owner, do soiemulv and sincerely declare as follows : — 1. That 1 have been a risident of the said city of X'ietovia for the past twenty-nine years, and duriii|; that time I have been largely interested in the buildin;:, e(piipiiieiit. and iiiana;.;eineiit of steam and sailiii;; vessels. I have ;ilso been engatrcd in the sealiiiL; aud lishiiii; business at said city for the jiast Iburteeii or tiltcen years. L'. The steain-scliooncrs "(Jrace" and "Dolphin," and the schooner " W. P. Say- ward," and the rehuildiuir and tittini; with steam-power of the ste;, '."-schooners '" .Anna Heck " and " Thornton," all of which vessels have been seized in Heliring's Sea bv the I ailed States' authorities, were built and done for ine, and under my personal direction, and were cneli owned and managed by nie for sonie lime after their eompletioii, and are 144 now iii;iii;ii;(' F (I l)y mc for tlu'ii' ii'>|>cctivc owiicr and owncT>. T i( M'lKionL'rs ivonte, 'Alfred Adams/ Ada," and " Onward," all also seized Hel irin Territory of Alasl, a. To hi these vessels iVom Sitka to Victoria, a distance of about DOU involve a co^t of at least K'iOO dollars to purchase the necessary materials and take them to .Sitka, and to convey the necessary men to Sitka and pay their wajies. Kroin lei Victoria until arrival back with anv one of said vessels would take about t'.vo montiis, 01 perha|)s months. few (lavs K'ss tlr summer months, and a few davs more in the winter -4. A full linntinK and se, ilinir season beij;ins as earlv ns St Ji uiuarv and up till the 1st -March, and extends tlieme until the end of Septetube 'The Hehi 'J'his season is divided into t\ coast season terminates about the end larts, the coast season and the Uuhiin'''s .Sea season. ;)f .lune, but vessels intendi to iro to :'s Sea tienerally leave the coast fishing durinj; the month of May, sealini,' as they go northward, and reaehinj; l>ehriiv;;'s Sea the end of .lune or beiriiininy of .(uly. The best jjcriod of the sealini; season in l?chrinu;'s i^ea varies in dirt'erent years aecordin;.' to tlie prevailint,' weather from about the '_'()th .July to the end of September, alter which date, thougli se go south re plentiful, stress of weather compels scaling-vessels to leave the sea and On sealing vnvaures the luinte IS all' jiaul in lieu ol wages so niucli ])er seal ski each .skin they capture, receiving Ironi '2 to 21 dollars per skin. 'I'lie masters are generallv paid ])artly in wa^es and partly in the same manner as the hunters. The Iv vessel in the Hebring's .Sea in either of the seasons of ]8H(i or 18s7 that lad c a reason ihlv full catch ot seals was tin- schoonei .Mn I'l )f N'ictor k'liieh. the season of iSSfJ, took 4,'2.")ti seal-skins. On and for said season the " Marv Kile n carnerl 1 fil'l lunters and five boats, an average catch per boat of h.")! seal-skins, the five boats being about er|ual to eight or nine canoes. The " Mary Kllen " was the oidv vessel He inu's Sea in either ISfSfJ or 1h87 which, so tar as I know, or am able after in to learn, lemained the full season in said sea on and about the best scaliiin' i;roinul.s without lieiiiu' ili -turbe( the I'nited l^tates' autllOl•ilie^ ■And I believe that tlie s ilid sleam-scliooners "Orace Dnlpbii d Heck il tl le said schooner W. P. Sav- ward," wliieh were the best e(iui])pcd vessels for sealing that had ever entered the Hehrins; Sea lid ive, if not seized or di-turbed bv the I'nited Stale; uitborit le.' cqu.illy large catch in said years not do so. ISsr d 1.^ then bei no reason wbv thev sho uld (i. 'i'lie ma>ters of the steam-scbixjiier " Thoniloii and sdiconci " Oiiwan d till mate of the .--r-liooner '•'Carolena,'" after their arrival at ."^itka a< prisoners in the latter part ol' Auiiust, entered into an agrei nieiit with one Clarke, a coiiiiM'llor-at-law at Sitka, td defend tliiir vessels and theniselves on their pending trial at Sitka belcire the I'niteil States' District Couil, and the cliaigv of odii dollars fur legal ex[ieiise> at .'•-ilka in the case ol c.ieli ot'tlic said vessels is to cover the claim ol said Clarke. 7. The waues of the cn-w ot each of the said seized \essels. I'scepl the " Alfred Ada in each ca id " Oiiwan In tht .\da th ire based on two niMiths service expiring on the d.iy ol si'izun lams" and "Onward" ca^es, the crews were p;iid up to the time eir iirri\ al ai \ aioi la .\n(l I, .lai; I) OU'. !a>- Warren aforesaid, make this s )lcnin dcelar.ition, eoiisei.'ii- tii'^usly believing the same to be true, and by virtue of tl Act re>pieliiii; lixtia-jiidii Hatli: ( ."^i^iiei I) I). WAUl'.iA. Di'eiaiid and airnniC' belore me. at die eily of Ollaua, in the Ciiunly i.l Caiktoii and I'rovinee of Onla '' bis '.lili da\ of December, A.n. \>*s7, ami ceititiLil iiiidi'i' my ofiicial s(al. (^S.'ylicdl .). M. DaI.DKIISON. ,\()Iiiii/ I'dlilif Jni Oiiliiiiii, 145 Inciosuio 7 in Xo. !)(). Dfcliiratioii of Jamfx DoiKjlas Wnrren. City ot'OUuwa, x'rovinci; oC Ontario, Dominion ofCannda. 1, JAMES DOUGLAS WARllKN. ot the city of Victoria, in the Province of IJrili.sli Columbia of the Dotriinion of Canada, master mariner and ship-owner, do solemnly nn(i sincerely declare as follows : — I . That I am the duly authorized agent, by jiower of attorney bearing date the 4th November, a.o. 1886, of Tlionias II. Cooper, of tii^ city of S:in I'rancisco, in the State of rahfornia, one of the United States ot America, the inanaginjj; owner of the hereinatter iiiciitioMcd schooner " W. P. Sayward." '2. Tiiat the said Thomas II. (,'ooper is, as I am informed and do verily believe, a liritisli subject by birth, and has never renounced his allcgiaiiee to the Sovereign of fircat HrHain. .3. That the said sdiooner " \V. F. Sayward " is a British vessel, having been built at Victoria aforesaid in a.u. 1>'S2, and duly rc};istered at the port of Victoria iiforesaid, and was at the time of her seizure, as hereinafter set out, so registered. The said " W. I'. Sayward " is l.'iS.} tons burden, by l)uil(lcr's measurement . and is a well and stronf,'ly built vessel. I. That on the llitb day of Alay, a.u. l^S", after havini; duly clearcort of \'ictoria aforesaid lor such [jurposc, the " W. 1'. Sayward '' sailed irom Victoria oil and for a full huhtiiiK and (ishioLr vovai^e in the Noitli 1'acilie Ocean and Heliring's Slu. On said voyas.'!' Geor-jc K. Ferey, of tlic said city of Victoria, was master; Andrew Lain:;', of the same place, mate ; and the crew numbered, in addition to the master and mate, t>v'-)ty-two or twcntY'thrce, with nine canoes and one boat for hunting and sealing purposes. r>. On the '.ind day of July then ne.xi foilowinu the said " W. I*. Sayward " entered lieining's Sea, having then on board, as by the report of the master sent to me, 4T!) seal- skins, all taken on the voyage iiom \ ictinia to Heiuing's Sea ])rior to the said lind d ly of Juiv. After enli'ring the said si'.i the weather was verv tliick, and no sealiiiic was done bv the"" W. I'. .Say ward.'- f). On the' !)th day oi said .lulv, the ■' W. 1'. .Siyward " then being in latitude 54° 4.T north and longitude lfi7 i'lV west, and about 't>* miles from Ouuaiaska Island, the nearest liiiui, and lawfully ])ursuing the objects of hor voyagi-, was seized by the United St.ites' steam-ship " Kichard Rusji," and taken to lllouiook llariiour, at Ounalaska Island, in the United Slates' Territory of Alaska. At said 1 rbour the seal-skins ou board the "W. P. Sayward" were taken out and store dol. M (;. [lerskin, is the market j)rice |n'r skin current at Victoria aforesaid on or about the elo>e of the sealing scmi-oii of It^b7, when the catch of the " \V. P. is'aywavd," had not such seizure taken place, would have been j)laced on the said market. 11. That hereto annexed, nuuked ''(Cj," is a statement of the leg.d and personal expenses incurred at Sitka and elsewhere by reason of the seizure of the " W. P. Sayward," the arrest and detention of her master and mate, and the claims arising therefrom. 12. That hereto annexed, mariied " (0),'" is anestimaie of the loss and daiiuigj resultiiii,' to the owner tliereof by leason of the seizure and detention of the schooner " W. P. Sajward " during; the season of If^ST, and the piobable loss from tin- sana; cause for the season of 188S. Tlie estiriialed catch of seals by the " \V. P. .Sayward " for the .season of 1887 is based upon an averaye catch of -iSO seals per boat and canoe for a lull season, and 1 verily believe, had the above seizure not taken place, that, under ordinary circntii- stances, the total catcii of the '• W. 1'. Sayward "' lor said lull season would have been at least the said number of 3,5(10 seals. 1.3. That after the close of tlie sealiiiir >-eason, and dnrim;- the months of October, November, and Decendicr, a.o. IS87, and January 188^=, had the " W. P. Sayward" beea in her owner's possession she would have been enuajicd in the coastinu; and .licneral freightini; trade in and about the coasts ol' British ('olund)ia. and the said claim of 300 dollars ])er month lor each of said months is a (air and reasonable estimate of the earnings of the " \V. P. Sayward" for and during- said months, alter deiiueling therefroia the cost of wages and running expenses. 1-1. In oi'der to put the " W. P. Sayward " in order and condition to engage in hunting and fishing the full season of 1888, it is necosary that she should be in iier owner's [)ossession at \'ictoria aloresaid on or before the 1st day of February, a.o. 1888. if not then at \ ictoiia it will be impossible to rcpaii' and r"lit her in lime to start nut on a full .season voyage which begins al>out the 1st March. As during the sunnner months there would lie little for ave^^el like the *' W. P. Sayward '' to do in the eoasiing and local freigliting trade, if she were not got aw^ay on a fi,«liiiig and hunting \-oyage the season would be practically lost. The estimated proiit on a full season of hunting and tisbing by the "NV. P. Sayward ''in 18ss, nameis, iijOO') dollars, is a fair and reasonable catcli estimate, based on a catcli ol 3,500 seal-skins, and, deducting from the yross value thereof, at 5 dol. .')0 c. jier skin, the cost of outlit and wages based on the " W. P. Sayward's" voyage of 1x87. lij. That hcieto annexed, marked " (1'^),'' is a slatemenl of tlu' principal sums on which interest at 7 per cent, per aniuini is claimed, and the lime for which it is so claiiiied. On tlie 1st Octiber, .\.D. l^H7,on or about which date the catch of the •' \V. P. Savward " for ISsi" would have been, in the ordinary (■(/iiise of event.-, realized on, IJie minimum rale of interest on money (iir commercial purposes at (he said city of Victoria was, has since continued to be, and now is, 7 per cent, per aniuim. It). That hereto annexed, marked "(1'),"' is a state neni of the articles, and groujis el articles, and the value thereof, coin|)rised in the outfit of the '' \V. P. Sayward " on said voyage as given in ivxhihit (A), which would have been wholly or almost wholly eonsmneil in the course and |)i'osecution of a full seasoii's huiiling and lishing voyage, such as con" temjdated by the •' W. P. Sayward'' in 1S87. .And I, .laiiK s Douglas Warren aforesaid, make this soliaiin declaration, eoiiseienlimisiv believing the same to be true, and by virtue (d the "Act respecting Kxtra-judicial oaths." (Signed) ' ,). D. WARKEN. Declared and affirmed before me at the city of O I. .va, in the C'oimty of Carleton ami Province ol' Ontario, this !1(h day of IJccember, a.h. 1887, and certilied under my oliieial seal. (Signed) 1), O'CoNNOK, Notary Public. lis firising 147 Exhibit, (A). Value of tlio sdioonrr '" W. P. Saywnnl " iit tlio timi' of liur seizure liv I'niteil Sinlc'>' ste;iiii-slu]i " Hicluiril ltn>h ' on tlie lltli .liilv, a'.k. 1SS7 Vjilue (tf " W. P. S;iyw;ir(l's " outfit ou .--.'lid vf)Vn:::o — (iioeerii "i ,, .. ., ,. ,. .. Aiuuiuitition .. •. ,, ,, ,. ,, [)fV f.MMHi'i . . . . , , , , , , , , 'I'wi) it* II tiiul\s \\'ii1('f-e!isli.i . , Ship rliM'idl- I'v . . ,. l-\iiii- Ntt. if) >liot uuii^ ,. Two rilies *'ini liupleiucul!* and ftuil-; ,, ,, .. ,, (Ine sciiliuLT-linat (ntnriUMlj ,, ,. ,, ,, .N'ii.e eiim.cs au'l outfit*. ,. ,, ,, ,, S t(»IIS ^illt . , . . ,, .'» tons cctal , . . , , , Co.iliiu;; ranjjc anil \it('ii.'-ilv I'.it (C) Dol. I.i'.'al expense.^ nt Sitlia in eonneetlon with the seizure of the " \V. I'. Saywiird " .. .. ., .. .. 100 00 Ciuiu-il and iitljer lejiul fees aiul t\pci'ses in and iiljout the cluinis at isit't; liom saiil seizure ,. .. ,, ,, ,, 750 00 I't rs.ind I \peiiM s t)f the owner in eimneetion with said feiznrc nnd li.iims .. .. .. .. .. .. .. 250 00 ^Signed) (Sijiiicd) 1). O'CoNNOH, Aolnni Puliiir 1,100 00 J. D. WARREN. K\l)il)ii (I)). — I).\.mac;ks iitisiiiL' lioiii tho Seizure and Detentinn of tlie "^^'. 1'. Saywaid, ' (luriim the SeasiM) i>l 18tS7, based u[jon her reasonable and jirobable Catch ol iseals fill' (hat Season. Dol, c. Kstiuuited eateh of seal-skins .. .. .. ,, .. 3,.'i00 Less oil hoard at seizure ,, .. ,. ., .. 479 lialance, lit 5 dol, 50 c. pi r skin .. ., 3,021 = 10,015.50 Loss lo owners of " \V. 1', Snyward '* hy reason of her detention after the elose of till- sealing season of l^S?, luiinely, for the months of Oitoher, Noveinher, mid I leeemher, /i,l>. 18«7, and .liiiiuary, A.n. IKHS, when the " W. 1'. Saywiird." if in owni t"s po>ses-ion, wimlil have been en);a(;ed in i-ea-liMK trade. Kour months, at :;0U dollars p() e. ]jei- skin .. .. .. 19,250 00 Aetu:il outlay for lei^iil and ot'ier expenses on .aeeonnt of miul sei/.ure pi'Ior to the 1st October, 1887 ,. .. .. .. .. .. tiO.J 10 Total principal on which interest at 7 jier cent. |)er anmun from tlie Nt Oelnli 1887, is claimed .. (Signed) (Signed) D. O'Connor, Nnlani Public .. 1H,85') 10 ,1. U. WAllRKN. Exhibit (P). — Value of estimated Consumption of Articles of " W. P. Savward's" Outfit on a full Vovaue. Dol. c. Groceries ., .. ,, .. ., ,. .. 8 j(i 07 Animu-''ion .. .. .. ,, .. .. '21^2 7B Drv jxoods . . . , , . . . . , . , , , 1)') 75 Ship chandlery .. .. .. .. ., .. 101 40 Salt ,.' .. .. .. .. .. .. lan on Coal .. .. .. .. .. .. .. .'W 00 Wages .. .. .. .. .. .. ., 1,437 75 Insurance premiinns . . . . . . . . . . . , 925 20 Total consumption (Signed) (Signt'd) I). O'CoNNOii, Xotari) Publiv 74 fi'J .1. D, WAllHEN. Memo. If tho full claim for tlie season of 1887, as set out in Exhibit (Ui, lie allowed, tlitn the amount of this exliiljit, 3,774 dol. (32 c, will (iroperly appear as a credit, and be deducted from the total of lixhibit (A), of which it Ibrnis a part. Indosure 8 in No. 90. Dechiriiliuii nf James Doiii/las Warren. City of Ottawa, Province of Ontario, Dominion of Canada. I, JAMKS D0U(;LAS WARRKN, of the city of Victoria, in the Province of Briti.>;h Columbia of the Dominion of Canadn, master mariner and ship-owner, do solemnly aiiil sincerely declare as follows ; — 1. That 1 am the duly authorized agent ol' Thomas 11. Cooper, of the city of Sail Francisco, in the State of California, one of the United States of America, the owner of the hereinafter-mentioned steam-schooner "Grace," by powei' of attorney hearing date the 4th day of February, A.l). 188(j. 2. That the said Thomas II. C()0])er is, I am iiiformeil and do verily believe, a Hritisli subject by birth, and never having renounced his allt-giance to the Sovereign of (ireat Britain. 3. That (he said Bteam-sehooner " (iracc " is a liriti-h vi -sel built at Victoria afore- said, in A.I). 18^1, !ind tlidy registered at the jiort of Vietoiia aforesaid. By builder's measurement (be "Grace'' is ahuut 1>^2 tons burden. She is sidistaiitially and strongly built, copper fastened throughout, and in A.l). ISSf) her bottom and sides to about hall- load-line were coppered. Her ste.im power consists of one large boiler, compound engines and all ncc(."isary lltlings, including' inside surface condenser, steam fire pnmjjs iuid hose, and also had on b(^ei/.(l and taken out at Ounalaska was the market price at \'iettuia at the elo--t^ of the sealing season ol l.-*.*7. when the eati h iil the "(irace" for that season, in the ordinarv cour-e of events, would have been plai'cd on the market. 1"). That heretu annexed, marked "((.')." is a statement of the legal expenses incurred ■" Sitku and elsewhere by reason of the seizure of the "Grace" and the arrest of the 150 captain, and the claims arisinir tlicrofrom. and also of the personal pxponses conncctrd therewith. I'i. 'I'hiit licrcto annexed, marked " (0)," is ;i stalcmcnt of tlie amounts clainied by the owner ()(' tiie steam seliooiier ■• Oracc " hv reason of licr sci/uro and detention, (hn'in^ the season of 1H87, and of the los< arisinu: from the detention of' the said "(!raee" alter the close of said season. 17. The estimated catch by the " Grace" for the season of IH*^", namely, 4.200 se^l- sl\ins, is Iiascd npou a reasunabic ami prnbaliic catch per i)oat or cannr for that season. Exepricnee in sealin;; iiiis proved tliai tiie ureatcr lunnher ot' boats oi' canoes, or both, carried by anv one sediiii^'-vessei, the smaller tiie average per caucus or boat, and it is in view of !his tiiat tiic averaiie per canoe I'or the "(irace"' is put at 'MH) per canoe, while the averaiie for the ^teatn-schooner " Anna ]'fc\- " for the same season is ])laced at •'?.')0, the latter carryinj? cic;ht canoes and one boat, wliile the former carried twelve canoes and two boats. 'I'he said average catch of .".OO seal-skins per canoe and boat for the " (iraec; " is a fair averace eatcli, and 1 verily l)eiieve th.it, had iho "Grace" not been seized as aforesaid, her catch for tlie season of 188" would have exeeeded the said tnunher of 4,200 seal-skins. iJs. That dui'ino: tlie months of Oetober, Xovember, and Decemijer. A.n. 1887, and Januai'y. a.d. LS'^H, had the ''draco" been in ijossessiiii of hci' owner, she would have been cnaaged in the coasting trade between the various ports of I'rilish ('olunii)ia. Tiie estimated loss (ler montli of .">()0 dollars for eacli of sr.id months is a fair and I'easonahle estiniati' of the earnings of tiie sail .steam-sciioon?r "Grace" for the said months ol October, Xovcniber, December, and .lanuary, after dedticlini; the cost ot waires and ordinary run.ninf;' t- peiises, and I verily believe that the " (irace" would have earned the said sum iier month had slie been in her owner's possession. 19. That in ordrr io engage in tl;e huntinii; and fishim; of next year, namelv, A.n. ] 888, and in view of the fact that the " Grace "' will iccpiirc tlic usual overhaulin;; and fittinsr our. before heini; sent on so lonL' a vtiyaire, the latest date at which it will be possible to bef^in lucessary repairs and !■( titlini;-, and have them coni|)letc'd in order to leave at or about the u.-ual date on said hnntini;' and lishinir voya^'c, will Ix' on or about the Ist day ol I'ebruary, A.li. I f»88. If the " (irace " he not (ielivered to the owners at Victoiia on or before tliat date, it will be too late to repair and rctit her lor a full season hunting: and fishini; voya:je, which begins on or about the 1st March ol each vear. During; the summer months, (iir a vessel of the class and equipment of the " (irace " there if- very little to do in and about the coastini; trade, and the season in the event of the " Graee " not beiuE, in the jiossession of her owner on or before the Isl I'Vbriiarv, A.D. 18Ss, would be jiiaetically lost to In r owner. The claim for loss if detained bevond the Ist Febiuiivy afoicsiiid is a lair and reasonable estimate of the loss which will in sueli cases !)■ -ustaincd by the ownei' of the "(irace.' '2iK That hereto annexed, marked '" (I*'.)," is an estimate of the prinei])al sums on which interest at 7 |ier cent, per annum is claimed, and the time tor which it is so elain.ed. ( )n the 1st day of October, A. 1>. 1SS7, \^ hen the catch of the '• (irace " would have been, in the ordinary course of events, realized on, the minimum rate of interest on money for commercial purposes at the said city of \'ictoiia was. has since continued to he, and now is, 7 per cent, jier aniinin. 21. That hereto annexed, marked ''(!'')," is a statement of the articles, and the value thereiif, Irnni fxhibit (A), wliieh would have whollv, I'oiisumed in the course and prosecution of the said voyage, been seizid and defa iied as aforesaid. And I, .lames Uou;:las Warren aforesaid, make this s(deuin declaration, conscientiouslv helievin;: the same to be true, and by virtue ot Ihe "Act respccliiiw h^xtra-judieial Oaths." articles, and i^roups ot been wholly, or almost bad not the " Cirnce " (Signed) .1. 1). WARREN. Declared and affirmed hefori! m(! at the city of Ottawa, in the County of C'arleton, in the I'rovinee ot Ontario, this !)ih day ol necemner, a.j). 1887, and certified under niv ofticial seal. (Siunec!) I). O'f'oNNoi!. A'o^7^l/ Piililir for Ontario, 161 Kxliibit (A). Dol. t". 1J,.I ,: Viiluc of the stniiii--"'ln)Miivr ■•fir:ici>" ;il ilir tuiii; ■.! iii'r s-'i/uie ,, 12,0011 (Ml Outfit— (iroco: icK , , . , , . . . . . . , iilh la iVni'iiuiiiiiiiii idfi (i:i Drv f^niidn . . tiTti 17 Thrf't iioii waloi-tiinlv? ,, nii 01) W'attT-cusks, , '.'o 1)11 Ship oliiiiullfry 101 IS Twrlvc N<». iO sll<-t jrilM- 480 no Thn c iilli .. . . 1 t ■jii One Miiiiil Two scaliiii,' lidan and (iiiltiis .. ■Jl'.l or 'rwt'lw cniifu.s anil outfit-* r,si nil 8^ tons of salt lL'7 .V) .;.■! tcHlS of ,ral ■J.'il 11(1 fyookin^'' ran^i' and ututi^ils mil no :;,n.j:) In InDniani;; — Pft'ininni on L'.OdO/, insanui'-i on iniii SJl fii ,, ,, .. oMltit lid I'aii;'! . . ol 1 •V) l,:i:io '.)'.! ■J.K'.l 'Jo Waiios paid fi.'^N' and iinni- i> on voyai:-' up to tiim' of -elzio-.' I'ur'-.> ffiiiii .Siil\a t) Vict'jiia of ni .si'-r ai.d fiw oi' llio (Mt\\, a-a! iiatsli-i 's f'.\p^■ns^'^ at Siika •JlKI 11(1 781 ^(■tll•^liiIl< on l>oafrl tlif ■• I iracf " wiica •-■ i/'d. at ■> do). .";0 c. pii* sliin l,L".)o 'ill I'otul, Kxarii (A) ■J3,(il8 ilj (Sii'iied) J. 1). WAKREN (Si;^neii) D. (J'(,'(jNNOi;, Xotaij/ I'lihlic. Kxliibit (C). Loi^nl tApviiM'S at Sitka in coanoctiou with llic soizuro M' tlio "(imeo" and :itn>: ii:' mii'-n.'r ., ., ,, Cuiiii^ri .iiitl ottici* It';::al iiTN itriil rxpenscs in and about iIh' ^lmzur' oI' tin- •■ lira'-c,'' ait'i iiilit'i' claims aiitsiii;; tlit.it'Uinlur "I'vsonal expenses in tiie j^iiau' cuiiiu'ctinn Tnta) nA. c. ino no T-iii iin ■J oil on inn nil (>>iL,'nfil; (Signed) I). ()\ ONKOK, Sotani Piihlir. .1. I). W'ARUlvN'. Kxliiiiil, (I) .- -i'.^■l■IMA■n•;I) Loss mut iJainu^i' to tiic Ownoc ol IIk' ■• Gimcc," by irason oi lice Sci/.uic and Dutciilioii, duriiii; v.i). 1887. Ilol. ,-. Uc.iooahli; and pioliuidi' citrli of s^'a.s tui* liic -^i-asoll ' f I ^.-<7 .. I.JiMI l,''>s tiiinhi-r on lioard win-ti ■ i/t d. am! cduir^od in '■ix'iiidt ( Aj . 7^1 lialnncc at o dd. M c. piT skin , , Ki'a-ioaabk' laininus of ■■ (iuicu ' diuinjr niuatliM of Dotoiier, Novrail.i'i-, and Di'i-cidier llis7, and .lannan IHNS, liad •*lu' li.'i-n ill owiivi"- possession, vi/., four months at "lOn dollars (Mi(di ., ,, ,. . . , , l>ii'uaU-d lo?8 for si'idiiii; M'li'-on iif IbtiS, if *'ijrai;e" not in possfssion of owiH'r on or ladore 1st I'tdiniarv, I8HH Totil .. (Signal) (Signed) 1). OCoSNon, iS'iiidri/ I'libik. .!. ll'.t = 1«,»UI •.(! J, lint) nn 7,non un i.'7,f<01 ill U. WAKRKN. lo2 Kxhibit (F,).— EsTiNtATK of the i)rinci[)nl miius on wliicli Interest at 7 per cent, per annum is claimed, inn! the 'I'inie tor wliicli siieli Interest is so elainiud. I)(p|. 0. Valui' 111' the '• Graci'V " i-stinmtid (■.■itch ol' sc:!!." for 1S87, I'roiii ihe Ut OctnlxT, .\.n. 18.S7, cm iir lifliiro uhicli diitc' tlii' Miiil ciilcli «n\ilii Ijiivc been rralizoil mi. viz., 1,^1)1) skiiH 111 ^) (Inl. ;jli c. ])cr sliiii .. .. ■_':;, Km (in C'ii»li i'.\|)cniloil lur li'i.'iil 1111(1 (ptliiT cspciisun (in accmiiit u{ such seizure up to siiid (Into " ■'<"'"" Total principal on which inlcitsl is {•lainicd at 7 per rent, pcu' nnnuni I'rc'in Ist October to ilntc of payment ,. .. 'J;;. II"' ml (Signed) J. I). WAUllRN. (Signed) I). O'CoN.soK, Ao(«; v Piihlic. Kxhibit (F).— Vai.Ui; of the Articles of the "Grace's" Outfit which would have heen whoilv, or ahiiosl wholly coiisiinied. on a full huntint; and Hsliini,' voyaue. Oroct-rics , , Aniiniiiiition Drv i;oo(ls , , .Ship cliaiHlh ry . . .-^ult . . ' . . Pr.nl . . WaL-c . . . Iii^MiMncc pri'iniuiiis 'tVt:il value con-sunicd •• •• .. •• (Sitriied) D. O'CoN.voi:, Snlarii t^iihlic. noi. c. !ii8 i:; loi; i::' •J7« 17 ir,l IS l-.'7 .'id 'jni 11(1 •J, 111 I li.^ I,.'i35 no .'■i.lin s.'. .1. D. WAHRKN. (Siiinedl Memo. if llie full claim for the .sea.son of 1887, as set out in E.vhiliit (D) he allowed, then the amount ol this Kxhibit, .").410 do). 8") c, will |iio|)erly appear as i\ cicdit, and he deducted from the total of Kxhibit (A) of which it forms a ))art. Iiiclosiire '.) in No. 110. Drrldriiliiin (if Jaiiii's Doiii/la.i IIV/w/i. City of Oilawii, Province of Ontario, Dominion of (/'anada. I, .JAMi;s DOLUiLAS WAURF.N of the city of \ictoiia, in the I'nivmce ol Ihitish C'ohinihia of the Dominion of Canada, master mariner and ship-owner, do soU'tiinly and sincerely declare as follows : — 1. 'lliat I am the duly authorized agent of 'I'homas H. Cooper, of the city of San Francisco, in the S^tate of California, one of the Cniteil States of .Vmeiita, eiijiineer, by power ol attoiucy heariiiif date the -ttli day of November, ad. I'^SfJ, the owner of tin; hereinafter-mentioned steam-schooiier " .\mia Reck."' 2. That the siiid 'I'hoiiias II. Cooper is, as I am informed and viMily believe, a British subject by birth, iind has never renounced his alleu'iance to the Sovereign of Great Hritaiii. 3. 1 hnl the said steam-scliooiier " Amiii Beck " is a British vessel since ,\.o. 1872, when she was transferred by purchase from tin.' Registry of the port of San Fiancisci) aforesaid to that of N'ictoiia aUnesaid, and has since remained on the Registry of the port ofVictoiia. In 188;{ the ".Anna Beck" wtis rebuilt and raised, and in the winter of 1880-81 she was fitted tip with stcimi-propellor, and all the macbineiy and ap|iliaiices necessary for such it purpose. The cost of stiid steam-power and lehtiildiiii; was over 8,000 dollars. 4. That a- :i;;eiit, a> aloresiiid. i,\' the said Thomas II, Cooper, I am tlsL' sole manasjer of the said sleani-sehdoner " Anna Beck." ;'). That on the 2 1st Miiich, ,\.v. 18S7, the said "Anna lieck" sailed from Victoria, havinti; |iievi(ii.:sly cleared lor that ptirposc, on a full season's hunlinu; and lishing voyage in the North I'acific Ocean and Jiehring's Sea. On or about the 'jrilh day of May then next following the " Amiii Beck" sailed from the west coast of X'ancouver Islanil for Behriny's Sea. On and tor .said voyage to Behring's Sea the crew of "Anna Beck" consisted of 153 Lniiis Olscii, oCthc siiid city of V'iclorin, inustei-; Micliaul Kecfo, of I he -;imic pliicc, mate ; iiiid t\vi'iity-(iiu' sailor.-i and liiiiiU i-, with inu- S(idiiij,'-I)()ul iiiul (;ii,dit ciiiiolv-, r,nd ii complete oiitlit fur II lull voviin'c of luiiitiii^' mid tisliiiit; in nchrins^'s Sesi. (i. Thai on or uhout tliu 'J'' t'le linn? of said seizure the "Anna lieck " had on board 'S'A seal-skins, lm)^t of which had lii'in taken by the "'Anna Meek" on her voyage up to the time of entering -aid sea, and not, afterwards. After seizinc, the "Anna iieek " was, by the authority of the Coinuianiier of the " Kichard Rush," taken to Illoolook Harbour, at Ounalaska Island, in tile Unilcd Stales' Territory of Alaska, where (he said seal-skins were taken out and slored on shore, and the ai'iiis and atnniunition transferred to flu; said •' Hieliard llusli," eithi'r at sea or in said harbour. The master, mate, and crew of the "Anna IJeek " were sent to Sitka, in said Territory of Alaska, on th(! Ainerieaii schooner "Challenge." On their arrival at Silka afore-aid the master and mate of the ".Anna Beck'' were taken before a Judge, and bound over to apjiear bet'ore said Judge on the 2Jnd August then instant, foi' trial, on a charge of having violated the laws of the United States respecting seal-lishing in (he waters of Alaska. The master and mate so a|)])earcd t'lr trial on tlie '22iid day of August, A.n. If^^l, and thric after from day to dav until the iUh day of Su|)teinber then next followii>g, when, wilhout having lu'en brought to trial on said charge, or on any other eiiargc^ whali'ver, tlicy were uueonditiunally released. 8. 'J'hat hereto annexed, marked "(A)," is ,i statement showing the value ot' tiie said steam-schooner "Anna Heck" at the time of her seizure as above set out, excepting only what had been consumed in the ordinary course and prosecution of the said voyage ; also of flic outfit, and value thereof, of the " ,\iiiia Beck" on said voyage; also of the amounts paid l(ir in.-uiapcif premiums on the iuill, outfit, and cargo of the "Anna Ik'ck " on and during said voyaije; also of the amount of waires paid to the crew and hunters for said voyau'c up to the lime ul sai ! seizure; also of the lares and exjienses of the master and mate from Sitka to \'ictoria, and of sixteen of the cnnv of' the " Anna Heck'' from Fort Simpson to Victoria; and also of the number ami value of the seal-skins taken from the s-.ii 1 " Anna Hecli " .dter such seizure at Ounalaska Island, 'J. The value? placed on the said steam-schooner "Anna Heck," namely, M,(M)(J dollars, IS based upon her cost, the order and condition in which she was when seized, nnd the v.ihie ot' similar vessels at Victoria aforesaid. As stated in (he |)reecdi:.g paragraph .'i ot tiiis declaration, the ' Anna Heek " was filled with sti'imi pri)i)clling powei- in a.d. I ^->0-8], and in i.iu li*^'-i was rebuilt and i.ii-ed at a total cost of over M.ODO dollars. \t the time iif her seizure she was in tir-il-class order and coiuiition, having been thoroughly over- hauled and refitted for said voyage, and the value claimed for her, namely. 8,0lHi dolhu's, is a fair .md rea-onable value Ic ]■ her al the time ol her said seizure. 1(1. I he prices charged in ICxhibit (A) for, the articles, and gronjis of articles, c.iin- prisiiig the outfit of the "Anna H;'ck " on said voyage are the market prices at Victoria al'ijiesaid at the time of tiieir purchase for the use and purposes of s :ii(l voyage, and the inice per skin charged for the seal-skins taken from the " .\nna Heck " when seized is the iiiaiket iirice per skin onrreni at \'ietoria afore.-uid at tiie close of the season of 1837, \v1k'1i, in the ordinary course ol events, the catch of the " Anna Heek " would have been placed on saiil market. li. That hereto annexed, mirked "(<'j," is a statement ol tiic legal and p.'rsonal expeii-cs at Siika and elsewhere arising out of the seizure and detention of ih.' " .\niia l)L'. The estimated catch of seals for the se.ison of l>s7, namely, -V '•"'", is calculated upon an average catch per boat and |)er canoe of 'i'lO seals, which is a lair and reasonable estimati' ol the probable catch per boat and jur canoe for the boat and each of the canin:-. of the ^aid " Anna Hi^ek " during tlie season uf I8S7. 1'!. .M'ler ihe close of tlie sealing season of ]8'S7, and during the following months of Ocioiier, .November, and December, a.h. 1x^7, anil .lannary, a.d. L'SSS, hud the said steam-Hchuoner " .Anna Heck" bceii in possession of her said owner, siie would have beea engaged in the general coasting and freighting trade in and about the coasts of British Coluinbia aforesaid, and ihe reasonable and nrobable earninu'S ol'lhe".\!iua Beck " tor []2»'\ X 154 said months of October, November, l)eccnit]ei, and Jnnunry, after deductinp from the gross jinidunt thereof the cost of wnpes and runniiip; cxpcDses, would be !it least 500 dollin> ])C'r month for each of the snid iiiontiis. 14. Ill order that tlie "Anna Ikck " may he repaired and refitted in time to engage in a full sciison's hunting and fisliing voyam; for A.n. 1888, it is necessary that she should be in her owner's |)ossession at ^'i(•toria aforesaid on or about the Ist day of February, A.D. 1H88. If not at that date at Victoria and in [)ossossion of her owner, it will be impossible to put her in til. and proper condition to start out on s:iid voyage at or about the usual time, whicii is on or about the 1st March in each year. During liic summer months there is little for a vessel of the class and eijuipmcnt of the " Anna l?cck " to do in and about the general coastinfj trade, and if not ciiga^^ed in hunting and fishing as aforesaid the season would be practically lost. The claim of 6,000 dollars as proliabic loss and damage to the owner of the " Anna Heck " if she is detained after the 1st February, a.d. 1888, is a fair and reasonable estimate of his said loss by reason of such detention, for the seaison of 1888. 1 .'). That hereto annexed, marked " (H)," is a statement of the principal sums on whicli interest is claimed, the rate thereof, and the time from and to whicli it is so claimed. At the time when the catch of the '' Anna Heck " for 1887 would have been realized, on or about the 1st Octobei-, 1887, the minimum rate of interest on money for commercial purposes at Victoria aforesaid was, has since continued to ' :, and now is, 7 per cent, per annum. 16. That hereto annexed, marked "(F)," is a statement of the articles of the outfit of the said " Anna Beck," and the value thereof, as given in Exhibit (A), whicli would have been wholly or almost wholly consumed during the course and prosecution of a full hunting and fishing voyage in the Hehriiig's Sea. And I, James Douglas Warren aforesaid, make this solemn declaration, conscien- tiously believing the same to be true, and by virtue of the " Act respecting Extra-judicial Oaths." (Signed) J. D. WARREN. Declared and affirmed before me at the city of Ottawa, in the County of Carleton and Province of Ontario, this 9th day of Decenihcr, a.d. 1887, and certified under my officiiil seal. (Signed) D. O'CoNNOii, Notary Public for Ontario. Exhibit (A). Vnlue of etenni-Bchooner " Anna Ik'ck " at time of nciiure liy tlnited States' Btcam-sliip " iticliard Hush" on Slid July, A.D, 1887 .. Value of " Anna Beck's " outfit — GrocorieB . . . , . , Ammunition Dry goods , , Four iron tanks Casks Ship cliandlt'ry Four No. 10 shot guns Two rifles . , . . . . . . , . , . Gun implements and tools One seuliiig-boat and outfit Eight eanoes and outfit 8 tons Malt . . 2.'> tons eoal. . , . . . . . . . . . Cooking range and utensils . . . . . Insurancu — Premium on 1,100/. on hull (118/. 1». Irf.) 2,000/. on outfit (105/. 13». 4(/.) Wages paid crew and hunters up to time of seilure « • Pahsage and expenses of captain and mate fiom Sitka, and sixteen of the erew of the " Anna Beck " from Fort 8im|)son to Victoria 334 seal-skins on board the " Anna Beck " at time of seiiurc, at & dol. 50 c. per skin . . . . Total, Exhibit (A) (Signed) D. O'Connor, Notary Public. Dol 87C <2 212 GO 95 ',« 82 00 10 00 240 06 leO 00 45 00 00 140 50 ■i.oe 00 100 00 176 00 75 00 .574 98 514 59 Dol. c. 8,000 00 2,727 34 1,089 57 1,111 5U 460 64 1,837 00 15,225 95 J. D. WARREN. (Siijned) Exhibit (C). Dol. c. I.nunl cxpcn"!-* nt Sitki in cnnncriioM >vitli tlit: sii/.uiv' of tlic "AnnnBcck". 100 00 Comi-il mill iitliiT liuiil l»!fn nnil I'xpeii't" ii; iiml iil'out the claimt iirisinu' IriHii -iiiil ^C'i« 111 ., .. .. .. .. .. 750 00 rcrsniuil i'X|)onHOH nt' tlic uwiier in coiitM'cliiiii witli i^uid scimru urid rtuiins . , *Jj0 00 Totiil ('Sipnod) (Signed) I). O'CoNNOU, Ao|i(ied to above light \vater-line, and copjier-faslened when built, and bad not u|) to the lime of her seizure hereinafter set out sustained any danintrc or strain beyond nnlinary wear and li ;ir. Her steam-power consists of one lartje steel boiler, put in durini; the winter of ISSI-S."), corn- pound engines and all the necessary fittings, inchiilin'^' inside surface condenser, and also steam fire-])umps and hose, and a double steam carijo winch. 4. The said steam-schooner " Dolphin " was didy licensed as a passen;,'cr-boat, and had all the ap[)liances and conveniences reipiired by Canadian laws for such vessels. 5. That as such agent as aforesaid, I am the sole manager of tlie steam-sthooiuT " Dolphin " for the said Thomas II. Coupcr. 6. That on the Kith day of May, A.D. 1887, havinj; previously cleared at the port of Victoria for that jiurpose, the said "Dol|)hin" sailed from Victoria on and for a full season's hunting and tisbinj; voyage in the North Pacific Ocean and ludiriiig's Sea, and nn and for said voyage the crew of the " JJolphin " consisted of myself as maslei', John Ilcilly mate, and crew of tbirty-ono sailors and bunteis. 7. That on the Gth day of July, A.d. 18s7, the " Doli)hin " entered the said I'ehring's Sea throtigb the Amoughta Puss, commonly called the " 17-nd Pa-s," having then on board .'J9l> seals, taken while on the voyage up through the North I'acilic (Jecaii from Victoria aforesaid to Amoughta Pass aforesaid. S. On the 0th day of said month of ,fuly the "Dolphin"' began catcluui; seals in Behring's Sea, then being in north latitude ."i 4° lb', and we.-.t longitude ItJH" -10', and Irniii said 0th day of .luly until the at'tenioon of the I'Jth day ot said month of .lulv tlir " Dolphin '' caught twenty-eight seals in said Hehring's .Sea. 2. That on the afternoon of the llitli day of .July, A.ii. 1887, the United Sfate.V steam-sliij) "Richard Rush" seized the said steam-sehooner " l)ol[;hin "' while lawfully pursuing the objects of said voyage, and then being in north latitude .Vl' J'lS', and west longitude I (i'" 3', and about i'J. nnles Irom OunalasUa Island, the luare^t land, I'or an alleged violation of the laws of the United States rcspeetin-.; seal-fishing in the waters of Alaska. That wlien said soizme was made tbr^ " Dcdphiii" was lawlullv pursuing tin; objects of said voyage. When the Commander of the said "Richard Rush" made tin' said seizure he told nu; that his iu'^tnintions were to seize; everything he found in the sea, or words to that effect. 10. After seizure all the linarms and auununition on board the " Dolphin " weio taken on board the said " Richard Rush," a Lieutenant from the latter placed on hoard the " Dolphin," under whose command the " Dolphin " was taken to the Illoolook ilarbou; at Ounalasku Islanc', in the United States' Territory of Alasiia. After arrival there the 618 seal-skins on bo^rd the •• Dolphin" were, by order of the United States' iuithorities thereat, taken out and stored. About 2, (>(l() lbs. of salt were also taken out, for i-esalting tlu' seal-skins. On the 20tii day of said .Inly the " Diil])hin " ^..Wci] from Illoolook I larhour nn Ounala-ka Island l(;r Sitka, in the said Tci'iitory of .\laska, where she arrived on the 31st day of said niiiith ot July. 11. On arrival at Sitka the "l)ol))hin" was taken charge of hy United Stales' Marshal Atkins, of the said Territory of Alaska. As masler ol the " Dolphin " 1. with the mate, the said John Redly, were, on the I Gib day of August then next following, taken before a Judge and bound over to apjjcar tor trial on the 'i2iid day of .\ugust, a.d. 1887, on a charge then read over to us of having violated the bev of the United States of u piiee pej seiz((l close not sue I at SitI ■••|)<,1| 1 daiiiau .\.i). 1> per sea vnyau hunters calcul verily rea^oiia Mehrin hoth to the or( season, a sinuk i; Octobc possess and l'r( reason; cost of If 4,.V)() outlit, "Dolp 18SS, Pehruiil IS? m ■''? (j| Hi'itiHli (.iiiiily iiiid ilv of Sun iVMor ol the •: (l,iti; llu' lic'lifvi', a Dvi'ri'l;,^!) 1)1 ■ M'i;'. lifivx- s infiisurc- (I to above lur seizure ttar. Her S l-H."), coiiv CI-, iind also ('[■-boat, anil ,cls. iin-scliooiicr t tile port of 1 Cor a iiill Sea, and on I, John Ucilly said Hfliiiiv/^ ^•iim then on (Jccaii from Hiiiil; seals iii -10', nnd (roiii of July the fM Jnitcd States' while lawhilly ;'>8', and west t land, for an in the waters pnrsuinL; the ;h " made the md in the sea, lolphia " wi'ic aci'd on hoard olook Harbour rival there the :es' aothorities IV resaltinL'; thi )k Harbour on irrivcd on the United States' n" 1. with the jllowiiig, taken ust, A.D. lf^S7, iitrd States of Anirricn resiicctiiifj; s(nl-fi«liin',' in tlio waters of Alaska. We so appeared on tlie 2'_'iid day ot Aii^'usl for trial, and from day to day thereafter, lor our trial on said (diari,'e. We so iippeared thereafter tor trial day after (lay imtil the iltli day of Septendier following', when, witliont any trial on said chnr^'e or any other charfie whatever, we were nneonditionally released. I'Voin our arrival at Sitka on the .'Jlst .July until the Kith day of Au!;ust following,', when we were taken before the .ludfjc, no effort was made to restrain us r,r in any way deprive us of liberty. The crew of tlii! "Dolphin" lived on hoard her all the time of their slay at Sitka, .and when leavinir to return to Vietoria by the United States' Kteatn-ship " Hieliard Kush " took Ironi the "Dolphin" suHieient ])rovisionB and supplies for till' trip. 11'. That thieto annexed, marked " (,\)," is a statement of the value of the Btcati- scliooiicr " Dolphin " at tlu! time of her said seizure; also of the articles, and groups of articles, eomprisinc her outfit on and for said voyiii^e, all of which, exceptini; only what liiid been consumed in the prose(aition of the voya'.;e, were on hoard at seizure, as well as eonsi(l(rabIc extra supplies and stores not mentioned in Kvhibit (A) ; also of the amount of preiniiinis jiaid for insurance on the hull, car^o, and outlit of the " Dolphin" for and duiiiv,' said voyai;e ; .also of the nniount of wajjes paid lo the crew and hunters of the "Dolphin " on said voyage up to the lime of Iiir seizure, and of the expenses of the master and male in returnini^ to Victoria from Silk.i; .ind also of the number and value of the M al-skins taken from the " Dolphin " when sci/ed. I.H. 'flu; value placed on the said sleiun-sehooner " Dolphin " in I'-xhibit (A), namely, 12,(1(1(1 (liillars, is Inised upon iier original eo-t, the condition which >lie was in when seized, and the value of vessels of her class and eipiipnient at Vietoria aforesaid. The first cost of the " Dolphin " was over 10,()()0 dollars. At the time of her seizure she was in first-class order and condilion, havini; been specially repaiied and refitted for Iho voynije she thi'ii was on. Her insurance vidiic for 18s<7 was r.i,.")()l) dollars, and she was iii>ured on and diirini; said voy.i^e f'or 12,000/. The said value, n.imely, Iii, ()()() dollars, is a fair and reasonable value for the " Dolphin" when seized. It. '.'he prices chari;cd for the article-, and i;roups of articles, in Exhibit (A), com- |irisiii^' the uitfit of the '' Dolphin," .are the actual cost prices of the said articles, and groups of articles, at the time of their puIelKl^e at N'ietorla (iir the purposes of said voyage. The jirice ]ier skill chari^cd in Exhibit (A) for the seal-skins on board the '• Oidphin " when seized, naiuclv, o dol. .If) c. per skin, was ihc market price at \'ictoria aforesaid at the close (d' the sealinp; season of 18l<7, and at which time the said seal-skins would have, had not such seizure taken place, been put upon the \'ictoria market. lo. That hereto annexed, marked " ((')," is a statement of the legal e.xpcnses incurred at Sitka and elsewhere, and also of personal "xpenses arising out of the seizure of the '• llii||ibin," the arrest of the masler and mate, and the claims relating; tliereto. Id. That l']\hibit (D), hereto annexed, is a statement of the estimated loss and ilainaire to the owner ol tlie "Dolphin" by reason of her seizure and detention during A.i). l'-s(7. The loss for l.**S7 is based upon a catch of 4,;)00 seals at the current price per >eal-skin at Victoria at the close of the season of IfS*. The "]Jolphiu," on her voyau'e, carried thiiteen canoes and two sealing-hoats, and a crew of thirty-one sailors and hunters. The estimated eateli of ■l,.'')0o seals by the "Dolphin" for said season is calculated on an averai^e catch of .'JOO seals per boat and canoe for a full season ; and I verily believe that said average e.itcli per boat and per canoe for said season is a fair and reasonable estimate lor a full season's work, Dtiriiiij tin; time the ■' Dolphin " was in Helirini;'s Sea, bcl'ore capture, the weather was wrv unfavourable for seal-hunting, being linlh loirgy and windy, and the catch for that period is no siimdard by which to judge of the ordinary and average catch ot' the season. There arc fri'ipieiitly, all through the season, days at a time when no seals at all are taken, and, on the contrary, I have known a single boat to take from thirty to filly seals per day in tine weatlier. 17. After the close of the scaling season, and during the succeeding months of October, November, Deceinhei, and .January, had the "Dolphin" been in her owner's possession, she would have been engaged in the coasting trade between the various ports au'l freighting placc>. on ilie coasts of Hritir-h ("'olumbia. During .said months the fair and rcasnnabl(> earnings ot' the '' Dolphin," alter deduct iii'4 from the gro>s amount thereof the cost ol'waucs and runninLj expensis, would be at least .'lOO dollars per month. 18, The estimated loss lor the season of 1>SS is based upon the said average catch of Ij.Vll) scal-skins at the rate of .'j^ didlars per skin, alter deducting therefroin the cost of outfit, wages, and other necessary expenses of a hunting and lishiii!;' vo\age based on the " Dolphin's " voyage of A.l). 1887. In order to fit up the '• Doliihin" for such voyage in 18S8, it is necessary that she be in her owner's possession on or before the 1st day of Teliruary of that year. If not at Victoria aforesaid about that date, it will he impossible 1/58 to put licv ill order and condition to leave on such a voya;;u at the usual tiiiio, namely, about the 1st .Miircli. Dininj( llu; suinuicr months tlierc is lilllo or no C()astin^ trade for H vesst'l ol' the class and c(|iii|)uient oC the " Dol|)liiii," and unless she can he sent out on a rcfiular Cull seas in of liuiitini; and (ishing, her owner will practically lose the ])rotits of the season. Ann 1 verilv hclicve that 7,000 dollars is a lair and reasonable- estiniato of the eaiiiinirs of the '■ Dolphin ' on such a lull season's huntiiii,' and li>liini; voyage. 1!). 'I'liat lici'cto anncxci, marked " (1'-)," is a statement of the principal sums on which interest at 7 per cent, per ann im is elaimecl, and the time for whicii it is so claimed. At till' time wl.<'n the catch of the " Dolphin " for the season of 188" would, in the ordinary course of events, have been realized on, namely, on or about the 1st October 'if that year, the minimum rate of interest on money tor comnierjial pur|ioses at Victoria nforesaid was, has continued to be, and now is, 7 per cent, jier ai num. t-'O. That liereio aiuiexcd, marked "(F)," is a ■itatemeiit showing the various articles, and groups ol articles, comprised in the outfit of the " Dolphin," and the value thereof, as given in I'xiiibir, (A), which would have been wholl,- or almost wholly consumed on a full season's huntinsr and (ishing voyage, such as that contemplated by the " Dolphin " in 1887. And I, .lames Douglas Warren atbrcsaid, make this suleu'.n declaration, uonscien- tiously believing the same to be true, and by virtue of the " Act respecting I-xtra-judicial Oaths." (Signed) J. D. WARREN. Declared and affirined before ine at the city of Ottawa, in the County of Carleton, in the Province of Ontario, this !)th day of December, A.i). 1K87, and certified under my official seal. (Signed) D. O'Connor, Nolari/ Public for OiUnrio, I I ■.a Ex\ Exhibit (A). " at the time of her sciiuro. V:iluc of stenm-folionncr '• Dolphin Outlll— Oroccrien . . Ainiiiuiiiiiou Dry (^ooiJh., Two iron watcr-tiiiiks \V;itt'r-c I'-ks Htiip eliiiiulclry 'i'weniv-thicf; shot guns Foui- litifK . One limib-gun for sigrmllin;; . , Gun iiiiploiiicnts nml took ., 'I'iiiitL'en cannfs ami outfit dnf Br-(H)ii(i-h:in and ojtpi'iiscs of niastor and ninto. and live of crcn-, frr Vjcloria, H. f. 018 Hful-skins on hoard " Dolphin " when seiied, at 6 dol. .'jO r., j (Signed) 'I'otal, Exhibit (A) (Signed) 1). O'Connor, Notary Public. Dol. c. Dol. e. 12,000 00 98i GO 210 22 220 30 25 00 65 00 i62 03 U20 00 90 00 00 (10 111 50 7U 00 75 00 136 00 i«7 00 75 00 1,190 73 H21 -to 514 61) 1,335 90 , , 1,899 50 iitkii to , , 3(K> 00 nkiii .. 3,390 00 23,125 22 # J. D. WAKREN. Exhibit Memo. If til then 111, deducted 159 Exhibit (C). Lppiil cxpui^is nt Sitka in conTurtioii witli the stizurc and dctentiitri of llic *' Dolphin." nnd nrrcst of mastor niid mate «r*n»nsnl iiiul otlu r Iciziil IVrs iiii'l cxpcn.-cs in and about the .•< iKti'P ol" tl " I1(t'j)hiii,"' :nn! iIm' ( laiiri in^in^ ihtTcfrom ,, r{r>-nn:il cxpcii^os of ihi- owiii r in tiic same connection, , 'I'nlai (Sigiicfij Dol. c. of 100 00 7i)0 on ■.;.5i) (III . l.iOII 00 J. D. WARRKN. (Signed) U. (J'('oNNOU, Notary Public Exiiiliil (U). — l'"sTi.M.\Ti;i) I,(i>s 1111(1 n;iiii.i!.;(- to the owner oftlie "Dolphin" liy reason of iicr Seizure and Detention during A.D. 1887. Ill ii~ci>i:il)lf and prolmblc catch of i^cnl-skins for season 18S" I (>.« uuiulier on board when seized .. «. Ila1:incc. at S dol. SO c. per skin ■J,'>00 st.s»ioii. vit., four month", at ."iOO doll.irn per nmi'tli Kutima'i'd Invn (or sciilinir 'i a«oii of 1SK8, if " Dolphin" not in posucs- «iun I'f oMMcr on m b'lorc th« Nt February, 1888 ,. ., Tc.lal (.Signed) (Signed) 1). (yi'cisvan. Notary Public. Uol. c. = ■ll,:\al on 2,000 on 7,000 00 .■iO.IJ.il oil J. D. WARREN. Exhibit (E). — Estimatk of tlicPrincijial Sums on wlii(>li Interest at 7 percent, per annum is olninied, and tiic time for whicli it is so claimed. Value of tlif entima* d catch of the " Polpliin " for the ..-cn'.on of 1887, from the Is' Octocer, 1887, about which time the said catch would l..,vc 1m en realized on. viz., 1,.')0U H'.al-skin.-, at 5 dul. 50 c. Cash Mienditure for U'jial and other expenses on accoiuit of said niiiire priir to th. Ut October, 1887 Total princijial on which interest at 7 jwr cent. p<'r annum is claimed from the ; jt OcU)hcr, 1887, to date of pujiucnt of cluini . . . . 25,160 00 Do!, e. 21.750 00 400 on (Signed) J. D. WARREN. (Signed) D. O'Connor, Notary Public. Exliiliit (F). — Vam-k of tile Articles of the " Dolphin's " Outfit wliicli would iiave iK'cn ^^ holly or aiino.'.t wholly consumed on n lull hunting untl sealing voyage. (iroceries Aiiimuaition , . Dry gciodn Ship chandlery . , ^ilt . . Con) .. \Va(j!i'« . . , , Insurance prcrainins Tot:d value consumed (Signed) (Signed) D. t)'CoNNon, Notary Public. Dol. c. ;i8,') fift 210 ■21 22'J ■M 202 O,^ IRS on 2s7 00 1 ,80:1 50 1,S35 99 .. 5,;i7t 72 J. D. WARBEiN. Memo. Il the lull cl.uni lor trio sci.liiit; season of 1887, as set out in Exliiliit (D), \ i' allowed, then till' uniouiil of thJH Exhihit, !>,'\''i dol. 72 c., will properly apjiear as a creiiil, and tic licducted from the total of Exhibit (A), of which it forms a part. HiO incldsiirc ! I in Nd. 'M). Derliiidlinii of .Ui:iHs Douijliis IVarrni, City of Ottawa, Pioviuce oi Oiitaiin, IJoniinion of Caiuidu. I, JAMKS l){)r(;LAS WA1U<1:N. of tlu' city of \'ift,oii,i, in tin.' Province of Ri-itish nolunibia ol the Diniiininn of Ciiniida, ninslcr iiiariner and sliip-owiu'i', <7, the "Alfred Adams" entered Bebring's Sea, and continued therein until the (itli day of August following, when, in north, latitude 54^ 4 S', and west longitude K!"" '10', then being about (!_' miles from Ounalaska Jsland, the nearest, land, and lawfully, as I verily believe, pursuing the oljjeetsot the said voyage, the " All'rcd Adams" was seizeil by the I'nited Stales' steam-ship " Kiebard lUish " tor alleged violation of the laws u[ the United States respeetinu' seal- fisliin'.: in the watcis ot' Alaska. ^). 'i'liat immediately after such sci/ure the Commander of the "Richard Kush " ordered the seal-skins then on board the "Alfred Adams," and all the tiriarnis and ainnmnition, and Indian spears on board, to be taken out, and said seal-skins to the number of 1,3^0, and the tireaniis, ammunition, and spears, were taken from the said sehouner "Alfred Adams," andconveyid to the said IJinted States' steam-sbij) " Riehard Ru.-.h." The ship's p.ipers of the " Alfred .Adams " were also taken from her by the C.'oninKuuk'i of the " Ricliard Rush, ' and, as 1 verily believe, the master and mate of the ".Mlrid Adams" placed under airest, though not aetually imprisoned. (j. Hereto annexed, marked " (:\)," is a stuti'inent ot articles and value thereof, as claimed by the said (nitmaii and Fraidi, winch wire so taken liy the ".\hri-d Adams." 7. That heielo amiexed, marked " (H)," is un estimate of the loss claimed by the .^aid Gutman and Frank, as n^sultiiisj to them bv reason of the Sii/.urc of the " Alfred Adams," penses incurred by reason of said seizure lerein set out, and ol' the lei^al and personal ex anc 1 the claims arising therefrom. 'J'he price per skin charged for tlu; estimated catch nl the "Alfred Ada for a full season, naniely, ij dol. .00 e. per skin, was the current market price per skin at Victoria at the close of 'che sealing season of lsS7. The catol of the " Alfred A( lor saiil Mason is estimated t rom an average cateh per canoe ot 350 seals, the " Alfred Adams '' having on siiid voyage ten canoes. 8. That hereto amiexed, marked " (V.)," is a statement of the principal sums on wliieii interest at 7 jier cent, per aiiiui! i i^ ekumed, tiii"; rate pci' cent., an lh,\. lialaiici', at 5 ilol, 50 <•. per i^kia .. 2,114 - ll,ti27 00 Dol. c. Lc;;al oxpcnsrs in coritu rtion witii tin- claiiiiH arising from said seizure 300 00 rcrsoiial I ipcusis in llic aaino eonmrtion ,. ,. .. 200 00 500 00 Total (Signed) (Si{,'ncd) D. O'Connor, Xotanj Public. .. 12,127 00 J. V. WARREN. Exhibit (E). — Principal Sum on whicb Interest at 7 per cent, per annum is claimed, and the Tiiiie for whicii it is so claimed. Valun of llie probalilo oati'li of the "Alfred Adams" for fea^^on of 1887, from the Ist Oetolier, 1887, on or about which date said caich would have been ri-alizi'i) on, viz., 3,500 8oal-skins, at 5 dol. 60 c. .. .. .. Total HUTU on whieh interest at 7 per cent, per uunum i» claimt'd, from the Ist October, 1887, until tiir.t of pa3'mi'nt ,. ,. .. ., (Signed) (Signed) 1). O'Connor, Xolary Public. Dol. c. 19,250 00 ia,250 00 J. D. WARREN. Inclosure 12 in No. DO. Declaration nf James Douglas Warren. City of Ottawa, Province of Ontario, Dominion of Canada. I, JAMES l)OL'(iliAS WARUEN, of the city of Vietorm, in tlu; Province of British Columbia of the Dominion of Canada, master mariner and ship-owner, do solemnly and sincerely declare as follows : — 1. That 1 iim the duly authorized agent, under power of attorney bearing date the 2r>th (lay .if November, ad. iS87, of .fames .J. Gray, of the said city of Victoria, ship- owner, and owner of the hereinalter-meiitioncd schoonir "Ada." 2. 'I'liat ilie said scliooiicr " Ada" is a British vessel of (iJ tons, reij;istereil at ttic port ot SlmnKbae, and was, at the lime ol her seizure hereinafter set out, ;') years old. 3. That on or about the 16th day ot .lune, A.i). It^-i?, the said schooner "Ada" cleared at the port of Victoria aforesaid, on and for a full hunting and tisliiiig voyage in the North Pacific Ocean and Uchriug » Sea. For said voyage th»- crew of the " Ada " [128J ■ V 1112 consistod ot' .liimps GaufHn, mnstor, a iimtc, iiiid twpnty sailors and hiintors, with two s("nlin'j;-l)()nts and scvrn ranops, and fully ciiniiiiu'd and provisioned Cor snuli v(>ya;;(\ i. 'I'lic "Ada" cntcrci! Hcliriiiii's" Sea o ■ aiioiit the Kltli day ol .Inly.' A.ii. I8N7, and connmicil tlicivin laulully iiui'-^uin;,' llic oojccts ol' licr voyage nnlil llic 2.')tlMlay ol Auiiiist then next lollowinL', wliuii, wliilc -^o lawinlly pursniiiir tlip ohjpcts of licr voyas^t; in said sea about lo miles nortliward Ironi Onnalaska Island, wliicli said island was the nearest land, (ho said sehocner was seized iiy the IJinled States' sti'aui-shi|) " liear," and taken to llloolook Harbour at said Ounalaska Island, in the United States' Territory ot Alaska, ar.d her voyaire completely broken up. .0. At the time of said seizure the "Ada" had on lio.u-d 1,876 seul-skins, wiiicii upon arrival at llloolook llarliour aforesaid were taken from on hoard the "Ada" and stored on shore, after whieh, by order ol the United States' authoritie>, the " Ada" was taktn to Sitka, in said Turrilory of Alavka, toj,fethei- with the master. lu.ile, and crew. (J. 'I'hal the siid " Ada" arrived at Sitka on the (ith day of September, a.D. 1887. and on the !)th day of the .said month lier master and mate were, without Ijeing tried for any oft'ence whatever, vnieonditionalK released, lint the " Ada '' kept at Sitka, where she still remains. 7. That hereto aimexed, marked " (,A)," i» a statement showing the value of the " Ada " at the time of her said said seizure, and the value of her out lit oli and for said voyajje, also of the number and value of the seal-skins taken from the "Ada" when seized, and also of the expenses of the master and mate of the "Ada" in leturninj^ from Victoria to Sitka. 8. The \alue placed on the " Ada " by her said owner at li'.ne i}f seiziu'e, namely, 7,0(10 dollars, is a fair and reasonable value for the "Ada'" when seized. She is a substantially built craft in every resjiect, and is one of the best sailing-vessels enuaued in tiie sealing trade. The value of the " Ada's " ontlit given in said E.xhibit, namely, 2,500 dollars, is less th .n that of anv of the other seized ves^-i Is from .the fact that the "Ada's" hunters were mostly Inilians, whose canoes and ontlits were returned alter such seizure, and said outfit not ineludiiifj wages. 0. The price charged fur the seal-skins taken from tlu- " .\(la" wlien seized is the current market price of seid-skins at X'ieforia at the close of the sealing;' season of 1887. 10. 'Iliat the lv\liil)it (t'), hereto annexed, shows the legal and personal expenses incurred by the ounerol ilic "Ada" by rc'ason of the .-.eizuie and detention of the said schooner " .\(la," and the arrest and detention of the master and uKste, and the claims arising therefrom. 1 i . That K.vliibit (D), hereto annexed, is a statement ot the estimated loss and damage to the owner of said schooner " Ada" by reason of !ier -jaid seizure and detention during 1887, and the loss for 1888 if she is detained beyond the 1st February, 1888. 12. The claim of 1,000 seal-.'-kins as the ])robable additional caleh of the "Ada" tor (he bal.mcu of the sealing season, had she not been seized, is a fair anil reasonable estimate, and with her actual eateh, m.ikinu a total for the season of 2,87'), which, us she carried two hciat-, seven canoes, and twenty hunter,--. (■amio( be considered an excessive estimate. 1.3, Uurini; the months of October, November, IJeeeinber, and .January followin;.; the close of the sealing sisison, or the greater part thereof, had tlu "Ada" been in her owner's possession, she would have been engaged in the general eoa»ting and freightiii!,' trade on and about the coastB of I5ri(ish Columbia, and the (air and reasonable carninus of the " Ada '' dniiiiir said months, after deducting from the gioss amount thereof the cost of wages and lunliing expenses, would be at k-ast ")00 dollars per numtli. 11. In ea.^e the " Ada ' he not delivered luto her owner's |)ossissioii at \ leiona on or belore the 1st day of February, .\.li. 1888, it will be impossible to L:i\e her lilt necessary repiiirs and letitliiig in time to start out al the usual date, about tlu- 1st Mareli, on a full .season's hunting and lishing. As during the .-.uininer months there is littlt coasting and (rcigiiling trade in which the " .\da" could be emplo\cd, her owner would, in the event of her not hiiii'.; ready in time for a regular liunling and lishing voyafie, practically lose the i^reater part ol (ho season, and the earnings of tin- " Ada " for such lull season, alter dcdui tin:: Iherefroni the co.>t ol outlit, wages, and other running expeiisi:s, would h(- al least, under eircunistaiices, (!,()0() dollar.s. I .'■(. Tl,,'t her( t,) annexed, marked " ( K)," is a statement ol liie priiiei|)alsmns on whieli interest at 7 jier cent, is claimed, and the time from and to wbieli it is so claimed. .\t (he clo-e of the senlinu' season of 1887, when the eateh ol the •■Ada," in the ordii.Hiy course ol events, would have been realized on, the niiiiimuin rale o( inlerest on money fui commercial purposes -vas, hascontiimed to be, and now is, 7 percenl. per annum. And I. .lames Uouulas Wan en aloie»aid, make this solemn declaration, coiiBcieatioii.sly lo:5 two 8S7, IV ')! 4C HI the ' lliul ry ot H men w ' iiiui H ' was . iiiifl hfX bulieviiii' tlif siiiiic to lie tnif, iiiiil liv viitiic of t!u " Acf 'csiiectiii!' Exfra-iii'licial Oatlis." . . J (Signed) J. \). \VAH1U';N. Di-eliircd and affiniicd hcfort; nio ut the city of Ottawa, in tiic County ot Caricton and I'mvini'c; of Ontario, this !)tli day of !)fCTinI)er, A.n. 188", and cortitied under my official si'al. (Signed) U. O'VunaoM, Nntnnj Puhlic for Ontario. Exiiihit (A). Viihit; of llio sr'liODiK r " Ada " at llio time of her seizure by tin; United .States' Bte!iiiiBlii|i "lienr." the •JStli ;\nf.'iist, 1887 .. Value of " Ada's" Diitfit tit tlu' Hiiinu time Value i>f fieal-'-kiu'. on l.iKird ai, sei/,ure, vi/.., 1,M7(> sKin^, at •'» ilr.I. 50 e |ivi ratsu.:" auil rxjM-une- uf master nf " Atla " froui Sitka tii Vietoria Tulal. Kvhiliit (\) Dul. c. 7,fM)l) (ID ■J,5(I0 (Id Iii,:iIK (Ml Kill (III (bii^ned) (Signed) I). O'CoNNfiK, Xnfini! I'ulilic. l!l,'llH 00 .1. I). WARKKV Exhibit (C). I4i';;ai rxjirnscs at .'^ifkn iti cruincctiou with fnxul sciziiff . , Counsel aii'i other Ic^nl fccK iiriil expanses, rxfiuwivc cC iho iiliovo, in rcfcroiu' to llu; sci'/.tivf and (■luinis ariHiiitr thcrnfrum . , . , , , Pfr*on:ii i'X|R'Iis('s of the ovviic* in the saniir t'onrn'Otion (Signed) Total.. (Signed) I). O'CoN.Niiu, Niilan/ I'ulilir. Do), c. 100 00 7!iO 00 •JSO 00 1,1(10 00 J, D. U'ARIIKN. Kxiiiliil .'Di. Estimated (idditioiiiil cntoli of ("oiii-nkiiis tiv Bdinoner '■ Ada lind '■li" not hoen seized, Niz. : 1.000 skins, at ■'! dol. .'iO 1. Loss Til owner of '*.\dft'" by reason of her detention dunn-.; the nionihs of Oelobor, Nov-iuher, and IVnenilier A. I). IS87, and .lainiavy IS^K. darinir wliirii she n-ntild have been eii'.ra'jed in the ermslint* trade, namely, four months, at .100 dollars eaeh If owner not put in p ^session of " Ada " ou "r before the Ist Februnry, 1888. so thai sb" nia\ be lilted out for lini.liii^ und fe^hin^ vo\:i;;e of IMH8. reasomible and probable profit on seaf.in of 1888 (Signed) Total, Kxhihit (D) (Signed) f). O'COKN'OU. Nnliiry Puhlir. T)ol. e. l.-'iOO 00 •J, IK 111 no I. .000 no l.i.SOO 00 .1. D. WAlfREN. i (in which tncd. M ■ ordii.Mry inoiiey lot [1. L:iciilioii.sly Exiiiliit (R) ■— PuTNClVAt. Siitii~ oil which Interest itil p"r anni.ni i*. '■laimed, iVoin the Ut October. 1887. tu date otiuiymcnt .. .. lli.OlH 00 (Signed) (Signed) I). O'CoNNOU, Noiari/ I'ulilic. I12H| J. 1). WARRKN. V i 164 No. 05. Colonial Office to i\)rri(jn Office. — {Received February 3.) Sir, Dowiiinij iilrvpt, Fchrunry .'?, 18S8, AVrrH refprcncc to previous eorvespondeiit'o ru.siieetinj; tin: Bri'jsli si;iilin;;-vessols seized Id Jk'lirinfi's Se;', I am dircctid liy tliu .^^ccrctary oi' Stale (cr the Colonies to transmit to vou, to he laid before tlie .Marquis ol' Salisbury, a copy of a desputeli i'roni the Governor-General of Canada, reporting that orders have been i.-sued by the United States' Government for the return to their owners of the vessels "Onward, riiornton," and "Carolina," seized in 18SG. I am, &c, (Si!?ned) 1U)HERT G. W. III'.UIJKUT. Fnclosuve 1 in No. ft I. The MuKiuis of Lansduune to Sir II, Uollinul. Sir, GnvernmenI IJniise, Ollaun, Juiiiiar)/ 19, 18yH, IN reference to my former despatches upon the .subject of the seizure of Canadian sealintr-vessels durini; the years i88fi-87 bv United States' eruziers for lishini: in Ik-brine's Sea, 1 have the honour to report thiit my Minister of .Murine and l''isheiies has received from the Customs authorities at \'ietoria an intimation aihlressed by the United Stales' Marshal at Sitka to .Mr. Sprini,', tlie owner of the "Onward." one of the three vessels seized in \iHC), to the erieet that that vessel, as wed as the " 'l'h(M-nton " and "Carolina," with their tackle, apparel, and furmlure, as they now lie in the harbour of Ounalaska, arc to be restored to their owners. A copy of this intimation is inelosed herewith. 2. The information received by my .Minister is to the effect that the condition of these three vessels, owins to the leiifitli of time during which ihey have been lyini; on tiie shore, is now such as to render it ipiestionabh^ uhether they eouUl, under present circum- stances, be rejiaired and removed with ailvantage. The diftirulty of doing this would be increased, from the fact that the \essels have been released at a season of the ye.ir 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 Oimalaska to repair their vessels and bring them home. ;?. I also inclose herewith cojiy of an extract from an American newspaper (the name and date of publication are not given), from which it would appear that the District Judge has made an order for the sale of the arms and ammunition taken from the three schooners in question upon the supposed ground that, as the instructions sent by the United States' Government to .'>itka lor the; liberation of the vessels made no mention of the arms and ammunition on board nt tiiem, the Court concluded that these should be contiscated and .sold, ll would seem from the same extract (hat the remaining vessels held in .Alaska are not iiiclu-d Sloths' MnrsM. District iif Aliiskii. Inclosure 3 in No. 91. R.cl met from Amrricnn S'i'irspiiper (luimr inul rliitr iiiiknnvn). Alaska Nkws. — Jud^; ; Dawson lia.s made an order for the sale, at Juneau, of the arms and awimunitioii taken f'roni the Uritish schooners "Tiiornton," " Carolina," and "Onward." cajitiirt'd last year hy the " Corwin." Attorney- (Jeneral Garland sent instruc- tions to Sitka to have the three vessels liberated, but, aa he made no mention of tiie arms and ammunition, the Court concluded that they nnist l)e sold, and gave directions accordingly. Tlie Marshal has further been authorized to sell the schooner " \V. !'. Sayward " (UritJsh), and the " Alplia," " Kate," and " Anna," and " Sylvi.i Handy" (American), toget.'ier with their boats, tackle, and furniture. Hy stiiuilalinn entered into last Sejiteinher betweeu .Mr. iJelauey, acting; for the United States, and Mr. Drake, Q.C., repn sentinp; the Canadian (iovernment, the remaining Hiitish schooners cannot be sold until tlie e.\|)iration of three montiis iVoin the lltli January next, and then oidy by the District Attorney giving the owners ninety day.?' notice. Apiiluation granted :— In tiic eases of the schooners " Lily L.," W. I', Sayward,' " Annie,'' " Allic J. Alger," •' Alpha,'' "Kate and Anna," and ".Sylvia JIandy," an application nnide hy .Attorney \V. ClarK, eounsil lor the owners, lor leave to appeal to the Supreme Court of the Uniteil Slates, was granted. A motion ()resenled by the same attorney lor a stay of proceedings for three months in tiie cases of the " \V. 1*. Sayward," "Alpha," " Kate and .\nna," and "Sylvia Handy," was rchised by the Court, on the fjround that tlie owners iiad ani])le time in which to prepare lor theirappeais, and it was entirely their own fault if they had not done so. No. 92. Colonifil Oflirr In Fori'ii/ii O/firf. — (Rfrrirrd Fuhrudni 11.) (Kxtraet.) Dmrninij filrcrl, Frlirunri/ 13, ISSS. Wrril r(>ferenee to previous correspondence respecting the claims of Hi-itish subjects niiainst the (Government of the Cinted States nrisim; out of the seizure of or interference with ''crlaiit sealinu' vessels in the Relning's Sea, I am directed by Secretary Sir Henry llolliind to transnnt to voii. to he laid liefore Lord Salisbury, copies of two I'urtlier 'lespatehes lioin the (Jovernor-* icneral relalinu to luitiiei claims in the cases of the vessels "Thornton," " Carotin. i." and "Onward," and of the vessels "Dolphin," "\V. P. '■•.ivwarl." "Anna I5eek," " (iraee." and " Ada." Inelosuii' 1 in No. 92. The M„r nf Ijiniatloirnf tn Sir II. Ih'lhiinl. "»', dnrrrnmi'itt Douse, Ollinrii, .IniiiKirii 90, ]^H8. WITH v'feienee to my despatches of the •ii.l and i;">fd Decendier la.st, transnuttini; revised sl.ilenients of the claims dI the owners ol tiie "Thornton," "Carolina," and "()iiwar(l," seized in Mehring's Sea iluring the season of 1 -^Ht) by the United Slates' Kevi'iiue cult/.r 'Corwin," I have the honour to forwai-d herewiili, tor presentation to Ilie L'd iteporl of a Committee of the I'rivy ums of the masters and mates ot the iljiive-nientioned vessels. My .Minister ol .Marine and i'"isheries eon>.iiiers thai these revised claims are just United States" (loverninent, a copv of an a|inroved Council, subniiiting a revised statement of the clai \66 iciisoiiiihle, anil cxprossi's tlie liopi; Unit, prnmpi rcpiiratioii may lif luailo to those iicrsoiis f'oi- tlir siillunni.'s ;iii(l li) they liave siiistaineil I have, &c. (Signed) LANSDOWNK. Inc 2 in No. 92. Rejmrl nf a Commilloc nf llir llrmnunililf llu' I'riiij Cdiniril for CaiiiKht, apprnvcd In/ his E.icclli'iirii the Grireriior-Uriii'rd! Ill Cotiiiril, Jiiiiiiiiri/ I'J, ISsS. ON a Report dated "itli January, I'sHB, iVoui tin' Minister of Marine and Fislierie^ statini,^ witli rct'ercnee to llic Minute of Cnnneil ot tlie 3r(l .lanuiiry, li^sy, tiansniittiiii; clainis ol'tlie owners, masters, and mates of tlie sealin,i;-seliooners " 'I'liornton," " Carolina,'' and "Onward," wiiieh were sci/cd in tlic IV'liring's Sea in x\n.i^ast, 18)-iG, l)v tlie Uniteil Stalls' revenuc-entter "Corwiii," and the denputeh from tiie Secretary of Stale for tiic Colonies, dated 1-ltli Sopteinher, ISmT, returning these (or revision, us well as to the Minnies of Conneil of the '29tii Noveiniur and 'iOtli Diremher, l^ifST, tra.nsniittin;; the revistd claims ol the schooners '• Tlioniton '' and '■ Carolina" ami of the "Onward" respectively, so tiir as the owners are coiu'erned, that, the iiersonal claims li)r illei;al arrent anil impri?onnient of the masters and mutcN ot ihe ahove-mentioned vessels liavini,' hecii referred hack to the parties interested, they have consented to aeee|it a reduction of one- half the orifjiiial claim as suhmitted : They would therefore he as follows : — Solionncr "'i'lionitcm " — Hans (iiitlcrm-fn, iniistir Henry N(irni;iu, mate Sclionncr " Ciirnlina"— James ();;ilvie, maiti r Janu's Hlark, male Schooner '* Onward " — Daniel Munrne, master /oliii Marfjiitieli. niati' |)..l. c. '1,(I(IU 1)11 ■i,">llll 00 i!.'>00 00 ■J.'iOO 00 1,0(10 CO li.-MlO 00 The Minister, helievinj; these revised claims to he just and reasoi\ahle, recoinmends that Ihiv he forwarded for presenlation to the I'nited Slates' (Government, and expresses the hope thai protn]il rcpai'ation may he made to (hose persons lor (he suHi'riniis and losses they ha\e sustained. The Commidee advise that your I'jxeelleney he moved to Corwaril Ihe claims herein mentioned to the Kii;l\t Ilonourahle (he Secre'.ary of Sta(e fo-'' ' olonies, for transmission to the United States' Government. All which is resiH'clfullv suhmiKed for \onr Kxcclleuev's approval. (Si-ned) .Hn-\^ .). Mi:{i\<'A\ Clcih, I'lin, (Miincil. Inelosure .'} in No. 92. ' n The Mnrijiiis of [.(nisdon-nv to Sir IJ. fjolliiiul. Gmcrniiicnl House. Olliniii, .limiKinj IS, 1888. Will I reference to my despateh of the ")tli instant, (ransiiiittini; detailed statements of the claims nf the owners am! agents of the Canadian sealing-vcs.sels seized in nehriiii,''s Sea during the past season, I hive the honrnir to forward herewith ei copy of an a[iprove(l l{e])ort o( the Committee of the Privv ("ouncil, sul)mitling the [lersonr.l cl;iinis of the niaster.s and males nf the " Dolphin," " W. P. Sayward,'" " Anna 15eek," " Craee," and "Ada." My Minister of .Marine and Fisheries is of opinion (ha( tlie claims suhmitled are jiisl and leasonahle, and recommends that Ihcy he presented lo the I'nited Slates' (invi'rnment with the hope thai prompt reparation may he made to these ])ersons for the sulferings anil losses Ihcy have sustained. I have, &.C. (Signed) LANSDOWNE. I(i7 Inclosuve I in No. 92. /t'rjiiii I III II ('iiiiiniilli'r nj Ihr I Idiiiiii riil'li' llir I'rin/ (Jiiiiiiiil, iijijirovi'il hi/ lii.-< Eni'Ucnni I III- (liirrninr-(JriiiTiil ill ('nuiiril, Jiiiniiin/ \'J, |H8h. ON !i U.ju.rl. (lilted the 'I'MU l)c(vml)cr, 1SR7, from llie Miiiistor of .Marine and l"i-liiii(s, siiliiiiitliiiu, ill c'Diiiu'ctidii witli till' sdiziircs ol ('iiiiudian MaiinK-i-c-.si'is in l!i.'liiiiij,''s Sea limiiiu: liii' seasons ol' ISHC. ami lsS7, tlic |.ciNC)Mal pjaims iiC tliu liillowiiiji Mm>t('i> and mates ol'tln' sci/.ec! vessels:-- .SflnKHH r ' I'oljiiiiri ' — Wiincn, nipliiiii . . . . . . . . . . , , .luhn Ufilly. lualr. . Sdinoiiii' •• \V. 1'. .'^iiywiiici " — (ii-i). U. I''crcy, ciiptairi ,. .. .\. I). I aiii'^', iii;ili' . . . . ., ., . . Sclii'iiiicr " Aiiiiii lieck" — l/Oiiis Olvi'ii, caiitiiiii .Micluicl Krefr, luau,' .ScliMciiicT ",iv.\r, (i(» l.dlKI (10 J.Ollll (Ml 1,(1111) 00 •j.ono 00 1,(1(10 ou l',(l()U 0(1 li.dOd (10 Ihrlaratioii. City of Ottawa, I'roviiiec ol' Oiit.irio, Dominion of Canada. I, .lames Donniii^ Warren, nt'the eitv of Victoria, in the Province of Ihitish Cohimhia (li the Dominion ol ('anada, master mariner and ship-owner, do solemnly and sineerelv declare as follows : — 1. That I was master of tlu' British steam-schooner "Dolphin," of Victoria al'oic- said, on the li'tli day of .Inly, a.d. ImS", the said schoon(;r on that day lieim; in that pait (if the North I'acilic Ocean calhil Belirinji's S(>a, lawfully cnj^ai^ed in seal-lishin;^. 2. That on the said 12th d.iy of July, a.d. I8n7, the said steam-sehooner " Dolphin " was SI i^.ed hy the United States' steam-ship '• Hiehard Ki"-h," and I was made a ])ri-oiier and taken on hoard of the said steani-ship " Richard Hush " with the ship's jiapers o( the said " l)ol()hin." ;i. 'i'hat shortly alterwaiil^ on the same dav I was sent hack en hoard the " Dolphin," which, in connnaiul of an olKccf from the said " liicliard Kiish,' was taken to Omial.isku land, in the United States' territory ol .\la>ka, li'oni which place a lew days alter I was sent — with the said steam-schooner " Dolphin,' m conimand of an otHcer from the said Kichard Rush" — to Sitka, in the smd Ici ritory of .\laska. On arrival at Sitka I was hiiiided over to the United States' .Marshal ot the territory ot Alaska, in whose custody I riiiiained from the 1st day ol August, A,i>. 1SS7, until the Mth day ot .Vugnst instant, when I was taken hefore the United States' District Court at Sitka, I'ormally chaij;ed with having' violated the laws of the United States relatini; to seal tishing in the watcis of .Alaska, and upon my own reco-ni/.ance of 5()(i dollars released to appear lor trial on said charge on the 2:.'nd day of August then instant, and to ap[a'ar iVoio day to day thereatter iiiltil I should he so tried. I did ^n ajipear oi: the days so (irdered until the 9tli day of Scptemher followintr, when, without so hcini;- tried on >aid eharue, or ar.y other charge or (iHciice wliati vcr, I was unconditionally released hy (Wiler of the .Iu(li;e of said Court, and lijr the said illeu'al airesi and impri>(jmneiit I claimed as damages the sum of 2,000 dollars. ■1. 'I'hat at the same time I was arrested, as aforesaid, one .John Keilly was mate (it the said steam-sehooner " Dolphin," and I am the duly authorized agent in this behalf III the said .lolm J{eilly, mate of the said " Dolphin." .'i. The said .lolin Reilly wa-; arrested, taken to Onnilaska, thence to Sitka; delivered 1G8 into the custody ol the United States' Marshal of Alaska, ariaifrned, allowed bail, and tinidly itici-^cd at the same place, time, and manner in whieh I was, as set mit in the diela- ration, and the said John Keilly, hy nie, his duly authorized a;^ent in this helialf, elaims 1,000 ilolhus as damages lor said illeiial arrest and detention. (i. That alter arrival ol' said steam-seliooner " Doliihin " at OnnalaHka aforesaid, after iier seizure, I af^reed with the (.'ommauder of the said " Kichard Itush " to navigate the said " Dolphin " from Onnalaska to Sitka, for whieh purpose 1 engaged the erewon hoard the " l)oii)iiin " alter seizure, afjreeing to pay them their ordinary wa^es therefor. I did so navigate the said "Dolphin"' Irom Ounalaska to Sitka with tlio said erew, hut I have never heen paid therefor, nor have the said erew lieen paid the wages promised and agreed to he paid them therefor. The --aid trip from Ounalaska to Sitka took about lilleen days, and the amount due me for said services for myselt and erew amount to ItiO dollars, whieh said sum 1 hereby eliuni as justly due me for such serviees. 7. That at the time I agreed with the said Cominander of the " Kiehard Rush " to navigate the said " Dol])liin " from Ounalaska to Sitka I also agreed to furnish ollieers and crews to navigate the serew-sehooners " Graee " and "AmiaHeck" from Ounalaska to Sitka. I did so provide for their navigation from and to said places, and agreed to pay their said ollieers atui erew ordinary wages for their services in so doing. The " (iraec " and "Anna Beck'' were so taken from Ounalaska to Sitka; the voyage took about fifteen days, and the amount due to master and mates and crew therefore lOO dollars for each of the said vessels " Graee " and " Anna J5eck," and I claim therefore ICJO dollars for said services. 1 also claim 1C5 dollars for similar services in navigating the schooner " W. 1'. Sayward," by her master and erirw, from Ounalaska to Sitka. The said schooner " W. P. Sayward " aiid .steam-sehooncrs " (Jraec," " Doliibin," and " Anna Heck " arc still at Sitka, and are about one-half the distance from Victoria they were when at Ounalaska, and can be got at any time of the year, while, had they remained at Ounalaska, they could only have been reached during the summer months, and then at a cost two or three times as great as now. 8. That I am the duly authorized agent, of the owner of ami manager of the said sciiooner " \V. P. Savward " and of the said steam-schooners "Graee," " Dcdphiu," and " Anna Beck." And 1 make this soUnm declaration, conscientiously believing the same to be true, and by virtue of the Act respecting extra-judicial oaths. (Signed) .1. D. WARREN. Declared and allirmed before me at the city of Ottawa, in the County oi" Carleton Province of Ontario, this 9th day of Decernbe'r a.o. lfiS7, and certified under my olfi' seal. iSigncd) D. O'Con.nor, Notary Puhlic/ur Ontario. :ial Exhibit (A.) Uol. c. .lames I), Warii-n's clHitii tor illejjiil arrest .. .. .. ., 2,0'I0 "O .liihii licilly's claim fur illc,t;iil arrest .. .. .. .. .. 1,000 00 James it. Warren's elaiin lor iiavi>;atiiig stearii-seliijoiicr " Duliiliin'' f'rim Oiiiia- laskii to Sitka .. ., .. .. .. ,. .. 100 00 .lame-i 1). Wan n's (•laini for iiavi;,'alir]n sliaiu-sclinoners " (iracc " auA " .Vmia lieek" .. .. .. .. .. .. .. .. .TiO 00 Jame- D. Warre '.> claim for navigating sleaiii-scliuoi.er '• W. I'. .Saywanl' .. l.OS 00 Total . . .. 3,6;i5 00 (Signed) J. D. WARRI-yN. (Signed) D. O'Co.NNOii, Notary I'ulilic. l)aiiiaai(l nL-iiooiicr '• \V. I'. Sayivaid " was sci/cd liy tliu U.,ili(i Slate-.' st('aiii-slii|i '" iJusli," itiiil 1 was luadf n prisoiiLi' and taUtii on lioard the said >lr,tin->lii|i '' Kiiiii " with till' |ia|)cis oi'tlii.' Slid suIiooiilt " W . 1'. Sayward." It. 'liii' ('a|itain ol (lit' >aid ^to i'M->lii|i '• lliisii " told iiif I \\a-> in iiis iliar^t,', and iiiiisi obey liii oiv'iiis; lie sent inr hack to llic -aid ncIioiiut " W. !'. ->ay\vard," tnailc licr la-t to the " lliisli," and towcd Inr to ()iiiiaia-ka, Iroiii wliich [Adru wc wltu distant al tiiiic of said sci/.iiiv alioiit HO miles. I. Wliiii I Hirivud lit Ouiialasku atbresaid 1 was '^ivcn into liic ciiaiu'e ot ii Di4)Uiy Uiiitid Slates' .Nhiivlial, and next day I, in th/ aid siliooiiiT " VV. 1'. .Sayward," in charge 111' a Deputy Marshal, was sMit on my way to Sitlon, tlie Jiidi^e of the l)i>tiict Court at Sitka, and plaeed under liond of 'ill:' (lolliir.s to appfar lieluie thr said Uislrict Court mi the :J'Jnd August, Ms?. I had to remain at SitUa from the said 'J.'irl .Inly, and on the 'i'Jnd Auj^usl, is><7, I appeared hefore the said District Court, and no nil from day to day until the lOtli Sejilember, when .(udge Dawson aforesaid discharged iiie, statiiif; he had received instructions from V\'asliini;toii to release all parties connected uilii the '^ei/ed sealers. Ii 1 claim as damages for nis' saiil illcual arrest and detention the sum ol' 2,000 .lollar.. 7. Ami 1 make this solemn declaration, emincientioiisly helievin;; the same to be true, and bv virtue ol llie "Oath:, Oidinanee. Ihlif)." (Signed) GKDIUJK R, FKKKY. Ueelaied bclijie me at \'ietoiia, tlii- -nd November, \-h," the said mate wfis taken lirst to Ounalaska Island, in (he Cnited States' Territory of Alaska, ami thence to Silka, in said 'I'erritory of Alaska, and there arrai'/iicd lor trial on the •J2iul August, 18^7, liiiiig admitted to bail in the meantime. 'I'he said Andrew I). Laing pleaded "1101 guilty" to the eliaigc prclcrrcd ai^aiiisl him, namcl} , thai of violating the laws of the United States iv.-iiecliiig seal li>biiig in the waters of Alaska, and appeared on the saiil 22ihI .August for tiial, and from day to day thereafter until the 9tli September following, when without having been tried ou .said charge, or for aiiv otfenee whatever, he was unconditionally rclea.^eil. I. .\iid the said .Andrew D. I.aiiif,', by me, ids duly authorized agent in this beliulf, cliiiiiis 1,000 .iollar.-, as damaues liir such illegal arrest. .\iid J.James DomjI.is Warren albresaid, make this solemn dL.'elaiation,i'imseientiously litlieving the same to be true, ami bv virtue of the •■ .\el. respeeting e.\tra-iu(liei^7, tin- said "Anna llak," '.vhile in Ikdniny's Sen in no'.th hilitndc .VI '>S' and west loni;'itiide l()7^ :Jf)', and lawfully eniragcd in seal fisliinj:, was seized hy ihi L'nited States' .steani-ship " lliehard Hnsii," and the said Louis Olscn, as mnstcp thereoC, nindc luisonir liv an otiiccr ol and from said steain>shi|) "Richard Rush." 3. An armed itcw from the said " Itiehard Kush "' took chaii^e of the said " Ann:i Beck," and took her and her crew to Ounalaska. in the 'IVnitory of Alaska. 'I'he said Louis OIs( !i wa,> kept in cns'ody at Oniialaska until the ")tli day of said July, when he was sent as n |iiisonrr to Sitka, in the said 'I'errilory ol Alaska, on hoard the .\meriean schooner "Challentce," in charge ol an ollieer from tlie said " Riehard Rush." 4. After his arrival at Sitka tiie said master of the "Anna IJeek " was arraiiriied before a .ludce of the Distriit Conrt on a charLre ol havinir violated the laws of the I'niti'd Slates res|ieetinj^ seal tishiuij; in the waters ot Alaska. lle|)leade(l "not i;uilty"to said ciiarLie, and was ordered to appear for trial on the 'J'.'ini (lay of Anijust (hen instant, and therea'ter Irom day to day until so tried, in the meantiinu i)ein<; allowed out on hail on his own recognizance tor 50(1 dollars. lie so appeared fur trial on the said 'JL'i'd day ol' August and day hy day thereafter, until the Otli day til Septemher follo\vin;_', when, without lit in^' so tried on said cliiirfic or any other ehaiiie whatever, he was nncoiiditionally released, and the said Loui> Olseii, hy me, his atjeiit in his hehall'. claims "J, (100 dollars as ilatiuiijes tor .'.uch illegal arrest and detiutiou. And I, James Uoui;las Warren afore^aid. make this solemn declaration, conscientiously believing the same to he true, and hv virtue of the " Act respcetini,' I'xtra-judicial oaths." (Signed) J. i). WARRIiN. Declared and allirmcd liefore me, at the city of Ottawa, in the county of Curleton, tliiis 9tli day of December, a.D. 1PH7, and ceitilicd under my ollieial seal. (Signed) J. .\l. Baldlkson, Notari/ J'uhliv for Oittaiio. Sir, l-i'ii'jIi'H »S7)T(<, Viflnrid, B.C., Nornitlirr ,30, 1887. We have the lionour to lorward herewith the claim of Mr. Michael Keefe au'ainst llit American (iovernment for damages for illegal arrest and detention hy tlu \iiierie;in sleaiii- ship " Rush" while tie was acting as mate of the steam-vessel "Anna Ueek." We have, &c. (Signed) DAVIE and I'OOLliV, lianislcrs, .V. The lion, the .Minister of .Marine and Fisheries, Ottawa. Damaijrn cluiiu-'f! Inj Mlr/iwl Kei'ir, Mnlf tif the Slvnm-rrssrl " Ann it liirlt," for Hhv"! arri'st mid ilflfiili'in In/ tin- Ciilli-il Slii'h'.i' Siriiiii-sliiii '' lliifili," unit iit Silkii, In-n Jiilij '-'0 tn Sriilniil/ir I'o, LSS". British Cidumhia, to wit. 1, Michael Keele, of \'ie(oria, in the pioviiuc oi Hrili>li Colnmliii is(cr mariiior, and chief mate of the steam-vessel "Anna licck,'' soleinnlv and sincerely declare as follows :— I. 'J hat I was on the 'Jiid day of July l>S7 chief mate of the steain-vesscl "Anil.i Beck;" at that date the said sleaiii-vessci was in the nehring's Sea ciifjaticd in seal-lisliiiii:. 'J. That on the said Jiii] day of .Inly the -aid steam-vessel " Anna Rtck " was sri/d by the ( nilid Sl.ctes' steam-s|n|) " Rush," ami I was mailc a prisoner and taken on Imi;iiiI the said steam slii|i •• Anna Hick,'' in ehar^i' of an armed cri'w Irom the said stea!ii-siii|' "Ru8h," to Ounalaska, where we airived on the .'hd day of July 1887. .'(. At the time ofthe said seizure the said steam-vessel "Anna Beck " was 7.'1 iiiili" from the nearest land. 4. When w<' arri\rd at Ounalaska ue were kept in custody hy the said sleaiii-slii|' " Rush " until the .'dli day of .Inly, when I and the rest of the crew of the said steam-vesMi " Auim Beck" were transferred to the Ameriean schooner "Challenge," and were sent to 1T1 Sitka, Alnskn, in clmrgo of a (luarfprmnstoi- from the said stcain-sliip "Rusli," where wc anivi'd (III tiie '.'Otli diiy of .lidv I8S7. 'i. Oi) til!' 'J'Jiid (hxv of July I wa* taken hclore .ludu;(' Dawson, of tlic IJiiitccI Slatrs' Di-^tiict Court. Iiy the riiitcil States' M.ushai. and wa-i chaiu'cil uiti) takinj; seals illcijally in Alaskan waleis, I jileadcd "not ;;uilly" to the chariie, and ! was releasiid on my own bond 1)1 •">()() dollnis t) appear uhcn failed u])i)ii aftir the arrival of the " llusii," which was cxpeeted to arrive in Aujinst. (i. On the '^Tth day of July I appeared liet'ore the said Judi^e Dawson and tojil him I liad no 'iieuiis of supportirif; myself, and he tiien handed me over to the custody of the United Stales' AF.irshal, iu wlmse eustody I remained until tin- lOlh day of Septemher, l^>>7, when the said Judije Dausou sent t'nr me to eourt, when he released mic, Mtalin;; he liad received a tcleiiiam fiom Washinttton instruetinj; him to release all parties (■onnected willi the sci/ed vessels. 7. I elaim as damau'es for my said illeij.d arrest and detention the sum of' I ,i)U() dollars. >s. And I mak(! this solemn deidaiatioii, eonseienlioiislv l)elie\inLr the saux; to Ik true, 1 hv virtue ol the "(t.ths Ordinau e, l.'r^'l'.t." (Signed) MICH A F.I. Kb'EFE. Declared hefore mo at \icloria, Urili-h Columhia, this I'itli (hiy of' N'ovemliL'r, 1S87, in pinsuanee of the " Oaths Ordiiianee, l^^ii!!." (Sij,'ncd) CllA^. K. I'ooi.kv. .Snlnri/ I'lihlir, f Carleton, this 1(1] lislcis, Si''. ck " WHS ?•■! mik- Ddiiiinirs rliiiiiiril h]l WiU'uim Pctil, .\f(isli'r of the Sli-nm-ri'^scl " (Iriiri'," for illnjiil arrest iiixd itrlnilinii nii limiril tli>' I'nili'd tSlale.s^ Sli-nin-sliip " Kii.sli," and iit Slllci, from .luJij 17 to Seplemlin- 10, 18S7. British Cohinihia, to wit. I, William IVtit, of N'ictovia, in the I'rovince of Hritish Coliimhin, master mariner, and master of the steu'ii-vessel " (irace," solemnly and sinci rely decl;\re as ft)llows : — I. That I was the master of the sleam-vessel "tiraer" mi the I7lh dav of July, Is^? ; the siiid vessel WHS at that dale in the l?i liriiit;'s .Sea, enyut'ed iu seal-tishiiig. 'J. That oil the said 17lh day of .July the said sleam-vessel "(irace" was seized hy the I'uited States' steam-ship " Kush,'' and I w.as made a prisoner anil taken on hoard the said steam-ship " Husli" with the jiapers of the said steam, vessel " Grace." ■1. That I was again sent hack to my said steam-vessel " ( irace," and an officer and two men from the said steam-shi|) "lliish" were phued in eliari^e of her ; and the said steam-vessel " C'irace" v as taken in tow hy the said steam-ship " Kush.'' and hrouu'ht into (^tmalaska, which |)l;:ce at the time of seizure was ((."i miles distant. •1. I'rom Ounalaska aforesaid 1 was taken down to Sitka in my said sleain-vessel "(Irace," in (diarire of a Deputy I'nited States' .Marshal ; and when 1 arrived at Sitka, on the 1st day of .Anuust, 1HH7. 1 was handed over to the eiistodv of the rnitcd States' Marshal. '.}. That I remained in the custody of the said I'nited States' Marshal at Sitka until tlie 17th day of .August, wlu'ii I was arniigned !)• fore Ihi' District Court, and was remanded on my own liiil of .'")("• dollars until the "21 st day ol .August; and I appeared lielore the said Court on the said 'Jlst day of August, and thence on from day to day until the Idlh dav of Septemher, 1^ion-, and iiolliiii;; was done towards enahliiii; me to return to my liome until the L'.'jth Si|itcmlier, lfS7, when I was seiit ( n hoard the Ue.ited States' revenue-cutter " Hush," and taken to N'ietoria, wheie I arrived on the Itli dav of Octoher, 18^7. (J. l-'or niv dainaues, hv rea~on of m\' iiletfal arii'st and detention as aforesaid. ! claim the Sinn of 2,000 dollars. And 1 make this .solemn deelar.ition, eonscientioiislv helieviiii; tlie smne to he (rue, anil iiy virtue of "The Oaths Ordinance, iHli;)." iSiv'iiedl {'. A. lANDIiKRG. declared at X'ietoria, liiiti>h Colutiihia. this 'i|li duy ol November, a. I). 18^7, before me, (Siuned) Tiioiinton I'hli., Xolnri/ Piihllc, \ iilnrifi, lirilisli ('(iliimhi'i. No. !i;5. Mr. Plieljis III the Miiniiiis- of Snlisliuri/. -{liereireil Ftlinniiii \^.) Rfy Fjord, l.ei/iiliiiii III the [Jniloil Slitirs, Lniiilun, l-'i'lininnj 17, 188*. I IIA\'I' till- honour to iiielose ii prmted cop\ of an impoilaut note relative to the Alaska seal lislu ries whiih 1 have just received trom my Oosernment. Il has reference to the proposal lor some inlernalional KeLiidalions at tho'c tisheries which I had the honour to suhinit in u'ciiri;.! leiiiis to your l,ord--hip in a personal interview on the 17th Noveliiher last, and which I then pidiniscl to ask inv ( ioveiniiicht (o stuic niorc preci>^ely. As the matter is one that, as ii appear- lo the I'Miled .Slates' (iovi rniiieiit, should In- dealt with iimnedialely, ami in which I piesuine both (iovernmeiit'* will readily concur. I shall be ^lad of the honour of an interview with your Lordship at as eail\ a day next week us may b(! convenient and ii'.'ii e.iMe to you, when tie- proposed reshielion^ and llie metluid ol eairvinu Iheiii into elf'ect can be considered. 1 have, >Vc. (Signed) i;. .1. I'llliM'S. Inclnsure I in No. !i:V Mr. ISiiijiinl III .Ur. I'luljis. Kir, Depaitmenl of Stale, Wasliiiii/loii, I'ehniiin/ 7, 1H8S. 1 iIA\'l', received voiir despatch ot the TJlh Novcmher last, conlaiiiiun an nceountof your interview with F.ord Sidishuiy of the preti diii!,' day, in which his Lordship expressed acquiesccucfc in my proposal o( an agree ineiit heiweeii the United States and (neat lirituin iind ^iIK■c■lTlv 173 in rcL'ard to tlip adoption of concurrent refjulations for tiic preservation of fur seals in li.lirin;;'s Sea frotii exterriiiiuitioii by dt'stniction at improper seasons and by iinproj)er iiR'tliorJs by tlic citi/cns oCoitlier country. in response to bis l,ordslii|)'s sii^'^estion tbat tbis (iovernnient submit a :->kctch of a system of reu'iibitions for tbc purpose indicated, it may be expedient, before inaiiips and of tbc cmiirra- tion of the seals Irom the isianils in the autumn tbc females are occupied in sueklintf tlieir } from those that ari' not so. When the animals are killed in the water with firearms many sink at once and arc never recovered, and some anthoiities state that not more than one out of three ol those so slaugbtcicd is ever secured. Tbis may, iiow» ever, be an over-estimate of the number lost. It is thus iippaicnt tiiat to |)erii:it the destiuetion of the seals ny tiic use of firearms, s,or other misehievous means in l{ebrini;'s Sea would result in the specdv extermination . the race. Tlicie appears to be no diflcreiice of opii,ion on tiiis subject amoii^ experts. .And tbc fact is so clearly and torclblv stated in the lleport of the Inspector of I'^sberies fur I'ritish C'ol'imbiii of the '"ilst of Deiember, I ss(), ilml I will (|U(ite tbercfmui the lollnvvini: pertinent passiiLjc: — "'I'licic were billed tbis year, so far, fioni -Kt.dOll to "id.OOl) fur seals which have been taken tiy schooners Irom San l''raneisco and Victoria. The greater number were killed in llcluing's Sea, and were nearly all cows or lenialc seals, '{"his enormous ciitcli, with the iiicKase which will take place when the vessels fitting u|) evi'ry year are readv, will, 1 am iiliaid, soon deplete our fur seal fishery, aiul it is a great pity that such a valuable industry Cdidd not ill some way be pioteclcd." 'Kepoit ol Tho.nas Mowat, Inspcelor ol Kisluiics lor liriii~b Columliia; Sessional Papers, Vol, I,-.. No. Mi. p. 'JiiJ< : Ottawa, IH"^".] Tic oidy way of obviating the biineiilable lesull above preilictcd appears to be by thel'nitid States, CJreat Ibilain, and other intercsttd I'owcis takiiii: eoneerted action to pre\eiit their citi/dis or subjects Irom killing fur s, iils with firearms, or other destructive we.ipons, north of ;']0^ of north latitude, and belwicii llid" of longitude west and 170" of liiiigitude east (rom (Ireenwieh, during the period intervening between l.'jtii Ajiril and 1st November. To prevent the killing within a marine bell of forty or filty miles from the Islands during that period would he ineffectual as n preservative measure. This would clearly be so during the apiiroaeli of the seals to the Islands. And after their arrival there such a limil ol protection would also be iiisiilliciciit ; ^iiiee the rapid progress of the seals lliiouyh the water eniibles them to go great distances fiom the islands in so short a time Hal it has lueii calculated that an ordiiiar\ seal could go to the Aleutian Islands and back, ill all a liislance of .'('id or '}(•(> miles, in less than a day. On the I'ribylutl Isluiids themselves, where the killing is at present under the direction net of till 174 of the Alnskn Commercial Company, which by the terms of its eontiact i« not pcniiitlcd to take oviT 100,000 skins n year, no feniaifs, pups, or old luills arc ever killed, and llms the breeding of the animals is ;iot interfered with. The old hulls are the first to rcneli the islands, where they await the coming of the fen'.ilcs. As the yoiiiij; hulls arrive they ire driven away by the old bulls to the sandy piirl ol the islands, hy themselves. .And these ore the animals that are ehriug's Sen, where extermination of this \'aluublc animal would also rapidly ensue. It is manilcstly for flic interests of all nations that so deplorable a thing should not be allowed to occur. As lias already been stated, on the Priliylotl' Inlands this (Jovernmenf strictly limits the number of seals that may be killed imder its own lease to an .\ineriii5 Indian hunters and 100 whites; and in the Cape Horn fishery not in re than 400 persons, of whom perhaps .UIO arc Chileans, (ireat Britain, therefore, in co- operating with tlie L'nited States to prevent the destruclion of fur seals in Hehriny's Sen, would also be perpetuating an extensive and valuable industry in which Inr cuvn citi/.i ns have the most lucrative share. I inclose for your information copy of a Memorandum on the lur seal fi^berics of the world prepared by .Mr. A. I loward Clark, in response to a re(|U(".t made hv this Department to the United Slates' Fish Commissioner. I inclose also, lor your I'mtber inlornnition, co()y of a letter to me dated the 3rd December last, from .Mr. Henry W. l'",lliott, who has spent much time in Alaska, engaged in the study of seal life, uj)on which he is well known as an aulhority. I desire to call your special attention to what is said bv .Mr. Klliott in respdt to the new method of catching the seals with nets. As the sidiject of this despatch is one of great importance and of iuunediale urgency, I will ask that you give it as early attention as possible. I am. Jtc. (.Signed) T. r. BAYARD Inclosure 2 in No. 93. 7^*>M>«' of the Fur Senl Fisherifs of the World in 18S7, hij A. llounrd Clark. IN the '• Encyclopa'dia Hritannica," ninth edition, the fur seal tishcrics are credited with an annual yield of 18r),000 skirs, of which 100,000 arc said to bo obtained from the Pribylofl' Inlands, 30,0 .0 from the Coinmander Islands, 15,000 from the Straits of .Juan de Fuca and vicinity, 12,000 from the Lobos Islands, 1.0,000 from Patagonia und outlying islnnils, 500 from the Falkland Islands, 10,000 from the Cape ol Good Hope and places tiiercal)oui and 2,500 from islands belonging to Japan. The above statiBtics were conmiunicated by me to the author of the article " Seal 175 Fisheries" in the " Kncyclopa'dia," and Imd liccn carefully vrrified h\ the latest ortieial .•(■cords ill d hy a personnl interview with Messrs. C. M. I,ampsnii and Co., of London, one nf tlie |irinei|ml fur houses of the wcrld, anil hy whom most ol the annual |iroducti<>n of I'lU' seal-.>-kir.s are pluct'd upon tlic market. A revii'w of tiie sulijiet at this tiiiie (.(aiiuary li^f^S) neiepsitntes hut a sliiiht change in the iiiiiiuul prodiitioii and in Ihc appdiliontncnt to tiie Kevoia! fisheries. Some of the fisheries liave increased, while otiicrs have diereiised. Takinir the avrra;;e annual yield from 18s() to date, i iind tjiat the total |iri)duetion is now llnir I-l.'i]i(U, llihrlri:;'" Sea ., .. .. .. ., < otriiiiiiiKli 1- I-IiuiiIh Ml.') U<>)il>fn lU-i-t' .. .. .. .* l«luM(l'< lll'l(lll^lll^ III .liipaii ,, ,, ,, ,, ., Ilrlti.ili ami .Viiiiiic.iii "riiliii;; llciln iiti luiilli.wrM riiiiM uf .Vliifrlc'ii (includ- iii'.; i-iili li iit Ciijii' Klittti TV am) Hrlirin^'i Si-a) .. .. ■• !.ii)iiin M.imis al liMiilh iif Itiii ill' la I'litJi ('.i|M' 111 (iiM)'l llnpr (im lulling iNlaiiiU in Soiitlii'iii Iiiilian Oicari Capr ilurii ii'^iuu ., ,, ,, ., ., ,, I'llkliiml Klanili ,. ,, ,, ., N fur iimlipr (if Sc . SkiiiM. (1 1,(^7 4,1100 (liale ur.;eii( y, Total .. .. .. .. .. .. I'.l2,4i7 The Statistics (or the Priliylolf' and Commander Islands ,irc compiled from Reports of llic Alaska Commercial Com|ianv, .Mr. Elliott's Ueports in \'ol. viii, 10th Census, and in Stctiim 5. I'nited .''tates' Fish Commission Report, aiul Trade Reports of annual sjdes in London (" Fur Trade lleviea," |)ul)|ishc(l monthly at No. Il, nond Street, .New York). 'I'lic nortli-west coast statistics are I'rom the animal Reports of the l)e|)artment of Fisheries III Canada, and from Mr. Swan's Rci)i>rl in Section T), vol. ii, of the quarto report of the I'liitcil States Fish Con\mis>ioii. Vov Japan, Lohos Islands, Cape of (!ood Hope, and I'iilkland Islands the statistics are from tlie "Annual .'statements of the Tradi- of the riilted Kiiiiidom with Foreiirii C'nuntries and Rritisli Possrssions as presenleil to Farlia- iiii'iit." Statistics (or Cape Horn region are from sealiiij; nierchants of St()nin;;ton a:id .New London, Connecticut. Tlie details of the (islieri(?s (or a series ol years are shown in the lollowiiiL' I'ahlc. (As to the iiuniiicr ol' |)ersons eni|iloyed, it is not ])ossil)le U) ;,'ive details in all eases. .At I'riliylod' Islands, in I8'S(I, there were .'(72 Aleuts an 1 18 whies. At Commander Islands there arc ahout 'Mi) persons. In the .Vorth-west coast (isliery 5L'•'^ Indian huntei-s and 100 whiles, and in the Cape Horn tishery ahout ■»(»> whites, of whom, perhaps, 300 are Chileans.) Nu.MiiLu o( Fur Sial Skins from l'riiici|)al Fisheries: lf^7l to lhy7. (Compiled from nfiii'iiil aourcia liy A. II. Clark. No retuiiLi for upaiTt l>liiiik.) ! o 1 B' o a i^. f> •^ — - — — isn li.'I.OIIII ;t,i;i 1 . IH--J . . II'.P.IIIIO ■.'!»,:il!i a X ,^ ■ iH7;i . , 1 y.i.d.io .•Ul.ltilli ■1 ' i 1- IUTI . . ; iiU.Hio .11,272 l.ll.S.'i 7.'.l,'il !i.:l'.i:l 1H7.-, . . 1 iirt.Sim .•Hi, 271 cji IHO 1=1- »■ 2,2 |.l S,(i2'l INTO IH77 H'.I.OIM) ..1 «5,(l()(l 2li,lH!U 21, .0:12 Its r, 5 ' I7;i l.aRi) i ■:'' 1 ll.lilS 22..0.III , ll.2'2.-. ll.mi.i 1H7S ii.i.odo ai,:uo a "^ 1 2,3U(I 11. '.1:11 1:|,IISI> ls7'.i . . ! iMM)G8 •e.'.7.v.' IS. •(Ill 4,ll:iH r- fi.'illil , 1.5,12H INSII . . ! '.I'.MI.Kl 1 ■JH,.'il)l I'.l.l.'lll 1 •■ 2,127 '.i,27.'i lli.'.illll 1 7.7:11 INSI H.i.OOO ■12.I110 = , (120 li.iilll " S«7 s,2sil IHS'.' 09,800 4r>,ooo 17, "(111* -<; .111 S.lillll ' .'(i7 11. m7 ISH.I 7 B.OOO ' 2.>,noi> 1I,'.MU ' H . \:i.:tr,o 1 7,(1211 Is^ i . , ' ;i'.i,.'iiM) :is,iiiHi i.-.,i;ii* liSl z "? 10,722 ' .1.'.I2 1 bs.-i ..I '.i'.i,i;i)i) 12,111111 i.i.miii* 5 2-? 11, '22:1 1 I.III7 ISM, '.IS, mill 15,111111 .IS.IMIV* :t.(i(i."i liH 1.'>,!M!1 1 :I,:178 ISS7 . . ' '.iii.sim •IS.IIIIO 2!l.2llt ' le article " Seal C'tttcli liuidud ul lliiUiili Culuiubiii tL'MuU. | Mu>tly Uikvii m Itchriiig'ii Svu. Sun Svliudulc (A). 176 Tlic second point upon wliich iiiroriiiation is i'('(|iR't' tin (ii'.>ti'uctioii I tliu fur seal, lesultini; titlier in itii exierniiiiation or tiiu (liininutioii ol its yield iu plaets where it f'oiiiierly aliounded,'' \e. At till- liej;iiiiiiru; ol' tlie pri'>ent cvnlni y there were jjreat roukciiis of liir ^eal at Falkland Islands, at the Sjiitli Slietlands, at .Ma>iieil liy >ealin^-\essels, and indiscriiiiinufe slauKlitei- ol'lhe animals le.sulled in tlie cxtennnialiim nt' the s|ieeies, or in such diminution in their nuinlxis thai the li>liery liecame uiipiolilabh . The details ol the Antarctic fishery iirc ;;iveii in Section "», vol. ii, of fhe (piaifo Report of the United States' Fish Commission, pp. 4()()-4»iT : in K .port by 11. \V. Klliott on "Seal Islands ol Alaska," (!, p|i. 117-rJl (reprinted in vol. viii, lOlli Census Kcports); in "AIoiiopra|)h of North Atnerieaii I'innipeds," hy .). .A. .MKmi (.Misc. I'ui)., .\ii, I'liiled Stales' Geolojjical Survey) ; in '" Fannintr's \'oyai,'is {{ouiid the World " (New York, l^.'t'i); in "Narrative of \'oyaf;es and Travels in Northern and .'>outheiii Hemisphi re.»," hy .\iiiana Delano (Boston, 1^17); and in numerous other works, tu which reflivnce will be I'ouikJ in the above volumes. A few men are still living who parficipated in the .Antarctic seal fisheries year." a_!j;o. Tlieir stories of the former abuiiilatice of fur seals I have obtained in personal inter\iews. As to the manner of destruction there is hut one thinf; to say : an indiscriminate slaughter of old and young, male atid fetnale, in a few years results in the bieakin^ up of the liirj^est rookeries, and, as in the case of Masafuera and the Falkland Islands, the injury seems to be a permanent one. As an instance, the South Slietlands were first visited in ISIiJ, when fur seals were very abundant ; two vessels in ii short time secmiiiy; full fares. in \>^2Q thirty vessels hastened to the islands, and in a few weeks obtained upwards of 2."iO,fl()() skitus, while thousands of seals were killed and lost. In l^'Jl-2U Wcddell* says: "320,nWt skins were taken The system of extermination was piaelised, lorvvhen- ever a seal reached the beach, of whatever denomination, lie was immediately killed and his skin taken ; and hy this means, at the end of the second yeiu', the animals became nearly extinct. The young, having lost llicir mothers when only three or four days old, of course died, which, at the lowest calculation, exceeded 10(),t)t)0." In subsecpuiit yeai>:, until 1845, these islands were oecasicnally visited by vessels iu se.ireh ol seal--kins, but never after 1 82'J were many animals found there. About 1><15 the Antaietic fur-seidini; was abandoned. In 1871 the industry was renewed, ami a few \('--els secured sonic valuable furs from the South Slietlands, but in a lew years voyages there became unprofitable. (See sec. 5, vol. ii. United State.-.' Fish t'oiiiinissioii Ki port, p|). )()l.'-l,')8.) The same story may be told of Masafuera, frum which island alx • •'^,."i()(»,()uO fur seal-skins were taken belwetn the years J7'J5 and 1^07. (See see. o, i,s above, ]i. 407.) Captain Morrcll states that in l!^()7 "the business was scarcely Wdih follo.viiig at Masafuera, and in 1824 the island, like its iieighhour Juan Fernandez, was .ilinost entirely abandoned by these animals." (.Morrell's Voyage: New A'ork, 1^32, p. 1,';'J.) Scarcely any seals have since been found at .Masafuera. Delaiu) stales that in 17'.i7 th'.re were two or three million fur seals on that island. I'jiliott, in his Kiport already 'jiled, j^ives accounts of earlier voyages to Masafuera, &e. 1 have consulted loL'-books and journals of several voyages, all agreeing in tlu^ former abundiinee, and the extermination of the fur seal on Masi.fuera as well as on other Antarctic or southern islands. At the Falkland Islands both fur seals and .sea-lions abounded, luit there, too, they were destroyed. The sealing business at South Georgia was most prosjierous in 1800. during which season sixteen American and iuiglish vessels took 1 12,000 fur seal-skins. Though not as important a rooki'ry as some of the other islands, considerable numbers ol fur seals have been taken from South Georgia. Since 1870 suiiie goo.i cargoes of elephant seal oil have been taken there. Fu seals were abundant at the Tristan d'.Acunha Islands at the begiiiniiig of the century, and because of the almost inaccessible caves and rocks to which they resort a few have J'.irvivtd — or, at least, as late as 1873 a few were annually taken there. On the west coast of Africa, from the Ca|)e of (Jooil Hope to the KJlh ilegrce of south latitude, there was until 1870 a coiisideraiilc number of fur seals of an inferior (|uality, but they are now practically exhausted, the lew skins marketed as coming from there being taken on various hauling grounds on islets fiirther south and east. (See see. .0, vol. ii, United States' Fish Commission Hcpoit, p. 41,").) The I'riuce 1-dward group, Cro/.el Islands, Kerguelcn Lund, an;! other smaller islands in the Southern Indian and Southern Pacific Oceans, were important seal fisheries both for * " Weddell't Voyages," p. 130, quuUd in .Section V, vol. ii, quarto Iteport ut United Ajtatea' Fiili Comniiiiiioo, p. 407. 177 ♦lie fur nnd cl('|ilini)t seol. At. none of llii-rn i>i niiy niimluT of souli found to-day. Tlio IliiU'lisli t'.v|il()riiii,' -lii|) " < 'li;illcnL' !o IsM.i m- |,ss,4 yielded some ictnrn to the hardy sealers ol Stoniiii,'ton .and .New l.ondon, ConneLtieut, lioin which p<-s2 ("("luise of the '.\l'll will he liiund (on p. 'Jl'.lj the nanus of the British ('(ihnnhiaii fleel. au'i,'rei:atinL; 20 vessels, iiianni d hv 7!) sailors and .')sil hunteis, .imi eateh is niveii at .'5^.1)17 skins, as eoinpaicd with l.'i vessels, taking l7,7lH) skins, in .Mr. their sy2. wan in Fill) ComniiuioD, The American vessels in this ticel in 18'<0 and their cuteh is ^mmh hy sec. .'), vol. ii, of the (puutn Uepnrt of the United States' Kish ('oiiiiiiissi.iu. It is not necessary that I refer to the condilioii of the rookeries on the PrihylotF Isl inds. There can he no question coneerniuL: the advisahility of re'.;nlaliiii,' the iiuniher ot animals to he kiiled. and the sideetion of such animals as will not inleilere wiili the bieediiiLT of the species. Tile hi-tory of the Isl, mils at the heLiiiminn' of' the century, wdieu there was an indiseriminale slaiiiihlei ol' lur seaN, and the pioleelion of the aniuals iu lf^(l>< and thereafter hy the itussian anil .\ineric.in (iuvernineuls, i~ fully told hy Vcniaminov and hv I'iUi tt, and need not be repeated here. ^Neniauiiuov's '" Zipieskie," [IL'8] ■ L' A 178 &c., St. rcter»l)iirnh, 1H42, vol. ii, p. .OfiH, (|iiotf(l liy II. W. Klliolt ii) " Sfiil Islands of Aliiskii," p|). I 10-1-4.', Vol. viii. 'IVntii ('(•ii-*ii> Kcport ) Tlic ('omiiiMiiilcr lsl:iM(K (I'u'liiiiii; .iiid ('ii|i)i('r Uliinds), in llrliiiiiij's .Sen, and Hoblicii llcof, IKMC .^^au'liidii'ii. in llic OklioNk .Si.i, ^nc leased by tlie Ala>lva ('(iiinneieial ('(nn|isiiy, and HIT prolecled by llie Kn->iai: (Joverniiiiiil in n ucli the >;nne manner thai tbi" IVibyloli Islands arc pi'itecled by llie I'nitril .'Kil)ie to ('-labli-b a stulion. tlie rock beni^' ollen wave-washed; but ll c Alaska (.'oinpany send men flieri' in ibe s-cuMin, to gntbcr Ironi l,.")Oi» to 4,11(1(1 skins each U'ur. The aitelit ol the Knssiaii (Jovernmeiit coid'ers »itb the Alaska Coinpany's au'ent (nicIi year to detertnine tiit- ntiinber ol' sknis licit shall he taken in the Cuniniandi r Islands. 'J'lie seals tid\en by tiie .lap:inese ,ire those niiL'iatin;.: IVoin the ("(iniinatider ( iiiiii|i, and are not secured in larue nuinhi'r<, the averaije benii; about I. (1(1(1, thmmh soni(! years as many as 1 l,(i(»0 are taken. Schedule (.\.'l — .Mkmoiia.vdi M of Seal-skin Sei/.nrcs, Vessels, &c., in Hehrinu's Sea, in Ivs7. No. Uis. Nam'-. N lit lull. iijiicr. Ciil'l.iiii. (loillT. S. l/.(l. ll.ll. . Srnl., 1 Sl.ntll W. p. .s«.«oril.. llriti>h .. M (•,.-,. II. T.rry .. J. D, Wirnn ., ItrTftitM-Atfnmt'i July ID 47; srtiixttifr "ilU'.h" 2 Ditto .. .\ till.' II.. 'k .. .ir, l.ouiH OUrn .. >i • . f* i» .. 1 .1.K J Ditto .. Or»... . . .. • . "fi Will. I'ltil .. • i • 1 it „ IH m 4 Ditto Dulpliiu *. .. ri'iiMin. Ill (iin-rriiini'iit ut' skins lli;il lIldlT (iriiii|>, li sdiiitr vi'ars ritm'rt Sen, Juljr III .. ■! v.r, „ IK 1 ;o ol' llic Iiii-mmI on iN liricijiii;; iind iMiililii: LToijiiil- ill Itcliriliu'^ Sr:i, I «ns Icil riiiliiiiillv inlu a vitv cMicriil cxiniiiiiMt'on ( (' llic Milijict nC iN |iri)|, ctinii null |ii'r|i((iiiilii)ii. Tlii* iiivi ^ti'.'iitiiin 'iiii-.cil iiu' to '_'iv(' iMicli sittt'lition tlu'li to tlic cltcct wliidi ]iilii'.'ic m'.iIIii'.' would li;ivc ti|Miii the \\''ll-lniiii: iiml tlic coiiM-rviitiiMi nl' llu'»c !iiiiiiii,ilini>, ami viiluiililc •iilii(-t-. ol' our (liiviTMii'tMit lis wf view tlicin ii|i(iii llic I'ril.violl Lri(iii|i Wlii'ii |in'|>iii'iii'.', ill IHMl, II tiiiiil iiriMiiu'i'iiii'iit of my (ii'lil iiotrs ;inil iiiiiiiiirnndn Uiy |iiilillciitii)ii ill iiiv A!oiio;rni|ili nl llic Siid IshimU ot Aliiskii (lotli (Viimis I'.S. A.),tlio luir l'iiili-«iir liiiird sii_'.;cstcd lliiit I omit llic ili«.Missi()ii oj tl.i< IJicliic pf |icl;i;ric sciilini?, I: ( :ui»c it iiiiiilit >ci'\c to invite ,111 .'iitiick wliicii othciwisc would ncvr lie inndc upor liii-i' |ir'."-cr\c-. cfiiur (lnvcrmiK'Ht, Tliis iill.ick. Iiowcvcr, lias lecciitlv liccii made, and the lliiiu;,'lit oe •urs to iiic now I In! a lil'ief e|iiliiliie of my >-tudy of the edrcl whii h Ilii-i |il:m of sealiiitr will liMX'c ii]ioii the inliixiilx' iind valiie of i.iir liii-heaiint; iiitere.'-lt. in lii liiiics .*»ca— that such a hiief. Ml uidiriitc, stii'cuii'iit wil! he of service to joii. I tiicrclore venture lo |iresent tiie liillowie'.' tn»nscri|it. It i^ now well iiiider>lo(id and iiiii|iiestioiied I . Thai the fiii'-si al ot Al:i>ka is ulili^eil to haul out anniiidlv u|i(iii llir I'rihyloU Islands '..r llie ]iiM'|ins'' that the iiiiivcr^'cnee and (liveri;\iice ol these watery paths ol' the fiir-scal in liehriny's ,'^ea to and I'liiin the Seal Islands iisemhlis the sprcail of the spokes nf a hall-whc, 1 — the Aleutian •li.iiii fi.rins the felloe, while the huh into which thisc spokes enter is tin- small I'lihyloff ::iiiup. Tiiu-- villi can see that as tiiesc watery patiis of the fur-seal converse in neliriiig's Sea ilirv, in so doin;,', lajiidly and solidly mass to'^ellier thousands and tens of thdiisands of widely sealtcri'd anitnals fas they travel) at points /lO and even lOtt miles di-tani Ironi til 11" kerics of the Seal Islands. Here is the Ineatinii and tiii' oppnrtunilv of the pelat;ic scaler. Here is his chance to lie at aiiel.or over the shallow iicd of Helii iiiu' •• Sea. 'i(l and 100 miles di-tanl liom the I'rdiyloil' frcDup, where he has the liust holdinii iriound known to sailors, and wlure he can riile al any weather safely swinjiiiir lo his cahle and in no daiiirer from ii lee shore if it sluiulil slip. The immediate vicinity, however, of the .Mentian passes i.s daiiiferous in Uic extreme to liiin. There he I'lieouiitcrs tcrrihle tide rips, swilt currents, iind furious liidcs formed tlirouLdi the I'litinnees, with the very worst ol rough, rocky, hiildini; ground. iiiit up here, anywhere from .'i to llin miles sniilh of the Seal Islam's, in iHliriusj's .*~ia, ill that watery road of the relmiiiiiir fur-seal millions, he has ii safe and fine luiat'on from which t'> shoot, to s|ie-ir. and to net these fur-hearing ainphihiaiis, and «\liei'. he can woik the mo-t complete ruin in a vciv short time. liis]iower for dcslriietion is still further auu'inentcd hy the tact that (hose seals which are inn-l lialile to iiici I his eye and aim are female fur-seals, which, heavy with yoiui',', arc here slowly ncarini; the land, reluctant ti.> haul out of the cool water until the d.iy and hour arrives that limits the period of their gestalion. The pelagic sealer employs three aueneies with which t:i ;ccuie his ipiarry, vi/. : lie >(ii(ls nut Indians with canoes and spears from his vi ssel ; he uses rifle and hall, ^luit-f,'inis and laiek-shot ; and last, hut most deadly and dcslriietivc of all, lie spreads the " '^ill-net " ill favourahle we. ilher. ■. [l-.i8] 2 A 2 ISO Willi i;ilUn(*tii, imdcr nin liy ii llri t (it M'iilcr-> in Hilirinu''- Sci, ihton') {'-.iw cniivciKiii',' [liiiliH of flic lur-M.il, iliyrtlicic Ikhii ■■> In lIMt iiiili s sdutlMilv Ihpim iIic SchI Isliiiul-, I aril cxtrt'iiicly iiKiilci.-.f in ••nviiiu: tliul micIi ;i lli'cl cimiIiI hw' vvoiilil iill(tlv rum tlic t'iii-s( m1 niokciic'* dl' till' I' iIhIoH IvNukIh in l('«-< tiiiu- tlinii ilni'c or luiir ^Imit si ii..i)ni. ll'tlii-f 111(11 wrw iiiiclicckcd (VciN (odi ol lliiit wiilciy iitca (if riir-''i ill tiuvrl in Hcluiim's Sim (iIhivc iiuMcutcti coulil niid would lio inivi-iM'd l.y iIu'm; dciidiv iu't». iind ii seal would sciirccly liiivc one cIhiiki; in ten tu sid'cly piix* siicli it cnrddii in iitt(iii|i(iii',' to i;() and I'ctnrn Iroin its liucdinu' liuunts. ()|Hii lliisc wiitrr- dl' Hi liiini;'!* Sea to iiii(h((Kcd |i('lin;i'- m Mliir.', linn a llicf ol' hundreds ot' \ cs^cN ■.tdinicis, sliips, sclidiiiii r>, ::>i(l wlial no! — '.mhi'iI iniiiH'dintcly vcrtuic iiitii llioiii, licnt ii|M>n tia' iiidl.iiii:iil< r ol' tlicst Ullil.ia!-. A lew MM«i)iis ill', 11 cl llic ukv (lii'st, iii|iinc, tin ii imlliinu' lilt "I iIhit wiiiidr: fill and vaiiialili' int('r(>t'< ol' IIk' |iiiiili(' uliicl' iin; now so liaiiii'<(i'!<('iv ciiiliii lied km iIic Seal IslaiuU. (inanii'd and (•(iiiscivid us llicy :i\v to-d.iy, llicy will |;i«l ini' :in iii'lrliniU' liiii- In conic, dlijccts of the liii:licsl (■(imiiicici il value ai'il :;dnd In llic wnild, and siiiijei'ls (or llic nid.st laseinatiii;^ liioloiiieal sliidy. It is also well to imte tin- liict tliat not nil eli;;ilile aeie of land is lian'cii nut lidiii setflenient or any oilier lit use liy our |ieo|ile, and not a Ica'^iie ol' wiiler is cIommI to any le^iliinati' trade or coiiiiiicrce in all Alaska liv tills iietioii ol' our I ■o\eriinRiit i;i tliuii proti'clinu llic liir-licaiint,' loi lcliiiii;,''s Sea, while tin; party oC pveservaiioii dcinaniU the siippri'ssion ol'iiiat sealinsels captured and condemiied were ludd. Suhse(pientlv, in .Inly \HA7, live other ('aiiadiaii sealers — the "tjr.iee,'' "Dolphin," "Alfred Adams," " W. P. Say ward," and "Anna IJeeii "— were .seized, also at a distance from land. For all these seizures, and the losses inllieled on the owners and crews, damages are claimed hy the IJritisli tJovermiienl. In eonsideriiig these elaiiiis, tlic ()uestion whether tlic United States eaii hold Ikdiring's Sea to he a closed sea turns up. Wc suppose that if it were not for a desire to preserve the valuahle lur seal iisheiics this question would not he raised, hecausc IJehriiig's Sea, geogruphically, is [)laiiily an integral part of the Pacitic Ocean. Russia, when she owned both shores of it, may in'.ve lit il.iiiMitl it lis a i-Iii«(il si-ii, jii^t IIS S|iiuii oiuc I'iitliiu'd llii- iM'lii^iM! ii;;lit tn iiavi^Mlo tlie uliiilc I'licitic OciMti. Milt in iimiiIciii tiiiicN >ii('li ('laiiii> liiivi- i.ccii ('iiiiMilcrti! |)i'('|i|iii>itiiiii III " till* Iii'ikIIiiiiiI " lliciiry, iiiiii to the a-scrtiiin liv utlicr I'liwcis dI' cxi'liisivi! iii^lit- to watrl's ni'icli iiinrc cloocly hiiiil-l ml tliaii tlii' it('liriiiL;'s StM. 'I'lic I'liili'd >t,it( s were tin' lifht to icsjst llic riiiitii^ nt llic iJailiaiy I'liwci's tti atlnliiilc liir I'litriinrr ilu Mcditiiiani an. Our (Kivciiiiiicnt rc-i-tril the |iayiiir;it (if tiic " Siiuiid diii's " to Diiiiiiaik aH " iiiciin.ii^ti nt witli jiwt piiiK JpliH ol' iiitrrnalinnal law," and a-siitcd " tlie Ircoldiii III till' llaltic .^(iiiiid," and " ill^i-^t^d un tlii' i'i;;lit. iil IVi'i' tian~il Mitn iii:d lii'iii tin..' Haiti.'." Liitcr, the I'nitfd States rvi'ii ril'ii rd to ackniiwk'ilu'i' tlic ri:.dit ol 'I'liikrv to excludu mil' vi'-'M'U rroiii the HIack Set, mid \\v have iilwiiys ril'iiied to ackninvk'iL'i' (iri'ut lliilain's claim tu niakc the (iidf ol' St. Ijawreiicc a climid water. We do not Mi|i|iose, llicrerore, that the Oovi'inineiit will deleiid tiie sei/nre iil the ('.i.idian >eali'i!4 on tiu; L'li'iind that it eiiii |iri'vi'iit loieiiin >lil|i-- Ironi enteiim; Hi liiiim's ^■v . or Irum lishiii,' or "' iliii'.' ill it lu'Viiiid .'t niiirs Iroiii tin >lioii'. That northcni i Meti-ioii >>, the I'.i itic ilccaii i<, it x'l IMS til lis, iiiidoiihteilly an o|ieii .sea, in v. Iiieli .dl iialinii^ tiiir> Ireely sail .iiid li-.li, ka'jiiiii; outside the .'l-niih' limit. Thr |iri'srrvi\lioii of the sr.d lisl' ies is, of ciiiirse, ol" r'st to the (io'.eriinient, wliicii di-iUVM a •■<'veiiiii' lioni tlnsc lish^Ties sullicii nl, ue hclieve, to pa' the iiiurest on tin' nist oC.\. -:. It hat ol'teii lieeii ini."(l that, it' any on.' may eaiitiire seals •;, the lit'hriiitc'.s Siji, the ..'. iiiitU uill soon heeonie extiiiet. So the Canailians i'e|iri'.seiit tliul if our mackerel lisiieiH arc idiowcd to ii-e the (lull ot' St. I.avsrenci', the mackeiel fi-hery there will he destioyeil Inr tin' ( 'aiiadiaiis, the .\iiieriiiin seines di'«tioyinj;, as they alle:;!', the youilju; I'.sli. \\ e have not notieeil that nun li attention lia^ lieen |iaid here to this iihit of the ('aniidi.i <. IVi'liaps, if our lishernieii will a'.^ri e imt to tisii in Canadian \vater>, tiie Canadians will a^'ree not to seal in Hilirinu's Sea.' .Meiinliine, there is a hill ol' dainaices on eaeli side; for tiie Canadiiiiis havu deult with i;rc'at seventy, nut to say hriitalily, with our fishermen in tiieir waters. No. 'J.'). The Mtirijuis of Sullxliunj fn !tale>' .Minister in London," inelosinir a copv of a despatch addressed to him liy Mr. llayard the "til instant, in which attention is called to the necessity for the adoption ol measures the protection of the fur-seals in ikdiiing's Sea. I am, &c. (.Signed) S.\I,IS1UJRY. on tli( I'oi No. 96. The Mnrijuls of Salixbunj to Sir L. West, (Kxtract.) I'nreitjn O/A'.v. Frhninrij 22, I.'^SS. ' 'I'lIK I'liited States' .Minister called to-day it the Koreiu'ii Otlice, and sjiokr to me iihiiut the (juestioii of the protection of the fur seals in Ikdiriirj's Sea. He said that the dillirulties in rei;ard to llie -cal lisheries in that sea were inainlv cmiiicctcd with the ipicstioii of the close liine, and that no atti lopt had been made hy the ;iiitliiirities of the United States to stop the lishini; there of any vessels at the time when it Was k'Ljilimatc. .Mr. ['helps then made a |iriiposal on the liases cmhodied in ,Mr. ISayard's despatch of the 7th I'Vbruarv, u copy of which accompanies niv [ircvious despatcli of this day's dute.t .Mr. Bayard there expresses the opinion that the only way of prcventin;; the ilcstniction oi llie seals would lie hy coneentratod action on the jiart of the United .States, ('itat Ikitair, .iiid other interested I'owers to prevent their citizens or suhjeets from killing; • No. 93. t See No. 93. ]S2 f'uv seals with Cin'-nniis or otiicr destnictivo \vea))ons nortli of 50° of north hititiiclf, and bftwc'iii l()0"()f loiigitiHlc wpst and 170" of lon:;itii(lc cast from (Irceinvich, durin;; the period intcrveninir tietwcen the I'dli Afiril and the 1st Novonihcr. I ex])r('s-;i'd to Mr. I'licips the entile readiness of ller Majesty's Government to join in iin Aufceiiieiit with Uiissin and llie United States toestahlish a close time for seaNfishing noith ofsonic latilnde to he fixed. No. 97. luiri'iijii O/fi'rr tn ('iilniiiill ()//irr. Sir. h'orrlfjii OJ/in; Mnrrh .",, IS^S. 1 .\M directed hv the Mari|ii!s of Saii-~lniry to transmit her.uilh, tor the information ol Secretary Sir II. Holland, a eonv of a letter from the I'nitcd States' Minister in London,* ilielosinij; a copy ol a (ies|)ateii aldresseii to him hy .Mr. Ii.iyard on tile Ttii ultimo, in whieli attention is called to the iiecosity tor the adoptiiiii of mea'snres lor prolectiiiLr the I'nr seals in B.'hrinir's >Sta. I Jiin ut the same time to inelosi' a eopv of adesiiateh which has heen addressed to Sir L, \\est,+ repeatinir the sid)stanve him to furnish Lord ^alishury with any ohservations he may have- to "tier on the suhj(;et. I am, a'e. (Siitncd) .K Ll.W PAUNCHFOTK. No. \)K The MfirijUhs nf iSalishiirii to ^f. ili' ^'laal. My dear Amhassador, luircinii ()//irf, Mincli •">, lMf^~. I INFOK.MI'II) yon a short time ai,'o that the Govermnent of the rniled Stutcs lind prv)pi)sed nei,'oiiatioiis with the ohjec't of reirulalin:; the catehim: of fm' seals in Ikhriiiu's Sea. It would he a source of satisfaction to me if the Itussiiui (iovcrnment would aiithotize your JCvcclleiiev to enter into a discussion of the matter with .^Ir. Phelps ami invselt'. and I should he ::;reatly ohli^fed it'yoii would eomiiuinieate on the suhjeel with .M. de Giers aad inform me of the cleeision at which hi^ Kxeellcncy may arrive. 1 have, \e. (Si-ned) SALISJiURY. Sir, No. 99. M, (It: Sldi'l to the Mdrijuis nf i^nlishiiri/. — [Rere'ned Miirrh S.) Cher Lord Salisbury, Loiulres, le 'if I'l'irhr (~ 'Slurs), 18>5S, .I'Ai en riKmncnr dc recevoir l.a lettrc (pie vonsavev, liien vonln m'ailressei'cn d;ih' (In 15 .Mars an siii(>t de la jiroposition faile ])ar h; (Joiivernemeiit d"s l']tats-l iiis d'.\ni('Ti(|ne en viie (In re!j;lcinent de la (inestion de la ehtisse :in\ |ili()(iii«>s dans la iiier de liehrini,'. \'olre Lxeellenee m'ayant fail pari dii (h'sir dii (ioiiM'i nement ([v Sa Majeste l$rit;iuni(pio do voir la lliissie coneoiirir aux arnins'einents fi eoneertor poiir ]ir(''server do la niine imc branehc (I'indiistric iinporlanic, j(^ in'emprcsserai d'eii informer Ic Gouvcnu'inent lm|)('rial on priaiit M. de Giers de nie miiiiir des iiiHlrnclions ik'ccs- saires ])our le eas oil le .Miiiis((''re liiijiL'ri;i! ni'autoriserait a m'assoeier au\ ii(''i,'oeiation< sur I'ohjet en (inestion. Vciiilli.'/., k.v. (SiiiiK'j STAAL. to til li^-tl I'oriT am t( to till ii,... iii.it, 7tli II the I iss:. vessei * No. 93. t So. ac. 183 (Translation.) Dr.ir l.dvd Snlislmn, Lmx/nn. Frhrmrn 21 (M^in-h 7), IS'^S. I II.V\'I-1 liad llic liiiii(,iir Id r('cci\c tin- IcItiT wliicli you wci'i' u:iii)(l cnoiii;!! lo .iililrcss 1(1 ini' on tln' I'rd Marcli icspci'liiii; tlir ])rii|)rK;il inado liy tin' (iovcriiMUMit ol' llic l^iiitod S1at<'s ol' .America uitli (lie olijcct oC si'ttliii'.; the (picstion of sivil-lmiitin;; in Hi'lirinifs Sea. Votir I'lxccUciicy lia\ inn' aciiuaintcd me of tin' desire of Hi-r l?ritaiinic Nrajcsty's 'lincriimcnl to have tlie co-oin'ratioii of l!iissi;i in tiw arraii','!', meats fo t)(> coni'iTti'd I'ui' llie |)n"^er\af ion frniu ruin of an ini|iorlaiil liraneli of industry, I siiall lose ik» lime in informing: tlie Imjierial ( lovernment. and I slidl ask M. li(inld Her -Majesty's (iovernment assent to it, th,-il -iich assent will not be taken as nil admission of llie eltiims of the I'nited States in Heiuini^'s Sea, which have formed and still form the subject of controversy. I am, &c. (Si-ned) JOHN iillAMS'l'ON. SALISBURY. Xc. 101. Fiiriiijii ()//icr to Cnloiiiiil ()//iri: ^\r, Fnrriijii Ojlirr, Mnrrh I", IS»^><. I HAVE laid bclori- iho Marijuis of S.disbiiry your letter of lliu' rjth instmit, n-hitivc U) (lie ]iro|)Csahi 'if the United States' (iovernment llir the establishinciit of a close season lljitlie (iir-beaiintr seals whicli Cieipient nelnin^'s .''^ea. liy his liOio.vbip's diicctioii I transmit herewith lor vonr iiitdiniation copies of the idiicspondeiice, inaiked in the inaii;in,* whicii iias recently passed on this suliiect ; and I iaii to rc(|Ut'st thai in layin;,; these |iapers beloic Lord Knntsford you will cull his atteiiliiin 'dtlie iiistriietioiis i,'iven to Sir L. \Ve>t to inform the United States' Secietary of State di:it, ill aetiiifj ipoii the invitation eiinveved in Mr. Mayaid's despiitcli to Mr. I'helps ol the "til iillinio, Ihr Majesty's (jovcniinent do not admit the ri^lits of jurisdiction exercised by llic I'nited Stativ^' aiith liitic:; in )>> !;riii'_''s Sea during the lishinu; seasons of lSMi-s doinir, you should state tliat this action on the jiarl of Jler ^lajesty's ( iovernuient must not he taken as an admission of the riL;hts ol' jurisdiction in lieliriiiu's .Sen exercised there hy the United States' aulliorities duriiii;- the lishiu:;- seasons ol' l^'sC).'^7 .•ind 1SS7-S'^, nor as all'ectiui; the claims which Her Majesty 's (iovernmenl A\ill have to pi'csent on acccnmt ol' ilu- wroiij.'-rul seizures which liave Itiken place ol' liritish vessels eni;ai,'ed in the seai-lishing industry. I am, kc. (Sit,'ned) SALISBURY. No. 103. Colonial Oilicf to luirciijii ()//lrr. — {lieceiii-d Miinit 22. Si ir, Doiniiiifj Sticet. Miurli 22, lisS^. 1 .A.M directed hy Lord Knulsford to transmit to you, to he laid liel'oie tlie Marquis el Salisbury, a copy ot a noiicc of a (|iiesliou to he asked in the House of Cornnioiis on .Monday next hy Mr.' (jourley, rcspeetiui; the alleged cleariui,' for Ikhrin::','* Sea ol Ciinadi.ui sealiuir schooners with armed liuliau crews for the pur|)()sc olwauini: war M])i)n Aineiiean Revenue cutter.-, sliould their conun.iiidi'rs attcuipt to mole>t them. 'riie ijiiestiou iilso a-ks what niea-ures llcr .Majesty's (ioveriuiieut intend adopting for the purpose of airiviin; at an amicable solution of tho .Maskaii l'"isiieiies di>putes. Lord Kmitslord li;is teUjifaphed to the (iovcnior-( ii'Mer;d of ( 'aiiada to iinpiire into the truth ol' the report iclerred to iu the (|ueslion, hut he would be :;l,id il'ti.e .Miiripus of .''ii|i>l)ury would inform him of the answer which should he ntui iietl to that part of the 'piestiou which relates to the measures to he adopted Ibi' a settlement ot the Alaskan fisheries dispute. Lord Kmitsford would also he i;lad to receive Lord Salisbury's opinion as to whether it would he ietrally jusiiliahle, imd, if .so, advisable, to desire tho coimnaliders of Ihr Maie>t\'> ships to tli^aiia any Hrilish sealini; schooners sailini; with such intention as is allci,Td in the report. I am &e. (Si-ned) 1!. 11. MHADi;. Ml Inelosm-e in .No. 103. ()m'sli()ii III he (ishfd ill llir lliiiisi' of L'l'iiiinoiis, Miirrli 2(i, ^•^S(■^. diiiirlri/, -To ask the Under-Sceietiu v of State for the Colonies wlietlier it as rejiorted by cable ('nun \'i(toria, liriti-h ( 'olumhiii, that a nuinher of sealiui,' sehoouers have been periiiilted 'o clear lor lieh;iti^'s Sea with the of pro-eeutiuy; >eid-lishiiiir contrary to the rei;ul.itions of tlu' Cniled St;ite> anthoiities, ('a!'ryin'_' l,N':,'e Indian eiews for the purpo-e of wai;iiiu' war iijion lleveuue cutters, should their cotiunaudcrs attempt to moh >t tlieai. ,\nd whiit measures Her Majesty's (lovermnent intend adoptiiii; lor the purpose of ai living' at an iuiiicahle solution of th.e Alaskati Fisheiics disputis. is correct, Ciuuuliaii intention ' Alaskan .\meriean • Nos 'JS ami WJ, 1S5 No. 104. Forelyii Office to Colonial Office. Sir, Fnrcujn Office, March L'l-, 18S8. F A.M din (.ted by tlie Marijids of .Salislmry to iickiio\vlcd;,'e the ri'cci])! of your letter of tlic 2'Jii(l iiisliuit, cidliiii; iitteiitioii to a notice of a i|ucstioii to be asked by Mr. (iourley ill the House of Coiiiniotis on tiio I'lith instant (1) in rcf,'ai(l to the aiiej^ed clearing for Ikiiring's Sea of certain Canadian sealinj; seiiooners witii armed Indian crews, for tlie juapose of waiiinff war upon American Revenue cutters, should liio commanders of the latter attempt to molest them; and ('J) as to the measures which Her Majesty's Govcrn- imiit intend (o adopt for arriving at an amieablu solution of the Alaskan Fisheries (lis|iutcs. With reference to the latter jiart of .Mr. Gourley's ehrin;^'s Sea, manned with armed Indian crews, 1 am lo state that Lonl Sali>bury will be prepared to submit the matter to the Law Otlicers of the Crown, should the rumours in (|uesti(in he contirmed, but that if the vessels are arnu-d, not for purposes ol attack, but for pur])oses of resistance to illegal seizures on the high seas, it would seem dillieult to justify any interference with them on the ])art of I ler Majesty's crni/.ers. In eoncln^ion, 1 am to sujjgest, (or Lord Ivmitsford's consideration, that, in reply to Mr. Gourley's inijniry as to "what measures Her Majesty's tiovennnent intend adopting t'or the purpose of arriving at an amicable solution of the Alaskan Fisheries dis|)utes," it iiii^lit be stated that the (|ueslion is now under the ci.nKideralion of the two (iovernmc'its concerned, but that it would be premature at this nioaient to say more than that Her Majesty's Government have no reason to doubt that a satisfactory arrangement will he arrived at. I am, &c. (Signed) JULLVN PAUNCEFOTE. 11. MFADl'. No. 1(15. (.'olonidl Office lo Foreiijn Office. — {Rereired ^^(l|■ch 20. 1 Sir, Dou-nimj Street, March 24, 18S8. N\ i'l'll reference to my letter of yesterday's date respecting n i|uestion to be asked in the House of Cominoiis upon the subject, of the alleged clearance of Canadian sealing vessels for the ISelii inn's Sea with armed Indian crews, i am directed by Lord Knutsford to ti.uisinil to you, lo be laid bet'ore the .Martpiis ol Sali.shury, a copy of a teleL;rain which lias Ibis day been I'eeeived from the Governor-General ol Canada. I am to re^jue.^l to be infonnid of the answer which Lord Salisliiiry woulil wish to be retiuiied to the Govenior-Gineial in regard to (he latter part of bis tilegram. (Signed)" '' .JOHN URAMSTON. Iiu'lo.-iiir in No. iO"), Till' Mnrijiiis of Lihisiloinie la Lord Kiiiilsjoul. lor the purpose ^ (T. legraphic.) Ollnirn, Marrli -2-2. IH^fi. 1 ilAVL ■ ccivcd your telegram of the 22nd. Tlu- pres.s has |iul)lished rumour ii'I'erred to, hut it is not credited here, cr contirmed by information, ]iri\ale or oflieial. It [-•, however, of ureal importance, in order to avoid injury to lishiiig inUii>l and risk [I28J • 2 H 186 of further complications, to obtain from United Slates' Government explicit statement o( its intentions as to sealers loinul in lieiirin^'s Sen this sea.s!)u. No. lOG. Vaunt Piper In the Maniids of SalisliKri/. — (HrreU'd Miirrli '27.) ION se relt'rant h la note verhale i ii date ilii 1 1 Oelohre dernier, |)ar la(|nelle iM. Ic .Mar<|ni>(le Salisbury a exprime le desir de eomiultre si le (ionverneineni I'niled States to come to an r.rrantrement conc( rnimj tiie seal tishery in l?ehrin^''s Sea, Count Piper has the honour, by order of his (jovernment, to eonmmnieate to Lord Salisbury the inelostd reply which C'oimt Klireiis- viird iias addressed to the United States" .Minister at Stockholm on the .subjeel. London, Marcli '24, 188S. Intlosure in No. lOG. Connt Khrensrciril to thr Unhid Stairs' Minisler iil Utockliolm. !.!■ ir, J\/cnt, (pie d'lin inti'iet minimc pour les lloyaumes-Unis, le (iouvernenient de Hoi a eru ne pas devoir jniiuire pait activenient ii ees pourparlers, les()iiels il snivra tmitefois avee toute rattcntioii ()ue nierite ralliiirc. II sera ainsi heureux d'apprendre (pie les jiourparlers en{;aj:('s entrc l^s Puissances iiiteressi'es en premiere li^'iie a ec sujet aient pn alioutir a un arrangenunt internalion.il, et (jue la faeult(.' d'adherer ii renteiitr serail, le eas eeheant. leseivt'c aux aut-i-es Puissimees. N'enille/, iVe. (Si-ne) KIlRliNSVAIlU. (Translation.) Mnrrli l(i, 1 S'^g. IN a letter dated the ITtli September of last year You were good enough, in the name of Your Government, to invite the United Kiiifrdoms to enter into an arrangement with the United States for the preservation of seals in Hehring's Sea. As the hunting ol seals in those regions is at present hut of very slight interest to llic United Kingdoms, the {jovcrnmeiit of the King have not thought it their duty to lake an aetivi; part in these negotintions, though they will be glad to follow them with all t!.r attention which the matter deserves. They will also i)e ^lad to learn that the negotiatimis between the Powers ehielly interested have sueeesslully resultdl man international arraii^i- inent, and that liberty will be reserved to the other Powers to join in sueh an arrangeuK nt should lliey desire to do so. l{(.'eeive, vVe. (Siifi.ed) Klll!i;.NSV.'\l!l). t statement 18T No. 107. Colonial Office to Foreign Office. — {Received March 29.) Sir, Doiniin(j Street, March :JS, 1888. WITH relbrencG to the letter from this Department ol tlie 'ilth instant, and to yours of tiiu sami; date, relatiiit? to tiie allcc;cd clearinf; for IJehriny's Sea of ceilain Canadian sciihnf; sciiooners with armed Indian crews, for the purpose of resisting llie American {{(■venue; cutters, should the commanders of tiic latter attempt to molest them, I am directed hy Lord Knutsford to transmit to you, to he laid before tlie Martjuis ot .Salisbury, a teli'gnim received from liie Govenior-Ceneral of Canada, from which it appears that this run)our is not unfounded. I^)rd Knutsford desires to call the attention of Lord Salisbury to the sufii^cstion of tile Govirnor-CJeneral that clio Admiralty should instruct the Admiral commanding on the tt.itidU to watch the proceedings on the spot. His Lordship would also smallest that this matter should be hrousiht under the iniinediati; nolice of the llivitcd States' (iovernmcnt in order that a detinite announcement (ii their intentions durini; tlie present season with reference to the l}i'liiin;;"s Sea sealers may be obtained; with such inlormation Her Majesty's Government would be belter able 1(1 ( onsider how further cOmjilications may best he avoided. I am, &c. (Signed) EDWARD WINGFIKLD. Inclosure iu No. 107. I.ord Lansihwne to Lord Knutsford, (Teleirraphic.) Otinwn, March '27, 18S8. [ AM intbrmed by l.icdtcnant-t Jovernor of British Columbia that sealers on the point of departure tor Beiirim^'s Sea are armin;; the vessels and crews to resist ca[)ture liv Amciican Reveiuie cutlers. WC think it desirable that .\dmiral shoidd he instructed to watch iiroceedings on the spot. I have tcleurajihcd to Lieutenant-* Jovenior to issue notice caiitioninp; scalers to retrain from any assertion of ritjbt by t'orec; of arms, and poiiitinp; out ;:r;ue results which miirht ensue from resort to arms whil^,t neiiotiutions still in pro^^ress. It .-ccins to us impossible to prevent tishermcn takint; on board the arms and ammunition UMitdly rcipiircd for their own protection and for use in seal-tishiuLr. Ke])orls reach us from \'iet(iria that Unitsd States' (iovernmciil has issued orders for the seizure of all sealers Iddhd this season in lk'iirin'.;'s Sea. Ijct me again urge necessity of obtaining from United States' Government detinite annoimcement of its intentions during present fishing sca^iin ill those waters. lENSVAlU). No. 108. The Mariiuis of SniiJnmj to iiir L. West. — (Suhsluure telei/riiiiliril.) Sir. Foreign Office, March ;il), I8S8, I INCLOSK, for your iidormation, a eojiy of a letter from the Colonial Otiice,'"' iiicldsing a telegram from the Governor-tieneral of Canada, from which it appears tliat the I'lritish vessels and crews now lilting out lor the approaching heal-tishing season in Inlu'ing's Sea ari; beini: armed with a view to otfering resistance to their capture by American erui/ers when so occupied. Lord Lansdowiie also reports that it is nimoured in Victoria that orders have been i.--i:((l by the United .'^tatcs" (ioveriimenl lor the seizure of all sealers found this season in I'lhriiig's Sea. I i'e(piest that you will inlbrm ^Mr. Hayard of the rejiort in (juestion, and that you will lariustly represent to him the extreme importance that Her Majesty's Government should lif enabled to contradict it. I am, &c. (Signed) SALISBURY. [128' • No. i07. 2 n 2 188 No. 109. Foreign Office to Coloninl Offirr, Sir, rorni/n OJfice, March {\0, 1888. I HAVE laid before the Marquis of Salisbury your Icftcr of the 'i> L. West to the Marquis of Salisbury. — (licreivcd .-Ipril 2.) My Lord, mishimjlon, March 19, 1888. I IIAVK the honour to inclose to your Lordship herewith copy of a teleiiram which I have received from Mr. l""ostcr, the Canadian Minister of .Marine and risberics, as well as copy of a despatch which I have addressed to the Maicjuis of Lansdowne in reply thereto, and which is based on unotlicial communication with the State Department. I have, &e. ' (Signed) L. S. SACKVH.LE WKST. Inclosure 1 in No. 1 10. Mr. Foster to Sir L. West. (Telesrapbic.) Otiawa, March 0, 1888. IT seems that Canadian scalers are re(p;ired to carry Ujipcal to United States" Court, or, by failure to do that, will forfeit bonds. Can they be allowed, pending delinite settle- ment between United States and Great Britain, to bond vessels and skins without obligation to appeal ? Inclosure 2 in No. 110. Sir L. West to the Marquis of Liinsiioune. (Extract.) Washimjtou, March 19, 18S8. I HAVE the honour to inclose to your Excellency herewith copy of a telegram which I have received from Mr. Foster, your Excellency's Minister of .Marine and Fisheries, relative to jiending proceedings in t!ic eases of Canadian sealers seized in Behring's Sea, and, i i reply, to inform your Excellency that tiic Attorney-General has stated that Rule X of the i'raeticc in Admiralty and Rule, of the S\i|)reme Court (1887) make it plain that flic coiuiscated ships can be bonded pending ajipcal. No. 111. The Marquis of Salisbury to Sir L, West. Sir, Forvifjn Office, April .'5, 1888. THE United Stales' Minister called upon me to-day, previous to his return to America. He was anxious to speak to ,ne especially with rcfereiiee to th( condition of tiif seal-fishery in Behring's Sea. 180 lie expressed the hope tluit instructions woul.l soon anivc wi)icii would cuuble the Ruf-iiin Ainbassndor to ncfrotiiiti' on the suhjoct of cstahlisiiiim a close timt- ihiiins which tlir rapture of senls in certain localities slioiihl not he i)crniitti'd ; iuid he addc 1 that, whenever that Convention could he arranged, it would |)ut an end to all the dilliculties which had arisen with respect to the scal-rtslu'iy in that sea. ^ll■. I'helps was very anxious for dispatch hccause the destruction of tho species was cnonnous, and was increasing in volume every year. But under the peculiar political lircuMi-taixes of America at this monieiit, with a f^eneral election inipciulin:,', it would, he said, he of little use, and, indeed, hardly practicahle, to conduct any nou'otialion to its issue lic'fore the election had taken place, lie held it, however, to he of great importance that no steps should he neglected that coul 1 he taken for the purpoM; of rendering' the lu'u'otiation easier to conclude, or tiir sup|)lyini: the place of it until t!ie conclusion was obtained, lie informed me, therefore, unotlieially, tiu: lie had received IVo'm Mr. H.iyard a private letter, from which he read to me a iias'a^c to the following cU'eit : — "1 shall advise that secret in>;' letions he given to American criii/'.'is not to molest lirilish ships in Uehring's Sea e.t a Oi.-arrasseil hy the measures <"jr self- lefencc whieii were heing taken hy some of the sealing-ships that were fittin',' out from liritish Columhia. .Mr. I'lielps then said that he would have no ohjcctiou to my conrnume.itin;; this information to Lord Lansdowne contidentially. At the sane lime he expressed the hope that I would n'[)r('sent to Lord Lansdowne the importance of refusing clearance, if he could do so, to all ships going out from ports in liritish Columhia to shoot seals ii Hi'hring's Sea during (.'lose time, that is to siy, from the I 'ith .April to the l-t Novemher. lie also said lie presumed that any Convention t'or exeici»i .l; police in Uehring's Sea must, in the case of .America and (ireal Britain, he sup|jorted by Icl;;!: lalion ; and he would he very glad if Her .Majesty's (Jovernnieut woidd try to ohtain the rei|uisite ]iowcrs flaring the present Session. I re])lied that the matter should have our iuimediate attention. I am, &c. (Signed) SALISBURY. No. 11 2. Sic L. iVesI to Ihe Mniyjul'i nf iU'-\, 18S8. I IIAVK made representation to Secretary of State as du-eeted in your telegram of the 30tli ultimo. lie begs me to inform your Lordship that no orders have lieen issued for ca])ture of British ships fishing in Bein-ing's Sea. No. 11 .'J. Foreiyn Office to Colonial Office, Sir, Forilf/ii OJ/i'cr, Ajnlt o, 18SS. WITFT reference lo your letter of the 'J^fh ultimo, F am direeted hy the Mar()uis ... _,alishury to state to you, for the information of Secret:iry Lord Kiiui^lord. that a IC'leL'iam has heeu received from Her .Majesty's .Minister at Washington reportini: that the I'nited States' Secretarv of .State has informed him that no orders have heen ivsued of S l>y the (lovernmciii of the United Slates for the capture of British shi|)s tishing Heliring's Sea. Ill I am, &c. (Signed) .JULIAN PAUNCEFOTE. 19U No. 1 14. Coloni'il Office to Foreign Office. — {Recrlred April I 1.) Sir, Doiniliiij S/rnt, April 10, 18H8. I AM (lirecU'd liy Lord Kiiiitslord to triiiisiuit to you, to lie laid Ijolorc tlio Mnrqiiis of Siilisliurv, ail exlnict of a dcsiialoli from (lie (!(ivernor-(!oneral of Canada respect iiiif tin- (jiii'stioii of liondiiijf till- llritisli si'alinj;-vesst'ls i'a]itiiroil l),v the Unidd States' cniizersin Heliriiiu's Sea diiriii;;- la~t season, and anain nnjiii^'- tin- desiraldlity of o'jtainini;- from tlic (Jowrnnii nt of llie United States a distinct intimation of itK intentions with regnrl to (lie .ipiiroacliini;' season. 1 aiu, &c. (Signed) .lOirN BRAMSTON. Inclosuro in No. 1 1-1. The Miirquin of Lansdowne to Lord Kmttsford. (Extract.) (loiernment Umim; Otlairii, Miircli 21, I8?*S. I AM •riven to understand by my Minister of Miirine and Fisheries that permis- sion lias actually been given to the owners of tiie liritish vcssc.-ls to bond them peiuling appeal, provided that the .sureties arc citizens of the United States and resident tiierein. He has, iiowever, learnt that (lu; iJritisli Columbian owners who are concerned in this matter .'ue not willin;; to bond their vessels if they are thereby bound to carry an appeal to the United States' Courts, and if, by not proceeding with the appeal, they would therel)y forfeit their bonds. it lias. uKU'cover, been suggested that, by giving bonds jicnding an appeal to the .Supreme Court of the United States, the owners might tliereijy place the matter outside the scope of any diplomatic negotiations which may take place upon this subject, a result which the)- would naturally be desirous of avoiding. 'riiey have now in(|uired whether it would lie po.ssiblo for them to bond their vesselr*, Kc.. puiding, not an appeal to the Supreuie Court, but the di[ilomatic settlement of the fjueslion which has arisen in connection with the seal fishery in these waters. I shall be glad if Her .Majesty's tioverninent will invite the attention of that of the United States to this recpiest, which should he attended to as soon iis possible. From information which i have received, there is rciison to believe that llic seal-skins on board of these vessels will be sold at Sitka on the 10th April. In connection with the suliject of this despatch, 1 venture aijain to call your attention to the incpiiry made in my telegram of the -"Ust JFarch, iSbT, in regard to the action likely to be taken during the present year by erui/ers of the United States in Beluing's Sea against S(alcrs fre|iHtrli would o])erale as an aliaiulonment of the rijrlit of a|pi)tiil witliout any certain |ir(i>|iect of a remedy by diplomatic action. His Lordsldp would tlierelore snuyesl, for the consideration of liOrd Knutsford. whether it niif;lil i ot be j)relerai)h' to jjiupose to llie I'liiled Slates" (iovernment that tin? time limited for the prosecution ol' tlie a])peals ^.liDiild be extended by consent for .such period as may allow of a settlement by di|)lo- maiic neirotiation, without itrcjudice to the uUimato lef!;al remedy by appeal, should such iicnotiation be unsuceessl'ul. As regards the sureties, Lord Salisbury docs not think that reascnablc objection can be taken to the stipulation tliat they should be citizens of the United States and resident therein, and therelorc within the jurisdiction of the American Courts. 1 am, &c. (Signed) JULIAN PAUNCBFOTK. No. 117. iS/r L. West to the Mari/uis of SSaliaburti. — (Rereived April Hi.) .My Lord, U'ashimjtoti, Minrlt -^T, IsHH. 1 ILVVI'! the honour to inclose to j-our Lordsldp herewith eo])ies of a letter addres.sed to Senator Dolph, of Oregon, by Mr. .James (J. Swan, Assistant Collector of Fort Townsend, Washington Territory, relative to fur-seals in the waters of Alaska and in I Ik Beliring's Sea. The migration of the New England fishermen to the I'acifie coast, aiul their detcr- iiiiiinlion to assert the right to llsh or hunt in the American waters oi JSeliririg's Sea, 'lutside of 3 nautical miles from any island or the mainland of Alaska, will have an iinpoi tant bearing on the juri.sdiction claimed by the United States' for the benefit of the Alaska Commercial Company. I have, &c. (Signed) L. S. SACKVILLE WEST. le arrived at in Inelosure in No. 1 17. ■'iQlli CoiKjress. — SiiNATK. — Mis. Dor. A'o. lA. In rnr, Sk.natk of i'uk Uniteu Sxatics. .\liii-rli It), K^f^H.— Presented by .Mr. Dolph, and ordered to lie on the table and be printed. I.illn- iif Jaiitis (1. Sddii, .iMintdiil Cnllertor, Port Townseiid, IVashiiigtoii Tfiriluiy, irliiiiir to Fur Seals in tlir IViitrrx of Alaska and in the Behriny's iSni. >^ciialor, Port Toiniseii. colony of several hundred ol these lisliernien will lie here to dcvelup the weiiltli now dor. lant and hidden in our waters. Since I returned t'roni (.Juei'ii Charlotte's Island, in ISS.",, F have persistently ur^ed on Profc-.^or liainl the necessity (d' s(>ndiMj; one of tlu' United Slates' I'isli Conniiission steamt'rs to the I'acilic to develoi) our lisheries, and shortly hefore Professor Haird's lamented death he wrote nie that the '•Albatross" would bo nent t(t our waters, and she is now on her way out. Tlicse (Jloucester llshenncn will render valuahle assistance to C'liptain 'i'anner. It is to the lishermen of (ihnicestcr, f'a))e Cod. anil the coast of Alaiiie that the I'nited States' I'ish Cummission is laru:(dy imlehted for much of the valuable iid'ornialion respeclin^' the Alhnitic (ishcries, which has been pui)llslied hy that adiniiabK hureau of the Sinill.sonian Insliiution. Ilitlicriii no protection has been uiven our I'acitic lishermen by our (Jovcrnnn'ut. The Trciily of ism docs not allude to the I'acilic coast, nor does the present Treaty, so far as I am informed, make any provision for or allusion to tbe lisheries of the North I'acilic. Hrilish Columbia is, as it were, sandwiched between \Vasbin;;lon ami Al.iska ; our interests ari' identierd, and at jiresent the most harmonious and kindly feelin:; exists between the iienjile of Mritisb Cidumbia and ourselves. livery steauicr for Alaska which take> thr insidi' passajie passes throui,di the waters of liritisb Culumbia, allbrdiny; a meairs of d^'l'i; lit fill ri'crcation I otlunisands of tourists. This kindly feel in;; should be encoiini:,^eii, and icirliculurly in reference to our lishermen who wish to ii-li tbe wiilers of the coast from tiic ( olumlda to Alaska. 15ut these Nc'.i- Hngland lishermen ask more than to fish aloni,' the coast; they wish to explore tbe waters of Hehrinu's Sea and the Arctic Ocean, and to be jicrniitted to take any of the products of the ocean in American waters without the annoyance they have been subjected to for so many years on tbe Canadian coasts of the Atlantic. Ever since the lease of the I'ribylov Islands to the Alaska C'omnjercial Company, that powerful monopoly lias jiersistenlly deceived the Con;;rcss ot' the I'nited Slates and tbe .Vnierican ])i()ple by arro^jantly assertinir that all the lin seals of the Korth I'acilic Ocean cnn;;rci;ate on tbe Islands of Saint Paul and St. ( Jeorj{e, and that tbe indiscriminiite slaui^hter of I lio>e seals w ould soon exterminate the race. Tbe lat ter part of this assertion is true, bill the llrst, I assert, is a ])liysical impossibility. The seals of the North I'acilic, in counties^ myriads, could not, by any process of their own, lind room on those two comparatively insiu;nilicant islands, and 1 am prejjared to jirove that tbe southern seals, frimi the (!nlf of Tebnantcpec and Gulf of ('alifornia, which come north every season, (lifler from the seals of the I'ribylov Islands, and never " haul out " (>n that jrroup. Tbe indi-criminate slau,!;htcr of fin seals in early days on the Island of Massafuero, on the coast of Cbilf, and on the San Henito Islands of Lower California, drove tbe seals away fr()ni those once famous rookeries, and Ibey seem to have acipiircd new habits. .\ paid writer of tlie Company, Ilcnry \V. IClliott, in an olberwisi! excellent inonov;ra|)b on the lin seal islands of Alaska, boldly asserts that tbe seals of the North I'acilic all (•oci;;'re,i;atL' on tbe Priliyhiv l>lands. lie further asserts that those seals have their pups on land, and that if a [mp is thrown into the water it cannot swim, but will sink like a stone, and lakes me to task for assertin;; that the pu])sof the seals taken at Ca])e I'ialteiy can swim as soon as born and even when taken alive from the mother's won)b.* In 1S8;1 I was instructed by Professor 13aird to investigate the habits of the lin seals and to m.akc a l'e])ort thereon, which Peport may be fomul in the I5nlletin i<( the United States' I'isb Commission (vol. iii, l^P."?, p. 201). In that Peport I have shown hy thirteen witnesses, some of them Government ollicials, that the lin seals of Cape Flattery do have their pups in the water, on the kelp and at other places m)t yet discovered, and that the pups swim as soon as born; this evidence as against Mr. KUiott'.s • Unite,! Sialc's' (^ommis^ioii of I'isli .inil laslic'rips. Sjiucial iSulIetin 170,0 Alaska, by llei.ry \V. Elliott, I8SJ, p. IGC, lant iiaraRrapli. onojraph ol' I': o S.ul IsliiiiiW "T lO.T iin-iiii|i()rlo(l, (Ii>;;niiitie ns-icrlion (lull the piip-; «ill sink like ii stone, f iiclicvo timt Mr. I'lliott is fiincct so lai' as tlio seals of the l'rii)vlov islainis are e()n"erniil, and f kiiii'.v that I am correct so far lis re;;aril.s the seals of Cape i'"latlery, and, hiiievin^j tliat JMith of »■< are correct, it proves inconte^tiilily that the seals wiiich eoine i'roiii the south to ('ape i''hittery dilier in (heir Imliits Irom those of Helirinf^'s Sea. Tiicsi^ eastern (ishernien, knowiii;^ the value of the rookeries, are desirous that (he l;i» protcedn;;' (he seals on (he I'rihylov Islands, as well as the provisions of the lease (o ihr .\la>ka Coinniereial Company, siioiild lie ri;;i(ily enforced, lint (hey do not helieve tliiil till' term "adjaceiil waters" named in that lease ever meant or was intended to uiciui all the waters of (lie North I'lieitic Ocean. Tiiey itelieve that tiiey, as Anieri(!nu cili/eu>. have a rif,'ht to li-^h or hunt in (he .\merican waters of l!chriii;;'s Sea, outside of :i iiiiiitical miles from any inland or the mainland of .Alaska. They lulievc that William II Scwanl did not piindiase Alaska for (he .Alaska Commercial Coiniiany. linl for the »liole nation. 'I'liese tishermeii from .Vew Kiifjland ileiiiand as a ri;;ht (hat (hey lie pcrniiKed (o pm>ne (heir lionourahle lin-.iiiess in the American wati'rs of (lie Nordi Pacific, ISelirinii's Sea, and (he .Arctic without heinj; IreiUed a.s criminals and hunted down and seized and imprisoned l>y (he piradcal llevi'inie eiiKeis td' (he I'liiled Slates, at the diction nnd for (lie solo l)enefl( of (he Alaska Cumiuercial Company. These lislierinen already here, and (he colonies which ■\\\\ he here next year »itli their fleets of schooners, are of vasdy more impor(aiice (o (h • .American nation (lian the monopoly ul' (he Alaska Ciiimiiercial Com]iany. .And (hey have re(iiies(ed nu^ (o address you, Seiia(or, and odier Senator^, resjiei (fully askiiiu' you (o k ndly look in(o (his (pie.^tioii, and have it ordered hy the Trc.isMrv l)epartment that .American eiti/eiis can take any id' (he products of (he (iciiin outside of .'5 marine miles from any island in Heliring's Sea or (he coasts of (he niiiiiilinid of .\laska. llither(o (he ou(ra!;er arrogance and assumption of (he Alaska Connnercial Coiiipaiiy has heen only met hy feehle protests from merchants of San Francisco and a fe" I'crdand (raders. Hut now a new order of things i> ahou( heiiifr inaugura(ed. An iiitellii;i'ii( and valualde cla^s of New llngland (islieriiioii are coming here (o reside among iw and liecome ci(i/ens of Oregon, \Vasliiiig(on. and Alaska. They know their rights as .American citizens, nnd they are de(ermined (o have their rights It is time (lia( the farce played hy the .\laska Comiiu'rcial Company was ended, and that tlie sorry sight of .Americin Iievcnue cutters hunting down our own cili/.cns for the l)oiieli( of (hat huge inoMopc ly should for ever c^ase. I have give:: ihis suhject careful uKendon for many years, hut have had ii.i occa.sion to take any ]iar(icular in(erest in it until now, and now is the time to speak and act. These de(ennined, cnerircdc tishermen of New Kngland are here, nnd more coming. All tlioy ask is (heir right as .American citizens (o hunt and lisli in American wa(ers ou(sidc :'• miles from land. S(riclly enforce (he law iiroliiliiting (he (akiiig of seals on tiio I'riliNlov l>laii(ls ; s(rietly eiil'orce the law prohihiting the iiitroducdon of spirits or lire- iirms among Indians; hut give the fisherinen the right to develop llie wealth in our waters, encourage (hem (o make new discoveries, aid (hem in every legal nianuer to liiir>ue their avocations, and tlh'y will [irovo a new soiirei' of weiiUli to our I'acilic States, and add to our population a new and a most dcsirahle eleuient. 1 have had (he honour, Seu,i(or. (o address Sena(or .Mitcdiell and Senator St.inford iip'in this important question, and if (here are any poin(s on whi(di you would like further iiil'eriuation, I shall e>teom il an honour if you will address me, and J will give you all the iiiformatioii I possess. I "ant (o see tUdiring's Sea and all .\mericaa waters open to Aiiieriian tislieimen, and 1 e:;riies(ly and respectfully solicit your kind consideration of the (jiiestion. 1 have, &c. (Signed) JAMES G. SWA^. The lliin .lo-epli .\', 1 )(iipii, i^eiiiitor in ('(Uigress limii Oregon. S.iil IsliiiiiN "I [128] No. 118. Hir L. ll't'nl to Ihi' Mtirqiiin nj Halinliury. — [Ui'i-fiml Ajuil Id.) My linril, \lii.\liiiii)liiii, Miinli :U. 1S>>, I 1IA\'I'( till' hniioiir to iicKiiowIcdjft' llic r»'ct'i|)l nf vour Ijonl liipV (Il'sjihIiIi ol (lit' ITlli iiistiihi, •ind to iiH'loM' luTinvitli coitv of ii iiolc wliicli I iiddrcsscd t'l iln' Si'cit'liirv of St.Uc ill till' st'Msi' ot'tlml di'siKitcli. ii^* well a^ (•()|i\ ct'llic rcplv wliicli I liavr rccciviMl tluMi'to. I hiivi', «{i'. (Signed) I.. S. SACKViril-K WRST. Inclosuro 1 ill Nn. 1 If. •Sir I,. Il'e.v/ III Mr. liniinril. Sir, IViisliii .. Mnrrli :.'(i, ISS8. Wrril rorcrciici' in tln' jiioposi'd ciiiu'i'rlL'd ai'tion liv (ii Hiilaiii. tlio liiiitoil Stales, 1 'rid oilier iiitcroNU'd I'owlts, in order to preNerve Irom exUi iiiiniitioii tiie I'lir scnls wliicli it 'crlaiii seasons arc I'oiind in i$elirini;'i Sea, J am roi|uested liy the Marcpiis of Salislniry to intbriii joii that the Kiissian Aniliassador in liOinlon lias been cominiinicatod with on ill. .iihject iiml that lie lias referred to his (lovernnieiit for instructions. Hut ill making- tliis coiiiiiiuiiication to you, I am instrucled to state that this action on the part of Her Mnjisty'i Cioverniiient must not he taken as an admission of the rijilils of Jurisdiction in rieliriiif-'s Sea exercised there hy the I iiited Slates' authorities duriii;;- tile ii-i;iiiLf seasons of lS!S0-!^7 and ISST-'^'"', nor as aUeclinn the cliiims which Her Majesty's Dovernment will have to present on account of the wrongful -eizurcs wliicli have taken place of Uritish vessels ctifjagcd in the scal-lisliinj; industry. I liave, &e. (Signed) fi. S. SACKVILLK WKST. Iiiclosure 2 in No. 118. Mr. lidiiard lo Hir I.. HV>7. Sir, Drpiirliiiriil nf Sloir, W iishinijlnii. Mnr li 'M), I«-S. I AVK the honour to aeknowlcd^'c the receipt of your note of the 20th instant, in which u inform the Department that the action of Her .Majesty';. (Jovernmcnt in respect o the propoi-al of tliis (Jovernnunt for an arraiij;eiiient to protect the fur-seal from termination in J5elirinf;'H Sea is not to be taken as an admission of tlu' jurisd' linn of the United States over Helirinf,''s Sea, nor as aflecting the claims wliidi Her .M.njesty's (lovernmeiit will have to present on account of the seizure of certain British vessels in those waters. I have, cSce. (Siftned) T. F. IJAYAlil). No. 119. Sir L. West lo the A/«nyi((.v ot f^iiVmliunj. — (l\i-rrii:i'(l April hi.) My I>oril, Wiinliiiujluii, April i>. I.SH8. Wrril reference to my despatch of the I'Jth March, 1 have the honour to inclo« to your Lordship hcrewiih copy of a .Memorandum sent to me !>y the lawyer eiiiraiicii 19.'. ill tlir I'liM! <)( criliiiii -.t'lil-skiiiH onlereil to lie sold nt Hitka, from which your LonlHliip will pcrt'civc lliiit tliu iimtlcr has Ixicii saliMtiictoriiy ailjuslLMl. 1 liiivc I'liiniiiuiiiciiti'il tiiin McinoraiKliiin lo tlii! Murijiiis of IjiiiiHilownc. I Imve, &c. (SIrikhI) L. a. SAC'KVILLI'] WKST. IncloMurc in No. 11!). Mi'iiinniiiiliiiii III/ Mr. Itriijniiiin. \\lVt Kistiit'l .liiii;,'!' lor Alaska liaviiii^ rol'iisi'iipi'rseili'as hniuls, with sureties, resiiliiiij in Alaska, ("alironiia, OiiLi'iii, or Wasiiiiiuloii Territory (said District .lud^fo coiiteniiing that the Order nliiieil niily to tlu- ease> of Aiiiericaii claiinaiils). I laid hi-fore the Attorin y-( leiieral, on l!ii' ;!lst ultiiiiii, the case of the jirilish nwiier of I.IUU seal-skins, ordered tn he sold under ( 'iiiideiniialiiiii Deeree at Sitka on the IMtli instant, said o«ner having' teiulered a \alid appeal hoiid with >' eties, residiii;;- at San I'raiieisc'o. 'i'o-day. diiiiii;.f my alleiidaiiee upon tin; Attoriiey-ljineral, he sent a joint telcffram to the l)istrict .ludu:e and the hislriet Attorney at Sitka, ndviNini; them that his Order of Lbt lleceiiiher \\as inteiiiled to apply to all elainiants, irrespective of nationality. 'I'lic ti'lci^ram will ;;o hy mail Ironi I'orl rown^enil, and will reach Sitka hefore the (lay of s le in diK? course. The Atlorney-( leiieiiil expressed his dissatisfaction with the course of the oliicer.s at ,*^iikii in pu(tiii!j; so narrow a CKiislriiclion upon the orii;iiiaI Order. (Signed) \;11AULL:s F. IIEN.IAMI.N, Counsellor-at'Law. Wiisliiihjtiiii, Ajinl I, I8SS. V. IJAYARD. No. 120. air L. Wi'sl III Ihr Mun/uis uf SaUsbury. — {Riteireil Ajiiil Ui.) ,\ly l..>rd, Washhiijloii, April C, 18S!<. WiTJi reference to your Lordship'.s despatch of the ;Wth" March, I liave the honour to inclose herewith copy of a note which 1 addressed to Mr. Hayard, representing the iniporlance of enahliiig Her Majesty's Government to contradict the report that orders had hcen issued hy the United Slates' Government for the capture of British slii|)^ iishiiig in Hehriiig's Sea. ! had previously received a oonini\inicatiou in the ahove ^oiise from the .Manpiis ;il' i.ansdowne, and at an interview which I had with the Seenuary of .s^tale he stated to ine that no such onlers had lieen issued, which information I telegraplied to your iionlship on the .Ird instant. 1 have sin''e recei\ed a I'lirther felenram from tlit Maripiis of Lansdowne, copy of which is inclosed, recpie^ting to know whether his (i a eminent i.s to understand ihat sealers will not he molested except within the marine league from the shore. 1 lu'cordinnly again called on Mr. ISay.ird, and he repeated lo me, in reply to my iiuotion in the ahove sense, that no onlers liad heen issued i'or the capture of sealers in Tk'hriug's Sea. He presumed that the orders 1 alluded to as having heen issued some years ago Were iiistructiims under Statute (see 1 .0.'iCi Revised Statutes) for the regulation of the seal ilshevy in tlu; waters of Alaska. Pending international negotiations on this siihjeet, lie dill not tiiiiik il. was expedient to answer my ipu'-tiin in so far as it related to the marine league limit, a^ (iiese negotiations had for ohject tlie general protection and IncscMialioii of tile seal in all waters. He did not wish to see another ISriti^li or •Ainerican sealer seized, and hoped that no such seizures would occur. 1 have, &c. (Signed) L. S. SACKVILLE WEST. [IL'^I 2 C 2 196 Inclosure 1 in No. 120. Sir L. West to ^fr. Hay aid. Sir, fl'tislitnijloii, .Ijiiil 2, 18S8. I HAVE the honour to inform you that tlie Marquis of Salisbury has received intimation from the Canadian Government to the effect tluit orders have been issued by the United States' Government for the eapture of British sliips llsliin;;- in Ik'hrin^'s Sea, and that he has tele;,a-ai)lied to me to represent earnesitly the extreme inii)ortance of enabling Her Majesty's Government to contradict tliis rumour. I liave, &e. (Signed) L. S. SACKVILI.E AVEST. Inclosure 2 in No. 120. Tlie Marqiiin of Liinsdoune to Sir L. West. (Telegraphic.) ' April n, \m^. IN reply to your telegram of the .^rd April, there is an impression here that orders were issued some years ago by United States" Government to (JolJeetor at San Francisco for seizure of vessels found in Hebriug'.s Sea, and that these orders have never been withdrawn. May we understand our sealers will not he molested excej)t within the marine league from shore ? No. 121. Till' Marijiii.'' of Salishuri/ to Sir A'. Moricr,* Sir, Forviijn ()J/!rr, April 10, 1S88. Tlll'^ Russian Ambassador and the United States' Charge d'Aliiiires called upon mo this afternoon to discuss ttie (|uestion of the seal fisheries in Hehring's Sea, which liaJ been ])rought into prominence by the recent action of the I'liited States. The United States' Government had expressed a desire thai some agreement should be arrived at between the three (iovernments for the pur()ose of |)r()hil)iting the slaughter of the seals during the time of breeding; and, at my ie(|ues(, M. de Staal had obtained instructions from his Government on that (piestion. At this preliminary discussion it was decided ijrovisionally, in order to furnish ii basis for negotiation, ami without definitively i)ledging our (Joveruinenis, timt the space to be covered by the proposed Convention should be the sea between America and Russia north of the 47th degree of latitude; that the close time shnuM extend from the ICth April to the 1st November; that during that lime the slaughter of all seals should be forbidden ; and vessels engaged in it should be liable to si'i/.ure by the ciiiizers of .-(My of the three Powers, and should be taken (o the port of their own nationality for condemnation; that the trallic in arms, alcohol, and powder should be prohiliilcd in all the islands of those seas ; and that, as soon as the three i'owers had eoiieluded a Convention, they should join in submitting it for the assent of the other ^laritimc Powers of the northern seas. The United States' Charge d'Alfaires was exceedingly earnest in jiressiug on us the importance of dispatch on account of the inconceivable slaughter that hail been and was still going on in these seas. He stated that, in addition to the vast quantity brought to market, it was a common practice for those engaged in the trade to shoot all seals Ihev might meet in the open sea, and that of these a great number saidc, so (hat their skins could not be recovered. I am, &c. (Signed) SAF.ISHUiiY. • Alsi) 10 Sir L. West. 197 No. 122. The Marquis of Salishitnj to .S7r L. West. — {Siibslancc Icler/rnphcd.) Sir, Forciijn Office, April 17, ]8S8. IlEl! Majesty's Oovcrnincnt !ia\c li.id under consideration tlio jjartieulais received by thoni in ronard to the claims of Britisli seaiiiiii-vessels seized in I5elirinj;'s Sea, and warned off In- tlie t'nitcd States' autlioritics. Til 'J cnnsi' (Jovern- nicnt would ai;rec to the ai)i)ointment of a Mixed Commission, whose fnnctinns should be restricted to inquiriui;- whether any compensation is due, and, if so, liow much in each case. ! am, &c. (Signed, SALISBURY. marine league Foreign Office to Colonial Office.* Sir, Foreign Office, April 20, 1888. 1 .VM directed by the Marquis of Salisbury to transmit to you a copy of a despatch uliiih his Lordship has i.ddressed to IFer .Majesty's Ambassador at St. I'etersburi,'h and llor Majesty's Minister at AV'ashin;,'ton,t recording a conversation ho has had with the lliis^ian .Vndiassador and the United States' Change d'.VIl'aircs at this Court, on the -iiliject of tiie measures which might be adopted to check the indiscriminate slaughter of somIs in Behring's Sea. 1 am to reipiest that, in laying the inclosed despatch before Ilcr Majesty's Secretary lit State for the Colonics, you will move him to favour Lord Salisbury with any obscrva- ;ii)us he »:iay ha''c to offer upon the proposals discussed therein. 1 am, &c. (Signed^ JULL-VX PAUNCEFOTE. No. 121. Voloiii'il Office If) Foreign ()ffici\ — i Received .ipril 21.) Sir, Dciiniiiig Strre', April i?(l, 1SS8. W rril reference to your letter of the Htii instant, I am directed by Lord Knutsford to (rnnsuht to wm, t.i be laid before the Mar(|uis of Salisbury, for any (diservations niuih he may have to olVer. a copy of a telegram from the (Jovernor-Cciieral of • 'aiiiiila respecting the cn^Ci of the I'ritish sealers captured last year. I am, S:c. (Signed) JOHN 1!K.\MST0N. SALISBURY. Inclosure in No. 124. The .Marquis of Liinxdmrne to Lord Knut.''t'ord. (Telegraphic.) " April IS, 1888. IT seems very desirable time for appeal he extended as long as possible. United Slates' Govi'rnment should, in the interim, release vessels and skins on security abide by odiuliiions of negotiations. Owners would desire to appeal as last resort sliould negotia- tions fail. Alsi) li] lluiid (if Tr.iili' ail 1 AilMiiralli-. t N... 1-1 198 No. 126. *'/> L. West to the Marquis of iiniisbiinj. — (Received April 23.) My Lord, IViishinijtnn, April 11, 1888. AVri'H reference to my despntch of tlie (jtli instant, I have the lionour to inclose to your Lordsliip herewith cojjv of a jjrivate note wliich I have received from Mr. Bayard, repeafiiiy; what he liad told mo on the (ith instant, that no orders had heen issued tills year for the seizure of British sealinjj;-vessels in Behrin;;'s Sea. 1 have forwarded copy of Mr. Bayard's note to tiic Marquis of iiansdownc. 1 Iiave. &c. (Signed) L. S. SACKVILLE WEST. Inclosurc in No, 1L'.">. Mr. ntujanl to Sir L. West. Dear Sir Lionel, Department nf Stdfr, ll'ushiiKjtan, April 10, 1888. h'MFi'MM'lNG to our conversation held on the illh instant in a pergonal interview in relation to the Treasury orders for the seizure of British sealiUjii-vessels in Hchring's Sea i)y United States' I'evenuc cutters. I now ri'iicat, at your rei|ue.st, wiiat 1 then told you in reply to the nieinoranduni of in(|uiry hy Lord Salisbury, that no orders on the ■oubject rei'eired lo had heen issued thisyerr hy the Treasury T)ei)artnu'Mt. Very truly yours, (Signed) T. F. BAYAKlJ. No. 126. Coloninl Office to Forciijii Office. — (Rvcein-d April 24.) Sir, Doiniiiitj Street, April 24, 1888, WITH rclVrcncc to the previous correspondence relating to the seizure of British fishing-vessels in Ueliring's Sea by United States' crnizers, 1 am directed hy Lord Knutsford to transmit to you, to be laid before the Manjuis of Salisbury, a copy of a confidential des])at(!h received from the (Jovcrnor-(!eneral ot f'anada, inclosing copies of telegrams which have jiassed between his Lordsiiip and the Lieutenant-tJovcrnor of British Columbia res])ecting the arming of sealing-vcssels to resist capture by the United Slates' cini/ers. 1 am, iVc. (Signed) .lOIlN BKAMSTON. inclosurc 1 in No. 120. Tlie Miirriin's of Lansdowue to Lord Kiiulxford. My Ii(Md. Gorenwicitt Ihmse, Oltiiiai, Manli 20, ISSS. I HAVE till hcMiourto transmit, for your Lovd'hiji's inf aniatiuM, co|)ies of tilograius which I have received from tin; Lieutcnanl-tiovernor ol' jiritisii Coluiiibia, orted that, with a view to protecting their vessels and j)roperty from lawless (lesions of United Htates' f!overnm"nt, some persons, fitting out here for sealing, are iiriniiig their vessels and crews, anil uidess ])rotcctioM is alt'orded by imiierial (iovcrnment, MTious loss of i)roperty, and ])ossilily human life, may result. Dominion Government are therefore urged to lake such steps tor the i)rolcelion of British interests in llehring's Sea as iniiv he (k'cniud advisable. No. 127. LAMSTON. Admirnllii lo h'oreiijn Of/ire. — [Rrceivid .tjiiil 20.) Sir. Ailmlrnlh,, April 2."i, 1888. MV Lords Commissioners of the Admiralty have had under their consideration your letter of the 2nth instant, inclosing a copy of a despatch, dated the TUli instant, »hich iias been addressed hy Lord Salisbury to Her Majesty's Ambassador at St. Peters- liiugh and Iler Majesty's ^linistei at Washington in regard to the adoption of measures to cheek tlie iudiscriminate slaughter of seals in Hehring's Sea. 2. My Lords re(iuest that you will state to fjord Salisbury that their Lordships full iijiu'ur in the views .set forth in the inclosure to your letter now under reply. I am, &c. (Signed) EVAN MACGRKCIOU. No. 128. Colonial O/ficr In I'orrii/ii OJfire. — (lieceiccd April 2(1.) Sir, Doiniinij Slrffl, Ajiril 2o, ISSS. 1 AM directed by Lord Kiuitsford to acknowledge the receipt of your letter of the -Olii instant, transmittmg a copy of a despatch addressed to Iler Majesty's Ambassador ill St. IVtersburgh res|)ecting the proposed cstahlisinnent of a clo.se time for seals in Iteliring's Sen.* in reply, 1 am to inclose, for the inforuuitiou of the Munpiis of Salisbury, a copy of ilie exiemler of a telegram wiiieli uas sent to the Cioveruor-General of Canada, on his Liirilship's suggestion, iiKpiiring wlietiier the Dominion (iovernment were aware of any ehjeclion lo the proposed arrangement. 1 am also lo inclose a copy ol a despatch from l/ord Lnnsdowno, in the two I'liiicluding paragrajjiis of which he points out that tiie probable ellect of the proposed iliise time on ibe operations t)( the Canadian sealers would he to exclude tliem coni" |ilelely from the rights which they have until lately enjoyed without (|uestion or iiiiilestation. In tiiese eircunislanees, it is prohablo that the United States' proposals may not be » No. in. roo ncccptiHl !)}■ ( 'i\iiacla »'tliouL rostirvo, and Lord Knid^-Ford would suggest tl'at, pi'iidiiig the rec'i'i|)t (if llio oljsorvalioiis of the Dominion Government in response to the invilatiim contained in iiis dos])ateli of the Stii ^farcli, retenvd to by Lord Lansdo\vi\e, no liiiid action .siioulil i)e taken in the matter. I am, iVe. (Signed) KOI5ERT G. W. IIEIIHERT. Inclosure 1 in No. 12S. I.fird. Kiuilsfitrd In the Miirijiiis of Litnsdoinie. My Lord, Domiing SIrcel, Ai-ril 2\, 18.S8. I ll.W'I'i the iiiinour to a('(|iiaint yiiu tiiat 1 have this day telei:;raphed to you, uitli reference to your des|)atch of the !)lli inslant, that nc:;otiations are proceedinj;' between Russia, iho rnit^d States, and (Jreat 15rilaiii with rci^ard to the establisinnent of a close time, dnriug whieli it woidd he unlawful to kill seals at sea, in any manner, to the north of the tTlli jiarallel of iatitndo between tlie coasts of Russia and America, and iiniuired whether y(an' (io\erninent was aware of any objection to the proposed arranirement. I added thr.l, "f course, as regards ranae of resistini;- the cruizers of the United States. I have forwarded to you by this mail copies of a telcfi'iam received from Sir L. West in reference to the probable action of these cruizers during' the i)resenl season, and of a tele{|;rani addressed to him by me in reply. I obscive that the iiifornialion obtained by Sir Lionel West from Mr. I'ayanl, which is the same as that coimminicated to me in your telegiaphic des])atch of tlie (Itli instant, is merely to the elfcct that no orders have been issued by the I'luted Slates for the capture n'l Ih'itish shiii-- ii>binj,'' in liic liehriug's Sea. 1 need scarcely point (tut that this is iKJl ccpiivaK'nt (o an assurance that such vessels will nut be molf-tcd except whcu found »iil]in the It-mile limit, and ib;it we are not informed whether any orders which have been already issued in this connection are or are not stdl in force. 1 nceil scarcely point out that the close time for seals, referred to in your lelegrain, is created muU'r a Statute of the United Stales, which is not obliiratory except upon the subjects of that Power. The propo.ial contained in the inclosure to your ('oiifidential despatch of ilio Stii Marcli, I88S, tor the adoption of a similar close season by British iishermi'M is at present receiving tin; careful consideration of my Government. Smdi a close tiiiH! could obviously not be imiiosed upon our fishermen without notice or without a fuller di' i-ussion than it has yet midergone. You are aware that, during the close time enfoic'il bv the I'nited States' Statute, the seals, although protected from slaughter hy the use of lirearnis, nuiy be killed in great iimnbers on their breeding-grounds by the persons who enjoy the monopoly of the trade under Concessions IVom the I'nited States' Government 'i'he rest of the year the.se animals are, according to ;\Ir. iJayard's .state- ment in his despatch of the 7th February, 1S8S, '"supposed to spend iii the n\}on sea ^onth (if the Aleutian Islands," where they are |)rohahly widely scattered ami diflicult to lind. It would ajipcar to follow that, if concurrent regulations based upon the .\nicricnn Law were to be aibipted by (Jreat jiritain and the United Stales, tlie |irivilegcs enjoyed by the citizens of the latter I'owcr woidd be little if at all curtailed, while British lishcrnicn 201 would find themselves completely excluded from the rights which until lately they have cnjovcd without <|ue8tion or molestation. Ill niakiiif? this observation I do not desire to intimate that my Government would he averse to entering into a reasonable agreement for protecting the fur-bearing animals of the i'arific coast from extermination, but merely that a one-sided restriction siR'li as that wliicli appeared to be suggested in your telegram could not be suddenly and arbitrarily enforced by my Governm^mt upon the fishermen or this country. I have, &c. (Signed) LANSDOWNE. Inclosure 3 in No. 128. Mr. J. Rohson to Sir J, Macdoimld, ('I'elographic.) Victoria, April 5, 1888, XS a warning, Lord liRnsdowiie's telegram to rjieutenaiit-Governor was published on 29th ultimo, and, [ believe, arming has been discontinued, but to avert serious trouble assurance of protection continues [?] essential. No. 129. Colonial Officn to Forei(/n Office. — Received April 28.) Doirniiiij Street, April 27, 1883. 'If reference to the letter from this JJcpartiuent of the 2''/tli instant, 1 am Sir, WIT directed by Lord Kiiutsford to transmit to you, to be laid before the Marquis of Salisbury, Dominion Ik'hriiig's Lord should be a telegram from the Governor-General of Canada, explaining the views of the (loverniiient with regard to the establishment of a close time fur seals in Sea. Knutbfoid would be glad to know what reply, if any, Lord Isalisbury thinks sent. I am, &c. (Signed) JOHN BRAMSTON. Inclosure in No. 120. The Marquis of Lansdowne to Lord Knuisford. (rejcgraphic.) {Received at the Coloiii(d Office, April 2"), 1888, 10' 10 r.M.) 11' ])roved to be necessaiy, Gaiiadian (iovernment will be ready to join other Govornnu'iits in adopting steps to prevent exterininatioii of fur-seals in Northern Pacific "eiTiii, but, before tinal agreement, dcKires full information and opportunity for con- sidi'ring operation of proposed close time. I'^stablishment of close time at sea only would give virtual monoiioly of seal (isheries to Kushiii and United States; the latter Power owns the most important breeding liliiti's, ill which close time would not operate. Higlits should be reserved for Canada of terminating arrangement after sutlicient notice, not exceeding two years. No. 130. The Marquis of Sutishurji to Sir L, \Ves:t. — {Substance tdf graphed.) ''ir. Foreiijn Office, April 2[), 1888. \\ rrH reference to Lord Lansdowne's des|)atcli of the 21st March," respecting j tlie lUiiriiig's Hea (atutiiry limitation in resjjcct of the time of entering such api)ea!s, yet as far as ,i;,'iceineiit of both ])arties may prevail in i)rocuring postponements of the arguments and lilcadings, after tlie appeal has been duly taken, I apprehend that there will be every ilisposition on the part of the prosecution to give time for diplomatic arrangement. Accc])t, &c. (Signed) T. F. BAYARD. No. 137. Erinirl from Ihis.iiiin Mcmnrandnm rrr/nrdinij llunthxj of Seals. — (Commitnicnted by ^f, de Hinnl to the MoKJuhi of Stilisbiiri), JuUj 25, 1888.) LKS endroits ou so pratique la cha.sse aux otarics pcuvcnt se diviscr en deux ^roupes distincts : — I'lcniipr groiipc comprcndrait — Ill's lies rriliyloH'ion I'nonne li'ia siibi lc nonihrc des otaries extcrniiiices pendant ccs deux amices: - Vm 18(17, le nombre des olarics tuees sur les Isles i'rihvlotl' elait do lO.OiKi; pu IS'liS, do 242.000; et en IHCiiJ. de 87,000. Sur les lies du Commandeur on avait tiid Tannic 1807, 4,000 otaries: I'anne'c 1808, l-'/iOO; rann(5e 1800, 21,000; et I'annc^e 1870, 27,000. 200 Ci' ri'ost (|iio IVloiKni'liu'nt dt- ces ilos de.s contrcjcs liabitces et Ic iioiubre miiiiinc du Iti populiilioii locnlu (|ui a cmpc'c'lic In dcslructii)!! coniplMc de cc» phocncuH. Pour inettrc f'm a ccs nbiis, Ic Ooiivorneiiu'nt des Rtats-lIiiisd'Am(iriquc concdda en 187'> i\ 111 Compiiiiiiii' dc Coiimu'ico d'Alinska lo droit d'exi)loiter la dmssc des otarioa 8ur les lies I'ribyloll' pendant viiii;t aiis. La meiiic Compngiiie. niais sous un autre nom. obtint uuo autorisation analogue du Gouvernemcnt llusse pour la cliasse des otaries sur les Isles du Commandeur et dc8 Phoqucs, pour la nienie periode de vinfit ans, ;> pnrtir du IP Fdvrier, 1871. Ainsi, nous voyons <|u'un monopolo prive a etc concede sur les lies frdquentdes par les otaries trois ans a peine apres I'expiration de cclui do la Conipagnie Uusso- Americaine. Cc monopole a (5te reconnu neccssaire pour les deux Gouvcmements il la suite dca conclusions des Commissions Riisse et Americaine, institutes dans le but detudier la question de la cliasse aux otaries et Ic moyeii de pr''!;ervcr ces aniinaux d'une destruction complete. D'apris le Contrat par le Gouvernemcnt Ilussc, lo nombre des otaries que la Com. pagnio a le droit de tucr est regie ebaquc annec par les autoritos Russes locales. La chasse no peut etre pratique (pie par les indigenes, cxccpte sur I'lle des Phoquca, oi!l la Compagnie peut employer ses proprcs ebasseurs, I'ilc n'etant pas Imbitdo. En Lcbangc de cbaque peau la Compagnio doit payer aux indigenes un certain prix prevu par le Contrat. L'e'potpie de hi ehassc est strietement limitdc. Ce ([ui fait le plus de tort an developpeincnt du nombre des otaries c'est la chasse illicitc qui sc pratique tant en pleinc mcr (pic sur les lies .laponaises et quelquefois sur I'lle des Phoqucs aprus le dt'jpart du batiment de la Compagnie, ce qui arrive g(;n(5rale- mcnt vers la mi-Oetobrc. D'apres les Rapports des Douancs Japonaises il a 6t6 import(5 au Japon, pendant ranmie 1884, ;},400 peaux d'otaries r(isultant do cc genre de braconnagc; ce qui ferait 50 pour cent sur toutes ics to. ■• I'-es d'otaries cxport(5c3 du Japon. Jusqu'A 1862 il n'existait pas dans ce pays de loi prohibant la chasse des otaries. En 18G2 unc Loi d(jtcndant cette chasse a dte pri/mulguce sans eflet, les lies nV'tant pas suffisamment gard(ics contre I'invasion des bracor.niers. En autonnie les otaries quittcnt la tcrre fernic et se dirigent au sud des lies Al(30uces, oil dies sejournent le reste de Tannic en pleine mer, C'est alors ([u'ellcs sont cxposijcs aux atta(iucs des niivires arnie's en chasse qui les dctruisent par tous les moycns : amies a feu, filets, harpons, &c., sans distinction entie les nifdes et les fenielles pleinea. II n'y a qu'un tiers seuloment des animaux tuds de la sorte qui est utilis(5, le reste sc pcrd sans le moindrc profit. C'est a ce genre de proct^dtj qu'on attribue la disparition A pcu intia compete des otaries sur les ciUes du Chili et de I'Afriquc Mi'ridionalc, ainsi que sur les lies de Falkland. On a peur que le nieine sort no soit r(jserv(j aux ilcs de la Mer de Beliring, h tnoina que des nicsurcs cfficaces nc soicnt adopt(jcs ii brcf diJlai pour prot(!'ger les otaries. (Translation.) THE places where fur-seal hunting takes place can be divided into two distinct groups : — Number of Fur-Seal« killed in 1KK5. Tlic first [;rou[) would include — Tlic I'ribylolT Ifliinds in Itelii-iiig's Rra .. ,. The Comnmndcr Islands (lii.'liriti;; anil t'oppi r Islands.) .. The iScal Islands (t^ea of Okhotsk) .. 100,00(1 ■15,000 ■1,000 119,000 The second uronp — Till' sua udjiiinin); lliu coasts iif Victmiii Lolias . , Till' islands near Cajic lliirii and the iSoulh I'lilur Sea . . The Cape ul' Goiid Ho[ic ,, ,, ,, The .Japanese Islands , , , , , , •JO.OOO 1 .'1,000 10,000 5,0OU 7,000 57,000 S07 two distinct In the first group the number of fur-seals killed annually is niiich larger Ihan in the second group. Hunting is conducted on rational bases, i.e., that otdy siicii fur-seals nro killed as are useful for commercial [lurposes, seals of u certain si/e, of the male sex, mid at a lime of year when the fur has the most commercial value. In additicn, tiie hmltin^' is rcf^ulated in such a way that the nund)erof fur-seals which frc(|uent the islands, far from diminishing, increases every year. In the second group hunting is carried on under no system. Male and female fur-seals of every nge are killed, without regard to the season of the year. In consequence of this destructive method, and the absence of protective laws, the complete disapix'arance of the fur-seids from these shores is to l)c apprehended. As a jiroof, it is stated that millions of fur-seals were found formerly in pluccs in the second grou]) where hut a few thousands are killed now. The period which followed the expiration of the Concession accorded to the Russo- American Company for hunting on the Pribylofl" and Cotnmander Islands clearly showed the injurious eflect of unrestricted hunting on the development and multiplication of fur-seals. After the (!X])iration of this Concession the islands became a prey to the first comer, and the following figures show the enormous increase in the number of fur-seals exterminated during these two years ; — In 18C7 the number of fur-seals killed on the IVibylofT Islands was 40,000 ; in ISGS, 242,000; and in 1809, 87,000. On the Commander Islands 4,000 fur-seals were killed in lHCt7 ; 12,000 in 1868; 21,000 in 18f!9; and 27,000 in 1870. The complete extermination of the seal species was only prevented by the distance of these islands from inhabited countries, and the limited numbers of the local population. To ])ut an end to these abuses the United States' Government conceded, in 1870, to the Commercial Comi)auy of Alaska the right to fur-seal hunting on the PribyloH' Islands for twenty years. The same Company, under a diderent name, obtained a similar authorization from the Russian Government to hunt fur-seals on the Commander and Seal Islands for the same period of twenty years from the I8tli February, 1871. It is thus seen that a private monopoly was conceded on the islands fi'ecjuentcd by the fur-seals hardly three years after the expiration of that ot' the Russo-Au\crican Company. Tliis monopoly was recognized to be necessary by the two Governments in consequence of the conclusions of the Russian and American Commissions which were appointed for the purpose of examining the question of fur-seal hunting and the means of jireserving these animals from complete destruction. According to the terms of the Russian Contract, the nuudier of seals which the ('onipnny has the right of killing is regulated every year by the local Russian authorities. Hunting can only be carried on bv the inhabitants, except on Seal Island, where the Company can employ its own hunters, the island being uninhabited. In exchange for each skin the Company must pay the natives a certain price as provided for in the Contract. The season of hunting is strictly limited. What most hinders the increase of the fur-seals is the illicit hunting which takes place in the open sea, as well as on the J."; , .^!,c Islands and sometimes on Seal Island after the departure of the Comjiany's ship, which takes place generally about the middle of October. According to the Jajjanese Customs Reports, .'{jlOO fur-seal skins, which represent the produce of this kind of poaching, were imported into .Japan in 1884, which nniounts to 50 per cent, of all the seal-furs exported from Japan. Till 1862 there was no law in this country prohibiting fur-seal hunting. In 1862 a \m\ was passed forbidding it, but without cfTect, as the islands were not sufficiently (Id'ended against the inroads of |)oachers. In the autunm the fur-seals leave the land and make for the south of the Aleutian Islands, where they stay for the rest of the year in the 0])en sea. It is then that they are exposed to the attacks of ships ecpiipped for the hunt which destroy them by every means, fire-arms, nets, harpoons, &c., without distinguishing males from females with young. Only a third of the animals killed in this way are utilized ; the rest are lost without any profit, It is to these proceedings that the almost complete disappearance of fur-seals from the coasts of Chile and South Africa, as well as from the Falkland Islands, is to be attributed. It is to be feared that the same fate is reserved for the islands of the Behring's Sea unless efficacious measures are shortly adopted to protect the fur-seals. 208 No. 13S, Colonial Office to Fon'i, ISS-i, WITH rt'fcront'i' to iirovioiis corrospoiKk'ncf rcsiu'ctinjr tin- sciziiri' of IJriti'.li sL'iiliiif,'-vi'ssi'ls ill till- Itoliriiin's Sini, 1 inn dircftod i)v Lord Iviiiitsl'ord to traiisinit lo yon, to 1)1' laid hcforo tlu- Martinis of Salishiiry, a copv of a di'spatoli from tiic (iovoriior- Gt'iieral of Canada, «itli its inclosnres, ndaliiij; to tlu- circnnistaiici's in wiiicli tlie Hchooner " \V. P. Sayward " uas roicased under bond at Sitka. I am, &c. (Si.i;nod) JOHN I{]lA]\ISTOX. Inclosiiri' I ill No. 13!:'. Lnid Sliiiilfij (if Prvsloii lo Lord h'lnil.tford. 'My Lord, Cascdpi-dia River, Xew Richmond, Jniir '2o, 1H88. WITH refercni'e to previous correspondence upon tiie sulyei'i, I liave tiie lionoiir to transmit to your Lordsiiip a copy of an approved Minute of the Privy Council of Canada submitting a copy of a letter from the attorney of Captain J. U. Warren with reference to the circumstances under wliicli the seized sealinjf.schooiier "W. P. Sayward " was released under bond at Sitka. I have, &c. (Signed) STANLEY OF PRESTON. liiclosure 2 In No. 138. Report of a Committee of the Honotirahle the Privi/ Council, approved bij his Excellency the Governor-General In Council on the 2l.v< June, 1888. ON a Memorandum dated the i)th June, 1888, from the Minister of Marine and Fisheries, submitting the accomjianying letter from the attorney of Mr. J. D. AVarren with reference to the cireuinstai..'c' under wliich the seized sealing-schooner " \V. P. Sayward " was released under 'loi.d at Sitka, and recommending that the same lie forwarded to the Principal Secrftary I't State for the Colonies for the information of Her Majesty's Government. The Committee advise tliai ^ our Excellency he moved to forward a copy hereof to the Right Honourable the Secretary of State for the Colonies. All which is respectfully submitted. (Signed) JOHN J. MctJEE, Clerk, Pririj Council, Inclosurc 3 in No. 138. Mr. Beli/ea to Mr. Tillon. Dear Sir, Ottawa, Ontario, Mai/ 23, 1888. I AJl in receipt of a letter from Captain J. D. Warren, of Victoria, liritisli Columbia, under date the 16th instant, in which he informs me of tlie circumstances under which the seized sealing-schooner " W. P. Sayward " was released under bond. He had gone to Sitka to secure, if jjossible, the release of all the schooners seized in 1887, viz.: the " (irace," "Dolphin," "Anna Beck," " W. P. Sayward," and '^ Ada." The bond on release was conditioned on prosecuting an appeal from the Alaska District Court to the Supreme Court of the United States. The formal motion thus became one " for leave to perfect an appeal," and such motion for each of tlie vessels was made on the Htli April last before Judge Dan son at Sitka, and in every case refused, on the grounds tiiat the time for allowing an appeal had expired. ( 'aptain Warren's counsel then applied for a record of Die order refusing leave to appeal. This was on Saturday. On Monday following, the IGth April, without any ajiplication therefor by the defendant or any one on his behalf, Judge Dawson offered to rescind the order of Saturday in the case of the " W. P. Sayward," and rcleaso her to her owners. She was 2M'.t llicii luiii: III l'ii<.^'l°s Soiiiiil. miller iiii oiiIim' I'nr miIc oii llial il.iv, (lie iiU'cr was iir('0|iliMl icoiitraiy, as Cuptnin Warrcii siv>, to tin' cxpcctiiiiniis ol' i|ii> |'iiil;'(l Si;iti'>" aiillmriliiM »l ilka), :r"l the orilci' of llic |iri'\iniis Satiir.liiv ii'-i'liiJi"! ami |i'a\" ii;iMiili'il l'> a|ipiMl. I inn liiil inron. It'll ll> In tlic :iiiiiilllil ul llir liniiil Till' I'liiti'il Stale-.' Mm -li:il iil Silkn lias liecii (iiileieil In lake icmaiiiiii^- si'lidoncrH, \iz.. tile ••(Iriu'c," " |)()I]iliiii.'' •• Aiinii I'.cek,"' ami •■ Aila.' I'l l'iii;('t';- Soiiiiil Inr iiniilP- i|i:iti' sale. 'riie st'liiiiiiii'i's ■ Tliiiiiitoii," '• < liiuaril," anil •• ('aiiileiia."' seizeil in is.sij iiiul Ic'l't. ill Oinialaska, liavu lieeii, as voii are awnre. ofU'reil lo (ho (nviiers as tliey now nro. All three arc iii;;li up on tiic lieaeliaiid practieallv worlliless. 'I'lie rniteij States' autlioriticn Milil evci'vlliin^ ill uiiil on (licsc vessels lliat would lirinf? a dollar, and then atluuiptcil to ciiiilracl till- t.ikin-j; ot (lie liiills to Sail I'laiieiseo to lie (lioro sold. JMiidiii;; this would eo>t more (liaii the daiiia;;ed liulls would sell for. they oli'ered to <:\\f the vessels up (o their owners, ami liai! an order to thai eU'eet issued. Captain Warren sa_\s it is out ol' the ipnstion In :;o to Oiiiialaska for these vessels, I niav add that (lit "Savward " is now in ]iossessioii of her owners. Very faithfully. &('. (Signed » A. 1.. HHhYKA, Atlnnifi/ for ,/. /). tVnrren. No. 13!). Mr. Phelps lo llii- Miirtjiil.i nf l^allshury. — (lirceiced Jnhj 30.) as iiuituallv Iiclieved (Mat an e.irly ai,'r('enii'iil iiiil;IiI he arrivcil a(. r am .sure your Jjordship will eoneiir \vi(li nie in eoneeivint,' il to he for tlut inlerest ol' all iiartie.s (hat a eoncliision slniiild h. 'reached as sunn as possihle. And my (loveriiincn( ii:struc(s ine res|icc( fully to urge upon Her .Maji;s(y's (Joverniuent the jiropriely, under existin;; cireuiiistances, id' inimediale acdon. I understand (he Russian (iovernmeiit (o lie prepared to concur In the proposf^l (iiiivenlion as soon as tiie other ( lovernnients coueerued are ready (o assent to it. I have, &c. (Signed) J'. ,]. rjii:!,i'R. rrcu s counsel Xo. 11(1. C.'i)lijiii(ll Offirr Id luiriiijii l)(fin\ — [ I'crriii'd .iii(/iisl ] .) Sir. Doiniinij ShrrI, Aiujiist 1, IHSS. I \ .\l directed h\ Lord iMiulsjnrd In Iraiisiail to umi, (n he laid hel'orc (Ik; .\l.-iiipiis of Sidisliury, a telen-ratii reeeiNcd trniii the ( Invei nor-( leiieral of Canad.'i ivspeeliuL,' (he propos(>(l sale liy (he liiiled Males' aiilliorilies of (he sealiim-vcssesl '•-'iiiiia lieek," Jlnlphin," "(iraee," jiiid '• .\ila," sci/ed last year in Heliiiuu's Si'a. Lni'd Salishiiry \\ill ohserM' (lia( the ( ioveninient ofCanada iu'v;i' iliat (he I'liiled Stales' (ln\eriiineii( may lie reijiiesled liy Her .Majes(y's ( invcriiiiieiit (o post pone the s.de of the condemned vessels ]i('iHliiii,' (he sel'.!em('ii( of the i|uestion as to the lethality 111' (heir sei/ure. i.nrd Knii(srord (rusts that Lord S.-ilisliury will, as snoa as piaelieahle, make such eiiinmiiiiic.'ilion as may he ])ro|)er to the InKeil S(ates' < iovrnmeid w il!i a view (o •/wv elVeel to (he wishes of (he huminion Go\ erimieiil. II will he seen (lia( the nia((cr is urgent. I am. kv. iSiunedi .lOlLN UliA^lS'l'ON. [1-23] 2 M 210 Inclosurc in No. MO. Lunl l^lKiiIry (if Preston In Lord Knnlsfnrd. ('relon;raiiliic.) ./«/// oO, IS^ss, Till'] sealiiiij-sdioonors " Anna Beck,"' " Dolpliin," '■' Grace," and " Atla," wliiol, wcro soi/A'd in ] hs't m tlio Helirinf^'s Sea, aro now hmv^ removed to I'oil Townsend, l'in.'ci Sonnd, Ironi Sitka, in order (o l)e sold by tin; I'liited States' Alarslial of Aiiiska, TIh .hidi,'e of the I^istri(^t Court of Alaska has declined to iieriiiit the owners tn hoiul llir TPss(?ls, ifiviiii; as ;i reason that their ajiplicatitni is too l;ite. .My .Ministers iccoiniiieii!l that the Tni])erial Cio\ernnient he nuvid to ask I'or the interposition ol' the Liiili'il States' (lovornnient I'or a ])osfj)onenn'nt ol' tlic sale of tiie condennicd vessels pendiii.; the settlement ol' the ([uestion eoncerniinj; the legality of their seizure. I'ray obiaii thi* if |)ossihle. On acconnt ol' time (he (|iiestion is orirent. No. 1 tl. Till' Miirqui.s nf ,':ial!sliuri/ la i>ir L. W'cxt. — (Siihstanrc lclri/i-(iji/ii'il.) Sir, Fonif/ii Ofllrc, Aiiijiisi 2, Ihs^-. Til]] Governor-(ieneral ol' (^maila hiis inTonncd the Secretary nl' ^Jtate I'oi- tin- ('olonics, hy telegra])h, that the sealini^-vessels ''Anna ISeck," " D.ilphin,'' "(iraee," and '"Ada," which Averc .seized last year in Hidu'niij's Sea by the I'nited ,Siatl■^' anthorilies, are now beini^ taken to Port Townsend I'or s:de by the United Stat('>' .Marsiial of Alaska, and tliat the .rud!;fO of the .Vlaska District Conrt has refused m allow the owners to bond their vi!ssels, i^iviuj; as his retuson liiat (iu- application !'j- permission to do so was made too late. I have to reipK.'st you to ask tin; United Stales' (ioveriinient to poNtpoiie ihe sal of these vessels until tin; ((uestion as to the. legalitv of their se-izun- has hern scllhil. I am, \c. fSi-ncd) SALlSlU'in. Xo. 1 [-2. Thr Mdiijitis (if Sillislntni id Mr. PlflpK. Sir, Foreiijn Office, August 2, IsS'^. I 11AVI-; the honour to aeknow ledu-e the receipt of your letter of the •JSth ulliiiH'. callins; attention to tIuM[Ues(iiiu of the ])rop(ised (^)nveution between this eomitiy. the United Sl:ites, and I'ussia I'm' the proteelion lA' the seal lisherics i.'i Hehrin:i''> Sea, and 1 be^' leave to say that I ho|)e shortly to be able lo addiess to you a fiu'lliti- eommmiii'atioH on the subject. I have, iVc. (Si^med) SALISlU'IiV. Ao. I I.'!. Foreli/ii Ctljii-i' In I'olnniiil ()//iie. Sir, h'lireii/ii ()//ire, .liii/iist 2. 1SS>^ llEJ'MvlUlING til yfi'ri you will move him to uivo as early a consideration as possible to .Mr. I'liilii- commnnieation. 1 am, iSic. (SiRucd) .lUi.IA^i rAUNCHl'OTi;. • .No. uy. c L'!l Xo. Ml. Fnrriijii Oj/lrr la ('olmual Offlrr. ns Forcujii Office, Anijiinl 3, 1888. [ LAID hd'oic; )lio .M;ir(|iiis (if Salisliiiry your Icllfr of tli(! 1st iiislaiit, iiiclosini? •1 irlcurntii friiin the (iovcriior-CjlpncTiil ol' riiiiada rcportinir tlio intention of the Initcd St;it('s' antlioi'ities to sell tlic scalinLr-vcsscls " Anna ]?ock." " l)ol])liin." " Gi'aco," and "Ada," seized last year in Uehrinn's Sea. T nni direc'teil l)y liis fyonlslii]) to slate that, in accoi'dance witii T,oi(l Knnlslord's (|(-ire. lici' Alajesfy's Aliin'ster at A\'asliinL;ton was inslmeted liy telegraph on the :;n(l iirlant to ask the i'nited Slates' (loverunieiil to |)ost])one th(! sale ol' these vcssids [!• i.diiiii- a sottlcnieiit ol' the (jiieslion as to the lei:alit\ ol' the scdzuro. I am, &('. rsi-ned) .lULlAX I'AUNCEJ'OTE. No. 1 15. Ciilonial Office lo Forciija Office. — (Hereived Ampi.^l 10.) '^ii', _ Ddiniimj Street, Au(/ii.st 10, 1 SSS. TN re])ly to your letter of the 2nd inslant. rcu'wardini,' a nolo I'roni the Anicriean Minister at this Court iirifini:,' the early consideration of the (|uestion of establisliiui,' a close thiie for seals in 15eluini,'"s Sea, 1 am diroeted hy Lord Kmilslord lo transmit to you, for the information of the ]\raninis tif Salislmry, eopy of telegra|)liie eorre- rii:n,i Street. Aitqnst H, ^m9,. I .VrrKl) 8TATi>" (loverjin-M'nt j)ressinii- for early reply (niestion" of close time Hfliniiu's Sea. \\\wn may l!e])ort \k expeeled froni yo'ur Ministers? Inclosiue 2 in Xo. 1 \'j. Lord floj?mj)liic.) ' Axijuat |., IHSS. AVITU rcferonc'c to inv t('l('2;i'ain of tlm .'iOtli July, I am infoniKMl by tli(> Ministcf of Fisliori.'s tliat Iho scliomicrs " noliihin," "nracc,'' '-Ada," and "Anna Reck " will Ijc sold at I'oi't, Townscnd, in WasliinLjton 'IVrritory, on tlii! 22nd Ani^nst. Tnuncdiato intervention ol' Home (Jovcrnnicnt, as ])ivviously asked for, is earnestly n'questod. Iiiclosure 2 in No. 1 1.0. Lord Knulsford to Lord '■^linihi/ nf Prrston. (Tolcijrapliic.) JhnmiiKj Slircl, Ani/n': 7. l!^^"'. 1 llAVI'] reeeived your ti'lct;ram of Mli August. Instruetions sent 'in! Ai- '• to ll(!r ^fajesty's Minister at \Vasliini;ton to ask United States' ("iovei'i! ••..■;.' , , pendin!» settlement of ipiestion of legality of seizure, sal(> of vessels iniqli! tie ]i()st- poned. No. 147. Colonial Office lo h'o^'ciijii Officr. — [lli-reivrd Aii/jiisl IH.) Sir, Downing Sli-eet, Ait/jiisl 18, iShs. Wrrif reference to the l(;tter fro)u tliis Departnient of the lOfh instant, 1 am directed hy Lord Knulsford to transmit to you, to he laid before the .\Iar(]uis of Salisbury, a ('o])y of a di'spatch from the f iovernor-deneral of Canadn. furuardiii',' ;i Minute of his I'rivy Council on the subject of the proposal of the United States' Cov(.'rnnient for the establishment of a closci time for seals in liehring's Se:i. in view of the explanati(nis of the Dominion (ioverinnent, which state very clearly the sfronn' objections to the pro[)osed close season, it appears to Lord Knutsl'nnl that it will be necessary for the United States' (Jovcrnmeni. to make some moililicd proposal if the nei,'oti;itions are to lm\o any useful result. I am, &e. (Si!,mrd) ,J8. 'I'll I'l ('(uumitlci' of the I'rivy Council ha\,! had uiider consideration a despalcli, dated the Sth .March, Isss, Trom the llight liU(iol ;! sill Ulll, atlei L*! «'^, •> 213 / 1., IHSS. he ^liiiistcr Hir.k " will is oarni'stlv A Xv fill! Ill' )i()st- s/ 18, IHHS. instant, I am (> Miivqnis of fm-WMrdin;: a Llniti'd States' Si'ii. \d\ stat(> \i'Y} onl Kimtsl'iml soniy n\nilifi('(l U.VMSTON. w vh last, li-uis- till! Aini'rii'an Hi: in Hi'livii'u;'s ulcdltli'' I'r y LL'i'ios prol"'- iMti'.s'ro;' iprorcd hij hi'' I s^8. it inn a (losiiali'li. •ret my i)l' f^'i'''' II Ollicc, Willi ;i i, pn)l)i>-al I'l'i'ii' Mr. Secretary Hayanl foi" tiio establislunent. dI' n closn season Inr ihc s;"il lisliini; in and near I{elirin!j;'s Sea, in extend t'loni Ww. ].")tli April to the 1st Noveniher ol' cacli year, and to li(! operative in tin' waters lyin^c north oi' lalitinh' uO" north and hetween longi- tude ]()<)" west and 17')' cast I'roni (ireeiiwieh, in which despatcdi l-ord Knntsl'onl asks Id he favoured with any oliscrvatinns which the Canadian (iovernment may have to direr on the suhject. 'I'lie .Minister of .Marine and I'isheries, to whom t';c said despaleli and iiiclosures were relcii-ed, snliinil'. a IJeport Ihei'con, dated the 7th duly, isss, piolesliiiL? a'^'iiinst Mr. ISayard's proposal as an inijust ;ind nnneecssmy interlerenee willi, or rather pro- liihilion ol', rights so lonu; enjoyed to a lawful and reniuueritive oceui):ition upon tho liiuh seas. 'i'ho ("oinniittee cjneur in the said lleport, and advise that a copy tliei'eof, and of this Minute, if apj)r:)ved, be transmitted hy your Excellency to the I'i'^'ht Honourable the Seerct'irv of State for the Colonies. (Si-n(d) JOHN J. .McGEE, Clerk, Prinj Council, Canada. Inclosure .'$ in No. 117. Miiiiilr, Di'ltitrhninil of Murine and l\Klieiies, ('(taada, 0ilmni,Julii 1, 18'''8. 'I'lIlO Undersigned has the honour to submit, for the consideration of tho (Invernor-ticncral in Council, the followim,' (d)serv;itions in reply to a (lespat(dl from liord kniilst'ord to Lord j/insdo.vne, dated the ^tli .Mai'ch, IH'^s, aiid inclosiiii^a pro- |)dval IVoni Afr. SeeretaiT Mayard for the esiablishnient of a close season foi' the seal ti^liiiiLr in and near l!rluinL;;'s Sea, to extend from the l.'itli April to the l^t November df each year, and to be opci'ative in the Avaters lyinu; north ol latitu(h' 'i^f north and lirlween loniritudc Kit) west and longitude 170' east from (ireenwich. I'el'ore entcrin;-; ujioii the discussion of this proposition, the Minister desires to rail attention to a sentence in !» letter from Lord Sidisbnry to Sir l>. S. AVi'st, dated li .' 'l-w\ I'eln'uary, 1>^SS, and forming; a pail of (he above-mentioned despatch, in .\l ich Lord Salisliury says: — ' Tlie I'liited States' M inister called to-day at the I'di'eiun ( )lliee and spuke to mc , iidul the (ptestion of the I'nr seals in liehriii!::'s Sea. lie said that the dillieulties in i;.uil to the seal lisln'ries in that sea were mainly connected with the (piestiou of tho lid'-.: time, and that no attem[it had been made by the aiitlmi-ilies of the I'niled States 'm st |i ih(; lisliinu; tliei'c of any vessels at thi' time when it Mas Icijitimate." Ihis clearly implic^s that Lord Salisbury had been led by the United States' Minister to believe tli.it there? is a jixcd close and open season lor the killini^of seals in ISchriu'^'s Sea which is common to all vessels of all nalionalitie--, and that during; tho d]iiii season these m;y lc;;ilimutcly and without molestation pursue tho business of eatehini^ seals. The facts of t he case .appear to be that w it hin t hi' limits i;!' the Territory of Al;iska, \vh:<'h by tho Inited States' contention includes the waters of licbrlnn's Se.a as far westward as a line drawn from a p')int in I ieh ring's Str.'iits south-west to the meridian of liiiiLjilude 17-'> west, the killim,' of fnr-bearinir animals, amoiiu'st, which the seal is iiielui.led, is prohibited by l.'iw ; that repeated warnin'^'s lo this ('ilci't have been u;iveii liy the United States' autliorities, and that vessels lioth of Canada and the L'nited State., hiivo within the |)ast two years been seized jind condemned for killing; seals v.ilhin these waters. W also appears that in the Islands of St. tleoruc .ind St. Paul, ihirni:,' tin; months (»f ,luue, duly, Sept(.'niber. and October of c.ieb yi'ar, the! United .''tales' (Iovernment allows the slaiC'liN'r of seals to Ihe nun\ber of 10(1, (lOD bv certain tl citi/.ens of that counh'v knii iiioiiii|iiily the United Slates' (iovernment is :'iili,ii(iO ilollars. IS the Al.'iska Commercial Company, for which p;iid I vearlv revi'nue o f more t liin Al no season of Ihe year, and to no other persons uhatever, is it permitted lo kili !i siiiirji. seal within what is claimed as the limits of tho 'Territory of .Vlaska. It is ivideut, therefore, tli.'it there is no part of the voar when citizens of any countrv. with tl ■ ■ ■■ - ...•-..■... le sole exception cd' (he Alaska C 'ial t'ompany, can Ic^itim.itely kill seals within tho limits named; and when .Mr. 1 helps stated to Lord Saliduiry that no lltte nipt had been made by the iiuthorities of tho United States to stop the lishiuy; there 214, of any vessels at llio time wlicii it was Ici^itiniate, " liis statement should lie read in conjuiictioii witii the I'aet tliat *liere is no jieriod of the year when it is lei^itimate for any vessels to tish I'or seals in the watei's of Ahiska. Till! |)ro]i()sal to lix a close time is hased by ^Ir. Bayard njioii the allei,'e(l neces-ity of iinmediale nieasuics to jireveiit the deslriietioii ol' the seil llsliery in Behrinii''s Sea and tlie North i'ueille Ocean. It is not deal' I'roni any iiirorniation at |iresent jiossessed tliat any pressian' anil absolute necessity exists for any such measures, so far as shown by tiie iiresent condition of tliat lishery in the Nortli I'aeific. From a liepirt made by the Siiecial United Slates' TreasuiA AL?ent in Alaska,* dated tli(; .!s -luly, 18^7, i( apjiears : — 1. Til. but yoniiLC male seals are allowed to be killed on ihe I'ribylnlV Islands, and i only 1U(I,()()() annually. 2. That ;, fnl nieasureiuent of the breedinu; I'ookerio on Si. I'.iiil and St. Gei.ivu'e Islands showed (),.'id7,7"i'> seals, ex(diisive of voiini!; mail's. .'5. 'I'li.at 00 jier cent, of llie |nn)s bred by tliive u;o int.) the water, leuvim;' a mortality of but ]() ]ier cent, at the place of breeding'. I. 'lint fully one-haU" ol' th(> above 00 per cent, id' pups returned the I'ollowiii^' year as yearling's to the rookeries, leavinu' thus a total mui'lalit\ ol' l") per cent, from various causes at sea. It needs but a slii^'ht consideration of these fii^ures to demonstrate that au addition of millions i\aeli year must be ijiade to tin" survivinu; seal life in the N'mlli I'acilie Ocean. The Au'cnt ie h\< I'eporl says: " 'J'liis \ast number of animals, so ^-.hiable to tlir • iovornment. are still on the increase. Tin! condition of all the rookeries could not l>r better." Aijainst the enormous yearly inia'easc ol' seal life may be placed the average annual -lauuhter as i;iven in the Alemorandum attached to .Mr. IJayaid's letter, viz., 102,.lr.j7 lor the \^]lole world, or for the seals near to J5elirinn''s sea as follows ; — Vriliyloir I-lamls (.'!' .. !)l,!)(i7 1 1 ,s!);; ■I (MIO '.'.j.doe Ii;.'<,8(i() With an nnmuil char inei'case of millions, and an amiiial slaunliler of less thai. 200,0(11) in the North I'acillc Ocean, it surely cannot be contended that tlier*; is any necessity for such striiej^cnt and exelusi\e nu'asures as the one proposed in ordei' to reserve the seal tisliery from threatened destruction. Not only would il appear that it ted, and a continual increase ol' the tot;il mini her m that this annual take mi'dit be manv time.'- the |)resent rate of catch could be])( of .seals bo assured, but il would multiplied Avithout serious fears ol' exhaustion so loii!^ as the jirescnt conditions of brccdini; on the I'ribylolV Islands are jireserved. 'Ilie time jiroposed as (dose months deserves <'onsidei'al ion, vi/. loth April to the 1st November. l'"or all ])ractic,al ])nrposes, so l';ir as Caniul lan sealers are I'criKMl, il ini;:lil as d from the 1st .laniiarv to tin ;ilst 1 )ei lb: It is a well-known fact that seals do not beuin to enter the I'ehriii'^-'s Se;i until the middle or cud of .May; they hav(! ])i'actieally all left those? waters by the end ol Oclolier. 'I he establishment of the projioscd close, seasoti, therefore, jirohibils tin takint; of seals durins the whole year. Even in that case, if it were proiiosed to make this (dosi; season operative for all on the fshinds of St. I'aul and St. (ieoriie as we] in llie wa lers of the liehrin'^'s Sea, it could at least be .said that tl ose time wouhl bear ('(inallv on all. I'ut t lie T'liited States' (iovernmcnt iiroiio^i' tn .-illow seals to he killed hv tin own cili/eii'^ on lh(> rookeries, the only |)laees where they haul out in Alaska, d unii'' I tine, uly, Si'pleinbei', and <)eiober, four of the months of the proposed close .season. lit d be that while all others would I' ileil I roll! lulliii il would be tl 's Sea, the United Slates would ])ossess a complete monojioly, and llieell'ecl dcr infinitely more valuable and maintain in jicrpet aily the seal lisheries of the .North raeilic for Ihi^ sole benelil of the United States, It is to be noted that the area jiroposed by Air. Itayard to bo alVocted by the eln • Executive Dofiinii'iit No. ill, .'jOtli Congress, lit Susiion. uill noil .'llid plJSSC »()llli pri'\i area h|ii'ai' tllCM" yet it iiilei iiii'tl and lIMIlll uilh, (ii'cni 21fi soason virtual'" covers tin' wlioli' iiortioii of tlio IJchrini^'s Sea in which thc'cxclusive liijlit of sealing; lias, diiriiii? l^isi; and ]^^S7, lii'(.'ii ])ractically iiiaiidaiufd by the United Slatrs" {iovcninient. To this is added a jiarf ol" the Xoi'tli I'acilic Oc(.'an, north 50° of iiDitli latitiidi', and which comniands the appi'oach of (Ik; seals to th(\ passes leadini,'' into Dchrinn's iSea. J!y the adoption ol' liiis area and close season the United Stati-s would ;;aiii, hy consent, what she has for two years held in (h'lianee of international law and tlie jirotcsls of (ireat Brilain and Canada. And while this ai'ea would he held closed to all ojjerations oxec])t to those of her own sealers on the i'rihylolf Islands, tlu; north-west (;oast of North America up to tho "lOlli |iaralle] of north hilitiide and the seaiini^ areas on tlw; noi'th-eastern coast of Asia uiini(i be open to her as before. 'I"h(^ device, if snecessfiil, would leed and per|)et>iate tho rookeries on St. I'aul and St. fieori^e Islands, and add ininiensely to their value, wiiile it cuts olfat one blow tho most valuable j)ortion of the hii^li si.'as from all pai'ticipation by the sealers of all other nations. It is to be borne in mind tiiat (,'anada's int,cr(>st in this industry is a vital and important sty's Government if ho sn|iposes that they would consent to an mijust dei)rivation of Canadian riij;ht9, liccause of th(> allei^ed prosjiect of perpetualiiiLt .some small ])ceuniary advanta[;o to a limited seetion of her subjects in London. Lndcr this proposal I'ussia would lose iioliiiim'. Her vessels do not now pursui' seals in that part of Hehrinijj's Sea ceded hy lici'tolhe United States in IStJT. Russia has valuabh; seal islands of her own : ll'O Coininander Islands in Mehrini^'s Sea. ;uid Itobben Iteef in the Okhotsk Sea, on v-'.deh there are valuable rook(;ri<'s, and the Hussian Government draws a con-.idcrablo revenue therefrom, as they an; under lease to this same .Maska Conunercial c'ompany. I'liis ]iarl ol' l!ehrint!;'s Sea does not fall within the proposed (dosed area. It has been already shown that th(> I'niled States would uain huirely l)y tho I'stahlishment of this (dos(> ])eriod. I'roni her rookeries on Ihe I'rihylolf Islands shedi'aws MOW a yearly reveiuie of over ;500,(M)I) dollars. This would not oidy not 'jc interfered uilli, but would be enoi'mously increased by reason of the perpetual nionojioly sho would enjoy nnder the ])roposed arrani;'ement. lUit while this is true th to Russia iuul the I'liited St:ites. Canada Would lose the unjoymeut of a lucrative rlidit Ioulj possessed, ami this loss wouhl be fatal to luir jlroseeution of the seal industr\,and would he unrelieved by a single compensation. It is unmifest, from a ])erusal of .Mr. ]5ayard's letter, that the pro|)osition is to l)revcnt the killing of seals during the close tinu^ by any ])rocess whatever within the area set apart, except, of cours(;, u|ion the I'ribylolf Islands. tlxperieneed sealers aver that by the ])resent methods of huntinn' with gun and speai' iKit more than on(^ in ten of the seals struck is lost, and it is nut believed that llii'se methods ;ue so destructive as .Mr. Hayard alleges. The nu.'thod of takiny: seals by means of the net is not a deslruetive nu'lhod, and yet it is ]n'o])osed to proliil)it this as well. II appears, therefore, that what .Mr. Uayard intends is to entirely [U'cvcnt the killing of seals within the area proposed by any ini'thods or hy any persons except hy tlu; methods em])loycd upon the I'ribylolf Islamls and by the citizens of the United States, who may, for the time being, enjoy the auMio])oIy of taking seals thereon. Against this unjust and unnecessary inti'rfereiK'O with, (M' rather prohibition of, rights so long enjoyed to a lawful and ri'muncrativo iii'<'iipation upon the high seas, the Undersigned begs to enter his most earne.«t protest, (Signed) (iEO. L. KOSTLR, Actiii(j Miiiinler of Murine and Flshericn. (1 bv the close 21(1 Xo. lis. Colonial Office lo Foreign Offiic. — {Ueceivoil Auyii.sl 20.) Sir, Downing Street, AiKju.it IS, Isss, WIITl n>rci'(>ii('(' (() the letter from (Iiis Depart mciit of tlic lOtli iiistiiiit, I iirn directed by liOrd Kimtsford to irniisinit to you, to he Inid Ix-fon- the .M;ir([uis ol' Salislmry, eo])ies of two (les|)atclies from the Govi-riior-tieiiei'al of Canada respi-cliii^' tlie jtroi)osed sale at Port Townslu'iid of four of llie l?ritisli sealiiit;-vessels captured last year in ]5elirini?'s Sea. Lord Knutsford lioj)es lliaf tlu' ^linute of llie Canadian Government, intli July. \\\U receive r/)rd Salisl)nry's attc7itive consideration. I am at tlie same time to rc(iiipst tliat Her 'Majesty's ^linister at Washington may be desired to r(>i)ort wlicn the appesd to the Supreme Court of the United Stales in tli'o ease of llie''\V'. I'. Sayward "' is likely to couu' on, and to report u:cMcrally on tiic progress of the ease. I am, &i:. (Sisjned) .JOHN UI{.\MSTO.\. Inelosurc 1 in No. IIS. Lord Stanlei/ of Preston lo Lord Knutsford. My Lord, Cltmlel, Qneher, Juhj 20, ISSS. WITH reference to previous eorresponih-nec relative to the pendini:; |>roeecdini,'s in the case of Canadian sealinii'-vessels seized in Behrini^'s Sea, I liave the honour to forward to your Ijordship an extract of an apj)roved Minute of the I'rivy Council, based upon Sir L. West's despatch of the lOth ^larch,* a copy of which, totrether with other eorn^spondeiu'e, noted in the mari;in, is inclosed herewith. 1 iiave, ifce. (Signed) STANLEY OF IMIKSTON. Inidosure 2 in No. IIS. Extract from a Rrjiort of a Cniinnittre of tin' IJniKinnihle llie I'liri/ Cuiiiii-il. approretl li\j His Exrellenrii lln' dorenioi-Cleneral in ('oiiiifil, on .lull/ ". ISSg. TIFI'l Ciininiittee of (he l'riv,v Council have had inidci- consideration a des]iatcli dated the IDtii .March, ISSS, from'iler .Majesty's .Minister at W ashinntoii. relative \» pendinij; prociieilinirs in the eases of (,'anadiau sealers seized in Hehring's Sea. 'I'he Sub < 'onunittee of Council to whom the ipiesliou was referred repiirl .•l^ follows : — In the dc-jialeii of llie T.ttli Mai'cli, Isss. Sir Lionel Sackville WC-t states that the Attorney-* li'iieral A' the i'nileil States bad intimated (hat liille Idol' the practici' in Admiralty and llules of thi! Supreme Court (l^'^T)maKe it plain that the C'lnllseati'il sealinn'-sbips seixcd in liebring's Sea can be bonded jiendim;- appeal: and Sir i.ioiii'l Sackville W'esi liirllier states that, as to the (|ue-;tion whether such ves-els can l)i' bonded \\itbout obligation to ap|)eal, he is advised that, since it was aL;reed in llir Conl'ereiie(; that the (|ues(ion of (lamaL^es should be reserved, any such i'e(|uest woiiM oi)en up the whole ([Ucstion of damages on each sid(>. The Sub-Committee observe that the obli^jalion soui,'ht to be iinpos<'d upon llu' ovnw's rtf the Canadian vessels seized in HehrinL;'s Sea of ap])ealinu- from the decision of th(? !M agist rate of Sitka to the Su)ireine Cour' of the Cnited SI ites, is obviously oiic whieb cannot >vith justice or propriety be eiil'orced. Soiue dnubl ("vists as In tlic right of ap|ieal, and if it be held that no appeal will lie, the bonds will be forreited. ,A)iarl from this risk, howcNcr, which the owners of the ^^^..^l■l> are asked to laKi' U])on tliemseives, it, ai)pears tliat the L;iviug of bonds of such a naliu'e would involvo the admission that the Courts of the I'nited States had jmisdiclion ill regard to Ilic seizures, and that the laws of the United States applied to the eases of tlu'se \essels • ScoNo. 110. 217 such propositions could by no moans Ik; fidmittod. Tiio vessels Imd not entered witliin the waters over wliieh the laws of the i'liited States (.'xteiid, and over wiiieh the Executive or Judiciary of that eoiiiitry liave any authority. The vessels in question were niolesti'd in a lawful occupation on the hij;h scjis, and were seized l>y vessels in the service of the I'liited States hut posscssinu- no rltijht whatever to molest tlie people of Canada or (heir prttiierty on the ocean. Similar outmges have been committed in the |)reci'dini; year, and the vi-ssels seized then were ordered to hv surrendered hy tin- United States' authorities. In the present cases, therefore, the repetition of sucii a('ts of violence was a proceeding for ■wiiich the owners of the vessels have a rii;ht to <'xpcct that iler Jfajesty's (iovernment wdl demand and exact redress. They should not he asked to si'ck that redress in the (.'ourls of any foreign country whatever, and the Courts of the United States have no more coLcnizancc^ of their complaint tlian tlie Courts of any otiier forei^'u country. The Committee, concurrini; in the above Iteport. advist- that your Exeellemry be moved to transmit a copy of this .Minute to tju' Hi'/ht IFonourable the Secretary of State for the Colonies, and also to the JJi'itisii .Minister at Washington. All which is respectfully submitted for vour Kxcellencv's approval. (Sii-n'cd) .lOllN .1. .MdJHU, CVrrfr, Piivy Council, Ciinadn, Inclosure '.\ in IS'o. 1 18. Sir L. We4 to Hip Miiniiiis of hinsdoinic, March 19, 1888. [Sop Inclosure 2 in \o. 110.] Inclosure I- in \o. IIS. Mr. Fcsitr to Sir L. fVest, March (i, 1SS8. [See Inclosure 1 in Xo. 110.] Inclosure 5 in No. 1 18. The Marquis of Lunsdowne to Sir L. West. (I'lxtract.) GovcrnmetU Hoiisi', Otlntrn, March '2'\, 1888. r HAVE the honour to inclose herewith, for your information, copy of a des]ialeh whicdi I have addressed to the Secretary of Stnte for the Colonies* upon the sidiject of the Canadian Sv'aling-vessels seized by United States' cruizers in the Behrinn's Sea. Siiould yon be able to obtain any iiil'oruiatioii in regard Id tlie aeti(ni likely to be taken (luring the present year ))y cruizers of the United Slates in the Heliring's Sea against vessels fre(iuenting those waters, i shall be nuu-h obliged if you will ])ut nu; ij' po.ssession of it. Inclosure (J in No. 118. ' Lard Slaiilci/ of Preston to Sir L. West. Sir, The Cascnjiediu, New liichmoiid, JuUj 21, ISSS, Wrril reference lo your despatch of th ■ KHli .March, iiudosing a copy of a ti'l('i;i';mi which you had rci'eixcd rinui my .Miii stcr of ^Marine and l"isherii>s relativi; to the peiuling proceedings in tlie case, of Canai i,ni seallMg-vessels seized in l!ehrinn''s Sea, and in reply thereto, setting' I'orth the o])iniou ol the Altorney-deneral that Uuli X of the practice in Admiralty and I'ules of the S\i])reni<' Court (1SS7) make it I'lain that confiscated ships can be lioudcd pending appeal, 1 have the honour to [128] .'^Ke lui'losuro in No. 1 14. •J F 218 forward herewith a copy of an approved Jlinute of the Privy Council concurring in a report, of the Sub-Committee to whom the (iu(>stion was reiVn-rcd. I have communicated a copy of the inclosed Minute of Council, to the Secretary of State for the Colonies. I have, &c. (Sii,'n<>d) STANLEY OF PllESTON. Inelosure 7 in N". 148. Lord Stntihij of Preston to Lord Knutsford. iVFy Lord, Citadel, Quebec, August i, 1888. WITH reference to my telegram of the 30th ultimo requesting that tho Imperial authorities may uriic the I'liiled States' Govc^rnment to take steps for postponing the sale of the sealinij schooners "Anna Heek," " Dolphin," " (irace," ami "Ada," wliieli were seized last year in 15elirini,''s Si-a, pendins^ the settlement of tho question eoncernini? tlie lei^ality of their seizure, I have the honour to forwanl herewitii aeo[)y of an approved .Minute of the I'rivy Council, upon which my telegram was founded. I have, &c. (Signed) STANLEY OF I'lJKS'l'ON. inelosure S in No. 148. Heporl nf a Cnmiiillfee of the llonnuruhle the Ihiii/ Council, approved by His Excellency the Goiernor-General in Council, on July .'50, 18S8. T'ilE Committee have had under consideration a telegram dated the 20th .Fuly, 1888, from tlu; Lit^utenant-Governor of Ih-itish Columhia with respect to the bonding of the sealinij-sehooners "Anna Eeek," " IJolphin," "Grace," and "Ada," seized in Behring's Sea in 1887. The Minister of Marine and Fisheries, to whom the said telegram was rel'erred, recommends that the [in])erial Governcient he moved to request the interposition of the Fnited States' Government to liave the sale of the condemned vessels postponed pending the scittlement of the (piestion as to th(> h.'gality of their seizure. Th(! Committe submit the above for your Excellency's approval, and advise tLat your Excellency be moved to communieate by cable to the Colonial Secretary the rc'quest of the Lieutenant-Governor of Eritish Columbia, and to lu'ge upon ller Majesty's Government the necessity for inunediate communication with the United States' Government with a view to save from further and disastrous loss the owners of the condemned vessels. All which is respcetftdlv submitted for vour Excellency's approval. (Signed) JOHN .1. :\IcGEE, Clerk. Privy Council, Canada. Inelosure '.) in No. 148. Lieutennnt-dovernor Nelson to tii-j Hon. C. H. Tupper. (Telegraphic.) Victoria, British Columbia, July 20, 1888. THE following sealing schooners, seized in Eehring's Sea in 1H87, "Anna Beck," " Dolphin," " (irace," and " Ada," are now being taken from Sitka to Port Townsend, Puget Sound, to be sold by United States' Marshal of Alaska. .Fudge of District Court of Alaska has refused bonding to owners, giving as reason application too late. Under present circumstances, owners williug and anxious to bond vessels for appraised values : — "Anna Beck," 2,G00 dollars ; " Dolphin," 7,730 dollars; "Grace," 10,404 dollars; "Ada," 2,900 dollars; or, pending settlenu'nt of question, ':avc sale postponed. Will Dominion Government take necessary steps to secun* il i-nsible from United States' Government that this arrangement shall be acceord Salisbury added that he was still sanguine of coming to an arr;ing(!ment, but that time was indispensable. J am. &c. (Signed) I'. CUiUUF. No. I-,-}. Sir L. West to the Marquis of Salisburi/. — {Received October 1.) My Lord, lieverly (Mnxmchusetts), September l.S, 1S88. Wri'll reference to my de;.patch of thi' Kith ultimo, 1 have the honour to inclose to your Jjordship hcrewitli cojiy of a note which I have ]'C(M>ived from the Secretary of State, togctlwr with eo])y of the corrcs|)on(luiicc which aceom])anied it, relative to the sale of certain British vessels seized in Uchring's Sea, which sale had, .at your Lordship's request, been postponed, inul to re(|uest your Lordship's iiistriU'tions as to tiu' answer to be returned. 1 have forwarded coj)ics of this correspondence to the (ioveruor-General of Canada. I have, &c. (Sigiu-d) L. S. SACKVILLE WEST. Lu'losure 1 in No. ] o."). Mr. liinjmd In Sir L. West. Sir, Department of State, Waslungton, September 10, 1888. IilvFEIl]llN(i to previous corresj)oiuleiu-e in relation to tlu' sale of the four JJritish vessels cond<'mned I'or taking seals illicitly in I5ebring's Sea in ]S^7, J have the lionour til inform you tliat I have received a comnuinicatiou from the Acting Attorney- General of the IJrd iTistanl, in which an exj)ressioii of my vioAVs is requested upcm tho ])ropriety of an inunediate sale of the vessels in view of certain statements made in regard to them. As an order for the postponenuMit of the sale and the bonding of the vt'sscls was issued by the JJepartnu-nt of .lusliee in com])linnce with tiie rcipiest of Jiord Salisbury ('(iinnuiTiieated to this Uejiartnu'ut, I inclose herewith a copy of the letter of the Acting Attoriu'y-deneral, together with its inclosuros, and will be glad to learn whether, in the light of tlie facts now disclosed, it is still the desire of his Jjordship that the sale should not be proceeded with. I have, &j. (Signed) T. E. HAYARD. 993 Inclosurc 2 in No. 155. Mr. Jenks to Mr. Dnynrd. Sir, Wushinglon , Stptnnbvr It, 1H88. T HAVE tbc honour to send you copies of letters of tlic "JSrd find 2.')tli ultimo, from Mr, Atkins, United States' Marshal for the District of Alaska, and to ask for au cxiu'cssion of your views upon the propriety of un iniinediatc sah^ of the vessels men- tioned hy the Marshal on consideration of the statements he makes in relation to them. I have, &c. (Signed) (J. A. SlSi^K.^, Aclintf AttorneyGeneral. Inclosurc 3 in No. 155. Mr. Atkins to Mr. Jenks. Sir, Seattle, Washington rcrritory, Awjmt 2'.\, 1SR8. IN reference to the four condemned British vessels now in my ern'ody, I have the honour to report ; — That the owners of the schooners " Anna Beck," " Clraee," and " ] i " claim that the appraisement made at Sitka one year ago was at the time excf nd that their value on account of the inclement climate of Alaska has in the meantime hcnii constantly deprceiatin<^, and therefore decline to hond them at sueli ;ip])raisement, but rei|uest a new appraisement, which, if not granted, they desire tin; sale to proceed. The owner says, however, that he will furnish satisfactory bonds for the schooner " Amia ]5eck " at her present appraised value if it can be clVeeted, subject to a linal settlem<'nt of the matter and without the expense of an appeal to the Supreme Court. Having myself a practical knowledge of the vahu; of such property, I fully coincide with the claimant that the valuation put mi the schooners "Grace" and " J)ol))hin " at Sitka was excessive. The schooner "Ada" is owned and registered at Shangha(,', China, and her owner, whoever he may be. Las not yet made any claim or a])pearance. In the meantime, the vessels are remote from my district, thus greatly increasins,' the responsibility of their safe custody, .and the ex)iens(! thereof constantly increasini;. I desire fo be instructed, in case vessels are not soon sold or bonded, what further action to take in reference to retui'uiiig to my district and leaving the vessels in charge of a special deputy. I have, &('. (Signed) BAUTON ATKINS. Inclosurc 1, in No. 155. Mr. Alliins to Mr. Jp;i/.'.v. District of Alaska, Office of United States' Marshal, Sir, Portland, Oregon, August 25, 18SS. IN view of the present situation relative to the British vessels in my custody now moored at Port Townsend, "Washington Territory, I beg leave to state as follows : — 'I'hat all of said A^essels, owing to the length of time they have been out of commission, are in a dilajiidated condition, and their dej)reciation in value is constant and rapid. That thev are small in size, the combined tonnage of the four being only 219 tons. T!>a1 the ,)\vner of the " Amia Beck," "Gr;ice," and " IJolphin," Captain J. 1). "Warren, of Victoria, British Columbia, has notifKxl me that he prci'ers that the •' Grace' and " Dolphin " should be sold witliout further delay, ami the " Anna Beck" also, unless he can bond that vessel without instituting an aj)peal to the Supreme Court, or making the journey to Sitka for that purpose. Tiiat if longer held iu custody, they will have to bo removed from Port Townsend to some place secure from the fall and winter winds, for permanent moorings. All 223 ol' wliicli will bo aitendod by mucli f^rcater expense comparatively tban lias heretofore bfcii i('(|iiired for their safe custody. [ do not bt'sitiite to recrmmcnd that, in interest of all concerned, the vessels, if nn( lioiidcd, should be sold without dcliiy. Tt is my purpose soon to repair to Port Townscnd, tlicrc! to Jiwait Department orders. I have, &c. (HiRiicd) EAllTON ATKINS. No. I.jO. Sir L. Wrst In thr Muniiiis of Sallshury, — [Rflccivrd October 1.) My Lord, lievcrlij {Mansnchusottn), September \'), 1888. WITH refer(>nec to your Lordship's despatch of the 1st instant, T. have the JKmoui' lo ill form your Lordship that tlie ;;pi)cal in the case of the " W. P. Sayward," alhiilc>i. Lord ShDilri/ of Preston to Lord Knufsford. CTelei^raphic.) " " October (',, 1S8H. REC0M3IEND Hint United States' authnniies l)e moved to authorize the reappraisemcnt of "Graee"aiul " Dolpiiiii," and in ease of " Anna IJeek " to acr.jpt proposed bonds of owner, sui)jeet to final settltMuent of matter. No. IT)!). Tlir Marf/iiis of Scdtsburi/ to Lord !:i(icl\ciUi;. (Tel(.'!^iaphie.) Foreign Office, October 10, IWH. IN reply to your despatcli of tlie IJUIi ultimo, T request that you will mow United States' (JoverunK.'nt to authorize re:ip|)raisemeut of "Grae(^" and " l)ol[)!iin," and to aeee])t propo.s(\d hond of owner, subject to tinal settlement of matter, in ease of "AnnaEeek." No. 100. Foreirjn Office to Colonial Office. Sir, Forri(jn Office, October 10, 188)3. I Ail directed by tlie Marquis of Salisbury to acknowIed!;e the reeeipt of your letter of the Sth instant, on the subject of tin; Uritish vessels seized in IJehriag's Sea, I am to state to you, iu reply, for tlu' inforiuatioTi of Lord Knutsford, that a telegram lias this day been sent to ll(!r Majesty's ,Miuistv'r at Washini;toii, recpiestirig him to move the (iovernnient c)f thi^ I'nited States to authorize the rcapjjraisement of the " Dolphin " and " ri race," and to accept the ]H'oposed bond of the owner of the " Anna Beck," subject to a final settletuent of the matter. L am, &c. (Signed) -lULIAN I'AUNCEFOTE. No. Kil. iiir L. H'esl to tlie Miirqiii.s nf f>i(li>,buni. — {Receired October 12.) ^ly Lord, lleicrll/ (^fd.-.-ilrliUse/ls), Svplendirr .".(1, IMSS, "WITH ret'erenci' to my despatch of the Utth instant, I liave tlie honour to inclose copy of a fiuther note wiiicb I have received rrom the Secretary of Slate, relative to the four l',ritish sealers coiuh'nined for lakiu;.' .seals in IJehriiu/'s Sea, ;iml requestim;; a decision '.n resjard to the disposition of tlu-m. I have forw.'.rdcd copy of tliis note to (he tioveruor-tJenera! of Canada. I liave, &e. (Signed) L. S. .SACKXTL!.!'; Wi;sT. Inclosurc in No. Hit. Mr. liiiiinrd to Sir L. West. Tlie lour vessels, tlie scjiiouers "(irace," " Dolphin, have been transferred b\ the UnitcKl States' Alarsh Anna IScek," and " Ailii;' il for .\laska to the custody of tin' 22.- IJiitcd St.'ilcs' ^I;ivsli!i! for W;isliiiiulon 'I'crritory. and arc lunv al Port 'J'owiist'iul, ^ciiliji'i't 111 instructions from tiic l)i part incut or.lnsiic(> toucliiiiti' their .■-alc or (jtiior ilis)Hisili(in. 'i'lu' Dcjiartnicnt is inl'oi'iiicil fliat none of the voscis have liccn Ijondcd, and llial tin' owners of tlir >l'theni liave refused to ta] Mar(]uis of .'suli'-hni'y to tiansmil to you a copy ol .i desp.atch from lie).- ^lajesty's ^linister at \V:i>'liini;ton,'' inido'-inu' a note from Ml'. JJayard, re(jucstinpf a decision as to the liivposilion of ihe foiu' scalini;-schooners " Grae;>." " l)ol)ihin," " Anna Heck," and '■All;.." f ;nn t^ rci|uest you to move J.ord Knufsford to cause IjOrd [Salisbury to he iniVirnied \\ hat n.'ply should he I'cturned as to the "^Vda." 11( r .Maie>iy's .\1 in; -tcr at Washington has liecu already communicated with l)y tcie^iMph in i-e;!^ard to the oiher three vessels, as you were inforniot ol' your letter of tlic 11th ifistanl. in(dosiiit; a copy of ji despatcdi fro;r. tier .Majesty's Minister at Wiishiimt.m.t statiuLT that the .appeal iti the case of the \\ . V. Sayward "' has not yet lii'cn (liieketed in the .Supreme Court of the I'nited St;; es. In yonr l(>tter of tla; Nt ultimo, it was stated that before takini;' any action on the .Minute of the C.'in;:;!ian ( tovcrnun'nt, inclosed in the despat(di from liOrd Staulev of Preston of ihe 'H\\\\ July last, Loi'd .Salisbury had instructed Her Majesty's ^linister :it \\;ishini;ton to slate when tlu; appeal to the ISupn'me Conn in the I'ase of the '^V'. I'. Sayward" was likely to con\e on, and lo rejiort generally ou the prouioss of the rase. As it appears from the answer now received from Sir L. \\'est (luif there is li!;oly to he considerable dcday i'l this ciise, Lord Knutsford would be glad to be informed whether, in Lord Salisbur\'s opinion, action should noi now be taken on the .Minnte of the Canadian Privy Comwil referred to. 1 am, ite. (Si!,mcd) JOHN 1UIAMST<.)A. [12HJ • No. K.I. No. l«u'. 2 l; iiS6 Coioniiti Ofh'fc In Fareii/n Office. — {Received Orinlicr 'M.) Sir, Dminiiiij Slrr"!., Octithrr ij.'), ^H^h, Wrril rcrcnMici- i > tin' liitlev I'rom this l)o])Mi'tinent oi' tlii' Stli iiistiiut vos)H'('tiii!; tlic lioiidinn' of c'ci't-.iiii -.cs'^cls sL'i/.al last yi'iir in Ik'hriug's ^^l•a, I ain dircctpd by Lord Knutsl'()nl to transmit to you. i'oi" tho iTit'oian.ifion ol' tlic ^Nfaviiuis ol' Salishuiy, a copv ol" a (Iivspati'li i'roni tlu- < iovcriior-Oi-ncral of Canada on tlic siihjcct. As till- ])a|)('vs lorwariiod liy Lord Stanley of I'rcst >n do not ansAViT I lie (|iicstiim in .Mr. Uayarl's note to Sir Liijnol \\'<'st. dalrd t!io lOtli Si^ptcnihi'r last (incdosod in yonr Ictlri' to this Depart mcnl of tho lind instant), so far as concorns the scdionnor " Ada,'' jjord Kiint^lord iias ti'l('L,Hr,!j)h<'d to the (lovi'rnor-ticnora! of Canada uitl. rcfcvoiu'o to your U'lii'i- of tliu 1.:Jtli instant, askiny what reply should he rutiinieil in reu'ard to that ^•('>;>;l■l. 1 UlU, \.c. (Signed) .1011 \ l!l!AMST()X. liH'losiirc \ ill No. I .-• fereiee to ymir telci^rani ol' tJie -Jtii instant, iiuinlriii^- what aiiswiM should he reluin"(i to Mr. i5ayard's note to Sir Lionel West ol" the intli S(.>])toinl)ri' witli ret'oriMice lo liie honditiii' of I'ertain IJritish \essels seized some timi- sinec in Bohriiiu''s Sea. I liave the honour to inidose herewith a eo))y of a (U"^pateli which I have lo-day adiiresseil lo ^^ir liioind West, enverinir a eo]>y of an approved Miiuile "f my L'rivy Council iU-aliii»' with Ihi; suhjeei. I ha^e, Ale. (Sii^ued) STANLEY <)l' IMILSTON. h\eio^Ul•e 2 in No. Km. I.iiiil Sliiiiii'i/ of PirstDii lo Sir I.. l\'i:^l. Sir, (liivnunfiil Jloii.^r. Olidiro, (Jciuhrr s, isss, I IIAX'I'I llie liononr lo acknowledi;!' the r(;ceipl. of your despatch of llii 13th ultimo, coxerini;- eopy of a nolo from tiie Secretary of State of tin- I'nited Slates with ('opies of eorri'sp mdenei' aeeompanyiuL;' il. relative to the hondinu' of the |!rili''li sLip.s "(Jraee. " •• Dulphin,' and •'Anna iieek,'' uliieli wore sei/ed some time siiu'i; in Jielu'in^'s Sea, 1 now hvir to in(dose eopy of an approved Minnie ol' 'ity l'rivy (,'ouneil in relation to this matter, from whieh it will he seen that my .Miiai.>Mjrs desire that tiie (Jovermncnt of tlie United Stales may lit! moved to authoi'i/.e the reappraisemenl of the sehooiicis " (rraee " and " I) dphin," owiny: to the fact, which is duly si't I'orlh in ihe i-orrespda- denee aeeonipanylnij: Mr. Bayard's note, that Ihe appraisemeiil made at Sitka more lliaii a yi.-ar -iinee is re^-iii'ded hy Ihe owners as haviiin' lieen exees>i\e, and .as havin^c liecniiK' still more so, eonsecpieni upon I he expn^nre of these vi'ss(,'ls lo the inelemeni eliiaiiti of Alaska. As reu:ards the case of the "Anna Meek,'' tho Aliimte ri-commeiids that tlie Liiiileii States' (oi\ernnierit may he re(|iiesled to i;ive instructions that Ihe )iroposed honds i'' the owner may he accepted, siihject to a liual .settlement of this (piestion. 1 have, lVc. (iSigiicd) ST.VNLJ;V Oi' rilES'i'O.N. JiK'Iosm'o n ill No. Kit. Rijinii III' II ('iiiiiiiiiUi-r nf tlir Unnnurahlo llic Privij Cniincil, iiiiprnvfd In/ his E.i (iornninr-^jfTifrnJ ill Coiinril. on tln'AOlh Si'ii/i'inhfr, I'^Ss, llriiri/ IliP I' 1' WESTON. Til I'l ( '(iiiiniillcc dl' tin; I'l'ivv Ciiuiif'il liavu liad under coiisidoriition a (l(>s])ntcli from Sir Ij. West to J,ord Shmlcy, under I'ato llie Kith Si'pteinljer insliiiil, (sovevini; I'djiy III M note from llie Sccrctaiy oi' State lor tlic IJnhed Sfate>, toifedier with copies ot correspoiulence ^^l|i('il aceouipanied it, relative to certain .sln'ps wLicli had been seized in Heliriiii^V Sea. The I\Iinistei' of .Marine and Pishories, to 'whoni the aliove wa? referred, ve])orts lli.il (111 the lidvii July last a Minute ly to this Minute .-i teleirr.'un. under dati; of the I'^th Auii'ust, T-is8, v.'.'is received by your Excellency from Sir Liontd 'W'l'st as I'lillou^: ■■ Acting Attorney Garrison has iriven ilirectious, both by letter and telci^'ram, to liostjione the sale of tiio schooniu's. The ^Marshal h - also Ik^cii directed to vccinve iionils in lieu of the vessels." The Minister observes that copies of iIm; covre.spoudcuce referred to confirm the iiitiniation conveyed by tlie above telenram, that an (H'ller for the jio>tpoiicment of the Mill', and ])ermittinii^ the bondiuij,' of these ve--si'ls;it ihe value .'ilrcady appraised, had been made by tlie Department of Justice at Washinuton. iii conipliaiiec with ilic request of Lord Salisbury. Subseipuait to tin; receipt of this order, the United States' MarslKi I ."it Sc'ii'le, "\Vasl1ite4ton Territory, informed th(> Attorney-General forthe United States that tlic owners of tlii' schooners " Anna B(>ek." " Grace," and " Dolphin," claimed that not only was tli<' appraisement made at Sit'd a new aiipraiMinent, and slated tliat if a new a))i)raisement was not allowed, the owners desired the sale should proceeil. It fnitlier appears from the same cummimieation. that in the case of one of the vi'sMd'-. the '■ .\nn;i Heck," the owner is williiiu' to I'urnish satisjactory bonds, iit the (:ih[e .•Ji'eaily appraised, if this can lie done, subject to a tinal settlemmit of the matter, :iiid without iiccessil.-itint!; an ajipen! to the Supreme tJoiu't of the I'nited States. T' e .Minister further oliserves that, foueliiinj; the question of excessive appraise- iiieiil. iLe United Stales' Marsh;d states as follows : — ■' IlaviiiL!; myself a practical kiiie,\liili;(' ()!' the value of such pnqierty I lolly eidneiih' with the ciaim;int. that the vahialiiin put on the schooners ' (Jrace' and ' Dolphin ' was excessive." The Committee recommend, therefore, lli;it your l!xcelleney be moved to forward I a <'o]i\ of tin's .Minute to Her l\l!ij( -^ty's Minister at W'ashinu'ton, with a view to I iiioviii'.; tlie United States' authorities to authori/.e the rea))pr!iiseiiient in 1li(> cases of I llie '• Ciiu'c" and " Oolphin,'* and that in the ease of the"Anna Beck,'' iiislruetions lii'!,'i\en to accept the jiroposed bonds df the owner, subject to a tln;il settlement of jllle lli;il|ia'. .\\\ of which is res)iect I'ulh siibmit1"(l for \(ini' r'.vellenev's approval. '(Si-ne.l) .It) I IN .1. AlrtiHE, C/-t/(, Priiy Council, ViininUi. [12MJ 228 No. Km. Colonial Offici' to Forehju Office. — {Ucrpived Nnvemhfr '2.) Sir, Doiniiiitj Sh-ci'l, Sorrmhrr 1, 188S. AVITII I'd'crciU'c t" (he loftci' IVmii this Dcpiirlincnt ol' tlic L''>tli Octobci' rcsiicct. iiiu,' the l)oii(linii' ol' ('(n'tniii vi'sm-Is scizi-il last yr;ii' in li('lii'iiiu:'s S(!:i. f am directed i)y Lord Kiiutslbrd lo transmit to yon. to lie laid liel'orc' the .Maniiiis of Salishury, a eojiy ol! a telegram received from tlie ( iovernor-( ieiieral ol' Canada relatiiin' to the case of the vessel, " Ada." 1 am. &c. (Sitrned) JOHN HKAJESTON. Inelosure in No. Ui."i. Lord Staiilci/ of Preslmi In Lord Kiiul.spird. ('releu'rai)hie.) Octohcr 2H, 1HS8. IN rei)ly to tlie iiujuiry made in yonr teieniMm of th(^ 20th Octoher, owners (if "Ada" do not ohjeet to orii,'in;il appraisement of tlus vessid. My Minist(M's adviM' that action siionld lie takiMi aeeordinLflv. No. TCpO. Fori'iijn Office lo Colonial Office. Sir, luirriijn Office, Nnreiidjcr ^ 7, 1> of the " Ada," one of the se.alin;,' sliips seized last; year in Hehriny'Vs Sea, ilo not olijccl to the oriicinal appraisemeiit of tlie ves>ei. His Jjordshij) directs me to infjuire whether Lord Knntsford desires that lln' suhstanee of Lord Stiinley'.s teleu'ram should he sent to iter .Maji siy's J,ei;:iti(iii nl AVashington, for commuuication to the 1,'nited States' Government. I am, &e. fSiu'nod) .iri.I.\\ I'AIJNCEI'OTE. No, ](i7. ColoilidI Office tti Foreii/ii Office. — (liereiri'd Xorrmlier 21.) Sir, Dowiiiiiij tilceel, Xoreiiiiier 21, 1888. IN replN to yonr letter of the I 7th iiistimt, I am directed liy Lord Knntsford to ac(|uaint yon, for the information of tla,' .Mar(|uis of Salislinry, liial iie thinivs ii desiralde that the snlistance of the teici^ram from the ( lovernor-< ieneral of Camilla respecting' tlie sealing' slii() "Ada " should he commiiiiicaled to the ( io\-erument of tlu' United States. I am, .Vc. (Si-iu'd) JOHN BliA.ArST(JxN. .No. Kis. Tlir Afiirijiiis of' Sdllnliiini In Mr. I lerhrrl. ('relcLrraphicl lu,rrnjii Office, Xoremhrr 'li, IHSS. WITH n'feri'iiee to my Iclen'iam of till' i'Hh nltimo. you should inform riiili''i States' ( ioverument owners of "Ada" di nil olijcel to original appraisement of tli' vcsseL 229 -Xn. TO!). ; f'ninnldl Offt'cr tn Forfi(/H ()//lrf. — {^Rrrcin-d Xairmbrr \il).) Sir. I)l)nry, wifli I'd'orriici' lo [irovioiis cnnvspou- ili'iici'. copy of ii (lc.s|);ilcli froiii llic (i'fi\('nioi'-( iciicrii' of (Jiiuudii, and of a lclojj,min addressed to liiiu rcspcctinu- (he case of ti Ada," one of tlic vessels seized last year iu |!i'liriim''s Sea. 1 am, \c. (Si-iicdi IIOllEKT <;. AV. MEltBERT, Inclosiu'c I ill \o. !()'.). IjDid Stnnh'ii nf Pri'slitii la Liirtl Kimtsfurd. My Lord, (!(,r'->i)iiii'iil Unitxr, O/linni. OcIdIiit '2~ , ISSiS. WITH rcfciciicc (o your Loi'(Niii|i'> iclcLji-am of iJic I'Otli instant, and lo mine iu irply of to-day's dale, statini^ tliat tiie ownci's of the " Ada " do not o])jcct to the iirii^iiial a]>|)i'aisciiiciit, I liive tlii' lionour to trausmit to yoiii" l,ordslii|) a (-opy of an ;i|i|)ri)ved l{c|)orl of a ( 'oininitlci' of tin- I'rivy < 'iviuhmI ujium \\lii(di my tele;;:i'ani was lia'^cd. 1 have. iS:c. (Siirned) STANLEY n\- I'HlXrOX. I iiclosnrc 'J i;i .\(i. 111',). Ilijinrl (if II f'diiiiiiillr,- (,./' i/i(> lidiUiiirahlc llic I'rici/ Ciiiniril, (i/iprorril Ini Ins K.icrl/furii tlir (inieniDr-Gi'iii'iytl ill ('oiniril un the '17 1 h OrlolnT, I8^>^, 'I'll I'j Commillcc oi' l lie I'i'ivy ( 'ouncil having' rcfcrn^d the Iiaiil. (Si-lied) .lOllN .1. MrdKi;, CIrrli. I'livi/ Cimiicil. BUA.MSTihN. I nelosiire '■'< in No, i(i'.>, l.nni Kiiirtfiinl tn Ldiil Sliinli'ii of I'rcshiii. (Ti'leL:ra|ihie,) Jh'riiiiu/ Slrt'i'l. Xnrrnilirr (i. ISSS. Wri'll referiMice to your tele^'r.am of 27th ((lioh. f. I'niled Slates' ( io\ (■rnmeiil will iir iiifonned thai owners of "Ada" do no! idijeel to oriii'inal a[)|iraiseiiienl. I preMinie il will he for owners to lal\e aii\ furl her action. No. 170. Cnlniildl Of/irr /ii Fnrrhiii Ofli'-'-. — ( Rrcfirril Drrciiilifr 4.) ^ir. Dninilini Sfifrl. Ih'rniilirr ,'!, ISsS. WITH refereiii.'e to ]ire\ iiiii- eorre>,i)oiiiK'iiee, I am directed by IjonI Knutsford to liiiiisuiil (oyoii, to he laid hctore (he .Miirciiiis of Salisbury, a coiiy of ii lek'nraui from llic vure in NO. 17*1. Till' Miirijuis (if lj(l)is(hiiri)r lo I.onl Kinilsford. (TelcnTai)bic.) Xomnhn- -J'.i. 1888, IIAN'J-; you answer iroiii U'a-hiniiton relative to reap|)raisi.'ment of vessels ••(Jrace." " Doli)hin.'' ".'iniia lieck," leferred to in my teleiiram of the titli Octidier'r (iovernor of British l'(ihnnliia jires^es fur reply. A'o. 171. Till' Miiriinis nf Sali.-'hiirii lo Mr. Uh'IutI, (Tidesrraidiie.) Fnrriijii OJ/i'ir, Dereinher ."), 1888. WHAT answer from I'nited States' (Jovernment as to liehrijiir's Sea seizures referred to in my teleuram of Knii Oetober': No. I7ii. ^[r. llnlii'ii In ilf }tiii(jiiis i:!' Sdliybiini. — (lim-iri'il Drcrnilicr o.) (Telefjrraijhie.) Wiialiiiii/toii. Drcrmlier o. 1888. 1\ reply to your teleiiram 'if to-day, ( have received no answer from United States' (Tovernmcnt. Have auain asked to-dav for a rejily. No, 173. Forriijii Offim In ColoninI O/firi; Sir, Fnri'iijn ()/fir<\ Dnvcmhir 7, 1888. IN ie]/ly lo yoiir letter of ti.e ^rd in^tant, I am directed by the I\Ianpiis of Salisbury to state In \i)U. I'oi- the iiii rnuilion of Seen tnry Ijord Knntsl'ord. that no reply has been returned by the I'nilid .Slates' (Government to the reipiesl that they would authorize the reap])r ii>enii lit of tii' British vessels ••(! race "' and " Doljihin " seized in i'lehriiin's Sea. ^Ir. Herbert, who is in eharne of Her .Maje-ty's JA^gation at AVashinj;ton, has re]iorted in a telepinm. dated the .")ih inst.int, that ho liai' on that day again asked for an answer from I he UniU'd Slates' (Joveriinuiit. I am. &c. (Sinned) .FULTAN PAUNCEFOTE. N"o. 174. Mr. Ihrlwrt to Ihn Mimjuis of Snlishurti. — (Received Dvcvmhcr 11.) My LonI, ^ IViishini/lon, Xovemlur 30, 1883. I ll.WK ihe honour to acknowledge the receipt of your l.ordsiiip's telegram of the J-ud. ami to slate liiat Mr. Bayard, in reply to my coiumunicatiun, that the owners Ml of the "Ada" did not ohject to the original appraisement, has informed mc that the Attorney-General has been made acijuainted with tiieir decision. I liavo, kc. (For :\r. II. llerl)ert\ (Signed) AllTHUR HERBERT. No. 17.-.. Mr. Ifcrhert In tlin Mnrqvis of Snlinburi/. — {Iteiieived Deciiihrr 24.) My Lord, Wanhhujion., Dcccmiicr V2, 11*88. oN tlie ro(!c'ipt of your Jiordsi;'!) s leionrjim of llic ."ilh in^laut, I immediately wrote to Mr. ISayard pressin<>' for a rep y to jjord Saekville's note of the 12lh October on tlie sulyect of the re-nppraisenieiit of llio Hrifisli sealers siiized in Behrinj;''s Sea in 1887, and I have now received a no.i' fiom him, copy of uhiuli with its inclosures I incli)-e herewith, in whicli lie states lliai lie has Ijeen informed I)y the .Mtoriiey-General that orders were <;iven on the i4th idlimo I'oi' the sale of the vessels in ijuoKtion, but tliat he has not yet heard whether tin,' sale bus beea elfected or not. As soon, however, as he is iiiibrmed l)y the Department of .fustiee he will duly advise me as to what has taken place. I have sent a copy of j\lr. Bayard's note to the (jovcrnor-(ieiieral of Canaihi. I have, &c. (Si-ned) MICHAEL H HERBERT. Inclosure 1 in No. I 7."i. Mr. Bayard to Mr. Herbert. Sir, Dcjiartmeiit of Sliite, Washington, December 10, 1888. [ HAVE the honour to acknowledge the receipt ol' ynur note of the .■ith instant, in which yon call attention to the note of Lord Sackville of the V2x.\\ October last, in rclalioii t" the ;i])praisen!ent of three of the four British schooners seized and ccmdemned f(ir illicitly takiii:;' >eals in Behriny's Sea in 18^7. I'he note referred to was at once communicated to the Department oi .liistice with a re(|iie^,t for an opitiion on the (piestion of re-appraisi-ment. Somi! time previously, upon the request of the Marquis of .Salisbury, fiie sale of the M'liooners had been stayed l>y this (.Government in order that full oppoiluiiity nii^ht be^iveii U) their owners to make some arranuemenfs thereby they mifi'ht become repossessed of the \o»sels. On the 1 ! th October, the (hi\ ])recedinn' lb'.' date of the note of Lord Sackville a'i)five reterred to, the Altorney-(;eneriil wrote to this Deiiiirtinent a letter, copy of wbicii is inclosed, ill which be intimated an opinion that the interest.^ of both the (.'iiited States and the elainiaiit-^ would hi' besl >ubsi rved liy a .-peed;' -ale aK,' of the vessels lake place ai once, as delay Nccmed impracticable, and could only he piiiductive of los-. 'In the I 1th of last /noiuli ihe .\itoriiey.VMin.ral iufonned tliat he iiad that day iliiecled tiie I'liited States' Ahirslial in eiiarne of the vessels at Rnii Townscnd, W asliiiiii'ton T( rrilory, to lake the necessary stip.^ Ik elfeci a sale of the lour \essels as .■ilicedily as po.Ssible. Since that time no correspondence on the subject lias taken place with the Depart- iiiciit oi' Justice e.vcept a re([uest from this Dt'paitmeiil on the I7tli ultimo that it iiii::la be informed of the proceedings of the .Marshal under the order above staled. '■Vben a I'cspon.se to this reciucst shall have been received you will be duly advised of its conteutb, i have, \c. (Signed) T. F. BAYARD. 2\2 Inclostirc '2 in No. 17"). Mr. Gnrltint' to Mr. lini/ard. Sir. JJcjiiiiiiiicnl (iiJu.-ih-c, Wnshhuildii, Ocliihnr 20, 183S, BY your conimuniciitioii of (iio ITtli Oi'toliL'r, i^s^, you ri'(|ue'--li.'il an cxiiressiou of my vicus on tiic arrnn^cnuMil |irn|)osi'il liy liif llritisli ( lovorinncnf in regard to tlic dispd-al of tlu' vc.«i-cls " Grace,'' " lloljiliin," anil " Anna iieck.'" 'I'lie arrani;enient refeired to is lliat tlie United Stales aulliorizo a re-api)ruiseinent. of tlie schooners "(Jrace" anil "Doliiliin," iiiul that insiructinns lu' i^iven in liie case of the "Anna Heck" lh.it bonds of till- owner may he accei)ted subject to the linal settlement of tiie question. i'he libels against the vessels were stil.'initted on tiie sti])ulation, dated the loth day of Septomher. 18S7, by .\1. \V. 1 'rake on behalf of the masters, they were, on or about the 'Ird day of October, ]SS7, after liearing eondenined, and in pursuance of the terms of the stipulation, wore ordered to be sold at I'mt 'rownsend. The time for appeal to the Supreme Court of the United States has long since expired. On the •2,5th day of August, li*8«, the United States' .Marshal for Alaska reported "that the owner of the 'Anna Beck,' ' CJraee,' and ' Doljihin,' Captain .1. AV. \\ arrcn, of Victoria, British Columbia, notilicd nie (him"l that he j)rofers that the 'drace' and 'Dol])Iiin" should be sold without further delay, and the ' Anna Heck ' also, unless lie can liond that vi's>,el without instituting an njipeal to the Supreme ( 'ourt, or making the journey to Sitka i'or that purpose." The aggregate tonnage of the three ves-.ds, with the "Ada"' (for which no owner has been heard froim is but '2~'.i tons. The vessels, if not sold, will soon be sub-^iantially valueless. 11' attempt be made to keep them over winter a total loss may result. I therefore adhere to the views expressed in my former communication, tlnil the interests of all concerned will be best subserved by ;in early sale, and earnotly hope I may receive a pron.pt communication from you concurring therein. Very respectfully, (Signed) .\. II. (^iAllLA'ST), AUoriicii-Hciimil. ^ir. Inclosure 3 in .No. IJ."*. ^fr. (iraiit to Mr. Gurlnnd. Dislriit of Aliiskii, Altoinpii-dcnoral's O/firi', Dear Sir, Sllha, .Sr/ilniihrr 'JO, li*f to askii;!. :iilo[iii A nii|usl tlicv a no in!. fllOvc I 'f ri'fcivi for IJH 'MU'lOMl Til pl'i'Veii ;inil I i''iii\i.| I '=1)011 as 23;< the masters, (■(•/ Atloriicih ilmt porlion oi' liclii'in;;'.s Scii <'liiiiiu'(l tiv tlic I'liilod .States iindii' ilic TriNity of ]>67 liuUvci'ii Ivussin, and (he L'liilfil Slates, and beyond tlii- limit of Id miles tVoni any land. k is furliier sliiiulalcd that in ea>e the vessels or any ol' (licni .-li;ill lie eoniienined, by any order of ilic Coiiil, that the same >liall not he sold initil ilic exjiinitioii of three months from the piildieation of any order ordcrii:;,' ^ncli .salo, and that ^ledi -ales shall lake place at i'orl Town-end or some other ))oint on I'li^et Soinid. it is further slipidated that the delendanls may jrive sceiirity f'lf .•i4)n!iiJ to the Sii|ireine Couri of tlie L'niled Stall's, or sueh oilier (.'oiirt as may han! jiirisdietion, iiy hoiuls of any (inalihed liond.snien in \Va>hinij,lon Territory, ()rfr»i»n. or Calilornia. I'pon. the (|Ueslion of faets Ihus a;j;rceti upon, the parlies ^iihmil the eases to the t'oiiit upon the law (iiie.slion raised \>y the demurrer. On heiiall' of the Masters of the aliovc sehooncr-. (Siguud) M. W. DliAKf;. (Sij,nied) A. R. DELAiNKY, Attornei/ Jur I In: Uiiiti.il iSt(iti:s. Sfiiiteinliii- 10, 1887. Inclosure 5 in No. 17"), Mr, Garland Id ifr. Umtiinl. ^'n. Ih'jiitilmi'iil iif Jiislirc, l\'iinh!iii/hiii, Orlnln'r II. li?'^.'^. I IFEHEWITIl inelosc (.-opics of idMimunieations reeeived from W. .M. (Jrant, Cniled Slate.s' Attorney for Alaska, from the facts siilmiitted liy him in eomiec.ion with llic)>e contained in my letter of the '-'(itii S.'iiionilier. \ siiliniit whether il vvill not he expedient, and for the best interests holli ot' the I'niled States and adverse el'.iim nils, if there hi' such, that the vessels referred to he speedily -^old, .\ii answer i-^ desired at vdiir earlie-t convenience. Verv re'-pectfully, fSiiined) A. H. (lAliLAN I, \ .I//,,,,. ■,/.(,•<'//-■,»/. No. 170. Mr. Herbert to liir Marquis of Salisburii. — (Received .Itiumirii 2.1) 11 V Lord, ly ]iOr(t, Wasliinijinn, .hiuuunj >S, IWsy. I TIA\'i'; th(! honour lo report tli.'it 'Mr. Iloav introduced ;i Itnsoliitioii in the L'nale on the ;5i'd instant, askin'j,- for any eorresponde'iieo that may have taken place 1(1, <'.,.,. 1 i>. .:(..:.. :.. ; i.. ii... . ,.„r n'l :.,, : i>,.i. ..;,..„"'. s}i....:i ■ ;..i1t. rs Str;iil- Sen with tireat Brilain in reijaid to the seal-tishei'ies in oi' near neliriii^.- ..n.in-, as to the seizure or release of any Jh'itish vess<'Is hy the I'liited States: ;iskir:i;- for information as to the Keniilations i^overnii "' '' ' ' ' ■•'■•■ ;Hlii[)ied hy tin; I'nited States' (ioverninenl . lei^es that tlier<> liavi? been, and still are, widespread eoniidaints of 1.1 especially and also the fisheries which liuve heen the nil .Mr. Hoar alleges lliaT tlier<> liavi? heen, and still are, widespread eoiiijdainis or just divseriiuiiiiition made aj;;ainst A'lierieaii vessels in those waters, ami that while ■y are not permitted to take .seals oitt at sea, wliieh is perfectly ])roper and rii;lit, interfereuee is made wiHi the o))orat ions ol' the ves.;e's of other eoiintries, iiavlieiilarly those of (ircat Britain. I'liis Kesoliition, which was adopted hy the Senate, was probably prompted by the I'et'erenee in the I'resi dent's !Messai;'e to .'i jn'oposed arraii'jement with I'oreiLin I'owcrs for the prot(!etio)i of fur-seals in l!eliriiin'"s Sea, wiiich ha- arou-ed ;i iioovl deal of I'uriosily here. T!ie passai^'e in (|uesiion ran as lollows :-- " .My endeavonrs to establish, by international co-o|)eratioii. measure-, lor the prevention of the e.vterminaliou of rur-seals in Belirin!);'s Sea. htue not been relaxed, anil 1 have hojies of beiiiL;' enabled shortly to submit an elVeelive and satisfactory dniveiilional pi-ojeel^ with the .Maritime Powers for the approval of the Semite." 1 will not. fail to send your Lordslii]i a copy of the eorrespoiidenee asked lor as '^1)1111 as it is presented to Coiiijrcss. (Si I have, i&e. 'lied) MTCIl \i:i, II. IIKltHKKT. [128] L' H No. 177. The Marquis of Snlisbitrii to ^[r. Edwardos. — {Huhmlnnre, Megrnphed.) Sir, Fnmijii OU'ri; Miinli L'.'?, 18'<1». ^lY attciiiioii liris Ijccii cnllrd td a tclci^iMin, dnffil WasliiiiLrldii, the ■_'2i!(i Mrircli, wliieli appciircil in tlie " 'Times " ol' ti>-(i;iy, to the cH'cci. timl I'lvsidi'iit Harrison Ims issued a I'l'dclainatioti waniinu' lor(>iu'ii lisldiiu'-vessels ai;;aiiis( eiderini; the waters (jI Behriuii's Sea, within tiie doiniiiioii of tlie Suited Slates, loi- uiiiawrul (isliiiii; for fur-boariiiij: animals or salmon. I hav(! to re(iuest you to report to ine, hy toley:ra])li, the exact terms ol' the Proclamation rel'erred to. I am, (fcc. fSisned) SALISBURY. No. 17s. Mr. Ediiiirdes lu the Marqulu of Suli.shtirii, — {Rvcfivcd Inj lrifijr((jdi, Mnrcli 215.) My Lord, Wiislun(jlon, Marrh •_'."?, IS"!). [ IfAVI-i had the honour to inform your Lordship to-day, hy tulef;iapli, thiit ii Proclamation was issut'd late yesterday afternooii by the I'ro'-ident, wariiint; all persons aj;ainst entering' the waters of l^elirinj; V Sea within the domain of the rnitiil States for the purpose of violatini;- the provisions of section i'.i'iG of the Kevised Statutes relatiiiir to the killini;- of i'ur-heaiin;;' iininials, and thai, if found doing- so, they will he arrested and their vessels, apparel, ^ce., will he st^ized. I have. Hn:, (Sij-ued) II. (i. KinVAUDES. No. 179. Mr. Edwardes to the Marquis of Salisbur]/. — (Received by telegraph, March 2.1.) My Lord, Washington, March 23, ISSH. IN ohodicnce to your Lordship's instructions received in your tolei;ram of to-day's date, 1 had the honour to send to you. liy t(de^Ta])}i, the exaci terms of the I'residen'.'s Proclamation issued yesterday afti'i'uooii. whicli lie issued under the authoi'ity "granted to In'm hy the Act of the 2n(l Alareh, is^'.), iirovidiii'j,' fur the inoieelion of the sahnoii fisheries of Alaska. Tliis Froelamation, eopies of uhieh I have the honour to inclose, warns all persous against violatinL' the Laws of the United St:ites in the waters of Uehring's Sea, witli regard to killing: fur-heariny animals, the peiuilty for such violation heinii; ai'rest of person, and seizure aud eontiscation of vessels, apparel, &e. T have, &c. (Sicrned) IL G. HDWAllDES. Tnclosuro in No. T79. Extract from the " Washington Post " of March .':!, Issi). Alaska tvithout a Governou. — V T'uocla.mation iiKfiAnuiNii i'vii-nKAuixe Animals and Salmon. — fiovernor A. I*. Nivineford sonu; lime since wrote out his rcsiijnation as (lovernoi' of Alaska, and siMit it to the Interior Depaitment, wlicir it remains unacted u|ion. Since then the (jovernor Avrote that he should leave Aliisb for home on the 0th ]\Iareh, so that he is now out of the territory, .anil Alaska is without an executive head. The f oUowiui' Proclamation w.as issued late vcsterda v afternoon : — S;i Islniul I'liiiiiii-i CMles W i.s nol Wli;ill;i nlioiii J llle pri nn|ioi'i; fii'pavli Sitkii a A Proclamation. By the President of the United States. The following jirovisions of the Laws of the United States are lierchy p>ii)hslicii for the information of all concenied : — Sir. 1 the Al: whieli A| 111 235 nrms ol' tlii' ani of t()- tlif I'rcsidcii'.'s hority i,'ranlal ot the salninn DWAllUES. ■ wfoto out his tuu'Ul, when' it Ad U'iivc Aliisb •, :iml Alaska is Section lO.jCi Roviscd Statut(\s, chaplcr .'5, title 2^, cnacfs tlmt — \o piTsoii sli;ill kill iiiiy otter, liiiiiK', iirnten, s!il)le, or I'lir seal, or other fiir- iii';iriii'4' Jiiiiiiial, » itliiii tlie liiiiil^ ol AlasKa l','iriliir\, or in the waters tlicrei ewrv |iersi.li ilt\ tlieiMMjl' NJiiill, lor .IVen le lined not less tlian -JOH dollars, [)r Mion? than l.OOO dollars, or ini prisoned not more than six months, or l)olh ; and all vessels, tlieir tackle, apparel, I'urnitnre, and carp), I'oinid oiiyafi'cd in violation of this section shall be rorj'eited; hut. the Secretarv ol' llie Troasinv shall liavi; power to iiorizc tin; killiiitr ol" anv sncli mink, marten, sidle, or iithei liir-hearmu: annua except lor seals, undei' sn(di iii;nlalions as he may pres<'ril)e, and it shall he the duty III' tlie Secretary to prcv<'nt the kiliiu'r ol' any I'lir scmI. and to provide lor the (!X(HMiti'jn ol'ihe provisiims ol' this seelinn until it is otherwise pro\ irh.'d l>y 1; iw, nor shall he yrant any s|)i leeial privileu'es nin (hTll lis secluin. Section ;' of the Act entitled "An Act to ]n'ovide for the protcciion of the Salmon Fisheries ol' Alaska," afiproMvl the L'nd IMareh. l^'S'J, jirovidi-s that — Section 1!J.">(> of the IJcvised Statutes of the Fjnilod States is licrchy declared to include and a]iply to all iln^ dominion of flio United States in the waters ol' Hchrini,''s Sea. and it shall lie tlie duty of the J'lesidciil at ii timely si'asou in c.'udi year to issue his I'l'oclanKition, and cause the .sjimc to h(> iiiihlished for one month at hvist in one ni.'\vs|)at)er (i r anv such tlici'e he) iinhlishcd at h I'nited Slal( r iciHc t'liasi, w.Mrnintr s' piu'l of entry the persons against enterinif sulOi waters for th( id h piir|)()se ot viiilal in;:' t lie provisions of said section, and he sli:ill .also can*-!' one or iiiori' of the vessc Is af till' I nited Slates to dilii.'-enllv (aaii/e said Avatei to hi rs, anil arresl all jicrsons ;ind seize all ivc heen cnir;i;j;cd in anv violation of the Ijiuvs of the I'nited vessels found to hi States therein. Now, therefore 1, ]5enjaniin Harrison, President el' the UnitiMl States, ])ursuaiit tc the above recited Statutes, lii>reliv warn a'l jiersons ai!;ainst cnteriiif; the waters of l?dr ■--..- . . ... pro\ ism Sea within the domain of the I'nited States for the inir))ose of violatini; the lis of said section ^'^'>(> I'evised Statilfi an d I licridiy proclaim that all Jicrsons found tn oc or lo have h"en eiiirau'ed in any violation of the Laws of the United States 111 vessels SI forrcilcil. (I waters will he em)iloycd, their t; rcsteil and imiii-lieil as aho\e pr , ajiparel, riirnidirc, and carLCot.'s III testimony whereof, 1 have hereunto set my hand ai led Slates to'hc alli.xed. Done at the citv of Washington, this "Jl si dav of ^Marcl ivided, and that all ill lie si.'i/ed and ised the seal of the pcndciice of the United States I he lUitli J5v the ['resident, (Si-ncd) 1889. and of the Imle- Hl'N.r. UAllRISON. (Sii,'ued) .JAiiiJs (1. Blaixk. Secreiarii of State. Sailing;' orders iiave licen sent to the United States' steamer " 'I'hctis " at tin* Marc Island Navy Yard to iiroceed to Sitka, louchint;' en roiitr at such pl.'ices as lier I'oiiiiiiandinu' oliicer may deem necessary. When slio arrives at Sitka and eommnni- catcs with the civil authorities she will, if the situation is quiet and her presence there is mil rcfjuired, enitinne on northwaril, and devote attention ]iarlicularly to the wli.'diiM.^ licet and to other commercial interests ot the I'liitcd States in the waters nlmii! tiehiiiiLj's Straits and the .\rctic (_)cean. As the whalinif vessels usually JeaM' the Arcli(r in the latter p.ai't of September, tile |iiesence of the " Thetis " nntil then will add security to those en iiaLjcd in that impiiil.mi industry, and the " 'I'liidis " will remain until they V.vvc. taken their di'pavliire .southward, takini;' care not to be eaui.;ht in the ice. She will return to Sitka and await further instructions. No. 180. Colonial Office to Foreiijn Office. — {Received March 26.) Sir, Dnwitimj Stnrf, Miircli 2f5, ]RS!). 1 -V.\f direeied by Lord Kniitsford to request thai you will call the attention of tile .Miii'ijuis of Salishurv to the accompanyini;' copy of a li'lcujrain from \V'asliinu;ton which appeared in ilie " Times " of the ■l.ivil instant. As the Canadian sealiui,'- vessels will shortly be jiroceedinf^ to the sealinti;-u;rounds [128] * 2 H 2 38A ill ISclii'iim's iSoa, .Lord Iviuii-loid \miiiIiI lie i,'ln(l il' Lord Siilislmry would tclcuniiili t., llcr ,M;iji'-tv"s Cli.'ii'ii'i'' d'Allaii't's ;n \\ Msliiiintoii to ancortaiii wliotlior tlio statciiicnt in tlic tcli'Ufaiii is forrcc't. I mil lo siipiiri^st also that .Mr. llcflicrt should, at Ihc sami! time, be iiistviictcil, if the stalciiUMit is correct, Id inrorni the Uiiiteil Statf.s' (iovoniiucnt that llcr .MajCNty'* Govcrimii'iit cannot n'(|uiiv the luastcr.s of Uritisli V(!ss<'ls, wlicii lishini; iii it('hriiii;"s Sci hcyoiid the li-niilc limit, to rccouiii/c lli(> L;i\vs of the ITiiited States. I am, &c. (8i-rii«"ale of the three seized IJritish sealers was ordered to take place on the 2(Jth instant, I tele- <;ra]died to the Ciovernor-( Jcneral of Canada (copy of telet;rain inclosed) to in'[uii'i.' whctlii'i' the owni.TS of those; vessels were wiUini; to liond their ships, and that, if so, I woidd endeavour to ]n'ociire from the United States' authorities a postponenicut of the sale. ill the meantime, I learnt piivately that if I addressed such an ap])lication to tk I'liited States' tiovorninent, the Solicitor-G(sent conditions and methods of the fisheries, with a view of recommending to Congress such additional legislation as may be necessary to prevent the impairment or exhaustion of these valuable fisheries, and placing them under regular and permanent conditions of production. ^>ec. ;{. That section ]!).")() of the Hevised .Statutes of the United States is hereby declared to include and apply to all the dominion of the United States in the waters of Behring's Si'i>visi()ii> id' said sec^tioii ; and lie sliall also ciuis(! oii(> or more vcsx.'ls of till" l'niti'(l Slates to dilin'cutly (.'nuM' said wiitcrsaud arn'^l all jici^uiis, and soi/.rall vcsstds found tobu, or to liavc buuii, cuyagcd in any \ iolalioiiof ilic Jia\v-(jl' tlio Lniiwi States tlieroin. Ai)i)rovcd March :.', I'^SC. No. 1S1-. Foreif/ii OJfirc h> Caloniiil OJfic. Sir. Foi-clyii ()J/ii-<: .Ipril \. issi), 1 A^l (iirecti'd by the rvFarcinis of Salisbury to ii'aiisniil, Fur tiu; infonnatiou (if Secretary Loi-d Knutsrord, a co])y of a desjiatch from .Mr. Ijhvai'des, Hi r .Majesty's L'liai'Lfe d'All'aires at W'asiiin^ton,* on the question of the sale of tlie three Jiritisli vessels seized by the b'nited Stales' authorities in .1SS7 wIk.'u eni;a^M'd in seal tisliiiiL,' in Behrinu's Sea, and f am to ri!(|uest liiat you will move liis LoivWiip to furnish Lord Salisbury with any observation^ lu- may have to oiler on .Mr. Jidwardes' despatch. 1 am, ikc. (Si-iied) T. 11. SANDEKSUN. No. 185. Mr. Ediiiirdcs In llir }[iir(/uis of HiillsiiHni. — [R'ceircd Ajirll '<.) (l']xtract.) IVfisiliiiujtnii. Mnrrli •_'."., IS'^'.I. I liAVi; the honour to transmit to your Lordship herewitli extracts of tlic correspoiidenee wiiieh h;is been published in response to a Senate Itesolntion of tlir 2uil .lanuary. 1!^^'). upon the seal lisheries in 15eli ring's Sea. Inclosure in No. Ibo. i:ilri(rlsfii,„i /•■III rV i,/ til, M,:t.vi;i,: from thi: Pnmil-nt nf llir irniUd SI'ilc-: of luhni'irn VI. ISS'.l, :>Wli C(>iliiri:>iK, 2llil >'!>«/(;,(, Er. JJiir. Ai/. ](lil. Mr. Piihtici' Iv Mr. Adnta^. Crrini-liiiiciii. tl'ii.diiiii/lu'i. Jiini'iirt/ 'iU (Fihrnari/ II), IK'.'.. TIIK L'liiii'isi.uiu'il, lMivi>y iv\lriHii'iliiiiU'v and .Miiii>U'r l'lriii|iuU'iitiiiry nf His Jlajusly lli^' fjiipiaur iif All llic liiissiiis, in (.■dusuihilmu'c nl' urdiM.-i whicli liavi; liili'ly rciiclii'd liiiii. liasU'iis lidivwitli 111 tniM.^iiiil III Mr. Adiiiiis, .Si'civUuy uf tllate in tlii' ]lc]iiirti]K'iit nT l-'oicijiii All'air';. ii priiiti'd ('n|iy nl ihi' l!c"4iilaliuiis adiiptfil Ky tlio J!iissian-.\iiU'iicaii ('iiin|iaMy. ami suiKtiiniiMl liy His Iinpi rial Maji.sty. ii'lalivM til fniL'iirn nmuni'ivc in tlic waters buidfriii',' tin- I'slalilislnnciils ef tlir said (.'niiiiniMy mi iliv iinrlli-'vest ('nasi nf AiiiPlira. 'I'lio riiili'Vsi,^iR'd iiini'civu.s it tn Iju, moivdvci', liis ihil\ In inrurm .Mr. AdaiiH tlial tlic Iiii|'iriiil ( liivriiiMii'iit. ill ailiipliiiu; tliu liejiidalimi, siip|jnsrs that ii riiiri|.;ii siiip, wliirh sliall liavi' sailed l'i"ni ii iMinipi'ali pint alui the 1st, .March, 1.S_'2, nr I'l-oin mic uf tlie jiinls ul' tin' L'nilud Slali'.s after tlu' I -t .lulv 111' till! same M'ar. iMiiinit lawfiiUv )iieti'iiil i','iii)runi;i' nf lliesi: new nieasiiies. Tlie I'riiler-i- 1. &e, (Siu'iied) I'iKKKK hi: I'dl.KTIiA. I iJi-ul;, ii'l.'liii. llpell !!. I ill till llHlll 1 Kii-i,,, I'I'I h,, .Stiit..s ■ I'MI-lie.sl "•llirl, O'llUili" Ve..,.N eXlell.U Til iiHiriM pnii.i|,l ii'-Villatl llleliisiire I. ' 'lief (// Jlis Jiii/ii'i-dd Miiji^tit, Aiihicriil "/ All Ih A'K.tf/es. 'I'll Ii iliieriiie.; Si'ii" I liiiiketli kiiHWii iiiilii all uieii : Wliavas ii an '' ' ul' His Imperial Miijesiy issueil tu the dirceliiiL; Senate on llie IlliilaV'; .Sejileiiilier, and ■ i;;ne I I.; His Majesty '.■< nwn liaml, il is Hills i.\|ire.«seil : — ■ OI'servMii.', ''"11111 ltepiirt.>< »iili|iiilteil In lis, tliat tlic tiaile ul' mir siilijeels on the Aleiitiiiii Islumls ami uii III! iini!li-'Vi . (■uiisi (if .Vnieiiea. ii|i)ierlaiiiiiiij iintu Itiis-^ia, is siilijecl, lifeiiiise of senel iiiul illieit trallie, I 1 I ;i|M, ssiiai anil iiniieiliMienl-* ■ aiiillimlin;/ that llie piiiicipal laiisu uf ihese ditlieiiUif- is tile waiil ul liiiles esialilisliini,' llie liuiniilaries liir iiaiiyatiuli aluii;; these euasts. anil the miler il naval eiiiMiiiiiiiiialiuu. as well in ihese )ilaees as mi Ihewhule uf llie nislein eu.ist uf Silieiia iiii'l II:'- • No. ISJ, .All iiin lli-r Inn IV. 1 Kiis "1 III ia "11" II', '.■nil I'll — / 2ai» Kiiiili' I-laiiliiivi' iliM'i I ii iii-iis.-.;it) III ili'lijiiiiiii!- llii'-i' i uiiiiaiiiLiriUiinis liy sjii'.ilii; i;ii,'iiliiliijM.-, uliiili lire liiTi'lo attiii:licil. • III lnnvardiivj tlicsc 1;i"_'uImi imis id iln.' (liriM-liiitrSi'iiiUr, wv ciiimiKUni t .,il ihu .•^iiiiii' lui imbliiliud fi.r iiiu\ii-.:l iiil'iiniiaUi.ii. ;iii.l thai iln- ]irH]ii.'r iiiuasaii-- li ■ taken tu eariy llicrn into fxcrmioii," (Si^ I_i CiMiiit l>. cA'VW'.V. .\/:iil.4i r '•/ f'-iiiiiwci. It i- riicrurnri' ili'i |-.'-l liv Un- 'lifia-iinL' S.^iiati' lliat liis liiipi-vial Majc^ly's Kilict It intlilishitd lnv .ill' inlnrliialinii ul'iiU iiicii. .iml liiat tin; siiini' Ik; i.Ii,-\i"i !>v all '.vliuiii il iiiav njiirfiii. fTlir iiri'_'iiial is .si^rai'il li.v tlii' iliin'liii'j Siiiatc | I'liiilnl at .'^l. ri'ttaKliiireli. Ill till' SiMiad'. tiir Tlii Sc;;leiiilii-i-. [H'Zi. [I In till' iii-i'_'iiial is wiiUi'ii. in llic. Iifiiidwiiliiiy nf His Jiii]icriil Majcsly, Uiii- :] I'll it ar(:iiV(lill'.,'lv. (Siync/ih ALKXANDKl; K'l III' 11111,1/ ilisli-iill', iSi'jilriiihii- 4, l.'^L'l. Iiu-ldsuni 11, y.'ii/rs raliihlUhrit fur tin Jjimil'i of Xnrhinlion iind Order iif Commiivirfifinit nlniuj the rmiM af ilx Kns/rnt ,s'/7ii )•(>/. Ini: ■.'iiii-lli.-uxuh.n' cmid nf Am/:iica, a/id the Aknliiin, A'l'i-ili', nml n/lur fs/inn/". SK(."ri(lN 1. Till' (airsiiils nl i.-i'iiimcrc(i, whaling, anil lisliin'.'. ami nl all iiiiirr imlnstry. mi all biiiinis, |iuils. ami mill's, iiicliiiliii^ tin' wlmli- nl' llii; norlli-wti^l coast nl' Aniiiica. lii'u'iiininu iVimi IVIuiii^^s HUn'n to llu- iJlst ilegiiai i.i' nia'tlifiii l.ailuili'; atsu IViiiii tin' Ali'iilinli Islamls In lint rastm'!* mast III' Silii-liil, a-i WfU as alnn;; llu- KmiU' Islands hom l!i'liriiii;'s Strait In tliu soulli ca\v nl llii' Ulauil nf Unip. viz.. In ■)" nil' iinriliiiii lalitiido, avi' i-.\fliisivfly •_'ninti.'d tn liussiuii nuliji'Cts. Sic. 1!. Il is Uifi-cl'm-o iifnluliitud In all Iniciiin \cs.scls nnl mily tn land mi llu; ciuists and islands iiclniiiriii;; In llnssia, a.s staled aJmvi-, liiit alriX(V Ai>.VMs, on Ihe llh d;ivil .1/,. /•,./, /nil t.i Mi: J. I,,,.,-.. W'liiliiiiillfii. Fiiinmri/ L'Si, l.sJLiL'. Ml.'. I'lU.KTIt 'A r )ilicd nil I lie 'iStli nf ilie same month, and. after Ljivin^.' a summarv nf hislorical iliciileiits which siemeii in him In eslahlijh the title •<( ltus>-ia tn ihe tiTrilnric- in ipieslinii liv liv-t ili-inviiT. saiil :— "I .shall he ninre sncc'ucl. Sir, in 11 vpo.sition nl the iimiiM's wliii li delen.uned llic Imperial ""*' I'l Ill lo in'iihihit l'oieii,'ti ve,..sel.s from appro.ichiiir; the north-west co.ist of America licloii;.'in;4 f" Hii<-i;i within the ilistaiiee of nt leasl tmi IimHiiii miles, This nieasiire. however .seM'ie il may at tirsl ■'L'!"-'!' is. alter all, hct a meiisme of prevcntinn 11 is e\cliisively dincieil iiu'ainsi the latlliahlr i.'ntcrpiise.s of foreign lulvijntnivi's, who. not cniitent with c.U'rcis.Mifj; u^mii ihe eoasls above meniiniieil 240 ill! illicit tnidu very inujuilirial tci tlii! rijjlils lo-civid L-miiiUy In llii' li'ns-iiiii-Aiiiciiciiii ('iini]i;iliy, take upon them liL'siilcs tii I'liniiHli iivnis uiul iiMiiiniiiitiou In the iialivc^.s in tin: Kiis.siiiii )pijssc'ssiiiiis in Aiiierii'ii, cxcitiiij; lliein liiiuwise in uvury iiiainuT tn rusi^t itml ii'Vull iij^aiiist. tin- imtlnnilii'S tlnTi' established. "The AiiR'tican (liivernnuMit doubtless rcciillccts ihat llii' ittcijulat eniiihirt uf Ihcsf adventurers, the inajorily of whoni was eomiifisetl of Ameriran cili/i'ns, has liccn tlic olijeit nf tlie. most |irpssinf: renionstrauees on the iiait of Jlussin tn tlir Kedeial I Invei-Mmcnt Irom the lime tliat Hiphinuitii' Alissions were organized between the rnuntrics. Thi'se remonslranees, repealed at dillereul liuio, remain eonstantly witliout elfeet, and llie inrouvenienee.s to wliii'h liny ouLiht to lirin.i; a renicily continue to inereasc "1 ought, in tlie last jilace, tn request you to eonsider, t>ir, that ihi' liussian possessions in llu' Pacific Ocean extend, on the north-west coast of Anieriea, from I lidi ring's ''trait to the Tilst degree of north latitude, and on tlie o]i|iosite side of Asia and the islands adj.ieent, fnim the same strait to the 45th degree. The extent of sea of wliieh these ]iossessions fnrni the Ihrdts iiimprehends all tin- conditions which are ordinarily attached to shut .seas cniers feriniVs"), and tlie liussian (Jovermneiit might consciiuently Judge itself aulhorizeil to exereisc; n|>ijn this .sea tin- right of .sovereignty, aiiil especially that of entirely interdicting tlie entrance of foreigners, lint il ]ireferred mdy a'^sertiii'.' it- essential rights without taking any iidvautagi; of localities." Mf. Ail.oiiit: tu Mi: I'dli'U' Sir. iJii'iii-hiiiu' ijf.Slii/,, Wn.-^hi.vilua. Mairh oil, I82L', I HAVE liad the honour of receiving your letter of the L'Stli ultimo, whieh has been .submitted ti. the consideration of the I'resident of the United States. From the deduction whicli it cuntains nf tlie groumU ii|Kin whii'li .\iiirles nl 1,'egulation (pf tlip Russian-American Company have now, fur the first time, extended the claim uf Wiissia mi the north- west coast of America to the olst degree o!' norlli latitude, its only loiindaUnn ajipears to lie t!ic existence of the siimll .Settlement (if N'ovo Areliaiige!>l<, situated, not on the Amerieiin eoiitiiieiil, hut upon a sniull i.sland in latitude .'iT' ; and tln' ]ainei|ile iipnn wliieh you stale thai lids claim is new advanced is that the ."Isl degree is eipiidistaiil. from the Settlement of Xovo .\iehaiigelsl< and tlii' establishment (if the I'liited States at the mouth of the 1,'oliiniliia Iiiver. lint, from the same 'talc- ment, it apjiears that, in the year 179'.'. the limits prescribed by the Kin]ieror I'aul to llie Kie-siau- American Company were fixed at the .""i-'ith degree nf latitude, and that, in assuming now the lalitiidc h1\ a new pretension is asserted, to wliieh no selilement made since the year IT'.TI has given llu- colour of a sanction. This |iretension is to be considered not only with reference lo the ([Uestinii nl' territorial right. Inn also to that pmbibitinn to the ve3.sel.s of other nulions, imdudiiig those of the I'nited Slates, to a]ipr(iai!li within IIMJ Italian miles of the coiists. From the pi«iod of the e.\istcnoe nf tin; riiited Stales a< an inde]icn(lcnt nation, their vessels liave freely navigated those seas, and the right In navicale llieiii is a part nf that independence. ■With regard to the suggestion that (he liussian tloveniment might have juslilled the exeici.se of .sovereignty over the I'acifie Ocean as a dnse sea, liecaiise it claims territory linth nn its Anieiicaii alul A.siatic shores, it may sutlice to say that the distance fnnii sliiav In shore on this sim. in latitude "il north, is not less than 'M) degrees of hingitude, or 4,iiOO miles. As little can the I'niled States accede lo the justice of the lea.son assigned for the pniliibiiinii above mentioned. The right of the citizens of the I'liitcd States lo Imld coninien.-e wilh the aborigiii.il natives of the imrtli-west (^last of America, wilhniit the lerrilnrial jurisdictinii of other nations, even in arni.s and munitions of war, is us clear and indisputable as that of navigating the seas. That right Iia.- never been cxerei.'-ed in a sjiirit nnfiieiidly to liussia ; and, althniigh general complaints Imw occasionally been made on the subject nf this coiiimerce by some nf ynur predeces.sors, no specilicgruaiiil of charge has ever been alleged by them nf any traiisa('tioii in it which llii' United States were, by tlic ordinary laws and usages of nations, bound either In restrain nr to punish. Had aiiv such idiarge been made, it would have received the nmst pointed atleiilion of this (iovernmeiit. with the sineeresl ,ili(l firmest dis|iosition to perlnrm every act and nblieatimi nf jiHlice to ynurs which cniild have bccii required. I am cnmmanded by thii President of the I'nited Slates lo assure you that this dlsposilinn will continue to In; enter'ained, together with the enrne.st desire thai the harmonious relations hetwcoii the two emintvies may be preserved. l{(dying 11)1(111 the assurance in your iintii of similar dispnsitiniis reciprncally eiiterlaiiicd Imperial Majesty Inwards the United States, the I'resident is persuaded that the eitizetis nf lliir will remain iiMninleslcd in the iirnsecutinii nf their hi" till cniiimci'cc. and Ihat im eli'eci uilM to an interdiction manifestly incninpulibli! with their rights. I am, iVi . (Sianed) .KHIN (.MIMA Al', Mr. Poldim to Mi: Ai/(tiii\ (Extrnct.) _ Washuinlon. Ajm/ 2, 18:!-'. Ml!. rOI.r.Til .\ re|ilied on the L'nd April I'nllnu.rig, and after again I'lidiiavouriiig to prove flif title nf lfu.ssia In the imith-wcst coiust of Anieriea. I'rom llehring's Straits to Ihe ."ilst degree of uortli lutilutle. said : " In the same manner the great extent nf the I'acilic llccaii at the "ilst degree nf l.'litude canii"! jnvalidalc llie light wlilcb llu-.-ia may have n| eniisideriici tliat part nl' Ihe ocean as i Inse, Hut a« the bv Hi- I'hin 1 iiioii 1.1 .\i • .jncii ia i!ii ■"null M.x el 11,,' rc.|,c, 111 lie Ii.kIiii I'llilM 'iiiii|iiiMy, tiiki' ]iii.sin;; 111 Dipliinmtic lilVcroul l,imi.'s, r'nrj, ii ifim:iiv si'ssioiis ill the I st (logrce of if slrait l'> till- vIu'IkIs all llii- 111 (iliVlTlimrllt nvi'ri;i;_'iity, iiml Iv ii^scrtiii',' II- 241 I|M]«'iiiil fiovciiiiiioiil Inn iimI llioii'jlil lit di liil;c inhaiit:!;,'!' ol' llial ii'.;lit. all I'lirllicr disnis^ioii on this slllijcrt wiuilil hv illll'. " As to llif riylil. rlainicil for tlir i/ilizt-iis of ilio riiiunl Sliilos of Iniiliiii,' witli llio iialivcs of tlit^ (■(piimrv uf tlio norlli-wf.st noast of Aiufrica, without tlio limits of the JiirisilifMioii Ijcloii^iii;; to Ii'iis-iia, the liii]ieiial (loviTiiiiii'iil will not i;citaiiily lliink of liniitinLT it, ancl ■^liU lc-< of attackiii',' it lliclr." Mr. AilaiHH to Ml-. MitldhkiV: (Kvliacl.) Ikpni-liiKill i[t' Sliilr. Il'ii.s/,lii,/lr„,.fi'/,, 'J-J. IK^o. Fl;l>^^ tin' tcnonr of the l'kasi> of the 4lli f lOtlO Sf|p|i'inlifr, l.SL'l.thi' ]jrctiiisioiis of the Iinpi'i-ial (lov(>inni('iit cxtcnil to 1111 (wcliisive tcrritoiial jiiiisdirlioii fioin the -I'ltli dou'i'i'i; of noitli lalituilc, on till' A^liitic coast, to the latitiiiliMif ol north on thy wcstoni coast of tin; Aiiioricaii coiitinciit : and tlii'V a.ssuimi the li^lit of iiilcrdirtinir thr navi;,'atioii ami lishcrv of all other nations to tlio cxtciil of Inn miles from ihc wluih- of that roa^l. Tin.' I'niled States eaii admit no |iait of tlii'.^i- clainiti. Tlu'ir rii,'lii of naviiiatirin and of lisliim; is licrtcet, ami has hei'ii in coiistant oxcrniso from tin; earliest timi's, aftcM' the I'eaee of 17'^-!. throin^hoiit the whole extent of the Soiitliern Oce.aii, siihjeet only to tin; onliiiary exceptions and exeliisions of the territorial Jurisdictions, which, so fiiv as Jiiissian ri^dits are eoiicerned, are confined to certain islands iierlli of the ."lotli dc'ivo of latitinlc. and have no existence on the (Jontineut of America. iirh 3(t, 1822. len Muhniiited ti. (•milatioll of tliP •ia oil llie north- ]iears to be the 11 cinitiiicnt, 1ml lis ('laini is now an','elsU and tile 1 the same 'lati'- to the Jiii'-siini- iiow the latitude lias <,dveii tlie ritorial ri:_dit, Imi tatci, 1o aliproaeli iiited States a< all avi'.;ate them is ;i i.'d the i'xeici, oiirint; to prove Ihf 1st (h'l^rci! of north ! of l.ititude caiili"' ) (.hwe. Hut as ih' .\T the fourth ('miferciice which iircct-ded the ^ij,'nutnre of the Treaty of the 5th (17th) Ajiril, ISJt, ,Mr. Middleton, the I'liited States' IJopre.sentalivc, .snhmitted to (.'uunt Nusselrode the follow iiii; pajier: — "(TniiLslatioii.) ■'Tlie dominion cannot he ac,|iiircd hiii hy a real oreiipaliiHi and po.sses-ion, and an intenlion (' aiiiiuus ')lo e-lalilish it is hy no means snOicient. " Now, it is clear, accordiin.,' to the hicts estahlished, that neither Kiis'^ia nor any otlier Kiiro]ie4m I'ouir has the right of dominion upon the continent of Ann.iica lietween the ."aitli ami (jiltli degrr.'cs of imitli latitude. ■ SI ill less has she the dominion of the adjai cut maritime teirit'ay.ur of the sea which washes these ei'asls. a doiniiiion which is only aecessoiy to the territorial dominion. "Therehire she has not the riylit of exclusion or of admi-sinii i.n these coa-^ts. nor in these -icas, wiiieli are free seas. '■ The ri.Ljhl of iiavij^atim; all the free .-^eas hidoiiLis, hy natural law , to e\ cry indepiudiail nation, and even cotistitntes an es.sential part of this independem e. " The I'nitcd Slates have I'Xerciscd navigation in the ,^ea-, and coniinerce iipiai llie coasts ahuve laiiitioni'd, from the lime of their inilepeiidence ; and they have it jierfect right to this navigation and to this commerce, mid they can only he de]irived of it hy their ■iwti net or hy a Convention." Kilracl from Voiirnifion ij' Ajinl o (17). 1824. .\I;TI(jI,K I. It isngreed that, in any part of the L'rcat ocean, commonly called the I'licilic tJcean or Siiiilh Sea, the respective citizens or sulijcct.s of the Jligli t.'ontracting Towers shall he neither dis- lurheil nor restrained, either in navigation or in llshing.or in the jiower of resorting' to the c'oasts, upon piiiiils which may not alii'ady liavi; heeti (iccii|)ied, hir the purpose of trading with the natives, saving id\ii';U 1(111 II! r Ilic IVlli Artitlc iif llii- C 111' ^H■>■^ with I! Mill iirilikclv ti) lin iiUi'iiilul wiili (lilili iillii's III imr cili/ciis fiviiiicnlitiL; lliat foast, in |iiii-siiit nf lawt'iil iilijcits. Tlie leiiiliii;^ t'l'iiliiirs 111 Oic casr, to wliitli ymil' altcntinii is now iiivitcil (tlm iiarliriilar^; ul' wliirli an- iiiiiiii I'lilly liclailcil ill llic iiicliiscil pii|)V III' a k'ltiT, ilali'il llic 2-itli Nnvriiilicr lasl, rriiiii .1. ( '. .Iiini's, Cunsiil nf ihe I'liilril .Stales al liic S.iiiihvirli Islamls, In this 1 l>'|iartiiii'iil, ami ul' tin- jiiiitcsl luwlilrli it lorcis), iiie as I'lillnvvs : — Tlif ,\!iu'iii.'aii lniu'" f.uvinl," liliiiii, inastiir, sailed I'ruin the |iiiit nl'Oalni mi ihe liL'inl Anu'iist last, linnml to the north-west coasi ul' America, I'or the |iiniiiisc of ]iiuiiniiiu provisiuiis, ami aNo Imliaus to hum I'or sea-olter on the saiil euast. It apiieais thai she niaile tiie laiul ealleil Furrester's Islanil on llio 1-kh Se|itemlier I'ollowiiiu'. ami on the lulli anehouil in the harhoiir of 'I'lieKessaii, laliluile 'i I "i.'/ mirlli. ami lom;itmle l:!-' :jo' west; thai on the ISlh a liiissian armeil hrij; arriveil in the harlnair (i[ Tale>l;ey, laiitiule "il I.V north, ami lon^itiiile IMl.' "iu' west : that mi the siiceeeilin,^' day the ■' l.uriiil " was lioarded hy ollieeis I'nim llie Ullssian hrii:, >vlio orden'd tlie eaiilain ol' the Aineiii'iiii vessel til leave the dumiiUdiis uf His Maje-ity the Kin|ieiiir of lliissia ; thai ('ii]ilaiii llliiin then re|iiiir('il on liuard the Kassian hri;,'. where the same orders were re,ie.ited tii him liy the Cmninamler ; that mi the "illth and LMrd days ul' the same nio.ith these orders were reiterated ; that un the :J.''ilh Ihe '• [.mini ' was lioardiMl liy two armed lio.its from the liussian \ "J >iliil, . irn-iliiirihiii. .\'i 'i /ii'.rc ;!, I.S.'IT. WITIF relifience to your reniaik-< rci^ardim,,' the ]iruper cuiisirui'tiun of the Convention uf .\pril IMlid liitween the riiited States anil Itussia, the Isl .Xrticie of llial iiisl runieul is only declaratory "f a v\'^]\i. which the parties lo it possessed, under the law uf iiatiuiis, wilhuul Cuiiveiil iuiial stiiiulatiiiiis, lo v.it. lo iia\ iLtiite and lisli in the ocean iijion an iimiceupleil cuilsI, and tu resort tu ^ueh eoasl lor tlii.' purpose nf traiiilcj v. itii the natives. No. 1S(). Mr. Eiiuintles In Ilic Miinjiiis of Siili.thiini. — (Hcrfirril .iprll (i.) My lifird, U'lisliiniit'jn, Mnrrli ■>'■), IHM). \\ ITir T'ofoi'citci! lo niv dcsptitiili 111' tlic I'Slli iiistiitil, In my lclcL;r.uii of tlio 2.'?f(l iiisftitit, to your Lnivisliiji's tidcui'mn of t-lu^ '2'\\'(\ iiislntit, .'itiil (o my li'lc- i^'i'.im of llii' stitnc (Itiv. I liiivc, tlir liniioiir lo rc;ioi'l, Ihiil the rroi'liimtition issm'il on Mil- iirtcviiooti of the 'J'ind insljiiit liy llio I'l'i'siiionl. (l.'rlafiiio- tint, nil |irisims eiitonii!,' llio waters 111' Hcliriii;4".s Soti williiii tliu (ioiiiiiiii ol' Ilic I'tiitcil Stiiti'S I'or the M\ !., W Act 1, lim III Cmi:;i-i O copy 11 licller |mr|i,> T i.s here 1)1' ;i M "1' ll,(. Willi, II Mr, I) 243 V KiiKSVni. p'.irpnsc of killiiiir riir-I)orii'in:r .■iiiiniMis, r)r nf vidlntiiii? lif^ulntioiis to 1)(> mndo with rcLr.'ii'il to tlic saliimii (islii'iics ol' A!.•l^Ka, slinll ln' ;irr('-.t('(l iiiid their vessels, A:c., seized, li;i! been issued on tlic jiower .|)iiieh ol' the isth instnnl. inid \\;is one of the I;!--! Acts \\iii(dl \v;is passed in tiie (dosini; hours of t'on'J:i("-s. '{'lie iiill oiiuinated in tlie Senate where it was passed, altei' lia\inu' i'l'en rediK'cd to sections I and 'J, of tin- pi'esi lit Act, and in that condition sent to the lioiisi'. At that time lliere was helere tlw House anol iier liill of similar inip(/rl, \\ hiidi had lieen referred hacd\ from the Coniniittee ol .Meichant .Mai-iiie and J'islieries. and was uaitiiin' to l'(! rca^ection .■> was added to it as all ■niiiendmeni, ul!il liour l>y liotli Houses. I am told that the {'resident's approval and siunature were really only (ihtainc(l on Sunday, the lird instant, hut as that day is nid a lci;al day, the apjiroval is dateil the L'nd instant . liike many other Acts, i! was huiaicd thi'ouuh the LcLiislature in its last hours «ithnut any hut i's innnediate insi i^iators havinir any knowledu'cof its scope or even of its clVcct, and then- can he no douht hut that the j louse am nilnu'nt to thi' Senate Mill, that is to say, section ."!, has heeii tin' work of those interc-teil in the Alaska I'ur-seal Company. 'I'hc ['resident has lost no tinu' in makiuLr use of the authoia'ty it has i;i\en him, liy issuinu' the I'roclaniaticiU whi(di appi'ared yesterday, one of the ohjecls of whicdi is to a '4a in assert the (da im of the United ^tates to dominion over the Hcduiniv's Sea, whi(di claim the I'nitcd States' (io\crnnM'nt () of tho Uevised Statutes provides for the puidshment nf [x-rsons killinu' fnrdiearint,' animals without the authorization of the Secretary of the Treasury (the t.akiiiijof seals heini; still further restricted) •' within tlui limits of Alaska 'rorritory, or in the waters thereof." Si'ction ;5 of the Act of the L'nd Mandi. T^si), exlemls se<'tion l'.)."i(! to '• all tho donnnion of the I'nitcd Stales in the walers of the HcdiriuLr's ^c.i.' . "Ij It may eonsei|nently he ilcu^-ht that the l'ro(dam;iti'iii I'ollouinir upon the Act is an aliempt to settle .an international (iiu'siion. w hicdi, douht Ic^s, diher l.'owers may still ('t)Msider an open (uie. 1 liavc, JVC. (Si-ued) 11. (i. i;i)\v.\i:i)i;s. Xo. Js7. My. EtI utndes to tlic Maiijiiis of Siilixliiiri).—~{l!rrrii(-il .l/iril .').) My l.m-il, U'lisliiiKjtioi. Mnrrli I'.'i, 1 SS'.). \\ ri'll nd'erence tn tny despatch of the istli instant, inclosint;- a copy of the ,\rl Id pro\ide tor the in-oteclion of the sdmon lisheri<'s of Alaska. I li:;ve now the hnnoni' to report in detail the course of tl.is Act thrnuuli the two Housivs iu Congress. On the li.")tli {''ehniary, Mr. Stockhridi^e. Senator hu' .Michiuan, introiluced a Kill, ciipy inclised, to amend section IUIi;i of the Uciised Statutes, and to pi'ovidc for tho lii'llcr ])rotccti()n of the fur seals .and salmon lishei'ies of Alaska, and for other purposes, whiidi was read twice and referred to tln> ("ommittce on T'lslu'ries. 'I'lie Mill was repiii'ieil hick hy .\| r. Stnckhi idue a fi'w da\ s later, copy of Kep(n-t is liiaew illi incdo.se.l, the Commiltcc havini;' recomnu'nded an ameiuhnent In the nature of a Md)s|itute. The whole Mill as anu'iidcd then consisted solclyof sections I and 2 <|f the Act as ultimately p.asscd, and iu that slate il was passed hy the Senate, ainiost; without discussion. Tlie Mill WHS tiien l)ronn;ht up heHnc the House, ;iml an amenilincnl w;is olVerod Mr. Dunn, wliitdi added ;i .section li. 'I'lie amendment ran as follows : — [l:'8] '1 I '> 2U " .Section 8. Tliiit section I'Jjd oi' tlic llcviscd Statutes ol' tlm United States w;w iutciKleil to include and a|)|)ly, and is lien-liy declared to include and apply, to all the ■n-atei's in Helirintf's S(!a in Alaska eniliraciul within the i)onndary lines mentioned and descrihed in the Treaty with liussia, dati-d ;$Otli ]\Iarcli, a.d. ls()7, hy which the 'J'errilory ot' Alaska was ceiled to the Iniled States; and it shall he Ihe duly of the {.'resident at :v timely season in each year to issue his I'l'oelaniatiou. and (;aus(! tin' sanii; to he puhlislied I'ur one month in at least one newspaper puhlished at <'ac]i I'nited States' |)(irt of entry on llie I'acilie coast, waniiuL;' all persons a'^ainst cnterini,' said tei'ritory and waters for the pur|)ose of violatiim' Ihe ]M'f)visions of said section ; and lie shall also cause one or more vessels of the United .States to dilii,'eMth' cruize said waters, and arrest all persons and seize all vt'sscls I'ound to he. or to have heon, onuaired in any violation of the Laws of the L'inI.ed States therein :" and, after an explanation that the ohject of the amendment was sohdy the ])reservation of seals from oxierminalion, was jJMssed. When the Uill (^anie Lack to the Senate, the IFouse anieiidnii'ut ahove cited was disaLcreed to ; the ohjection heiui; made that the amend- ment touched upon tl'.e (|ueslion of the riLj'hIs of the (iovernment of the I'niled Stales. These, it was maintaineil hy Senator .M(ir'.;an, had not heen considered, or intended lo })e considered, in the orininal Senate Hill, and tliero w;is now no time to consider a (|iiestioii of such importance. A (^)iifi'i'ence of lli(! two Houses was consel one ne\\spa])er if any such there he ])ul)lished .at each United Suites' port of entry on the I'acilie e )asl, warning' all persons ayainst cnlerintr said walers i'or the purpose of violalinu' Ihe ])rovisi(ms of said seclicni; .and he shall also cause one or iuore vessels of the I'niled Slates to diliLfcntly cruize said waters, and arrest all persons and seize all vessels found to lie, oi- lo have heen, engay;ed in any violation of the JiaAvs of the United Stales therein." In this shajie the Bill was nltimalely a(M'(.'pted hy both Houses, the Couferrecs from llie Houses reeoijnizin!:; that there was no timc^ to allow of the discussion and passaire of another Hill of similar imporl iulroduced into the if()us(> hy Mr. Dimii, The ;ip]miv.i) ,-ind si^-nature hy the J'residcnl were obtained on llu; last day of the Session. I''urlher copies ol' Ihe Ad .are hereA\iili inclosed, tog'ether uilli Ihe full report iil till' proeeedinus laken from the Coiu^'ressioiial liecord. 1 have, iVc. (Bigued) II. G. EDWAKDES. luclosure 1 in No. 187. .'lOTif CoNGiiEss, :J.\u Skction. — S. .S91);5. Iv rm; S!;v.\ti: of 'iiie I.'niikd Si'.\-|'i;s. Tcbruaiy 25, IHS'J. Mr. .Stockhi'iilirc introduced the followini,' liill: which w.as re;iil twice and rolerred to the Commillee on l'"islitrios. A Hill lo iimvnd Srrlinn HKi.') of tin' Rrvispil Slofnles-, aurl lo j/rnriilc fur Ihe lir/lrr I'lnlcrliim 'if III'' Fur Infills II 11(1 Siiliii'iii l'"isli(-rii:s if .lliiskn, iind for oilier Purjin.sef. I?1j il enacted, by the Senate and House of Uepresenlalivcs id' the Uiuted Sfatos' of Aniei'ica in Con^^icss .assembled: that section T.iti.'J of Ihe Kevised Slalutes of llu' United Stales he amended so as lo read as follows: — " Section I'.KJ:}. Within one yisar ])rior to the time wbon Ihe h'ase heretofore! raiulo Ly Ihe Secrelary of tin? Treasury to the Alaska Conunendal (JomjKUiy, of tlu; rii^ht l(i euu'au'c in lakiiiu' fur seals on tlu; islands of St. I'anl ami St. ( ie (if t,li(! Unitctl States, lla^•^ng dun ri'Lraril to tin' irilcrcsts of llic (irivornmciit, tlii' iiativo inhabitants, thoir comfort, niniiitiMianccs and cdiicatioii, as well as to tlie iiitcnists of the parties lii;retol'oro (■iii.Mt,'ed ill tlie Iradc and the jiroteetion ol' Ilic iislieries, Die ri^'lit of talvin;^ I'lir seals (111 the islands licrcin nnnicd, and of sendini,' a vessid or vessels to the islands for the skins of siieh seals, for the term of twenty years, at an annual rental of not less than fld.i/OO dollars, to be reserv(>d in such lease and secured by a dejiosit of United States' !,(iiiils to thai amount ; and tlie additional sum of not less than IJ dol. 50 e. for each fur M'al-skin taken and shipped from the islands oC St. I'anl and St. tieorge duriui; the ciiiitiMUance of any lease, to lie ))aid into the Treasury of the United States, and every such lease shall be" duly exeeuteil in dnplicale, :ind shall not be transferable; and the Secretary of the 'IVeasnry is (Mupowercd to mal\(! all needful rei;-ulMtions for the eullcclion and payment of (he saii'.e, and to secure the comfort, maintenance, education, iiiid protection of the natives of those islands, and also to carry info i'liU cll'cct all the piMvisions of this cha])ter, cxcejit as otiierwise prescribed. And he shall i;i\c at least sixty days' notice of the letting of said lease, by )iublieatiou in at h.'ast one daily paper imhlished in the cities of 15oston, New ^'ork, I'hiladelphia, llilfimore, Washington, ('liicai;o, New Orleans, St. f/ouis, and Sail i'rancisco, inviting bids for the same." Sec. -2. That section VX>() of the J'eviscd Statut(.'s (if the United States was iiilciided to in(diid(! anil apply, and is hereby declared 1o iiuditde and aiiply, to all thc wali'Vs of Keliriiig's Sea in Alaska embraced within tlu; boundary lines inenlioued and th Russia. da((>d :;i)lli :\l:ir(li, \.ii TSCT, bv Avhicli (he I'ibcd In (hi' 'rrea(v wi I'ci rid irv of Alaska was ceded to (he rnited States ; and i( dl be the dutv of (ho I'l'esident, at a timely season in eaidi year, to issue his I'roclamalioi. and cause the sniiie (o lie jmblishod for one Jiionth in a( least one )iewspaper published at each I'liitcil States' port of entry on the Patdlic coast, warning all jiersons against entering s;iiil (ervitory and waters for the ])urpose of violalim^ the provisiims of said seetiim; mill he shall also cause one or more vess(ds of the L uitcd States to diligently cruize siiiil waters, and arrest all persons, and seize all vessels found to be, or to have been, I'liLtau'ed in anv violation of the 1,'iws of the United S(a(es therein. Sci Thai section I'.Xi'.t of (Ik- licvised Statutes of the Unified S(a(es bi (I the siinie is hereby, repealed. Sec. 1. 'That the erection of dams, barricades, or odier obstructions in any of (lie rivers of Alaska, with (he purpose or result of prevendiig or im[)ciling the ascent of salmon or oilier anndromoiis s])eeies to their sjiawning grounds, is hereby declared to he unlawful, and the S(!cretary of (he Treasury is hereby authorized and directed to ostnhlish such rvcgulations and surveillance as maj' be necessary (o insure (hat this iidhibidon is s(ric(ly enfor''ed; and every jierson who shall be found guilty of a I" violation of tli(> ]ir()visions of (his sec(ion shall be lined not less (ban L'.'iO dolhi each dav of the continuance of such obstriicii'in. 'I'hal the Commissioner of l"ish Kish IS heriMiy emp d and (lirced'd io institute an invest iu:ation into (he habits, abundance, and distribution of tl le s.'umoii III Alas iif ri as well as (hi Avith a view iii'C(!ssary to prev ]iresciit conditions and metlioi lis of (he lisiieries, imeiulim;' to CouLtress such additional legislation as mav hi ;n( (h le impairinen ( or exhausti if these valuable fisheries, and III them under regular and piTinauent conditions- of producti md rijferred (o Inelosurc '2 In No. Is7. 'lOiai CoNGKKSs, 2nj> SiissniN. — Hki'out No. 2GS7. Iv Tin; Si;natio of tiuc UxiTrn Stati-.s. I'eijruary '2~, 1S8'.). — Ordered (o hi; priided Air. Stoekhridge, from tin; Cominittce '\ of (Ik; licvisinl S(a(utes, and to jirovide for (he better protection of the fur seals and salmim fisheries of Alaska, and for other purposes, beg leave (o 'iller a snbstitute therefor, togcMier ;vi(h the accompanying l»eport : • 2M') Salmon of (lillin'cnt specie^ ;ii'(> a1)iin(l(iiitly dislrihiitcd to ;i!i the wiitcrs ol" Alaska from liiitish Colombia to Nrntoit Sound. 'I'lic "ji'i'iitcv portion ol' their lilc is s|)CMt. in saltwater. 'Iliey enter tlie rivers mainly for the piirixjse of reprodnetion, and it is there that tliey lieeome the olijeelol' pnrsnit and capture. Tlu' sjjawniiu^ i^rouuds an; on the u;r;.velly Ix'ds at the sources of the rivers. Any olistruetions pl.aeed in the rivers 'wliicli wholly or in consideralilc me.'isuro prevent them I'roui rearliini;' tln-ir sjiawniui; ui'ounds will in a very short period of time result in the dislrueliou of valuable lisiierie^, w hieh under judicious rcLiulaliciii and restraint are a source of coniinuiiii,' wealth and product ion lo the iidialiitantsof tho territory. L'[) to the present time one river only, the Korluk, on I he Island of Jvoiliak, lias been scuiously ohslructed hy the use of (hiiiis or harrii'adcs to arri'st tlu; ascent of salmon. This stream, hardly 21) miles loni;', yi(dded duriui;' the season of 18S8 salmon to the value of l,"i()it,(>iH) dollais. 'I'liis extraordinary (jroductiou has heen at tlu; C(jst of jiernianeace, .and s!u)uld the use of dams and hai'ricades Ik; continueil several ycais louLrer, the Ivorluk will cease to he ,a sahnon river. The marvidlous profits reaped liy the caniu'rs on the Ivorluk iiiver in l^^SS lias stimulated enterprise all nloni; the west eoasl.and niuueroiis expeditious are being now litteil out for tin; purpnse of enua^'inir in tlu; sahnon llsherie< of Alaska the present season. Their ohjeetive ))oints ru'e the small sli'cams. wliieli can he readily olistruetcil hv dams or other harriers, and it is certain that, in the absence of restrainitii,' lejrislation, this nu-ans of enhaneiuL;- profits will he I'esorli'd to without scruple, and without icLiard to the fact that such methods i,'euer;illy pursued will result in tlio destruction id' the salmon fisheries of the ti'rritorv. Inclosure I! in No. 1^7. .(n Act lo jirnviilr fur llw I'rnlcrlin'i of I lit' Sdliii'jii I'i.'i/icrifx of Aldnka. |S(>e liudosurein No. IS!?.] 1 uclosure t in No. I'iT. S iliiion Fishcrirs of Alii.tka. Mr. Sinrlchrlflfjc. — I am direc ted by the ('on\niiltee on {'"isheries. to whoni w.ts referred the JiiU "(S. .",'.)'.):!) to amend section \'.H>.', of the Revised Sl.alutes, and to provide for the better ))rotection of the fur seals and silmon fisheries of Alaska, and for other purposes, to report it with an ameu(huent in tlu; nature of a substitute. It is a short Hill, and ii very important cue to (he fisheries of Alaska. It is very stroni,'ly urged by the I'isli Cominissionei. I ask for the ])resent consideration of the Jiill. The Piisidcnt, pro ti'iniwr/.—'^'Uv Senator from MicdiiLfan asks unanimous cinseiit that the Jiill re|)orled by him may be now considered. It v. ill be rr'ad at leiu^th for iuforn'iation. 'J'hi' Jiill was read. The amendnient rejiorted by the Conuiiiltt;e on Fisheries was to strik(M)ut ;ill after the enactini; (daiise, and insert : — " That the erecdioii of dams, barricadi's, civ other obstruct ions in any of the rivers of Alaska, with the [uirpose or result (d' jireviuitin^' or impediuir the ascent fif salmon or other auadromous creatures to their spaunini^ i;r.)unds, is liei(;hy detrlared to he unlawful; and the Secretary of the Treasury is hereby authorized and directed te establish such I!c!;ulati(jns ai:d surveill,ane(> as may be necess.ary to iiistire that this prohil)iti(JU i'- strictly eiifor(;ed, and to otherwise ]u'otect the salmon llsherii's of Alaska; and every jiei sin u ho shall be found ijuilty of a violation of the provisions of this S(;ctioii shall be line 1 not less than 2.'iO dollars for e.ach day of the continu.ance of siidi ()bstructi(ni. Sec. 2. 'I'liat the ( 'ouiniissioner of i'ish and fisheries is hereby empowia'ed ami directi'd to insliiute an invest iyation inio the habils, abundance, , and distribution of the salmon of Alaska, as well as theprcMMit conditions and mellioils of the lidi(a'i.s, with a view of recomiuendin;; to Congress M\r\\ additional le;ii-;l;iti"n as may hn necessary to ])i-event the iinpairineiit or exhaustion of these valn.able lisheri(;s, and phujins,' them under rci^ular and permanent conditions of [)rodiietion." ■ -i 15y unanimous eonseiit, the Senate, as in (,'oiuniitlee ni tlu; wh')l(<, proceeded to consider the iiiU. 247 The Prcsidenl, pro leinpore.— The ([ucstion is on agreeing to the .amendment reported l)v llii^ Coiiwiiitti'i' on Fislicrii's. Tlii; jiiiii'iKlnicnl was a'^n-cil to. riic liili «iis r(!]K)ilc(l to tlic Sciinto as fimcndcil. ami tlic amendment was coiiciin-('(l ill. The iiill was onlci'ci] to hi' cngrossrd I'or a tiiii'd reading, n.'ad the tliii'd time, and [IIISSCll. Mr. Diiiiis. — 'I'iic title should tie aiuiMidcd. I call Ihi? attention t)f (lie Senator Inmi M ichiican to llu? fact that the Kill doe-; not relate to the I'ur seals as amended. Mr. Sl()rlcl)ii(l(/r. — y,u, Sir; it relate-, to the salmon lisheries of Alaska. The title sliniilil he ;inieiuled. The title was ;iineiuled so as 1o read : " A Itill to je'iivide for the I'l'oteelicei of the Salmon I'isheries ol' Alaska." .\//-. I'liill.-' Does the section ol' the Uevised .Statutes which is referred to relate to BJiliiiiiii lisheries r ^[r. ■■■:iirl.liii(liji:~ \'es, Sir. .Mr. Sinriirl — 1 should lik(! to have the Jiill lie over, so that f may look at it. I (imiot know tiial I shall w;int to o'oject to it after I evamine it. The Pri'siilfiil, pro li'iiijiuri'. — The Senator from Nevada movi's to reccinsider the vote hy which the Senate passed the i'ill. Mr. i)airi:i. — I wish to say to the Senator from Nev.-ida that unless the liill go(!,s to the other hianeli immediately it will hi- entirely iiseli'ss. It is the result of an ii;vi'stiL,ritioii ol a Committee in tlieoth •!■ hi-iiieh with I'efer.Mice ti the salmon tis'.ieries (iiilv. It has nothing to do with tlie fur-seal fisheries. Mr. Sli'iittrt. — I will enter a motion to reconsidiM' and look ,'it il. V'/ic /^v'.s/(/(vi/,/yro /rm/K/zv'.— The .S^-nalor from Ne\.'ida enters a motion to re(;oiisider the \()le hy whicii the liili was p.assed. Mr. S iinirt siihsc(|uenf ly said: I should like to wiilidiaw my motion to reconsider the Hill in n'gard to the salinoe. lisheries of Alasl^a. Till' I'rfsidrii/. jiri) Ifiii/inri-.- -\s \\\t-\r rihjection'r The t'hair hears none, .and the motion tn reconsider is withdrawn. The liill stands jiassed. SiihiKin h^i.':lirrifs nf Ahiska. The i^iiriihcr also laid hel'ore the House.' the JSill (S. '.'>\)'Xi) to jirovide for the protection of the salmon lisheries of Alask;i. Mr. Dunn. — Mr. Spiakcr, the provisions of Ihtil IJill are contained in a Hill ropoited nnaninionsly from the Committee on Merchant ..Marine and Fishiries. It is ail ciiieri;-ency Hill, necessary lor the iiresci'vation of the salmon lisheries of Alaska, aiiil I ask unanimous consent that it he now considered. It contains nothing elsi; hut the necessary mi'.'isiircs for the protection of these important lisheries. The ^/iriilccr. — TIk' liill which the u-enlicman from Arkansas says has been report eil from the Com in it tee on .Merciiant .\lariiii' ami t'isheric.'s has hcen I'cad already ill the House, and unless there he a demand for the reading of the Senate liill, the out .'ill after ^1 readiiu' will he dispensed with. Then! was no ohjection. Mr. Amicnon, of .Kansas. — Is this the Bill that makes the lease to (he Fislieiicg C'liiipany ? .Mr. Diiiiii. — No; this is a dilh'rent Hill. 1 shall report that from the Cummittce, ami u'ive the House aniiile op]icirtunity to eoiisiiler it hcii'after. This i.s a Senate Mill, iWiii'h reliites simply to the salmon li-ilu-ries. It is iiientie.al with sections t and it of the House liill, proliiliitiiig the erection of dams or other ohstrnctimis in the rivers of AliisKa which pr<'\ciil the salmon from aseeadiiiL;- to their spawning grounds. Tnr .•ipcnhfr. — Is there ohjection to the present consideration of the jiill ? There was no ohjectiou. Mr. Diiiiti. — 1 oiler an amendment wliieh relates also to the jircservation of Iho herd of seals, and 1 ask the previous (luestion njion the liill and ameiidment. Mr. IliijiiK. -I reserve! the right to ohject. '/'//(' .S/jfY/Av;-.— The aniendmcnt will he read. The Clerk read as follows:- - "Section ;i. That section 1 '.),)> of the Itevised Statutes of the rniled Stites was iiileiided to iiu'luile .-ir.d apply, and is lierehy declare. I to include and a])ply. to all tlii* w;itrr.> of Jichring's Sea in Alaska eiuhrae<'d w.ii'in tiie houiidai'v lines liieiuioneo and 248 desprilH'il h\ ihc Troiity Avitli I'ussiii, diitcd (lu; 'VHh ^Iiircli, a.m. ISCiT. Ky wliirli Ihc Torriloi'v of Alaska was iumIciI to llic I'liilcd Stati's ; and it sliall lie tin- duly of tlic Prcsidciil, at a timolv season in oiu:h year, to issue liis rroelaiiiatiipii, and caiisi! tlin sanii' to hi) ))iil)lisliod for one month in at least one ne\vs|)ai)er piihlislied at eacli United States' port of entry on the I'aeilie coast, ivariiini^ all jxtsoiis aiiainst entering said territory and waters for t lie jiurposo of vioiatini;' the provisions of said scetiim; and h(! shall also cause one or more vess(^ls of Ihi; U^nited States to d in tlii>; amendment as patrols to protect the Company which already has the eontr(il of tlwit Inisinoss ? Mr. J)unn. — Not at all. It is to protect the licrd of seals and enforce; the l^aws of the United States which were enacted in 1^70. .\fr. Taulliee. — ~\\"hy can not the I'resident do that hy cxistim^ law r Mr. Diinti. — 'J'hcre has heen a relaxation of the enforcement of the [;aw herefolorc, so that unauthorized persons have concluded that the (iovernment does not inlcnd to enforce the Law, and not less that luO vessels are to-day llttinu; out (ou'o to Hehrinuj's Sea. They will literally cover that sea with unlawful seal-hunters armed with nuns, and the destruction of seal-lifi' that will take place, and (he fiisilade of tire-arn-.s tlinl will occur in that sea durinc^ four months of next, summer will driv(; every seal from it that is not killed in the u;eneral and indiscriminate slauu'htcr. It does not cdiani^f the Law, hut commands the i'resident of the United States to enlbrct; it. Mr. Huihaiuin. — And is not this method of ucttini; seals- hy shooting- them in tin; open sea- -the most wasteful method that coidd he devised, only ahoul one in live l)( In if recovered r Mr. Dunn. — Aliout f)ne out of seven is recovered. The time has come when the (lovi'rnnient nnist eiiforce tlie Laws for the preservation of our herd of seals with tirinness aiid decision, or sull'er an ahsolute destruction of the herd. The dann'cr is imminent, and I lio])e no i;'entleinan uillohjeet toil, ll does not iinolvc a dollar ol cxpendii ure. It i'i us(;l('ss lo ))rotert the seals oi' the rookeries — tile islands of St. I'aul and St. (ieolue -::n7(f/Hi«H. — 1 am instru(!t(;d by the ConiniiitiM; on l''oreii;n Kclations to M[)ori hack thi' 15ill (S. ;iOy;5) to amend section V.HY.i of the iievised Statutes, and to ])rovifle fur the l)(;tter protection of the fur seals and salmon lishcries of Alaska, and for other ])nr])oses, with the Jlouse amendment, with a n;commendafion that th'' House amendment he disa!,'reed to. 1 asic for its present consideration. Tlir Pn'.to the same, witli an amendment to read as f')1Iows: • " ' Section ;?. That si'clion li).">() of the H(M ised Statutes of \\w I'nited States is hiu'e- livdeehired to include and afiply to all the dominions of the United Stales in tin? v,:ilersof lichrinir's Sea, and it sjiall hi- the duty of the President .at a timely s(>a'on in I'acli year to issue his Proclamation, and eansi> the same to he jmhlished for one month at least in one ne\vs[)a])er (if ,any such llua'e he) pulilisheil ,at eai'li United ,S|;ifes' purl 111 entry on the Pacille coast, warniin,' all pca'sons a-^ainst enterinL-' such waUa-s f(ir the ]Hn'[Mise of violatini; the provisions of said sccti<)n, and he shall also cause one or more vessels of the United .>tates to dilii,'entl\ ciaiize said waters, and arrest all ))ersoiis ;\ii.| [128] ' ■ -2 m 200 KL'izc all vessels fuuiul to 1"', or to luivi' bt'eii, i'ii}i;at;oJ in any violiitioTi of the Laws of the Kiiiled States therein.' "And the ilonse ai^ree to the same." (Sis,'nod) l'(nNl)KXTi;i{ DUNN, in;.\T()N' McMILIilN, CilAKLES N. I'EI/roN, MinuKjins iin llir pint (if tin' Iloune. (Sif,'npd) JOHN NllHUMAN, J. T. MOliCAN, (JKOIUJE r. EDMI NDS. ^fllll(lr|l■rs on the. purl of Ihc Sennti: The following is the Stati'ment nceompanying the Ueport under the llule :— Sinli'iiirnt. " 'liic eirect of (he aineiulment is to leave out of the House amendment th..; words that are deseriptive of the l)ouiulari(.'s of the waters of Alaska." (f JJouso of Representatives on Senate Bill ;i',)ii;i l)e laid heforc Iho Senate. The llesolution of the House of lleprescntatives was read as follows: — " fa the Ihiiise nf lie/irrsriitiltires, yfiireh '1, 18^!). " liesolied, that the House, concur in the Report of the Coniniitfee of Confereiici' on the (lisai,'ri'eiiii; votes of tin; two Houses on the anienilnient of the Mouse to tiic Bill i^S. y'.)!)o) to provide I'or the ])roteelion of the salmon lishcries of .\laska." Mr. iilier7iuin suhniitted the lollowiui,' Report : - - "The Conuuittee of Conference on the disai;reeintf voles of the two Hoiims on the amendments of the Seiuite to the Rill (S. 'M'.)'-)) to |)rovid(! fortius protectidii of the salmon fisheries of Alaska having met, after full and free; conference haveai,'rewl to reeoinnu!nd, atid do reconuiiend, to tlicir respective Houses as follows:^ "That the Senate recede from its dis;l^'reen'l(Mlt to the nniendmeut of thi^ llousic, and ai,'ree to the same, with an ameiulinent to read as follows : - '" Section -"l. 'I'liat section 1 ',).")() of the Revised Statutes of the I'nited States is herehy declared t(j ineliule and ap|)ly to all tin.' ti()n.* Tlie I'roelainiilion rccfiiliy is-iicd liy I'rosideiil ll.irrison willi rci^nrd to the seal li^hiii^' in Hehriii^jV Sea a])pears triti>li vessels seized hy the Ihiited States' authorities in l.^sy, when en^ai;ed ill seal lisliiiii;' in the lieliriiia's Son. ■J. In rejily, liis LonUhip desires me to stale, for the iiiforiiiatiim of the Secretary of Stale for Forei.in Allairs, lliat he has no ohservation-' to oiler on the despalidi lot'errcd to. :i. Jjord Kniitsford uouhl lie j^lad to learn what is the prescnl position of the appeal in the case of the steam-ship " W. 1*. Sayward." 1 am, &(•. (Signed) .lOlIN HU.VAfSTON. No, li)0. Fiiriiijii ()//icc to L'oluuidl OJ/icc. >n; Forcirjn Of/ive, April 1 1 , ISM). I Tll.ANSMrr heriwitli copies of despatehe-i from llei- .Majesly's Charge •I'AIVaiivs ill \\'ashin^'lon, as niarkcd in the mai'U'iii.r i'cl;iti\(' to the Act of the United States' Coiicfress of the ;2ii(l March, ISM), jirovidiii'^- for the proteetion oL' the salmon llslieries (d' Alaska, ;in(l Ihe I'l'oelamatioii whicli has lieeii issic'd liy the rresidciif oL' tlic I niteil States in ]nirsiiaiiee of its jirovisioiis. 'I'he .Vel declares that seetioii lOoO of the lievised Slaliiles of Ihe I'liiti'd Stales "iiieliides and applies to all the doiniiiion of the riiited States in the waters of lii'lii'iii^'s Sea,'' and directs the i'resident, " ;it a timely season in eaeli year to issue liis I'rocl.'iniation, waniin^' all persons an'ainst, enteriie.;' the s:iid waters I'oi' the pui'puso of violatins^ the pvo\isioiis of the said section," &e. That, section (l!),')(j) enacts that " no person shall kill any otter, mink, marten, i^nhle. III- I'lir seal, or other fur-lieariiii;' animal within Ihe limits of Alaskii territory, or 1 1281 * .\(i?. i;U ami ISJ. t .\<:s. 17!), 1,SG, imd 187. 2 K 2 in the walcivs tlicvoof ;" and tlio ri'(>si(lcnt, after i'(!i'itin in Hchring's Sea, and that the House of Iteprescntaf ives aciiuiesced in that intention. I iim, iV;c. (Signed) J', cruiin;. No. 1!)1. Tlw Miirijuis of Salixbiiri/ lo li that you will report lo mc, i'or the information of the Secretary of St,ili> for tlu- Colonies, what is the present ixisjlimi of the ajipeal in tlie ease ol the steMni-slii|i '• \V. 1'. Savward," last reported on in Sir L. We>t's desjiatch of the 1-Mli Sep'enilur, 1&8S. 1 am, iS.c. (Si-ncd) S.VLISIU RV. .\o. V.Yl. .My Lord. Mr. Edwardfs lo tint Muniu!," of SaHslnirii, — {RfCfirrd .iprll 10.) W of the lioised Statutes, anport, Copy of \ihicli is liereuilli inclosed, is most interest in;;, ami irives the residt cf iiivesti"ation into ilie suhiect of the liir-^t'id tishcrio Alas ka, am 1 of the leases i;ranteil by the (lovernineut to persons or ( 'ompanics the riuhts of taking fur-bearing animals in those parts, t*;;! .Mr. Dunn oiiened the ''isciission on the Hill I- reviewing the riirhts of ih States in the waters of Alaska, which were accn ]• IlltW b? Ill ' Treat v with liu-sia in I."*'! iVcry right, (very privilege every imnumil' ;-rritorv of Alasl.ii, llie L'nitcd Stales now hii ch. I le sani i; iiN-ia iiiid had in tin l)y the United Stales by I Islam leir purcliase iroiu riiief among the interests ac(|uii('i' l{us>ia was the seal I'ookeiv of the I'liiiilnll He t hen went on t'l givo an account of the lease li''ld h\ the vMnska ( 'oimm'rcial t'(iiii;!iiiiy MllllMllll It Wll vc-sels, ai llii'ir \e>-.t Sevci iiiiitoti'd ihMt .--ra. llic -.M, ,-1 rilr.-i .111;; ii'iii> aiioii I lo»i' i ''■|iiirtiiH'i Till' t 'oniii liiiil no ii iiiliahitanl- ill tlinse lit -el all Un tlicrefore c ivarnitig al ''xisliiig lin '.liiit sea. If fhi^ -I'll]- will 1 '■oiilrary, it -hoidii be |i ii'iiiiistiikai) .Mr. Di pcec iierni .\l,.,sl |■olltrl)vur^^ .•Iltllll|itcil l'llll"d S|;l| 'Ll'llgllizci Sev. till' la-t . : "- .\s :"''rl lilt in '•lnsing of accepted, .-aiiic imp iiiiH'mlnii'i, -'-'lul .Mill I IIA "liii-li yoiil --lid idiiiiif ill \ii'| ''» tllClllill "'•nl- •■.•ilf la -TliiiM lliiil Cotril >es-,'b, ull Ifc rinicii 111 rcT •I'y.i niv of tlic fiir.ounl o allowfd to i)c' kill.'.l ■r its ) irovisiuiis, iiiMl ( if tin il of ii'vciiiics olitiiiiu'd l)v tlie I'liitcd Stiitcs from this tcnitoiiiil aciiiiisiti ll was iiiosl ini|ii)ilaiil, ln' said, that IIk iiili! 1h' iiatrollcil liy I'liiti'il Stati I'ls, and thai iiiila«l'id liiiiilcrs ^ii.)iild kunw that if found tln'V uiil lio arroHti'd and ir vi'sst'ls s('iz<'i •vcral M -els lia.l th us l)ij(Mi scizrc 1 la^t SL'a->iiii, ll ;a'il V of tlir scizillt.' Iioin iiulc'^lt'U on tlic f^'rounds that tho L'nitod Stato' (lov eniniriit had no iiiiisdictinii over Vl{ ~r:i. The Com ts liad sustained tlic rJ!.' .t of jtniMhclKin o f t\\v (iovi'rnuu'Tit omt If tl leic had I K'cn any leniency in llii' -ill, and their I'lithl to ])rolect tiie (ishcf. r..l,',i-iiii;' liie -cized ve>-.(;ls on the part of tile Kxeciitive, it «as nendimr some ne'j;olia- limi- aliiiiil (lie l''.a>teni I'isliei'ies (|iiesli(in. However, in lei ease have the rij;lits of the I'nited Stale- lieeii waived, 'i'he Slate I lepariment ha- laken no decision concedinji- tliaf thu Heiiriiifj's Sea i- an open sea. file Coiniiiiltee lia\o heeii satisliod that tlie jiolicinij of the sea must be more rinid, and I lull IK ) iii(!iili;-eneo must be shown to violator )f the In The exi.-tence of tli tli< itanis of the .Meiilian Islands and of other ])arts in Ibe Tnited Statei' ]iossession: itituiles (lenends on the continuation o!' the le;;itiimite killinij of seals Tl I all their means ot exi-lence troni ilmse emiiloyed in it. 111! ey Joiiimitieo have lliciefore con-idereJ it jiilvi ;alile that (he President should issue a Proclamation vearlv rt.irninu; all persons from enterin - Be sea "ith the inleiit'on of violaliiii;- the '■\i-lin"; law- '.lial s,-i. reovor, he -■hoiihl lie callc iinderslood that otlirr (iovernmenls ar No( open to every one, and the herds of hi wish for this result. On ilie re tlian willing thai tlie seals d he protected. The Ifnited States' (lovenmient have but U) he linn, iiosilive, and -takaide in fludr |iolicy. .\li I )ini;lev jiiso loke stron; Iv in favour of the 15ill. the most nolev orlliy poition iif hi- -peech lieiii^- (ha( in wliicli he refers to tlii' claim of liussia, liel'ore the ce-sioii by I'nited States, to exclusive jui isdiction in the I!ehrinj;'s Sea, to the lier III .\laska to (he ween ISMssia an( I the United State> when the forinei al Uii id ih< nlroveiM that ttnik place bet Icinpted to e\l"id 'hat jiirisdiclion, nnd to the Treaties iielwcen riiil'd State- a.i I ' etweeii Kiissia and Great JJritain. wliereby the ri;;hts of liussia were ici-i>; Uiiized to c;,niri(i the ISeliriii'^'s Sea north of '>■'>. Iniv'nts were oll'ercd to the hill, \\hi(di w ■>ev, lal ;iineiii ;is ullimatelv reeoniniittei Ihi' la-t . i!)i;-e it reached before Comrr ess exnired. .\s I ll the honour to nnort to vour L.'"'rl iillinio. the House dial .Mr. Dunn's 1 oiil-liip. Ill my ile-p ilch o tiK clii-iin;- of iill eoiilil not pos^ ll' dore til' 'oii'j;ress, added an aineiidment to the Senate Hill (which was ultimatelv iii'i'cpted, and the liiil Mas iiassed .-aine iinpoi t .-i- seetmn 1.' in Mlllrlillinelll of tlu' III M 1 1 ill the siiajie of an a l)iliiii Hill. thai tl anil u lia- *i'e-idelil has issiiei Idilion o*' il section ?$ of the to this been 111 lesnonse I h 'roclamation of the .Mil 1 have, \c /Si-ned) II. !■:. i;d\v.\i;i)i:s. id: Furriijii Ofjirf la (.'uIoiihiI OJ/ic I IIAVK lai •fore ilk' M Vnrciijii ()//iri\ Jpril 1 >. ISf'.l. inniis ot Snli-hiii\ vour leltt r ol the IDtli m-taiit. in diich atleiition to ilie rroclamation i-sueil bv President Harrison on the ihiino i'or (he )i,'oteclion of (he I'lir seals in l!elirin.;j;'s Sea. ami to tiie Act " ' ■ " " bi ■ nllv |in--ei| by il,e I'liili'd Slates" t'oiii;ress on which that Proclamation i- ba-ei 111 \iew of the previous action of the I'liited State-' authorities on ihe spi(. and of ■111 tiicaiiinn which maybe allacdieil by the CJovernment of the I'nilod States lo the >>' I'll- '■ all Ibe dominion of the riii(<'d Stales in tlie w;ilers of liehriiii;'s Sea," eniiiloyed III -iilion '■'< of the An. Lord Knulsiord su,i;;fisl- thai ;in iiitiinaliini -hoiild b.' made to lliiit I ni\eriimeiit, Ib.il Her Miijeslv's Cioveinilienl cannot rc(|llire t!ie nia-levs of I'ritiNu rl-. »!i Ihe r en lisl'inu in Hidirina d o-iiiile liniil, to recouiilxe ibe lau of lilted Stiti II rcjil \. I am to ie(|iies( (hat you will slate to his i,ordsbi[> (hat Sir,). Panni'elolc 254 "ho lias been a|)i)oin(e(l to succeed Lord Sackville as Ilcr Maji'sly's llopresentutive at AVasliiiigtoii, left liondoii tor liis post on tlic UUli instant. It would, in Lord Salisbury's opinion, bo advisable to wait until lie lias bad time to exainino into the question on the spot, iuid to repoit upon tiie silualion, buloro nuikiiig anj connnunieation to tin; i'liited Stales' (JovernnKMit on the subject. I uni, &c. (Signed) T. II. SANI>l!:i!SON. No. V.)i. l''orti7. state- |S8ti,t i'iiis is. as fii I b; lave been ali lo to ascertain, the first occasion upon w now advanced iiavc lioeii eni'orced. Sealinj;-vesscls from llrilifb Coh years jiast lVe(|uented the waters of Iiehrin.^'s Sea without niolestati \hic!i claims of the kind unibia have for some Lord Salisbury ol however, that, in the Minute by the Department of ^fari and Fisheries, inclosed in J^ord Stanley's despatch <>f the .'in! .\iiniisl, If^^f^ ('of whi<'h a cojiy was forwarded in your Idler ed arraim'emeiil for a clo^c' time Canada would lo-e the cniovment of a lucraiive riy'ht long- p().jses>e(l, and lbi> hxs wmiid br I'alal lo the pro>eculion of the s'.'al idiistr 111 Lord Salisbury's opinion it would be interestinu:, with axiewfo jiossible I'urlhor tion-^, lo know for bow Imii;, and to what extent. Canadian v(?sselshave been in llie nei:'otiation-^ habit of killini; seals in the waters o if iJehi Sea before Isis^ti 1 am to re(|ue;a thai, in layiii:;' this letter belove Seerelary Lord Knulsford, you move hiin lo endeavour In ciblain sucli statistical information beaiing on these points can he furnished by llie (,'anadian (lovciniiieiil. will .Aly Lord, IN r to iiilonn -w . 1*. S; it is not p Ihit i lillsilie.-.> to Ill- years .No. 1 !).■■, C'llniiiil O/li'-r In Farciiiii ()f/!vi\ — [iifi iivil .Ijiiil'^O.) Sir, J)(itnilii'j SIrrcl. Ajiril 20, ISSi), 1 A.M direcU-d by Lni-d Kmilsfnnl to ackiinwle(|i;e the receipl of your lellcr of llu' Mill iii^lanl, traiisiiiiltinu- copies of de>ipatches from Her .M.:jesly's Charg-e d'AII'.iires al Washiiinton relative t i the .\cl ol' the IJniled Stales' ('on^iivss (d the I'nd .March, Is'^'-f. pr'.), ISSl). I AM ilircctod I)y the Sccrotjiry of State fur tliu (."oluiiics to ttunsinit to jou, with rclorence to your letter of the l^tli instant, a copy of a despatcli wliicli lie lias addressed to tlie ffovernor-tjeneral of Canada iti(|uir!iii; as to the extent to whieli ISritish Colnnibian vessels were cnjjaged in seal liuntin;^ in Ikdirinir's Sea prior to 188G. I am, &e. (Sii^nod) ii()iU::i!T t;. w. iii:ui{EHT. Irielosurc m Xo. 190. Lord Knulsford to Lord Stanley of Preston. My liurd, Dovning Street, April 27. I'^SSt. 1 IIAVH the liononr to transmit to yon, for rommnnieation to your .Ministers, a cojiv i)f a letter from the Foreign (Miiee re(ine-tiiiLC to lie >np]ilied with iid'orination as to the ixtont to wliieli vessels helonginj^ to Uritish ("ohimbia were engai^ed in seal liunting' in liehrini;'** Sea prior to 1880. 1 slioiiiillie ol(lii;ed if your Ministers eould supply the information desired by the .Mari|uis of Salisbury at an early dale. I have, &c. fSirjncd) KMJTSFORD. No. l',)7. !bi.r, !**>■*, but has imt yet been printed. If it IS iidt printed when the ease is called the a]ipeal will be dismissed. lint it appears the ease will not lie reacheil for call for some three years, the business of the Supreme Court id' the United States bein^', as 1 am told, nearly or (juite four years in arrcar. [ am, fiC. (M^^neii; dlLIAN I'VUNCFFOTIv No. lOs. t'liloniiil Office to Fnreiijn Offici'.— {Received Mai/ Ij.) •Sir, Doiniiiiij >7/(v7, Miiii 14, 1880. I AM directed by the Secretary of State for the Cidonies to transmit to you, for till' iMliirmation (d' the .Manpiis ol Salisbury, a copy of Ibe Annual Ue[)ort of the Canadian l'e|iarlniciit ol' {'islicries lor the year lss-<. I am to call alteulion to the rem. irks at |). 211 as to the seal-luintiiifj in helirinVs Sea. 1 am, &;e. (Si^Ilcd) KOliKKT (;. W. HKllHERT. Inclosni-c in No. 1!)8. i:iri!N sliortiiii;- llie XumiIht of Viv-scl-i, Uoats I'^ishcrv of Biitisli ( 'uliimUiii, wiili llic I'lciilints aiu (1 M 1 \ali oil en"iii;t'( I in llie Marine Fi II llu' SvasoM of ISf^ K^tiniitf "if >l,iiis piirrli.i-iil Ironi Iiuli; OtIt'r-^kiIl li-iir •• aU ntirtli;i .r.li„.,.| IV, lUn. I'm-.v! T," ft:ilrus.>kir I'.iiiii. ulijiiia 3.;>llll .'ill ilurv, .It ^(1 (;r"ii.l t.il.il iiiiiriiii t'lir. Niiiiilirr Nniiilxr NumbiT of SrnlH I NumliiT 1 nf iieiiU Total Niiiiib- r of S'aL'. T.lLll Value i,( Sirali, Niim,? of Vi-l llnals. <)t ilni. hi llrili>h C.iliiinl.ia. ill lii'liriiii;*.'' t^r.'li 1 l>,.l!.r,. I'lMH !()[).■ .. , .1. .1. (Ii-av .. Il'.l .*i 20 xiir> ' '.ICO 1,70.1 17. K.I MiHV Kllii... .., A. M.I.i-aii .. i;!l 11 .10 1,110 I. '.137 :i,:ii7 :'.:i.i;' Juirnt:! . . Hull :iii'l lio.|ii 1 III l:i 1!S 1/7 1,017 1,1-14 ll,'.ll.. M.i.u.l.iin Cliic'f .. H. .I:K.il.-.ni .. ■Jii (i 111 mo . !•'-■.') i,2.;.-. I2.!:,« Sail .liiM^ .. ..IJ..-. !.• .. .■|J 1 ill 107 107 1.',;., Siip|iliin' ..' !•;. !!. Mor.Mii l-'l !l 22 1 .'.illO I.JIIO IL'.III.I. Viva . , . Carn,' .'iiiil Miiti^ii,' . , '.11.' .'i 1] soil ■J. "lilt ■,-',H7.-i J?*.7'i Itlji'k Di.'iiiinii.l . . 1 (iiitiiiaii iinil Flunk ., SI '.) 19 2M ml:! 1 .0:11; III,:!.,- .Miirv TiivlMr ..! J. n. Wr.rrm IJ 1.1 Jti ■.Wi 1 ;>!i.' :i'.l.'i. 1 III. y. Ill' .. , , ; .Xni'-rjraii I.I l\ ■_'l 1- 1 17 1; Triiimp'i ..1 1). Mi-1 1 '.'7 12 11 ,. 1 ■-',170 .'.170 ■-'i.;c^ (). >. K.iwl.r .. . \Vn;. 11 t .. III ■t l:! ■J30 •.':iM ■.'..i'n \n:ui' C. .Miiiin' ..' VW.K. lla.kitt IIJ 7 2> '7I.-I 7l.'i 7.1 J' I.ily.. , , i (.> (11., n .. Will Ol-.i, .. 3-! :i i;i lii'i 1 .lOII lioi) f,.llti AniiM' .. .Ii-. la'llii, .. *J.*i .! 11 15C. 1 ,I11'.) i.i:i.-i ll.'.l.." .M;,u-;i,- Mr.. .. .I.iliti ll.ija ,, 71 ', 20 12.'. 1 :>m i.i'.'i ll..'l,. I'.ivuiil.- ., .. 1 lii.s. :-|uiiis ; Tolnl ;'j '- ■il :!ou l,«:!l •.m;:i 2i„ll.) l'll.>],. Tiu' (1 c'croasi' ill tin' fur soal catch in lioi olinn.n i.sottled .-tutc of allii ■^ca is sliii iiioro iiolicc:'.I)lc ; i( Ma< i nilii tiic Ainciicaii (iovcriiineiit, caused i)rinci])Mlly liv the uii several of the sclioimers lieiiii;' nfraiil to enter tiiese waters at the risk of seizures. A i;rt'at (leal has lieeii written on the life amlhahits of the I'lir «eal. It incontonile li,> some that all ihe fur seal in tlie Nurih I'ucilic lia\e tiieir rookeries on St. Paul iiiii St. a Islands in Melirii Sea. 01 ner.s claim till lanj- of tlie fur avuU of tin I'acilic never enter Hehrinii's Sea. hut ]ni|) on lar«1 I'licilii.' Ci 1,'iliiiii 1.,-iiiiiiI , , .\la>kii IT I>l0llll t'njit' lliirii Soiilli ."^cii ■Cl.O.S? W.iCM ■jni.iili.'t 10ii,s«(l '.i.H.-ili il.llili ■iOil ;iiii.o^,i It ha-- hceii csliiiitilcd that iri.iifliiOiiii ds liniil oiil aiiiuni <1. I' n.oon.oiKi St. C Islands. The ('omiiiiMcial Alaska Coinpany controls iheseaii: other islands hy lease I'rom the .\tneric.\ii and llnssiaii ( Mivermncnis. I am of opinio' tlijil main tnr seal iiiiji •liahl ■Ip lirhi the llrilish Ciilnmhia po.ist. I have liii" relialik' intormalioM Irom practical hnnici- aii'l hsliermen who i;car me mil mi this puini .Morris Moss, of \'ictmia, states that tliirin^ the year l^^T" he was eiit;aui'd tradiiix' "' tlie coast ni';ir Hclhi liellii iluriii;;' the months of March and .\pril, when he aw li if fur seal motl lUllS IrnUi I ■> moil th d. wl iich hail iieciiine seiiiira ited i llllC' roiii 'I.. lers, and on ac. mint of n licrvv storm were hlown mi shore and canijlil ll^ lii native! (• iptain Ah .McLean, of \'icloria, states that he killed a niiiii!)i seal piljis iitK'api' ('imk, »hi. 21 ciiiliiii' lur scnl |iii|).s r.-u'li si'iisdii, anil kt'r|i ilu.nn a.'i (lot.s iirduiid the caiiip.s. It is iiii|iossililu tliiit llic-'t' |iii|i-- may have coiiic trinii I5i,'liriiii.''s Sea at that ai^e, as .Mr. ICIliutt ,stnt(> liu\v do iKil lcav(! thf i.siiiiuls lioforc tiio iiKii.th nf Ndvuiiihor, and tliiiso ttiat Mr. Swim spunks di'arc cauiilit early in the sjiriii^'. The iiiajdiity "i (iiir limiieis eontend thai liiere are over 7 per cent, nl' pii[is in the entire calcii of i'ur si'ajs on tlic coast; while in J>ehrinj,'''s Sea the ealeh does not e.\cee(l 1 per rent. Jiut thoy eaiinot (h.'ny the liiel tliiU over (iO per eent. d' the entire catch of I'ehriiiji's Sea is made up of I'cniiilc seals. No. 109. Sir ,/. Puunci'feal, or other fur-hearin;; animal within the limits ot Aliiska territory, or in the waters thereot ; and every person iruilty thereof shall, for each offence, be (intil not less than tiOO dollars nor more than l.OdO dollars, or imprisoned not uiore tlian siv UMmtbs, or both, and all vessels, their tackle, apparel, furniture, and cargo, I'liMid eiiira«eil in violation of this section shall he forfeited ; hut the Secretary of the Tieasiir\ --hidl have |i(iwer to aiitbori/e the killini; of any such mink, marten, sable, or oit her I'ur-bearing animal, except fur-seal, under such rei;ulations as he may prescribe, and it shall be the duty of the Secretary to prevent the killing of any fur-seal, and to [irovide for the e.\ecution of the jirovisions of this -ectioit until it is otherwise lu'ovided by law. nor -I'.ill he urmit ail} -peiial privilems under this section." The t-'oieniandiu;,' Oftieer of the " Uush " is also I'urmshed with eojiies oi' the Act of the 2iul .March, IKH'.,', and the I'resideiii't I'roclaniatiou of the "Jlst March, IS^U, regarding; tL' prot(etir(ivisister(Jay, contiiiiiiiig an intc'rcstin;^ Ictti'r on the Hclirini^'s Sea (|lus)ioil. (Signal) ' W.M. I-ANI'- I50()KF,R. Intlosuro in No, 2tiii. F.itmctfrniii flic Neir Yorlt " Kn iiinij I'ost " af Jiinv 27, \K<\). Thk Hbiirino's Sea (Juhstion. To flic JMlitor oi till.' " KveninK Post." Sir. Sdlriti, ^f(l.^slll■llll^l■lls, Jinn' 2\, \HH9. SINCI'", tin- rcjcTlioii ol tlir Trial y of Fcliniary IM8S with (Jrciit liritain, the imblic lias iHMi'd \ery little of fishery troubles on the old dehatahle :;roun(l of the iiorth-wes' Atlantic, hut there is every jiros|)ecl that the absence — obviously a merely '(iii[iora!y iibs'..iici — from public discussion of the \velUj;na.\cd hone of contention will, in a nicasure, be inailc i;oo(i by takinir up as a topic the analoj;oii> (jucstion peiidiiis; hetiveen tlie United Slates and (licat Britain coneerninu the seal tishciics in the north i'aeilic, or, as our staiciiiien and writers prcier, for a very shrewd reason, to sa\ , in " J5elirini,''s Sea." Several Hritish vc-.-:els were seized in 1880 and 1887 by United Stales' Rcvenue- crui/.crs for sealiii;.'. in JSchring's Sea (a part of tin,' Pacific Ocean, as 1 shall show procntly), far outside of the .'i-niif' shore belt, and these vessel- were coiideiiiiied by tlie United Slates' District Conn at SiiUa. So lar as 1 am aware, there is no otbcial puhlicatiua sliowins; the (lositioii taken by our (jovernment in this matter, so that we must fall back on staleiiieiits in the press. The "New ^'ork Herald" of the l.'Uh October, 1887. pnblislied what purjiorted to he a ri-rliiiliiii copy of the " brief uiiderbtood to have been prepared at Washiii'rtoii anil recently filed in the (Jourt at Sitka by Mr. A. K. IJcIaney as counsel (or the United States' Governnienl." 1 in' delendant's name is not ^iveii thei-", but obviously it is the brief aijainst one ol tiie Hnii>h vessels seized in 18s7, and ; obably substantially the satiie brief was used aiiainsi ail of iheni. In a leader in the same issue the " Herald'' refers tu tliis hiiel a? that a:iaiiint certain liritish vessels chained with violating our ritjlits. There is no reason to douOl iiic Lieiiuineness of this |iaper, and in the absence of other evidence, \ve may take it as a inistworthy liuide to the position taken by our (jovtrnnieni. It i* there staled that the case is based on section 1950 ol the Ilevised Statutes ol' the United States, providiiii; that "no person shall kill aiiy otter, Stc, or other fur-bearing aniiiuii, within the limits cf .\laska Territory or in the waters thereof;" that the olfenee, is chai;;c(l iohavel)eeii connnittcd " 130 miles north ot' the Island ol (Juiialaska.aiid. theicldri'. in the iimin waters of thai [lart ol the HehriiifjV Sea cede iinciiiistitiitional in so far as it restricts the free navigation of the Hclirirm's Sea tor (ishiii!,' and -e.dinfj purposes beyond the limits of a marine leiiuue from shore; thai the dcniurrcr oresents s(|uai'ely the (luestions : - 1 . Tiie jiirisdiction of the United States over heliring's Sea. 2. Tlic p(;wer of Congress to leijislatc eoncernin;.' those waters. Then Idilows the argnment, opening as foil ,v.s : — "Tiie lati' of the seecMil ;l the>c propositions depeiidt laiyely upon thai ol the lirst, tp" if the Jurisdiction and domininn ol' the United States as 'o these waters be not suslaiiied, the restrictive acts of Coiiiiress 'luisl fall " 'i'his argiimcni oHers great tc'iiijitation to subtnit it to criticism in dclnil. but I shall coulliiL' myself to the main issue. 260 ■|8S». lie New im's Scii )KKR. 1, 1S89. tliu piiljlic iiortli-wi^s! U'liiporary a meas'jri.', till' Uiiitiii or, iis ()\ir .■a. ' Ruvfuuc- picsciitly), the UniU'd ublicatiun St fall back urporteil tn iimrlou anil ited Stales' IS tlic bi-it'l' V tlie saiiH' ■,1 " i-fler< lo hts. Tlifif ler evidcncf, mtni. It IS 1 till- UiiiU'il iiiiig animal, ce is (■lini'i^i'd iclovc, ill '111-' Stalls." ■ I'mirt lias no L' luagui: I mm re arresteil is ;ca till- fisliins; till' (leiiiiiiTii' al 1)1 the tirst, not siislaincd, .nil. but 1 shall it .st> ol a certain kind as " l.iu'l- li;L'ltecl or iulaiiil, and accords di)niiiiioii and jui'iidiellon over llii^ni to individual iiatiuiis, (jiiiptalioiis lioni (lie text-booka are tiicn ^ivi-n to duline tlie pliysieul eonditioii> ii.iiiiircd bv iiitcriiiilional law to eon^ititnli; .>U(;li iaiidlotked or iidaiiil sea. I'Ium- eoiidilions niav li.- .Mniiniid up ill Vultcl's axiom : " ll nii.bl be entirely BUrroundod by the uriilcn'y ul' iliu nation claiming' jurisdielion. and ni'i-t liave luj oilier eonininnicali ai <\itb tiic ocean lliaii I, V a channel olwliiuli that n.ilioii may lake ])o,-,iession." .Ml pei/ecily Inie. 'I'iie trouble i.-, merely in the " appiiealiuii on 't " lo the ease in iioint. The boundaries (if Jielirinti's Sea anr eoii'eelly ;;ivon. .Ainon^ them aie enuineraled llu: I'diin-'Ula of Kamtcliatka and MastiMii Siberia, and then it is said, " It will not be denied that at the time tiie I'nited Stuti-, ae<|uired the territory of Alaska the waters of the l)chiin'.;'s Sea washed only the shores of Rns^ian territory ! " Preeisi ly. i' 't, as Rii-sia ceded to us only ti purl of sueh shores, and as she retained as her own a ere it (larl of thi'iii, we are not in [lossession of all llir shnrrn, and, r-onse(piently, wi; cannot elaini "' dominion and jurisdiction " over Bebrinf^'s .Sea miiler ^lie above doctrine. .Now as to the other condition shown to he the second requisite ol a closed oi' landlocked sea — absence ol coinn.iinicatioii with the ocean, o'oept bv a eli.innel of which we, as elainiaiits of dominion, mi^ht take possession. That is a |)urely tfcoijraphieal i|iiesfioli, to be settled by reference to authentic Maps or Charts. 'I'he reliability of tlic • 'harts issued by our I Iydro;;rapiiic Ofliee ,it \\'asliin^ton will not be (piestioned, so let lis cnn-sult its Chart No. tis', i ditlon of .May ISSP, entitled " liebrin-'s Sea and .Arctic Ocean." Let u.-, for brevity's sake, assume, what is, however, not true in fact, that the chain of islands u'unerally called the Aleutian, as far as they go, answers all the reciuiroments of iiiternatioiml law as an inclosing barrier. We then need only examine the sea to the westward of the most western of said islands, the one called Atton. The said C'hart shows only two islands between Atton and the coast of Kaintchatka, and these intervening islands are Russian territory. riie respective positions are laid down in said (Miart as follows :- — Alton (most wpstsin llnitcil Stulo^' territory), viuxi is- ' ^ ' ircmityof .. .. .. .. .. ,5;! .IT N. 172 .■!() K. ('opIHr Island (tifuri'^t liiiid cri'-lwaid). suutli-ciist ex- i iriMiiily of .. .. .. .. . 51 3.iX. j IfiS O.J K. CoppiT Islanil (nurtli-wc^t). cxrri'niity i>f ,. ..I 54 ii.l N. | \lu 24 K. llrliriiif,''slsIiiiiil,iiomij>t IniiiltM.-twaril to f'opiKT Nlnnil I ., ] I'oint i!t'arc.il to Coppi r iNiaini, Ciipi- riiitron ..' .'>4 55 N. 106 .'t7 1',. I'oiiit ni'iiri'si to K.imtcli.ilka io:ist. Sen Lion's Ilomi .. 'in \ a frailiou o 2;l J in cvi-ry casr. tnd ver The narrowest of these channels would ailinit of the passatre of a fleet of over lOi) vessels sailitiir abreast in a siinrlc line, eviii ii deployeil with a tpiavtcr of a mile lii'tween each two vessels I Are these channels snch as a nation can be supposed to be able to take pos- session of'r " In all other |)ajts of tlie world our people have always been the strenuous ehani|)ion of the Ireeiloni ot the •^•as, and have even claimed (see Senate, Re])., \o. 1083, I'' (niin. "i scss., p. ,0) thiit straits as narrow as the (iiit of Canso (1 to I \ miles wide) leadini; to stas accessible by other einmnels of snllicient width, were free to our nsi On this principle every i>ne olthe niaiiv eh.innels bitween tlu' Aleutian IslaiiiU. and conn clini; the •ea Boutli of them with liiat north ol' them, is free to uU tin' \wirhl. The best ii\' all of tlieiii, till Ainoii;;'iita I'ass. is about 1 1 niiles wide 1 lmai,dne the ridicule, the \ials oi wrath that our pnlilieists and diplomalisls v^oiild pair nut o:i .my luckless wii;hl vi ho, stealing imr Ihuiider, should undertake to prove thai the (iiili of Si. Lawreuee, for inst.uice, was liy iiileriiutioiial l.iw a iiritisli clo.sed sea, landlocked ami >iilaiul. And yet lo^icallv his I'lisilion would be inlinitelv ^tioni;ei lliiiii ours is, lor tb.il iiulf, in.siLtiiiliiaiii m exleiit eeiiipaied with lichrinn'.-. Scii, is aclnaliv meliLsed by Ibitish territory, and has onlv t'nei' ciiuimels ol euminunieation with the .\tlaiaie ! |r.'S| L' I. -' 200 ThciT is n story of a nnvnl captain wlio, on lipinj; ovorliaiilivl by liis suprriors for not rctuiniii!; n salute tired in lioiiour of hi.-; tiair. replied that lie had a whole nuniher of good reasons lor the omission, to wit : firstly, having; no powder, and who wa» tlierenpon innnediately cut short by the remark, "That will do!" You may say the Attorney (jf the United Stales himself has rested his case on the ground that Hehriiii^'s Sea is a land- locked and inland sea. The contrary has now hccn demonstrated; eonscf|uently the matter is settled, and nobody cares to hear any more on so tedious a subject. Iiiit there arc always jilenty of g()o•• lunvever absurd or irrelevant in tliemselves, dispro\cd separately .uid distinctly. These alienations are. partly in expnss terms, partly by im]ilicatiou, that (1) Heliring's Sea and the Pacific Ocean are se|)arate and difi'ercnt seas; ('2) that IJehrini,' Sea is not a part of the Pacific, and Hehrini^'s Sta was the only interior sea of the North American coast, and was lield by Russia; (3) that Russia by the Treaties of 1K-J4 and IS^') (with the United States and Great Britain re.speclively) abandoned her prior chiini to jurisdiction over the Pacific, but did not surrender jurisdiction over Rchrinii's Sea, and that consccpiently such jurisdiction desceiuU'd to the I'liit. d States tlirotiirh the cession to us of all l.'ussia's rights by the •Jreaty of 1867. In support of these assertions, the " arirnnunt " a-ks trinniphanf ly if there was a challenge of Russia's jurisdiction over Rehring's Sea, why was it not settled in tin' Treaties ■ Why was a ten years' limit ol mutuidly free na\-'i.Mti'ai in the interior sca'^, gulfs, harbours, and creeks of each other on the North American coast accepted by the United Slates and by Great Brit'iin, if Rehring's Sea — declared by the argument to be the only interior sea- was part of the Pacific or bclongi d to the high seas, and, therefor..", free to ;dl .' Why was the term inland sea used? The answer to it all is the ,-amc as that to so inanv other conundrums —"The boy lied." Jk'hring's Sea was and is a part of the Pacific. The term I'ehring's Sea was un.known at the time the Treaties of 1824 and 1^26 were niiide, and, theiefore, was not, and could not he, used in I hem. \\'Ikii a distinctive name was employed for that sea, they called it in those days "The Sea of Kamteliatka "— the argnincnt itself admits this by saying "formerly known as the Sea of Kamteliatka." The tcini I'ehriiifj's Sea is absent not only from these Treaties, but from .dl the prior di[)lom:itic corresi)ondence and from all contem]inraneous writings. I could (ill a p:i^o with the nieie tilhs of the encyclopaedias, ga/ctteers, and gengraiihical referei'.ce books, &:c., pu'ilished up to 1S2.J, and for many years after, in wliieh i lia\e looked, anil looked in vain, lor Rehring's Sea. 1'he name Rehiing, in a variety of spidlings, occurs in all, as that ol a navigator, of a bay on our coast (bn, > the east of Rehring's Sea), of an island, of a strait, but nevci', until long after 182.5, as u, -'' the sea, now so called. The ja'cscnt application of that naine is of much more recent origin, and its general adoption has been gradual and slow; but that this sejiarate name should or could divest this sea of its old (piality of forming part o'. the I'acitic f)cean is an idea \inknown to tlie scientific wiirld, l,ook into any old or im^dern reference book, under " Rehring's Sea" and " i'acitic Ocean," and you will always find the lirst dotitied as a i)art of the Pacific ( )ceaii, and this as beginning at Ikhiing's Strait, thus incbiiling the first. I found but oiif e.xce|)lion to this, viz., the second edition of " Ap|)leton's Rncyclopa'dia " (lS7-'5), whicli says that the Pacific is bounded on tlie north by the Aleiiti;in Islands (Behriim's Sea not being properly oceanic in its chara<:'ci), and this is in contradiction to the definition of Rehring's Sea, in the sane edition, th.it being said to he part of the Pacific. However, the earliest ediiion ol the sii:ne wmk (1858) makes the Pacific e.vteii 1 from Rcihi'in^V Strait to tlie Antarctic circle, and it again proves my assertion. Our own early otriclal Ciiarts, viz., Pilot Charts of 1-ieutenant M. V. Maury, United State.-,' Navy (United States' Hydrographic Olhec, 1 8'n)), sheets Nos. 2 and 3, series "A," covering the present Rehring's Sea, are entitled " Nortli Pacific ;" the name Rehring's Sea does not occur in them ; liut on No. 2 the names of "Sea of Oeliotsk " and "Sea of Saelialicn" are given to those divisions of the Pacific. In l:hc ollicial documents ,ind in the tJongressicmal debates alioiit giving aid to Perrv .Mel), ('(illiii; ( I'ebruary \>*>i'2, ct ■'"'(/.) I'or his teleu'rapli between Asia and .America via liel'.rmg's Straits, enacted the 1st .Inly, lM(i4, Pacific Ocean is the term geneially, if noc exclusively, used when reference is made to ihe si-a now known a.- Reh'ing's. Rut to make assnr.ince doubly sure, I applied for an opinion on tiie ipiestioii to the most eminent living authority in matters ge;)graphieal, Professor Dr. 11. Supaii, editor of " Petern\ann's .Mitteilungen," who likewise says that all geographers consider Behiing's S(.;i a part of the P.icilie. [ can siilnmt the correspondence if desired. 201 A look at .1 Mnp or Cliiirt, of tlic rcL'ion in (|uc>;tion fwliicli |)l('a«(' to iccollcct t'lfilir.ici's not only llic Aiiiciicaii shore north ot thi' I'lninsnla of Ala--ka, lint thai to tlio fa-l«iiil and southward of it. vvhctiicr Knssian, linlish, oi' of the Unite d States) will show |i,:it so far lioin Helinnpr's Sea heniy; tin' on!}' iidanil sea thcri', this i('i;ioii is |iurticnlarlv till! (if ]ienin-ulas and vvliole archiiK^lai^ocs of islands, and is {-onserineiitly also full of interior <(':i«. jriills, harhours, and creeks, and it is for that vci'v reason that they were nade the sulijict of express stipuhitions in the said Treaties. Nil less untrue tiiau the jireeedin? assertion of the nra;unicnt about the " oidy iidand >ca " istlie otiier.tliat the Treaties of 1^24 and l^'J.') were a sort of give-and-take ari'ani,'(> inciit as reLiards marine domiuiou j that itussia ahaiidrnid a part ot it only, and had the iiiilaiKc eoneeded to hei. Secretary Adams, in iii>- instructions to our .Minister at St. I'etershurirli of the L'l!nd .'uly, I8'_';i (see Aincriean State l'a|,ers. " Foreign Helatious," Mciai'l series, folio edition, vol. v, )i. A'M'i), after setting' tortii l-!ussia's claims as includin;; till' rii;lit to interdict the navifiation and the fishery ol all other nations to the extent ol liiOniilis from the roasts of .\s1a, from 4'° north (round) to .'il" north of the American Cdhlinent, says emphatically : — "The United States can adniit no part of these claims. Their rif,'lit of navigation and (if fishery is perfect, and has been in constant exercise from the earliest times, after the pence of Mf*^, fhroiiirliout the whole extent of the South Ocean, subject onlv to tlie ordiiiiirv exceptions and exclusions of the territorial jnrisdiciions which, so far as Knssiu's ri;;lits are concerned, are contined to certain islands noith of the ."J.'itli deforce of latitude, iii;i! have no existence on the coast of America," And when you remember that in those days there was r.o such division of the Pacific I'cfween I'acihc and Ikhrin^'s Sea as \vc, or those who do the talkini; for us, now claim, it is perfectly clear that we and Grciit Jiritain, in the respective; Treaties of ISJt and 1825, (•;inii(l our point for free navi-.'ation and fishery to its fullest extent by havint; it !ickiiiiv.ledi;ed therein as extending to "any part of the fireat ocean comm(nily called the l':ifitie Ocean or South Sea." And furtlicr to show that this was also Russia's view of the iiieanini,' of the said Treaties, let me refer to a jiassign in Bancroft's " History of the Pacifie Slate," vol. xxviii, p. !'>f*'i. In 1812 the Russian .American Company urtrcd the liiissiaii (iovernmciit to send armed erui/.ers for the |iresert'atioii of lk'hrini;"s Sea as a miiri' rliiusiiw, on account of the great extent of .American whale-fishing there; hut the Kiissiaii .Ministry replied that the [lusso-Amerieau 'I'reaty gave to Americans the right to (■iii;:iiri' in fishiii;; over the whole extent of the Pacific Ocean. It is hardly necessary to say anything more. To assert in the face of all this that nur ]iiiit of liehiing's Sea is a closed sea, is nothing else than a parody on the old headland- line (loetrine, a line, in this case some 900 miles long, fro;ii Cape Prince of Wales to Altdii. and iiu losing a "hay" stretchinir, at its greatest extent, over about 30 degrees of kjiigiiiide. 'Ibis may neommcnd itself to lovers of a " biu' fhintr," liut let;ally and liii-'ic'iiily it is no less absurd than Russia's still longer lieadland-liee ol i821, which Secretary Adams wi[ied out. I'ii'li.i|is it may lie pleaded on In hall of the .Judge at Sitka, tlie lion. I.eff. Dawson, that he is only a District .Judge, and that he was misled by the \\'asliingion brief; hat what can he; said for our superior otHcials, the Secretaries of Slate and of the Treasury ? Were and sre they too misiuformed on the geegraiihy, the history, and even the law ^'(ivcrning these cases? rroiu time to time we have been told by the newspa]H'rs that the Puitisli vessels seized have been released, and then again that il has not been done. It seems to he all a niiiddk'. The news|i;i[)ers aKo say we must, in s(df (lerence, preveiit any cue but the .Maska Ciiiniiicrcial Company from se.ilint; in Rehring's Seji, because that C'oui]iany pays our (liiveriiiipnt a handsome inlertst on the cost to us of Alaska; that the seals there are all ours lieeause bred on territory ol' ours, and that free scaling wduld so,)n exteiinin.ate these iiiiiiiiiiU. Imagine such sophisms and such untruth suiimitled to the Supreme Court. The fur-seal are not I'll, or even vciirli) nil, bred on our territory. Mr H. \V. Collins, ill his Report on the seal islands of .M.-iska, published oHici-'lly ;;s part of the United States' Census of IKSO, vol. xiii. No 12, Part VUl, says, on p. (i, that they also breed ou ltii|i|ier and Heluiiig's Islands, botii Russian, and both leased by (jur .Maska Commercial ('iii|i.iiiy ; and on p. llli, that 48,.')il-( of these animals were taken on these Russian i-lai,(ls. Rut if the seals were all Anierieaii-liorn it would make no difi'erence in law, as Uivalures roaming about the high seas are no man's propirty, except his who ealehos liicin. That "lice sealing" might entail extermination ol these creatures in the .North I'adlic, as it has already done i isewherc, is proliatile, but this gives us no right to make liniviiitive h.ws, even nl' the iiuklest kind, lor utheis than .'Xtneriuan citizens and (br 2(i2 louiilitit'.> otliLT llian our own tci ritoiA . Kvcii lln' Wa-liiiigdm liriut' admits tins. Iniir- nalional ai;ri'ciiKiit, and nol llii; Ijisr i/miV ol any singlf nalion, i-. the lu'opiT ri'iuiily, it tlicrt' III' diR'. 'I'liat free sealini,' miylit, anil prohalily wnidd, injnir (m.-ncially an Arnciiiaii cor|)uratiiin, cvcinnally, |ji'rlia|is, v\vi\ uur ( iovi rnnicnl , may 1il' di.|)l(jialilr, iiiil will m,: be aL'ti'pli'd as our ju.--titii'ati()n lor inliMlcnMice witli the riiilits of otiur nulions, iiivolvin. tlu; infliclion of injnstici' on individual loivi^nci.--. Tlio wluili' ciMnso ol our ( Jovcrnincnt, its aelioii us well as its inaction, in tliis mattir is o[)cn to severe eriiieisni. It looks as if, in tliis matter, we re|)\idiated all our tradilionul and sterling maxims of international olili;;ations, as if we liad substituted for our old trusty and trusted moral L'ompass a new one, and lliat one subject to tbe most astounding variations, aeeordim: to locality— variations eclipsing in scope any similar [lerformana' di the mariner's compass. Witlun certain moderate limits, there may be as •,'0(k1 Ideal reason for the variations of the moral eompa>s as for those (d' the mariner's instruiniiii; but an absolute turning; end for end, an invjrsion of north and south, of rij^^ht and wcdiii;, the claim that a i;cneral principle of law has one eil'ect here and the opposite cRl.t elsewhere, will not be aceept(,d, in either navitiation or law, by cither experts or niercly conmion-sen'i^ [leople. ^\'hcn the eaiilain linds that the card of iiis co(n|)ass calls tliat north wh'ch the sun in the heavens proves to be the south, you cannot fool tlie caiUaiii into bclicviut; that compass. He will tell you that, thoufjh the needle is as ri>;ht as evw, somebody has bi.cn " monkeyinsj; " with the card, lie will at once cornel the falsilieatiuii. 'J'hc sooner Uncle Sam {;oes and does likewise in this I'aeilic contcnlioii the better for ;ill concerned, and [lartieularly for the international reputation of our country as an upriijlit, a I'air-dcaliiij.', a just people. (Signed) KoDERT HAYNtU. No. 201. Colonial Office to Foreign Office. — {Received July 27.) Sir, Downing Street, July 27, 1880. WFTII reference to previous corresjinndence, I am directed by I.onl Knutslbrd to transmit to you, to be laid before the .Mar(|uis of Salisbury, a copy of u de.-.palch from iht (iovernor-General of ("arada, with its inelosures, urf^in^' the desirability of such steps \mhi taken as will secure reparation for the damages sustained by sealers of the Doniiiiiuii, in consc(|ueiice of the seizure of Canadian scaliiiij-vcssels in Behring's Sea, and tbe withdrawal of the claim advanced by the (jovernment of the United States to exclusive jurisdiction over the waters of that sea. As Lord Salisbury is aware that a eon^idcralile delay has ooenrred in the preseiitatiin of these claims, ford Knutsford would sugL;est that the claims should be presented to the United States' (lovermnent at an early date, unless there are strong reasons of policy against this course. I am, &c. (Signed) ROBERT G. ^V. nERI5i;KT. Inclosure 1 in No. 201. Lord Stanley of I'rcntou to Lord Knutsford. My Lord, Neiv Richmond, P. f^., June 12, 1889. Wri'Il reference to jircvious correspondence on tlie subject of the seizures ot (.'anadian sealiii^-vcssels in Behring s Sea, 1 have tiie honour to forward to your Lordsliif | a cojiy of an approved Minute of my Privy Council concurring in a Report submitted by the Minister of .Marine and Fisheries, who deals fully with the whole (picstion of tlu■^e I seizures, and strongly urges the cksiiabilily of such stejis being taken by lUr Majesty; Government a.- shall necure full lepar.ition iiiir the damages sustained l)y Canadian sealeri, and the retraction of the claim advanced by the United States' (jovernment to e.\clu>ivf | jurisdiction over the waters of Bcliriiig's Sea. 1 have, &:c. (Signed) STANLEY OF I'KLSTON. 2f)3 !RT HaYNEK. [ncloHiire '2 in No. 201. Ilfjinrt (if II ('oinmilire of Ike Honoiiriibli: the Privy Council, approved bi/ his Exci'llrnnj Ihf (tiivcrniii-fli'iirnil in ('jiunr.il on Ihr ilh Jinir, 18S!), ON ;i llcporf, ilali'd the L'7lli Miiv. MHIl, from tlu; Minister oT Murine and l-'islicrics, iltin'' the t'ollowini; rusuint' and r(rotiinii'ndKtii)n n.-latiriL' to l\w Caiiudiiin vessels siihiii -ci/rtl III or tinlcictl nwav (Voni flio n(diiin'''c Hea l)v IJiiitcil States' aiillidritics. I Ihr back as tlie month ol' Scptcinlier l8S(i, tlic (.'anadian (iovi rnnieiit lirst called .ittciiiion of the Imperial authorities to (hi', action on the part of the United States, and in I .Minnie of ('(miieil a|)])roved liy your lOxcelluncy on tlu^ '-".(th Niivemher, |f"H(), the {|i"iiiv was then e.\|iressed that iminedinto re|)aratioii should be (lumanded for such wanton ,mil iitijii ;litiai)lc acts. On the '2!lth Novendier, lHis7, a .Minnie of ("onncil was approved hv voiir Kxeeilcncv, ill wiiieji the revi ised !)f the owiK'rs of tiie schoonci Tl lorntoii " and "Carolena' arc stated in detail, and directiiitt that the claims should he forwarded to the Secretary of Stiitc li.r the Colonies for transmission to the United States' (lovernnient. On the 20tb DeccmbiT, 1887, a further .Minute of Council was adopted having rpfcrciirc to the claim of the owner of the seliooner " Onwari and recomniendnu that lor d. luiuiLces he forwarded in a similar n manner to llie (lovernnient (A the United a cliiiiii States. These vessels the Minister is informed arc still laid up on the heaeh at Ounalaska, and are in an advaiieecl sta^e of decay. On the .'jOiIi Deecndier, 18,^7, ii subse(|uent Minute was adopted by the I'rivy ('onncil, iiiuiii:; reference to the claim of the owner of the schooner " Favorite," whieli vessel IS leliniiif, ort ■dered awav hv iho United was, on tli(! L'nil Au:,'ust, IHsf), while seaiiiiji; in .*>7 ' Dolph i^tii .lulv, \hh: 'Alhed Adams,' fith Aiimist, 'Ada." ■-'■"lib August, 1887, and cinhodieii the claims connected th erewitb which were reeoiiiinenilcd to lie ioiwarded liii'Jimh tin: iinperial (lovernmeiit liir iiir.nediate Sfltleiiuiit. Further revised claims lor personal damages, for illegal arrest and impii>.)nmciit weiv lurwariied under mi approved .Minute of ('ouncil of the 12tli .lanu.iry. 1688, to the iniiCTiii ii (; nt in connection with the seizures in the vear 1880, as tollows : — the presentation [iresented to the L'asons of policy . HERBERT. I lulls (iultoriiisi'ii, iimsUr Henry Noriimn, rantc , Jiinies Ogilvip, innstcr ■Iiinics lllnck, mute Ibnii'l MuiiriH', iimstcr ■lohii Mnriidtirli, miitc Sihniinir '* 'I'htirntini' Schnoncr *' Citrolena.' Schooiur " Oiiirtinl.' lJullur». . . 1,0011 . . l:,.)00 . . 2,500 . . '-'.'lUO 1,000 . . '_'..')00 ir I'KKS'i'ON- The personal claims ot' the masters aii.l iiiate.s ol the vessels .seizul in I -■87 were H'loiiiiiiended lor transniissioii iiy a Minute ot ('oiihcil ol' the iL'tli .lamiaiy. I>>'S, as IoIIdws ; — .1 l>. Wuiroii, !ii,isler .liiliii itcillv. i.iato A. II. I,a;:iL', iiKitr I.nuis OKcii, inastL'r Mifli:icl Ki'il'i' iiiiiti? Williiu. IVtIt, miiatci- ','lKirlis A. Liultji'r^, mat*' Siltonuer " W, /'. Sai/uanl." S'huiwr " .iliin: J'ti/:," Svhni'Urr " firacr.' llnlhllS. 'J.r.:i.'') I. Olio 'J.iioo 1.000 ■.'.000 1.000 ■-',000 •J.ooo <> ^^^ ^ oJV^ IMAGE EVALUATION TEST TARGET (MT-S) 4 // 1^ Ak^^ y. i/j I.I 1.25 lU — 6' |28 1 2.5 iU 1 2.2 1:° III 2.0 1.8 U il.6 V] <^ /2 v: ^W/ J^ >^ "W%:^ '/ Photpgraphic Sciences Corporation iV 23 WEST MAIN STREET WEBSTER, N.Y. MS80 (716) 872-4503 ^ o 9> V c> <^.^ V >> 964 Oiii- v(s>.(.l was rcli'iisid on tin- l,")lli Miiy, |Ss8, under a lioii'l, viz., I he M'linumT " \y . I'. Siiyw.iicl ;" tlic owners ol t!i(> oilier vcssi'ls (except the "Ada" lor winch no owner cdiild tie found) considered that the nn|iriii«eiiient wa* liir!,'ely in cxecs-i (if tlic value of tlie vessels. Tlie Marshal of tlie rnited Sl.ilci' Court was al that in a dopatch irom the Colonial Ollice, under datt the 'JiMli March, lK,ss, sialini; that the Liw Ollicirs of the Crown were ol the o|iininn that "ill respect of the schooner ' I'avoritr,' wariud to operations under threat t seizure, the siiii|ile i|ue-lion i*- >'. luther the threat was intended to lie put into lurce, aiij whether >lie lioiiii fulr cea^^cii to li>h in eoii'-etpieucc. Toere can he litlls' douht that iidiii (piestioii- would he an>'"cred in her favour, ami in her ease also, a claim shoiilil he prc-Hd, tliouuh the measure of damatis will he dillcreiil Ironi that in the case -v,|. and would, in the ahsenee of >-pe('ittl eircuinstances, be the actual loss occasioned liy rciiwii of |l (' iiitcrru|itioii of the (isliini;." 'I'he same despatcli relerriiiif to the cases of the " W. I'. S.iywnrc I was seized, and ordered liv the I iiited .'slatt. iiuthorities to rejiort to the L'liited Stiite>' .Marshal at Sitka; in>tead ol wiiich ihe captain sailed for Victoria, tha> cseapini; dctentiui) and loss further than that of hciiij; oldielion. The Manpiis of Salishury, in that despatch, reiiuirks : -'Nearly four months hair elapsed without anv ilefiiiitc infonualioii hein;; lurni>lied hy the United States' (Jovcri- nieiit, as to the grounds of the seizures. My iiredecessov in-truetcd you on i! Htli .(aniiarv last, to cxpic-'S to Mr. IJavard the (.incern of Her .Majeslv's ( lovcrnin lit ;: the delay, and to w^r the iuimediali' attention ol the I'nited States' (iovertiinent to !:: action of the .American authorities in their Irealmi lit of lluse vessels and of their inii:niilled to me in your despatch No. lllfioftlK' rjlii ol that nuintli, and they cannot tind in them any justilication lor the coiideiiinatiiiiHi' those ves>-els ;" and eoneludint; his despatch hi- Liird--liip liirtlier slaied : "Her .Maje-tv- (iovernmelit ti el miic that in view ol the eon-iia ration- which I have -it loitli in Hi- despatch, which you «\ill eominuiiie.ile to .Mr. Hayard, the (Mivernnit lit ol the I'liili; States will admit that the -i i/urc and eondeiiiiiatioii of Ihe-i' Ihili-h ve— el- ami ti.i impri-oiimeiil of their ma-ters and crews wen; not warriiiiled In llic eireum-laiiee-, t ■ that tliev will he ready In all'ord rcasoiiahle coiii|ien-alion to those wi.,> have Milliini 'i eoii-ei|ueiier, and i-siie iinmediiite iustnictioii- to then iiav.d ollicers whii h will prevent ■ rceum-iiee of these n-yrittahle incidriits.'' Three years have now almost pniised since tin .\mericaii (iovernmelit were apprisui* the remonstrance on tlii' part of the IJritish (Jovi'iinneiit a^'ainst the cliiiu set up ^•■ exclusive juiisdielioii in the nehrim;'s Sea, with |iraetieall\ lej re-uit ollui tli.iii the viilm and ciii.linual exelu-iiii of Canadii.n sealers troin li.ose oiien waters hy the (ioverniiiiiit o! the I'nited Slates. Constant iinpiiiy has heeii made of the Canadian Government as to the pi-csci;'. condition of the cliiiins of Hritish suhjects in Canada tor the damage and losH buslaiticd I'} the unjiistifiahle action of the United Slates' authorities. The Minister regrets tliut he has been u'lle tu give iiu other aiiitwer to these in(|Uirie) Htr> lli;iii I:) say that tin; claims uit still liuiii^ ihci^lmI ujidu the atti;iililu'ri('» i^ inrdi'iin'il liiui the laihiri' to ohtaiii >a'.i->l'actiun ha- alr(M(ly rfsulli'ij in I lie linancial cailiarras-nicnt anil lailiirc of Ciplain Warren, of Vicliiii I. Hriti«li Colinnbi., oiii ol the owiu'r-^ most lari;i ly interustcil in the seized ve>scls : wliilc tlie ■ealiiii; in(hi«\rv, --o lar as Cinail.i is loi.ci'i'iieil, wiiiiii was heri'tufore pro-i'eiited Hilh iHiisiiliraiile ad\ant.i','e lo laiioni' and (a lilal, has lu'conut enlir ly |i iralv/ed. IK' Inrlher ol)M:rves that while the argument advaneed hy the liriliih ( iDVciiMiienl Iiiufliin^ tin' riuhls of llnlii'!i •.ulijeets in the ojieii waler- of IJehrin^'s Sea lias not hien niul, ii'.'ciit exiire-.innv and aeiiiais on the |i..ri ol nllieials and of the authorities in the I'nitid Slates toueliiMi; liie HehrinL''s Scii.t.iken with th(r si i/.ures of liiitisli vessels alreaciy rclerred te, iitiord a reasonuliie K'ronnd tor the lielieflliat the Kevpiiue-eutters ol (lie United States' (!uM'riiin> nl in I hi' waters in i|ii( -l.on will eonlinne lo treat these wnt'-is as elo.-ed. (Jrcat (J;iliia:;e iias tlurefoie not onlv hei'n siistuined, hut is now iieini.' sutiired, hy Hrili-h -u'ljeets III r()ii-ei|iit nee ol (heir not daiiiii; ti' risk their peisons and proprifv in these waters in tlie alinaee, not only of a settletmnt ol' the ch. ins already exi--tinu', hnt witliimt any positive as' United States to tlie Alaska Cointnereial Company in AiiirnHt 187" i;ave that ('omjiaiiy the rif;lit to take seals on the islands of St. (ieorL'e and St. I'aiil only. It appears that it is ehiimcd hy the United Slu s' authorities that tiie supjily on these islands i)('t,Mn to diminish in coiiseipii'iiee of the nuiiiher killed and taken in the ujieli sea.* In IS"!! u Notice was p'lhlished hy tiie Treasury Department at Washinj^ton, eallinp^ attention to section 1!'.'>T of tlu> Revised St iliites of th,' United States foi tiie purpose apparently of pmhihiting Aiiieriean i-ili/.cns irom mterlerin;; with the rights of tiie Alaska Ciiaiinereial Company unler its Contr.iet witli the United St.iles.f NotwitlislandiiiL,' the statement in the Report ol tlie Committee o:' the House of l{i liiesenlativisj hereiiialter rel'erred to, "that .Xnierican citizens respected the law and the |nililislied Notice of the Secri'tary ol St;ile ol the Treisurv, and made no attemiit to take -I as," tJu! list ol seizures appi'iided to that lieport-;? shows that an .Anieiican schooner was scizlcd in 1S,><(> and sev'ii Ameiieaii -choonei- were scjzed in |ns7 for tie violation of the M(ti(pn (i| the Revised Statutes iiiciilloi.eil in the Notice. ke Hehiiiii;'s .s^ea ''rlioriiton," ' a until iliiusuin ' Carolena.'' and The hold attempt (jf the United Stales to inal»e ocdirred in IHsil hv the seizure of the Hntisli -chooner' •'Onward.'" It will he reniemhercd that in |Hs,7 .Mr. llayard wrote to Sir I.. S. Saekvillc West rclerriii^ lo the Alaskan waters and the Uei;ulalions and Orders to United Stales' vessels to protect them as follows :-- " 'I'lie Laws ol the United Stales in ihi» hi halt arc contained in the I'veviscd Matutes rchilinu' to Alaska in sections I 'J.-ili to 11(71, and li.ive heen in lone for upwards uf • \e iteen veais. The qnesiiiii of in^ti iclioiis t;ly.'" The .Minister is not aware ihiit anv inlormatioii has h> en <'uininuiiicateel hy tin i-lary of State Departini'iil of the United Stale,>' ( iiniMiiinent as promised, '■ so that iiii«h and other vessels visitinu' Ih/ waters in cpi; >tion could i,'ovcin thdiisehes accordingly. ill Inn the followinu' Ci 'PI" to have lueii i-,iued in ^^ asllingtoli in ihe ye.ir If^Sjf; — 'l)t T, I Dfjini liiirii I. Ojfi' '>/' llir Sirirliini, ir .'S||, Wiisliiiiijlwi, I). C., Mrnli j. IHM8. Kelerriii;; to the Deparlment's letter lo you ol ti>e Kith .March, l.'^stj, eoncermni,' ili6 "lope ot the ji'iisdielion ol the Unile.l States ovei liie waters ol the territory of .Mask. i, and the prevention of the killing ol fur-seiils and other fin--l)earin,n anituals within such, id a. deserihed hy Ch iptcr .» of Title '.'U id! he Revised Sfatutis, you give puhlieity lo tiie matter, so that any parties who may are ay;ani reipies ted It i'unteiii|>latiii^ the littin^ out [l'JM| lli|inrt .\n .ifis.i II. !(., .)U I'liimri!.". s,.,.i,in i. Appi'mlix (A). t Ai.n lulls III) Xpril 01 li n N... asHi II. i: I" ri'»., Seiluin '. |>. .1, \|i|i.'ii.lu (\), ^ .\|<|»'iiilit (( I I'.thiliil (.'. Ill uliuu' Uc'|>iirl. M 26fi of txiu'ditioiis to kill fiii--.('jil< in (lie snid wrttM-. iiuiy liiivc (Im- ;iii'l timely notice of the rc(|niri'iiu'iits of thf IStalutc in tlu' prcmisi's. us constiutd l)V the l)r|iartiiii lit. (Sii:ncil) '" L. II. Mayn.M11), ■' Asxi.slnnt •Srcnlnrii "(.'oilcctoi' 1)1' ('ustoins, Sim Fniiicisro, Ciilitoiiiiii." Atlcnfimi is caili.l to the la-' wonis ot the loie;;()iii!,' (Circular. The " coiistiuiiiL: nl the Departiiient " may he ascertained hy the seizures under e on- Hidrration. Ihe .Minister would Imliier draw aliintioii to the Uiimrl of the tloveriior of Al.nka not assort ex(:lui>ive jiirisc iietinii for the year IHSS,* wherein he arijues that the Uionopely ot the seal fishery in lU'hri will he lost it tlie («overnnient of the United States doe- beyoiul the ■'l-milc limit. Ill this l!e|)ort. alter ixprcssiiiir his tear that the British sealinir-vessels will asxaiii visit the o|)eii waters ot |?ehiin::'s Sea, and eaptiiie se:i|s, the ( iovernor calls for an annonncf- inent ot thi"(i()liey and deterinination o( the 'ovciiiiiunt in the matter ot their |iro. tection," Sul )se(]iieiitlv, aiul (hniiiir tiie ■.(III 1 >e-sir)ii o -Oiniiiittee o n .M t fhr House ot' Re)ii( seiilatives, lln 'II tin l'"i-lKries w»> dincted "to fiillv investigate and lennit npi 1" Iiatuie anil extent ot llie ii<;hts and interests of the L'nited States in the tnr-seal; d oti lor tisi leiies in the HeLiiinr's Sea in Alaska; whether anil to what extent the sn had violated ; and hy whom : and what, it .-iny, leirislution is necebsary for the heltcr protection and preservation ol the same.'' The Coinmittee re])niteil+ ii|ih(.](iiiii; the elaliii of the L'niled Stales to jurisdiction over all waters and land ineliided in the Treaty of Cession by Uussia to tlie l'nited Slates, and eoDstniinL' ditterent Acts of Congress as coniplelini,' the claim of national territorial riulits to eov Til er the o|ien waters ol hi lirini •a outside of the .'i-mile limit. 11 e e(ue his I'roclaieation and cause the saini' to be published lor one month ;it least III one newspajier lif any such there he> [iiibli-hed attach United States' port oldilry on the I'acilie Coast wariiiiif; the Waters lor the purpose ol lid section, and be shall also cause one or tnore vessels el liersons ai;iuiist enteriii!; violatint; the provisions of tin the United States to itiligeiitly < riii/e in the said waters and arrest all persons and seizi all vessels I'oiind to he or to have been engaged in any violation of the Laws of the L'liitcl States therein." Then follows the wariiini; as in .Appendix (marked !•>). The Minister desires to hriie.' to tlie imnicdiate notice of the Hritish (iovcrnmcnt tl:i forefroiiif; to show that while tin- wronu's inliieted h'. the Ainei authoritii IMIOII roiii Ihf subjects ol Her Ibitannic .Majistv still u'o unredressed, insttad of withdraHiii); I position assumed by the l'nited States in iHSfl.the (jiuveinmeiit of that country threaten' to renew thn illegal acts complainetl of. AplHiKlcx (1)), '■ II. poll ( t Oii\( ri:or c.t .\Uiil.n lor ll-iiil yav IfSS.' I Ui'i'iri No. .•.f*~;i. !>(i ( (iiigifK", •J. Apiriiclix i.\ , .Vluii'l, ail, IblJ!) • Hill, II II. \2A.\'i. ^ .Apl'i'pil'x ( A I. I'liil'liilii.ltlDII. Miiirli ;^l, I8MI, .\|iprilill\ |K). ^ Appiored, M,ucli 2, IbHU. 267 issia's title to IJidt'i- tiii'su circinnslances it {.-< not. sui'inisiim that the piihhc niind in Canadu lias |i,((iiiii- cvciud it mil iihiiim'd liy cvi ii ihc ii|)|)(MniiK'c of (hliiy in olitaiiiiiiL' lull coiii- iH'n>:itiiiliji'cls ic-idiiiL: in lhi> |)oili()n nl tho Kni|iirc. Advcilinif a'/ain to ihc Kcport ol' the (Joniniitli'c on Mariiif and lishcrics of the ||(iii-f ol ls('iitativ('s, the Alinl>t(-i (ha's iu>t deinii it nccissaiy to riview all the I'diicliisivc an^vvcin which have Ixen t;ivtM to the i;i'oiind taken hy said ('onimittc e, and he i« i;lad to rccolleel tlial the Miitisli (jovernnienl has never enteitained donht leu'aidiliL' the ali-(llt'e lit' tiie .slii^ti St jiisliliealiun i\)V tlie seizure o( ihe ('aiuiiliaii \e—.els. lie niav, however, he jieiniitted to reler to liie ai^iuniint ol the ( 'oiiJiiitlee ol Maiiiiu ami Fisheries helore adverted to. The eoe.tention ol the ( 'ormniltee was that llie only (|iiestirin ever rai-ied Ixtween |{ii-~ia, Knuiand. ami the I'nited Stales re^ardii'ic niinilimc |uii> iii lion in ll:e l'acas is still the theme of iliiens.--ion anil ciinlroversy. I'lilleiidorl admits that in a nairow sea the iloiiiiiiion of it, and Ihe ii.:lu ol' ti-liini.' therein, may lielont? lo tiej ,^iivereii,'hs ulllie ailjoiiiiiiu sImtcs. •' .VeiordiiiL: to ll.i; current id' modem anthority, the sicneral tcrritoiial jiirisdietion I'xtuids inio the sea as far as eannon-sli it will reach and no larlher, and this is ;;eiierallv lalridaled to he a inarine leairne, and lie Comiress nf the I'niled States havi- reeo:;iiizi;(l tills limitation iiv anthori/.ini; the District C^ourts li> take coirnixance nf nil cn|iturcs made wiiliin ,1 marine leafjne of the .American shores." \i:d with relerence to the letter of .Mr. .\dam-, he iuiIIkm' says : -■ "'I'he claim ol Kiissia to sovercii;nty over the I'aeilic coast north ol the .')l-t dei;i'ee of latitude as a close sea wa.s considered by 'air fiovcniineiit in IS'^J to lii> iii;aiii>.t the ritrhts 111" other nations,'" ill Kei;ulations under the Uussian Ukase of I Sli I, which led lo Ihe correspondence rtl'iried to. Russia cxpussly |iretenils lu uraiit exclusive coiiiniireial and tishinir riu'lits to Kiissian snhjeets " Iroin Ilelirin^''s Straits to the jlst decree of northern latitui! ■ : also froiii the .Mciitiun Islanils to the eastern coa8l uf Siberia, ii» well as along the Kurile l-hiniU from nclirinu''s Strait to the sonik capo ol the Islanil of Unip, viz., to I.')" .lO' liiiitlieiii liititllde." < 'riliei/.iii;; this, .Mr. .Xdains said :— * " To excluile the ve-se|s of oiir cili/cDs Ironi Ihe shores heyoiid the ordinary distance to which till' territorial jurisdiction cNleiids has cxciled still LMcalir surprise." The letter of the t.'nd .\piil, H'J'-', from .Mr. I'olelica to .Mr. .\danis es|)ecially shows lliai the lont; .•ontroversy from l-'J'-' to l^sfis jiciwcen the liussian and American ' "iviininciits wa« not coidined, as the Committee of .M.iiine and l'"ishcries says, •' to that •ii'ilion of the coast and waters of the .North i'aeilic (Jeean lielwccn the .'")ist parallel ol iKiitli latitude and .Mount St. Ellas and east of llie Hist meridian." since in it, after iMi'leavoniini; to prove Ihe title of ilussia lo the iioi th-wcst coast nf America from Hehriim's Siiails Id the ;">|s| de'.:ree of north latitud , Mr. I'ole'ica says ; — "111 the name manner the L;reat exlent of Ihc I'aeilic Ocean al the (1st dcixive of 1 ititude ca'inot invalidate Ihe rinhl which lliis-ia may have of eonsiderini; that part ol the ocean as close. |{ut as Ihe Imperii I vlnvetniiienl lins not thoiii;ht lit In fake nilvaiitai;e of that ri^lit, all further discussion on this siilijeet would he idle.' Keleieiuc call af,'aiii lie made lo the letier ol .Mr. .Vilams lo .Mr. I'olctica.ti wherein he .slatoi: — "With reijani to the siiigchiioii that the Russian Ciorerniiieiil iiii^ht have juslified il'i cNcivisc of sovereignty over the i'aeilic Ocean as a close sea because it claims territory liilli on its .\inerie.iii and Xs'atic shores, it may snilice to say that the distance (roiii s||,,re t'l shore on ibis s-.-n in latitude .')! north is not li'ss than IKt of lonjiitude, oi 4,((l)0 mills." And lo the letlei (if .Mr. Adams to .Mr. .Middleton, J the .\mciican l{e|)roscnfati\e in Kiissia wherein he remarks : - • Kroin the tenour of tin; Ukase, the pretensions of the imperial (iovernment extend [1281 • .March ;iil, IHSJ. t " Ki'iit't' ('oiiinn-nlnns-. ml i, pp. JH mul 'M). l.'nli tdllioti. I Mr. Ailniii- to Mr. I'hIiImi, Fibruai-.v Viii, I»i2. $ Mnroli JU. I H 1'.^. I July -JJ, 1»S2U. 2 M 2 208 (o m rxrliisivo (ciiiforinl inri^diflidii frntu tlic -l.'tl; (Irjrrp of nnvtii Intitiif)'', nn Mi" Asintic const, to till- latitiiilf 111 ol iKirlli, nil III wotcni I'liiisl dI ||ii> Aiiicricim ciiiiiinoiil, ami tl lev lime llic rii'lil ol iiilrl<:i(liiiu' the ii;ivp'jiiti(i;i iiml ill" ti-li >l ill! citlh-i' iiiitioiH t(i t!if t'.\t( 111 ol lllO null's liom the xviuilt' of that coiisl. "'I'hf I'liitcd Stiik-i ran a(hiiit ii-i imrt ofthc'^c rlniins. Tiicir riaht tS iiiiviuniioii and oftishiiii; is pi'iiict mill lins lircii in iiinsi ml cxi'icise Iroiii tlif iMilifst times, uftcr the I'ciiCf of I'iM, lliiom;lu)Ul the wlicijc cxtiiit ol till' Soutlu'in Ocran, sn'iji'il oiilv ti> the • iiiliimvv I xt'iiiplioi'.s and rvrliisions of tlu' Kiiili)ii;il jnii^dictions, wliicli. so lai ..* Kii^siuii riitlits and h an.' coiiccnii cl, an' coii'iii live ho I III I'l (I'ltain islaiiils iinith of tlic '>■'>[}) di'i'iei- of latltiiiii \iv|. nee 0:1 till' contiiifnt of America. Sulisiinu'iillv Mr. !• oiNvtli, Sc'iTcfarv of State at \Vashiiii;toii, wrote Mr. Dallas,* from wliicli is cvfriictcd tlic foljouin'.^ pa'-sai;!; : — • The Ihiitcd .'States, inairr I'cinu no t tn fiirni iicw i ^tahlishnicnts to the north of lalitml :it .'i4'' 40' north, made no aclnl lliiil Uissi.i did not SI) understand the .Aitiile l^ liril i\elv iiiovrd liy her having? entered into a similar Aiireenunt (Ih'2.')) \viti| (lic.it ill that iiistiiriieiit the rJLclit of ^)oss(•i^ioll iil nn, and li.i 111,;, in lact, aeknouiri lie same teiritoi" liv < I real l!rit;;in. 'I'he I'liited States can onlv he considered •cknowledi^'iii;.; the ri;;lit of Rn-sia to aei|uiie liy actual oeenpalioii a just claim to iinoceupic I lands ibuve tlie latitndc 51° 1')' north, and even this is mere matter of inference, as the f'oiivention of 1 Si- ^ contnins notliin'.: nioi'e than a neijation of tiie ri|;ht if the Unit' d Slates to (iccujiy new points uiihin those limits, " Admittiiitr tiiat this inference is jnst, and was in contemiilation of the parties to the convention, it eaim )t folli that till! United Stales ever intended to aha nilon the |usl )f nat ions, til rij,'lit aeKiiowledL:ed by the 1st Article to heloni; to ihein under tile law tVeipient any jiart of the unoccupied coast of North .\mericn (or the purpose of fishing tradin-; with the natives." nr The ( omniiltee Imviii'' endcavourei 1 t, tiiat the correspondence hclwpcn 182 Jown to the Treat V 01 I'ession with Russia had no reference to liehrinir's Sea, were compelled to reconcile with their co.itentioii the opinion of .Mr. Secretary Houtwell, of thi' Treasury l)ep:ntinent at \Vashiii;:ton, i,'ivcn on the iith April, 1H7:.', wherein he held that the takiiiLt of ti ils was tiof iinluwtiil unless attempted within a marine leauue of the lore. .Aei'oidiiiLiiv, Mr. H(iut«ell was called mion to explain his previous letter, and llih he has atteniiited to do.f ft will he rv( d, however, that, while Mr. Boutwell 1 io\- claims that his lettd 1872 referred only to that |ioilion oi the Pacific sonlh ol th ■ Aleutian r.inye of isliiiiit'. the letter is in reply to a direct (piesiion from the Collector at San Fiiinciseo, (oundeii U|)"ii an extract I'rom a iiewsiiajitr. This newspaper exiuessly states thai parties in Aiistndia are fitting out f'lr an The Colleclor incloses Ihh expedition for the capture of fur-seals " in iiehring's Sea.'' The Col extract to Mr. Hontwell, and su^'nests that, as the seals reach St. 1' I'-laiiils uiiirorinlv hv tlic Ouiiir l> iss and tliiom^li tl aul ai.ii narrmv ~l rails iieni St. Ci'eorp that jiii" thai a I utter he pi, iced in the re.'inii of Ouiiimali Pass, where it could render Hint ellicieiit service in ])re\entin;,' foreiu'iieis slaughtering fur-seah; in the water (>ii iluirff.v. to the islands. .Mr. li'iutwcirs leiler con\e\ed his opinion that ,1 Reve.iuc cutter could not protco! the seals III till' narrow pass rei'cricd to, ^incc they went in pairs or sini;!) and not in droves, and covi-rrd "a lar:;e rcitioii i.f water in their homeward travel to these islands," id lie added : " I do not see that the l.'niled States would have the iuiisdi.-l (() dii\c I'lr parties g, ing up ilicn a mailiie !ea'..'ue of the shore." i.'lion or po«it thai purpo-e unless they made sneli ut tempt withir It is impo-sihlc, in the li^hl ol the (ui'scnt contcntiuii ol the United State-, Ij upiiiise that .Mr. Pout uel did not ow tliat the ^laiii;hter of the ill the water- tl the lielirni'j s .Sea was the Icr if tl II! collei tor I'.iK I that the sui;L!;e>tioii of the latter nii«ti) prevent foreiL'ii vissels |iursuiiii; seals throui,'ii the pti'-s in (|Ueslion. Niilwithstandii"4 ihis explanation, it IS to he ohservcd that no vi of any kind ever '^ei/.ed hy the .American d'overnmcut for violation of 'celioii Hi'ili. Revised Stiiiiiti* hefore mentioned, until \^*^i, v\hcn outside ol the .',-mile limit in Pehring'.s Sea. 'i'he list ol seizures produced hefore the Committee is hereto iippended.§ ♦ It'imtl .fCi Sii\cinl.iT tl. 1H:17. ilU'i- i'ti Miiriiii A|>pcii(lih snl-jects. It is to he refrreticd tlint siuiic of the h'aihns; Repirseiitntivcs in the Canadian rnriiainent have aheady l)een indiieed to e.X|ire";« theo|)inii)n tlial tiie Urilisii (;o\crtini('nt Would not aclividy proliet liie ri^h[< ol llritisii •■uhjtcts residiiit in Canachi in cases wi.erdii the I'nilc'i Stales weie eoneernid, and while he, the Minister, hcjimr s such ii|iiniiin to he entirely erroneous and unfoiiniled, he desire-, to express the hope that these (Alieine view.-- nuiy lie in nowise .itrensjthencd hy any unnecessary delay in vlKorou^lv and illcctively pres>iii;; the C'aiuidian elaini> aL:ainst the Aniericuii (jovernnient lor the illei;al iiiKJ unjustitiahle action nou under consideration. The record of the chmns havini: heen completed on the I2ih day of January, ISgt*, :iihi then forwarded to the Imperial authorities, the Minister reconimcnds that tier Miijisty'* (iovcrnnu'nl be urced to take such I'urtlier stt ps as uill jiroinpllv secure from tie (i'lvcrnn'ent of the I'lnleil ^^tales not o(dy lull and ample reparation for the loss and (l.iiiiairc sustained, hut also a cuniplctc ;ind innnediatc retraction of the claim of that niantry to exeri i>e lAehisive jurisdii tioii oxer the waters of the I5ehrin;;'s Sea 'I he Coiiimiitee concur in the foreuoiii;: ic'-ume and recomi endation of the Minister (ifMaiine iuiil Kisheiies, and they adxise that your l'"xccllency he nioyed to forward a (•o|.y (it this Minute, together with the mclosures, to the Ui^ht llounurahlc the Secretary Ol' State for the Colonies. 'I'hc Committee further advise that the llif;h Commissioner for Canada be directed 1(1 phice himself in pergonal cominunicatioii with the Secretarv of Slate, so as to afford liiiii any furthvr information that may lie desired, all which is iv-pectlully suhmittcd for vdiir KvcillencN 's approval. (Signed) JOHN J. Mc(;i:i:. Clirli, /'i/ti/ Cuiiniil. A I' 1' i: .N ij I (; E s . nwli Cnnf/n-.'o, 2ml .*4'«io/i, Jf /.' ] .1VV2 —(lieporl No. 3883.) \S Tl\F. IldfsE "F liFPHr.sKSTATIVK.s. .'iiKK.i.v/ :.'!•, IS.SO. — I'lMii iwii'c, vccoiiiiniMril In Hie ( 'uTiiiiiiili'.- on Men li.ml Miiriiii' luul Fislierios, Mini nnlcri'il til ^^ plilltnl s;). Apiiciuiix (F). .Mr Iliiiiii. Iiiiiii llii- Cniiiinilli'c nil .Meri:lmiil Alaruie aiiil l-'isKt-rii's, npnltiMl thr fnlliiwili;; IMIl -- .( Hill ^. Ani'-it'l Stii.ii.i. UK It eiiiii'li'd, liy the Scimtc luiil llmi^ii' .if Itrpiis-iildtivi-i •>[ tlie I'liitid ."stiite.i nl' Aiiicrica in I'lriLTi >:< Ms.-'i'iiilili'i|, I lull SCI ill 111 1 '.Hi:! Ill' tlir li'i'visi'il .SialiiU'i nt I lie I'liiluil ."-liili'S lie iiiiiriiili'il sn as In iidil .H IiiIIkWS : — ■ .'si'L'tillll I'.Mi;'.. W lllilll mil' \1MI pli'il Id till' linn: ulna llir l.ior llilltofiiri' lll.nlc Kj' tllr SriTc- tiiiy 111 ihr TvcMsiny tu ■ llic Alaska (niiiiiu'irial •'.•iiipuny ' nl tin- iij;lil tn <'ii;.'ii;^f in Idkiiij,' riir-^iMls oil ill!' i.^liiii.ls 111 .SiiJni piiiil Mii\ Si. (lienor, piiisii.ml In tlic .\i I nf tin- 1st .liilv. IsTil, cliiipiir M'.i. nr «licn any lutiirc siiiiiliir Icii.sc oxpiics m- is siinciKlircil, I'mrcilcd, nr trniiiimlnl, llie ScnciMiy nl' tliv ll'i^ni V -liidl lease In pinpc r and li'spnll.silile pillties Im llie liesi iiilV(UltilL;i' "f tile I'llileil .sJlales. Iruili'.^ I III" ieL>aii| In tile iiitei'i>sl- lit I lie I inyei iiiiieiit. I lie ii.ili\e iiilial>itaiit~. Ilieii ininrmt. inaiiiteiiMiii')', ■iiiil iiliie.ilinii. US well .11 In the iuteiesls nl' llie |iailie~ lieiclnluie eiiuM'-'ed ill tlie tliiile and the prnlt'i'- tl"li nl' llie lislieiies, llie riv:lil 111 lukili',' I'ui-simIs nil tile islands lieicin liaineil, lUiil nl' selnliiii,' a ves.sel "I \i— icU In ill.- i~|iiiiil- ii.i- llie skins nl' sill li seals, fnr llif liiiii nl' Iweiiiy veals, al an iinniial leiilal nl' lui! !■ s than ."iil.dOii ilnllai^. In lie re^i'iAeil in siieli leas<. iind seenieil Ijy .i depnsil nl fnileil .Plates' Imm' . '"iliiii aniniint ; an.l llie adililinmil sinn nl' nnl less ilu-.n :l ilnls. .'.Oe. Ini- em li fur-seal skin t.ikeii .'iml «lii|.|ii..l liniii the islands nl' St. I'liiil and S|, ( lenr.je iliirini,' the inntiiiaiinie i.f any lease (n he paid inin ill., 'rieii^iiiv nf till' I'liUed Stales and even siieji lease shujl \\c ilnly e\..enli;il in dnpl'..ile and -liall li.it l.e tIalisferaMe ; and tlie Seeielary nf llie Treasury is eiiipinveieil tn ni.ike all lU'edfid l;e;_nilaMniis l"i Ik Heel inn and payment nf the same, ami tn seeiiie the i .iiiitnil. in.iinleiianee.ediieali.in.and piii- lietinn iif llie imljyes nl lliiise islaiida, und also tn yairv iulo lull elleot all the pnivisinm nf this ehiipler, 270 fJtCL'jit lit cilliiTttisf jm'/iciil'iMl, Ainl 111' iliiill j,'ivc at Iciist nixty days' iiotii ruf llir iottiim iif Koiil liwe liy |>ulitirati»ii ill Ml li'iitt mil' ilnilv |>a|i('r |iiili|i>li('i| in tlir rilicK i>( HohIhii. Ni'W Viok, l'liilui|i'l|.|iij llalliiiiori'. Wasliiiivlmi, •'Innii;!!, Sfw tlrlriiiis, St. Lmiis, iiml Saii I'riiiu'i.sci", inviting liids fm tht f*llIIH'.'' Sn' 2. Tlial •ii'i'tinri lll."ii; nl llic lii'Visi'il Slatiili's ul tin' 1 'liili il Sliiti'S wan ililcinlcd tu iiu'liiil,. and i»|'|'l» , and Is lii'ii'liy ilrrl iii'd In ilh 'iidi' .1lid ap|i|y. In all llii' wali'I'f nt lti'liiin;.''s Sra ill Al.iski cii<.l>raird williin iIm' lu'iiiidary-lini"< niriiliuiii'd and drHiriU-d in tlic'l'iraly willi iiiiHsia. ilalcd tin' :!ii||i Miirdi. All lSli7, liy «liiili tin' 'I'lriitniy nl Ala'tka wa- crdrd tn tlir Ilillrd Malr« ; and it sliull U' tlir duty of till' I'll >-id('iil. at a tiimly scasnii in laili yi'iii, tn issiir Ins I'rnrlainalinii and iihim' tlii'siiini' til 1.1' |Mililislii'il Inr mil' nimilli in iil li'iinl mii' ni'ws|ia|iri |iiili|i.s|iiMl at riuli I iiilnl Stati-s' pnit nj .nin' on till' rarilir c na>l. «aiiiiii^; all |ii'rsmis a;^aiiist rnti'iin^ said Trrritniy iiiid watris Inr llir 1iiii|nis<' i,f violalinn the innvisimis nl said siTtimi ; and lir aliall iilsn taiisi; diic nr iiinii' vcssils nf the I'miiil Stall's In diliiii'iitly riiii/r said v.ati'is and arii'st nil |ii'i>nns and Ni'i/r all Mssrls rmnid tn lie, or t" huvi; Ik'I'Ii, cnipini'd in aiiv vinlalinii nl llii' laHs nf tlir I'nitid Stati'^" lliiiiin Si'r. ,'!. Tliat sc, tinii I'.'U'.l nf tlir l!i'\ isid Slatulrs nf tlir rniti'd Stiitfs ln', and llio sailio 18 IiwIpv, rt'pi'ali'd. Sic 4 Tlial till' I'l'i'ilinn nf dams, luiriii iidi'S. nr nllur nlislriuliniis in any id the rivers nf Alaik.i, witli till' |iiiri'nsi. nr ri'sidt nf |irrvintiii'4 nr iniiu'din^; iIm' as.i'iit nf salnmn, nr nllur aiiiidrmnmis s|ii'('itj, tn tlii'ir s|iaHniiiu'-LMniiiids. is hrri'liv drilarrd In 1m' iinlawriil, and tlic Snii'lary nl' llir Trrasiirv in licrcliy aiitlinii/i-.l and diri'ili'd In I'slalilisli sin li lli';.'iilaliniis and sinMillain r as mny Im' i ssary tu insuri' tliat tins |iin|iiliiiinii is siriitly I'ldnrri'd ; and I'Viry in'runii wlm slmll lu' fmind '^^iiilty nf a viola- tinti nf till' prnvisimis nf lliis si'itimi sliall In' lined imt les.s than L'."''i dnlhus fur lai li day nf tlio CnnlillUaili e nf Sllell nll^trilelimi. See. "i. The I 'nniiiiissimier nf Kisli and Fisheries is lierchy enipiwiied ami diieited In iiistiluli' im iiivusti^atimi inin the liahits, alpiiiidaiiee, and disuilnilinn nf the salmnii nf Alaska, iis widl as tin present emiditiniis and iiiethnds nl the li.slieries, with a Mew nf leinmmemlin;; In t'nnj;re«s «iu|i iidditinnal le;,'islalinn as niuy lie iiert-s.-ary tn pieveiit the impaiinienl ni e\li,iiistinn nf Ihfse viilualilf tislierie.s, and idaeiii:; thein under re.L'ular and permanent emiditimis nf prndiKlinii. Appundii (A). tUtruit /rum tlir " Conjrt.-isujiuil h'cronl," \>*H'J. i-i. L'78y. Fl'lt-SKM, AMI SaLMDN FiSIIEHIKS. Ml!. lll'I'Jt finiii the ('niiiiiiiin II llie Men hant Marine and I'i.slievifs. reported hai'k with thi iiinelidlinnls nrdeicd li\ the llmise the lllll (II, K. iL'InJ) tn aliieiid seelimi lyO't 'if the lii'Visi-'l StatuU'i, and tn prnviile Inr the hetler pmiei tinn nf the fur-seal and saliunn lisheries nf Ala.ska iiiiil fer nther purpnses, whii h was laid nii the tahle for thu pre.SLiit, and the Itill and aini'lidiiieiit.s anil ll" aecniiipanyiii;,' IJepnrl ordered tn In- printed. Appt^iidix (Bt Xnti SKCTION r.l.'ri nf the Ili'vi.sed Statuti'S nf the I'nited States provides that no |i(Tsnn shiill, Wlthnlll till useiil nl the Sei'ietarv nf the 'riensin'v, kill anv nttir, mink, marten, sahle nr I'ur-neu I. IT iitlicr fiir-lH'ariii'.' iinimal within the liinit.s nl .ilaHka lerriti nr 111 the waters iherenf ; and thai aiiv per.smi emivii'leil nl a vii ilatmn of that el'llnl shall, Inr eaeli ofVeliev, In- lined iini less than LIMI dnllari i>r iiiori' than l.UHU dollars, ir lie impi'isom ll imt nmre than si\ nimiths, nr hnlh; and that all ves;|h:IiiI|.X (Cj. p;xilllin t'. \.:<\ 'if Vr^mOa .■'iMZ'>i| iiiidor urilfri !■( lln' 'I n-.c^nv l)i'|i;iiliiHnt Dltr. V.«.'l Srllnl. Spl '. ISKI J.lly I-. IHHII A..J. 1, •• Ut. •-'. Jul? 3. 1K«7 .. !». ,. 1». ^, ,. 1«. J .. U. ,, Aa(. «, „ .. C, .. «. ., ». .. ". J, .. IH, ,, .. 25. ,, ,. I.''. ,J Slit. 2. ,, Jun. 30, 1887 Kor (ioUliim „l Sr.licm UjB, K. S. — llaiit!iur);h 'flmtimr " A'lt It- " Aniirimn ■fh'Min'-f " **iiii I>i.*K'»" Uritltli »ctioniit-r " Thnrntiiri " ,, ,, *• ('untlrim " "<)li«-,r,l" ,t .. " Anna B«'k " ., ,. " Wni. 1'. Sajward "' " Dnlphln" Amctirsn ichoonrf " Lilly I>." Mritiith ^riiiMiniT *' (ir«rr" .. Amrricin kIiimihit " KUi-n".. ., .. " Aiinif " llrituh M-tiu*Mii-r "Alfrril Adjitui " Arm'riean Kh'Hmrr ■' Alplit" „ M " Kaif antl Ann** ,. ,, " Sail Ji>«' " ,. .. " AlliF 1. Alcar " nriti'h «c hnniir " Ada" AmtTirnn itfh'Mnicr '* SyKia Handy " Kor Tiolntion of Scdii.ti \<.<'\ B. S — Amf rioui ichrmnpf " Chttlrtii^ " Srifini{ \ rafrl. Ki'Vriiili; pi. all). T Dm. I llllt.i llillo Until lO'trUu' al<'4IIM-r ' Hilto Ditio Dillo llllrii llitui Ditto Ditto Ditto Ditto Ditto Rt'fi-nue utiatiiiT ' Ditto Ditto CofWlli Hu>li" llrar" (i. »il»|>«nl. ('.i|il.>iii M. A M.alr. . > a|ilaiii ('. A. Ahbry. . Ditto . Di'to. . Dill. I . ('ii|>UIII I.. . Ditto. . Ditto . Ditto . Ditto. . Dillo. . I Ditto. . ; Ditto. . Ditto. . I Ditto. . < Duo. ( MliLi Ditto Ditto III V,. A. Ilrali. lU-nrntlf ^tiitnfr " Hii*h' rifitniii I. G Mii'pard piill.' Ai.;v;ndix (IJ). Kitrart Jrum the Report of thf (litvrrnitr of Ahid--mih' limit, ainl in 1 i.iisi-iinrni'r ihiTf is a will-^'nuiniii-il a|i|iii'hfiisiiin that ncxi siiiiinnr llohrinii's Sfa will .swaiin with .si.'alini'-vf.iail.s Iriiiii Uritish Cnliinihia ami 0111 own |ii)rts, iinil unless imM.siirfs aro takuii to .sloji thoni nt tht* thrtislmlil, inrakulaijli! ilanmi.'i' i.s likoly to \*> ilone to tlio riiiikiTies. TliH vimvs I t'nti'rtain fimirniin^' what f hflit'vt' to hi' thf luul imlicy of li'iisinL' thf islamis, do not hhiiil iiic to thf fai't that lifrf is a m i.st valiialilf iiitfrfst. whirh it is thf duty of ihf (loVfriinifnt to [iri'lci't hy fVfry lfi.'.tl iiifans in its jiowfr; it nialtfis not wliflluT ihf luisfiil sysliiii hf fnntiniifd. or whL'thtT Kiiiiif other and If^s ohji'itiiiiialilf jilun of dfiiliii;.' with it he ai|o|itfd. In MfW of thf cxistiin; imim'ssinii and Ihf jn'ohahility of a ininh nmrf ih tfrmiiifd and ilfstriiftivf raid luiii;.' made a.^'ainst thf .sfals iif xt .sniniinT than was ivit liffm-f allfni|itfd. it is Vfry df'irahlf thai till- |H.li, V .iiid ilftfrininalion ol the t'lovemmfnt in Ihf niattfr of ilnir prolfitiuii should he spffdily Mv\ liiiallv auuuuucud. Appcuilix (K>. I'rrniilcnl tlarrmm's I'roddmnliim it;/ain.it unlnw/ul Iliintinii nn Alaska. r>T till! l'ri.'3idfiit nf iho Unilcil Stixti'S of Americii: A Proclamtilion. Till', fiilhiwiii',' provi.smns of thf laws of thf I'nittd Males are hfieby piihlisln'tl for tlio inforiiia- iiiiiiiif ,ill cnnifnifil: — Sfiiiiiii I'.i.'ii'i Itcvisfd Stalntcs. iliaplfr .i, titlf L', cnai l,- that : ■ Nil iM'rsoii shall kill any ottfr, mink, iiiartfii, sahlf. or Itir-spiil. or othfr fiir-hcaiinj; animal, «itliiii thf limits of Ala-ka 'IVriilory, or in thf watfis thfifof; and fVfry )ifi-.siin '.'iiilty ihfrfof shidl tiTiaih (illfiiif he Hi.fd not If.s.s than "JHO nor moiv ihaii 1,0(10 dollars, or iinprisoiifil nut ninif than 'u iniiiilhs, or hoth ; ami all Vesstds, tlit'ir tafklf, npparfl, fiirnitnif, and faij.'o, fuiind (ini;affd in viiiliiiinn iif this si'flion .shall he furh'itfd ; hut thf Sfcrftary of Ihf T'liMsury .shall have power tli>lir>l jiir niu' niuiilli at Ica.ii in uni' nL'W.s|ia|ii'r iif any siirii tliiri' In) |iiili|i>lii'i| m cuih IJiiitoil M.ilrV ii.iil iif I'lilry 1)11 llii' rarilir (nasi, Winning' all iuMvnni ii^'iiiiiMt I'lMfiiii;^ llic waliin liir tin- pui|iii.sc 111 \iiilalinL; l!i<' |iiii\i-iiiiis nl' saiil m'i timi ; iiml lir sliall alsn i iiiisc mii' nr iiinir Vi'.isrls nf il|p rmleil Slati'M In (lilij;rnlly iriiizi' llii' saiil v.alcis ami amsl .ill |nT'-iini ami 'I'izi' nil vit-ils lininil i.i lie, (ir 111 liavi' Ik'i'ii, iiiiia;,'i'i| in any vinlnlinn nf llii' law-, nf llic I'nitiil .'^latcs llurcin." Niiu', tlii'ivl'nri', I, i'li'iiianilii lliirTi-^nn, I'lr^iili iil nf tin- 1 nitnl Stati"', |iinsiiaiil In tin' uIkim-- rccitfil SUitiili'n, lii'it'liy warn all inr.iniis ai.'ainsl iiiliTiii^; llic watciH nf Iti'liiiii^'s Sra williiii i|ii. iliiniininii nf llii' I'niliii Stniis fm llir |iiii|Hisr nf vinlaliii;: till' |ir(i\ i-^iniis nf saiil .-rrtinii I'.i.MJ lli'Vifeij Statiitrs , .mil I lii'ii'liy jiini'laini Ih.tl all ihtmius fniinii tn In-, nr lo liavr Iutii, rn;,'a;,'i'i| in any vinlatmu nf tli»' law- nf till rniliil .'^lalrs in sii.l walris will lu' arii'Stcil anil lainisliril .is .ili(i\i. |iinviili'i|, aii'l tlial all \i',->i'l,-i Ml (;iii|ilnyt'il, lln-ii I; rklc, a|p|Mirl, fiiriiiliirr, ami rai.;ni"<. « iIIIk' ~l^\/^■^ ami fniii'iii-il. In t(>lininny wlidvuf I liavr In'iciinln ,'.i't niy liainl and rauM'd tlic "lal nf tin' I'mtcil SluU'n tn l» uHixi'J. Iiniii' III till' (.'iiy nf \Va,iliiii;;lnn. tins I'lsl day (if Miireli, ISH'J, and (if llic liiil<'|ii'ii(l«nit' df the United .Stati'ii lliu I13tli. ily tliu I'rt-sidi'iit, (Sij-ui'd) HEN J AM IN IIAHIil.sOX (.Sijjucd) JAMr,S (i. I'.LU.NK, Smrlni'i/ nf Intuit. Apprndix (Kj. E.i'lfu^l fruni llfport of dun m itlic uii Unrinf nml FiJn rii.', /i 12, IT liavin^' livt'li claiincil liv tin! Cnnadiuii nutliiirilii'H in ilicir luicl iilatiii); tn tlio fu'i/iire of fan I hall \i-i-ii'l-i in lliliiiii;^'s Sia Ijy cmr lluvcnni' iiillcrs, tlinl cv-.S rici.ny I'liiiilwi'll had dciailcil tli.it till' rmtril Siairs liiid 1111 jiirisilii linn iivii r.iliiiiiMs .Siii niii>ii|i. nf llic :l-niilr limit, llir atti'iilimi nf .Ml. r.nillwi'll wa-; lalliil tn tlic liiattiT liy llniiniiialiK' W. W. Katun, l.ito l.'liailinali (if tile ¥"Wf\i Affaiis l.'oiiiniittee, I'liitnl State"' Senate, In wliicli Mr. I'linlHrll inadc the lollnwinn reply: — " Sir, " U',iJiii,f/l,„i, Jitiiiiiiri/ 18. 1S88, " Simu till' le''ei|it nf ymir letter nf llie lljtii lli.-ilalU, I have exanillied with laie the li'tlcr aildru-i-ed tn me a-i Seeretaiy nf tl e Tiea.'iiiiy hy 'J', ti. I'lieliw, l')*!., then ('nlleetnr nf ('nstnin.'i nt the I'lill nf .San ]''i'iiiieisen, ilaled the J.Jtli Maicli, ISTJ, and al-iu my nlhi i.il i«iily theretn, dated the Ifitb Apiil, IXl'J. in iilatinii tn the piirpnse 111 leilain pMitie-i tn lapliiic fin-seals nii their aniiiiid tiii'.Tiilioi; tn th.e Isliimls nf St. i'aiil ami St. ( ieni;;e, tliimiuli the I tniiiiak I'a.s.-*, and lliriiiiL;li the iieijilihiiiirin'.' aiipioarlii'S In the islands. I'pnii the exaliiiii.ilinii nf the enne.spnndem'e, liiy leinlleetinn is in a ili'^'rif n.'fr ii-il, and my kiinuledi^e nl the liiviimstam-e.s njvived. "The Iniirlh seiiteiiee nf Ml. riiiljis' litter ajipears In )iiiicei,d il|ii>li the idea that it was tlif piir|Kisi! nf the hiintels, as their pillpnse was then iimli istnnd iiy hilii.tn lake the si.ils iipnii the I'ai'ilit • •ceiiii .-ide. nl the Ail iillaii liiiiL;!' nf i,..laiii|s, and near the passes lie iitininil, and tliroii;,di H liiih tlif uniinals were deslined tn iiinve, and sinli was the view taken hy nie nii whii h my reply was^iasisl. " Xnr i-ali 1 liiiw see that there is yinund fnr any other reasmialile i niiatrucliuli iif tin: i "m- siiondeme. "Mr, I'helps appears In lia\e appielieiided a diverHinii nf .seals frnni the Otiiiiiak I'ass ami Ibf Larrnw snails near that luiss, and his Mi,;:;;estiiin nf a remedy was liniiteit In the same Held. Therefiiri'. Ill ither iijinn my leinllei.linn nf hiels as they were iimlerstnnd hy me in IKT'J, imr ii]ion the pri'sint reading nf the eoirespniidenei', dn 1 admit the ehiilii nl (Ireat lliilain that my letter is an adniissinii "f any ri^ilit adverse tn the claims nf the riiited Slates in the waters kimwii a-^ I'lchrinn'a Sea, M.f leltcr had ri'h'ieiiie snlely In the waters nf the raeilie Ocean, .sniilh nf the Aleiilian Islands. ■' Very respectfully, (Si^'iied) "C.Kiiiir.i: S lioiTWELl. Hnn. W W Katnll, W.lshilintoU, IJ.C." Ajipcndix ('(J). Erlrail Irnm " I'ltinrx rtl'itin'j In llflirmj'.^ Sr/t /iWiccii'.s," W'tisliiiii/li'ii llmrrnirtrul I'l'inlunj Ofii', 18S' r.\itT V. TllK fdlhnviiiL' f'nih's|Mimlence shnw.s the pn.sitinii assumed in l.'^Tl' hy the Tiea.sury Deparliuout >'■■ relatinn In the extent nf jiirisdiitinn nf the riiitcd .Slates in .\laskan waters: — "Mi: J'Jiiljix lu Mr. JijiilirJl. " CKiltim' l/iiii.ii\ Siiii Frnnriiico, ('allirlor'n Oficf, "Sir, " M,irrli L'.'i, IHTL'. " I dc'iii it |iinper to rail iho allenlinn nf the Itcparlinenl In rertain riininiirs which appear tn I' will .iiilhi iilicaled Uie siilislaiicc nf which ap|ii!ars in the iirinlcd slip l.ikcu fnnii tlic ' I'li:'.' (,'liliinich; ' nf this dale. Iiercwilli iin.lnscd. •.'73 loti FmliiTic* Id llll' ul«'Vi- \1"1,\U"« ■ pKiviilrii, .lll'l i,.i r..i(,.|i.-.i, .id Stat<'> In 1* tuliiluDcu Ijf Ul« " III !i(Mitioii (o tliu HiviTdl «iliijiiio< in f \r\, yciii, llii: fiir-'iiiil, in lln'ir iiiijjnilioD .III! ilic Hniillnv.iicl to St. I'niil iiinl St. tlcoi;.'!' liliiiiiN, iiiiiloiiiily iiiovr tliriniL'li iiniiiiak I'iiss in l;irf^o ii1n'I<, anil iil«o tliriiiij;li tin' iiininw hlniils immi- iImi |l;l-^ wliirli vi'|iiiialc' s.viTal .small isliinili (roio Al' lllil" (.Tollll. ■The iiliji'd of llifii- .sc'Vilal cXprilitiniiM is iMii|iii-lioiii|li|y to iiililti-alH lit these ii:ii|o»' |i,is.'ia;,'i's iliiiini,' ihi' |i<'iioi| Ml«<\r niriilioni'il, aihl tlii'ic. I>y nniiiiH ot >.iiiiil| lioali niaiini'il lij ntiiiiiiiN ill the waliT, al'lor -l>ilful 1 11' I ia in or AI(Miliiiii hiinli'1'1, make iiicli-iiiininiiti> slain,'liliT of t till' niaiincr c f liiinlili'' srii-oltiT". •T in I'Vll to lie ii|i|.|i' Mirli |iro. I iiliiij.'~ is nm so inni'h in rc-tport of tl ii'siilting Hi'lil till' ili'slnirtioli of the sraN m those ]>|a<'i's iillhoii^h the killiil'.' of eai h leiiiale i.4 in clVei t the ili-lriKlioii of t»oseal.s\ lint Ih" ilaii'.^ei- lii"4 in iliviilino ll animals from their a''i'iI i oiirKt* the l.slanils of St. I'lllll anil St, I o'Ollie, llleil olilv hlllinls in the I'lliteil Slate It H lH'lii'\i'il liv Uiiise who ha\e liiaile tl eilliar iiatnie iiiiil hahils of llii e~e aiiinialH a tli.il I f thev all' l>v any iiieaiit seriously iliverleil lioin tin study .fi|| p|.i~ei'lllion of lie- ,ilio\.' nenliolli'ii -i|iell|e> 'MillM lia\i' the elli'i'l lo drivi Ironi llieir aei nslonii'il eiiii|..i' II III he no dolllit. ( 'iltlsiil theiidoleiiloiie the ilalioel vlii' h i« ere ijilelllelli'il to the interest of the ( ioM'nilllent ill the ~eill li-llel i llle jal'.;!' .Illllllal ii'M'iiile derived flolii the saliie. I have the jioii'iiir to si|i^'.'es| , for the eoiisideialion of ihi' lloiioiiialile Siirel.irv ot the 'I'leasiirv the i|iiestioii whetlipi the Ail of the 1st .Inly, lS7ii. lelatiii'.' In those llsliiTies. does l|"t alllliolize his inli'lh li'lire l.\ niellll- of li'eVelllii' elllli'l s to previlll f'lli'iu'lli'rs alld oilers lioiii doill'.; sileli an illeparalde niisihiif to thi> Valnalih' inleiesi. Shoiihl llie llolioiir'.ilde ■^i- nhiry deem it expi'dielit to send a eiiltel into liiesr walois, I would |esper,fii|lv siiy.'e.sl that ll j|i';ini I iiller Would he alile to render the iiio.st ellii lent .serviee, and llial it sjioiilil hr in ihe le'.'ion ot Oiiiiiiiik Tass and St. I'aiil iiinl SI. I.ii'oli!"' Isliinds hy the l."itli of ne\l May. ' I mil, vei'v respcetfiilly, (Sijined ■]•. r, I'ilKirs, (.'nlhrtnr.' K.ilt'ttit fnun Sun Ff'Oi Piiih/ nrim!r/r" }t"r.l, I'l : ^7 ll IS statei I'liiiM' e I'oiiiiiiereial li riles tlint parlies in .\iisiii'|i,i lireoaiiii;; lo lit out an iMU'lilioii hir llie eapiiiiT of ftir-.seal.s in liehiiiijj's .Sia. The present lii;,'li piiees of fni-seal furs in l,eii'l"n aii'i the Kili-opi'an Inarkefs has ael,d piHeifiilly ill siinmlal ill'.' enlerprises of a like ehaiaeter. I'.iit a !■'« days a^ii we iiieiilioned lli.it a Vi'loiian I 'oiiipanv was oi-._rani;reil for caUhiii',' fur-seals in the N'Tlli I'a.'ilie. .Xnolhi'r parly — an a'.'eiil lepiesi'iil in;: some K.i-steiii eapitalists — has lieeii in this eity l"i the past wi'ik niakiie,' iiujiiiiie^ as lo tin' I'ea ihility of oi\>aiiiziiiu' an expedition f"r like pii'poses." ; S lioirWELl. niiiiij Ofrr, 188" |iiy llepartmi'uli" Colkflor'f. Ofitr Voiir letter of the li.'ih nit Vi: Ilmittnll I: Mr. }'h,li,i " 7V"is»/'.// Jkparttiifiit. t\''(iihiii;ilvn. J). C, Ajiril 19, 1S72. nil" ".i> iliilv rei't'iveil, ea lliii^' the attention of the Department to ' lo start from Australia 'I'llain ninioiirs eiienlaliii'.; in San l-'r.iin iseo to the elleit that e\])edilioiis ar :iii'l llie Hawaiian Islands to take fnr-seals on their annual nii.L'ration to thu Islands of St. Paul iii'l St. (leor;.'e l|iroii;;li the narrow pass of ( tiiiniiik. Von recoiniiieiid — to eiit olV the pos-iliility of '•m1 result iiii; to the inleiesls of the I'liited Slates from these evpeilitioiis — that a lievoune eiilfor 1"' -.111 to the reu'lon of (Iniinak I'ass hv the \fnU Mav next. A verv full eonvei.salii'ii wa.s had with (.'aptain liryaiit ii| this snlijeet while he Was at the nipartnieiil, and he eoneeiveil it to he entirely iin|iiaelii'alili! to make siieh an expe liii.ni a payiie^ i 1 h as the seal.i ij 1 siiioly or III I id 11"! dr aii.l hii^'e ie''iiiii of water in their li'iiiiewiiid travel In these inlands, and he liid liol seem jo f'.n thai iIm' s,.als woulil \«- .liiven from their aoiiiiti lined resorts, eve. i were sneli altempts made tho ' In aildilioii. I do imt that the lulled Slates wciiild have the Jiili aliel isiiieiion or to dr parties •^'mv^ up then! for that |mriiose. unless they iiiiide siieli alleinpt within a marim,' leaouu of .slimo. " As at present advised. I do not think it exiiedieiit to cany out your stiii^estions. hut 1 will tlmiik V'ui to loinmiinirate to the Uepartmeiil aiiv further faets or iiiforni.ilioii vou niav lit- alili; to ^rather iipnii I he Buhjeet. I am, Very lespeetfnllv fSi',;iie (;i;iii,'i;v: S. HorTwii.i,. .''(■cre^ a ry. No. 202. Colonial Ojfirr la Fniriijn Offiro. — {UfCfiii'il .Unjust ■'?.) Sir, ninnuiuj Slrcrl, Aiuju^t 3, 18S.). i AM directed by Lord Ktiiit.srnni tn tiatisnit to you, to In- laid bcroic tiio .Miir 1 -.vi WniiJercr 16 .! 1 ir, Alert ;io .■1 .^■J Winifrcit ^nip oyijin 13 canoi'S. \r, 3 1:2 1 2C0 27 180 It will be obsei'veil that dt the.-i' ve>sel!i a number were, in ISbG and l^■^", sci/ed h\ the United .Stales' {ioveriinient in litluir.i;'.. Sea, and lorm the subject of tiie eh.inis iiou being |)iesscd. In the season of 1^81 between Ki.OOU and 14,000 skins, wortii from I ;jO,000 dollars to 18(1,1100 dollar.'^, were obtained bv tlie following British vessels : — V( ."-SfN. Toiina'"'. Sailu' UtinttT.: .\iina Ik'ck ,. Tli'Mntim Tiiun.ph ,, Winif'.iil Onwaid PInck Diamond Juanita ,. I'avdritf .Maiy Kllin . . Kale l')iii|ilo_vinj; 1 Iii catiiifH. 35 18 i:. .'i'l «o 80 HO O.j ar, •18a Hi aj ■2i 12 V2 !i2 aii an .-Hi 41 •J 4 ■2'J2 In the next season the catch was valued at 177,000 dollars and the I'oDowing vessels were engaged in this pu'suit : — V(-srls (trace Oulpliln .liiiinilii •. \V. P. Say«ar(l l-'avoritc >Inry Kllen . . Kale Onwart' lllark DlainiMid Winifieil Ainia Iti'i'k . . 'i'liiaiili Alliid Ailains Kmploying 200 cnnocs lluntera. 277 And ill \l^^''i tin follnwiiji; vc—cls IVom I^rilisli Coliiinlmi |)iii>U('il iliis iiiiliisii\ Vr>.cl» Timiiiiir, Siiliin Hum. W. 1'. Sny«;iicl Kiimiili' ,, Marv Kllcii . . Kale' ( lltwaul I'.la.K DiiJIJinrid Winilrcil '1 lii'iiitiiri AHVid Ailaiii- Aii'in Keck . . 7.> 1 t'i'J ■;; •l-J .■i.-i 1 1 •JK Sll 1 ,"('* 1.-. ■J VJ r,.'j 1 •js 1 :y2 M 1 ;;■_» .)05 10 •J 'J (J I-'.inpliijlM); 1 18 oaiKus I'liflv and ill till' absence dI' inoie definite infnnniition at this iiioinciU avai luhic ill tiu' coiiliiuinl |)iii>iiit of tile^(• seals, it was after tliis that tur-MaU were systematically iiiLMit III the 15eli Sea, as well as in the North Piieilic Ocean hv Hiilish scnlcrs, (or it I'diiiiil that in \8s\ Daniel and Alexander McLean, hoth Hi'iti^-h snhieet'^, took the 1- Aiiiciican schooner I)i< (o 1'. hnni; > Sea, and that thev were siie( -.I'ul 111 the III li~lii'iy. On their ritiiin they iiiiichafed ijie I rili>li >eives that attention is (hawii in tin !cltt r Iro ii ihe !''oreii;ii Ddice, now unikT consideration, to the stateiiient of .Mr. Jiayaid in a letter adilressed to III! .Majesty's .Minister at \N'a>liin-,ion on the 12tli April, |!-'>'7. in which tiic loMowin^ |iii»iii.'e occurs : The Laws of the I'liited Stall Idice hir ii]iwards of scvc-ntceii years, and, prior to the seizure of hist :iilatiii<; the lm'z\ e inliaclioii is known to have oceiiritil and ih.t was |iro:i,|iliy |)iini-.li' it." In tl ii> coniitctiiiii ii is iiii|iiiriant to note that the (ioviriior of .-\i s ka III III his W ■It, date the 1st Oetoher. .lS,-i(i in in l^'^T, reniirded tlu' cantiire ol oni Aiiienean and three llritish sehooiiers a|i|iarcntly as the tir>t ovcit act on the |iait of tfe Unitid States' Governinent to assert the claim lor exchi'-ive jurisilietion over the waters of BciiriiiK's Sea north of the Aleutian Islands. ICxtiacIs from these tv H c|i;irts, hereto appi nded, indiciile n^ 'iVi th u|iiiiion of the (Jovcrnor, an indiserih.inate slani;hter of seaU had hcen pre\i(in-ly carried ull in these waters. Ill the voluminous cone-poiuh lue loiiciiiiiL' llii' acijiiisitioii liy the Tnitcd .'stales piihlishcd in tie Kxeciitivi' deeiiineiit-i of ('oic^rcss from li'JS d (M)\eriinier,t ol ,\liiska lulUll til the time ol the sei/ines in ([iiislicn, the Miidsler, alter a carehil examination, ha', heen iiiiiihlc to find, ill the various iiistruttioiis yi\eii from time to time to C'omiiiaiideis of the lUvenue Service, or of ships of war of the United States trui/.inz in Hehrina's Sea, iiigani/.iiif!; a Coveriiinent in Alaska :micI miardini; the irterests of Ihe Ala-ka Com i cieial C'i)iiipany upon the islands leaded to llic Co iipaiiy, any si!i:u:estion of the intention of that (ioveriimeiit lo as^^'.■rt a claim which it hal so vi hemeiilly rljspnlul wlieii aitvanceit The Minister, on the eontrai v, li,:s ohserved th.it while ve-sels lioni liritish ivii>~ia. I'ohiiiihia iind elsewhere were Iradini; and fi-liii iiistnietioiis ,'1 liitiiiir to ti.e (i^hciies uivcii .ii'iicrallv in th. to l< eV( line ii,.illlle slilp- ISelii )V the I'liit Sei. the ed Slates' Cjoveiiunelit until IS'^'I were coiitiiieil to the iiroleclioii of the Se.il LLnuU iioiii i whe Were in the iiahit of l.indiiii; thcicoii. it is to he noted that tli e seizmcs ol lirit ni.ramlers ish scaler? Ill tl ■en lo!l. Ivi I Dit on the ciu!/.e ol the Keveliiie niaiine steamer '( orwiii " ill llie \ear III this II ill cport it IS iimonn; other thniL's stated that a s| spedul look-ont w U',«>(ls seiihng wln'ii sha])in;,' a (•oiiisc hir St. I'l T'l Cietiii inn III Ills \U pert the ■pt lor 'Aliile we were in the vicinity of the Seal Islands a look-out was kepi at the niasl-lieud NS 278 for vessels cnii?.inL', scaling, or illicitiv trndinj? among tliosc islands." Having drawn ntti'ii'ioii t'i the mi'iihcr ->l vessels wiiieii suuijlit the seals on the islands, and having illusdaled the ureiit (iitJiciilty of preventing tiie so-eailed "'piracy" thereupon, the Commander i onclinles as follows : — "111 view ol the forcirdiiiar faets, 1 would respectfully sufji?cst — "(1.1 That the l)i piiitminf cause to he printed in the Western Papers, particnlarjv those of San Fiancisco. ('aliliirni;i, and \'ietoria, Mritish Cohnnhia, the sections of the Lnw relating,' to the killing' "f I'm-liearinu' animals in Alaskan waters, and delinin^ in s|)ecific terms what U meant hy Alaskan waters. " (2.) 'I'hat a Hevenur-cutter he sent to cruize in the vicinity of I'ribylotf Islands and Ale\itian t^ronp duriiii; the scaling' season." \\'!iilc the lii>l sug'jestion has never hcen adopted, no notice nor Act havini; vet defined what is meant hy Alaskan waters, it seems to he clear that, in accordance with this Report and other similar representations, the United States' (iovernment sent Revenue- cutters in ]8.S() with instructions for the first time to take scalinj^-vesseLs found anywhere in the fireat ocean called the Behrinu;'s Sea. Aceordin^lv Mr. (ieorjre K. Tingle, Special Ai;cnt of the Treasurv Department, reports from St. Paid Island, Alaska, 31st July. 1880, to the Honourable C. S. Kairchild, Acting Secretary of Treasury, WashiiiL'ton, District of Columbia, that the Revenuc-ciitters were then encacjed in keepini,' marauders from landing on the Seal Islands, and that the Captain of the Krvenue-cutttr "('orwin,'' on the 2flth .Fuly had re|)ortcd having .seized the schooner ''San Diego,'' which vessel he calls an "old offender." He goes on to say: "This comineneemi nt of captures will do nuieli towards breaking up the marauding business rdiout the islands this season; iniieed, the 'Corwin's' presence here has undoubtedly kept olf cpiite a fleet of schooners and destroyed their uidawful business hercabonts. AVith the cutter ' Bear ' to remain until fall, after coming out of the Arctic, seal life will he proteeted from jiiratcs this season. It is the only means by which good can be accomplished in that direction. I do earnestly hope the Department will see the necessity of keeping a cutter around the fur-seal islands every season from the 1st .luly to the 1st Xovend)er." From the extract in Mr. Bayard's Utter it appears that he was under the itnprcssion that prior to the seizures of 1S8(! but a simile infraction of the United Stales' Liiv regulating fur-seals as construed by the Commanders of the Kevenut-vessels which niadt these seizures, had occurred. The parlieidars alre.idy referred to by the .Mmister of Minine and Kisberics fully niccf Mr. Bayard's assertion, whether he refers to the vi(dation of the Statute inside of the 3-inile limit or upon the waters of the sea at large. Attention miiy be dincted to the Report of Mr. (Jeorgc Davidson, .Assistant United States' Survey on board the Uniti'd States' llinenuc-stenmer "' Lincoln," to Professor Benjamin Pierce, Superintendent United .Stati's' Coast Survey, Washington, District of Columbia, in IS'iT, wherein he say-, when touciiing upon the lisheriesof the Behring'sSca; "Two or three sm.dl schooners sailed from Victoria and made small catches." And iigiiin, " In addition to the ali'eady acknowledged success of the cod fisheries from San Friuieiscu and \'ictoria and our own experience, I add that of CB|)tain Bryarit, formerly a whaler in the North Pacific, and now an inlliieiitial member of the Massachusetts LegislatUR-. quoti : from your notes of the li'ith May. Beliring's Sea is a mighty reservoir of cod aiul halibut, so that he iiever threw over his lines without bringing up fish in whatever part of the sea he miglit happen." It is admitteil tliat .Mr. Davidson is not dealing with the fur-seal fisheries to wliicli Mr. Bayaril specitii'ally leleis, yet the extracts from this Report ajipcar to the Minister to be important, tomhiMg tlii' :ieneral (piestion of inair cldununi, bearing testimony as they do to the undisputed enjoyment of tht' lisheries in general in the Beliring's Sea by vessels from British Columiiia long ago. The Minister desires to avail hiirself of this opportunity to direct attention to recent criticisms of one ol' the most influential and iiulependent organs of public opinion in thr United States upon the po-^ition taken by the (iovernment of that country as |•cgarl]^ Beliring's Sen. I he ,Miiii~ter ap|iends hi rewith a paper upon the " l''ur-se:d Fisheries of the Pacific Coast mid .Ma-ka." recently |)repar(Ml and pul)li>lied in Sail l'''iaiiciseo, and designed to explain, more pi\iti(.'ularly to ivisteni United Slate-' Seiiatois and Congressmen, the value of the liir-seid ti'lbeiies, whicdi eoiitaiiis iiiucli valuable information not adverse ti) tlu' contention of the Canadian (Government. The Committee, concurring in the foregoing Report of the .Minister of Marine BiiJ Fisheries, recommend that your lv\eellcncy be moved to forward a copy of this Minute to bvlort' Islands 279 the Rig''t Honourable the Principal Secretary of State for the Colonies, for the inforiiia- tiuii (it the Foreign OfUcc, and that a copy thereof hi' s-eiit to the Ilif;h (,'oniini.ssioncr. All which is rc8])cctfully submitted (or vour Kxccilenrv's approval. (Signed) JOHN J. .M((;KI':. ('Ink, Privy Council. Appendix No. 1. EAniil fnnn the Hrjwrl of Iht (tm-fninr nf Alc^hu fur the Fiacal Year 188G. Prulfctinn of Fur-Sial and Sift Otter, faijc 48. AS llicsc seizures Imvo iimst prolialily raised nil intuiiiatidiial (lue^tidii involving; tlie ii;i]it of the I'liili'il Slate* til exclii'^ive jiiii->(lirtjiiii dver tlie walcTs uf tlie lleliriiii;'H Sua lidllh nC llu; Aleutian Nl.iiiiN. aiel east (.r the 10:lril iiicriiliaii, wc'M InML'iliHle. it may iml lie uiiliecninini: in me tn siijiu'est tlial unless that rii.'lit is iiisisleil ii]ioii ami maiiilaim d, an iinluslry uliii Ii imw yiiMs a revenue eipial til a fair late iif interest on the ammilit Jiaid tin the wli.ile nf Alaska will not only lie ilestloyel, lilit till' naaiis of liveliliiioil will likewise he taken away frnin a larye niimlier of junple whom the Ciovern- iiieMt is liiiuiiil liy I'veiy eonsiileratioii of liunoui- ami piililie imliey to ]ii'oteet. I ran emireive of no other I'lan liy whicli the seal tl.-lieiies can he ]iieserved than the one loiii; au'D adopted and now in vou'iie, whellier they i.iij.'lii not now to lie yieldiii;^ a very lar.Lje revenue to the (iovenmient is a ipiestion tn III' ili-icusseil a year or two hence. It is reasimaliiy eeilain, however, that unless our (Jovcrnment a<-iiit^ .nnd maintains the jiirisdietioii ceded to it hy Ijiissia, ihe Seal Islands will in a very few years lie lol.liid of all ]ii'esent or pios|ieetive value to any one. It is just as essential to the presei'vation of llii< iihhi-tiy that the seals lie pioteeled au'ainsl indisrriminate slau^jhter while on their way to and fpiia tlair liieedinj; |ilaei-s, as that the numlier to lie taken on the islands should he limited, and every 111(1 --.irv restriction inipnsed as to nge, bcx, and the mode of killing. • ••••• I'liliss our right to sudi jurisdiction he waived or almiidoiied, seals once in liehring's Sea are a'. nituli till' iii'operty of the I'nited Stales as the islands tlieni.'^elves, and should he no less zealously •.'i;ardid tlian are the Newfoundland cod hanks liy the Jioiiiinioii of Canada. I'nie.ss .sn guarded iliaitiied lights will iml only lie impaired, luit a .source of large and perpetual reviime to tln' tlovein- luiiit utterly destroyed. Appendix No. 2. Kitrad from tht I2rporl of the Gotrnior if Almlo for the Fiscal Year 18t<7. Protection of Fur-Seal. IN' connection with these seizures, from whii h it seems to mo no other inferenoo can ho drawn than that our •iovernment is determined to assert and maintain the right of cni lusive jurisdielinn over all lliat |iiirtioii of lieliring's Sea ceded tn it liy IJiissia, I can only reiterate that part ol'niy last Annual Ucl'iirl ill which I essayed, rather feel.ly I fear, not only to show the necessity nf such a jioliiy to the |ircser\atiiiii of the sea-fur industry, lait the wrung its aliandnnmenl wnuld iiillicl u|iiin the very cdiisideralihi iiuiiilier of native people who wholly m in large part ile|iend upon it lor a livelihood, and will. ill. it a]ipears to me, it is the duty of the (ioverniiienl to prntect. Ill view of llie fact that the seizure of these ve>.sel,i and their forfeiture has raised an iiiteriialinnal iliii'siiiin of grave impiirtance, I have thouglit it prii|iir In include with this Pepoil a cujiy of the lirief aiiliiiUtled liy the <,liieeii's t'liiinscl in the ease of the il'tish schoiniers, togellier with tlii' argumiiil i ! tlie I'liilid Stales' Attorney and the o|iiiiiiin of the I'ourt. Ilonouralde A. K. I lelaiiey, ('ollectnr nf (.'astiiius, having lieeii designated as s]iecial Counsel on account of the illlii'ss and siili-ei|iieiit diatli of t'liiiicl .\I. |i. I'.all, I'nited St.ites' liistrict Attorney, represented the (iovernment, and made what 1 ttiiiik will lie generally conceded a most alile and forcihle, if not wholly iiiiaiisweralile, aigiinienl. (See Appeiulix V.) s of the I'aiitif Appendix No. 3. Heport of the Cruize of the liennue Marine Sleamcr " Coiu-iii " in the Ymr ISSri. (Ex. Hoc. No. 15;l, 'pith Congress, 1st Session, |ip. 17 and 18.) l>ri!lN(! the year tpiite a numlier of ves.sels have raided .Maskaii waters for seals and nlher tiir- lieiiiing animals. Aiiiong the numlier the fnljowing, witii their catehes. are imled :-- " biok-out," 1,1 no seals ; " .Mary .'ii." L",:tll',l .seals; " Paviiiirite," L',lll'i."i seals ; " .Sail lliego," l.Tl'.", awils; "Sierra," l,:il:i .seals; " Vio. .eriiill,' ahout 1,111111 .seals, " lleiiiiitia," aliout 1,1'U(I seals; " All xaiider," liiiO deals and lUT sea-olteis; "diter," a few seals and alioiil lifly oi si.My siM-niiers ; •illi the " Adele " auU other vosauls yet to hear I'roi'i. 280 "Tims it will lie ini'ii llint ii]i\vmi1s of ti'ii vosscIm wore oiifingcil in iiiilnwfiil si'iiliiii; in Aliiskan Wiit('i"» iliirinLr tin- pti~cnl yoni-. ;iiiil I am roiivinccil lliat iii'Xt yciir llie imiiil'cr will lie roiisidcnlilv iiii'i'ca-ii'il. " Humours aiv cuMi.'iit lirir tlial iIh' Aniciii an CiPii-iiil al Vicloria lias infnii I dillcivni ]«,,|,|, tlint tlicv ar(' not ]ii( liiliitnl l>v law IVnni scalinj; in Alaskan or ullii'r wmIim>, iirnv IiIimI iIh-v krr|i ninic than ."• Icai,Mios IVoiii iIim sIioh'. Kninniai;i'il liy iliis dcri'tioii ami tlic suiri'ss of tin' maniuiliu'j siNiKr- duiiii',' tlic |iri'sonl vcai', |iaitii'< in Virioiia aic lilting' out vi-seid-! (two or tliri'c licinn; sIcam-scliiiiiMci* to ('nuML.'!' in till' liusinrx noM ycai- Not onlv aic seal- killi^d out of si'ason, lait llioy aic shot in llii- Water, and voUM'.^ and old, mali' and frmalf, killed indiseriininatidy, all in ilirec-i violaliipii of Siiiiun* I'.K'iti and \'M'i\. I.'evi-d Slatnles, and all lenilin','. it alliivM d lo eoniiniie. lo drive tin' ^eal- lioni ilni; ri'i;ular liaiinl-^." Apiiendix Xo. 4, /l''n-./w..„'v ■■ y./'e /.. .1l„d,i" ,,/>. Ilii I'liil 117 n'ul.li-hed al !;..-|Mn and New V..ik in MHl i Sl'.A llTri'.K ISl.AN 1 1, i\ ini.'al"pul '■ mile- ^nnlhwardly IVom Si. Tanl's. i-; another landine-place f.ir the liir-seal, Iml only t" a limited e\leiii. ( Iwinu to thi' fact that it is ni>l iicrmancnlly inli.dijteil.sciiiir ni.iranilers were in ll..- halal ot landinir "\\ the o|i]iosite side, wlieie they c-ouM in.t he ^een Inmi St. I'anls. and killiu'.; whatever .seal they muld lind, withoal reearil lo sex, a^'c. or loiidilion. Tin- Coni|iany reported lln'se laets to the S'tii-lary ot the 'I'rea.stMA. »ho ih'ciduil that the iiileutioii of tin' Aet under whieh the lea.M' was anthori/ed a|'|'eared to Im' to oive all the islaiuls ot the i:roii|i to llii- lessees fm the re'.oilal ion of till' traltir- ami |ireservalioii of the liir-seal. Tlieii. as the ('om|.any ' ould ii»! deli'Md Sea < (Iter l-lalid. the I oiVeriimiMi! was asked to i|o sn, and now (he praitiee is to Iciv f a h'ewiinr iniU'im- unard iheri' durinu' the sealiu'.' sea.son. .\|i|'enc|i\ Nil ."i. K.ilniil fiviii //'.lis, K.niilin tl;,^n„'-„ls. -Jiifl S>>^i.„i. t,s//, fn,i-/irs.<, M^X^-H:,, i„!. l".i. IaIIii' frniii llir Sifiufn,;/ af IIk Tiiii.-iiifi/ nliilnr /" flu' I'rnlrclioii nf Si-nl mid K i(';;ulati' thf tislicrics. And in kee|)in}^ willi this vinw wa's thi' iictiun >>! the (lovern- liu'iil in nidi-iin^! the li'h-a.se e eited aL.'iiinst Seeretiiry lilaine if !a' now al)anil(ins the pusitinn and iniileilakes to maintain the icintrary. Hut this is nut all that will lie cited afjiiinst the Seeretnry to his " euihainussnu'iit. ' Id- will lie niafruMtecl liv the fait that the United States mure than sixty years aj,'(] emphatiially denied the claim el h'li-sia t(p cNchisive jnrisdii'licin. and ne\er ccmceileil that claim whih' linssia uwned Alaska, lie will he I'linlViinted hy the fact that this ( iuvermnent asserted a similar priMcipli- In the ease «( the Iilack Sea and that of the liallic lie will liirlhei Ik' confronted liy tla^ ;^i'o;..ra|ihiial lad that Itelirin^^'s Si ,1 is an opeti sea, and l>y the nniveisal |>ritjci|ile of iiili rnalional law that an iipin >ea iMMiiiit 1k' iiwned or controlled hy one nation wilhnnl tlie consent of othei nations. Lastly, Mr. lilame will he " endiarras.sed " hy the hict th.it he is the first Seeretaiy nf State to advance llin elaini that li.-lirin^''s Sea is a closed sea, sMlijeet tu the conlrid of the I'nited States. Hat, says onr :'oiitemiiorary, rresidcnt llarrisim's i.'ceiit riuclamalion, which is hased on the Act ef ('"ii),Tess of the -i.il March, IS.Sil, " I'ndiodies the ilaim tu e.\rlnsive jurisdicliun." Well, snppose it iliH'S That cannot help .Mr. Iliaini' ninch in his conlruversy with Kni.;land. \ claim as.serted liy liin.'ress iir the ['resident, or hoth, has no mure international force than a claim a.--serted liy the State llc-liartinent. lint docs the Act of ('oiijjre.ss of the "Jnd March, on which the President's I'roi laination rests, a»sert the rijiht of contnd over llehriny's Sea ( It asseit.s the ri-iht ul cuntiul ovei' " all the ilumiidoii (if the United States in the waters of ll.dnin^'s .Sea." Now the extent of the' dominion uf tie- I'nited States ill those waters is the very jmint in issne. The previous .\ct ]iassed in IKliS. imi li.itely after the purchase, apiilieil to " the waters of Ala.->ka." If the .\menilatory Act of l.sS'.t was inteialed to a^siTt .1 larj^er domain than that of ISil.S, to deelare in favonr of e.xclnsivi- jurisdiction, will iml .Mr I'lliiiue \h' also ciinfrnnteil with the arounient that thi- claim wa-; not asserted liy ( oniiress till thi.s >■''•"■' lliiwever, we hojie that .Mr. r.laine will lie alile to overcolni' his many " emliariassments in the fiiMti'iiversy, and to satisfy Kn^land and the ulher I'liweis inteiested that his claim is well ^jrouniled. lii'liriuii's .Sea is a jzivat liody of water, and its li^heries are very vahialile If we can secure euntrol uf it Willi loreif,'!! consent, .so much the U'tler for us. Itnt it looks us if .Mi', lilaine had a liij; niideitakini,' oil 'lis hands. " AV-" J'e,7. //.r.//./," ,1/..// -.".I, IS.S'.I. TlIK liKlllilVd's Sk.\ (JfKSTIoV.— So it seems Secietaiv I'daine has decided that lielirinu''s Sea is a mntY iliiH-siiiii, or clo.sed sea, over which the I'nited States has exclusi\e iurisdiciioii and ahsoiute L'untidl. No one, native or alien, hut the- .Maska Cciiipany is to he allowed to catch seals in those waters, and any vessel, American ur forei'^'ii. found violatiii}; this )iriihiliition is to In seized. ('an Mr. lilaine snece.ssfidly maintain this (laim in the diploinatii' controver.sy which it.H iiiiiRiunceinent must piiivoke ? (,'an our (lovernment undertake to eiifoi'ce it without iiivitint,' a fireiiiii war ( The claim is aaainst iiuiversnily reco(,niized principles of international law It i- i.|ii>osed to the tiinlitioii.-. and preceilents of our own (lovernment. It is contrary to the record of the Stati' Itepart- lueiil nil lliis vei>' ii'iestion us recently as the administialiun of Mr Hayard. hi the law of nations nn ]iriiii iple is more .■.ettlcd than that the hi^h .seas are the puhlic property iiftlie World, which cannot lie moiiopoli/.ed liy any one I'owvr, .Vs Woolsey .says: — The liijjh .sea is fr"" ami open to all nations. It aiinot he the property or the eniiiiie of a Jiiirtii iilar Slate. It cam. 'oine property, for it cannot he |Ki.s.se,s,sed. It is clearly lor the coiumon U'lielit of nmnkind. It is a lonimon pathwav, sc paniliiii; iiiid yet liindiiii;, intended alike for all. It is einially well setthsj that a nation may own and exercise exclusive eontrol iiver a "closed sea " — that is, a IhhIv of water either Ivin;,' wholly within, or is almost entirely surioiinded liy, its own territory. The jiirisdictiiin of eveiy .oiinliy over the oeean for a marine leaj;ue, or :i miles, from its coast is universally c-onceiled. A L'lanee at the .Map will show that liehriiiij's Sea is not a doseil .sea. It is a vast expanse of water iimre than I , Hill) miles wide. It is not laiid-loekeil. It is part of the I'acilic (Jcean ; it hinns the water liii;hway helween that and the ,\rctie Iteean. To claim it is to claim the liieh seas. The State Idpartnieiit now Iulscs its claim on the rijjhts acipiired from lliissia when we purcha.sed Aliiska. There can he no cpiesti cmimTli'il with till- sanii'. Till' wiili'i', iliiiiii;,' Ihr past twii 111- tliM'i' yi'Mis, has nii't a Ljn'al many I'asti'rii visitors to mir I'liast, ami «hi'n"Vrr lln' i|iii'siion of thr liir-si'al tishrrii's has hci'ii In i;lil ii|i hi' limls that in all i-asi's thev have not thr s|if.'htrst iilca of thr same, ami whi'iii'vor thr vahii' is i'X|ilain>'il.iiliil ( harts shown, shnwiii;' just !;■'«• liroail tho ilailii our (iovi'mim-nl has laki'ii in its jiiiisdii limi nf Ihi' lii'hriiiy's Sra. in ]irii. tootioii III' thr fur-«i'al. or iiiori' partHiilaily |iioiriiim,' ihr Alaska ( 'oniim'n iai Conipanv in lln'ir v:i>t inonn|iiily III' th . I'ur-scal tisln'rii's. ami hv this nioiiopi ly I'lialilin;^ this ('onipaiiy lo conl ml nearly :ij of the I'ur tiiuli' of Alti'ka, Ihi'y ai-i' aslonishi'il.and still iiiori' whrii it is fiiithi'r t'\|i|aiiii'il lo llina that till' 10(1,(1011 fiir-s.'ais, as taki'ii liy thi' Alaska ( ■oniiiii'niiil ('oni]iany, lirino m-arly '-'.ooo.oiio lll,lltt^ rai'li yi'ar. ami for this ]irivili"_'i' tin' Ici' to tin' I'liitcil Stairs' ( lovi'iiiiiii'iil is Ihr siiiall sum i.f ;i!u'i,L!Si'i ilol. SL' v., liriii).; till' cvai't avi'ra'ji' aimninl paid hy thr Alaska ('oiiiiiirrrial Coiiipaiiy. and tu !"■ [laid iiy Ihi'iu rarh yi-ar, as I'laiiiii'd hy the Alaska I nniini'iiial I'onipany.iliirini; the twi'iily yrars nftheir lease. This is taken t'lniii the Alaska ('oinineieial < 'oiiipany's ii»ii slaleineiit in their reply to (jnvi'iijdr Swinel'old's eharp'S (see p. 12 of that voluMe)- ami these lij.'iires lailliol he disputed liy lliein— thus Piiahlinu' the Coiiipaiiy to make a i lear prolit of not less ihan I.lliiri.OnO ti, l,L'."o,oO('l dollars ciicli year oil' the seal islauds alone. When they eonie to lieiire thai this has lieeii Lioin^' mi lor nearly twenty years, it is eiisy to expliiin hinv they have i oiitiolled all the trade of this vast seelimi. Kvideiilly a .stiou',' ell'orl is heiiij,' made hy eertaiii parties that tin' leasino of the I'ur-.seal islamis .'hall he at the ilisiivtioii of the Seeretary of the Tri'iisurv to sav who is the proper iierson to lease those islands to. and that a m'I sum shall he the speeilied aiimuiit lor thi.s lease. lielow we ropy a:i aiticiij cut I'loiii one of the daily paper.s, entitled — r/ii Siiil /V.<;/<-n'M. (All interestiiiL; liepurl |ileseiiled In the House.) H'liiliiiti/fiiii. ./iiiiiiiin) 2'.i IJpprosentativp l»iitin, from the Cinnmittee on Merchant Marine and Fisheries, to-day piesentiu tlio results of the iiivesti^'atioli hy the ('ommittei' into the fur-seal lisheiies of Alaska, with speriiil rel'ereiiee to whether the ('out raet LiiviiiL; the .Uaska Commereial ('iiiu]iiniy I he rioht to take fui -seals liail lieen violated. I Minn aeeoliipaiiied his Iteport with a I'ill on the siilijeet. It jiruposes tn aiui'inl lln' pre.seiit Law hy ]iriividin<.' that om? year hefore the present lease to the Alaska Coinpaiiy expin'.s, "t when any future similar lease expires, the Seeretary of the Treasury shall lease to the piiiper pTsmis the lii;hl of lakiie,' fur-seals on the Islands of St. I'aul ami St. (ieor^'e for twenty vears, at not less tliiiii r)(l,000 dollars ]n'r aniiuin, and .'i dol. ."lO c. in addilion fur eaeh sealskin sliip]ii'il from the islaiiil.« .Such lease shall not he tralisferahle. ■Vou will iiotiee in this lleporl il is leeommeiidid that llie Seeivlary of the Treasury shall lease I" the ]iioper |iei^oiis. Now, the ipiesiiun is. who are the proper peis.ius ' Can any one read this Ile|«T! and l.iil to see where the interest is ' Why not put llie leasini; of these islands in a hiisiness sliii|ii' lik'' any III her ( liiveriiiiienl Coiitraet ? Let it he awiMiled lo ihe hiiihesl hidder. i,'ivi all a clianrt'. .in.! not allow this one man to deiide who are the proper persons to whom these islands shall he leasuL If il is done in this wav il is safe to sav ihal Ihe next lease will realize liom (il)0,(lllil !■ ,S(iii,(iiio dnllars pel annum to our ( lovi'minenl, instead of 400,1100 dollars, as pur reciimmemlalioii "I Mr. Itiinii. Von v.ill also notice that it is reeoinmende.i to amend Ihe Liws .-o that the Secretary nf ll^t Treasury shall not only have llie ]iiiwer of re-leasini; Ihe islands, lint ihal this Law shall ap)ily In :iii.'' funire lease, therehy extemliiio liiis piiwri lo an uiilimiled extent, ill fael as Ion;; as these islands M' of liny value for leasing. Who woiild not like lo he th.e Secretary of llie Treasurv and have this power ' Il would he aliii"S'. lus oood as ha V ill',' llie islands them.selves. Now, We |iriilesl a;,'aiiist such aelloii. Il shows fraud iipnli i^ face sii plain that a hliml man mcht to see throi|n|| ji This lleport of ihe L".itli danuary ^'oes furlher on, ami says: — The pieseiil Law i- declared lo apply lo all the waters of Uehriii;;"s Sea in Alaska mentinnt'il ir. the Tivaly with L'ussia liy which Alaska was eeded tn the fniteil Stales, ami the rresidcnl sliidl take ineasiires lo have arrested all persons, and sci/ed all vessel.s, violalinn Ihe laws of ihe I'liilcd •Stali'i therein In addilion l- ihe ahnve pinvision is made for the |irolectiiin of the .sidiiiou lisherics. The Ko|iort ieromnienil~ Ih.u the A'l to prevent llie evt^'-iiiinatiou id' oui lur-heariicj animals in Ala.skah 283 ic pnrtic'iilarly I lull Wlii'll till' know cxiii'llv r ;i ti-illi\ wliiili cat iiiiijiirily nf ilid till- iirolii.. im to our const, I ,ill i-iisi's thfv llliWM. sllliwili;' il;'s Sra, III )mi- IV III llii'ir Vibt .111 ml iii'aily ii;! I'll III llii'iii that IIIMI.IMKI ilnllnri lllllll >1IMI III" Hiaiiy. mill tu Iv V M'urs (if llieir |ilv til (-iiivi'inur l.y llii'ln— tlii;^ IIIO iluUiirs ciicli : Im-scal isl.imis u 111 li'asi^ thp«e ■ cii]))' i»:i articlu /. .Iiiiimirj/ 2'X tii-day iiii'si'iitr'! iskii, Willi .■•I'iimI akf I'm -seals h.iil ■S 111 illlll'llll tlif ii|iaiiy i'X|iin''', I'l !• jii'ii]ii'i' jH'r^i'ii' , al mil lusi' 111"'' iiiiii till' isliiiiils iirv shall li'a nf llii' seal i~lamls iiiaiiitaiiii'il, without iSt 111 lllr tliiVl'lIlllli till' liiiMTiiiiii'lit, mill hius ruiili" II III : thai till' Alaska ( 'iniiiiii'i'rial ( •iiiilniiiy has f li'il liliciallv 111 11 II Uy 1 1 'iriiniii'il its Ciiiilrai't, with 11' sii|ijiii|'t, iiiaiiitriiaiK'i iiiiiliirt, am! I'lvilizalmii < f till' iiihahilaiits nf imt only llir s,'al islamls, Inil In iIm.si' nt tin- Ali'iiliaii Islainls, Kniliar, ami lli ,iiiil: that llii' tiii'-sral iii iii'ifcrl ami iiliill>|iiiti'il, ami that liy virtue nf the ee^^inli the I'lilteil Stales ai'.|illli'il riiiii]ileli' title In all thai |iniliiiii i.f riehiiiig's Sea -itiiateil within the lliiiils |iri'sei'iheil liy ill leviuw-iiii.' Ihis )iiirl nf llu e)iii|l We are 11 it ini'iiareil In say that the I niiiiiaiiy has not fiillilleil ,ill nf its iilili'jatiniis In llie (inveriiiiii.'lit, eerlailily It -iiiiiiM have thme sn with lie prnlits eniiiieileil with this iiioiiii ■|'i iif the Uelinrt was. as we iiiiilei-staml. the result nf .in iiivesliu'iilinii ill llic diaries iiiaile hy (inveriinr /Mfri'il I'. Swiiiuforil. nf .Vhiska. against the Aliuska Cominereial fiiiiijiaiiy. iliite : We hi'iehy re|nililish Inivenmr Swiiielniil's re|ily, as ]iiilill~lie(l in varimis pajieis pievinus '/i/i'i nior ,^iciii(Jurka ('oiinm I'lit has mil, and will not. have received It at the end of tin and lakiiii.4 the pinl, the I 'iiniiiaiiy's reply to (Jnvernor Swincford's el .\laska ( 'oiiiniercial ( oiiiiianv savs : .\- ll is jiart of the snlijeci hears n|ion the ('ninii: In rel'eriing tn wh.at they have I'la'inii In the ( niveriinii'iil, we iiiav he i-xniscd Inr here calling alleiitinii In the fad that the Intal annual tax and reiilal |ialil hy this tiiiiipaiiyin the rnited Stales I'r the Isi.lulv. IST'I, In .Viigiisl IS.'^T, anioiints to .l.-JIIll.T:!') dol" !!• c. ' Culiiilaling that (he lull nniiiher of fiii-.seals for the next Iwn years he taken, we will have paid the full .Sinn of ."i.Hi." 111. 4:1 I See pp. II and I- nf reply nf the .Maska (.'ninnieiclal ('ninpany In the charge nf (invcrnnr Alfred K, Swinefnrd. nl .'Vliiska, against the I 'ninpany, in his annual li'cpnri fm llie year 1S.S7. Now. this is ciipieil directly frnin llu- .Vlaska ('niiinu'iilal I'miipaiiy's reply. Taking their own li'.'iiii^ hir the saliie. where they only chiini tliev v.ill have |ialil into the Treasury at ihc end of their ,'-iL'."..7:lil dol. 411 ('., this leim lit! iii'liinlly have iiaid. accoiiling to their own ligures. and what is ce of :.MI74,:;ii:I dol. .'ll c. helweeu what tliev will ila I'liiiii Now, We ask, why this hilse representatinii hy niie of nni I ■d 111 llic llepnrt of Kepri'seiilative clili'-i'lilatives 11 iiviii'j now fullv II whv this K'l recninnieiided, shniilil have no iK'aring — showing the l^ilsily nf Ihe same — we will now go liiilher. and -Imw the value d .he i .ili h nf the l|i|i,(jliu fur-seals t'lkeii I'V the .\laska ( 'iilninerclal Cniupaiiy fur the ye.ir l-^'iSS. We will alsn slinw nearly the actual cost nf ihe expense In llic l'nni|iaiiy in taking ihi'iii, .seinling liiiiiarkel, ( nininlssiiiiis, \-c. While this is a dillicnll mailer tn do exactly, we will coine near it. and iilhi tavti iiig maiglns in I'avoui of this e.\|«'n.se, [128] so that it will undouhiedly leave a halance in iheir 202 284 till' lii'tl plaic, we liikr llicir iivenijje aiiiiJiiiil (Jiiid lo llic (iovcniiiii'iil, ih pel tliiM ipwii cslimati' and siali'iiiiPil Tliis iiiii>l lie I'lirrcrt. \Vc llicii lake the lilu III tli( paid 111 llif iiali\cs I'.ii killiiij; and -iai. iiulrpiMidciil dl llir sum paid In the iiatiws. This is luv whiU' ih'ik liiic. 'nsniav ■(•, and I'di Incd, and an alnindaiil snpply of salU'd saliiii Inl! ma fdi ll eh is yivcn Id 111!' nalivi III I cnai u'r, iV r . which wi' think tci he he llc\t Item 11- C'\pl'l|s rlise is sail, which is ihe nnlv ailic le used td cniv the skins We will say Ihi'l il lakes liMI tdiis nl' salt— L'lHl tuns wil filidll lime in wliieh ~eals aie taken, il ddes mil alln this, lail 111! aecdiiiil nl' the neh time li use It iivei-, w hieh •an lie done twn ur three tini Tl suit at Fi lileseiit IS Wdilh '.I dii ais per lull III San uneiseii, in .small luls nf 1 In III Imis. We will say that il en.st that for 400 toii.s, making; e.vpelise nl' sail Thi next Item IS oust 111 tiaiispi italidii fiiim the island tn Sun Fmiieiseii. Tin; Bteainer " St. fanl desiencd fur tl r tills piM'pi 1888, eleariiii; I'lom S:ii Franeiscn Ini I hmalaska Ist'tlip. eleaiid March L'L>. IH.SS L'nd trip, cleared Mav IJ, IS.SK. She made Ihive trips (liirini; the yen ■'1 .■lid trip, cleared Selilenilier lo. IJ^HS. hjieh time the manitest lalled Inr assiiited •.; Is and inereliandize nt' Viirirais kinds, iinsi;;ned Id dtlier parts nl' Alaska, sn that ]iiiihiilily ' iisiness, iiiileiicndenl Inllv e-lialf lit whieli was one-half nf the expense df this stei of the .seal islaiid.s. On twn nf tl aid lie ehaiL'ed In ntlier li icsi' trips (leareil with thirty men, and unce with thirty-one. The steamer is jirdlialily emplnyed ei'.'ht unintlis in the year. i'Xl>eiis uf this canniil he acciiialely estiniated. Imt hy estimatiiiL; Ihe expense df this vessel for tl ic rear, ui mill, we think. ;ive jiiriL' niaVL'in. sn as td inclnde W(!ar and tear, interest on investment, insiiraiiee. Ac. ; lliis wmild ;;ive expense a lair estimate until jiiidds aiv la aid in S.ui Fiaiicisen. We will allnw H iier cent. aiicu td l.iinddii on, .sav, wiiiild pidlialily lie the extent that these skins could hu insured l.-.TiO.IMHI ddllais, V for, and which amnniil- tn When the skins arrive in San Francisco ihev are iiacked i n casks, I's for thi^: pm|idS(i. which cimlain mi an avera.iic 40 td 4." skii pecially iilliiiL; 411 skins. This wmild aki ."am cas I'rai ici-cd mar kit value nl same h ■2 ildl. ch. liiakniL; tdl.il expense We will ;^ive exp i|- p: iiii.i; ill casks, ilrava^c. and sliiraL;e in San Francis The tiei"hl at present tinii; lietween .San Fianciscd and New Vmk, in carlnad Int-s, keill fi.ir seal-skins in pickle, is J cents per Ih. When pac and lakiiiL' this as a liasis, they wmild make nearly l.icM.OOO Ihs., at lev will aveia,i,'e lieailv Hi n.^ rr Ih. We «ill say it ciist diie-ladf this aiiimiiit In lay and delivr them in hdiiddii via I'idiii New Vdik. which, we think, is a lali;e estimate This lavs them in bindn idv fd cent, alliiwed him, 1,81)11,(104 dill. I'OOil hieh is ilediicti'il I'rmii his purchase. T )iiirehaser has a disc.minl nl \i\ )ier lis wmilil make iidiiiil reali/ed hir the skins ('. M, .aniiismi an I (; chalices liir ediiimissiiin im the sale df salted liir-seal skins, which include iiisiiiiiiiee, stoiii;;e, I'ce., alter the ;;ddils are delivered In them, i.s ■1 per cent. This cives total e\)iense of calcliiin,'. eiiriii;.', and niarkelin^; the lllll,IHMl seals Dol. J0(!,28i) «2 ,)l,8:al an "iO,(HiO 00 a.tiOO 00 ."lO.iion I in 18,7011 00 •i.MT.'i 00 1,(111(1 1)0 l.llllll llO I li. 11(10 110 iO,.i(17 '■>"■ Till l)i estimate iil' cust sconiit. L'J per cent. I 'oinmissiniis, i\e , (,'. M. La 11 Lalimir nf the nativt |isdii and (j L'yi'i.iiHii »■: 47,:;.-i--' :(."' 7.'i,iiii:i 'b ."il.S.MI uO 470,01)2 'M These tiijiires ale jiraclically correct, and can he verilied. This anidiints tn within KM,;!?") (Inlliirii which is estimated, lint the estimates are iimde Ion;; eiiuii^di sn that any Cmiipany olilaininK the fiitun; lease of these islands can contract in San I'laiieiscn lor this poilinn nf the expense at these tigure-s oinl oven loss. llavini; now loiiiid the actual en.st, nr near the same, of the 100,000 bciiIs, we will m further aiiii 285 (iiul what llir-ir sL'iils were Sdld for; wr riiti tlicii ilrtcriniiKt llic |i|(ilil. en- near il, lor llic yciii ll„. 1(111,01111 siniIh. lass Till' skins, iil'toi airiviiif; in Lipinluii, wi'ii; sold cm lie Hili NummiIht, ISHS. liy (-'. M. I.iiiiili'*' I Co at jriililii' sail' at till' l.iiMiliiii ( 'HiJiiiii'rrial Salr li'nni III) laii U' iilitajnril I'piiM all it\|Hii'li'r.s u|' lins, ov Imni all . M iiii'iii: LlIK CI' their ca 'jilip;;iic till' I'liiti Stiitc Tl iH'y \vi>vr siilil ill lots, tlio lar'.'c^t Id 111' wliii'li lait;c' III!' Iidilsi's ill tlir iiiiiiiipul rilii-s nf ■d \i22 ski I til ynl Irmn \'.i»x. prr skin ilnwii ti ' liaM: Hssoili'd tile lots, and tilid that tlu'V lnoii'dil as fipllnHs : In iiidi'V to yi t at till' I'Mul aiiicmnt itali/id I'V tlr '^9 ^k1llft hruujflit 4l:i .l.^tlll 1,24(1 l-lil \4i «ll ls3 3,'Jilll .1 21111 1 3"!. e»'h 12n», „ IIH». „ It4>. till. 1091. 1071. lO.'il. l(l.t«. •JHii. O.'u. !l4f. l.ii'.iK tkiiii liriiiiKia .11111 ■i.lfil M 3110 „ :i.:iii3 ,, '.'l.fillO ,, „ .1,41!0 ., IKO .. „ 101 20(i S« ,. • 70 „ ].3" li,IB7 2:i'» 2011 I.0i4 2f,3 »98 172 184 fin>. eurh. 7!'». ., 75i. fi'Jl. fi.'i». 31 29>. Now, ill .siiiiiniin;^ iiji till' dill'cit'iit Int.s, 1 liiid thai iiisti-ad d' Ihrii' I'l'iii;,^ laily liMi.diMl skins, a.'i ii'prisciiti'd at till' hroiniiiiio ol' Ijini|isiiii uiid t'u.'s ralaliii.Mii', rmisistiiii.' "I '.i7.''<7l Alaska t'lii-scal •d skins, salted, and -.Wl'.l .Maxka seal skins, dress,.,! ||;,|| , tlieli' was lIMI.IIlti skins, wliieli ii o^i'.i.'.Hl'. :U, which, when redneed tii rniteil States' niuney mi the ha.sis <>i;iii,ii'.u 'juii; .'i.Ml,.16; '.i3 lA'a\p« R lilt nrotil til 1,33ii.:j6 3f.-ii7 II HH,:i7'") dnlliiri' lining! the future hese ligure.s,auil 1 f-o fiirlhei and fur the year ISSH. Kijiiniiio this a.s "11 llie cai l;iy. iheni lael>, and ailV inie hv I'nllowiim the dileeti lital investeil. 'I'alk almnt all in the sliude in the iiiatter nf [initits Tiieii hauls do, it makes nearly a nil |iio|it of i;;>S iHTieiit. yonr sii^nr trust, oius stoik, Watef I 'oiiiiianies, railroads, iVc, this Tl lese li''llll are not niere "iie.s.s work, Imt tin speeilii ■all tind voniheis I'nr ill I th lese t'stiinate; Having' now shown the value of this ].ri\ ili'j.'i' in a fair and laisiness niaiiner. we ask, is it iiL;lit iiikI jiisi to the Ipiisine.ss men, nieiehants. eapitalist.s, and pelson> of the I'liited Slates who have money til invest, and are more than willin;,' to invest wlii'ie there is a reasonahle ihaiiee for returns, thai tlii.s |ilivili'L.'e should 1m' plaeed at the disetetiiili of one man to deeiile who is the proper person to hiivc this l'ri\ili' Ale we not rielit in this .laini that if it is jdaeed like any other lloveiniiieiit eontraet that iliiii.lliiil to ,S(Ml,lMIO dollars |ier year will he ollered for this |irivili'^,'e, and hy parlies who will yive a.s L'lioii liiiniis L-ali he had for the fiiltilineiit of their eontraet .\nioni; the various methods for haiidlini; of the fur-seals, I'liai'',^!' nf this, and eondnet this hiisine.' flic. Snnie would .say the liovernment eiiuld not i liieut take ehaii'e iif this l.'eservatioil. The altiele^ one is that ll ioxeliinient sjia 11 laki a.s to derive all the heiiutil therefroni, whiih is not a had lothis It •eeiiis plain and ea.sy Let the f!ovi till •arv to eondiut the hiisiness nuild lie lioui;lit same as il now is, with ordinary supplies hv 111 .\ .iliiiiii;; its oHii'eis to siiperintend the killing ilo this. ami enrilii; of tl: L'ljiiipetent foi'i'iiia II can hu oht. lined as It leiiniri's no ''teal to tl Th.'t; iMrniiii'iil steamer leav iiJUll lid lie Used to trail' port supplies on its trip lo tin .\i-itie in ll' sprini,' and hritii: hark In San Krani'iseo the se.il-skiiis on their return Hip in the fall, therehy liUlsili'' hut little I'Mieli on hoth trips ti I I'l'iitn the Arelie they pass within -"id mile.' of tin I.'. M. The .skins eoiild he paeked alul shipped under the proxision of the ( oivernuienl oltieials to ani|isiiii and Co. for sale, and reliirns made direct to the Treasurer of the rnited States, This si'i'iiis to he the hest and most praetieal wuy to dispose of this Ifaiiehise. therehy deriviin,' all the lii'iielits there may he in it to the tiovernment. The piivili'i,'e of eondurtiii'.' a i.'ein'ral store on the islaiuls lould he sold the .same as with 'itlier lii'servalioiis, as I 111 finiilies would undi'Ulitedly suppiirl one ^;iiiiil i^eiieial inerehaiidize store. Another way, which We think Mould he iiiuoli heller hir the hest interest of the pe'iple of the Vmi\ a: I'liast, would 1 follow.' Let the (ioverninent take iliaroe of tlii.s li'e.servalioii, and, instc-id of killiuf; 1011,000, take .JO.OiiO stal.s; und in doiiij; this, let tlic seleeliim he more Ihorotioh, .so that the .'10,000 skiirs iliall he slrictl)' 286 clioicc skins, llial wmilil iiM.ni;;i' tlic lii^'licsl jMissiMi' ]irirr, Tlii'ii iil)iiiiiliipi llic ihpsciiI jHilicy «l I'laiiniiii; the Iii'lii'lij;;'s Sim iik uu inlaml "ra, wliii'li lalilint Ih' iiiaili' ti> slaiid in Ihi' I'lnl. Ilcslriit tjji killing nt Mill wliliiii tlic .'!-iiiili'iii'li-niili' liinil. wliati-vcr it ili'iiili'il tf wlial ii iiatinn can hoM autlioiitv oviT tlif liiL'li Mi'as, ami tii tliis way it « lailil inuili lari;ci' rxli'iit lliaii it imw 111' imlusiry nf pnvatu ^I'alin^ In A ihtsipm Mill ktiiiHiii;.' tlir val'ii' ul tlii'- iiidn^ttv hiuiM a~k wlu'iviii it wiaild lie l-i tlu' iiiliMi'>l nt the I'iii-ilii' ( iiast til )iriiniiiti' tin' svaliii;; iiniiisliT liv privatr iiiilivi.lnaU. Tlu- aii.sHrr is, llir('i'-riiiirtli> iif tin; niiiiii'V ili'iivnl I'min llii' ciitrli nl' tin' |ii'i\a((' siali'i' l> pill ri'.'lit iiiln riirnlatinii in lliis iiiiiiiiiii . in fai't. i|iiiti' a lar^'r |ii'iii'iita;;i' i-i |int iiiln riri'iilaliun lirlnrc the \i«>rl Iimm-^ imrl. In miliT In iii,ik>' iijaiii. till., ivi' tlii' ili'tail III' ll I'itlnr li\ II' |iiivali'-st'al('i- liiiiin iliailiiin^' I'l' |inri'liaM 111 till' lir^t |ilai'i'. a vrnsul 'll • ic vi'ssi'l.-i i'in|i.iiyi'il Ml this Linsiin's> aii' ninsll' Miiiill siliiiiuiL'rs i'aii>;ini,' liiiin -Id tn 1 III Inns lniiili'ii, TH tmi'' lii'in;.' a raiiavii.i;;i' Im- si/ an onlur is ^'ivm tn mir ship-yanls Inv u vu.ssi'l I'm' si'iilin,i; : K. vessel III' til is ili's(ii|iiiiiii III' Til tniis ii lair |inctr in San Kmiuiscn in This is il('sii;ni'il tn lairv six nttt'i-- m- scalinu-lmats Vs sunn as thii vl'ssiI is rn'i'ivi.'il tVniii llu' shiip-vanl, slii' ha al a iirw nf twuiitv-diM' iiii'ii I'nriiishiil with Iht alii'liiiis, cliains, sparr rnpns, an I'xtia suit lit sails, ilisbi's cDiikini; uluiisils, ami nthiir arliilis tnn niinit'iiuis tn inrntinii, iif wlmli is a Inw I'stiiiiatc. The next item is thr six hiinti ats. will I an avi'rai'c (if llMI ilnllai-s rach A cniiipli'li' iH'W iintlit nf ^rnns, lilli's, ainl aiiiniiiiiitinii, laiif^inf,' rniiii lillll tn IHIO dnllars, ai'iiii'iliiii; to tlin ideas ul' the iiiasler nr owner, whirh we will eiill Salt I' 'I'l or illlUl; the skill: len ciiini'S tlie item nl piuMsions .nr a rniue nl twi'litv-nne nii'ii, wniild aveiai'i' I'lie iji-illesl, whiell enllslsts 111' nlhi lilinkets. liiKits liiediriiies snitalili' t'nr a ernize, and whieh the law I'l ■ii;!il mnntlis t'nr Hies, tnliarin and all masters In take, is estiiniited ami all hi lUii 1 The ve.sse! is nnw readv t'nr sea except llie crew. These as a rule '_'n on a lav, Imt punr men, they jii'iierally liav e an ai vam e paid In them, raii,yilii; llniii :;(l In and with a crew nf twiiitv-nne men a master may he cniisideivd Im kv if gets nil with less than ailvaiiie iiiniiev fur his n-ew. \Vi I (111. 1 7,iH)0 ii'i 2.ri00 00 OiMi on 7 .'ill no I Oil Oil ;iiin iiii 4'iii oa 1,'Jlil) On Tntal expense tn start with l;t,.iliil nil This is as Inw an estiiiiale as a ve ssel six lioats can he hiiilt and rnriii-ln'il fnr In-r lii-t iriji, wilh malilv lair niujit siiilalile tn make a sue expeii-e wliii'li any mie wnii dialelv ''11 iiiti) I'iri'iilatiiiii. Id he at tn i'n',^a;;e in this hiisine> nf the Imsiness IS. nr CI I'his is near tin I taiil this aniniint Al till le present tiiiii' there are almiit liltei'li Aliierieaii ves.se Wiilllil llilllll- Is nil the I'acilii Cnast ell!.'a:.ii'il in this Imsiness. N'nW eiMlld this lillsilless he lirnlinhl llji tn 1 1.j ves.sels, it Wlilllll leiiuin.' 1(111 new vessels and niillits. wliii'li wniild at nine put into eireiilatinii 1 .:'i"ill,ililll dnllars at the Inwi'sl Cali.ulaliiiii pnssihle, and wmild L'ive einplnyment In cateli nf tl le private sealer al lll.llilil dnllars eacl !,lllll men. \Ve will imw eslima line sea.snn with aiinther, is a le till fair catch, and wiinld realize l,lll)ll,llili) dnllars I'nr the |IIU \essels. The crew, al tin 111 nf come dullai in In hi he si'iisoii. aid nir, and. a~ a rule, reieive oiiediall' nl the catch, which aliiiiunls In ."ilJIl.nOO atla This is pill immi. ilialel V iiitn cireulalion, leaviic' the halaiice in the owner's hands to halaiii the t rip what lever net )iriilil thole niav he in the hiisiin We will say lliat it is iliviilwi between the lOll nwners. Xnw these lllO nwiiers suppnrt lUll families, a.s a rule, and spend iiiiich lim than tlinuuh it was mai 'll hy four or live men in a stuck Cnnipaiiy. Tl I'Xplllil wherein it is to the hest ailvaiita;,'i' for the I'acitic eoa.st to have this IniHiiiess open to any i It plain wished In invest in the same. dislrihiili'il on the I'acitie shipping,' points, it wmild proniole all trade to 111 cell if this extra ainoiinl of luisines iild last I let Ween San Krancisd cattle, anil 'ortlaiid, Tori Tnwnse itli )ii'rhaps tin- exccplinii of the haek-driviT Biiil undertaker. The (iovernmeiit at the same time would deriw a lari;e revenue mi the .sale of tin' 50,0(111 skins, enough to pay a dividend on the inirchase of Alaska lar;,'er than it ever has done, aiKi 111 a marj;iii lo pmlect Ihe sei We Uliderstaud the nliiectinii made ti tlieii lireediiii; ^.'rounds, which is ciuicedeil hy all should In Cillers is made hv those wlin dn nnl uiiilersUilnl how the hunting; nf seal is done. The reason I'nr llie nhjeelion is, that the ]irivati' sealer will dcstiiiy all the seals and Ivieak up liie .seal innkerics. We ask ; Has there ever lieeii a seal rnnkery hrnken ill' ikcrii"^ I .I'lii.'. and deslrnyed hv hiinlers willi lire-arms when used at sea frnin 10 tn 20 miles awav frnm the n and '.V ill innst in.staiic(!s .jo miles awav I'l'iiu the ronkerii W e aiiswei \i 11 never has III and never can lie ilniie. In all cases where rookeries have lieeii hroken lip il has lieeii done hy hiiuti'ls directly on the heiicli where the seal laud, and hy luinlin^' and killuiL,' them iiidiscrimiiialely, tli.i they Id nut land and In till and care I'nr thi The killill'' nf .seal from 10 t-i miles awav frnm tl liunler. le ronkeries ih i|uite aiinther thin;,'. 'I'he seal there is nnl at the mercy of as It lias plenty ol ■a room, and is ahle to lake care of itself, and is nn even hv till 'lusy game to capturi'. St skilful liunler. This will he iiiiileislnnd when it is consiilered that L',.J0ll seals is iiii exi'c|iliniially ).;oii mnllths netlili catcli for I'l carr\ this This shows that tl yini,' tweuty-iine men, who are ;,'i'iierally out seven or elglil ■al, when awav frnm laad and al .sea, is a hard ; to capture, and that they can never he extermiiiated hy huiilinu al sea iia now done, any tl lan the i Arctic. lucks yeese can he all kil lie on their way to and from hreediny gioiinds in ibt 287 llnl. . V.dod III .■nil Oft 600 Oil 7.-(i lift lOo III! ■iiin (Ill 4:.ii on I.'JIKI Oil l:l,."iiMi nil We iifti'ii soc I!i'|iiiil-. iilidul tlic sral-liuiilcTN, with nnnirks iif tlii' way llicv cniitiin- si-aU, ( laimiiin lli.it iiKiliv wi'i'i' sIimI mill \vc allnwi'il, il lit'iiig il ask was tlii-ri' I'Vci- il iiiHic KIIIiiil: iliiiiili aiiiiiials llian is imw iiiiirliscil in killing' seals cm tin' riii'l n jslai Imilal iiictlinil iiivi'iitcd fu iif St, ( Ji'oi','!' anil St. I'mil. IIW lllcsi' lii;;lilv illli'lli^'cllt nls all' jii-inliinlly I'lPiri'il ami iliivnii away rimii the sea, thi-ir I'lni'iit. iliiM'ri iiilaml a> I'ai' as ili'inii'il laarlirnl. Tin' slaii''lili'i' tlien luniiiii'iiri's. j lill I'i: h| ijji'Ii with (lulls 1 ;lil III till' liisl liluw it is l( ilildp'ons kliiiikili'^ (lilt llicir luailis ri;;lil al iiiaj,'iiit! II I'll, and if the seal is mil id slaii"lili'ii'il, ils lii'ii lii'ini; kiKjckcd dtit liv ii cliili. Willi can iina'.'ini' a ninrc cnicl nictlnul than this fur killimj diinih aniiinds ! ( 'crlaiiily the luiviilc ctlnid is the imist hiinii t.r the IW( mid lire lust. I'ml'Mi'jicdly iheic aic son tliirlv HI- liifty, mil iinuc than this. It is tli.il is SI 1 iii'i'd. This is al.so an crKir. S .\;^ain, il is < si in this way, Imt tl •dthal many .seals arc shut that I'l-ecntauc is liylit. |ii'olialily iiiiiicd that ten arc shut and wdiimled that die to (uic Is arc shut at that arc ill liit al all. hut when II sea landed. SI. tliat in the end it will die, il is must iilwavs secured l.v the hunter whu iiiav have Id slii...l III il si'veial times in (iider to yet it, a.s the seal in the water c.\ii(.si',s mly ils Nca.l, a: Injlilciicd i'x|.(ises (inly a small piirlidM ol' that, sii that, ln^'etlicr with tin.' cdnstalil liviii'4 ml when ill' the si'ill, iiK.ti.in i.r the lii.at, iVc, makes it very hard In hit. This is where it is claimed that ten arc .shut iiiid Hi.iiiidcd tl. line that ii secured, hilt it is nearer the Iriitli tliat (inc is hist id ten that are .secureil, l"i llii' lea.sdii that when a seal is Wdundcd il caiiiidt remain under waler aiiv leiiiith id time, ami llii n lure the hunter can iiv lii iiw it ii|i and secure il riinj's ,Si We will iidw liidk at the Clmit nf tin .■l.iiiiis this. \un will miticc a huif; chiiiii nl i.^laiids l.inn "fa circle Id llic westward, dividili" the I'acilic Ocean frdin the Hi ca and .see .in what cidunds imr < Idvcrnincnt id the Aleutian viciidi till iiii's Sen. These islands are 'ill'tcdlv df Vdlcaiiic liirmatidn, and while ihcv evlciid siiiiie I.'JIKI miles In the westward, thev do ii.'l 111.'! Ir.iiii ill. Itehl Sea. Tin if All. in to ('. 1.'^ iind df Alt.m is ..in exticine western )« T ic dislanci! is i; 'U-l ( r Siheriaii side il. 70 iuih' Ni id t(i the iiunrest |>uiiit (if the Kanicliatkil iw if diir (diveiiin I can claim and cdiitrol a sea with miles across, we want to know In lliiil il is an in. -I. iscd sea. Afdiv he is .'(linj; In do it. and (Hi what ^.Tininds. I 'cilainly not el All. I'iallv, when voii ai.'iiin look al the Chart, vmi see that the Is 11 IS at the extreme en. .1' the chaii 1 of islands, and as von fu this chain nl' ishinds hack t( ihi' I'ustwaid IIS far as riiimak I'liss, that l.etwcen these till' laiyi'si dimensions to |ii islaii in and kiiI of the I'lchi (Is are wide |.a.ssae iiwine vessels ( .•(liiiiit;'s Sea is sent to von .lo tliat it 111 lllls llllltler. \ on will notice on the Chart of the 1 i.w just how hr.iiid the claim onr liovernmeiit lia.s take iiiaiy hdundarydini', railed this f..r lack df in. l.elli JelinnL; s i Ihi called the United States' This has 111 eh 111 hint dut or Ihv iiiiii'.'iiic.l 1(1 exist ill andpeii sea I .L'DO miles aiids^ in ils widest jiart. .somelhin;,' never any ..ih.'r l'..wer in the history of the wdild. The ini|.ri'ssidii has c.mc .mt that the llchiin.Li's .Sea is an water, and under the full coiitKil of the riiiled Slate ' lirsl ohlaili dust how or wl chiiui line .seems to ki It s|.raii;; iiiln existence lik(! a niiisliid..ni, and aii|iar(iitly "iili iilidiil the same slrcm^'lh and sian.liii''. Our < l..veriim.'nl couM, with the same consislciKV, al! of sudden claim the eoliUdl ..I the Ciilfdl' Me 111 "iilv cdiitn ci'lain distain i.f II It is her shdle- m-idcred hv all iiiariliine laws that a natinii This has l.eeii the cslaldishe.l ciist.i inarilinie law h.r an iinlelinite tiiii aii.l air ( i.ivernmei It insists that mir Amcri( an lis iM' all riL;hl diilsn!. Aiiieriiaii lis|i,.rn if 111. -mile limit lidiii land in the conlrovcisy hctv the I 'anadian and icn, and w (add nol consider the ln-mile I'lil "lii'li they com 1 ihe ra.'ilic in the liclii lieaii land |i(iinl us iLskcd hy the Cana.li. liic caslcni side W. I null 111! ihis all Sea ihey pi directly hack oil what they .laini on and if Villi all' loiind in it voiir vc'ssels arc suhjcct to I'lUe and vour-i'lf lined, niakinj; no allowance whatever hir what iiortion ynu may he in. whe ■ li") miles from land. Our tiiivermneiil lliei ether lireollv hack on what it chiinis from the ninll.iii aiithorilics on the oil I far It has lieen ler siilc, we as 1 t^dUiK ( k, can this claim hi' held when it Udines lo a linal liv hircc. liiit nii"ht is notalwavs riudil, and can anv one claim hut what our '■"Veiiinnnt will have yel lo p.iy hir the (l,inia(,'es to the Can Illi-V 111. ive suslaiiicd hv the si'iziirc of their vi mill iiiii.iii'' lln I her own eiti/.eii.s for the lo.s.ses and I'orfciluie of same hv our (divcrnnienl iii ils adians am ■alers in lln I'.y what other ri'.dils has'thi' I iir 1.SS7 in the lii'liiii iiii'l -M 1.1 tin niled .^lales to the 'hrin''S Sea ! Il is thai Ilu.-sia ceded Till 'niled Stales the full aUsdhiti riclit and mtn df all the waters i.f the I'l.'hriiio'.s (|iicslidn is, did IJiissia do this? Hi. I she sell this open s.'a. Ihe piil.li.' Iiidhw;iy iil' lln 'I'llirs. for an iinlelinite Icin^-Thof time in tl "f Kn-l,, via the \ iikiiii liivei to her le pn.^ I, lo the wlialiiiL.".;idiiiids in the Arctic — the hiehwiiy si. ins in the hir inirlli. She did mil d.. it. Sh. tyM< .i| the shore-line ..iily, of which iiii.|..iihli'.lly she had a ri^dil to do. Itu.ssia, dcspiils ami tyr 1(1 tier lilts llllMlll.! .1. lavc priivi'd ihciusehcs to he in all llieir dealing's with nations and Jirivale individuals, ncvei .\iii. s mil Id ihis .lay I'laini .ir exercise inri.sdiction of the I'lchriiic's Sea, except the shore-lin. nil 11,.' I ri.aii, Kn.,'lish, III ..f all imtions are allowed to hunl. lish, and Inule without moleslaticii "I Ihe waleis of Iiehrim.''s Sea, adjacent l.i h'lis^iaii ]idssessidHs, pidvi.liiC4 they respect the slnircdili.'. 'iis'^ian Consul at ^'(.kallanla has in th.' |iast. and undinihlcdly .Iocs al the lireaeiit. issue orders le I'lrlii'S lilting, dill I'.ir hunliiie in tl lieliiiin.,'^ warnine theiu mil to intrude on the shore-line, lluii sii iiiiiny miles I'mm shore, thus piiictically adniitlint,' that she had no claim lo this ojien high 288 Roa. Is not this fiut alnnp sulliiii'iit cviili'inc timt she iicvci soM tn Ihi' I'liited StiitCM whiit id now clftiliicit sill! siiM ' Shi' S(iM wliiil she nwiicd, iiii'l thai wius the shoii'liiii' ciiily. It si'uiiis that this iiiia;,'iiiarv hiiiiiKlarvliiic' as set dnwii (Ui iIk^ Chart nrijjiiiiiti'd in imajjirmtinn riiiii'h thi' same as many stmics, ami aflri- hi'lnj; luhl awhili' is aecepli'il as n fact am! Iii-lic^vc! Ii 1« true, even hy the piTsun wlm hrst tuld the slmy. Hut when it lliiiicpiii;h iiivestiniitinii is niiiih', it u ruiiiid that they will m>t huld wiitei', iinil are matters iil' lii linn nnlv. Ilaviii',' now reviewed this i|iies|iiin, we ask our eiKlerii ('on^;ressmeii and Senators and l-jisti.ni news|iii|pers to examine the nieril< of this ease, so that wlien tliis iii,|iortanl measure eonies ii|i tlicv will know the lull value of the sauii\ and will act in the way ihal will he for Ihe hest inteivsl of tin. luost ]ieo|ile of the I'liited States. When .Miiska was jainhased, it was iiiidoiilitodly desioneil In U for the lienelit of liie masses, ami proliahly not to eieiile ii iiiouo|io|y fur the lienelil of a few men iinly, Ihi'ieliy relardiiii; ihe urowlh ami developiiieiit of this very valilaMe 'rerritury. We also think lli.' laws shiuild he so amended thai a |iersoii could aii|uin' iitille to projieily, and so iliaiijjed lliat a wliit.. man (-onld have the |uivile^'e (pf killiii^ a mink or an otter for ils skin wiihoiit liist nmrryino a .sipiaw; MS the law now reads, no wliiti' man is allowed lo kill any rur-heariu;,' animal unless he marrii's :i .sipiaw. This is not eouiniouly understood, lail is a fael, and is a ipieer state of ad'aiis, and one tliat would not he ndished liy jiarents haviii',' sous that wouM like to ;,'0 to Alaska, more espeeially if tln'V should have seen the I'eports of Miss Kate Kiidd on the woniiui of Alaska. It should not he lorootteii lliiit this is Ihe tiist inslanee in Ihe history of the (lovernmunt of tlu' I'uiteil Slates in which it has ever piirsucil a |)iilicy lemliii;.; to create a monopoly. All ils hvi ndatiim to other portions nf the pulilii' dpuiiain have lieeu framed with a view to invite i ompetitiipii iiml ]preveiit inonpipiply. Such is tic spirit which has actuated ami ooveniisl ihe ]ue.eniptippn, honii'slcinl, iiiiiip'ral. aiipj olhi'r laws rclalini; to llic piihlii' property. The theory has licp^n that such jiulilic prpijip has lieeii vestcpl in Ihe ( loveriinii'iil, in trust, as it wcri', fpir all its cilizens. The pipiposed lef,'i'*! with respei't lo the Alaska seal (isheries will h,; tln' lirst exception to this nnivcu'sal pidicy. Ii there is no s)ieiii'.s of the pnhlic properly which has heeii nipire iiecniiarly re;.;ardeil as the cm, hi'rit,i.i,'e of all than the llsheries. Thus our (ioverutiient has liei'n hir years jiasl eNpeiidiiio the iipi.>; elalioralu ellort- in tiiufi and money, to hrin^' ahpiut such an ad.justmenl of Ihe fisheries ipiestiipii on the Xpprth Atlui'i;, coft.st ii.s will op(.-ii them to all American eitizi-ns. It is at leiust sin;,'uliir that, the moment we cross the eoniii;iht, this nstahlished puhlie policy should entirely elian^'e, ami tln' waters of the I'acilii' lie enct'd iipio a monopoly for the heiielit of a siiiLile Corporation, In conclusion, we cannot helji lait review ilio fact that it woulil he viislly to the hest interest of the I'ucilic coast, and to the wIkpIu of the pcipie of tin,' United States, that tlu' (iovcmmenl should tjikc char^'e of the si'al i.slands, restrict tlii' killinj; to 5ii,0(i(i seals )ier year, ahaudon the present had piplicy of the jurisdiction of the whole of Itehrin.ij's Sea, and o|)en the Territory hi it« full deVelo|iment. Our Kastcrn friends mi;,'ht iid; j how it wo'dd lienelit them. In Ihe lirst |ilace, it would (ppcii a lirotitahle Held for the employiup'iit of your idle capital. In the second place, half of the aitielos necessary to develop this Terrritory would he drawn fnim your manufacturers, such as hnnlware, canvas for .sails, ship chandlery, f,'uns, elpithinj;of all d«.srripti(in, snch as waterproof and oil clothing', and, in fact, all hniiiches of tiiele would derive some lieiipljt from it. In till' third ]dace, it woulil open a field for the protitahle employinent of liumlredH of your vomi;; men who are alway.s on the watta jihraaeoloi;; waf changed by iUd Heqatu on FirtifQ Kel«tii)iUj •nil it wo nwctfd into l*w •• foUawt. H wliiit \s now in imn|{ination hc'Ui'Vt"! Ii l« II in Illlllll', it H us '.lllll KllltlTll iiiiiii'n up thcv illtni'st nf till' il(«ij;iii'il 111 1» I fl'W 111!.'!! illllv, nl-iii tliiiik tilt' I'll lluil II wiiii.- •niiin 11 m|uaw; ss lie iiiiiirii'i ;i ■s, mill mil' lliiit |in'iiilly if till')' ri'mmuiit nf tlic All its luwj (■rimpctiU'iiiaiiil tinii, iKUiii'slra'l. jmlilic lii"I" losi'il li'j,'!"! pulicy, ii us till! fill. iMiiliii!i till' 111"-'- slii'vii'n iiiii'sUiiii St siiiKiiliir tluit, I'liiuij^e, mill till' I. i- Iwst intert'st of iii'iit sliimM take ri'soiit bail policy olopiiii'iil. , it wiiiilil "iifiia 1 1 1.(1 ilrowii from il' all ilescriptidn, ivc Ml mil' ln'iiplit Is i)f your yomij! 11 roiiipL'tt'iicy. iiitu may nut l* liall, fur raili iifl'rii' •, lir liiiril iml li"<< III, 111 '.'nil iliillais nur niorn il'aii l.lKlil ijiillais. iir iiii|iii.'k, was IIiiti' i vm- in llir \iliiili' liislmy nl' llir wmlil. u |ji\v jmssiil that >liii\vi'il iinilc lUv iiijit^liri' lli.il lliis ildi's ' Can Villi Iiml its paialli-l ' Wi' ilmilil il wlimi ymi luuk nl lIu' arlual .ifl'rnce as I'liiiipiiiiil will; Ilic vail f Illl' jiriipmly taken. Fur iiisiaiur. a miner mi tlie Viiknii kills a mink, lis iiiinkri Milne lieini; less ilian 1 'I'llliir, lie is siiliject In a line ul' pussilily 1.1)1)11 iliillars ami inipri.smi- iiii'Ml fur siv miiiillis, willi llie nil .itimi uf Ills limits, lilankels, piuvisinns, &i'. 'I'lie same [jiw would 1 lieaver ur 11 liear ami nsi' it fur fouil : Imlliare fiir-liearingniiiinnlH, llli'Ml tur s|V miillllls, willl llle nil apply 111 a pluspeetur sliunlil lie I. No. liOG. ('(iiuiiiiil (h'/irr l,j luiiriijii O/flv. — {Rrcrirrd Amjiisl 10.) Sir. Doirniiii/ Sir toii of faiil fi'ttiiin, iinti h.- ^llll|| iilso I'.iusi' iiiii' or mure vesi^cls of tin' L'liiti-il Stiiti i lo ililifently i-riiize in BaiU ^iUTf mill arrt'.t nil )H'rsoli!*, and sii/i' all liers-ms liiiiiul lo he, or tii have hern engaged in nny yiuliitiun of the liws uf the United lilies tiiPTi'tn. t Siliim Itl.'ili of the Rivi.*ril S"tntii(i's \g i,^ lullim-s : • No iii-r^.m sh.ill 'nill any iitliT. iiiiiik, inirten. fahip or lur-i. al. ur .'fher '..r-lLani'i; uiiiinal within the litiiits (it Alii!.kit 'rerritory, or in Ihe walei« 'tiertiif, and every lirniiin jiiiilly lliereul hlinll, ur eaeh 'liiie. he hnvd not h-.^s tluiii *JIMI dullari* liur inuri. Iliaii l.llOO it.dhirn. or ii.i|iriBonini.nt nut nioru Ihan !.j\ niuiilh-. or hoth. iiiid nil H'iiil'. Il.iir liiikh', »ii|mrel, finnilnru, :ind uiirco, (uund enniiBe'l i" viol.ilii.n of tliis scelion. (hall he rorleilrd. Iiut llie .i^.'eriUry nf the 'l't|..niuy »liall have power lo QuUiiirize the killiii:; of any (ue!i mink. in:irlfn, s^lile or other fur-heariiii; iiniiuiih. exeept fur-seiils, aiijrr tiirh'riiiuliiliona 119 he may (iresiTi!);', iind it >hiill lie the duty of II"' .Sceretarj to prevent Ihe killinu of iiiiy fur-seal, and to pn.iiili. for the eicrutian of ihc'proviEioiiK of this ledion until il i> otlieritise proTided hy lay, nor EJinll he grant any tpediU pnulii;. .- iiiidur thia aectioa." [1281 V 290 of Salisbury, a copy of a fuithoi' teloiiram from the Govcrnoi-GpiiLTul of Canada, ri'-pcctinj the sci/urc of the 'Black Diamond " and "Triumph ":— " It appears from a telegram, dated the Stii Aiiuust, from Ottawa, ttuit all adiiuioii;;! information rcs])cetinj; 'Black IJianioiid ' and ' 'I'riiimpli ' i> ueiiij; siMit to-dav; steps have l)ccn taken to secure sworn allidavits as to exact location of si izures and l'oardiiii,'(if those vessels.'' I am, &c. (Signed) Kor.i'jrr o. w. iii:i{m;i!T. No. 207. Colonial OJfii'i' to Foreiijn Oj/ice. — {Rcrriucd Aiirjust 15.) Sir, WITH ri'fci o to the Ic J)iiiriiiiiij Strt'C't, Aiuiiisl 1 I, I >•-■,). fi'oni lliis Department of the oi'd instant resjx'ctin;.' the seizure by the United States' authorities of the " I'.laek Diatnond '' in the J^'hrinir's Sen, I am directed by Lord Knutsford to transmit to yon, to be laid before the -Maniiiis of Salisbury, and for such tietion upon it as his Lordship may think j)roper, a CMpy of a further letter from the lliirb Coinmissioiier for Canada inelosini,' a copy of a I'l til'uii to the President of (he United States from the owners of (he American schooner '■ Sim Diego," which appears to sup[)ortthe Canadian view respecting; such seiziiri'^. The Or(lers in Council of the Canadian (iovevnnieni rererred to Sir tliarlc- Tupper wei-o forwarded to the I'^oreigu OIIie(> in the? letters from this Department of tlio 18tli August last year and the 9th instaut respectively. ■ ' '■ I am, &c. (Sigued) ROBLIIT C. W. Hl'RBKKT. Inclosure 1 in Xo. i2()7. Sir C. Tupiicr to Lord Kniityford, 0, Vicloriu Ckainhcr.f, Wt'stinlnstcr, Lmvimi, My l^rd, Amjmt '.}, IJ^^i'.). "Wri'II referenee to my letter of the 'ind instant on the subjict of the h 'i/iivi' uf British vessels in the Behriug's Seti by the United States, I now have tin.' hoiioiirt'i transmit, for your Ivordshiji's information, a eofjy of a I'etitioii to the I'resideiii nltL' United States from the owners of the American sehooiu'r ''San Diego," which si'cm* to support the Canadian view of the matter. "\A'ilh re^■al■d to the Aivieriean proposal for (he esiablishiucnt of a close time lor the Behriug's Sea in relation to the seal-lishing, T should lik(; to refer your LnriNhiiilo the Order i'.i Council of th(> Canadian (iovernment, dated (he Kb .Inly, I '>'-^. which deals ver. fully with this jiart of the question. I think bo(h Lord Salisbury and your Lordship, after a careful perusal of this document, will cotue to the <'onelusion that th(! adoption (if the proposal that is discussed would practically mean (he exclusion of our rishermen from the Jjchrin;'' Sea, while, at the same time, i( wotild opei';it(! entirely (o (he benclil of theAlnsk?. Commercial Company, with whose privileges it would not iiiterlVi'e. !( also demon- strates, in my oi)inion, thtit then; is Jio scarcity of seals; that any indiseriiaiiiiitc slaughter that (tvkes place occurs on the islands on which the American Coiaiwm' piu'sues i(s operations, and thai (he seal-lisliing itidustry loiulit b(> extended cmi- siderably wilhout any ajipreciable elVeet upon the supply. Snjiposing, bowe\er, tlmtn necessity was found for sonu' nu'asures for protecting the seals, a proposition lil'lli'' kind should be made upon a ])rop(;r basis, \vhi(di would ojh rale ccpially again-l all. and not be a partial merisiire such as that suggested by th(> American ( Icneriunent, Ih' adoj)tion of Avhi(di would be lantnmoinit to tiic exclusion of British \esseK t'lDiu partici|)alion in (he industry. 1 liave no d(jiibt that your Lordship has seen by this time the furl her ( )iji.'ri:i Council of the Canadian (iovernmeni apprised l)y his Kxccdiency the Governor- General o!i the 'iSJtIi .lune, 1SS9. This also contains inrormation, mu(di of it friini AnuTicau sources, ])roving beyond doubt (he jus(iceof the lirilish claim to e(|ii:.l riglits w ilh the United S(a(es in the o|)cn waters of Behriug's Sea. The right nl 111' American Goveruuicut to make lle^ulutious with regard to the lishing ou the islauii.* 291 anil till' niniiilaiid, and la the walcrs vvitliiii tiic S-inilc liinit Troni tlio slion;, is not (lisiuitcd. liiil Im'I'oi'c tlic piircliasc of the territory, tli(( L'nitod States dissented in the stidiiuost ])ussil)le maiinrr to any (daiin of cvtdnsive jiirisdielioii by anotlier J'owerin the ojKMi waters of the sea in (picstion, and it is only coniparalively veeeiitly that timy limr advanced tlieir claim to rcirard the open sea as I'nited Slates' [irnperty. Her Mr.jcsty's (Jovernnieiit hav(,' always resisled such a contention, and I cannot doubt tlril ilicy will now take sneh steps as will insure the prompt settiemcnl of theqncstion by the withdrawal of the (nitcd Stales' (iovernmeni from the jiosition they liave taken up, and not only thus enable Ih'iti-h vessels to eiii^-an'c |)eaceiully. without Tr.olestation in liic lishery iiulustry, in accordance with the rights eoitcciled by international law, hut also demand reparation in favoiu" of those jx'rsons whose vessels, e(|uii)moiit, and cariTii iiare been seized, and of those v.]u> have in other ways sull'ered injury in (;onsi'. Tliat althinigh the trial and cundeiiination were had under a belief shared liy all p.irti's to tile procccdiiiy: that an appeal would lie lor either party aL'aiust the decision of tlie iJistiict Court of Alaska, am! although such a-, appeal was duly taken in mir behalf frniii the .Iiulument ol Condi mnation, it now appears cxceedin!.;ly doubtful whether the Alt of May 17, 1884, which organizes a judicial system for tiie territory of .-Viaska, pennits rights of appeal in any case not strictly criminal. ■1. iiccause the Allornev-t!' neral, in 0|iinious rendered to the Secretary o( the TrcMMiry under dates o( the lUtli .March and li/tli April, K^H7,has held tiiat the rcmissory ]iuwci- ciinlcri'cd upon tiic Secretary ot the Treasury bv sundry provisions of the Heviscd Statutes docs not c.\tciul to our case. From the foregoiiiL,' summary of the grouniis of this Petition, it will lie .iccn that we /re ill (Linger ol being for ever di'inivcd of our propertv upon a (loubtfid state of liicts widiiuit a lull though a legal hearing, under au a;)|iarciitly mistaken belief on the part of lilt iii.il .Judge and Council that means to re\iew the decision of such Judne had been proviilcd, and with no other cH'cclual remedy now left to \i3 than to resort to the constitu- tional power of the President to grant pardons and remissions. It has been said by Air. .Attorney-Chiural Cashing {') {)|iiii.. -1^>=). that the power of remission is proper to he exercised in ca~es where doulitliil quc'-tions of 'aw are involved, I, I- where parties are so situated that a due process of law cannot or has not lieen liiid. Our ease is at least within the spirit ni this opinion on liolli points, t'.vstlv, because \w "M not had, and sceminuly cannot have, one fair dav in Coiiii, and -ee iidiy, because if our vessel li.id hccn engaged in killing seals in the waters alleged (a fact \\hicli we deny), |t «o!ili| l)u exlremelv doubtful if such killing would he an ollencc against anv law of the tiii'.ed Stales. I^jii-ii this point wc icier to the decision o! Mr. Seen liiiv liuutwell, of the Treasury [l-'M] ■ 2 P 2 /.92 Department, icndcrcil in April 1872, wherein he held that the tiil\ )l" fur-seals Bell ri nir's .'^'ea was not unlawful unless attempted within a marine leairiio from the s'.ioie. We need not remind your Kxeellcncy that the same position is held io-tlay by the (iovcrn- nieiit of the United States in the matter of the Canadian lisherics, and that the thnv British \'es^els lately sii/ed and jiidieially eoudemneil for seal killini: in Helirint,''s Sea have in ohc(!ieiur to the naiforni and unswiTvincc doctrine ot our (lovernmpp.t been upon tiie (piestion of what constitutes the hii,h seas. When we add that our vcnSi- sei/.ed in the same waters at the suine tinu'. and eondennicd in the same ('(jurl prceisely the same grounds th. liiiti sh sealers, reeenllv set li'ee, wi i|)f)ii th til niiieient, and reasonable Th ere is no ijrounds why the rei)udiated headland doctrine should not lie a'^ainst us. pretence set up in the evidence snbnutted on the part ol' (he (lovermnent that our ves-cl was sealinj; within the ;5-milu limit, or was actuallv eauijht catehini? seals within the wattMs :)f I? In the ease of the '" (Jecan Stjrav, I'I'orled in 4 L 10.) .mkIp: Judjii' Deady iield that, to con>litnte a violation of Section l!l."i(i, Revised Statutr which law our vessel was eondennicd, there must he an actual kil in;: estal.li-hed. Permit me to observe that if the fcjrfeitme in our ea-e shall be permitted to jiand, tl;n anomidoiis sncetaele is |)rescnted that alien persons and foreiu:n vessels ai'e pciinitled liv r Govei'nmcnt to pursue an industrv and receive tlie n;ercy of pai'doii dcnird to citizeiK d vessels of the Usiited States. N o such diitieclion in matter of ri^lit and law between av.n bv a Tcderal Administration. aliens and American citizens has ever hi 'i'lie tacts of this case, as shown by the pi Secretary of the 'I'reasurv has not bci'U permitted to examine bv reason of the ndvcrs: opinion ol the 'I'reasurv lJe]iartn\ent, which tlr. The A the .Attorncy-tieneral upon the (piestion of his jiowcr to remit, are as follow- mcriean schooner '•S; ni Dieirc ol .")(» torjs burthen, owned bv andv an( ] (•■ American eili/cns and mere hauls it >an Iraneisco "a« ck'artd at t cssrs L. N. port for a central huntini; anrl lishing voyai^e in the Nf)rth I'aeilie Ocean, on or .-iboiit the 28tl ls>i«. She eomnicnecd seal killin ill' t\\c I'Mrallonc l>land-i, ahoii' liO miles from the (Jolden (Jate ; continuing' noi'th, she hmited and fished i<\\ tieit ocean iin to ('mil ska I'l which she entered about the "J-lth .li Tinnin',' wotward toward Cojipir Island, in the Hussian waters of Hehrinn's Sea, then heading e.istward and smith )f the Ale'itiau G she made lier w av into the i'aeilie Oeear id sailed eastward ' Onnalii a I'ass was sighted. While opciatiiii; outside this Pas-;, a comina; slerm duced the vessel to run throuLdi the Pass into liehrinu's Sea for safetv, where she «as L'cd 'and without ob.-ervation for three davs. W len the i'o'j; lilted, -.he was found to be olf Ol iialasli a island, ]'.-. lU' \o miles I'roni anv land. Ilei''' she was boarded fio'ii the ii eveiuR'-eiHtcr "Coiwin" [?! 17th Ji 188( ), and was siized because the bnardi oliicer mistook ll.e purpose ot the n aster's answer, that he had killed a I'ei U elunmsSea; the master rclerrm;: to some thirtv se.als taken near G Kussiaii waters, and tlie 1: loardiiu: ollieer s ppi Ishi supposing- him to admit that he had liei within the water houiidarv of the Unittd States. The ImardinL'' ollieer was also misled hv the presence of skins of tw'eiilv-two sealskins had hi reciiitlv killed seals on board, the explanalinu lieinu tJKU sarr taken lU the Pacillc Ocean, oil Ounal i' 111 lore ninnn': in for slu'lter. and had net been malted, because i'ou'j;h weather and lou' had prevented llir caivfiil |)roee.-s cf eleauin::, saltinir, and I'oldim; lioiu beim,' carried upon ihe deck ol ni i!s-el IS the lU Die^'i t ap[)ears that the (Avneis of tiie '"San |}iei:o " bad e.vpressly i.'i^tr'ieted the nKi'-ter not to uu< rl; re w i th H le pin lie ires of the Alaska Coai (' iiaiiv. nor violate the uw in air. p:irlicular, and, altb(Ui;;h w hold that, .under the riilinu; of .\'Jr. Seerei Uoulwvil, the diploiii itic eonfcntioii ol' one (iuvernment, and the dot trine recoirnizt'l in the recent release of the Ihitis,!! sealing vessels, our vessel niiuht lawl.illy have taken serJs ill the \iiv I laee win re the ollieer found her ^vitll fresh sealskins on board, we are olili'.'d to adhere to the contcntiiiii that she did not take any .seals in tliat place nor an\\\ln'ri' thcreahiiuts, because the i videncc shows that not a skin was ohlained in the wliolc ol Kehri hv II e.\..e|)C mar Copper Island, in the 'I'l R liss lan jnri>diction. W leii (li>eiiv('riil e iievemie-eutter the vessel was eiitiicly inactive, her sf aliii'.; boats la-lied (vi di(k. waiting lor an opj'ortniiilv to get out upon tlie oee.m to continue her Ini-ines-. Ii would appear from (he testimony of Liciiteiiaiit Cantwell. of the il veiMe-eiittiT. (liui he asked the nuistcr (d' the schooner if he did not know that ic. wns illeeal to takr seals around here, and lie answered that h.e did not know that il was against the law so lOll'J he k 'pt a iniuine leanue ffoiii the slioie. li.s aaswe! U'ests a pn!..sii>|e inti'ii- tion (d' taking seals in that vicinity if o|iportunily olfered, but the liiet is that n were taken, nor dms it a]ipcar that any cinld have bt'cii taken up to the time e| ihi' .seizun; ol the vessel if the wish and purpose to take tlieiii hud twisted. It is very cviileiit 2'.i:i Iroiii (lie \\\\- tl it'coril thai wo, tilt' |>ic!' his opposition and our an-wers are as follows ; 1, I le Inidnj dtl jcliiini: : lard, toi;etlier with the a(lnii->i()ii o f till rtjiiiiped lor tisiiiif.', ' naster that a I'ew had ith I'r tal< en 111 lit lirinn's Sea. raises a ]iresuinptiiin au'ain^t our present evidence that no seals were taken 111 Hell rnin s Sea except near ( ojiper Isia To tl lis wc answer, the vessel was openly rittcd and dispatched for seal-lishiiiL,' ; that the tush skins on lioaid eould not reasonably have 1 iceii cleaned, saltci 11(1 ikhKl'iI helore seizure, d that the iiKi'-ter (1 ref'e liis se.diiii; operations near Copper Island when he saiil be had taken a tew .seal reiiec to m The Distiiel Altoinev that the answer of the nia-tei', that he thought seal- lishiii',' lawful outside ot' a ^l-inile limit, raises a presiiiiiption that he hail hem lishing outside, thoie'ii within the water bouiidarv i)i the United States: to whieh we replv that this an tliiMiiihf he unient niiikes for rather than a;raiiist our present application, hecausi; if the master bad I le li^lit to seal outside the ile limit. Joiti^ so would be innocent, ill lact even if illef^al a( law. :;. Says the District Atforiiev, the legation tiiat the vessel was driven tlirou2;li the I'.iss i to Hehrinz's .^ea is iin[)roliahle, and throws suspicion upon the merits of the case. Ills nmiiipoi rtant observati( 1 ,ibtle u'ises from cnnfoundini' the volunlarv passaa-c III till' vessel throiiL:h the I'.iss to eseapi' a storm, with a supposititious driving of the vessel thr(iiiL:li the Pass by the wind. •1. Says United States' Attorney that, although the owners of the v ssel were ripK'H'nted by Counsel, they did not produce at the judicial heaiiu'.;' the imnortant testi- low oH'cred i:r purlc i'lr irgumtut is met by the circumstance that the ov )f th . ss(d bad no e| 'poitiinity to select Counsel for thcmselvis, nor to inllueiice the production of evidence and arunmcnts in their behalf in that distant locality, and hence it would he hard to bold lliciii lesporisible tor a failure to prcdiice evidence at the trial, whieb tbev admit the retained for them bv the captain ought to have pro( lucei mil I or tile noii- iruilu.-tion of which said Counsel hive been dropped from the ca-e. Tiie c iptain who (Miipluyeil tli( Counsel at Sitka thought his oun testimony oiiirbt to have been taken, but he I id rot feel ipialiticd to (piestloii the judunient of bis attoriiev> The Distrlei .\tioriiev In the nu'iils of the ease can be hitter determined or the neiiihp Appeal from the jnduineiit than by an exccnti.e proeecdinu:. this arnimient is lel'utcd by ciicumstances that, so far as the Statute Hook shows, I' is no Couri in which the Appeal, takiii at iari,'e to the Circuit bavin;.; appelalivc diction, can he located (;r (letcriniiiehinc! is lawful in any ])art of liehiinLt's Sea, except near the is! mds of St. Paul, St. (leor^^e, or within '.'< miles of the shore. Havini; iilcd with the Secretary of the 'i'leasiiry the papers upon which \\(.'. rely to sustain t!ie jiositioii taken therein, and convinein;; evidence of onr ijood stanilintc as citizens and mcreliaiits, we pray yonr K\ccllency to lake this Petition into prompt ami f'avourablo consideration, and release us hcnceloith from the serious and eontinuin;; loa< that we have undeservedly sutl'cred, and .are suHcrins?, hy the seizure and retention of our vessel e.nd earuo. i;i whieli no third parties are inlerestecl as informers or captors. lu>peetfully suhmitted, (Sii^ncil) L. X. II.VNDY an'd Co.. (.'.(Hiiiiiissinn Mcrrlidvlx. Xo. 208, Forriijn O^firr to Cnloiilul Office. Sir. Forclyii Offia; Auul 17. IbSi). I AM dii'ccted hy tin- Murqiiis of Salisliury to recjuest that \ou will slate to Sccrelaiy Lord Kiiut'^ford that, in liis Lordship's opinion, i! is very desirahle. pendini; the receipt (jf lull details in regard to the recent seizure in l>ehriny;'s Sea hy the lj!'.ite ?■ !. -rted to have arrived salcly. Had she troiie to Sitka, she \w)idd, in all proi):ihility. 1 live been deehned hy the United States' District Court of .\l,iska a lawful prize. S' your Lordship will venieniher iu the caic of tht, British sealers which were seized (iurin,' 295 i!,t !:;st twn years, and alter seizure were condcMiincd by the United States' District Court ot Alaska, the United States' CJoveru'.nent ay;re(d to release tlicni on tlieir owners i^iving liond to anpeal to a hiuliir Court. Kew, if anv of tliein, availed tlienisclvi-S of this peniiissioM, and tliey were ultimately sold hy |)ul)lic auction. I have been given reason to elievi lawver of some standing' in this citv, that throng defect ill the lcu;islation atfectini; tiie territory of .\laska, the only a|)pcal that could have heen made in till- matter woidd liave licen to the Supreme Court of the United Stales. I cannot anticipate that tlie United States' (ioviriun 'ut would try and justify before that Court the seizures hy a pretension that the IJchiinir's Sea is not an open sea. However imich their action and the action of Congress may appear to put Ibrward and maintain such a pretension, it is the i;cncral opinion that the Supreme Court would liot hesitate to iimuounce itself a'';iip.st it. Oi at the United States' ( Joveinnicnt would base their claim to exclusive seal- llshiui; rights in tiie l}ehrini;"s Sea it i- diftieult to foresee, but in conver.-atioii a ~hort time ai;o with a politician of very bii;li standitiL' inidcr the late .\dmini->t ration, 1 learnt that the following- arirnmcnt hiis been l)roiiL;ht foiward and used hv one or more of the most iroMiinent lawvcrs in tiie Houses o I tllO.M' il' C on',M\>s 'lliev maintain that the "seal nation" in las I careliilly p ts domicile, hrecdinj;-;,'rounds. &c., on United States' territory, where it is id protected hy United States' law, and consctpiently they do not nit tiiat the scid loses its nationaiity when its h.abits cause it to temjiorarily absent itselt IVoin its home. I''r()ui what I gathered from the ''entlemeii al)ov e I'cterrci to, 1 feel eoniident that; was one of the chief ari;innents wliici ht have been used bv the United States' flovcrnmiiit had the matter been hrouifbt u|) to the .'^ui)reiue Court during' the time that ilic late Adniinstration wa< in ])ovv{r. 1 have, .Vc. (Signed) H. G. KDWAllDI'iS. No. -'10. Colonldl Of/irr Id Forriijn Offiri'. — (lii'ccivi'd Aiii/iist "JO.) Sii, DniDiliuj .'»'(nv/, Ji((/i(.s/ lit. I>89. Wrril rct'crcnce to your letter of the ITtli instant, I am directed hy Lord Knutsford to tiaiismit to yon, for the iiil'ormation of the -Marcpiis of Salisbury, a copy of a telei;rain ^\liich has been addressed to the (iove',nor-(ieueral of Canada in eoimection with the r>cliriiiu-'s Sea seizures in I'S'i'i. [ am, &c. (Signed) .K)H\ r.KA.MSTON. Inclosiire in No. i.'l(*. I.iiid Kutilsforil to Lord i^ltmli'if of Prci'lon. (Tcle;;raphic.) Coloiiinl Ojllrr, Anijiisl 1^, lS!sy. rj' is vei'v miusual to jjivss for a reasonable ehantX' of obtaining, it Irom the Tribunals of the country. llcr Maje.-ly's (ioveianni'iit consider that they ^vonld he in .--irDngcr [losition lor lii'alaii; (iiplomatically with ISihiinij's Sea eases if appeals on lss(j seizures were pushed on. No. -ill. Ciiliiiiiiil Office to Foichjii OJ/in: — (A'crr/ici/ .bojiisl 11.) Sir. Dowiiltuj SIrrri, Ainjust L'O, 1 '-'Si). WITH referenoe to previous correspondence 1 am directed by Lord Knutstord to ''■aii^mit to you, to he laid before the Marcjuis of Salisbury, a copy of a despatch troin the <"ivL'rnor-(;eiieral of Canada, with its iuLlosures containing information resiieeting the 'pccrit seizure of the schooner '• Dlack Diamond" and the detention of the schooner Ti nuai])li ■' in Behring's Sea. I am, tS:c. (Signed) JOHN" BKAMSTON. 29G Inclosurc 1 in No. 211. Lord !^hiiili'ii of /'/'('.v/oH (0 f^nrd Kiiiilsfurd. My Lord. Cilmld, Q,i,-hn\ Aiujiist S, 1S8!). I.V tiiiii^iriltiiiLr to your Lovlsliip such iiil'Drni.itioii !is [ Ikivl- hr-cii ahlc to procure up to tlio pr( si'iit time rt^pcctiiii; llu> roccnt seizure of' tiic sdiooni Bill tiic (kfciitiou of the scliooiipr " 'I nuiniili. Ml Hell Soil, 1 <1( ni it niv iliilv to )rii)i; to your notii'c the very stron-i (iclinir wliicli isiuisiiiu: tiiroii;;liouf the DouHiiiou conseipicnt iijion the continued seizures of Caiuuhaii vc^si'ls upon the open rca. nnd tiicir coiiilernuatiuii in the United Stales' Courts oC law. A sense ot irritation th ihlic iniud not onlv iiirainst tl ic Oovcninient of the United States, hut amiiiist the lni))erial (Jovernuieiit, which ina\ nt niiy moment ivsult in serious trouhle, luid tliete is reason to apprehend thnt, it" tlic supposed inaction of tlic Home (ioveniinci;! continues, the sealers may he driven to armed resistance in defence ol' what they helieve to ho their lawful calhii'.:, siiid it would he fiiflicult. if not impnssihic, (or the Dominion (lovernment lo jirevent such a state of alfaii-;. 1 had liie honour reeentiv to inclose to vour i.,ordsliip a .Minute ol the I'rivv 's Sea il eontainim;; a very full recital of the past history of the so-called Bchri cjucstion. uiid 1 must express th'-' earnest hope that your Lordsh Ofiicc to ',ake such steps as may tend to an early settlement. lip will move till . .ireifjii Up to the "iresent time there has hecn every (lis|)osition on the paif of tin I ana('ian people to rely on the maintenance by the iiiiiierial (;overnnieiit ol the iiiter- national rij,dits which the Foreiii;n Othce is chaiiicd with the dulv of |)rotectiiii;, and il' tlic (picstioii of the free I'.avigation of the North I'aeilio (or 15elirini;'s Sea) were fully maintained, I do not think that any reasonahle measures which cmil tlie (so-called) seal fishery would meet with a refusal In (1 he proposed to: the proteetuin ul I Imve, &c. fS^ V'UCi 1) STANLKV OF I'KKSTON. ,;■■>■ [nelosure L' in No. 21 1. Lii'iiliniiiil-Coloiirl John 'I'illoii In Sir Joliii M(irdon(ile reply imnicdialely what steps lu'deral (iovcriiiiient will now take in the matt(;r. .Meitiiii; t.i-day of those interested, who strongly urge this incssaire. Senator Macdonald ol' 'rormito heartily endorses action of owners here. In ineantimc scaling business i:.leresl> e.impletelv pai'.ilyzed.'" Inclo-ure 'j in No. 211. F..ili(irl frnm I'lr '• Ollnini I'.irnhuj .Itiiininl ,'' of Jiihj 'il, l^S'.). Tin: Sk.m.kk Skizi'ki;. N(()i I'l-fiurisro. Cdlii, Jidii HO. — The .'-(caliicr ■' Dora." fiom luiirinu's Sea, liriiiL',^ the first d( tailed news of the capture of the British sealer " Black Diamond," hy the United States Kevenuc-cuttcr " Richard liusli," on the llth .Inly. The " Kush" overlook the "Black Diamond" and ordered her to heave-to. The captain of the " Black Diaiiioiid' refused. Thereupon the commander ol' the " Rush " (jrdered a lowering of (lorts and 207 niiiiiiiii; "lit of Kliiis, wliicii ciuisi'il the >lciiiiR'r t l.iciitiiiimt Tult'c liDiiidid tlic I'liiylisl] cisill aiirl .■(•■l. i ' IJIatli DiiUiioiid " ollilcil IK) iiviiK'd resistiiiiii licav(-i(i. ('iii)t.iiii Sliopard and ■d tor licr |j»|i(r-. 'I'lu; otliccrs (it tlm - - _ ., lull nl'iisL'd to deliver the (nipers (':i|itaiii Sli('|)iii(l at oiu'c hioke oj di tlie caliiii, and loited llie liiiiL;cM off tl ami tlic eiiptaiiTs cliest. tl ctcIiv si-i urili;: llii- |)a|c;~. \ >.cari li of tlie lOjOt'i: s alskiiis, wliicli liad hei'i l..kc;i in liidiiiir^V Sim. ('a|itain Slir|iai(i |il,i(C(l a non- cnaiiiiif^^ioiH'd ofiit'er lioiii the " Kii-ii '' in eliarye of llic •■ lilack Diamond,'' and \w stroll!^ liox VI >-(d disclosed 'd k use cnaiiiiif^^ioiH'il oilR'er lioin the nu-li in eliarye ol llic •■ lilack Uianiond, and ordcrci (JLc \cssil to i)e taken to Sitka to await I'uitlier in.^tinciion-. 'I lie captain of flic " Blacl Diamond " stated tliat wlieii in Victoria he had l)eeii ordered to pay no attention in cas lie w.;s overtaken hy the " Hush "* and lecjuested to heave-to. lie said he would not imv_ sinniuieied if the " Knsh"hadha(l an inferior force to his own. On the 1st July the Rcliooner •' 'I'liiiinph " was al^o hoarded hy Captain Shepard, hut no arre.-t wa.-. made, the skills Oil hoard having' hccn captured in the I'acitic. A passiiiger who ariived on the 'Dora'' said : "Oiionr way down from St. I'auPs l.slaiid w( " Kiish " iJursuing. Undouhtcilly hy this timi; the '• Uusl onjiiiircs." ^uw six scalers and the has niade additional Vaplniii Shepard's Rrporl. IVashinrjton, Juhj 'M. — A telejrrani from Captain Shepard, comniandini; the Ileveiiue- htcan;er " Kiinli," says he seized the "' JJlack Diamond " for violation ot' section lf)56of tlic revised statutes. 'J'his section was incorporated in the I'resident's I'roclaniation of the lilst March, on the suhject of seal fisheries. It iorhids the killin;^, hy unauthorized [KTsons, of seal and other fur-hearin;; animals within the limits of Alaska or in the watei's thereof. The penalty provided is a tine of from 'MO dollars to 1,000 dollars, or imprison- ment for not c.xceedini; six months, or hoth, and the I'orfciture of the vessels violating Ike law. Inclosure 4 in No. 211. Ej-lrarl /row llir " Ottawa Citizen" of Auijiist .'i, Is8!). |{i:iiiuN(;'s Sea 'ruoLiii.Ks. (Tiy tek\L:raph to the "Citizen.") W'lishinijtdn, 'j.ml. — The seizure of the British sealing-vessci " Hlack Diamond" hy the lU'Vcmieeiitter " Hush" is helievcd to he the hciiimiins of a series of seizures which must lead to some delinite undcrstandiiii; hctween the United States and Great Mritain on the fuhjoct. (ircat ]$iitain has emphatically expressed the o|)inion that the United States' (j'lneinnieiit has no jurisdiction over the liclirinii;'s Sea outside the ;5-niile limit. Our (jovirnnicnt proceeds on the assuniplinn that it has a ri^rl.t to jirotcet the seal in any part 1)1 the ISchrinn's Sea. althoui;li the State Depiitment has never stated that assumption in direct teiiiis, and all its ollicial utierances on the suhject carry the convicliciii of the Department's eonsciousuess ol iiiahility to estahlish the claim on the hasis ol' any 'I'rcaty a;;iteii,ent or international law. l''.veii the Acts of Congress do not anywlure as.-ert a (iiiiiii over the whole of Behring's Sea, hut only over .\laskan waters or the walcrs adjacent III Alaska and to our islands in I?chrini;'s Sea. Indeed, the one plcii upon which the liiitcd States' (iovcinmcnt captures scalinir-vcssi-ls all over the thou-aiuls of miles ol' w:itir within IJehriiig's Sea is that the wcllare of niankilid rc(|uires thai the seal shall he liii'trctcd from poachers. 'I'lic lMii,'lisli liovernmeiit aijrecs that the seal should \w carelully priitcctcii and preserved, hut contends that it has a ri;4!it to he consulted as to llic iiKlliDil of iJi'Dtcctim; the se.d on the open sea. 'I lie I'niled States' (iovernmciit is unwdlin:; to take olhi r Governments iiit'i p.irtnei- i-liip ill I he husiness, heeause the seal really beloiias to the I'rihyiov Islands, idlhounh it soiiietiiius 'trays to distant watt IS to s|)end the winter. JS'cvertheless, when it comes to H erisjs. (his (ioveriiment will [iroliahly have to admit that it has no light to say, inde- liendciu ol other nations, that seal /hall not be taken 'iOO or 300 miles from shore. It «oiil(i not he surpiising if some serious collisions should occur between the seal-hunters and our Ucvenue-eutters. The scalers are out ii' numbers, and the seizures that arc sure to lie made this summer must bring tliinu:s to a crisis and lead to a settlement of right in 'lie iiialtcr. Sir Julian I'auncelote will have big business to attend to when he letuiiis to "asliiiii;(i)u. lie will doubtless hrir:.r buck with him some urgent representations from [!-•»] ' 2 ti 208 Lord Salisbury. Sir .luliaii -iiid before sailinu; lor luiulaiul lliat up to tiiut time tin- subject liad not been talked ol at all lutwccii liiiiiself and tlio State iJijiarlment berc. Tbc .seizmi' and siareli oC tbe "Triunipli," wbieli was alterwariis ri Icu.-ed because no sea!.sl>ins weio found on board, may be a more serious mutter tliiui llio seizure (if ilu " IJIacU Diamond," for it involved the rii,dif of tbe United StnteR to seize au'l scnnh suspeeted vessels outside of wiiat arc coiieeded to be tlic limits of tlif jurisdietio!; of the Umted .States. tUni(/or, Ml'., 'isl. — Secretary LSlaine ])as-ed tliroui,'li tliis eity this evening,' m roitlp to ll-u- Harbour. A reporter (;alled bis attention to a declaration in ii Piostoii paper that it would be imjiossible for the national Government to "sustain tiie preteiisiim of .""Secretary Ulaine tluit liebrini^'s Sea is distinctly American water." Tbe .""'ecretary nl State siniplv remarked tbat it miijlit be well for the r.ai'.er in (jnestion to imiieatc tln' occasion, olbv'ial or unoflicial, where be said anythiii;j; at ail on tbat jjoint. ilr. Jilaiiiu added that cverytliiui,' done on the fur-seal (iuisti(ju since tlie Uh of last .Mai'ch was in literal oomplianee with the directions contained in the Act of Consjrcss which was apjjmvcii by President Cleveland on tbe last day of his term. Inclosurc .') in No. 211. I'lxlrnrt frnin llic " Ollaini Cilizcii " of Aiujitst 'i, ISS!). Virlnrin, Jt.C, 5//(. — The most astonishini? tbin;j; tliat has l)a]ipeneil hero since tiji' foundation of the town was the ariival in the harbour yesterday of the " lUaek Diamoiiri.'' Captain Tbonias, which, on tbe lltb .July last, was seized by tbe .Vmericpn Uevenue-eutUr " Kush," lor the alleged illcu'd capture of seals in IKiiriMj;'s i^ea. Captain "" :)mas, the moment lie stepped ashore, was met oy the owners of the schooner, and lo tlu in he reported tbe facts connected with the interruption of bis vessel'.'? sealint; tri|), lie sisrhtcil the Ueveunc-eutter '• Hush" on the 1 1th .July, o miles away, lie was catching' seals iit the time, and was 70 miles off shore, lie immediately made sail, intending' to elude llif cutter and avoid any jiossible trouble. 'J'he wind, uid'orlunately, was lather liccht. aiid tli" " liiish's '•■ enj^ines enabled licr, iuaidc of an hour, to overhaul the " Black Diamond." Tlu- ('i)iiiniander of tlu; ''Ku.sh'' at tiist si^nidled the schooner to hea'. c tci, but i:i' attention beincr (laid to the order by Captain Tbonias, the " llusb" stcanieJ :d;iiost aluni;- side, hi r t'onimander shmitiuic out his onKr for lur to lay to. This he did three tiint-, but Captain Tboni;is still payini,' no attention to him, he stcantcd aliead of the ''HIm;'!; Diamond " ami lay across her bows, compelling Captain Thomas to haul his vessel up sharpiv and lay to. Ti;en Lieutenant Tul tie, three other odicers, and two boat-loads of Yankee sailuis came aboard and be^an makinu; an examination of the " IJlack Diamond " hold. Captain Thonuis demanded an explanation, when Lieutenant Tnttle informed him tbat his vissil was und;.'r seizure for the illeiial catching of seals, and demanding the " lliaek DiamoiKi's" jjapers. Captain Thomas indignaully repudiated the charge tbat be was acting illegally, and refused to give up his papers. Lieutenant Tuttlc argued, demanihd, and tbreaieiieii. and linally, after tbri'c distinct, emphatic refusals on Cajjfain Tboma-' part, ordered liia seamen to break open the cabin lockers and find what the Captain rel'used to give nj). Tlx papers were found, and jjieutenant Tuttle took possession of them, refusing' to Captain Thomas' repeated demands to return tbetn. An American sailor named .lolm Hawkins \v,b then lelt aboard by the Conunauder of the '•Rush," who informed Captain Thomas that In and bis mate were under arrest, that the schooner was to be taken to Sitka, that the ercv were not to be detained ; but tbat the vessel was to be delivered over to the United .Stati.~' Collector of the Port of Sitka, who would lake whate.'cr further action shoidd be thoui;lii necessary by the j^merican authorities. Written instructions to this eliect were givn t/ Hawkins, and, al'li'l' a thorou;;h search of the schooner, Lieutenant Tnttle, with his ollitri- and men, departed, and shortly afterward tbe "Kush" steamed oti' tovvard some otlx; vessels in sight. Captain Thomas said nothing to Hawkins, but |)utting up the [lort lici:; headed toward the Ahiskan shore. Four days later the " llusb" was passed by the '' IJI.icl. Diamond," but did not hail her; the schooner was headed in the proper direction, and there was no necessity for speaking to each other. 15ut the next day the "JSlaci; Diamond" reached tbe harbour of Ouualaska, in the island of that name, lornnug one ul the Fox Islands in the Aleutian group, and went inside in the hope of linding there an English nuni-ol'-war. The ]>laco was deserted however, except by natives, so Ca)itaiii Thomas, without any ado, turned his vessel about, beading for tbe passage leadiuy; into tlic Pacific Ocean, and, reaching that, headed straight for Victoria, where lie arrived as described opinly Depai't the I'i'ealii Caiii.i ^eath be M'iz a lolly thf ci'i whole as vet : /• nil " Trii norili. siglitet; These salt uls scliooii The 111 on an Capiai, "Mag, 21)1) iiUiVi'. CMptiuii 'I'lumms ^aiil Ik' \shsIi'( i^oiiii;- Id Id any oiu; Yankee .s.iiloi' tuUi; liiiu cnntivp into Sitka, and, as sfaniaii Hawkins ai)|H'ars to liavo had very little to say about the matter after the " Rush " (Ifparled, the Ciiiiadian kejit his deterniination. I'lierc was no violonee on the " I'llack Diainimd." Hawkins, as soon as lie saw that t';i|itiiiri Tiionias dichi't intend to sail tiie schooner into Sitka, seems to iiave r,ia(lt; some snrt ol a |irf)test, ineHeetual, of course, and llieii setlhd down to a reali/ation of the trutli ol sa\ir,i; that " there's many n slip 'Iwixt the cup and the lip," He was tatcd this nior l)V an ex-ollieial of the Government, and, uiion mv askinc; for lii.s ieas(i:i (()r sueli a view, he simjily ret'eried to the course pursued by the Tre; s|;tte Departi Its ill IS88 ai iillieieut a jftlie "Black Uianiond" was all for eHecl, and her arrival at a British port was notlii Mioic nor less than what was expected. 'I'he 'I'reasurv |)eople with whom d nswer. AccordiiiL; to his theory, the seizure e nivcrscfl on the subject scouted this position as most absuid. They slate that ( 'aptain Shepard was c.e.ryiiii; out his inslriietions, and would never have seized the '• Black Diamond '' unless he was convinced that the laws of this Covernnient on the fur-seal matter had been upmly and uiujuestioiiahly violatci II lartieiilars by mail are to reach the Treasury Dopartiiieiit not later than Wednesday next. Ca])tain Shepard will explain the seizure of the '•Black Diamond,'' and this, the Treasury people say, will fully ex|)laiii liis action on lire inir o])en the cabin and takini,' [lossession of the ship's jiapers. The aeti iMlain She|iard lias yiven rise to consulcable comment in o Ihci.d t;cntk'iiieii with whom 1 talked, ami who is wi'U inibrmi'd, sa id tl: cle lilack D Ol lamond of )f the ill he >eized tiie tirsl lime she ap.pears in Ameiiean w ii liiii^' time before the ojjporlunity for [iter for this same olle Ifeiiee, but it will be sucli a seizure occurs, ii III' ease can lie rcaeliei 1 otbi ind there is no law by which The vessel was seized and ''ot awav, and that is the whule stor,' in a nut sliell. The British (' 'i d'Art'aircs has not received anv information as yet regardinff this new dcvcloinnent in Behring's Sea. Inclosure 7 ia No. i,'ll. Rjiruclfium thv " Tonniln Gltilic" of AmjuM 1, 1889. ]\roiii-, I)i:tails. ^^^y'lclariii, Brilisli Cohimbui, [Wsl .//'///.— Caplaiii McLean, of the British sealer " rriiunjih," which has arrived here from ik'hring's Sea, is rcticciil about affairs in the H'li'th. It is stateil by others on the vessel, however, that when the "Triumph "was sighted by the " Ku.sh " there were thirty seals dead lyim: on the " Triumjib's " deck. Tiase are hurriedly skinned, and the i>elis hidden ainoni? a lar^e (piantily of salt. Tliis salt also formed a heavy coating' to about MIO sealskins which lay in the bottom of the schooner. Lieutenant Tuttle made an examination, but sceinu' nothintc but salt departed. The men on the '• Triumph" say that (.'apiain Dodd, of the "Mae," had said he would lire on any American odicers ntteiiiptinj.' to board his vessel. Lieutenant Tuttle told *-'ipUiiii McLean he had seen live s/hooncrs crterim; Behrini;'s Sea on the -ilh .Fulv, viz., "Ma-ie .Mac," "Triumph," "Mary Ellen," "Lillie L.," and " Ulaek Diamond."' The [l-'«] ■ 2 Q 2 300 latter was captured, but the fate of the others is unkuowii. Tlic '•Coronn " arrived to-diiy. Captain Carroll says when he left Juneau, Wednesday, the iJrilish men-ol'-war " Swiftsurc," " Icarus," and " Ainphion" were there; they left for Port Siinnson on the followiM!" day. The "Corona" lieard nothing of the seizures. A nui'.iher of prominent sealing men waited on the Captain of the Britisli man-of-war " Champion," wiiich sailed to-day for the north to join the tlix't, and ijave him full particulars in writing. Me will convey them personally to Admiral Ilonca^e. A deputa- tion also waited on the Honourable John Kobinson, I'rovineial Secretary; he lias telegraphed to Ottawa demanding ])rotection of the Impciial (Jovernment. Telcgrains also have been sent by the luost prominent public men ol'liie province. The action of the Imperial Government is anxiously awaited. No. 21-'. Tlif Afdiqiiis of iSdlixburii tn Mr. Edtvitrdes. — (Sulistniict: Irli'ijiiijiliril.) Sir, Forrujn Office, AwjusI 'Jl', I8H!). IIKR .MajcstyV- Government are in receipt of repeated rumours that Brili-iji vessels have been searched and even seized in Hebring's Sea, outside the M-mile distmiee from any land. No ofheiid confirmation of these rumours has yet reached Her Majesty's Ciovernmciit, but they appear to be authentic. I liave to instruct you to inquire of the United Slate.'i' Government whether any similar information lias reaelied them. You will also re(|uest that stringent instructions may l)e issued as soon as praeticalile to the oflicials of the United States to prevent the |)ossible recurrence of such incidents. 1 am, &c. (.Signed) SAUISnUIlY. No. 213. Till' Miinjuis of 'Sitlinburji to Mr. Ediemdcii. — [Suhxlanrp Iclrijrophcd.) Sir, I'oreiijn OJIicr, Aiiijiist 22, 18S9. WIII'.N vou nial'w.}. Pauiicefote will be picparcd to discuss the whole (picstion when he returns tii NV'ashin^ton in the autiuun ; but you should point out that a s'ttiemcut will only ho hindered >boul(l the United States' authorities resent to measures of 'orce again-t iJiilisli ships beyond the "j-mile limit, against which Iler .Majesty's (J.jvernment. must necessarily |)roti st a- contiiuy to the princi|)le of international law, which the I'niicd Slates have not only acknou Icdged, but have themselves tiriiily and publicl\ maintained. I am, t\:c. (Signed SALISBURY. No. 214. Mr. Kdinirdis In the Mi:niiii.-< of Salialmr!/. — {Received Inj tcU'ijraph, August 2G.) My Lord. Neirporl, Aiifju.sl '26, 188!). I n.\I) the honour to receive on the 2"rd instant your Liadsliip's two telegrams of the 22iid ultimo, iiisliucting nie to inform the Secretary of State that ie[)catcd rumoais had of iaie reached Her Majesty's Government that United States' cruizcrs have stopiK'd, 801 siaiclicd, ni«(l even soizcd British vessels in Rolirin^f's Sea outside the S-milc limit (i'orn t!ie iienicst IiiikI: llint iiltlioii'^li no oinciid roiifinnation of tliL'.sc riiini)urs had roiicliod Her Majesty's (iovt'iiuiKMit, tiicrc did n;it appear to he any rciison to douht their authenticity. Your l.ordsiiip (le>ired me at the sinie time to impiire wliellier tlie United States' (ioMiiiment were in piissrssion of >iiniiar informalion, and to ask that stiin'_'»'n{ instrnelions >liiiiil(l he sent at the eailiest inoincnt, \s\\\\ the view to prevent tiic possihility of siicii iKTiineiiees lakinu; plaee. In speikini; to Mr, iJlaine on tlie idiovo suhjcet, your Lordship instructed me to ri'iinnd him tlial ller M.ijestv's (iovernment liad reeeived la";! year very elear assurances I'loiii Mr. IJavard, at that time Secretary of State, that, pending the discussion of ti)e liciidid (ineslions at i.-'^ne, no further interfi reiiee siiouhl take pluec uitli Mritish vessels in iiehriiii;'s Sea, and, in conclusion, to state tliat .^ir .1. Cauncelbte would he pre|)are(l, on his rdurn to \Vashinu;lon in the antunm, to di-cuss the whole ipiestioii, addmi,' that llcr .Miijcstv's (iovermnent wished to jioint out that a settlement eonid not hut lie hindered hy nieasiiris of force on tiie part of the United Slates. I iiecordinjily Icit at once for Bar llaihour (.Maine), where Mr. Blaine lias hecn passing the sinniner, and on the moininj; of the LMtii instant I called on him, and made a coin- nuinication to him in the ahovc sense, .Mr. Blaine at once asked tne to address to him u note containina; tlie suhstancc of \()ur l.cndship's instructions, lie said th.it he was unahle to jiivu a reply until lie had coiisidted with the I'resident, init he piomisi.'d that 1 slioukl receive one to the note 1 was to addie-s to him at a very early date. All tliat he could say to me then was that siniilar rumours had reached the United ."^talcs' (iovernment, which were prohalily antluntic, althou^'h no olfieial contirinalion had liceii ;;iven to them, and he could say to me, in further r('])ly to my comniunicatiou, that he w IS ol opinion that there was little divergence in the views of the two Governments on iliu points at issue. (Jn the tcrmiuation of my interview with Mr. Blaine, 1 dispatched to. your Ijord- sliip a telegram inloniiin,!; you of what had taken place, and then, in aeuordanco with Ml. Bliiiiic's re(piest, 1 addrcssod to him a note, a cojiy of which I have the honour to inclose. In the altcrnoon of the same day f met Mr. Blaine, and he told me that he had mldiessed a letter to me containiiii!; the reply he had made to me earlier in the day. I hud the liiiiiiiur to forward to your Lordship hy telegraph the suhstancc of this re|)ly, a copy of wliicli is herewith iiudosed. Tiiis re|)ly, as your Lordship will see, coinniences hy sayina;tliat rumours of the search and s,i/.iire of British vessels in Beliriiiii's Hja hy United States' cruizers have reached the Unitid Slates' Ciovernment, and that allhouiih no oflicial coiifirination ol those rumours has IjCL'ii received hy them, they appear to he hased on truth. .Mr. Blaine then i;oes on to say that it has heen and is the earnest desire of the I'lTsidriit of the United States to have such an adjustment a.i shall remove all possihie ;ro\iiid of misimdi'rst.-iiuliiit,' with Her .Mijisly's (iovernnu'iit conceinin'.c the cvislimj troulilcs ill the Bchrinn's Sea, iuul that the I'li'siileut lielieves that the ii'Sjioiisiliility for liilay in that adjustment cannot he properU- cliarucd to the Governiiient of the United ^'taks, and he hei;s me to express to your LorJship the givitilication with which the Ouveriiineiit of the United .States hears that Sir .1. I'auneelute will he prepared on his uttini to WashinL'tcm in the autumn to discuss the whole (paslior .Mr. Blaine cone hides lii.s letter hy sayiin; that he has jilcasure in assurini; me that the (idveniinent of the United States will endeavour to be |)repared lor tl'c discussion, and tl.at, ill the opinion ol the President, the points at issue htlwcen the two (Jovcrmncnts are ciiiialili' lit prompt adjustiuent on a hasis eutii\ly houour.ihic to both. 1 inkiu)wledged .Mr. Blaine's htter in a note, a copy of which is heiewiih inclo.scd (liicl(Ksiue No. .'U, inloruiiii!,' him that 1 •■should lose no time in hiiiif,'iiii,' his reply to the l-;iiouleili;e ol Her Majesty's Govcrnmenl,. who, while awaitini; an answer to tlie other iiu|aiiies 1 liail the honour to make to him, wuuld, I lilt eonhdeiit, receive with niueh satiblactiun the assurances which he iiad been gocd enou^'h to oiler to me, I have, &c, (Signed) 11. G. KDWAllDLS. 802 liiflosure I ill No, 'J 1 4. Mr. hUliiiiidi s III Mr. lilnini'. Sir, /;//)• lliirlidiir, .hujiisi -J I, issji. IN iiccoi'd.incc widi iiistnictioiis wliic li I liavc ipccivcd Unn\ llcr Miijisly's l'i'iiic'i|i;i| .Secretary (t' S'liifc lor Imiumu'Ii .\iHiii-i, I have (lie lioiioiir to »latc lo \cni tliat r('|]('iit(i| riiiiiours iiavc of late ri'iichi'd llfr Majisty's Uovi'riiinciit that Uiiilcd tStatr-,' cniizcrs haw 6to|)|it'fl, searched, ;piic1 ovoii seized Hritisii vessels in IJeliriiigV Sen outside tiie It-inilc limit IVom tlir iieare-^t land. Altlioiurli no ollicial eonfirniation ol' tiuse nnnnnrs lias readied Her .Majcstv'^ Goveiniiu'iil, tlurc npinavs to be no iiaNon to doulit tlieir aiitlieiitieity. 1 am desiicil in the Maiquis ol' Saiistimy to in(|uire wliellier 111;' I'liiteil Sl:lle^' (1oV( iiiment arc in ])os«es-i()M (jf ^;lnilar iiiformalioii, and I'lirtlier to ask liiat slriiivciit instriu lions may h sent liy llie Uiiitt'd States' (loveniiiunt at tlie earliest moment to tlicir ollicrs, witli lln' view to prevent the |iossii)ihty ot'sneli orcurrenees taking p'aec. In e(>ntinuation of my iiisliuetioiis. I have tiie honour to remind yon tliat Ikr Majestv's (iovernnu'iit received very clear assurances last yiar iVoni Mr. Bayard, tliii Secretary of Slate, that pendinu; liie discussion ol the u'cneral questions at isrue, no (iiiilicr nterierence should take plac" with Itritisli vessels in Hehrinq's Stsi. In conclusion, the .Maripiis of Salisbury desires nie to say that Sir Julian I'aunceiotf. Her Majesty's Minister, will he piejiarcd, on his riturn to NNashiuutoii in the auluiiiii, tn discuss the ivlude (juestion, and Her Majesty's (Jovcmmeiit wish to (loinl out to the Uaited .Slates' (iovernment that a '-I'lth tiieiit cannot hut he hindeied hy any lueaua of lurw which may he re oited to hy the United States' (Jovcninient. 1 have, &c. (Signed) H. G. i:i)\V.\UDr.S. Inc in No. L'H. Mr. Ii/iiiii'' Id Mr, Kihriirdcs, Sir, lliir Ifarhoiir, Mninr, Auijiist 2t, ISsl). I 1 1 A\'l''. the honour to aekiiowledj^e the reeeijit ol" your letter of this i\Aq, conveyiii'.' to nie the iutclli^euee "that repealed rumours have of late reached Her Majc'-ty's (loverii- nicnt that the United States' erui/.er.-. have stopiiei, learched, and even seized Uritisii ve-sscls in Jiehrinu's Sea outside the .'^niile limit fioiu t'.ic learcst laud." And you add that, " altliou'.;li no ollicial conlirnialiou of these rumours has rcacln'i! Ilcr Majesty's {joverument, there ajipears to bo lU) nr .on to doubt their aulhenticity." In reply, 1 have the- honour to slate that tlu siou; rumours, probably based on tiiitli, have reaelied the (Jovernnient of tlii' United States, hut that up to this date therein'. been no ollicial coiuuiunieafiou reciivid on the subject. It has l)een, and is, the earne^t desire of the I'l'esideut of the United Stales to li.ivi' Bucli an adjustment as shall nniove r.ll p(;s>ible urouiul of luisunderstanilin.n' with Ikr Majesty's (iovernment ciuieeruin;;- the ( xisliui,' trounles in I'ehring's Sea, and the l*rc>i(li'ii! believes that the respousihilily for delay in that; adjustment cannot be properly eharncd ! ' the Government ol the United States. 1 be^; you will cvpress to the .Mai'(|uis of Salisbury the gratHicatiou with whidi tin Government of the United States learns that Sir J. Pauncefote, Ilir Majisty's Miaistcr, will he in'e])are(l, on bis return to \\ ashiiiLiton in the autumn, to discuss the wIidIc question. Jt L'ives me pleasure to assui'(^ you that the (iovernment ot the UniUnl Stalis will endeavour lo be prepared lor the discussion, and that, in the opinion of the I'residciit, the points at issue het\\een the two {jovernmeiits are capable of ]U'ompl adjusiment on :' wsis entirely honourable to both. I have, &c. (Siijncd) J. tj. ULAlNi;. )\VAKDr>. no3 Itu'lositrc 3 in No. 214. Mi: Eihrarilfs to Mr. Itlnine. ^ir, 11(11 Hiiilioin, .liKjiiil 2'), 1S8!). I HAD the lioiuiur to rrccivo ycstcrd.iy your note, in wliicli ymi U.wr Ik'cii uood ciioiiL.'!) lo iiiiorm iiic, with iCHpi ct to tiic ii|)( iitctl ruiiHiurs wiiicli iiavi; ol hiti- rciiclicil llcr Miiji'stv's (iovci'iiiiieiit of tlin soarch iiiiil ?,( izuri' nt' liriti-li vesx'ls in lk'lirin^''s Hen by United Stiitt's' crnizcrH, that tlii^ Miiiif ruiiiours, piobalily liascd on truti), iiavf reached the United Stnto' Oovcniuicnt, hut that ni> to this date there ims hei/n no ollicial coniiiiuni- catinii rcci'ivi'd on tiit; suhjci't. At the sanii' liinc, you have done nie (lie lionour lo inlorni nn' liiat it has Ix'en, and is, llie rariiC't dt^iiv of the I'n «idi'iit ol' thi' I'liitid Slates to have sueii an adiiistiiieiit as •ihiill itinove all possihh' moiiiid of niisuiidcistandini; willi llcr .Majesty's ( I'oveinrnent i.'oiacrniii;-' the existing; trouLlcs in l!iliiiii^'H Sta, and tiial the I'lesiiUnl hilioves that thu rc.-pon-^ihility loi' (leiay in that adjustment cannot he propcily chuiLjcd to liie (jovcninicnt of tiie United Slates.' Vou re(|ucst niu at the same time to cNiui^s to tlie .Mar(|uis of Salisbury the i:ratifi- cation with which tlie (Jovernnient of the U.iiied States k'uiiis that Sir .J. I'auiicclote, Her Miijf-ly's Minister, will he prepared, on his rctiu'n to W'ashinirtoii in the autumn, to discuss the whole (juesl ion. and ycni are uood enoni;h to iiiforni lue of the ])!casure you have in ,1-Miiiii^ mk; that the (Jovcrnuicnt of the United Stati s will cnchavour to be j vepared for tlie di>eus>i()ii, and that, in the opinion ot the President, the points at issue between the two (i(iveinnicnts are capable of prompt adjustment on a basis entirely honourable to hdiii. 1 shidl lo-e no lime in bringlni; your icplv to the Iniowledge of Her .Majesty'ti Govcrn- imiil, wild, while awaitin;; an an^wer to tiie other incpiirics I have bad the honour to make 10 you, will, I feel conKdenf, receive with much satisfaction tiie assurauces which you have been good enough to make to me in your note of yesterday's date. F have, &c. (Signed) II. G. KDWARDES. No. 210, Ciil'iiiiiil Office lo Fniviijii Office. — {Received Aikju.sI •_'!).) Sir. DoiciiiiKj .•-cct, Auijust 2i), 1889. I A.M directed by Lord Knutstord to transmit to you, to lie laid before the .Marepis of Salisbury, a copy of a (lespat''h from the (iovernor-tiencral oft'.iuada. with a licjiort of the Coiiiiniltee ci) I'rivy Council of the Dominion, with telei,'raiMs Irom .Mr. llaker and the C'lllector o|' Customs at \ ii'toria, respecting tin! sci/.urc of the •• lilack Di;'.niond '' and the " rriiimpji ■ by the United State,,' Kev('iiue-cuttcr " Kiebard JIu.-l)."" I am to re:picst to be informed what answer Lord S.ilisbury would jiropose sliould be aturncd to liiis despatch. I am, &c. (Signed) EDWAUD WINGFIELD. Inclosure 1 in ii and Fisheries, submitting teiejrrams dated the 3()tli ultimo, from E. C. Baker, Ksq., M.l'., and tlio Collector of Customs at Victoria, British Cohinihia, with reference to the seizure in t'"e Bchring's Si a, 70 miles from land, of the British scaling-schooncr " Black Diamond," v'nh her cargo of sealskins, and to the searching in these waters, in the same locality, of tiie British schooner "Triumph," by the United Slates' Revenue-cutter "Richard Rush," tlic Master of the "Triumph" beinj; infornicd that immunity from the seizure of his vcssd was duo solely to the fact that she had no sealskins on board. The Minister represents that four years have ela|)scd since the seizure of British sealing-vcssels was commenced by the United States' authorities in the Bchring's Sta, and the strong representations of Her Majesty's .Ministers to the United States have only resulted in a continuance of the policy, and a declaration that such policy will lie systematically pursued. The Committee advise that copies of the annexed telegrams be transmitted to tl:e Right Honourable the Secretary of State for the Colonies, with the rccpiest that the attention of Her Majesty's Government be invited thereto, and with the earnest hope that an early assurance will be given that British subjects peacefully pursuing their lawful occupations on the high seas will he protected. All of which is respectfullv submitted for approval. (Signed) .lOll.V .J. .McGKK, Cierli. Privij Comuil. Inclosure li in No. 216. Mr. (Jroir Baker to the Minister of Marine and Fisheries, Oltaira. [See Iiiclosuro 2 in No. 211.] Inclosure 4 in No. 21.">. Ml. Ifainbli/ In the linn. M. Uowcll. (Telegraphic.) SCIIOO.N'HR "Triumph" searched by officer of United States' Revenuu-cuttn' ll.c lltli July ill Ik'hring's Sea. No skins. Vessel released. Olticer told Master that same day " I'lack Diamond," having skins, was seized. liotii vessels 70 miles from laiul. Officer said orders were to seize cvtrv vessel, liiitisii or American, with slprc ■nded serious (liveru;ence between two Governments, and expressed Ins own very sincere desire f'cr a joint settleiiient ol' Fisheries and Hehring's .Sea ipicstions, and dwelt on very Iriendly ieelini;s of I'resiiieiit Harrison's Administration. In a furt! cr 'i'Icumikm sul)siaiiee of Mr. Mlaiiie's letter is jriveri, '^yiii^i tiiat tiie same niiuouis, proliaM'. aiithenti", had readied his (Juvernnient, but liave not been confirmed ii(iieially. The h'tler cvpres-cs the earnest de.-ire ol the President tor an adjustnient a'aio\iKi,' all possiljh; ^;roui:d lor inisunderstan(bn_' cuiicerniiitr the Irdubles in Heiirinii's Sen, and satisiaetion at iearnins; that Sii .J. I'auneefote will discuss (piestion on his return. I'nited Stales' (j.)verinii(iit will pn'|)arc for (ii>eLissii)n, and I're.-iLlent ihildxs [joints at issue are capable of prompt adjustment on biisis honourable to both (iovernments. A third t(def;i'aui states tiiat Mr. lilaine had promised a very early reply whether instruetioNs would be sent to Ala.-ka in order to prevent possil.ile recurrence of .••ucli incidents. No. 217. Fori'i(jii Office to Colonial OJjirc, Sir, Firciijn Offue, Septemlier 2, 1889. 1 IIA\'10 laid before the .Marquis of Salisbury your letter of the 2!)th ultimo, (iirwardiiii;- a despatch from the GoveriKir-Cieneral of Canada and a Report of the Coiiunittee ol thi' Canadian i'rivy Coniicil on the action of the I'nited States' Kevenue- cutter "Richard Rush'' in sij/ino- the iJritish sca'.inii-vessel " J?lack Uiamond," and seaieliin;,' another vessel, the " J'rium|)h," in the waters of IJehrip.^V Sea. In reply to your iucpiiry as to the answer to be returned to this (les])atch, I am directed by his Lordship to su;;s:est that Lord •lunley sh )ul(i he informed that Her Majesty's Government are in conuniuiication with that of the United States with the object of procining instr\ictions which will ^irtAcnt aiiv liirthei' seizures. I am, at the same time, to rcijuest that you will point out to Secretary Lord Ivnutsford that as yc t no aulluiitic and tietailed information has reached this Dei)artmcnt as to the circuii'.staiices attmdiniz the seizure and searcliini,' of tli 'se or other JJritisii vessels by the Lnited .'•tates' auiboiities during' the |H'eseiit Jisbinir season. I am, &.C. (.Si£;ned) T. H. SANDERSON. No. 2 1 8. C'olniiiiil Offi''!' in Forriijii Office. — (liereireil September 3.) Sir, DoiriiiiKj Street, Senlcinlier '■^i 1889. Wri'll refi-renee to previous corri'spondence, and particularly <« the letter from this Department of the ll'.Hh ultimo, I am directed by Lord Knutsford lo traiismit to ynii, to be laid before the Marcpiis of Salisbury, a copy of a further despatch !rom the Goveriioi'.i Jenernl of' Canada, eontaininj;' with other iiielosures a cutting fri.m a local iiewspuptr respeetinu the si'arehin'i of the "Triumph," and a telegram from the Collector of Custiinis at Victoria in connection with the arrival of the " IJIacU Diamcvil " at that port. I am lo re(|nc>-t that the inclosmes lo l.onl Stanli y's (les[)atch may bo returned to this Dcpiirtment when done with. I am, &c. (Sisned) EDWARD WINGi'IKLD. fl2Bi 2 U 306 Mv Lord, WIT your l.oi'c ii dcsputcl i'rom tlic ' wliicli liis Collector schooner ' Inclosure 1 in No. 218. Lord Stanley of Preslon to Lord Knutuford. Citadel, Quebec, Auijust 15, ls89. [1 reference to iny dcspiitch of the 'Jth instant, I hiive tiie honour to tninsinit to ship a eopy ot an approved .Minute of the Privy Council, siihrnittinjr a copy of I from the Lieulcnaiit-dovernor u( Uiitish Colinnhia, tofjethur with a cuttiiii; ' Colonist " containing Captain Mcl.can'? stateuient of tlie circumstances uiukr vessi'l, the "Triumph," was scaiclied, and also a copy of a telegram from tlio of Custo[iis at \ictoria, i,'iving information as to the arrival ol' the suizci ' IMack Diamond " at that port. I have, &c. (Signed) STANLEY OF FRESTO.V. Inclosure 2 in No. 218. Report of a Committee of the Honnuruhle the Privij Council, upproved Inj lii.f Excellency th GoL-ernor-Genernl in Council, on the Wth Auyusl, 1889. THE Committee of Council have had inuler consideration a despatch, dated the 80th July, 1889, from the Lii'iiti'nant-(iovernor of Hritish C'nlund)ia, res|)ectin;; tlii.' seizure of the British scliooner " Black Diamond" hy the United .States' cutter " Richard Rush," 70 uiiks I'rom land, an'i tnuisinittiuu' a cuttiMg I'lom the " ( 'olonist," a Hritisli C(duml)ia nes'spapir, containing Caiitain McLean's statement of the circumstances under whieii his vessel, the " 'I'riunipli," was searched, and also a telegram trom the Collector lil Customs at Victoria, giving information as to the arrival of the seized schooner " HIack Diamond" at Victoria. The Committee advise that copies of these eonnnunications he transmitted to the Right Ilonouiahle the Secretary of State' for the Colonies, lor the information of Her Majesty's (ioveinment. All which is rcspectl'ully suhniitted I'or iproval. (Signed) JOHN .1. .Mt(;KE, Clfcli, Prill/ Couiiril. Inclosure ."> in No. lilS. Linitennni-Governor Nelson to the .Vfc/c/o)// nf Slnte, Ottawa, Sir, Government House, Viclnria, Jutii 30, 1889. I HAVE the honour to inform you that C!aptain MeJA'an, search, kowever, the whole of the skins aljoard having been dexterously hidden in time to avoid detection. When the search was cnnehided the oftieer turned to Captain .McLean, and, alter cxijressing his pleasure at not being under necessity to seize bis vessel, informed him that a lew hours before, the " Rus'u " haena r on 'riiursdav next lor Port Sini])! v the ileputiition was joined by .Afr. Riebaid Hall and Captain ;dd, of 'roronfo, was thdi interviewed at ti.e Driard, and at once threw hi.Mself into lI ■■ -uhjf.jt. going with the depniatinn to .Mr. K. Crow Baker, M.l'., and the honoui.d'le Mr. i bson frovineial Secretnrv. A telenri'.ni containing the wbolcof the f;;ct s was (hspat-.'liei; H onnu rabletbe .Muns'.er of .Marine and Kislieries at Ottawa by Senator .Macdonald, and it is expected that an answer will be received in time for it to bLMlispatehed to the Adnural by the "Sardonyx." ble .Mr. Kobson also dis|)al'lied a separate telegram to the .Miinster of Ml I lie liononra iriiie iiii the same subjeet Inelosure 5 in No. 2L'<. Tilij.i.'frnw Vir/nriii, li.V,., to Mr. lloircll, Minister nf i'listoiiis, Ottawa. ONK n.,„ lake her to S,, , toVictoiia. \ m Keventie-ciiller lilaced (sii board " Black l.)ianiond," uiib lu-drrs to S^'s'-el's master and crew remained on hoard, and brought her straight ■sseiV p.ipers, clearance, ( oasting licence, and certitieate ol registrary, also salted skins, taken from her hv ollicer ol Revenue. cuttei No. 219. Admiri'ltij tn Forfign Oj/irr. — (^Received September 0.) f^ir, AiUij, Seplemher 4, 1889, I AM connnanded by inv Lords Cniinnissioners ol the Admiralty to transmit liercwith, for the information of the Secretary of Slate, copv of a letter fr nn the Captain of [12S] ■ 2 U 2 308 Hor Majcstv's .slii|i '■('liampioii,' dated tlie 30th July last, with copy of its inciosure respectiiiif the capture ot' an lMii;lisli scalin;;-schoouer by a United States' cruizer in the Behriiig's Sea. 1 iiin, &c. (Signed) U. D. AWDRY. Inelosi'i'e 1 in No. 1219. (.'(intaia .n7. Clair to Renr-Adrnhnl Hcnentjf. Sir. " Cluimpioii," lit Exifuimnlt, ,Mij 80, 1S80. I IIAVK thi' ii;iiii)iir til ( ' your' inlbimation. that durini; the (brenoon of the 20tli in.-itant a dtpiitation oi (, it sealiiiij-schooners came on hoard this ship at Es([uinialt to re|)(iii th.tt an Hiiifiibi. ,iooncr had been cu|)tured in the Ik'hving's Sea by« United Stall >' criiiz( r. A copy of their statciiiiMit in attached. I iritornied iliein that I wduld snhmif thi'ir statenienl to you on my arrival at Port Simpson. I have, iS:c. (Sitrned) A. V. ST. ; lAlU. Inelrsiiie 2 in No. 2K». Slatriitnit iiiiiili' I'll Oiriwr.f nf .'^t'liliiiij'SclioonnK iil Vicloriii, U.C. THE I'^njrlish s.dioonor " Tiiuinpii," Captain .McLeati, arrived at Victoria last evenini; ("iSth 'ruly) fiom 15ehrinL;'s Seas, and reported that she was hoarded in these seas on the nth itistaiii at 8 i'.\[. by the .\nierican steamer " Uusli," Lieutenant-Commander Shepherd, at loti'^'ifude 17')° west, and Td inihs off the >iiorc. The Coinnuinder of the " lUisli " searched tlie vessel and found no seals on hoard. He ordered Iter (the •' Triumph "'i out of the seas, and said if site was found tlicre a;^aiD She woidd be taken piisiiie:- to Ounala^ka. Lieutenant Shepherd, of tiie " Hush," alsii had inlbiined Caj)tai!i .McLean that he had that (hiy seized tlie Kntflish schooner '" Black Diamond," and his instructions were to seize all vessels found in these seas. A prize crew had lieen put on hoard the " Black Diamond," and the vessel sent to Ounahiska. ^(Signed) JUllN (JKAIIAM, Oimcr of Schooner " Snpphiir." UILL.M. .MI.MSIL. thnicr of .Schooners "rim," " Piilhtiiidrr," and " ^[llrl/ Taylor." U. SAUNDliRS, Owner of Schooner " Ourel." " Champion," at Esquimalt, July 2!), 1«89. No. 220. The ManiuLt of Salisliurii to Mr. Edirardes. Sir, Foreiijn Office, September 9, IPS!). I HANK to express to you my approval of your )iroeeedinLrs, as rejiorted in your despatch of the "Jf-rth AiiL^ust last, "il!i retercnee lo the reprisentations you wiTf instructed to make to the United .~^tate>' .Secretary of State in reirard to the st'wures cl British vessels in tiie waters of 'iehring's Sea. I am, ic. (Signed; SALISnUIiY. 309 iN 0.221. Foreirjn Office to Coloniiil Of/irr. Sir, luirfitjii Offi'e, Siipt/'itilief '.), ISH'J. WITH I'cfertMice to your letter of the '-ivd iiistimt, I am clirecled liy tlic .Marquis of Salisburv to ic(|uest tliat you will move tlio Secretary of State for the Colonies to cause a tck'jirain to l)C sent to the Govornor-Cieiienil of Canada, rccjuesting iiis I'.xcellcncy to I'lMiiish tier iMajesty's (jovernment with in. mediate intormation il any further stopjiaice of vessels in iJeliring's Sea takes i)lace. 1 am, i^c. (^^iirncd) r. II. SANDi:ilSO^. \o, -222. Colonial Offiif to h'orrir/n Offirr, — [Rfrrlirrl Sppleiiihri' 10.) Sir. Doirnini/ Street, Siplnnlier 10, 1«89. \\ rril refprenec to previous correspondence rLSjx etinij the seizure ot ( 'anadiau scakM''. in }?ehriui|;'s Sea, I au\ direetel l)y Lord Kn'.;tteis of tiie two vessels. I have, ;ve. (Signed) STANLEY OF I'RHSTON. Incloi^ure 2 in No. 222. Ill jiurl of (I Comiiiiltre of llir I Iniiiiiiroldc llir I'rini Council, iipprfrcit hy his Etcelleiiry the (iovrnior-dtiiijdt ill Council, on Ihr 22/i(/ .liiijiisl, I S89. OX a lleport dated the HUh August, 188',), from tiie Minister of .Marine and li>lienes, submitting;, in reference to t!-.o seizure in the IJeliring's Sea of the .schooner " Kiaek Uiamond '' and the bo-;rding of the schooner " Triumph,' the original instructions L-ivcr, to the special ollicer placed by the Captain of the United States' iiev(;nue- cutter "l!;ish"on board the " I 'hick Diamond " at tli' tinieoftlR' hitter's seizme. anri also a liMiT Irom the Honouialilr W. ilaudey. Colleetor o( Customs at \'irtoria, British Ci)lmnliia, together with the following' allidavits : — 1. Allldavit of Owen Thomas, , if Victoria, Brlli.-ii Columbia, master of tlie firitish soajing >ehooner " Black l)i inuind." 2. .Mlidavit of Daniel .McLean, of \ietiiiia, Briiisii Coiumbia, master of the British seiiliiit; schooner " Trium])h," The Minister recommends that cotii">' oC th"^ iiu'l'uni'ps herewith be immediately liirwarded, tor the information of Her .Majesty s (lovernnu'nt. Tlie ("ommittee concurring ailvise that your Bxceilency he moved to forward this 310 Minute, toirctlier wifli copies ol tlip ircloj'.ivc;, to the Right llonourabli.- tlie Secrctiiiy ol State Cor tlie Colonies. All nf'wliicli is lesiicetfullv suhiiiitted, (Signed) JOHN .1. McOKE, f'Irrh, Prhii Council fnclosure 3 in No. 222. Captain SIif';iar(1 lo Mr. Haiikanson. United t^lalcs' Revcjiuc-slcrimer "Rush," lii'hrirKjK >SVh, Lat. 5f)° 22 A-., Lorn;. 17(f 2:7 W., Sir, July n, 18S9. vol' lire hereby appointed a special officer, and directed to proceed on board the schoonci' " I'laeiv Diamond." of Victoria, Hritisli C()linnl)ia, this day seized for vinlatiuii of Law, sei tioii I'J I'i Revised Statutes of the United States, and assunn' eliavije of said vessel, her ollieers and crew, twentv-five in number, all told, excepting: the n;ivii;atioii of the vessel, which is reserved to Captain Owen Thoinas. and whieli you will not interfere with unless you l)ceonie convinced that he is ])roceedinK to some other than your port of destination, in whijii event you are authorized to assume full charirc of the vessel. Everytliius i)ein,t; in n'adiness, you will direct Captain Owen Thomas to make the best of his way to Sitka, Alaska, and u])nn arrival at that port you will report in person to tlie United Slate.s' District Atlovney for the district of Alaska, and deliver to him the letter so addressed, the sehooiur " Black iMauiond." ot \'ietoria, Hritish Colundiia, her outfil, and the jiersiais of Cnpl un Owen 'I'homas and Mate Alexander (!al!), and .'^ct her crew at hberty. After beinn relieved of the ])ropcrty and persons intrusted to your care, you will await at Sitka liie arrival of the " Hush." I have, &c. (Signed) L. G. SllliPARD. Inclosurc 4 in No. 222. Mr. Hamlcn tn llir Cii.iloins, Quebec. Sir, Cv.itovi-linuse, Viclnrin, Auyust I"), 1859. I I'ORW.'RI) herewith, iu oriiiina', the orders t'ivcn by Captain Shepard, of the United Statc.i" Hevei.ue-eutter " Rush," lo .). Hankanson, special ollieer, to proceed on board the Rritish schooner " l?laek Diamond," seized in Heluint^'s Sea. and to take her lo Sitka. The master of the aehonnc;- rejiorts lo nic that the indinns mijiloyi d as hunters ia the schooner would, hi; belitx'ts, have murdered lliuikaiison if an aUeinpt had hi'en made to take her to Sitka. The master got out of the sea ".'ud sailed at uuee for Victoria. without any opposition on the jjarl of Hankanson, and I think it is \ery prob ih c that the orders given him jirivatcly by the Captain of the " Rush '' were not to interfere in any way with the destination of the vessel. ' lie arrived here on Saiinday evening, the 3rd August; the object of tin' Revenue-cutter was no dcnibt attained in taking her skins, ritle, and Indian s])ears away, and sending the vessel out of liehring's Sea. Ilcr eeitifi- cate of registry was also taken awtiy. Shall 1 give her a fresh certificate ? I liave, &e. (Signed) W. IIAMLEY. Inclosuri' 5 in No. 'J2:i. In the Matter of the Seizure of the Sealiiig-schooiier "Filatk Diamond" by the United StatCb' Revenue-cutter " KJchard Hush," on the lltli day of July, 188;). nepOKifinn of Oucn Thnmii.t. I, OWEN THOMAS, of the city of Victoria, Rritish Columbia, master mariner, do solemnly and sincerely declare tliat — 1. 1 am a master mariner, and was at tlie time of the occurrences hereinafter men- c Pcci'cfiirv 1)1 CKE. riiji Council rhrincjs Sea, W., on board tlie for violatiuii of uwiio of said ii!ivii;atioii of II not interfere n yonr port of of the vessel. \\, 1«?9. 'Iic'pard, oi' tiie ', to proceed on to take l:cr to d as hunters in lad been made •e lor \'ictoria. oh die lliaf tiie [iteil'crc ill any )■ cvciiini,', tiiu h (,'ohimhia. 2. On the 1 1th day of July, a.d. ISS'J, whilst I was on board and in command of the said schooner, and she beiii^ tiu n on a scalini; (.'Xjiedition, and bcin'_' in latitude ;j6' 22' north and lonf;itudc l?')' 25' we^t, and at a distant; of about .")5 miles from land, the United States' lU'veiiue-cutter " Richard Rush " ovcrliauled the said schooner, and, liavin;; iiailed iier l>y shoiilinir, a c'omniaiiil which 1 could not distinctly iiear, steamed across the bows ot the said schooner, coinpellinj; her to come to. A boat w is then lowered from the said eulter, and Lieutenant Tuttle and live other men from the United States' vessel came iibeard the said schooner. I asked the J^ieutii.ant what he wantid, and on his stating he wished to see t ■. ship's papers, I took hi.n down to my cai)iii an 1 showed tlicm to him. He then eommanUcd nie to hand t!ie japers over to him. This 1 refused to do, and locked tiiem up in my loeker. At this time there were l.'il sealskins aboard the schooner, "(J ol which had been salted, and i')') of which were unsalt'd, and Lieutenant Tuttle ordered his men to brini^ u[) the >lS(i'J. IJeclarcd at the city ol' Victoria, British Columbia, the 7tli day of August, lS8i), before (Signed) Eujiiosr V. 15ou\vi;ll, (Signed') OWEN TIIO.MAS. A !\'()tiirii Pulilir for the Province of lirilish Columbia. iter mariner, do ereinaftcr men- 312 Inclosnn' C> in iVo. 'J22. Deposition of Daniel McLean. I, DANIEL MCLEAN, of tin- city of Victoria, in tiic province of British Columbia, Dominion of Canadii, bcini;- duly sworu, depose as follows : — Tliat I am master and ])ai't-o\vncr of the Hritish sehoonci' " Triumph," registered at the port ol' \'K'toria, Miiti>;li ' 'ohimhia : that, in confovniitv to laws of the Dominion nf Canada, I ri;:ularly cleared the said sehooner " Trium|>li " for a voyage to the Noitii I'aeitie Oeta:; and Hehring's Sea, and tiiat, in pursuance of my leiritimate hnsnuss, did enter the said liehiiui;'s Sea on the -1th d;iy of .fuiy, l^^Sfl, and did in a peaeelul manner proceed on n\v vova'4e, and i)ein'j: in latitude .")()° Oo' north, lon^dfude 171 -J-V west i)n the 11th (lay of .Itdy, I'^S!). At the hour of S'30 a.m. wiis hailed by Commander of United States' Kevenue-eutter " lliehard Kusli," the said l<(!venue-eulter heini; a vcs>el Ixdonuin;; to the (iovernment ol' the I'liited Slates and regularly commissioned by the same; a lioal having been lowered hy otiicer and crew, I was boarded by tlie s;unc, the officer in cliarsre of the boat hein^' one [lieutenant Tuttle, who demanded the ofHeial jiapers of aiy vessel, and, after readini; the san>e, proceeded to search my vessel for seals, and tindinj; no evidence ot' the siune informed me that orders had been issued hy tlu? Secretary of the United States, under the I'roelau'atiou of the I'rejident, instructing; the ( 'otiiiii;'.iulint' Officer of file said Revenue-cutter " Kush '' to sei/:e all vessels found sealim: in r)ehrini;'s Sea ; he also told me that shoidd he anani hoani me and find sealskins on board, that he would seize inid eonliseate the ve-sel and catch ; he furthermore informed me that he had already seized the Uritis;; schoonei- " UlueU hianiond'" of' Victoria, Uritish Columbia, and that shi' had been sent In Sitka, and that, therefore, by reason of his threats and menaces, I was caused to foreti-o my lei;itimate and peaeelid x'oyage on the liigli seas and return to the port of my departure, cuusiui: serious pecuiiiary loss to myself, crew, and owners, for whieli a claim will be formulated and forwarded in due course. And i make this soleiim aliida\ it. conscientiously helieviui: t\\v. same to be true, and by virtue of the Oaths Ordinance. Jsfili. (Si,L;ned) DANIEL McLEAN, Mdylcr iif Si-lionni'r " Triuiiipli." Sw(n'n before me this Sth August, IShiJ, at Victoria. British Columbia. (SiLMl'dt (hx>. Moitiso.x, ,M'., A .Jimlice of llir I'curi' fur tlir I'luriiifc (if Jirilis-li (Joluinliid, No. -SSd. Cnloriiiil Office I'l l''niri(/n Offiie — {Received Septewlief 12.) Sir, Dnwnimj Streel, Heplcmhcr 10, 1889. LV reply to yom- Utter ol the iifh itistant, 1 mn directed by i^ord Knutsford to acquaint you, toi' the iniorniation of the Maivpiis of Salisbmy, that the (iovcrnor-General of Canada ha>f(>-dav been reipiestcd to send iuimediatc informatiou if any further stojipage of vessels takes pl.aee in Hehriiig's Sea. I am, &c. (Signed) JOHN BllAMSTON. .No. 1^24. Cohnifil Office III luireii/n Office. — (Received September 14.) Sir, Doicning l^itreel, September 13, 188!). I A.M diiected l)y the Secretary of Stale for the Colonics to transmit to you, for conmumiealiou fn the 'iarcpii^ of Salisbury, with reference to previous corres|)ondenec, a copy of a icleurair. from th.e (io\eiuor-(iencral of Canada, containing infornait.oii in respect ol the recent seizures in Behriug's Sea, and stating that allidavits were biiiiig forwarded . I am, &e. (Signed) ROBERT G. W. HERBERT. Inclosure in No, 224. Lord Stanley of Preston to Lord Knutrford. (Tck'firapliic.) {Received September 29, 1889.) SIvlZUKKS of British vessels in Reiiring's Sea. " lllack Diainoml" seized 11th July; " Minnie," 15th July; " Juanita," 31st July; " Patlifiiider," 27th August; "Triumph" warned olF, hcing tiireateiied with seizure, Iltli July. Official information recently received at Ottawa respecting " Minnie," "Juaiiitii," "Pathfinder." Affidavits being forwarded. Seizure of "Lily" reported; aiiidavit when received at Ottawa will he forwarded. Seizing officers removed skins, ;imiiuiiiition, arms, and ship's papers. No. 225. Colonial Office to Foreign Office. — {Received September 14.) (Kxtract.) Downing Street, September 13, 1889 WITH reference to your letter of tl'.e 2nd instant, and to previous correspondence respecting the seizures of Canadian sealers in Behring's Sea, 1 am directed by Lord Knuts- I'ord to tran.sniit to you, for communication to the Manpiis of Salisbury, a copy of a telegram which has been sent to the Governor-General of the Dominion on the subject. Inclosure in No. 225. Lord Knutsford to Lord >itanley of Preston. (Telegraphic.) Downing Street, September 6, 1889. illCR .Majesty's Government communicating with United States' Government with n view to preventing further seizures in Behring's Sea. No authentic and detailed information received as to seizures during the present fishing sensoii. Appeal in case of 1886 seizures might be expedited by motion on meeting of Supreme Court Octoiier, but case could not be heard till spring. No. 226. Mr. Edwardes to the Marquis of Salisbury. — {Received by telegraph, September 20.) (Rxtract.) IVashingtnn, September \7, \889. ON' the nth instant I had the honour to receive your Lordship's telegram informing me that it would be better that I should write privately to Mr. Blaine, saying Ihiii IlcM' Majesty's Ciovernment were earnestly expecting an answer to their reipiest that the United States' Government would send to Alaska such instructions as would put I stop to the seizures of British vessels, the reports of which seizures were causing much ixciti'incnt both in Kngland and Canada. I now have the honour to inclose herewith n copy of the private letter which, in iucordancc with the terms of your Lordship's above telegrams, 1 addressed to Mr. Blaine on the 12th instant. Inclosure in No. 226. Mr. Edwardes to Mr. Blnine. (Personal.) •My dear Mr. Blaine, Washington, SepUnnher 12, 1880. 1 SHOULD be very mut;h obliged if you would kindly let me know when 1 may wpect an answer to the request of Her .Majesty's Goverunient, which 1 had the honour of Miiimunicating to you in my note of the 2-lth August, that instructions may be sent to Alaska to prevent the possibility of the seizure of British ships in Behring's Sea. Her Majesty's Government are earnestly awaiting the reply of the United States' Government [li!8] / o ^ g 81^ on this subject, as the recent reports of seizures havinL; taken |)laco arc causing; tnuch excitement both in England and in (/'anada. I have, &c. (Signed) iJ. tJ. KDWAllDKS. No. 227. 3fr. Edwardes to the Mi^rifuis of Salisburi/. — (lirrdred September 30.) My Lord, U'dshinyton, September 10, \HH[). WITH reference to my despatcli of tiie I7lb instant, I iiave tiie honoui' to incloRP liercwitb to your l.oid.-liip a copy of a note which I have received from the Secretary of State in re])ly to my personal n^te of the 12tli instant, in which I ini|uiicii of him when I might ex|)cct an ai'sucr to the rcipicst of Her Mnjrsty's (iovernnient that instructions may be sent to Alaska to jircveiit the [jossibilily of the seizure of liritiili ships in Hehring's Sea. iMr. IJiaine states that he had supposed that his not of the 2-lth August, co|iy of which was inclosed in my despatch of the 2(Jth August, would satisfy Her Majesty's Government that the President was earnestly desirous ( f coming to a friemlly agreement on all matters at i;sue between the two (lovernments in rcli'.tion to t!ic Bel'.rinir's Sea, and that he had further su|)posed that my mention to hi'n that Sir Jiili,iri Pauneci'ote would be oflieially inslrudcd to ]iroeeed, on bis return to Wasbinijton, ti a full discussion of tlu' (luestion removed all necessity of a preliminary correspond! iiee toueliin; its nicrits. Mr. lUaine then goes on to say that, with reference more patieularly to the (piestion to wliich I had informed him Her Majesty's Goveniniciit were expecting a reply, a categorical response would have bccii and st'll is impracticable, unjust to the Unite!] States' Government, and ini^lcadim; to Her Majesty's Govermnent, and that it was tliercfore the judgment of the President that the whole (pi".>tio!i could more wisely bi' remanded to the formal discussion so near at hand, which 1 lir Majesty's (iovcrmnent have proposed, aiii to which the United States' Government have cordially assented. 'I'he Secretary of State conclude* by statini; that he considers it proper to add thit any instruction sent to I'el ring's Sea at the time ol my original ie(|uest, namely, the 24tli August, would have failcii to reach those waters liefore the proposed departure ol the vessels of the United States. I have, &c. (Signed) H. G. KDWAKDES, inclosure in No. 227. Mr. lilaine to Mr. lidirardes. Sir, linr llnilinur, Maine, September 14, 1889. I HAVE the honour to aeknow ledge the receipt of your personal note ol the 12th instant, written at Wasbiniton, in which you desire to know when you may expect an ansiver to the reepicst of Her Majesty's (iovernment " that instructions may be seiittJ Alaska to prevent the ])e!.sibiliiy o( the seizure ol l!riti>b s'.iips in Hehriiig's Sea." 1 bad sU])posed that luy note ol the '21tli Au:iust would satisfy Hir Maje-ti's Government of the President's earnest desire to con.e to a friendly a;,'reenicnt touebiiis; all matters at issue between the two Governments in relation to Bcbring's Sea, ami 1 had further suii|)osed that your mention of the oflicial iiistruetion to Sir .(. Pauueelote to proceed, immediately alter his arrival in October, to a full discussion of the qUL'Stion removed all necessity of a prclin.iiiary corrcspondeiice touching its merits. Ucfenim; more particularly to the (|U 'stion to which you re|)eat the desire ol yom Government lor an ans'Acr, I have the honour to inlorm you that a categorical response woidd have been and still is iinpiat'lieablc, uiiju-t to this (iovernnient, and misleiuliiii; 1« the (iovernment of Her Majesty. It was tlierelire llic judf^iuent of the President that the whole subject eoidd inorr wisely be remai:de(l to the tornial (iiseussion so near at liaiiA wliicli Her Majesty's (ioveinmeiit has propo-e;:, and to wliieii tlic Governmer.t of thf United States has cordially assented. It is proper, however, to add that any instruction sent to Uehring's Sea at the tiincol SIS voiir oiiiiiii'il it'ciut'st, upon the 24tli .Auiiusl, woiilil liuvu (iiilud to rcacli lliosu watei's belori' ihr |)i'o|)iis(il dt'iuirtiirL' of tlio vussi'ls of the Uiiitcil Stiites. 1 Imvc, &{•. (Signc.l) JAMK-; G. IH.AINK. No. 228. The Marquis of Salis'huri/ to Mr, Kdirnrdcs l.N my (Icspalch of tlic 17tl) Au2;iist I Fnrviijn O/fici; Orlnbcr 3, 1889. irnished you with copies* of a eorre- .iiiDiKliiici.' which had i)as-;ed hutwccii this Dc'|)artint'iit and tiic Colonial Oflicc, on tiio suliji'ct of tiic siizuic of llic Canadian vcJisels " lijack Diamond" and "Triumph" in tho jkl'irintr's Sea i)y the United States' Revenue-cutter " Rush." I have now received, and transmit herewith, a copy of a despatch from the Covernor- Liciural oi Canada to the Secretary of Stale tor the Colonies, t which incloses co|)ics of the iiistiuctions ^dvcn to tlie special olliccr jiiaccd on hoard tiie "Black Hiamond" hy the Olliccr CDinniandin;; the " Rusii " and of a li.'tter from the Collector of Cu,-toui.s at Victoria, tiiLTClhcr with the swoiu alhdavit.s of the masters ot' the two Canadian ve-sels. It is apparent from these affidavits that the vessels were seized at a distance from liiiul till- in excess of the limit of maritime jurisdistion which any nation can claim by intci national law. 'i'lic cases aic similar in tins respect to those of the ships " Caiolinc,'' "Onward," and "Thornton," which \\n\- seized l>y a vissel of the United States outside territorial waters in the sunmier of 1H'^7. In a dcspatcii to Sir I,. \\\st dated the 10th Septenilur, 1887, wliich uns ccnnnuinieatcd to Mr. IJayard, I drew the attention of the (Jovernment of the United States f(i tiie illegality of these procecdintrs, and expres-ed a hope that due compensa- tion would he awarded to the sulijects of Her Majesty who had sufl'ered from them. I Imve not since that time received from the Government of the United States any intima- tion "f their intentions in this respect ov any explanation of the ;;rounr!s njicai which this interference with the J?ritish sellers had hecii authorized. Mr. Bayard did indeed coiiununicate to us unoflicially an assurance that no further seizures of this character should take place pendinj: the discussion of the ipicstiou- invidved hetwcen the two (loviTiiMicnts. Her Majesty's Government much retrret to tiiid tliat this understanding ha- I'.dt liceu carricii forward into the present year; and tliat instructions hav.' I)ecn issued to cruizers of the United States to seize liritish voscis tishiitr for seals in IJchriuir's Sea outside tlie limit of t'Tritorial waters. The grouiuls upon which these violent measures have l)cen taken liave not been communicated to Her .Majesty's Govermnent, and reuuiiu still imexplained. !)Ut, in view of the unexpected renewal of the seizures of whicii Her Majesty's Government have previously complained, it is my duty to |)rotest against thciii, and to state that, in the opinion of Her Majesty's Government, they arc wholly unjustified hy iiitcnirttional law. I am, &c. (Signed) SALISBURY. Sea at tiie timcoi No. 22^ir. Foreign O/ficc, Oclolicr 2, iSS'J. A I' the time when the seizures ot JJritish ships hunting seals in lieliriui^'s >ca during llif Nuar.-- l^bti and 18s7 were the subjects of iliscusMion, the Minister of the United States made certain overtures to Her Majesty's Government with respect to the institution of a close lime lor the seal fishery, lor the purpose oi preveutiug the extirpation o*' the species in that part of the worUi. Without ni any way atlmittiii!; that considerations of tins onier could justify the seizure ol vessels which were trausgrcssint; no rule ol iiUei- iialiDMal law, Her Majcsl\'s Government were \er\ ready In agree that the subject was one ileserviiii; ol the f^ravest attention on the part of all the Governments interested in tliose waters. Tlie Russian Governuicnl was disposed lo join m the proposed negoti.itions, but they were su-pcnded lor a time in coiise(juenee of objections laisid by the Dominion of Canada, • Hos. 202, a03, and 204. [128] t Ho. 222. 2 8 2 316 and of doubts thrown on the physical d.itu on which any restrictive legislation must have liccn liiihcd. Her Majesty's Govcrnnunt arc I'lilly scnsii)lc of tiie importance of tills (juestioii, and or the yreat viilue \\liicli will attiich to an iiileriiationa! aj,'recnient in respect to it; aDil Her Majesty's Representative will he I'urnishcil with the recjuisite instructions in cnse il.c Scerutary of State should he willing to enter upon tlic discussion. Von will read this dispnteh and niy previous despatch ot the same date to th( Secre- tary ot' !^tate, and if he should desire it you arc authorized to give liini co|)ie8 of them. I am, &c. (Signed) SALISHUKY. No. 230. The Marijiiis of SnlLibury lo Mr. Edivardes. Sir, Forciijn Office, Ovlubrr 3, 1889. J JlAVM'j received your liespateh of the 17tli ultini, and I have to iaforni yoii that i ajipiuve !hc tertns of your letter to Mr Bliune, in(|uiring when ii reply might Ik expected to the rcipu'st of Her Majesty's (iovernm''nt that instructions iiiiglil lu' ^tvl d the Alaska authorities to jjrevent thc_ |)(;ssibilily of further seizures of IJrilish sualin?. vessels in Bchring's .Scu. I am, &c. (Signed) SALISBURY. No. 231. Coloitiul 0/fice to Foic'ujn Office. — {Received October 5.) Sir, Dniiniti;/ Street, October 5, I88!l. 1 .\M directed hy Lord Knutsford to transmit to you, to hi; laid hcfore the I\lai'(|uis o! Salishurv, a copy of a letter from Mr. T. U. Clarke, inclosing u Report of a mcelini; at Victoria, I^ritisli C.'olundiia, held to protest ai;ainsl the seizure of British sculing-vesscis in ]k'hrii|i;'s Sea, and adverting to the case of the " Juanita." I.ori' Knutsford would he glu 1 to be iiitbrmcd what answer Lord Salisbury wishes to be returned to Mr. Clarke. I am, &e. (Signed) JOHN BRAMSTON. Inclosurc I in No. 23L Mr, Clarke lo Lord Knutuford. My Lord, Ili(/li(jale House, Kllsbi/, RxKjbu, September 24, I8?9. I BEG to call your attention to the Report of a meeting headed " A VisoroiL' Protest," in inclosed Victorian (British Columbia) paper, referring lo the seizure of Hii'i'li sealing-vesscis in the high seas. Also to the notice, marked on p. A, lelcriing to the robbery of (J20 sealskins Ircif the " .hianita," of which vessel ni) brother is captain and part-owner. As the ves.sel was 80 niiiis liom land at the time of the seizure, I, on my hvothef Lehalf, beg rttpeclfully to ask whether Her Majesty's Government is taking steps n prevent these illegal seizures, and also to obtain compensation for those who sufff thereby. Your kind attention and advice will oblige. Yours, &c. (Signed) T. U. CLAHKi:. (diini "Illy place 1111(1 CUIIhC! ha'l any m Mr. juiixiii h'diii airaiiist lli^plltl. State.-, (Jrcat juiihdii of the castci'i At tlii> the ea.' hi 187 |ii'o.\iin (I'llVCI'l twenty 111 I Ik llirinig Sea Wo 817 on must have I3RAMST0N. JO sealskin!- froi" Inclosure 2 in N'o. 231. E.tti(irls frniii llir " I'irlniin DiiHi/ Co/o)i/.s7 " of ^ejitembor I, 1889. A \'i(ioi!()ts I'i!(i'i'i:si. — A Ccw cvpiiiiiL"* iitto, n mcTtini; w.is Ik'IiI nt th(! office of Messrs. ihill 1111(1 (i(ic|)il of tliii^i' interested in tlie sciiliiiic iiuliistry, iiiul a f'oiiiinittue of five wiis ii|i|)oiiite(l to make aii/inminents for ft puhlic niectint; iif wliieh the voice of the |ii'(i|il(' of Nictoriii could he liciiid in refcrc'icc to flic recent sci/.iiic of hritisli schooners sealiiii; in liehrin,u;'s Sea. The ('oinmitfcc consulted with Mayor (!n>nl, and a mass meeting was duly adv(!rtised ti) he held af the City Hall last evciiiuL,' lor the purpose referred to. liy H o'clock, lit which hour the meeting was culled (iir, every seat in the City Hall was taken, and dozens of deeply-interested citizens weic compelled to stand. The mcetini; was thorouvchly representative, there hein;,' present all the Icadin;.; husiness men of Victoria, vessel ownei's and practical senlini,' men, while amoui,' the ino-t prominent men present were to he noticed the Ilonouralile .loliii Kolison, K. Crow Baker, .NJ.P., Lieutenant-t-'oloncI i;. (1. Prior, M.P., the lloiioinalilc KoI.ert Heaven, .M.P.I'., D. W. IIif?gins, iM.P.P., S, Duck, .M.IM'., Mayor (Jrant, Koliert Ward, President of British Colunihia Board of Trade, Captain .'. I). Warren, Iv 15. .Maivin, NV. .Munsie, .1. H. Todd, Morris Moss, ('. Slroiiss, (^aptain William Cr.iiif, Captain I'larkc, iC P. llithet, and very \n\v others. Upon motion of the lioiioiiiahle .Mr. Beavijii, seconded hv .Mr. K. iJrow hiker, M. P., ayor (oant was reipiesfcd to take the chair, which he did at 8'l ;") I'..M. His Worslii|), in openiuj; the meeting, said that the matters for the discussion of which meeting; was called had always possessed a deep intere.->t f"or him. In the early part ot l.''H7, he had had the honour to move in the House for the snl)mission to the Uominion Covciiimcnt of a proposition for suhmission to the Im|)erial (Joverniiieiit in rcijard to the pi'oteetion of I'lritisli seainii; interests in Behrinif's Sea. His motion had heen carried without adissciitiu" V(jicc. In iS--K he had made another projiosition throutrh the House. Tills pidposltion provided that the individual iriteret-ts should not he allowed to sufTer by the neulineiice of the Covernuieiit in settlinL' this question. He had always been very anxious to sec an early settlement of the Hehrinu's l»ea (picstion. Without further |iiitacc, he would call on Mr. Kdgar Crow Baker, .M.P. .Mr. Baker expressed jiieasure at heinsi c.dled on to strike the fiist blow. Jt 'vas a a tiiallur, he said, tiiat eoiieerncd nol only the individual, Init the enliic province, the (luiiiiMdu af laij^e, and the whole British Ilmpire. The matter was one desei vi'i^j; of con- sideration, not only because it toucheci the individual pnekets .ind the province our liiiiiie, hut because it touched oiii' hearts. Tiic view taken by the pec/ple oi Biitish ( olunibia was that the f;rand old llau; that they had learned to love from infancy had not only been insulted, but bad lu'cn trr.mpled in the dust, (.\pplaiisc.) It was proposed to place everything; in connection with the l!i-hrin!;'s Sea (|uestion before the meetiiii? truly and fairly from the very start, and to let the citizens of Victoria express their cahn and eouseientious o])inion upon then:. After referring but briefly to the various Treaties that had been made by the United States and Canada, which were not, however, entered into at any great length, as they affeeted moie iiarticularlv the fisheries on the .Vtlautie seaboard, .Mr. Baker pointed out how, as far back as 1S20, wlien Russia owned Alaska, and claimed jarixlietion not only over the ."S-mile limit about its coasts, but also over the sea 1(!U miles lidiii land, the United States' Secretary made a very vigorous protest at St. I'etersburgh a;;aiiist the contention (d' the Russian Covernmenf. The Biitisli (Jovernmei,'. also strongly disputed Russia's claim, and the result was that in iH'24 a Treaty was made with the United (States, and in 18"2r) one with Great Britain, wiiicb showed bow the two great nations, Great Britain and the United States, joined issue with Russia when she set up the claim to jurisdiction over Behring's Sea, and contended that it was an inland sea, and not a branch of the Northern Pacific Ocean. On the 'iOlh ,)unc, 18117, the U'nited States purchased the territory of Alaska and the eastern halt' of liehring's Sea from iiiissia, paying therefor the sum of 7,200,000 dollars. At this time, the Russian GoveriMiient gave them what they claimed to be a clear title to file eastern half of Bebrin;;'s Sea. If that title was bad the tiiull is not ours. (.\|);dause.) Ill 1870 the United States' (jongress passed a measure i)roliibiting the killiiiu; of seals inclose pii).\iiiiitv to the Islands of St. (Jorge and St. Paul. Shortlyaftcr this, the United States' (jdvermnent leased to tlu? .\laska Commercial Company the exclusive right to kill seals for twenty years, in consideration of the sum of r).j,000 dollars pr annum, and certain royalties. In the early part of l^-'S!) an Act was passed, by some elaimcil to have been smuggled lliiough Congress in a rush, proclaiming not very delinitely that intrusions in Bebring's Sea would not be allowed ; and containing a sweei)ing clause granting the President power to 318 (leal with matlers in connection with sialiiii; hy proelamatioii. I'owcm' of a very indelinitc kind «as also ^ivcii in rc^'anl to ijiviiiij iiisliuctioiis to tlic United States' eiittci's. Aiiu'res- sivc aieasure.s wen^ first taken in ISsfl, when Mr. T. I,ubl)e wrote to liim (Mr. ISakcr) al Ottawa, inl'orniinu him that the IJritish interests were endangered. .Mr. Liil)!)e's 1'';^ was laid belore the (jovernor-(ieiieral in Conncil, and the matter was ]iroin[)tly iiliiwtj before the Imperial (Jovornment by the IViminion Cabinet. 'I'lie .Minister oi' Justiee ut this time gave his opinion in favour of the IJritisii Coimnbiaii sealers bci'li t i .Mr. Baker and to the Imperial Government, pronouneiiiL; the action of the United States ilieiral, and urging upon the British Government the necessity of taking definite action at once to protect her interests in Hvilish Columbia. This was tliree years and a-half'ago, and it was most mortifying to thii-.k that this time siionld have elapsed liefore any decision wasreaclied. The actual seizures connnenced in 1880, wiien tiirce schooners were taken possession of, along with their fittings and cargoes, and sold. The crews were cast on their own resources in Alaska, and the masters and mates were not only lieavily fined, but im|)risone(ias well. Matters of losses veie expecteh Colmnbia sealers on .^tb March. 1888, which the Minister of Justice replied to liy saying that it was to (jrcat Britain to whom thi^ sealeis should look for (jroleciion. file Dominion Govennnent could not send armed ships on the high seas to protect Canadians. On the 28th July of this yi;ar the schooner "Triuinph"' airived in ])ort, and hir captain brou-ht I'.ie news of his being boarded by Lieutenant Tiittle, ol the IJuiteil States' cutter " Iiiciiard Kusb," and warned by him that il he was ibund in Behrinii's Sea fishiiiit or hunting for seals, not oidy would his catch of seals be I'orf'eited, but his vessil and equipments wajiild be confiscated, and ^ent with a jnize crew on board to an American port. The "Tr'mnph" also brought news of ihc' capture of the "Black Diamond." Immediately afterwards, on the following day, he (Mr. Baker) had telegraphed again to the ilinistcr of Marine and l''ishci ies, asking him if il was not jiossible to .secure .sonii. protection f()r the twenty other British sealers m Behring's Sia. The steamer " yardony.v " was going north with coal for Her .Majesty's war-ships, then in the north, in a lew day.-, and it was suggested that instruction could be sent to thctii by the Imiieiial (jovernnniil to protect the British sealers. An answtir was received that the nnitter would receive immediate consideration. Having reviewed the whole history of the sealing (incstion, .Mr. Baker expressed tin belief that all |)rcsent could se(^ for themselves fiow outrageous it uas fiu' ativ (ioveriiMiPnt to arrogate to itself the exclusive control of a great body ol' water such as Behring's Sea was- — 7(11) nnles long from north to south, and !)()U miles wide. The desire of the scalers of Victoria was, first of all, to secure a ituarantee that the seizures would be stopped. Tliey had also a reasonable right to expect compeiisution for the losses already sustained, aiul without f'urther delay. They, further, wished to be secured in their right to [ironecute the deep-sea fishing, of which tur-sealinji was a branch. He would conclude by mo\ iiig the following Resolution : — " Whereas in the year 188(5, b\ order oi the fiovernment of the United Stale-, claiming exehisive teriiloiial jnriMliction ovci' the whole of 1)1 bring's Sea, eastward of a line drawn lioni about the middle of' Behring's .'■^tiait .^onlh-wesl ward till it crosses lln I'Jiird meridian ol longitude, (hicc British vessels, while lawfully engaged in huntmg eid>. were seiztii in that sea at distances of fiom b.') to 70 miles from the nearest, land ; and " Wl.enas after jjrotest by the Biitish (iovernment against such seizures, the Govern- nient of the United States ordered the unconditional release of ihe said vessels; and " Whercis by such a ccnnse the Uniti'd states' (iovernment iiraclieall\ .idmittul the illegality of the seizures, and kit it to be interred that no further seizures would be made; and 819 " Whereas in 1P87 it apain resorted to the seizure of scalint^-vessels in Behiing's Sea milsidc the .'i-iniln limit, and at distances from 15 to 02 iriilcs from tlio r.ecrest land, six vessels helonijinii: to our citizens were seized by its orders and aftc!\vf.rds dcclurcU forfeited to the United States; and " \\ iiei'eas in the following: year, 1888, scaling-vessels belonging to our citizens agaia entered I)ebrin>;'s Sea, and took seals Ihrouuhont the season without molestation by the IiM'ciiiic-eutters ot tlu: fiovernmeiit of the L'nite'l Stite-:, which had dibtinctly that year, liv its instructions to the coinman(i(rs ol its cutters in Behring's Sea, ordered that no sci/.in'cs of sneh vessels be made; and " Wheicas in the present year seizures of IJritish sealin;4vessels belonging to our citizens have again been made, ])ractically in mid-ocean, in Heliring'.s Sea, by order of tiie (iovernnient of the United States, the vessels robbed of sealskins on board, and arms and ^iininunilion : '• lie it tlu relore resolved, that the citizens of" Victoiia protest against the usurpation of iini-(iicti(jn by the Go\einiuent of the United States over the waters of Beliring's Sea, outside the universally ackiiDwIc^dL'cd .!■ mill' limit, and exfil'i'ss their iriflii'iiation at the re|ii. How then can the United Slates cl.iim to have puiciiased their jurisdiction from Russia? Tlie great majority of Americans acknowledge that the claim advanced by their Guvernment has nothing to rest on. Who I- 1(1 hlaoie then for not slopping these illegal seizures? The Dominion (loverninent are net to liiame. They have dune all in their power. When the news of the first seizure lliis }ear reached na-, 1 wa.s in KaM.hiop>. I at once leleuraiibed to Ottawa, and expressed liie liope that the lni|ierial (jovernment v.oulil give Adniind lleneaire orders to retake the captured vessels. The " Caredine " liad orders to do this in l's,S7, but for some reason was recalled. If in 1887, why not now y If th,; I'.ohring's Sen (iiiestion is purely one of jurisdiction, why does not ll e American Government allow its own sealers to tisli and bunt umnolested ? It is not the reason. The L'nited States' Government is trying to bolster up a i;iant nionoiioly — the Alaska Conimercial Coin|iany, who by tender ac()uired a lease ol' sealinir riubts on the Islands ol St. (jeor^e and St. I'aul, the bretiiing-;.:i nds, for twenty years. 'Ihe true reason lor their aetiun is that the American (iovernmen'. is afraid to lo.se the .'iU"',()()0 dollars paid tlieni am ludly by the .Maska Comnierciai ' ompuny. Governor Suinelord, of Alaska, has (jondiinred the Com))any as the -create I and worst uioiiopiily in .\nuiiea, but, as he says, it has its agents alwavs at \\'ashington to puil the strings in its inteiest. riiis is the last season ol tiie C'o.npany's lease, and there is no knuwing what the ("nxermnent piopose to do next. This year, when we first heard of the outrages in liehring's Sea, he had thought, .uid he was not the only one on the Hour of the House of Coil inons who had thought the same, that it would not hv poor policy to send the Ihitisli licet into ik'bring's Sea to prolcit the inteivsi i of ('una lians. If Kratice set up a claim of junsdiclioti over siniie particular part of the oc.'an, an I seized a (irruian sealer thci'cin, do }nu think tiiaf it woul I have tal^l•^ thn c years to settle the (|uestion '! I'ossibly, liut th'-y would III,' three very had \cars for so'ne one ! (Cheers.) if Beaeonslield had lived, would il have taken IJiglaiiil three years and a-ball'te; seftk- this ipiestion ? No! (Cheers.) He liiid pleasure in seconiling the' Uesolutiein introdueeel by his ceillcague. The Re'solntion was carried unanimously, with ''beers. The' Honourable .Mr. Heaven was the next speaker. He toucheel upon the varie)us liiilies dealing with Ik'bring's Sea, and relerred tei the niamu'r in which Hritisb suliiee'ts Were laiiyht, that thev were piote'cleii by the lla;_' eif I'lnnl.ind while an I whereve'r they wei^ I'liiiiiiMJ m a lawful calling il.e actiein ol the Unitcel States was contrary to intcruatieinal linv. It bael been so prmionnced by the i're'inier eif haigland anil a heist of' Uuiiexl Stites' 320 anthonties. He thought matters should be nt once referred to arbitration, as there could be no dis|)uting the lethality as well as the justice of the Canadian claim, [t was true that Canada had suffered in \y,\st arbitration with the States ; but still, arbitration was far preferable to any other method in tlic settlement of existing (lis])iites. lie proceeded to review the value of the sealiujij fleet and mdustry to the province, ant()p to if. Limn enouudi bad IJrotbcr ./oiiatlian been allowed with impunity to twist the tail of the Hritish lion, antiiki' a bicifer uuilcr the Icthaifiic old aniaial'.s nose, ami ;;roUse it to a proper sense of (liit\. (.\pplause.) One speaker had said the I'lociiieial (Jovcrmneiit had nothing to do nith this matter, while anotlicr said it bad. I'erbaps in the strict oliicial sense it had not; but lie conceived that in a very important sense it bad to do with uhalever concenied the Wvllarc (if the country, and he telt it to be due to tlie Provincial (lovernmcnt to say that tlii> matter had received its most earm^st attention. (Applause.) It bad prepared and transmitted no fewer than .si.\tcen Orders iu Council and tolci,M'ams, and be could assure the nii'ctin^ that these were couched in ;is strmii; lam^uaire as was consistent with State dncumcnts. (.\p|ilausc.) lie moved the following; Kesolution: — " Kcsolved, — That co[)ies of the Rcsidutions passed at this lueetin;^: hi^ forwarded to the Ini|Ki'ial anil Canadian (iovernnients, and to all l?oards of'l'rade in Canada.'' Mr. A. ]^. (jray seecnded the Kesolution, which he consiiiered a fitting clinuix to the evcninix's work. It woidd show to the world the attitude the [H'ovince of lin' i (.'i)lund)ia had assumed alter niatiu'e consideration of the (|ucstion dealt with. The Kesolution was cariicd, af;ain unanimously; and after a vote of tiianl.^ to the .\Inyor, both for callini,' the meetiu^^ and for bis services in the chair, the meeting adjourned. .VN(vnii;u Rt^turns. — Messrs. Ilall and Gociiel's little sealina; schooner " Juanitn,' Ciiplain Charles K. Clarke, which ha" been evpectcd foi' several days, arrived safely yesterday afternoon, and tied up at .laidon's whart. (!aptain Clarke reports havinu; sailed (lirret ironi Behrini^'s Sea for home, but havinu; been compidlcd to wait four days for a I'avuuialilc wind to briii'' him in from the Straits. Willie 11, 1. in wind to brim; him in from the Straits. The " .hianita" was overhauled by the I'nited States' cnlter " Knsb " on the .'Slst luly ' sealinLT in IV'hrniLr's Sea. She was biiardcd by the captain and lieiitenaiit of the rutter with a boat';, en'W, who dcniandcd Captain Clai I of the entire catch of the schooner, i>'J.O >kins, 'I Iu seliooiiei' were sal'cly hidden away, am whercahouls, Cajitain Clarke protesteil vigorously a.ijaitist the seizure, Hhich, he iidornicd the otiitcrs of the cutter, was outrageous, the schooner being SO miles out in the open sea. Thi-y rcjilied that thciy were sorry to be compelled to do it, but were forced to oi)ey then- orders. After instructing the captain to sail lor .Sitka, but without any .Vmcricau " prize crew," the " Rush " steamed awav to ci^pturc another schuoiu'r sighted, and supposeil to he the "Lily." As soon as the cutt( r iiad diopjicd behind the laai/on the "■luanita" resumed iier huiitinir, but her luck had apparently gone. After several days of bard weather the 'Miiaiiita " sailed for home, |)assmj^' the schooner " Kate" on the way down, but not close ciiiiiigh to speak her. kcs pap'M's. anil al~o look posse-sion nns and ammmitiim canied b\ the the olliccis of tlu' •' Ku,.h'' laileil !o iliscdver their [V'H] T 322 No. 232. Foreign Office to Colonial Office, Sir, • Foreign Office, October 5, 1889. I HAVE laid beforo tlie Manjiiis of Salisbury your letter of tlie lOtb ultimo, inclosini; a copy of a dospatcli from the GovL-rnor-Gencnil of Canada, dated the 2()th August last, in which bis I'xcellcncy trunsuiits cojjies of tiic instructions given to the special otticcr placed on board the " Black Diamond " by the ollicer comiiiauding the United States' llevenuc-cuttcr " Rusli," and of a letter from the Collector of Customs at Victoria, together with atlidavits ot' the niastcis of the "Jilack Diamond" and "Triumph." I am directed by bis I,()rdibi|) to state in reply, for the information of Lord Knuts- ford, that be has addressed to I ler Alajesty's (Uiarge d'Aflaires at Wasbington tiio two despatches of wiiieb copies are inclosed.* 'I'hey have been submitted to, and have received the concurrence of, the Law Officers of the Crowti. I am, &c. (Signed) T. H. SANDRRSON. No. 2;53. Mr. Edwunlcs In the Mor'iuis of Hdlisliitnj — {Received lii/ telegraph, Ortolier l.'i.) My Lurd, IVuKliington, October 12, 188!). I HAD the honour (o receive on the lltb instant your I^ordsbip's despatciies of tile iiiid instant on the subject of the seizures of British vessels in Ikhring's Sea. M'itb the view of carrying out your Loidsbip's instructions to read the above dcspatcbcs to the Secretary of .State, leaving with him, should he desire it, copies thereof', r called ycsterdav at tlie Department of State, but was unable to find -Mr. Blaine that day." .\ccor(liiigly, I called on him the nc.vt morning by ap[)ointment, read the two despatches to him. and left with him copies of the same. When I (iiuic to the passage in your Lordship's despatch which relets to the communiention made by .Mr. I5ayard to Her Majesty's Goverumctit, uiioHicially, of an assiuaiice that no finther seizures of the character indicated should take place ])endin!,' the discussion of the rpiestions involved between tbe two (ioveruments, Mr. Blaine 8top|)ed nil- and asked me if I could tell him in what manner this unofticial assurance had been 1,'iven. I replied that I believed it to have been given in a letter from ilr. Bayard to Sir [j. West, and that t'ne letter would be found in tbe printed correspondence relative to the seal fisheries in liebiing's Sea whicb was laid before (!ongress this year.t When I bad concln(le of them, which 1 handed lo him, and before 1 took my leave be stiid that he would send »ie a reply later on. I have, &c. (Signed) H. G. ICDWARDES. No. 234. The Marqiiiis of ^Salisbury lo Mr. lidwanlen. — (Substance telegraphed.) Sir, Foreign Office, October 14, 1889. Wrril reference to your telegram of the 12tb instant, I have to observe that the tissurance to whicb 1 alluded in my despatch of tbe 2u(l instant was conveyed to nu" uiioflieially by Mr. I^belps on the 3r(l April, 188H.:{: The conveisatioii was rec(>: led i» a letter of the same date to the Colonial t)llice. There is also an allusion in a siiiiilui' sense in a desiiaich from Sir L. West of tbe (ith April. 1 am, &c. (Signed) SALISBURY. • Nov. 22S nnil 2'J9. t See ^t(■«53^c I'roni the President of llic Uniti'il Sialics uf Vcbruarv 12, 1H89, p. 12; Mr. Bayard (o .Sir 1,. Wist. IVbriiiiry :!, 1^87. I Svi' Nos. Ill aii.1 im 323 No. 235. Foreign Office to Coloiiiiil Office. Sir, Forcinii Offici; October l;i, 1889. I Aj\I (liicctcd by the Marquis of Halisbuiy to €^c,•kno\vl(,'(lge the receipt of your letter ol the ytii instant, forwarding copy of a letter and iiieiosurcs from Mi-. T. A. Clarke rclnlivf to the seizure of Rritisli sealinir-vessels in Bchriim's Sea, witii special mention of till ol the ytii nistant, forwardmg copy ot a letter and ineiosurcs from Mi-. 1. A. Clarke icliilivf to the seizure of Rritisli sealing-vessels in Bchring's Sea, witii special mention of till! case of tiie "Juanita," and aslhury, ni terms similar to those suggested as a \v\^\\ to .Mr. Clarke in your letter (il the lath instant. I am, &c. (Signed) 11. II. MEADE. Inclosurc 1 in No. 2'.%. Depuli/ Odcernor Sir H'. Ritchie to Lord KuiUsford. Mv Kurd, Oltoira, Sejilember 19, 1889. I ll.W'E the honour to forward herewith a copy of an approved .Minute of the Privy Cuiiieil, submitting a copy of the Resolutions |)asscd at a meeting of the citizens of Victoria, Hiitish Columbia, on the 31st Aui^ust, respecting the seizures of British sealing- vi's-ils in Behring's Sea. I have, i^c. (Signed) W. J. KITCllIK. Inclosurc 2 in No. 23G. li'jiiiii „f ,1 Coiinnlllee of the Honourable the Prhij Council, approved by his Excellency the (iocernnr-Ge)iernl in Council, on the \4th September, 1889. 'K\' a Rcfairt, diitdl the Utli .September, 18S9, from the Minister of Marine and I i^liirie^. suhmitting a copy of the Resolutions jiasscd at a meeting of the ciiizens of ^il•lllria, British Columbia, on the 31st August, having reference to the Behring's Sea M'l/ures, the Committee, on the recommendation of the Minister of .Marine and Fisheries, advise that your Kxcell(Miey be moved to forward a copy thereof to the Right Honourable 111!' Principal Secretary of State for the Colonics, for submission to Her Majesty's Govern- ment. All which is respectfully submitted. (Signed) ri28] JOHN J. McGEE, Clerk, Privy Council. 2 T 2 324 Inclosure 3 in No. 236. Resolutions adopted at a Meeting of the Citizens of Victoria, British Columbia, held August 31, 1889. [See Inclosure 2 in No. 231.] No. 237. Colonial Office In Foreign Office. — {Received October 25.) Sir, Downing Htreet, October 24, \b><^. 1 AM directed by Lord Knutsford to transmit to you, for the consideration of the Marqui.s of Salisbury, copies of four (lespatciies, witli acconii)anyini; papers, received from the Governor-General of Canada, relatinir to the seizure, by the United States' Revenue- cutter " Rush " in the Hehring's Sea, of the British sealing-vessels named in the margin.* I have, &c, (Signed) R. n. MEAUE. Inclosure 1 in No. 237. Deputy Governor Sir IV. Ritchie to Lord Kniitsjord. My Lord, Ottawa, September 20, 1889. I HAVE the honour to inclose herewith, for yur Lordship's information, a copy of an approved Minute of the Privy Council, submitting the affidavit of the owner and master of the British schooner " Minnie," who therein set forth the circumstances under which that vessel with her cargo of sealskins was seized in Rehring's Sea on the l.')th July last by the United States' Revenue-cutter " Rush." 1 hove, iVc. (Signed) W. J. RITCHIE, Inclosure 2 in No. 237. Report of a Committer of the Honourable the Privy Council, approved by his Excellenry the Governor-General in Council, on the H/A September, lb89. ON a Report, dated the 12lii September, 18HI), from the .Minister of .Marine and Fisheries, submitting the atiidavit of the owner and master of the British schooner "Minnie," which vessel, with her cargo of 421 sealskins, was seized in the Hehring » Sea on the l.Oth July last by the United States' Revenue-cutter "Rush;" the Committee recommend tiiat your Excellency be moved to transmit a copy of tiiis Minute, together with copy of the annexed affidavit, to the Rigiit llonoiiraijle the Principal Secretary o( State for the Colonies, for submission to Her Majesty's Government. All which is respectl'uUy submitted for vour Excellencv's approval. (Signed) " JOHN J. McGEE, Clerk, Privy Council. Inclosure 3 in No. 237. Affidavit of Victor Jarobson. I, VICTOR JACORSON, owner and master of the Rritisli schooner " Minnie," o. Victoria, British Columbia, make oath and say ;— I cl'.-ared my vessel from Victoria in the early part of May for a sealing voyage to Behring's Sea. My v;rew consisted of five white men and sixteen Indians. I entered the sea on the 27tb June, ;ind commenced scaling on the l.')tb July. I was hovc-to undir reefed mainsail and jib, when I perceived a vessel under fidl steam bearing down upon us, .. * " Minnie," "Junniln," " I'atlifniilcr," nii(i " Ijly." 325 Tliis was about 3 I'.ii. I made sail and tried to get away, but was soon overhauled by what turned out to be the United States' cutter" Hush." Some one on board shouted out, "Jk'ave-to." I did so, and a boat tilled with men came alon}»side. A Lieutenant came on lioiird and asUcd me Cor my pajiers, which I gave him. He then asked me how many seals I had. I re|)lied about 450. lie then took my papers off to the cutter, and returned and ordered his men to take ott' the hatciies, and brinu; up all the skins they could find. Tliiy took off' 421 ."kins to the cotter. 1 went on board the cutter and interviewed Captain Shepherd, who told me he must obey his orders, wliieh were to seize every sflionner lutmd sealiiiit in the Uelirinj^'s Sea, and send them to Sitka. I returned lo tiie sihnoiier, when the Lieutenant asked me for my guns and spears, lie look a lireccli- loadiiiy; j;im and a inii/zki-loader, but refused u French musket which i offered him. lie then left with his men, leaviii'.' one man on lioard. 'I'he cutter tlien steamed away. Tiie Ijiculeiiant told me before leaving;; that 1 was G5 miles south f^ast by east from Aonimuk Pass. Alter the cutter lelt the I'nited States' sailor told me ie was in charge, hut he never attempted to interfere with the working of the vessel. Sometime afierwards he sliiiwt'd me his writien instructions, wiiich were that llie vessel diould |)roeeed to Sitka, and there he handed over to I'nited States" .Marshal, and that tlie ca|)tain and mate should be arrested. I then eoneluded I would not go to Sitka, but would continue my voyage. Tiiat ni:;ht we made some new spears, and next moining commenced hunting as though nothing iiad hap|)erie(l. '•' e captuied hfty seals that day and ninety on the next, ke|)t on liiintin;; miiil the 1 7th August, wiien, having five hundred seals on ooard, 1 lelt for the south. After passing through .\onimak Fass, I told tiie p:i'/.e crew I should steer for Victoria. He replied, " 1 always thought so." The Indians told me if the United States' sailor attempted to take the vessel to Sitka they would throw him overboard. We arrived in X'ictoria last evening, and to-day at noon tlie prize crew catnL' ashore and reported at the American (-onsulate. (Signed) VICTOR JACOHSON. Sworn before me, at Victoria, Hritish (,'oluuibia, lind day ol September, a.d. 188ij. (Signed) Roiiiciti' Wakd, A Juxtirr of tlir I'riiri' for the Provincr of liriti.sk Coldiiihid, Inclosure 4 in No. 237. Excellenni tht Drputi/ Governor ,Sii IV. Ritchie to Lord Knutsford. My Lord, Otlaua, September 21, 18S<). 1 HAVIv the honour to transmit herewith a copy of an approved Minute of the I'rivy Coancil, submilting the affidavit of the master and mate of the British schooner ''.luanita," w'lieh vessel was seized on the 31st July last by the United States' Revenue- (Mitler " Rush," together v.ith a copy of the receipt of the captain of the " Rush " for the .ship's i)apcrs, and a sealed envelope addressed to the United States' District Attorney at Sitka. Your Lordship will observe that the seizure took place about 80 miles from the nearest land. I iiave, &c. (Signed) W. J. RITCHIE. Inclosure 5 in No. 237. Report of a Committee of the Honournhie the Privij Council, approved hi/ his Excellency the Governor-Oeneral in Council, on the \4lh September, 1889. ON a Report dated the 12th September, 188!1, from the Minister of Marine and Fisheries, submitting the affidavit of the master and mate of the Hritish schooner ".luanita," which vessel, with !ier cargo of 020 sealskiris, was seizeil in the Hehring's Sea on the 31st July last by the United States' Revenne-cutter " Rush," together with the original reccij)t of the captain of the " Rush " lor llir ship's |)apers, ,aid a -ealed envelope addressed to the United States' District Attorney at .* a.ji., the schooner being at that time in latituch? rii)" 30' north, longitude 170° 25' west, according to the master's reekonin','', the United States' Revenue-cultcr •' IlichanI Hush"' was discovered a short distance from the vessel. After some delay she (the " Kichard b'ush ") steamed alongside the "Juanitii," and the captain refiuested that the schooner be hove-to, as he wished to board her. In the eource of a very short time the schooiirr was boarded by three offieei's, the senior (li whom incjuircd liom the master with regard In tlie length ol time the vessel had been in the sea, and the nuiulier of sNins on board. On learning these jjiirtieulars he (the oiiiceii inf'oi'med the master of the ".luanita " that he should have to seize his vessel and catch ; alter wliieli lie instriiclcd his boat's erev>- to tranship the sealskins ((iL'O in number) to \\w " Richard Rush," which work was immediately ])roceeded with. The schooner's master remonstrated with the steamer's ofiicor at the irregularity of this proceeding, (jointing out the fact that tlie vessel was then something like 80 niiiis Irom the nearest land, and on the blue water of the Great Ocean, to which the ollicer replied that he was simply carrying out the orders and instructions of his superiors. lie then denianded the schooner's papers and the spears of the Indian hunters, which were triven nn. The papers consisted of the schocmer's certilicate ol registration and her clearaiiee. After all the skins had bcci\ tr;mship])('il. two letters were sent on board the schooner: one (addressed to the master) proved to lii' a certificate of the seizure, and the otluv wa> addressed to the District Attorney of Ah.ska at Sitka. With these came verbal instructions to the master to proceed with his vessel to Sitka, after which the steamer went on her way. During the time of these operations the British ensign was flying at the schooner's peak, nor was it hauled down until alter the steamer had resumed her course. (Signed) C11A3. E. CLARK K. JOSIil'lI SI'X'ORD. Sworn before me this 2nd day of September, 1SS9. (Signed) J ^\. Shotbolt, Justice of the Peace. Inclosurc 7 in No. 2:57- Certijicute of Seizure. United Stale.s' liereiuie-aleainer " Rush," Hehriin/.s- Sea, Lnt. 55° 42' A'., Lomj. 170' M)' (('., July 31, 18h9. To whom it may concern. THIS will certify that I have this day seized the British schooner " Juanita," of Victoria, !5ritish Columbia, C. E. Clarke, master, lor violation of lasv, section 1956 Revised Statutes, United States, and taken possession of his ship's papers, consisting of registry and clcinaiicc. (Signed; L. G, SHEPARD, Captain, United States' Sevenue Marine. 327 Inclosure 8 in No. 237. Captain Slfpard, L'.S.N., to the United States' District Attorney. United. States' Itevenue-stramer " Rush," Behrimj's Sea, Sir, FmI. .05" 29' N., Lnn,j. 160° 15' W, August 6, 1889. i HAVE the honour to inf'urni you that I have this day in th- Hehring's Sea, latitude 55° 29' north, longitude 16(i° 15' west, seized the British schooner "Lily," of Victoria, British Coluiixhia, Joiiii Tleilly, niaster, for violation of law, section 1956 Eevised Statutes. I have taken his arms and sealskins, ;$.'?;'> in number, on board the " Hush," for lietter seenrity, and as 1 have no olheer to sjjare to place in eharn;e, I have directed the c'n|)taiii to jiroeeed with his vessel to Sitka, Alaska, an(l on his arrival to set liis crew, three white men and twenty-five Indians, at liberty, and to report in person to you; and I have to i('(niest that you will take charge ot this vessel and her officers. Captain John Rcilly iiiid mate, Cieorgc McDonald, until I t^an appear in the United States' District Court at Sitka :ii;ainst them. Very respectfully, (aigncd) L. G. SHEFARD. Inclosure 9 in No. 2'i7. Deputji Gdrrriiiir Sir fV. Ritchie to Lord Knutsford. My Lord, Otiawn, September 23, 1889. i flA\ E the lionour to transmit herewith a copy of an approved Minute of the Privy ruiiiieil (jl Canada, to which is apjiended a co|)y of tlie sworn statement of the master of ilk' IJritisli schooner " I'athtinder," i;iving particulars of the seizure of his vessel by the I'liited States' Revenue-cutter "Richard Rush," in Uehriug's Sea, on the liTth Augiist last. 'I 111' Canadian (ioverninent, as your Lordship will observe, call attention to the iri'it.itin;;^ .uid unjustiliable nature of the seizure, and request that suitable redress be ili'iiiaiuled from the United States' Ciovernnicnt for the wrong inflicted on loval subjects oi" llir .Miijesty. I have, &c. (Signed) W. J. RiTCHIE. le schooner's Inclosure 10 in No. li.'37. RriKirl nf II Committee nf the Hniiniiriihle the Privij Coinicil, npproreil hi/ his E.rcellency the (lOvenior-Generiil in Coiiiirll, nn the I4th Septendier, 1889. ON a Rejjort, dated tiie 7th September, ISS'J, from the Minister of Marine and I'i.^lu'ries, submitting, in connection with the Hehring's Sea seizures, the sworn statement 111' the master of the liritish schooner '• I'athtinder," givmg the particulars of the seizure of this vessel by the United States' l?evenue-cutter '■ Richard Rush " in the Behiing's Sea, on the '_'7th August last, and the removal thereto from tin; " I'athlinder " of SSi sealskins, together with all tiic riHes, shot-guns, and iunmnnition on board; the Minister submits also the instructions given the special otticer placed on hoard the "Rathlinder" by the comiiiauder of the " Richard Rush," and it will be noticed, however, tb^se were ilisrei;arded by the master and crew, as tlie vessel was navigated to A'ictoria, i'ritish Columbia, instead of Sitka. The Minister observes that the circumst.uices which characterize this seizure are no less irritating and unjustifiable than tho.se which have jjreceded it. The Committee reconnnend that your Excelleney be moved to transmit a copy of this Minute, together with the papers herewith, to the Right Honourable the I'rincipal tert'tary of State for the Colonies, in order to bring to the notice of Her .Majesty's "ovcranient the particulars of the seizure in (juestion, with a view to seeking from the tiovernnient of the United States redress commensurate with the wrong which has in this lase been indicted upon loyal subjects of Her Majesty. All which is respectfully submitted for vour Excellency's approval. "(Signed) JOHN J. McGEE, Clerk, Privi/ Council. 3'J« Ihclosurc 1 1 in No. 'SM. Slali'inent of Captain O'lj'anj. I'lrtorid, liilli.sh ('(ilitiiiliid, Aiti/u.sl '.\0, IHH!), CAPTAIN O'LKAUY statos ttiiit lie sniliid as iiiastcr on board thcHritisli scliooiier and Mnnsic, of N'ictoria. Wo cleared at ('ustorn-lioiisc ' PatliHnder," owned bv V on tbe ITtli April I'or a .sailinu: expedition to tiiu North I'aeidc Ocean and on Hebnni;'s Sea. We bad fair siieeiss, ai\(l sbipped the early season's eateli to Victoria. Wc entered Hcbring's Sea on the 1st ,)uly, imil up to tlio 'J7th of tbat niontb had t-dit'n about HflO skins, the weather luinu: rather nnfavourable foi sealit)ir up to that tin the niornms of the 'JOIli we sighted the United Stalls' cutter ■ Itieh Id about ■ u to bcave-to I did nil biliiude, ]l^^ II' west lorifxitude. Coininander Sliepard ordere On I me tbire was no wind, escape was impossible, l-'irst Lieutenant it i was sealiin;: I told !iini I was. Tuttle came on boaid with a boat's crew, and asketl He asked me how many skins I had on hoard ; I told bini 1 had about K/34. he then returned to the Hevcniic-eutter, and in a short time ri'tuiiied and told me he was iioini; to seize my vess( ■ebrintr's Sea. 'I. I asked li His men lit he was '.'■oiii'; to s(Mze me for ; he said for sealing in sb(jt-i;uns, also al the ship s |iapir> H,5-l sealskins, li> ri transferred to the cutter '■ Kush." He put one of his crew on board my xcssci, and t searched my vessel, and took shells, carl rid wliK'li were nie to proceed to Sitka wi th til Pathfinder. riic '■ Itiish " then steamed awav, and 1 htai: ed the 'atlilinder ' south, .\llei wc wcii' well out of the i$(b Sei sonic ol mv crew inrormed the Amerii 1. nicer that wc were ImjuimI lor Victoria. H(^ >aid noti III!" to me, noi did ic oli'cr any objcttion. As the iiiontli of .August is onr best sealiinr nioiii 1 consider wc could easilv have taken .'},()((() seals in all lo the end of tlie Sworn Infore n;e this .'ilsl dav of .Vuifust, 188; (Si-ned) seahiiir season W. O'LKAliV (.Si-iiid) .). \\ . Siloriiiil.T, .Jiislicr of I lie Pc Inclosure \'2 in No. "J 7. ('iilifnin Slicjuirtl, L/..S'..V., lo Mr. Himler. Vnltvd Slates' licreiiiir-ciiltcr " liiisli," lU/iriix/'s Sra, Sir, Lat. f)?" 24' A'., Lonij. 171° o.V 11'., ./»/// '.>!), 188!). YOU are herciiy apjiointcd a special ollicer, and are directed to proceed on board the schooner " Pathtindcr," of N'ictoiia, liritish Columbia, this day sei/cd for violation of section lO.'jd Revised Statutes of the United States, and assume ch:n;:c of the said ve.-sel, her officers and crew, twenty whitcincn, all told; cxccplinu- the naviyalion of the vessel, which is reserved lo Captain O'J.eary. and which you will not intci Icrc with unless yoii become convinced he is proceeding to some oilier than your port ol destination, in wliicli event you are auihorizcd to assume full charge of the vessel. Everything heiiisr in readiness, you will direct Captain O'l.caiy to make the best of his way lo Sitka, Abi-kii, and upon arrival at that port you will report in person to the United States' District Attorney fur the District of .Alaska, and deliver it to him, the letter so addressed, llii schooner, her outfit, and the jiersons ol Captain William O'l.cary and male, A. Davidson, and set the crew at liberty. After being relieved of the projierty and persons intrusted to your care, you will await at Sitka the arrival of the " Kush." Hcspcctfullv, &c. (Jsgiied) ■ L. (;. SIIKPAKI). Dejj, Inclosure I'i in No. i.'37. II (ioii-rnor Sir IT. Rilrliir lo Lord Kiiiils/ord. My Lord, Olluini, Srjilrmhi'r -.'I., ISS'.I. I HAVE the honour to foiward herewith a eojjy of an approved .Minute of the I'livy Council, submitting a copy of the atlidavit of the master of the British scaling-scliooiier "Lilv," which vessel was .seized in Behriinj's Scu by the United Slates' Ueveiuic-ciillci " Richard Rush" on the (Jtli ultiino, about (iO miles Iroin the nearest land, togellier with a copy of the certificate of seizure signed by the captain of the "Richard Kush," and n seuleci coinniunication addressed to the United States' Distri('t Attorney at Sitka. 1 have, &c. (Signed) W. J. RITCHIE. 329 Inclosurp 14 in No. 2.1". Uriiiiil iif II ('oiiimilli'f iif till' llnii'iiiriilih Ihr I'riri/ ('(niiiril. iipprnrril hi/ his Eicclhniij llir (lOi-rnini-driirrfil in i'miiiril. an Ihr iS7/i Si'ptrmhfr, IM^O, ON a Mctiioinndiini, dutcd the IS||| Sc|itcinl)cr. ls-,(), iVoin ihc Minister of Murine mill l''i>-lii rics, siihii.ittiii'.' ihc iilli(la\it nl I In; iiiiister (illliu liritlsli sciilin^-scliooncr *' Lily," wii'ih vc-sci wiis on the 'Jtii (iiiy cif Ant;ii»t hist in tiiL- !ii'ln-inL;'.s Sen (l:iiitn(li.: ')')° i.".*' iiorlli, |iii)i;itii(lc ]'>(!' If)' wot), (listiint iihiuil (iO miles iroin tJK- nciuest liuid. witii iicr ':M-'j,n n[ :\.V.\ •»'». I, .inllN RK1I,LY, of the city of Victoria, I'rifisii Colni'ihia, master mariner, do soleniiily and sincerely declare that : 1 am a iiiastcr mariner, and wa^ at the time of the occm'r. nces hireinaltcr mentioned, and still am, the master ol' the schoonc '■ l.ily,"' ol' the port of \'i,-toria, liritish f'oliimhia. On the nth day of Anirust, .\.n. I><*^'J, whilst I was on hoard and in command of the said schooner, and she then heiiv,' on a sealin;,' expedition, and hinnu; in latitude :")•">" 'iD' nni'tli and loni,'itndo 166° 1.5' west, and at a distance of ahout (iiJ miles from nearest land, the United States' Kevcnnc -cntter " Kichaid Knsli '" overhauled the said schooner. I v.ns firs', boarded hy tiie First Lieutenant, who was armed, and vvlig asked me how ninny ^liins I had on hoard, f rc]ilied that he slionld find out himself, and said that if he wanted to see the scliooner's papers I would show them to him, and would render liini assistance should lu' want to search the .schooner for eontrahanil iroods : hut I would not aeknowledtre his riirht to seize mo for sealing on tlie higii seas. The First Lieutenant then returned to the cutter, and in a short time letnrned, atciimpanied hy another hoal ol the cutter, which was in charu'e of the Second Lie\iU mint. I hey hoth came on hoard, and the First Lieutenant demanded of inc the surrender of the schooner, and askini; at the same time for the schooner's papers. This I at first (li'C'liiied to do, and the Fir.-t l-ieu(enant said unless I gave the schooner's jiapers to him at once, he would lake them hv force. I then i,'ave him the schooner's papers, consistiiii; nl rctristrv, eoasiiuiL,' licence, and clearance. 1 he First Lieutenant tiien ordered liotli boats' crew to search the scliooner, and tiiey took honi my schooner .'53.'5 sealskins, all in uood order. lie ihen asked me it J would yive him two sacks of salt. .1 told him that il would lie useless for me to rcluse, as he could lake tlii'in hy force, so 1 told him to ito ahead and liclp hiiiisclt. He then 'saw me two letters, tlie contents of which were ludiuown to -i c at the tinu', i!i;e oi' them heinu: sealed, and the contents of wliicli is still unknown to me, 'he other OLTliiyin:; that he had seized the schooner "l^ily " for violation S!). TIII'> Committee of the I'rivy Council liave had under consideration a cable despatch. dated the l8th August. 1880, from Lord Kuutsford, intimating that Her Majesty* Ml (Jovcrninciit considiMs thai it would be in ii ^troiiu'cr position for dciiliiiix dctiiiiU'ly with I'cliriim's Sen cnscs if appcids in 188(; s('i/uiT> wcii- pushed on, iiiid th ■ d('si)atcii troes oil ti) Miv : " It is very iiinisMnl lo pic^-^ lor diploinatic' irdirss tor a privaU. wron;^ as loiiir as tiicir is a rcasoiialdc cIimiicc dI' ()i)taiiiiriir it li'diii tiic 'riiliimaU of the cninitry." The Minister of Maniu and I'islieiics, to whom the table despatch was referred, Mihiiiits the annexed |{epi>rt, in which tiie Cotnuiittee concur. The ( 'ciinniitlce iceoMnncnd that vour I'Aecileney h(; niovi'd to forward a copy hereof and t lie ainu'Ned jiapers to tlie KiLjiit iloriour.d)le tiie Secretary of State for the Colonies. All which is respectl'idlv suliniilted ibr vonr Kxeellencv's approval. (Signed) .JOHN .). McCJKK, Clerk, Privij Council. Inclosnre :> in No. 2.'58. Mr. Tupiiir In llir 'idrt'riinr-driifrdl in Council. Olfinrn, Scjitcnhrr !), IKS!). Till". I'nder.sifined has the iiouonr to icpoit that hi' has had before him a cable (lc>iiatch I'roMi l^oid Kiuitslord lo \)\\i- I'Acclleney, d.ilid the Isih Auj,'iist, 18>*t). I'his despaleh inlimales that Her .Majesty's (jovermiwnt considers that it would be in a str()n;,'er posiiion for (lealiiiL' delinitely with liehriiiii's Sea cases if iippeals in 1 ^Slj sc'izares were pushed on. 'I'he despatch ),'oes on to say : " It is very unusual to press for (ii|il(anatic redress tor :i private wron;; as lonj; as there is a reasoiiiible ciiance of o'jtaiuiiii,' it from the ' ' 'b;:- iS of the country. '' The Under. litcned desires to call attention to >onie ol the eorrcspondeiiee Aliieh ha.s already taken i)lac(.' upon this subject. It \vill he !ecollccteii 'lat in ,)uly I'^si? Ibi' .Majesty's Principal Secretary ol .State (or tlir Colonics cxpresbcil the di'>ire of the .\lar(|uis ol Salisbmy that before any furthei' iv|uvseiiliili. i]:> ate made lo the L nited States' (iovernment with a view to obtaining rip.ii'iitioi). ihal Her .Miijesty's (iovermuent should be in iius.se>.sion of tin' rec ord of the JDiliiiul proec'edings in the Distri';! ( ourt in .\laska.* C'ojiies ol records in United Sliites' District Court for the District of Alaska in the cases of "Unwtird," "C'arolena," and "Thornton'' were duly forwarded in .\ui;iist 1887. t In acknowledu;ing their receipt, the Marcpiis of Salisliury said: " 1 have further to r((|ue>t that you will endeavour to ascertain and report to tne when it is probable tliut the ap|)eals rclerrcd to in your despatelies of the 2rid April, Iss7, niid of the (itli .May, |Ss7, respectively, of thi' owner;- of the .\merican ships whit'li were seized on sitiiilar grounds, will come on for hearintj, and whether any arrauf^einent lias been or can now in your opiiuon advantageously be made between the owners of the l?rilish and AiMcricaii vessels on the one side and the Government of the United States on the other, tlmt one of these cases should be regarded as a test ease, by which, in so far as the .American lecal Tribunals are concerned, the remaining; cases might be held to be concluded. " It must, however, be clearly understood that any such arrangement, if made, would only atfeet the legal remedies w hieh were o|ien to the masters and owners of these vessels in the Aaierican Courts, and would in no dci^rce limit the right of llcr .\laje'r-ty"s t iovernment, after all such legal remedies were considered to be exhausted, to inhuvene through diploiialic eliannels and on internatioiiid grounds on behalf ol' such masters or owners." Tia' suggestion, that the United Stales should agrei; to a test c ise for su!) nission to the United .States' Suprenu! Court, was never acted upon. The cases of the United States' vessels referred to in this despatch as having been seized under nrcumstanees similar to tlioie of the IJritish vessels were discontinued by consent of Counsel representing both private owners and the United States" Government. No suit is, therefore, now pending before the Tribuuids of tiie United .■Stales, with the i.'Xte|itii)n of the case ofthe " \V. 1'. S.iyward," n iSritisli ship, as bereinalt .r ex|ilained. I'.i .lanuary 1887, it appears tlu' authorities in Washington direeteil the release of the '' Onward," " Carolena," and " 'rhoriuon," the 188!j seizures referred to in the cable m(.'»sa;4e mider consideration. l'|iiiii this subject an extract from a letter, dated the 17tli .\ugust, 1881), fioin •Mr. A. I,. Belyea, Attorney for the owner.s ot the vessels above rclerrcd to, aiul addressyJ to ihciii, is appended to this Report. + [1-28T • Sir H. 1Io1!m.1, .liily 14, 1.S87. t The Marquis of S^listjiiry to .Sir I^. \Vo»l, AujusI 10, 1SS7. * .Viipcndix (.\). •2 U M3'2 In the year 1SH8, the Canadian GoveruintMit liavinf; ineiuired whether the vessels seized could he honded witliou; iin|)(>inf; on the owners tiie ()i)lii;ation to uppeal, corresipondence look ])liiee hetwien tiie Bi itisii am! the United States' authorities, aiul upon the 21st day of June a Contidential despateli was ieeeive8 thai no appeal could be taken in the matter ol'the seizures ol' ISsC. (3nc vessel only of all those seized in the ditfevent years was released upon a bond ol security for costs of an appeal being' given, viz., the " W . I'. Sayward," the cireuni- stanees attending which transaction are ;xplained in .Appendix (li). The United States' Marshal at Sitka wms directed to take the remaining sehooneis (at that time in possession of the United .'^tales' authorities, viz., the "(irace," "Dolphin,' " Aima Beck,'' and " Ada") to liugct Sound lor immediate s:de. The owners of the " Anna Beck." " (jrace," and " Dolphin,'' seized in 1887, bavin;,' been refused leave to ap|)eal, p^rnlis^i()n was asked Ibi' bonding' tiicir vessels at appr.iised value, and to have the sale Ihcn about to take place postponed pending the settlement oi' the question. After rejiresentation had been accordingly inatk , Mr. I'ayard informed Sir L. S. West that the Acting Attorney-General had directed the postponement of the sale, and had instructed the United .States' Marshal to vccfive bonds in lieu of the vessel. Mr. Bayard subse(|uently inclosed, under cover to Sir L. S. West, letters from the United States' Marshal for the District of Alaska, in which !ie reported that the orii^inal appraisement of these vessels was evcpssive, and that the value had still lurtlur deteriorated in conse(|uence of the chmate oi'.Maska. For these leasons the owners of all these vessels, with the exce[)tion (jt the o.Mier.s of the ".•Xima Beck," refused to bond them at the old appraisement. The owner of the '• Anna Beck ' alone was willing to give a bond at the original a[)praisement. subject to a hnal settlement of the matter without necessitating an apjieal to the .■^ii])reme Court of the United State?. Accordingly, the Government of Cimaoa re(|uested 1lie British (Government to move the United States' uutborities to aiitliorize the reappraiseinent in the cases of the "'Grace'' an.'. "Dolphin," and to saucticn the bon(ii:;'^- of flw " ,\mia Beck" in the manner proposed. After much delay, it was intinrated thai the sale of tiie:-i with, and a reappraiseinent and boniiing as above wouh States' authorities. From the correspondence licrcin leviinved, it will thus be seen tluit the only apjiwil in the Canadian case from the .Indumeitt of the Court of First Instance which has been preferred is in tlic case of the " W. F. Sayward," seized in Iss;. This case has been duly inscribed in the Supreme C(nirt of the United States lor nearly a year, iuid. on inepiiry, the Undersigned learns that it will not be reached in its turn for argument for another year from this dale. It tiu'lher appears that the suits regarding the United States' vessels seized imder similai ciremnstauces have been discoii- tinned ; that no te.>t case was ever aurced upon : and that Ibe Unitiil St lle^' (icvciMiiicnt w juld not sanction the udeuse and bonding of the seized \e-st Is pending a settlenicnt nl the (piestion. The ovvncr.s o' the " W. P. Sayward " having to await the almost entllcss dehu> attending the arguments and decision of a ci '■ in the Supreme Com-t of tiie Uinted States the questicai whether an appeal lies in such a .ise being also involved, and th(^ adniinistra- tion of that country evincing no ilesire to \ iv an early decision in their Apiiellalc t'ourl ujion the cpiestion at issia', flu Undi signed iiopes that Her Al.ijcsty's (Joverninciit will not consider that the just d"i>.ia.:ds ,)i tnc Canadian (jovernmeni sboidd not be [ircssd until the case of the " W. P. Say .'ani " is , isposed oi^ The decision ol the Comt in tlu l>i.--lriel of Alaska in Ibe case ol tlii> ' Dolphin, "« case similar to all of the rest, proceeded upon the one ground, viz., that Behring's Sea wu» vessels would he proceeded not lie sanctioned hv the I'uitwi 333 1 ill 1><>8 tliat Heck" in the [cdc.l to tlu; United Stales liy Kiis^iii, iiiul tliiii tin- title in Russia at that time whs exchi-ivc* It will be observed tliat none ol' the sci;iiRs in lUliring's Sc^a ibnnin'; the suiiject of colli ^piindenee between iler Majesty's (ioverninent iind timr of the Unite.i Stiitcs inyolve tlie iiivesti'-'ation ot CDinplieauil facts. I'lcrc is no j-.rotension tiiat any > esse! seized was within tiu^ O-niile or teiiitoriai limit. The sole (jnestion is the claim of t'lie United States to tiu' exelvisive control over that part of the North Pacific Oc^au knowi ys the Buhring's Son. Till' Undersigned snliniiis that the laet thai iUissia once raiseci the same point docs not I'lahlish on the part of the United States even n piimd f'icie case, especially in view of till.' atiituiie ol'tlie latter country when such a chiiin was put forward by llussia. So lonir as;o as .Inlv iS'sK, tlie views of the t'anadian Ciovernnieni. re;;ardini: the pnipricty of owners of sci/.ed vessels ussiiininir the oi;iii;ation and responsibility of a|ipli()iild he held that no appeal will be. the bonds will he forfeited. Apaif I'rom this risl<, however, which the owners of the vessels are asked to take upon themselves, it a|)peai> that the Lcivinu of bonds of .vicb a nature woulii involve the admission that the Ciiiiils of the United States had iurisdiction in rctrard to the sei/ures, and th.at the Laws of the L'niu'd States applied in the cases of these vessels. Such proiwsitions could by no nu'iiii> be admitted. The vcs.sels bad not enlci'cd within the waters over which the Laws of ihc United States extend, and over vhich the !'..\i;culive or .hidiciaiy of thii' ountry iiavi' any authority. ■■'I'll. ves>els in cpieslion were molested in their lawful occu|)atioii on uli" hic;li seas, and Wen; -eized by vcs-els in the service of the I nited States, but iiossessini; no right whatever to molest the peojde ol' Canada or their property on the ocean. "Similar ontrajj;cs have been committed in tlie precedin;; year, mid the ve^-sels seized tliiii Wire ordeied to be surrendered by the l.'nited Slates' authorities. In the present c.iSv'S, then fore, the rcfietitiou of such acts of viiflence was a proecedin^- for which the owners of the vessels have the liiiht to expect that Her .Majesty's (iovernnient will demand ami e\;,( I redress. Thev should not lie tisked to seek that redn ss in the ('ourts ol aiiv loieiiTii cuniitr} whatever: the Couits ol the United Stales have no more cot,Mlizance ofthcir I'onnilaiiil tliaa the Court of any other ti)i'eifjn couiitrv." 'I'lie L iidersiuiied is not aware thai iler Majesty's (jovcrnment at an_\ time jjrcvious 111 liie cable mes»aj;e now under consideration intimated that the above ground 'vas not "ill taken. On the contrary, previous to the receipt of thi> cable mcssajj;e the particulars 'ifevir\ seizure had been fnrnisheil by the Canadian (jiivernmelil to Her .Xlajesty's (iovcrri- iiii'iH. the opinion o\' the Law ( lllicers of the Crown had been obtained by Her Majisty's (iuieiiiiiient, advisinir that the cliiims could be pressed, and Ihc .Marquis of .Salisbury liad in a ile-paich of the lOlh Sepleinber, ]H><7, to Sir L. S. West, dealt fully with the claim sc! lip hv the Adiiiinistration of tiie Ignited '^tates in eoniicelioii wilh ihe^e seizure-, in wliicli he viatcd : '• Iler Majesty'- {iovcriinieiit have caii'i'ully cunsiilered the transcript iccoiii of ihe .Indicial proceedings in the Uiiitei' States' l.)i>tiiel Court in the several eases "I llie schooners ' ( 'arolelia,' 'Onwaid,' and •Thornton,' which were coiuniunicatcd to }oii ill ,liily, and were Iransniittcd to me in vmir despatch of the I'-'tli of that niontli, and tliey eiuiiiol find in them any justilieation for the condemnation of these vessels." It is Id i)c KMneinhcred that these arc liie seizures of iS.S'j, to which tlu; cable mestin^'e lias s|iccial refereiici'. 'Ihe (ollowinu^ vessel^, whif' piirsuiiii;- their l;b\liil occupation in Ihc North I'aeilie f>c'caii, have been wantonly sei/ed and molested by Uevciiue-cutters of the Lfnited States: "Cainleiia," 'Jnd Aiiijust, lss(i; " Onward," -id Aiiyust, l>^.'^l»; " Thornton," Jind .\u!;iist, iWi; " W. 1>. Sayward," Olli .Inlv, Isn; ; " Dolpliin," UJlli .Inly. KsST ; " Anna IJeck," '-'ml .liilv, |s<"; ■'•(irace," 17th'.lul,>, 1887; "Ada," -yAU Auuust, ]^^'7; '•Alfred Ailaiii-." Cili .Mi-usi, l!'S7 (escapeilV; " rdack I>i>imond,'' 11th .Inly, K^^-^U (escaped); "I'allilindir/' ii7ih AuL;n.sl, IhS'l: "Minnie,'' l.">lli .lulv, l.-Sl); hcMdes the " Fnvoriic,'' * .•sec l(ii|)url, Guwnior ot Alatua, IbS". :iu warned oft' under threat of seizuiv, 2nd Aui:nst, 1SH6; and the "Triinnpli," searched lltli July, 18Sf). Ill every instanee, a-< already staled, \hv Canadian Government lias [iLiced llrr IMajestj's (jovcrntnent |)r()Mi])tly in |)o-isession of the inforniatioii in its jiossession, and it is willi much re^ixt that, at this (late. wIkmi the period lor appeaiinp; has loni^ since expired in the ease of the seizures of 18^(). the Undersigned learns that any further step, are considered necessary to strenirtlu^n the demand made in Issi! upon the United Stiit>' Government, more especially in view of similar outrai^cs now hcini; daily perpetrateil. "With dclercnee, the Undersignt'd further suhmits that the intimation in the cable despatch ahove Tnention<'(l is somewhat iniusual iming any claim for the immediate attention of the Hxceutive. In view of the lirmn(!ss with which the riuhts of I5rifisli sid)jects on the high seas iiavc been maintained in the past, the Undersigned fails to a[)prcciate not merely any reason for the long delay in ohtaining sati^,faction from the aggressive and hostile action exercised against British subjects and Hritish jn-opcrty l)y the Uinled States, hut also for the wanton continuance of this treatment liom which so niucii direiit and indirect damage and loss U sustained by one of Her Majesty's Cidonial i'ossessinus. Moreover, the Undersigiu'd would call attention to the imnnneiit danger of loss of life, not to speak of the physical siilhrin; already sustained, since it reijuire-^ no arirament to sliow that the lawless violence on the part of the Revemu' cutters of the United Stales' (iovernmcnt may at any time lead to forcible resistance Irom the crews of Kriti.^h vessels being pursued and niole-.ted in their lawful |)ursuits. The Undersii;ned, thereloie. recommends that his l''xcellency the (iovcrnor-(jeiicrai be moved to ac()uuint the Kight Honourable the Secretary of State for the Coloni(!s with these views, and to urge that no fhrther time be permitted to clapsi' without securing for British subjects in'.'anada the same freedom in the navigation and enjoyment of the watei's of the Ik-hrih'/'s Sea which the United States claimed for the seamen of all nations when the tei'ritoiy adjacent to that part oi the I'acitic Ocean belonged to the Empire of Russia. Kespectfullv sul unit ted. (Signed) ClIARLKS II. TUPPKH. Miiiislcr i)f Mdiiiir (111(1 Fisheries, Appendix (A). Ke llc/iriiK/s Sra Sci'.iircs. To Captain ,Iohn (i. Con and William Munsie, i;s(|., X'ietoria, 15riti.-li t 'olnmbia. Gentlemen, lirloria, AikjusI 17, I'^'^H- In reference to the orders issued by the United States' Government i'or the release of the British schooners " (.'aroleini." "Onward," ami " Jhornton," seized in Beln'in;:'s Sea in 188G, and since detaiuerl at Ounalaska, I received in Augn-l last from the United States' Afarshal, Atkins of Alaska, tlic following letters : — "A. I,. Belyea. i;s(|,, \"ictoria. " hisliiil of Al((sk((, Of/irr (if I'liilcd S/(itr\' Miiifhid, " Dear Sir, ' '• ,S,7/.'s' yl(';/»>7 .|, |H«,s. "Inreplvto yoiu' Idler of the I'lli.lnlv, I lia\e the honour to state that in the month of Kebru.ary ISS7 ihr oliiccrs oi' the District (.'ourt of this district ivccivcd a (]es|)ateh pur|)orfing to be from ihe Unittid States' Attorney-(!eneral, dirceling the release of the sehooiurs ' Onward,' ' Thornton,' and ' ('iu-')lena,' l)nt, on what was then deemed sufficient evidence, llu^ despal'di was thought to he a forj,ery, and no action was taken in the matter until Ihe receipt in Orlober la^t (if anotiicr dcspat(di frr- - the Honourable Attovnev (!i iieral, as lollons: — "'Let tlu' vissels '• Carolena," '-Onward," and " 'i'lnnnlun '" be released, as ordered ID mine of the ilth .laiuiary last." " On the rcceijjf of tlie above despatch 1 gave notice thercot to Cajitaiii J. D. WurruD 335 and tn .Ml'. C. Spriiij;-, of Vicliiii;i, owners of two of the vessels, and should have ^'iveii like notice to the owner of the ' Caroleiia ' had I known his address and name. I re(|iicstcd Caiiiiiin Warren to notify all owners at Victoria, and Mr. Sjiring published the notice I i^avi hini in the Victoria papers. This I decnied sntlicient notice to all the parties cuiucnitd, 1 have not received any order fro;n W'asliiniilou other tlian uhavv mentioned. " Very respectfully, (Signed) " Baiuon Atkins, " I'liitcd Stdtri' ^^lln•hnl." 'I'lie followini;; copy of the despafch referred to in Marshal Atknis' letter, and of the order made thereon hy .lud^^e Dawson, ol' the United Stale>' District Court, Alaska, I ubtiiiiied shortly afterwards iioni the oliicial records at Sitka: — "To Judtre l^a Fayette Dawson and M. 1). Jiall, •' United State>' District Attorney, Sitka, .Maska. " Wiishiiiijidii, JuniKinj 2fl, 1887. "1 am directed by the I'rcj-ident to instruct you to discnntinnc any further jiro- eeedinjrs in t!ie nritter of the sei/.nre of the 15ritisli vessels 'Carnlcna.' 'Onv.ard,' and 'Thornton,' and discharge all vessels now held under such seizure, and release all persons that may be under arrest in connection therewith. (Signed) "A. If. ('•\Ki..\\n, Adorncij-Gnirral." " Co mi of Onhr. "To liarton Atkins, United States' Marshal for " District of Alaska. " You are hereby directed to release the vessels ' C'arolcna.' ' Onward,' and 'TI)(irnton.' and 'San Die^o,' whicii were seized in Belirin,i;'s Sia for violation of fcctidii i!)."if) United States' Statutes, tuijether with their tackle, apjjarel, skins, guns, aiiiMiaiiition, small boa's, and everything pertaininu' to said vessels. •This 10th day of February, "l8S7. (Sii;ned) " I,a I'wrrTr; \)\\\%ns, l)iMrht .ludije, " lYistrlct of Alaska." About the time I received the above left r 1 met the Marshal in this city, and asked him why no otlicial notice of the release of these sehuouers had been iriven to the owners. Ill l'i'|ily, lie said he tli(iuL;ht it had been done, but if not he would attend to the matter on \i\< return to Sitka, .'^ueb notice not coming to hand as expected, 1, on the IHth October Iblidwini.'. wrote the .Marshal as follows: — ' Iwiton Atkins, Fscp, I'uited States' .Marshal, "Sitka, Alaska. 'My dear Sir. •• I'irlorin, llrillxh ^'uliimhid. Ortnlirr 1»), 1888. " ^'oii may remember a e that not till nearly two years aifer fill' Uashinnton authorities ordered the release oltbi< ves-el, and tin ii only after a-kinir lor it \va< such notice received; and to this da)' the owniis of the " 'I'hornton " and ' 'inward " have received no such ollieial notice or or er lor delivery, and could not, if tln'V so desired, obtain possession of their vessels. The ti|ri;raui oideiiuL: the release was received at -itka on the ".Hh {''ebruary, 1.^^8. Ill' vcs-tls weie then under order lor sale, which order .ludi;e D,iwi-on iiiunediatelv icvokod, anil on tlie 19th ol siiuie month made the order for tlip I'deasc ahovo recited. This order was given to tiie Mar>hai. hnt tiir the reasons ajipareiitly nieiitioned in the -Marshal's letter to me ol'thc 4lli Atiirust, 18^?^, (he matter drDpiu-d. The oifieials at Sitka took no steps to had out wliether th" tcleiirain was i^eniiinc or not. nor did they, so far as I can learn, ever afkno\vledi;e oi' notitV the Washinstoii authorilies of its receipt. 'I'liis shufHinir on the part of thi' Couit Secretary calls " so.nc niisconcoptjqn and nnstake," hut those who know an I hivi' I'ilr ihe power of the Alskii Cninincrpial (,'oini)anv in Alaska call it a vastlv ditferem niine. A])i)e'.idix (B). E.vlriiii of II Lrllcr frmn Mr. .(. L. I'vhien In tlif Depi'lii \fiiiiyli'>' of Fixlfricx, "'I'lie [ihe owner] had yone to Sitka to secure, if i)ossil>lc, the release oi all tiii' schooners seized in \H^~ . viz.. the '■ Grace," " Dolphin," •' .\nna Beck," " W. P. Say- ward," and '• Ada." 'i'hc hond on release '.vas conditioned on |)rosecutinir an .appeal from the Alaska i'istrict Court to the Supreme Court of the United States. The furniai motion thus became one tor leave :i perfect an appeal, i\ud such motion I'or eai^h of the vessels was made! on tlic l-ll!i .\pril lasi hefore .Judge Dawson at Sitka, and in evtrvcase refused, on tiic grounds that the time tor allowing an ap))cal liad expired. Captain Warner's ('ounsel then applied I'or a record ol' the order refusinii; leave to appeal. This was on Saturday. On .Monday following-, April tlu; Kith, without any a[)plication thereloi hy the del'eiulant ov any one on his hehall'. .duke Dawson oti'eied to riisuind the order of Satiiiihiy in the case of the " W. P. Sayward," and release her to the owners. She was then lyini: at I'uiitt Sound, undc!' .m older for s.de on that day. The otfcr wu? accepted (cont)'ai'y, as Captain Wan en says, to the expirclatlon of the United Suites' autliQriiiej at Sitka), and tiu' order of the previous Saturday rescinded, and leave i,'r.iiiteii to apj)eal. I am not iufornied as to the amount of the bond." Appendix (B 2). [This is identic witii Appcndi\ (A) from Mr. Atkins' letter of Ausust 4, I'^SS. to the cud. I No. 239. Mr. ICilirurilcy to llir ^[^n■<|lll■•< of Sulixlidri/, — [I'l'Cfivi'd Orfolicr '_'><.) .My Lord, lyoxhiiiijlnu, Ocloher '.», 18^9. \\ ITII )'cfer(!nci' to the (|uestion of a[)peats filed in the Snpreine Coiirt hy owiiei'sol' sealers in liebrinn's Sea, of which U|) to now it has been believed that there were noiif Init the ca^e of the " ' W. 1'. Sayward ' r. the United States," I have the honinir tu inelijs? a copy of a .Memnrauduiu which I have received Irom .Mr. Caldcron Cailisk' ti" the Hubject of an uppe I, vi/., "The schooner 'Sylvia Mandy ' r. the United States," wliicli, it appeiirs. had escajied the notice ol even the Cldk of the Court, in spite of the inaiiy a|)plieations which have of hue, under the direction of Her .Majesty's Legation, hein made. I .shii|l not f.iit to -ecurc copies of the record, should it he priiued. I have, &c. (Si^nedi II. C. KDWAKDl'.S 337 Inclosure in No. 239, Mcmorniidum as to the Cast' of the fivhtioiicr " Hi/liin Hiiiuly" v. tin; {Octoher Term, 18ts<), Xo. 683.) Unilcil States.' 'I'lIK Clerk of tlu' Siipii'iiK' C'oiirl tulL'|)liont'cl me yesterday that he liad discovered (he above iippcar on the ('ockii, oT the Court, of wiiieh lie knew iiothin|.' on my last visit there. Tiie record, which I have examined, is practically tlie same as that in the case of the " Sayward." It seems to have been filed on the 16th June, 1888. .\Ir. McKenna, Member of Congress from C'alitbrnia, entered his appearance to secure the filing of the record, but the real Counsel in the ease is Mr. Ilowell L, Powell, 207, Sansoine Street, San Francisco, California. The Clerk's attention was called to this case by the visit of local Counsel yesterday, to learn the expense of printini; the record in the case. There is included in the record a brief for claimants, which discusses the pretensions of llussia in Behring's Sea. The tcliooiier's car^'o consisted of 1,07'J skins, and the schooner and her cargo were appraised at l2,()73-25 dollars. The schooner is described as of San Francisco, appears to be registered in the United States ; and there is a certificate of de|)osit of some of her papers with the United States' Consul at Victoria, British Columbia. The ca()ture was made 17 miles from Cape C'heerful ill 'i^ 12' north, IGfi" 50' west. The vessel was captured on the 2nd September, IS87, with forty-two unskinned seals on deck. (Signed) C, CARLISLE. Washington, October 1, 1889. No. 2iO. Mr. lulirnnlns tn iho Martjiti.i of i^alishuVii. — {^Received Orlnher 2^.) \fy Lord, Wasliimjlnii, Orlohrr 15, 18s!0. I HAD the honour to receive your [^ordship's telegram of the 14tli instant, in which, with reference to my despalch of the 12tli instant, you itii'ormed tne that the unoflicial a>.'iarance uiven to Her .Majesty's (jovernmcnt by .\Ir. Bayard that no turther seizure of British vessels in Behring's Sea sboidd take phu'O jiending the di.-,cussion of the points lit i^siic between Her .Xhijcsly's Government and that of the United States, which was rekrre89. WIIIvN 1 had the lionour to read to you on Saturday, the 12th instant, two despatches ad Sea should take |)lace pending the discussion of the points at issue between the twi> Govertuuents. Mr. Kdwardes' action in this matter is a])proved bv Ih'i I have to inform you thai Majesty's riovernnient. I am, &c. (Signed) SALISIUIKY. No. 243. Sir ('. fjiimjinou iiiifl Co, to Forelijn Office. — {Receieed November 7.) Dear Sir, (i4, Queen Street, London, November G, 1889. WH addressed Lord Iddcsleigh on the I2tb November, 1880, on the subject of the Bchring's Sea seal fishery. Since that time the number of seiiliiig-vessels. mostly owned m Biitish Coluiiilii'i has steadily increased, imd this year, owing to the high prices obtainable for the skins, :i- many as tifty schooners, some of them fitted with st<'am, and amply provided with fin- arms, have been engaged in the capture ol fenude seals. at wnv this 33!) Il is cstiiimti'd tliat, tlicir cat(tli lliis season uili aiiuiiiiit ti) no less than -lO.OdU skins. This luiiiilii'i' (Iocs not, include the many animals killed or mutilated, but not retrieved. Xow, it' this indiscriminate slaughter of I'emale seals cainiot he stoi)|)ed, or at all t'vciils rcstriclcd, hv some International AijreetneiU (as to a close time, for mstarice), the iiiiiinal will, hi'tor(! many years are over, heeome extinct, and a lar','c industry, in uliicli (Irciit I'.ritaln is deeply iuterestid, will he lost. Already tlur.: are unmistakahle siijns ihat the nuud)er of seals annually visiUno; tin- tun hreediliL;' i-lands in I he liehrinn's Sea is deeleasimr, I'dv I'rom Re|iorts ialelv to h.iud, we learn Ihat the Superintendent on the islands, which are leased from the United Mt^Ues' (ioveinment hy the Alaska Cotnniereial (Company of San l''rancisco, has this year (bund cdiisiderahU' ditHculty in ohtainiu}; the usual quantity of desirable male seals, and csti- iiliites (hat the herd has decreased fully one-tinrd in the last ten years. In submitting these facts to you, we would urge the importance of arrivinL; at a spuedy settlement of this question belbre it is too late. We are, &c. (Si^mcd) C. M. I>AMPS()N ano Co. No. 244. CulonidI Office tn Forei'jn Office. — {Received Novevther 8.) ^'Ui Oeioiii'r, I.^^M). ON a Kcporl. daud lln' rjth ( Jdobrr. |SS!). ||-,iin the Mnusler nl' \l,n-me and I'i'huirs, slalm;; thai ihe liillowniL' lele^'ram has been received from Me^M . ( 'arnie mid Mmii.-u, ,,f \ icloria, iliili.4i Columbi.i, on behalf of parties interested in the lur-scal I'sht I'lcs of lii'.fing's Sea :-•■ 340 "Cutter 'Rush' expected liere. Owners of seized scliooncrs tliiiik of holding Captiiin Sheijpard to hail in action for daiiiages. Wiiat do you advise i"" To which the Minister replied as follows : — ■' 'reit'firam yesterday received. Cannot advise under present eiieunislauces, but I du not anticipate any henelicial lesult from such a course. " The Minister submits that, while his reply diseouraned the action enntemplutcd by tin- jiai'ties inteiested, it is (|uite coi.ipeteiit for any l?i'itish subject, to institute such proeeedini;s under the Law of Canada. The Minister desires to refer to a newspajjcr cuttini;, herewitii annexed, taken from the " Ottawa Citizen," purportin;; to be a report of a reply by Captain Slieppard, of tlit United States' Heveiiue-ciitter " Kiehard Knsb," to an imiuiry whether he bad any know- ledge of the intention indiruted in tiie above teU'iriaui. The Ministei', with rel'erence to the in(()rinati()n supplied from time to time to IIk; Iinperird Government on the subjeet of the seizure of Hritish vessels in the l>ehrini,''s Sea, and to the great national im|)orlanee of the earliest possible settlement of the question, owing nut oidy to the continuation of the outrages during the past season by Uiiitcij States' Revenue-cutters, but to the growiiiir (liHU)t on the part of the Canadian people as to whether ller Majesty's (lovermnent will actively support the demands ol' the Dominion of Canada iii ei>nse(|uenee of the loiii; delay which has taken place iii arriving at a satis- factory adjustnu'nt of the (picstion, reconnuends that the High Conmiissiouer lor Ciiniidii m London bc> directed to place hiniscll' in personal eoinnuiniiation with ller Majt'sly's Government, with the object of expediting in any way he may be able to do a s|)ecdy and satisfactory settlement ot the (piestion. The Committee advise that your Excellency he moved to forward a copy of tliis Minute to the Right Honourable the Secretary of State for tlii' Colonies, aiul that a copy be also sunt to the High Commissioner for Canada. All which is respectfullv sui)mitte(l for your Hxeellencv's approval. (Signed) .IOII'N .J. McGKE, Clerk, Privy Cnuncil. Inelosure .'3 in No. 244. lid I '-net from tin- " Olluini Citizen " of Oelolicr 12, 18S9. Sentlle, U'lishiiKjton, Oclolier 11, 188'J. THE United Slates' Revenue-entier "Rush'' arrived here yesterday from Alaska. Eicutenant-Commauder Slieppard was interviewed rcgardinE: rumours current here that Rritisli Columbians were lying in wait for him to punish him (or seizing their schooners. The Conunander smiled, and said he had not heard of any .^ucli ihreats until he had read them in the papers on bisanival at Fort Townsend. He siud that luMlid not believe anything of the kind had been uttered, and the statement must have come from irn'S|ioi!- sihie ])ei>()ns. If there was any tiuth in it, and he could have been apprised of it in tiau'. he woldd have steamed into \'ictoria. and have shaken the American flag in the face of the \'ietorians. lie said he was on good terms personally with the prominent men in Victoria, and did not believe that any indignity to an American (Jovi'rnment ship woidd he cotni- tenanced by the people of Victoria. No. 24.'3. Sir J. Pauncefote to the Mnniuis of Siili.-hiirij. — {Ueeeiied Nrircmher 1 1.) My L'.nl, Wnshimjloiu October .'M , ISSf,. I II. WE the honour to inclose herewitii copies of an article which has appeared in ;i San Francisco newspaper on the subject of the seizures in EchiiiiLr's Sea, which maintain- the exclusive jurisdiction of the United States in that sia. The article is written by Mr. I'tdloii, one ol the representatives fur the State of Califoniiit in Congress. .\n answer to this (copies inclosed) appealed in the New York " Evening I'ost," ll"-' 341 autlior of wliich is Mr. Robert Uayncr, wlio lias already written a very iihic letter on this subject. I have, !kc. (Signcil) JULIAN PAUNCEFOTE. Inelosurc 1 in .NO. "J-lfi. Edclracl from tlir " .S«/i Francisco Argnmiiit" of Auijtisf 12, 1889. TlIK Ql'ESTION OF BeIUUNG's SeA. (I5y Charles N. Fclton.) [The annexed article, by tiie Honourable Charles N. Felton, Member of Congress, will 1)1' found of nnieh interest, particularly at this time. Mr. Felton is thoroughly Conversant with the subject, as he was a member of the Conference Committee between till' .Senate and the House which caused the passage of the iiill amendatory of the Laws regulating the fur-seal tislieries in Behring's Sea. This Bill was passed during the closing hours of the Cleveland Administration. — Lds.] IN view of the fact that the Government of the United States has seized the British schooner " Black Diamond," confiscated the vessel and cargo, as rc(piired by our Statutes, for evasion or infiingenient of our laws, and thai our right to do so is questioned, and pi'rliiips may become an international (picstion, it occurs to me that a statement of the iaci;- upon which is based our rights and title would not be uninteresting to your readers; lii'iirr, 1 will atteinpt to give them such a statement. The title of the United States to Alaska and the Hehring's Sea was ac(|uired from Russia by the Treaty of Cession made in i8'i8, in which she "ceded and conveyed all the ri;;hts, franchises, privileges now belonging to Russia in the ceded territory or dominion, and appurtenances tiiereto ;" the same being conta'ned within the geographical limits lipvcin set forth, to wit : — "The eastern limit is the line of demarcation between the Russian and British posses- sions in North Ainerlea, &c. The western limit, within which the territories and dominion conveyed are ecntained, pass through a point in Behring's Strait on the parallel ol (),V 30' iioilli latitude, at its intersection by the meridian which passes midway between the Island of Kru^cnstern or Ignalook and the Island of Ratmanov or Noonarbrook, and proceeds iluc north, without limitation, into the same fro'/en ocean. The same western limit, lifu'liiniiig at ihe same initial point, proceed.' thence in a course nearly south-west through Uilirina's Strait and Behring's .Sea, so as to pass niiduav bclwcin the Island of Attoo ami ilic Copper Island, of the Kormandorski couplet or group, in the North I'acific Ocean, tn the niciidian of lil.'f west longitude, r,o as to include the whole of the Aleutian Islands I'iist of that meridian." Russia's title was based upon the followini;' facts: — Behring's .'^ea, lormerly called the Sea of Kamchatkn, was discovered by \'i(ns Behring, a Russian s\il>ieet and ofKciu', in \7'2!'). I'rom that date to that of the |)m(diase of .-Vlaska liy the I'nited Statts, its waters were surrounded hy Russian tciritory, except Behiiiig's ^trail iiiiiai the north, and the south-west outlet to the .North I'aeilic Ocean. Soon alter its (li-covery, it was oceu|)ied by Ilus-ian citizens as traders and Im'-huntcrs, and several trailing stations were established upon its coasts and islands by Russian subjects. In 174.'), the Aleutian Islands were discovered by Russia. In 1708, Behring's Sea, the uholo archipelago, and the Peninsula of Alaska, were ex|)lored by an expedition ordeicd by the Finpress Catherine. Snbseipiently, R\issia caused four other ex|)loring t'^pcditioris to be made, in \7xi), 180.3, IHi.', and 18l'(;. \'an<(iuver discovered the coast »M>rili-h Colutiibia in 17i)0, and in the same year the ('olunibia River was entered by 'ir.iy. It will be here noted that Russia's discoveries ami titles on the north-western const antedate those of the- other nations some sixty-live years. In I7')4, the Russian ( iovcrmncul granted the right to traile on the Aleutian Islands t'l a Russian ( 'oi!i|,'anv, who created and conducted a considerable number of trading slatioii>. In I7!i!), the then Russian Kmi)eror I'anI issued his Impi'rial Ukase, asserting the Dominion of Russia, by ri'j;ht of diseoveiv and occupancy, to all the territory embraced 3-lti fioiii ru'liriiiii's Siiiiit oil llir iioitli 1(1 tlu' iJ5ili [iiiiiilli'l on ilic Aiiiciiciiii coast, iiiiii us i;ir suiitli as Ja|mii on tlie coast of Asia; aiul iiivosti'd thu Uiis^iMri-Aiiu ricaii I'oiniiaiiy with its absulutf control, and, if necessary, the land and nuval I'orces ol' tlio I'^npiic wuic ordered to niuintain tlicir jurisdiction. 'J'o tlii-. Imperial net no [irolcst was made oa tin part of any ot the nations, nor were Russia's rights disputed or (piestioned. Tims tacitly, at least, all the nations conceded her ri:ilits, hascil lirst u|)on discovery, and next ii|ioii Continued ueeupaney and pcicv-rul and n!idi-[iuted pos,-es-,iun for nearly tlirte-(juartor5 u| a century. In 1^21, upon the complaint ot' this Company to the llns^iaii (lovernment that tlnii riiiihts under theii' Cliarli.r wci'e heinj; disturiicd hy ihe inter(eri;nce ol l'oreiL;ners, the tlim Kmperor Alexander issued his Manifusto, exlendini; his donunion to Iho '')lsl parallel (ju the North American coast, and ])rohihitin!^ foreii;n vessels from apiiroachiuL; within 10(i iniLs of the shore. I i|uote ti'oni said Manifesto as follows : — " Section 1. The transaction of counnerce, and tiie pursuit ol' whaling and fishing, or any other industry, on the islands, in the harbours and inlets, and, in general, all alnn:' the north-western coast of America, from RehrinL;'s Strait to tlie 51st |)arallel ol iiortiicrn latitude, and likewise on the Aleutian IslaniN, and along the eastern coast oi Siheria, and on the Kuiile Islands — ^that is, from ISeliring's Strait to the soutlicrn promontory of the Island of I'rup, viz., as far south as latitude 1,0" ')()' north— iin exelnsivt'ly reserved to suhjccts of tlie i\iissiaii JMiipire. " Sec. 'J. .Accordingly, no I'oieigii vcssi-l shall he alloued either to put to shore at iiiiv ol' tile coasts and islands under Kiissian dominion, as specified in the preceding section, or even to approach the same to within a distance of less than lOU Italian miles. .Aiiv vessel contravening this provision shall he subject to confiscation with her whole caru'i)." To this edict, the (Joverninents of the rnitcd States and (Ireat IJritain eiiturid j)rotcst, in so far as it extended the dominion of Russia 4^ south, and to the lOO-inik limit. Mr. .-Vdanis, then Secretary of Stale, conceded the boundary named in tlie Cliarlfr to the l^ussiau-Anierican Company, viz,, to the fijth parallel on the coast of the Xoitli I'acilic Ocean, hut resisted the claim of Russia to the coa.st between the "jlst and 'M parallels north, also the exclusion of Aincric^aii slii|)s from the North Pacific Ocean, slating that " with the Russian Settlements at Kodiac, or at Sitka, the United States may liiirly claim the advantage of a free trade, having so long enjoyed il inmiolested, and he'.:'ausc it has been, and would eoiitinne to be, as advantageous to those Settlements a.* In them." Mr. Adams also said, " It may sniHce to say that the dist.ince from shore to shore of this sea, in latitute "il" north, is not less than DO" longil iidc, oi' 1,(11)0 miles," havin; exclusive rel'eiencc to the Pacific Ocean. Treaties, there is n country or and maintaiiK'd by liussin over that sea from its to the Unit< d Stales, a period ot over 140 years. uf ■'' liscovery to its partition and ccssiuii las never been ofli(!ially (|uestione(l or lo-(ia\, lienrings Sea men uenig called llie Jiea ot Kumeliatka. In these Treaties, there is no allusion to, or surrender of, Russia's dominio'i ovtr Delinng's Sea and the Aleutian chain of islands by expression or inlt'icnce. Ku.s>ij surreiidi'red or abaiidoiiid her claim only to the eonlriil of the North Pacilic Oce.iii anil I" the noilh-uisi coast sotilli o( lalilnde .")4" north, yet her titK; to the .\leuliaii Isl.iml' extendin.; as liu' suiilh as 01' north latitude and longitude I'KI" to I (!7' weal, is nut ami never iias .'cen difimted or invalidated 343 It will h(! ol)scrvc(l l»y (lio ilrscii tion of frrritory U'laiited to us ii\ our piiiX'liiisc of Alii^kn. tliiit it> wpstcrii lioniidnry diviilcs lkliiiiir»'s Sen between us an;! Silieiiiiii Kussia, and tlie Ihet chiimiI l)e suecesslully denied, ms it is ii iiiiiltei' nt lii^torv. tliiil Hiis.si:i, iVoiii licr discovery «it |{eiiiiii;,''s Sea down to the e'cssioii to the I'nited Sliites. lias CDiiti'olled tlic iia\ii;:itioii oC its waters anil the takiuff ol' its mariue lii'e. To iln\ end lier navy has |i,ilrnlleil it, and, in |)ursuanee ot her laws, taken, eonlisea'ed, and hurned niaraudinj.' vessels; slie has since |iuisucd, anil is now pursuing, tlie si;uic policy on her |)art of Behri Ilia's Sea. Fm eonlirniat.ioii of this, I quote from flie ollicial order issued iiy the I'lissian (Jovern- mcnt, a- kite iis the irith January, 1882: — " Adiici'. — At, the retiuest of the local authorities of Jieh.iino; and otiier islands, the l'mlir>i'.^ni^d herehy notifies that the Rus-ian Imperial (ioverninent p(d)lishes, I'or ijeneral kiiowk'iL'e, the I'ollowin;.' : — "1. Without a special ])erniit or lieeuee from the (ii)\ernor-Ceneral of Eastern Siliiria, foreign vessels arc not allinve'l to carry on Iradin;;. huntins^, fisliini;, Ike, on tiie Kussiaii coast or islands in the (Jkhot.-k and Hehrini;'s Seas, or oi' the north-east coast of Asiii, nr irilliin llicir si'ti boiindiirti-imr. "a. rorei^n vessels t'ouiul tradin.tc, huntinu', 'ishiiiL', &e., in Russian wi'lers without a iieeiue or permit from the (Jovernor-CJcncTal, and also those |)ossessing a licence or permit who may iufrini;e the existing.' hyekius on hunting', shall he eontiseatcd. both vL'ssels and cargoes, for the benefit of the (joverninent. 'J'his enactment shall be entorecd luiici'lorth, eoinnuiicing with a.d. 1882. "(i, '1 he enlorcenient of the above will be intrusted to inen-ol-war, and also llussian mcrtliant-vessels, which, for that ])urpose, will carry military ditacbinents, and be ]iri;videil with proper instruction^." Till ri is nothing ambiguous in tiie language of tliis I'loclamation. It means that Russia will enforce her sovcreii;niy over the western half of Mebring's Sea, within her ''sea liuiiiiilary-line." '1 lie ces>ion of Alaska to the United Slates by Kiis-^ia, and the terms of the Treaty makiiiir such cession, were w I'll l^nown to all nations, yet no protests or objections were made, tlioiigli it was well understood to convey the title to the waters of lichring's Sea. The diseussiou of the Treaty in the United States' Sen.ite was notice to our nation and to all the world. In confirniation of w Inch, I (piote from the remarks of Mr. ( 'hai les Sunnier, (liiiinijan of the ('onmiittee on Foreign Allairs of the Senate of the U'nited Slates, at the liiiu' (il the consideration of the 'J'lcaty. Mr. Sunnier said, speaking for Ibe Treaty : — '"The seal, amphibious, pulvyamou.-, and intelligent as the beaver, lia> always >u|)plied llii; laryest multitude of lur> to the l!iis»iani Company.' After eui:meiating the land furs, tlii-'vahie of the walrus for ivory, he adds: 'I mention the .>ea-olter last ; but in beauty and valiii' il is the first. In these' respects it I'ar sui'passe.> the river and land otter, S:e. 1 (iiine iiuw to the (isheries, t!ic last head of this iiKjuiry, and not inferior to any other in iiiipiirtaiiee ; perha]is the most important of all. What e\ en arc sea-otter skins nv the ^iili'of that product of the sea, inealculable in amoLint, whieh contributes to the sustenance iil'llir human family r' " Thus showing that the ac(|uisition of the pioducts of Hi hring's Sea, its I'ur-beuring ■•"iinals, ami lisiieries, were regarded as the chief objecl ol the pureha.se. Airaiii, Air. Siininier, in tiie course of his remarks, said :- — "'Traversing Hehring's Sea midway between flic Island of Attoo on the east and flipper Island on the west, to llii' nieridiaii ot 17ir east ioiigitniK, leaving the prolonged ,-iiiiip iif the .Meutiaii Islands in the possessions now transli. rnil to the Uiiiud States, iiiid making the western bouiidai\ of our country the dividing-lme which separates Asia iiDiii Ainericii.'" .Mr ■•uinmer agani said : — "' In the Aleutian range, lu-idi inmiinerable islets anil locks, there are not less than fifty-five islands exceeding '■'> miles in length; there are seven cxeeeding '10 miles, \'.'ith Oiiiiimak, which is the largest, exceeding 7'i miles. In nur jiiirt of lirhriiKj's Sra there arc live considerable islands, the largest ol «hieli is St. I awienee, lieinu more than '.'fiiniksloug.'" 344 Noto llic cxpivssioii of tliu (listinmiislu'd Seiiiitor, " In our |>iii't of lk'Iiriii|;'s Stu," Tl)i<, I'oiiiiM;^ (Voin 80 liiijli iin uutliority, in lii'ij,niiii;c so jilain iiiiil L'\|ilii'it us rjot to mlinit of iiiiscoiistiiK'tion, eviiui's tlic iiiUiitinii and iiiiilcistandiiii,' ol' the ('ontiactiir^ (ii)verii- incuts, wliii'li was tliu piirtition nt'llu' sovi'i'i'iL'iity of tlic wiitcis of nclM'in!,''^ Sim liv ;i soutli-wosterly line tlnoiij^li it, tin; uastiwo ]iortion, witli Al.i-kii, litiiiL; tlic Iciritoiy of the United States, and the western portion, witii Silieiian Asia, that of Jfnssia, tin ir coiiihincd territory and shore-lines surrouiidinf,' lkhrinj,''H Sea, exec|)t the nurthcrn and southern outlets. 'I he discussion in the United States' Senate, and its final nclion upon this Treaty iiiul question, was a notice to the world of Hnssia's ri^lit to transfer this valuaiile timriiu' territory, to which not even a suj^gestion to the contrary has ever hcen raised on the |iarl of any nation. If more were needed to convince us of the rit,'hts and intentions of the lli:.'li Contractintr I'arties, we have only to refer to the eorre>.iiondcnce hitween our thin Secretary of State, Mr. Seward, and our Minister at St. I'etcrshurgh. (Printed in executivt documents for the use of Congress.) In .May 18f)7 our Minister writes as follows : — " Sir, "Your desjiatcli No. ~i\ of the 1st April, 1^07, inclonini,' the Treaty between Russia and America, cedinj,' us all Russian .Anieriea, was duly received. I awaited the expression of Kuropean and Russian sentiments in rctercnce thereto before unsweriuf^ you. " I cunjiratulate you upon this brdlianl achievement, which adds so vast a territory to our Union, wliose |)orts, whose mines, whose waters, whose furs, whose fisheries arc iil untold value, and whose fields will produce many i;rains (even whsat), and become there- after, in time, the seat of a hearty white population." Again, in November 1807, the Anierican Minister at St. I'etersburgh, giving a description of Russian America, says, in reference to the Aleutian Islands : — "The Aleutian Islands may attract transient traders, but no pcrmaiu nt settlers. Tn inhabit them one must be an Aleut, and if it were not for the sea surrouuiliu^ the islaml-, this country, owing to its unfavour.iblc climalie conditions and tin; sterility of its liroiiiid, would iuivc never been inhabited ill all." From the first extract, it will be obscrvi'd that the AnuMJcau (jovermnent excrcisci caution before concJ'idinu' the Treaty, and awaited the expression of iMu'opeaii sentiiacn'i! in jcfercncc to tlic <,aiue. Its acts win; open and free tn riticism, anil the last quutiitiiii is conclusive on the ])oint that ourGc ernnunt fully couiprebcndi'd the vidueof the wiitir^ of Behring's Sea, and for this reason mainly was the piu'chasc uuide. Had it been understood that the waters of Hehriiig's Sea and its marine life were fi ; to the tishermen of all nations, iucludini,' ours, there could have been no incentive on iIk part of our Government for its purchase at the [irice of 7,"J(I(*,()00 dollars. In any otiici view of the ease it would have been absurd, but, on the contrary, it was known tlini Russia did, from the time of its discovery, control these waters, and that she had ever asserted her title and maintained her dominion by causing her ships of' war to [);itrol them. It is admitted on all sides that whatever title Russia bad at the dale of the iraiisli; of the territory we acquired and still possess, and tlie United States heini; in possession anil claiming ownershii), our right must be conceded until it is established that our grantor, Russia, had tu) title to this territory, or that she did not maintain dominion over it, whiil-, I apprehend, cannot be successfully accomplished. Tliere was no conicalmeut of this Treaty or its |)urpose. Russia divided Inr possessions of Hehring's Sea with us in the presence of all nations, to which there was no remonstrance on the part of any of them. By an Act of Congress, approved as early as the 27th July, 1808, it is provided: "The Laws of the United States relating to customs, conunercc, and navigation an extended to and over all the mainland, islands, and waters of the territory ceile I to tfc United Stales liy the I'lmperor of i{ussia." It also provides that (sec Revised Statuk'-. section IDJO) "no person shall kill any fur-seal or other fur-bearing animals within ili limits of Alaska territory, or in the watirs thereof." In I f'S I, i', coming to the knowledge of the United States' (jovernmcnt for the liril time that unauthorized persons were illegally taking scjIs in Alaskan waters, the ."^ctTi'liirj of the Treasury caused to be ]iublisbed a notice to all that the Law prohibiting the killiU: of seals in Alaskan waters would be enforced ugait.st all coiners, and its penalties I •Mb of tlic lliiili iiMi our tln'ii J in executive iniliclcd (f'oiipri'ss liaviiif; inadc |)rnvi»i()n to c(|ui|> the vessels of the I r. ■ .•lariiic for lliiit {iiii'|>os(') ; since wliieli tiiiic tliis notice has ix'en year!}' piihlishcd, nnd t(>-(hiy, both tin's 1111(1 the ilussian (iovcrnnicnts arc i)rotcctini; Ineir res|)ective dominions in the waters III Hcliiina's Sea, as tliey ever have done, from all nnanlliori/ed comers. It iiiii;lit he iniercHtin;; to continue the history of the Icftislatioii of ('onfires.s on tiiis suliject, iind ascertain upon \\\t,it facts it hased ils late action, the necc-.sitv for such iicl nut I . . - if iiiir cau>e, onr abdily to maintain unr rights, and helieved that not to have maintained iliii-r iii.'lits would have heen unwise, heneiith the dlt;nity of the nation, ami even craven. icliuu, and to sjieeulate upon its prohahle results, hut my titne an.!">, dechirinL; freedom of navi'j;ation a;i(l fishery in any ])art of the Pacific, apply to every pint of liihriim's Sea, and are hindiiittoii all the nations which sifrned these Treaties ; that Rns^ia ni-,er after the dale of these Treaties asserted or claimed any jurisdiction over l'ehrini,''s Sea, and never afterwanK interfered with the (ishin;.' hy the vessels of other nations in its waters ; and last, htit iKit least, that Russia iifrrr ci'ih'd nor pnifudrrl la cfilc to us iiuii sen or (hniiiiiinii of a in/ ktmi nvpr anij acti ir'iiilsnrri'r. The defenders ol the seizures do not produce, or even allege that there exists, any direct docnmentary proof of the pretended di'-eriminaiion lielwecn Pacilie Ocean niul Behrini^'s Sea, or of any aekno\vledf;uient, in e\|)rcss terms, of Rus'-ia'.- exclusive dominion. Neither do they offer any reason for this discrimination- -this nniUinn tish of one and fowl of the other, — nor do they show aiiy ohject that was to he i^ained by >is hy this ai);\iiil()ii. nient of our rights under international law to the free use of 15ehrinj;'s Sea. Pit rnnlrn, the opponents do hrini; ample pvoaf, diawn trom ollieial documents, in suppor: of every point in their arifumcnts, as will now he shown. A collection of th'se docutuents, in convenient form, has rec(?ntly been published, as iSen. Kx, Doe. No. lOfi, .'0, ' '. '2 S., fnini which I will (|U()te. (In support of the a^seition that the iiuesiion of navii,'ation and lisliery was treated as conccrnini; the whole of the I'aeitic, without f'i'^erimination i, 'tween 't> different ])ar;s.) (P. 210.) Secretary Adams' letter, .July -JL', ISi.'i, to >)ur Minister at St. Petcrsbur^li, summarizes the Russian claim as extendin;; to "an exclusive territorial jurisdiction from the 4.')t!i dej^rec of north latitude, on the Adriatic coa^t, to the latitude of oV north, on the wcstei'u coast of the American Continent ; and they a^-iume the riuiht of inteulictiii;,' the naviffation and the fi.-hery of all other nations to the cNtent of 1<'0 miles Ironi tin whole of that coast." "The United ^^tates can admit iio jiiirl of thesi claims."' (P. 214.) Our Miinster at St. Petersburgh to Secretary Adams. April 10, 18'J4. Report on the Minutes of the Conference proceedings :-" Tliat I nuist no\v Irankly tell them [the Russian Ministers] that my instructions reipnrcd that I should obtain two points as necessary conditions to the third object contemplated bv the project of Convention : (I) the rpvorutinn, either spontaneous or iiy Convention, of thr nninlinif prnvl.iionn of thf Uhasr of Sriitciiilicr 4 (Hi)> '^'-' > (-) *'"-' ndoption of tiie commercial ])rinciple (or some- thin!; similar^ airreed upon between the United States and (ireal Britain in their Convori tion of 1818, ill relation to these coasts; (.S) that, these preliminaries being settled, a territorial delimitation for settlements at 5.">" might be agreed upon." (In supjiort ol the assertion that all the waters of the jjresent Uehriiig's Sea were, at the time of the Treaties and since, otiieially leeoguizcd as belon,gini; to the I'aeitic.) (P. L'Ofi.) Russian Minister at Washinulon to Secretary Adams Kebnuiry '>x, 1.'22 :- " I ought, in the last place, to rccjuest you to cou'-ider, sir, that the Russian possessions h t/ii' I'licijic Ocenn extend, on the north-west coast of America, I'roin Jiehring's Strait to the olsl degree of north latitude, and on the opposite side of .\sia ami the islands adjuwiil, from the same strait to the 4;")th degree." (This includes everv part t longitude ; thence from the intersection of that meridian in a south-westerly (iiicction, so as to pa>-s midway Ixtwcn the Island ol Attou and the C'ojiper Island of the Koniaiulorski [Kormandorski is a misprmt] couplet or group in the Nortli I'acitie Ocean, to the meridian of H).'i° west longittule, so as to include in the territory conveyed the "lii.ic of the Aleutian Inlands ca-t (jfihat mei'idiaii." Article II. In the ecs-ion of territory and dominion made by the preceding Article ■'.ire included the right of propiity in all public lots aiul s(piares, vacant lands, and all pul'lic huihiings, t'ortilications. barracks, and oti.iv e(Mfiees which are not private individual pro|icity." The rest ot'thc provisions 'v'i.'i to "hurehes and to public archives. Article III refers to the right-- of the inhabaai'ts. Article IV refers to the appoii.tnu at ot agents lor the translitM' ol the territory and property ceded. Article V refers to the exchange of ralilication. Article VI says .... the cessioit of territory and dominion herein " made is hereby declared to he free and unencumbered by any reservations, privileges, franchises, grants, or possessions by any associated Com[)anies, whether corporate or incorporate, Russian or any Qtlur, or by any parties, eNee|)t merely |)rivate individual jiroperty-holders ; and the cession herehy made conveys all the rights, franchises, ami privileges now belonging to Russia in the Kaid territory or dominion, and ap[)urtenanees thereto." No sea or dominion over any sea is among the things enumerated as ceded. No dominion ever an open sea like Bchring's Sea could be claimed as a right ceded under Article VI, because Russia has limited these rights to such as belong to her, in the snid territory or dnininiun and (tjipurtciiiiiiifn Ihcrclo, and dominion over an ojien sea is not a liijht uttuchiiig to territory, nor is such a sea an njipiirti'iuincc to territorv. .Mr. I'ehon tells us that had it been understood that the waters of Bchring's Sea and its " marine lile were tree to the ' lishernicn ol' all nations inrliidini/ oii/w" |.v/cj, there t'oulil have been no nieentive on the part of our (Jovermnent I'or its i.urcliase at the price ol 7,jii(),()0(» dollars. In any other view of the ease, it would have been absurd . ."' 1 hat is, of course, a nuitter of opinion, and on it some may prel'er the jmlgment of iiieu like Secretary Seward and Senator Sunuier to that of Mr. Felton. But what is suie is, tlml these gentlemen would have left nothing at loose ends. They were the prime movers on our side ni the transaction, and if Ihcy had tlunight that our bargain " included exclusive dominion over Ikhring's Sea," they would have had e.\i)ress stipulati ms to that ellcct inserted iit the Treaty, just as Secretary Seward is known to have insisted on tlie iiiM-rtion of the clause in Article VI (cited above) that " the territory was free and uiieiieuiiihcrcd," &c. Now let nie say u lew words in siip|)ort of my charges against Mr. Felton and his tellow-aiivocates of the seizures ot' manul'acture of evidence, of suiijiri'ssio nri, anil [12H] -2 Y '2 348 siK/ijeslio fiilsl, I repeat that ovitv allegation eonceriiinf; iniportant (acts is more iir less uiiti'ue, and every essential (iiintatioii nioie oi' less twisted and poiverted. To expose all of these sins here is, ot eom'sc, ini(Mihsil)le, so I confine myself to a k\\ examples. Take the openini; assertion in Mr. I'Vlton's article : — "'I'he title of the United States to .Alaska and the Hehrinu;'s Sea was acijuired (roiii Russia hy the Treaty of Cession ol \xbH (niisprint for 18G7], 'in which shi; ceded ami conveyed all the vislits, franchises, [.-nidl privihires now helontrinu; to Rnssia in the ceilwl territory or dominion, and a)i])urti'nances thereto;' the same heini; contained within the geographical limits herein set forth, to wit:" lollowed hy tlu; description of tliein. ;i> quoted by me above. Ileie a sliaiiihttoi ward ;ind honest (piotalion of Article I of tl.c Treaty wonid at once havt' exposed the (allaev ot the above assertion as renards ljeliriiii,'s Sea, and so a liltle game ci' seh cting ami arianiiinu suitable passages is resorted to. 'fl.f most essential part of the jjarticulais uiveii in .\riiele 1, the ennmeration of the t(;rritory and dominion ceded, is suppiessed. For it is .>nbstitutecl something cut off from the vml of Article \ I, the general covenants of secondary importance, usual in conveyances, wliidi can be correctly interpreted only by reference to a preceding enumeration, and then comes the rest of Article I, the discription of the geographical limits. 'I'he elf'ect aimed ;!t, ami probably attained in the case ol ir.ost readers, is to hide the tr'ie impcrt of Ai'ticle 1, tiir sin'ple statement that evervthing ceded was included within certain geoi,'rapbical liniiN, and to create instead the lalse impr.ssion that everything I'inhraced within these litnil- was ceded; to cieate the false impression that as a large part of Hebring's .Sea was situate within these limits, such part of this sea was conseejuently also ceded and conveyed. In like manner Mr. Fctton's mere reference to, without proper (luotati'ins from, our protests against Russia's pretensions, destroys the emphasis, belittio and belies t!io scope of Secretary Adams" categorical and all-embracing, " can admit no part of tlic-c claims.'' Ag.-iin, Mr. Felton's assertion "that Russia, from iier discovery ot ISeluiiig's Sea down to the cessicai to the United States, has controlled the navitjation of its wate'S ami the taking of its maiini' life. ']"o this end her navy lias patrolled it, :ind, in pursuance of her laws, taken, confiscated, and burned marauding vessels ; she has since and is now pursuing il.e same policy on her part of nehring's Sea," is simply a glaring untruth. Mr. Feltoii does not. of course, cite any case of sucii conliscation, and none oceurreil, for since the Treaties of IS'J-t niid IS'J.T Russia never interfiled with foreign vessd- fishing in those wateis, though firiign wludcrs Ireipicnted them (hiring the whole of tLf time referred to, and liti'ially swarmed there bv hundreds diiriiitr the vears of llic prosperity of that pursuit. On (be contrary, Russia in 184L; refused otHcially a deinuiid of the Rus>iiui-.\iiiericaii Company for interference with those whalers on the expire' ground that the Treaty r;a\-e ,\inerieaiis the right to fish over the whole extent of tl.t Pacific Ocean (see i?ai;erott's "History of the I'aeifie States," vol. \.\viii, p. .>'! And it may be well to remind Mr. lellon that seal-fishing on the high seas is jii-t il- legitimate in intei national law as whale-fishing there. Just as little as Russia interfered in times gone by does she do so now, ami ti, inference to the contrary whi( h Mr. Feltoii ])rctends to draw from an ollicial Hu"i;i' Noti(ien;"on of the 15th November, 18bl, is as unw.irranted and as misleading as nio-t "i his inferences. Mr. I'elton assigns a wrong date to it, hut (piotcs it correeflv and m e.iirnso. It forbids foreign vessels to cairy on. without special permit or licence, trailili.'. hunting, fishing, &c., on the Russian coast or islands in the Okliot'-k and liehrinn's Sca^. or on the north-east coast of Asia, nr uilliin their sea hnunthini-iiuf (the italics an Mr. Felton's). There is nothing ambitious in the language cf this I'roclamatioii, sa\- Mr. Felton, and tin* is indi ;|)nla!)le. It is this genllemad alon.' who introduces amhiguiiy and even misrciacsentatioii into tie.' discussion, when he proceeds to say ; '' It means tli ■ Russia will entorce her sovereiznlv over the western half of Rehring's Sea within her m hound:, ly-line" Ccitain [ihrases have certain definite and well-established me.inini.'^, a employed exclusively in siieli accepted signilication in otlici:'.l dociiiirnts, and are al'.va;, inleii)ieted strictiv in this sense. The accepted sense of sea bi.undary-line, with lefiivnii to coasts anil islands, is n line thr( e le.ile- ^eawaiii Innn lov.-waler mark (Mi the -bore, a'ni there is conscipicntly no warr.int for .Mr. Felton's piepo^terous niisiiid rpri'tati;)n. I'lru-ii (,( pp. "-'.M to 'll'.\ of the otiicial (hiciiir.eut above rcli'rred lo (Sen. F.x. Doc., .No. \W< would have fm:iishe.tentiy tal<" any official notice of an oxeieise ofsucii jurisdiction by Itiisaia tiiat would III' licil'cftly k'^itinialc urulcr saiil iiy|)otlii'sis. .Mr, i'"('ltons nianncr of aruuint;, his way of .statiny; a iii'oiHinitioa and drawinsj; iiitiTcr.c'.s lioMi it. oH'cis a lefi-cshini;- coMtnist lo tiic stale rules of io^ic hitherto co'.i.-idered ;\s liiiidiiii; \i|)on a writer. His uietliod of ^eo^ra])ilieal delinitioii is aUo (luite ncjvid, and I confess I have not been able to ruaster it. Here is a speciuicn wbieli is entirely beyond me: " that they ['IVeaty of li-iiM and other doeuuients | all had lel'eriMiee to the roa^t and the watei's of the North I'aeitie, between the -Olst |)arallel of north latitude and Mount St. Klias and eat ol' the 1-Ust nieiidian of longitude." Mount St. HIias is a i;ood many miles inland, and this is the first instance known to me of an inland niouutain being; |ir('>siil into service as a terminal point of •' eoa>t and waters.'' Besides, this limitation of the ap|iliciilion of the 'I'reiily of 1 Sli 4 leaves a \-ery lonz coast-line of the Pacific, and iiii(|ui -tionably n:>t of Hehrinif's Sea, vi/., tint from I '1 1' west to the south-west e.Ktremity uf the I'eniir'^ula of Alaska in al)out I'i-'i .'5t>' west un|)rovieean, and to the north-west coast south of latitude .')4'' north, yet her title to til' .' I'.lian Islands, extendiui,' [title or islands? /?. /^ ) as far soutli as .')1° north liititih 1! I'Mongitude IGfi" to 107' west, is not, an' laws therein." The Senate refused to pass the amend- iiKMil. In conformity with the aihiee of the Conference C'ommiltee, the ameudrnent was altfp.'d to the following : That section Ii)5() "is hereby declared to include and apply to all the douiiiiions of ihe United States in the wateis ot Behrinir's Se.i," leavinir the new duties of the President as above, uiul in this shape it was enacted. The effect of the char!!;e resulting from the Senate's action is stated in the House Kci)ort to be " to leave out the words that are descriptive of the boundaries of the waters of Alaska." .Mr. I"'elton is, of course, entitled to all the eondort he may be able to derive from this proceeding, hut the public will not avcejit this testimony as provii't; '■confidence" oil the part of Cuii^Mess. t'onsideriiig thai tlie House had actually to rescind its action, to abandon the |iii>ltinh to which it had committed itself, the whole looks decidedly like a coiil'cssion that till' House li'lt "very shaky" indeed on the validity of the alle^t'l title. It recalls the story ol the KiuLr who ijuai'rclled over some point in a uanie of chess nlucli he had the eoutablislied jjiinciples ol international law, eivili^td Governments would deliberately stultify themselves to the extent of insisting; upon these princi))lcs being strictly carried out in one part of the ocean, and of utterly ignoring them, at the san;e time, in the part innnediately adjoining; of {liseriniinating between seas that have not those geographical differences which international law makes the very coiidilin .till'' qiiii itan of discrimination, and of doing all this without any documentary record of their action, anJesselrode. This sorry figment of crazy su|)positions is palmed off for truth, in the face of documentary proof of a n.itural, a reason;ible, and a I'onsistent argument to the contrary. We are urged to persist in an indefensible and rlislionourable policy when there is every evidence that a legitimate and honourable course - that of niternutional conference and agreement — would bring about vwv\ ii-ult le | rofess to be aiming at, and bring it about more quickly and more thoioughly than could be hoped lor by any other means. The ultimate outcome of such persistence is plain ; it may be delayed, but it cannol be eseapid from eventually. And finally it must not be overlooked that, at the best, even u triuni])hant maintcuau'e against f!reat Britain of Mr. Kelton's iiy|)othesis would not settle tiie (piestion in our I'avour as against the rest of the world. Accpnescence being the basis lit that hvpolhesis, it would be bintiing oidy upon those nations that had acquiesced. The others remain free to exercise their natural rights in Behiing's Sea, and would in time undoubtedly insist upon doing so, witbovit our having a cliancc? o( preventing them under international law. (Signed) ROBERT RAYNEK. No. 246. Sir J. Pduncefole to the Mnrquu of Salixhui-y, — {llecnived Novinher 12.) My Lord, H'lishinijloii, Norinnbcr 1, 1889. I LOST no time, alter iiiji arrival hereon the l.'Jtb ultimo, in seeking an interview with Mr. Blame on the Behring's Sea (piestion. lie was much engag. d at ilie lime with fbe jMaritime Conference, but l:e ultimately appouifed Th irsday, the 2 ttli, for a prelimi- nary conversation on the subject. We had a great deal of I'riendly discussion, in the course of which he stated that the seizures of the Canadian seal-fishing vessels had been efl'ccted by the Treasury Depattuienl, whieli is charged with the |irotection and collection of the revenue^ (including that derived lium the Alaska Conqiany), and the measure had been lesorted to under the belief that it was warranted by the Act of Congress and the I'roelamation ol the I'resiilent. In this view, the Department bad been confirmed by the .hidgmeut of tfe District Court of Alaska. I ()bser\ed that this appeared like an assertion of the iimre ildu.iitiu doctrine, whu'h I could hardly believe wvjuld be revived at the present day by bis Government or any olht'r; to which he replied that his (ioverninent had not oHieially asserted such u cluiui, anil tberefon! it was unneeessar\ to discuss it. As a m.itter of fact, there bad been no inter- lerence with any Canadian vessels in Behring's .Sea except such as were found engaged iii theeaptme and desl ruction of fur-seal^. Bui his (Jovermnent claim the exclusive right 351 of soiilHsliery, whicli tlio United States, and Russia befoi'c tlicin, Iwid piiicticiilly enjoyed liir m'nci-ntioiis witliout ;iny iittcinpt ;it iiitcifiToiicc IVdih any otlicr country. Tin; 'in-seal was a species most vahiiihlo to niankiiul, iirid tlie H^'hrin^'s Sea was its last stl-.jni,'iu)id. The I'nitcd States had l)ou^lu tiic islands in tlial sea, to wliie'i tticsf iTcatures periodically nsiirl to lay tlieir yount;, and now CanadinTi fisin iMiien step in and slaughter the seals on their passa^'e to llie islands, without taking; heed of the warning's iiiien hy Canadian (iliicials thenisclv(;s, that the residt must inevitably he the extermination of the species. Tills was an abuse, not only reprehensible in itself, and opposed to the interests of mankind, but an infraction of the lii^hls of the United States. It inflicti'd, moreover, a serious injury on a neigbbourin<; and friendly State, by deprivini: it of the iVuits of an industry on which vast sums of money bad been expended, and which had loiiii been piiisued exclusively, and for tip' i;encral benefit. The case was so strong as to necessitate iiKasmcs of sell-defence for the vindication of the rights of the United .'States and the protection cf this valuable fishery from destruction. r rcjilii'd that, as regarded the cpiestion of right, F could not admit that the sei/.ure of the Canadian vessels w::s justified under the terms of the Act of Congress or of the l'n)(laniation of tlu; President. Municip'd legislation could have no o])eiation against foreign vessels beyond territorial waters. A claiiu of exclusive fishery on the high seas was opposed to international law, and no siicli right coidd be ac(|uired by prescrii)lion. Mr. IJlainc observed that he thought (Jrcat liritain enjoyed sueh a right in relation to jjcarl fisheries in some ))arts of the world. I said I was not aware of any such case. As rcL'arded the (piestion of fact, namely, the danger of cxtcrnunalion of the fur-seal species and the necessity for a "close season," there was unl'ortnnatclv a conflict of opinion. Hut if', npoii a further and more complete examination of the evidence. Her .Majesty's (iovern- ni>nt should come to the conclnsiou that a "close season" is n'ally necessary, and if an aLireeuK'nt should be arrived at on the subject, all differeiiccs on questions of legal right uould ipso fiwlit disappear. Mr. Ulaine expressed his readiness to i>roceed to such an iutpiiry, adding that he would be prepared to establish from Canadian evidence alone the absolute neces.sity tor a " close season ;" but be srronglv insist 'd that the incpiiry shoidil take place here, and be entirely of a diplomatic character. It was sutrgested, in conversation, that the tripartite negotiation commenced in London between (Jreat Britain, tie United States, and Russia, wliieh, from various causes, had been suspended, uiiijht he resumed in \Vashin;;ton. .Mr. IJIaine expressed his concurrence, hut he said he ilid not wish to (wiginatc such a proposal. I slated that if such an arrangement were agreed to, 1 should renuire the assistance of experts from Canada, and it should be uiulerstood that the residts uf the inquiry should, if desired, be made pid)lic to the world as a justification of the adoption of' a '•close season," and an indnceinent to all other nations to observe it. .Also, that tlieie should be an assm'ance against any more seizures, and an understanding as to eompensalioii lo the owners of the vessels and [jrojierty seized. Mr. lilaine replied that if we did not si-ftle the (piestion belbrc next April be should despair of our ever d(j]iiir so. iind thai untd that date, when thi' fishing season reopened, no seizures would take place, for theic i ouid be no object in them. As regards compensation, if an aLnccment should be arrived at, he felt sure that his Government would not wish that private iiulividuals who bad acted huiiu fide in tile belief that they were exercising their lawfid rights, should be the victims of a grave dispute between two great countries, which hud huppilv been adjusted, lie was iu)t without hope, tlicreloii', that the wishes I had cxpiesstd [u\z\\\ lie met, and that all miirht he arraui;i' I in '.1 niunner which should involve no huu'iliatiou on either side. His tone was most friendlv tliroughout, and iie manifested a strong desire to let a!l iltKNtiiins of legal right and international law disappear in au agreement lor a close season, which he t>elieves to be urgriitly called lor in the common interest. It oidy now remains for me to solicit your l^ordship's instructions lo regaid to le ^iiii^esiion 111 resuming in VVashingtoii the tripartite iieg>itiation, with a view to ariiving, d" liiis--il)le, at stub a soliitioii .e is proposed bv .Mr. IJlaine. 1 have, &c. (Signed) .lULl.VN I'AUNCKKO'I'K. 352 No. 247. Forii(jii ()J/icc Id •>'/)• ('. LiiiiipsdH mul Co. G'/ntlcliicii, Fon-Ujn OJ/ic', Sarrinlirr 13, [>S'.). I .\.\f (liffctoil l)v llie Miinjiiis of Rnlisbiiiy to iiuknow ledge tlit' i';'ceii)t ofyoiii' letkr of the ()tli instant, witli its iiu'losiiie, ;i2;r.iii (.'allin.,' attintion to tlii' cfllets which air to \k a|i|)rc'iicn()cMl iVoin the iinliscriminatc slaiiijhter ot feninic steals in the waters of iSehi'iiiji's Sea, and I ani to suv tliat your rcprcseiit'tions on \\\r sulijcct will ivfi'ive Ciiiofnl attention. [.oi'd Salisbury will he lllad to receive anv statislieal evidence which yon may hi' .iljlc to furnish as to the extent to which the nunihei' and ([uality of the ealcli of male seals Ims been atfectec' of late years by the increased slant-diter of female seals in the open sen, and any other information which niiuht be ot assistance in eoiisidcrin'j; the rcinediiii measures whieh it may be desirable to ado|)t. Ills Ix)rilsliip presumes that you would have no objection to the eventual pulilicaiiijii of voiu' letter under reply, and of anv subseqnent eommunieations not mai'l:i.'d " I 'oiili- tlciitial." 1 have, &c. (Signed) r. H. SANDI5RS(A\. No. 24M. Sir C. Lnmpsoii and Co. In h'urc'itjn Office. —{Rnrin'd Xiircmlirr I .').') Dear Sir, G-1, Qnfon S/rrrt, Loiid'ni. Xnifiiihrr 14, IS^O. Wli have to aeknowledL'e receipt of your valued favour ot the l."ith instant, and hen to thank you for havinj,' taken the matter into consideration. ^\ e are now eollectiup; all the informatioi; we can with reference to the det;iils Lord Salisbury is anxion» to olirain, and when we have completei' om- .'-Statement, will forwiiril it to you. \Ve are (juite williui; to have anv of our letters used as Lord Salisbur\ may sci til, ^'ouis, \c. (!»ii;nedj C. .M. L.\.M1'S()N a.vo Co. No. L'K). Cnlniiiiil Of/icr /n h'tufii/ii ()l/rri\—(Ri'rrivf(l Di'Ci'nili/T 1.) Sir, D'liniiiKj Slrrft, ynvfinhrr W, I's^f). WITH relerenee to the Liter Irom ihis Deiaitmvnt of the !lth .\u:;ust last. I .iiii directed by Lord Kinitsford to transmit to yu, to i)c laid before the Maiipiis of Sali^liiirv, a (Mipy ot a despatch from the Pepulv (uivernor of Canada, inelosin;: an i'npoitMiit Minute of the Dominion I'li^y Co!::ieil on the snlije< t of the proposed close lime lor ■•iiil- iii l!ehrinj;'s Sea. 1 am to re(|Ue,^l that the inelo-ure- in >iv W . nilehir"-. despatch, \vhicli ..le 'i et in ormin;d. may he returtnd ,ilti r pci'u>al. 1 am, v\.c. (Siunc.l) .JOHN |}U.\.\I>T()N. 'JC^ 853 Inclosiiic 1 in Kd. 249. hi/illlli-dlil >'// II'. liifciiii' tit l.iird l\Hiilst'i)f(l. Ml I.diil, OlIllWU, XriviiiihiT 11, 1S89. WITH irlcrci.ce to l.nid St;iiili^y of l'ri's(oii's <'oiitiilL'iitial (Icspatcli of tlic .".nl August, ]snH, ill wliicli uiis iiiclosfd a copy of a Minutu of Council of tin- lUli July of thai year, |ii(it(>iiiii! a;;iiiiist thf pioposal niudc by the United States' (loveniintnt for tlu; estalilish- nirii' iifa dose season for seiils in lk'hnn;,''.s Sen, I have the honour to forward herewith, i..'- vniir l.ordsliip's information, a copy of an approved Report of u (.'oininittee of the I'liw CciuMiil, to which are appended certain (leclarations and statements tendini: to >u|i|)iiit the eiiiit( ntions advanced hy the IJom'.iion (ioverninent in the above-mentioned Minute. I have, &c. (Si-ined) W. J. U ITCH IK. Iiiclosiirc 2 in No, 24!). Ili'l'mi lit II Ciiiniiiitli'i' uf Ihr I I'jiiiiniiilih' Ihr Prill/ ('i)i(iiril, njijiidicil In; iiia E.i relic iici/ llie (iov.i'niur-dnii'nil in ('iinnvil, Xovnnhrr i, I'-'di). ')\ a I'm port dated llic 'J(ith (^eloin'r, )88!4, from the Minister of Marine and iMsheries, statiiii; lliat he has leec nlly ra'ei\i d frou) ]iarties intt rested in the fur-sealinL: industry of itie I)' liiinfi's Sea, further iiilormatiou r(4ative to seal-liuiitiiii,'. The Miiii.-ler desires allenliori to ti.e Minute of Council dated the 14th .July, ISSS, ninde oil a ileport of the then .Mmister of Vlnrine and lisheries upon a pro[,osal from .Mr. Secretary Bayard, ti)r the estai)lisUnient of a close season for seals in the l^ehriiiii's Sen, which was a |)roposition to at;rce to enforcing: n elose season tioin tiie 15th Apiil to (ho 1st November in each year. The Mituite of Council dealt very '.nlly will) this and pointed out : — Tiiat tlie I'niled State>" .Minister, as reported in tiie despatcli from I,oi'8K, tlieu under consideration, had asserteii that there weie U)th (4i',sc iiwl ii|Hii -easons lor li luw wh.s then beini; enforced against citizens of the United States and those ot Ciiiiada. 1 liiit the .\laska Commercial Company, under tiie tei'ms of their lease, had a monopoly ol the iiuinsirj, and killed lUO.tno Mid., annuallv, lor winch ni()no|iolv thev paid vearlv intu tlu 'I'lvasury af the Umtcd Stales uver 3011,000 dollars. I 'i' .Minnie ot Council above irfenvd to went on to sliow that no pres-iu'.: necessity exi-iiii 1(11 the eslablishinent ot such a close >eas()n. since earelul measnrenii>nt of the " KwikiTies '' 10(1,0(10 were rqiorttd the seals on the increase. Ilial as the seals arrive in .May and leave about the end of October, a close season Irom the Isi April to the lilth .\'i)v*"ulii piaitieaily jirohibit ill tishini; except iiv the Alaska Coinniercial Company, wiio I iild kill ;.n the oidy places where the seals " haul out " during ,lune, July, September, 'ii:(l ( iciuJH'r, four ol the moiilhs of the proposed dose season, thus establisbini; their ""iini|iolv ni«iv elfectually. llmt while under Mi. Iluyard's proposition this area would be closed ajjainst all "jnatiiiiK except those of then' own sealers on the I'ribyloH Islands, other sealinir areas in ■^■iieiica and Asi.i would be open to her as before. I iliiit the Alaska Commercial Coinpanv has a leasehold from the Russian novernment ^Incli (lees not fall under the |)ropo.sed area. Ilial while the arrang(!inent woidd Ixneli* Russia and the United States, ("anada hvould \,|»^. the whole sealint; iiiduslrv. ' I 128] » . ^, ^ on St. Paul and St. (ieoru'e Islaiuls showed (),3.H7,7.'iO seals, whilst only innuallv killed, and the United States' Special Agent fur Alaska in 1^87, 3/54 n|iiiiii>n (I Tlif Miiiistpi' fiirtlior obscivcs tlmt this Minute of C'oiinrii cftllod iittontioii to tlu I i'X|)cri{'ii('c(l sciilcrs, who aver Ihiit hy the:ils HI tavoiir of s I'uitcd states' citizens who iiiifi;ht from time to time enjoy tlie iirivik'ge ol se ucli 1^ )tr isiii fhc Minister submits the uiipcuded deehuatiuns and statements iii support of th views pxnressed in tiie Minute above icferred to: thev arc asfoHows: - Appendix Xo 1. Stateinciit prepared hy |)iaeti(Ml seal-hunters. Appendix No. 2. Stalenient prepared hy A. R. Milne, K i;iviim a historv iif seahnu; iiiduslrv as piirsue( 1 hv British Mihjeels in the MelninL Appendix Xo. 3. Soienni declaration of ( 'arl A. I,undhr''L; on the ^iaiiL;liti r ofnlionl 10,00(1 seals at Kohin [ski hv the tl le seliooncr ,eoii, a watch-vessel ol tii A! i^Ha ^ ouinicrcial l.oinpanv M imsler states that it wi I U seen tiiat the first Ai ppcndix, III wMlcli tlic: (llttiTciit lltfc hunters deserihc their operations in detail, fully iicars out the position taken in lli iMinule of Council of the Uth .lulv, ISSS, that the dtstriictive nature of the iii()(ks »! killing; seals hy >pears and fire-arms has heen f,Meatly exacfrerated by the United State>' authorities, a very small percentage of los.s occurrini:. Also that the operations of the (':iiia( ian sealers in the liehrinu;"s Sea are of necessitv dnrini; the months proposed hy tli' Honouraiile Mr. I'layard as a close season. I lie Minister desires to invite particular attention to the liict that, while female scal< with pup are taken to sonic extent aloii^r the coasts approachiiii; thi' Mchriiii^'s Sea, such instances are of rare occurienee in (lie sea its(df. Appendix Xo. L' treats altofjether of the history and extent of tiie ('anaini(in that the action desciibfil in ommercia 1 ( iimiiaiiv a t W Olllll idcr lease to them troni Russia, in uiin itoulv maliciously slaiii^literiiii; on tlu rookeries lll,(i(lll for the avowi at one tune, i)nnci|)ally pup: and destrovini; their sli iiur pose of insurinu the (ailme ot other sealers, is Init nnotlier argunn'ril a<;ninst secuiini; a monopoly ot the seal-lishinu' interest in the North I'aeilie Ocean for ll. Alaska Coinniercial Comiianv, and while this one act has heei le destructive tl laii tliO eoinbined c the interfei ations ot the otl.er sealers in the liehrin"; s Sea. it renders altoifether erroneous )f I'nited States' authorities on the pk'a ot ])rot(ction with ■'ntniiiit.- |)uisiiits ol sealers in tlie open sea. lie oinmittee concurring in the ahi )ove Reuort recommend that vour Ivxcelleiicv tic inovt'd to I'oruard a . opv lu reof to the Rinhl Iloiioiiiahle the Se( retai) of St.ile lor tlit Col onies and that ,i e( h:- also forwarded to the llii:li Cominis.'.iom r lor Canada fer lii- inlormation All uiiicli is respectlnllv submitted for your Kxcellencv's approval. (Signed) JOHN .1. M(UI::i;, Cleric. Privy Council. ntioii Id tlic !ii; willi ;^Mii not bc'lii'vcil Initeil Stiller our (il such I scaling III' pport (if ilip istnry 'if ilir lilir nfahont vi'sst'l of tile I tin: (llttVri 111 laUeii 111 llii' tlic inoiles o! JiiiU'd Slate>' •atioti'i of the opuscd liy th' e I'fiuale scal« li^'s Scii, siicli iiadi.iii hcmIiii: Dwiiiu: thiit, :!•■ aiiiii'd, thciT i- scals wminilcd 1 (Ifsciilifil ill Holiiii Islaml. . i-iiii< on thi'ir Hi; itii'ir skill- itlu'i' arauiiu'iu : Occlill fi)l li'i' ctivo lliaii lilt tliei L'iroiicoui ■ ■'nliiiiiit- IvM'cllfiicy lie if Stale fur tiit Canada k\ hi- \i((;i:i;. 'rivij Couiifil. :ir.6 A|i|piiMdix I. Ulnfeiiiciih iif I'riirtiiiil //nn'irn. I W.iS . ;ii|M'Mlii nil 1 Ill till' .iridiii','-'*i'liii"ni'r " 'riiiiiii|ili " nil luT vnyai;!' llin vciir. ( hie iif llii! hilliliT'* »';is diuwiicil jiisl licrni" I'llli'l ill'.' lliOirili;,''.s Scii, iilid I tcmk liis pliiic. i Wiis mil liiiiitiii'j sciil.i iiliuiii II wcfli, lull till' wi'iillicr wiis liiiilj :iiid I irnt mily Iwciilv-lhrci' suiils. I Imd liiiil im c'\|icii''iii'i'. I iwuil il li|-n'rli-Iiiailili;_' mImiI-;^iiii, and ■t 111' seal- liHl liy IniiiliMS arc slml :ii Imij,' niii'^is willi tin- lillr. (liic ImiibM nn ilic Tiiiiiii|ih " this yi'iir yul nvi-r «i\ty sciils mid inily Insl mif. 1 iii'Vcv saw a ccav snil with lin yniiiig liiMiic liii'. Out (if till' twciil v-lliicc I 1,'iit, live nr six wtiro (tows rarrviiii; llicir Vimiii','. (Si«iif(i.) ".l.\.Mi:s WIISdN. t'iili/ii", (liiti.ili ('iilnmliiii, ^liiifiisl '.I, ISf^ll. ]\'illint,l Fi ii'iiliju. I have I'ecii (liivi! yi'ius lniiiliii;» seal ; (in llir racilic ('oast ami in licliiiii^j's Sea. In ISK7 1 was on l.ii.iiil llii' M'alin;4-.s(liiiiiii('r " l''aviiiiiili'," in IKS.S mi lln' " Viva." and in 1>>H'.I mi Imaid llir " 'rriiiiiipli." Ill I'a'li ycai till' vcssiil I was on ciiIckmI ilic I'.cliiiii;.;'- Sea early in .liil>,aiic| left llie -la llie lallii |pavt ■ if .\ II'. list "r early in .'sciileiiiliei-, evcept this veav, wlieli ihe " 'I'liiini] h " left the -la mi the 1 llli .Inly, iiii'li'i- tlneat of seizure, al'ler .seairhed hv the I'liiteil States' eiitter " Kilsh." In IHS7 the hunters I h;is with well' ]iarlly Indians and |iaiHy whites. In Ihe Iwo last years the limiters were all whites, ii>ili;; .^lli>l-ylllls and rille.s. The ritles were ii>ed hv llic mole ('\|ierieiieed liniiters and heller shuts tor l'i|i;;-laii'.;f slmotin^', iiji to iDd yards, hut few hiinteis iitleni]ited ihal raie^e. The liinrral laii^e inr lilh's is iiiil iiM^r lifty yards, mid most shots me iniide at a less raii^e. .\ I'ew hunters used till' rille for all disiain'cr.. I use I'ither rille or shoi-.^im, aerunlinu^ to the i|i«l,iiire and position ol'tlie M'lil and the '■oiiditimi of the water. .Mv first year I "ot alioiiL 400 seals. In oettin^r dij.s niiniher, J failed to i aiitiire ahmit tweiity-livi; -!i"t al, "1 killed, or woiiniled. hut which eseuped. Ill iiiv second year I i;ot over ."lOH mid lost ahoiit tliiity. This year I eot Md, .iiid lost only one. 1 have fre(Hieiitly sliol from two to live seal ilia I'liiicli. ,111(1 L'ol tlieni all, ( Ine day in 1,S,S7 I i,'ot two hanches of live each and another of four, and ;^ot ill'' wlmle Iniirteeii. Iiiiliaii hiiiitcrs use spears, and either u''t every ,seal they throw at or it '•sra|ic- uiihur!. i.i hut di'.;lilly wounded, Indians, it can he ,safely said, net every seal they kill, iisiar Scair, a hunter on tlii' "Viva" in ISS,'^. L;ot over (KlO seals, and l"-t only alioiit twenty. The ;ivi'ra;/e numlier lost hy while hiintei-s does iiol cNcecd six in lon, and liy the Indians ipit six in I.'lail. 1 have never shot nor have F ever seen a female .seal with a yoiliic one heside or with her. [t I- viiv -ililmii a I'eniide is kiUed in rieliiiiig's .Sea, carrying; lii'r vouiil; with her, aial mil ..I' l.dlin kilh-d 11 ll "ii-l earlier in the season less than one-third are h;iiiales carrying their vouiil:. CSiLMied) " \VM. I'KWINCS. Vi'i'ifHi, IliHixk I'lihiiiiliiii, Aiiiiiht '.I, \M'.K ('iijilaiii ./. D. Woyren I ,iiii a iiiasier mariner. and have heen actively eli,i;iiHed in tln' deep-sea .>caliii,u' liii.siiies.s tor twenty Vwi's. 1 liavi^ owned and coiiimiiinh'd seidiie,'-Ves.sels mi viyaucs aloiii,' the I'acilic, (.'oasl from ■17 ill -hs north lalilude to 50' or oT'" imrtli latilude within lichriii'^s .Sea, I liave ijcneridly i'iii|i|"ycil Inilians, except in IHSOand l.'*.ST,tlie last years I was out, when I had white hunters as well. Wiale liiiiitcrs use ritles ami shot-L;uiis entirely, liidiali hiintcrs iisi. s|i('iirs, liiillet,s weichiinj; Irmil 'ml lo-IIMI ^'raiiis arc ii,sed with ritles. and onlinary hiick-shot with i,'iins. llotli ritles and shol-nuiis 'fi' 'ill li-loadiiii.', and ol' the hest make. Si'als are a|iproaclied i-y the liuntcrs ill hoats, Ui 111 or l."> .v.inU, lyiii^' '.generally aslei'i the wati.r. Krenueiitly seals arc taken ali\e when as|ee|i, cs|iecially hy the liuliaiis. who, in their caiioes. yel within I'rmn a spear's IciiLjth (14 or I." I'cet} to :;ii feel hehnc they Ihriiu, linliaiis rarely losi. a seal they strike, and if one esea]ies it is always hut s|i.;htly w..iiiide,l. (If >'-als killcil hy white' hunters, prohalily not .iver 10 per rent, are killed with rille. whi'li is ..rcnerally "sihI Inr ..Illy a loii^' niii^e, ."^.'.ili'is .livide the seals fi.r hunting' j.iirposes int.. two classes, "slec).cr>" ,in.l '■ l.c.leis ; " or "triiMilliTs sleepers " are almost always shot at from 10 to I", \ar.ls ranee, and ao' .^chl.im lost, ' fci'ilers" are shot at just as their heads enier;,'c from the water. I'roiii this fact tin- lali'^e is always I'l'iii a l.w leel to lll0'viirds,lliou;.di few are tired al tli.il distaii.-e. Hunters ii>c a, " j^alT." a pole ahoul '""1 I'-' I..' loiiL', with ' to three hooks upon it, with whiili lliey catch theM.al and i.riii^' il into ll" i.'.al II the seal sinks, the "'_Nill"' is run down. and the. seal ho..keil up. 'I'lie liiiti-h sealiiii;-vc.-.sel.s 'iii|'l"V 111.. re Imiiaii ihmi while hiinlcrs. Mv cvpcriencc with white hunters is mit so extensive as »illi li..liaiis, hill froni wliiit I have seen wliili' cii.i,'ii5;ed in sealiii',' I .'an sa.' that n..t over si\ in I'verv I'l" "'■•■ih killeil hy while liiinters arc lost m escape. Kx|.iiiciii..(lli-.intcr.sseldciin Io..,e a seal ; the losses ale ehiclly made hy incx)icrieiiceil liiiiitci',s, only '•'« "I whom ai'i employed, loi the le.itx'ii th.it a,> hantur.s are imiJ so much a skin, infi.'iior men ' "III"! iii.iki' ;;nod wa^-es. I have noticed iio diniiiiutioii in tlif niiniber of seals diiriiej the twenty Ili'S] 1? Z 2 til" li'iiiiil('>i iMiniiii; tlic'ir ymiii'^ ^cl iiilu lln' wn lljcy yo t'l llu' lni'i'diiij; islainl-i m- niiikiTic^, imd iiu iVw iliiys llu'ii' vuMiij; lire liiiiii. 'I'lii' ciiws Miiiiin with lln'ir vmiiiii; iiiiill llicy iiii' i|iiil(' alilr to tulo: ciiriMil' tlic'iii-:i'lv('-i. I iln iixl tliiiiU tliiil mil III' till' mmIm liikcii liy Iiifjiaii iiml u liil ' liiiiilri f imii|i> tlnn ;!0 ]iiT (•(■lit. 111'!' Irliialcs artimlly lurcilirji; iir r;i|ia'ilii nl lilci'ilili;^. "tljil liilll.s," " li.iillcliil'S," " IWii-yraiMiliI |ni|is," ami " liiirni inw.i' iii.iKc ii|i tin' ;;IimI IimJuiiIv ('iiws iii'tiinlly liivciliiii,' air vii|'y wali'lil'iil, uiul wliilr nii llir vnya;;!! iimtliwaiil aiv rvcr nii llu; uIik, i,, tlicv all' ililliciilt til lake. Uli till' iitlirr liaml, tln' ullin rIa.-M-, alum- lialil'il inaki- ii|i tlir piMl i Ls. of " slui'liuLS " fiMiii wliirli I'lllly '.III \n-r riilit. of tlu! wIihId catrli (if liniilcrs i^ ilnivnl. I ikvh saw iir iicai'il nf a "niu" liaviiii,' lici- ymiiig lirsiik' licr in tin' walrr, ritliir "ii tlir rna.^l m- i;, lii'lii-iiiu's Sra. iSi..ii,.,li .1. 1) WAIM.IA' Vlrlnri". Urillsh r„l„,iil'i''. Aiiijii^l 1(1, 1S8'.). (Si,u'ii.ii) .1. n \v.\i;i,K.\, ('itnliiiit Sii'i''i'yka L'miiim'ii'ial ('miiiiiiiiy last year litteil mil twii .small sehiimii'is lielmi;^'in.\' tu private parties with lari,'i' ilee]i nets several hiiinlreil falhuiiis liiiii'. wliieli were set aeniss the passes leailiie.; fnun I'l'hriiiLr's Sea (^r the piirpn'e nf eaV hiiiL; yuiiiit; si'iik One uf these seliuuners ^'ut TOO ,-ir,ni s,h..,.n, r " U'"lh,- L IH'-I'." ll'iiHi'r Ifoiisr. I was , I hunter iin the sehuuner " Waller I,. Kieli," uii her s-aliiiL; vuviiLje this Mar. It«a.siii; first year uli the J'acilie eiia.st, hiil [ hail hail .seven years' experiem-e mi the New luunillainl ua-t eatchiii',' hair-.seals. This year un the " llich " I i,'ut IH.'i seals ami hist live, which sank liel'uri' I n^aclii'l them. 1 ii'-eil a shiil-L;uii. The hunters un the"J!i('h" lust i'limit the .sinie luupurliun, suuhmi li'« mure, .sunie less. I never saw a cuw seal in liie water with liur yuuiiu hesiile her ur ii-ar her, iiorliav* I ever heaul uf smh a cise. (biyncilj W.Vl.TKU llnl.sl'. Vidiji-i,i, Jlri/i.ih Columhi'i, Aii'jad 10, IHS'J. Miinuraniluin KslIM.vri': ul the Aniuiiiit jiaiii fur \Va;,'i.'<, A-c, uf the Victuri.i Sealing; rieet, ami tin pruhalile li'eturns. Wngf H of iTPw .inil liiiiiler", per vcsst-l , , liisuniiirr I'n-iiiiuiii on ^ .000 d'liiar^, at 7 [ii'r ifiit. P^^vi^iOlls, !iiU, amimeiiti.iii, Ac, ■j'utiil pt'r vi'st'l ,, I"tir tiveiily vt'ri,0U() Hiviii>. Cojitdin WiViiiin (fLninj. I ;ini ii niiisliT iiiiiriiH'r, (iinl liavi- lircn sfal-liiniliii;,' on llii' I'.icilii' coiist, ((mii- yens, lliu'c uf uliidi I w;is in r.rliriiiL,''» Sm iis wull. < Ino year I liinl lliiliiiii liiiiili'is (Jiily, iiinl llir iImim' ycais I IhhI wliitf. Iiuiilcis imly — all nii llin scIiihhut " riillilliidcr" My i'Xl«!i'i"iici^ witli Imliaii liiiiilrrs is tliiil llnv Idsc niiiii'— iit iiiiist II t'i'w — lit' Uii' srals tliry sjiuiii'. Tlir s]]i'ars iiri' '• liiMnliil," sunn.' willi diii', tiuinii witli t«i) lirai'cls, anil iilii'ii tlir si'iil is stnirk", raliliin' is ci'ilaiM. Wliiir liiiiilcrs use sliiil-t;iiiis nnil rillrs, in rmdini.' Id tlistaiiw iiiiil stall) of wator. On stnudtli Miili'V ami at lull},' ranjjrs tlic litli' is iicnnally uscil, Imt tlir iiiiijinity ot' liiiiiti'i-s imn (lie slint-};iiii, iiml till' u'rriit iiiajnrily hC seals ari' slml with i^iiiis, Till' nuniln'i- lit' seals lust liy wliite liniitiTs iloes mil eMeeil hx in lOn, anil niaiiy liiiiileis lusc niii''li less lliaii lliat iiiiiiiliiir. Almiit lialf nf llif seals taken aliiii'_' tlie enasl are nnvs iiiiil ]ierliiips pvii-lliir.ls of (lie cdus are willi yiaiiij;. I'littini,' ii vessel's inast nitili at 4IIII, frmii I'lll tu IT.'i iiii;;lit lie riiws witli yiiiin;;. Ill Heliriii};'s Sea the avi!ra^;e of cdws ui(h ydiiiij; killiil will iidt avera;.'C diie in lllll. I'nr the reasiiii that as siniii as the n.ws reaeh the sen tliey t,'ii tu the l.ieeiliiiL; islanils whcie their ynuii,' are hurii. I never saw enws in the water with their yimii;^ with them. I ilu imt think there is any deereasc in the nunilier of seal eiileiiiii,' 'lieliriii;,''s Sea. I never saw so many si;al iilims the eoiist as there were this year, ami in lielirini,''s Sea they weru iiidie iiuineriius than I ever saw liel'iire. This year I slicil fiirlv-l'unr seals anil lust diic. (Si^mxlj \V.M, (/LKAKV, Vii-liji-ii, British C'vhi mhiii , Sfptemher 12, 1880. Fredrrirk Gillxrl. I .1111 ,1 >eal hmiter. I have liren four years iin lioaril .sealing-ves.sels, diie year I was a boat rnwcr, ainl Ihire years a hunter. I have always lieen with white huiitei-s, anil have iiseil the slidt-f,'iiii and rill'' fur shdiitini,' seals. Ill 1SS7 I ydt r.lS seals and lust M ; in 18MS 1 };(it 2}t and lust a; in IS.S'.l I }.'dt i."4 and hisl 111 ; "V ill the three years I ent I.L'lii .seals, and lust '.'<■'>. nr lij |iei i-ent. I never sliol nr .saw yiiips with llie lows in the water, nor have I ever heard nC siieh a ease. Some hunters lose a lew more than I do, lllll tlie most miliiikv hunters 1 have met with did not lose twice as manv. (Signed) FUKIl. ClLBKItT. llrloriu, ISriH^h Co'inniii". Srj./n„J,< r l!:, i.SH'.l. Georf/r. llove. .\lv liist year's seidiivi;, IS.Si;, was on hoard the "Theresa" fViuii San Kraiu'iseo to Viitiuia. We lell Sail l''rauei.seii on the ijdth .laniiaiy, and arrived at Vietoria mi the Ttli .\|iiil. I "ot \'i'i seals, of wliitli I lo^l aliiait 7. I u.sed a shot i,'Uii prilieipally, the rille oiilv lor loii;,' riiiii,'e si till};, say, from :'.ii to Cai yards At \'ietiuia I left the " Then s.i" and joiiieii the " I'lithlimler." The " I'athHiider " Icll Vietoria on tli" ftli May 1'ia- liehriny's Sea, and that trip 1 };i.t AAl seals and lost ahout 2ll. In 1887 I joined tlu! " reiielo]ie," and left Vietoria on the third Kehriiary. ! };iit dlS seals duriiii; the i"ias.iii and lost .'il. In 1888 1 did not j^o sealiii,;;, hut in I8S',I 1 was eii.i.'aeeil on the sehoiiiier " Viva ;" vn lelt Victoria on the lUtli .rauuary, and 1 j^ot 7;U seals during the . eii.son anil lost :'.7. I never saw a yeiuiu' I'lip aloiieside its eow ill the, water. -Miiiiit oiie-tliird of (he .seals taken on the eoast are rows with jmp or .apal'le ol lieiiiL; with pup. Ill Iklirinu's .Sea I };ot four cows with piijis in them. (.-Signed) i^KdllCK HiiWK. T/'0}iif's llnirr. Ill is.si;, ,,ri lioaid the "Theresa" and " ralhlinder," I };ot for the season ,"',l7 seal.s, and lost alioiit -II. Ill |NS7, on the srl ner " I'eiieloiie," 1 eot .".111 and lost ahout oil. In l.'<88, on the " l.ily I.nd," 1 tiel iilij and lost VI. In l.S8',i, on hoard the " Viva," 1 \nA ri87 and lo.st 27. (Si-ned) THOMAS HOWE, Alhrrt J. /.ntwm. This was my lirsl year hiintin;,' seals. I went out nii the " Annie ('. Moore." We left Vietoria on III'' "."'ill .lanuaiy. I .i.;dt diiriii}.' tJie sea.sdii :\L'0 seals. I use a slidt-Ljiin livineipally. On (he eoast I :.;"1 ahout L'.'i Id I'lll females with yoiiii.:^ in them, and in lieliring's Sea I };ot iiliout i\ or 7. 1 nevei saw a cow with her pup aldiigside df her in the water. 1 h'st 21 .seals tliat sank hel'dli I nuild reaeh llii'ia. (Si,i,'iiedj A. .1, i'.F,i,.i;.\:\i. IMAGE EVALUATION TEST TARGET (MT-3) ? ^ // // :/. ,v^ y. ^ 1.0 I.I 1^128 |2.5 •a 1^ ram " lis il|2_o 6" 1.8 L25 IIIIII.4 11.6 V] <^ /2 om /a w ^^ 'C .s' '7 '/ /A Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 I aaa [A|>|>un(lix J' SliiUm'iil hi Mr. Mih.f. WITH 111 llic f.'irlv lii^liiiv 111' llic siiiliii'^ iiiilii.^liv ill liiili'^li ( 'iiliiniliin, it ii wrll kii Sctlli'liniith nil tlic We"!! ciuisl iil V nil iillViT illli I l.llliTII rllllllull.- Islilllil.J. llll tiiki r snils aiiil llll- liiinliii',' nf llir Mi>a ntti'i' WHS rnllowi'il Hilly liv mil' linliiiii |iii|iiiliiti)in. <.\li |iiii->iii- iiiiiiiliri', llial I-. Ii\ iisiiiL'tl iiinii' iiinl '•|>i'ai', ami .tMh vciiUiriii.: lii'VHiiil M'A\\ nf liiiul. Their miiitcxm v as mily kiinwii In lln' Uaili'ix wlm liail slmiw ni .■Jlalimis, iiv liailiii;; silnxiiiii?. iisiiallv \iMliii'.' I II- Wi-I 1 niisl iliiiiir^ llial hi: tl 11)1 111 lati'i V cais lii'iii ili'llv i-ii'ia- >il II' ulilli' ).ii|illlalliiii illialliili-. SmMii;,' ami ili'r|i-Ki'ii lisliiii;,' iliil mil si-em In alliail iinnli iiltriilinli. Tim I'i'W srals riiiiiilil liY llic Iriiliaiis ail.jaciiil In llii- rna-l was mt iiii'ii'il ^iillii'ii'iil iiiiliiri'iiii'iil I II' si>aiiii'ii. aiiil aUn lln- lialiils nl ll ■al, llii'ii- ii'^iilar Vi'iiriv iiiii.'raliiiii linm Illinium's Sea, ami tlirir Inii^ jiiiinii'V aiiil rrliiiii riillnwiii;^ iIh' I'miil lisli. wiTr nil iimltci.s Mill full kliiiuii HI iiiiili T^liiiiil liy mil |«M)|i|e. Al al! I'Vi'iil". it ilncs mil a|i|irHr llial ihi! kiii)wlcil)4c «as [iiisscssi'il 111 llll' '-ral lid' liv mil' liiiiili'i-s )in siiiti'il aiiv rxliii iliiliici'iiieiit In llii'lii ti' fiillnw tills liaxanlmis ii<'Cii|ialiiiii. rp til '.ill' year Imi.'i-liii tlic sraliiiL; imliisliy ri'iiiaiiiiil in llir lialnls nl' ll.i' wr-t cmust liiilliiiin; Imt ill till' year IHIi'i tlie scIhmiiii'I " Kali'." ul' \'ii'tiiiia. Itiilisli I'liluiiiliia. in i liap.;c nf iMilch Uanj- and I tnilvii'. Ii'l'l Viilniia mi a sralili;^ ami liailiii'.' vitiluii' In Ilir \..rlli I'ai iln ami llilniii'i's Sra. Tins 'iiu'i'if III till' veil tiii-i' is iiiikiinwii. ll is saiil lliat this Mivav.'i> was iimri' Inr tiailiii'j lliaii se liiiiililil.'. ami , r.\|irilitii>iis nf till' rni'iiii'i' kiiul well' I'leiililiil at llial liliie. tin' I'liiteil Stairs lia\ iiiLl aUiiil that tin ari|iiiri'tl |< the |illll>i i-se»sinn nf Ala>kn. It is imw nrm-iiilly In'lievcil tliiil tliev ilii| iml eiiler lii'liriun'.s Sia fut nf sealill'-. Al all eveiils, ihe |iarlii' ail' imw ileal I. ami nil aiillieiitii' ii-emil can U' fniinil (ll ilieii- -inress if any) a-s a sealiii:,; xiiya;.;i'. Attev that liiiii' -nlin' fiw years ai'i'iai In have i'la]i-ril Ix'tiii'i' ill aliiin liii^iiiess was ininh imteil. it lieiiin attractive In nnly a lew tnnleis iiiua','eil en tin west inasi in the ii^iial barter ami eM'haii^e with Imliaiis Tl limieers nf the sealinu' imiiistrv, miinelv .Tallies 1 1, Wamn. IIul'Ii MiKav. ami Willi.ini S|ii ii'4 (ill wlmni the llis| inentimieil mily survives In iiii|iail tin ai'lv i-ln|V nf tile linW lllllKirtallt iiliisli'v reaju'il the lewai'il nf liiil, ami have retiieil In eiijiiv the fruits nt their lal inlir. Almnt tl lie veal': H7HT'.' the SI 1 ner- lii'lnn''ill'_' In t'te IinH nf N'ii'tnHa. I'lritisll rnliiniliia. I« In e\leml tlieii' Miva-^es sea warils. ami the ininiatimis nllhe •^eals lieianie lielte illelstninl. Sclln 111 ivj, smithi'ily in the early s|iriiii; nimiths wmilil meet the ii'liirnin',' scaK, JHaiml iinithwanl. Al 1 linie the fnllnwiliy silionliers eliya •Tliiiiiil.in" ■ Annii \KrvV ' n this Irallie :-- IIwiimI I'V ( «|il.iui .1. I). Wirr.ii. Ilillii. Ownitl lir ('aplitin lln^li Mi:Ka]r. DiUii. In the \ear I'SSll the sel mr " Maiv Klh II. a vessi 1 1." t. Ill-, Was I nil liaseil In William .'l an iilereil rielllin^'s Sea aliniit the l.'ilh .liuie ami left alinlll the enil n)' .Vm^ilst nf the s siilisfai Inrv In nwiiers ami eie-.v. Tliev iirnsei'iili'il their ll "_'iliiiiate ami \n\aee W.I llie lii'.:li -eas withmil iii\ iiilerfeieine liniii any nm lie Vear. Tin I'fiii viiv,i'.;i'li' 111 ll le >allll' Near the nnllti .\llll.l llei'k. " ' Alln 'I \ilam I Inu.ir ll ■ •• Thniiitnii." " W. r. Saywai'il" ami " Mlaek lliaiimm well' all I iilii'-li\ in the Sni'lli I'lnilii'. " l>nl|lllill," "(llaii'." ii.;.i:.'ei| ill the ■.e.iliui; 111 tile Mar iHH.'i inii.siileroil a |iiiis|ieiniis line I'm- sealers -the "Man l'',lli'ii " ami " Kavniiti ," "I Vii'tnria. havlii;; entereil Itehriiin's Sea iliirin^ .Iiiiie ami leavinj.' ahmit the einl nf .\ti),'iist. ami tlii' nthei' .seliii'Hieri. is jiei lint att.u'heil lieretn. Imnleil in the \nrth raeitie, Inil nnt eiiteriiik' liehriiiu''i< '^'•i Wi-HH, but wliiili 3flO A iiiiiiilK>r 111' Vfs>«>li worn luliiiMl id ilir flict m ilir liillnivin;: vi.ir ( l-^.m . .iihI iIi<> I'Mlciinisins hriii I 'iiiii' Mini Muiisir, liiiiiiylit iikpiiiiiI r;i|p.. ||<>iii Ihc «i'|iiH>iiri' riilliliihlri TliU liiltcr li'd to •'•v.ir iiijliii'.'liiljiiii hniii I'lislii'li |>liiviliirs i,\ lUr liiii'ilv ila.^'i iil' ^I'Uliii'ii sn \v>'|| iiihi|ilrcl tlain«'s nl Hliiili i'» imw a iiiatli'i nl liistnu. Tlii'si' vi'sm'N. lilti'il ■ lilt al Vlrliiiia I'lir vnliii;; ill tin- wati'ls uf llii' Nnrtli I'milir Onaii ami I'i'liiiii',' - -I'a ami al tin' tiiiii' ■ if »i-i/,uii' (1-1 ami Jml Aii','iiv|. Issiii, wi'ir al'mil 71' niili- Irniii llir mari-l laml. Till riiiU'il Stall-' IIi'Ni'inii-riilti'r tniik tjnin tn < hiiiala-ka. Tin' rn'WH nl thr " (.'amliiia ' ami ■• Tli'.iriliiii," Willi till' i'\ri'|i|lciii ,,( ilic i'H|i|iiiii ainl mii' iiiiiii ili'laiiinl mi Imanl, wi'ir -i-iil in Sail Frain 1-1 II. Ill-ally I nun milis liniii Imiiii'. ami liiiiitil ailiilt In lii"j lln-ii liiiail. ami liv a|i|>ialiii^ In tin' I'liiilily nl' tlir liiiiiiam' tn lunl tln'ip »ii\ liaik tn tlii'ir limiii'S nil Valirmivi'i's Islitml. T'lir i ri'W nf tin' OiiH.ml ' wiH ki|il al (lunala-ka. T'ln' iii.islir ami iiialc nf llii' " T'linriilnii " Wi'ir l.mm.'lil In tiiiil hiliiiv a .Iml;,'!' iiaiin il jlausnii. in llii> I'liiti'il Slattt-' Itiitiict Cniiil al Silka; ami if liall llii' slmii'S !!..il nil' Inlil iiri' tnir n< In llii' iimniii'i' in wliirli ( niiil- all' i'ihhImcIiiI in Alaska, we raiiinil I'l' -iii|iri.''i'i| il llir M'lilict. Till' Inal was a lain' mi jii-lin', u In'ii' ilili'iiialimial liw m' inimtv liail nn rnnsiili'mlimi 'I'lir llrili-lirr niii-l siill'iT," ami lir wa- t'niiml '.'iiilly arrnlililiKlv. i In' niailri nl tlm ' Tliniiilnii " «ii- -'iiti'iiii'il tn lliii'ty ilay-' iiiiiiri-niiini'iil ninl a line nl' .'nil ilnllar.'*; tin' niiili' In lliirty ilay.s' niipii-"iiiiiriit ami a liin' nl :'.mi ilnllai-M. Tin- nia-im ami niali- nf lln- -niiMaiil " a- .il.«n tlic nlllrcrs of till' ■' ( ainlina," wi'io liki'WHc iiiiili li ".I nf siiiiilai |ii'naltii'-. Tin' iiia.-tci nl llir lattil vc-wl, mii' .latiii'i < lijilvii', uii nlil mall ami a |iiniii-('r nf liiiiisli ( 'nliiinliia. will ilinm.'lit nf Irv nwni'i-- anil ncwH iiiiliiiL' limn Ills imri. nf \'ii tniia, altri .-iilli'iiiii.' Iiai-li anil inliiinian tii'aliin'iit al tin- liiimls nf tlid scrviiiit.i nf tlm iiii;.'lily lir|iiilp|ir wliirll lilalantly |irin laiiiis its li.vi' t'nr lln' li'.'lil. wa- snUi-ri'il In w,inilijr iiitn wiknI. wlnTi' lin ilii'il trniii want ami nxiKii-iin'. Till' nlliii' iiiaNli'i'H anil niali'-. alti'i' ii'inaiiiir in |irisnn fnr -rvrral iiiniilli-, wmr ii'lnii-iil liv milrr ■ i| iIh' tniM'innr nf Alii-ka n|inii liis licimj It-i .;;lil Iiy tin' inlialiilaiil- nf .sjtki; iii llm iiiti'ii'-ts nf lii'iiiaiiily. Tiny wi'm tnrnril mil nf i niiliiii'iinnl litrr.illv ili'siitiili'. witlnnil Inml ni- kIu'IIi'I, ami rntii- IK'Hiil tn Iiml their way Imck as Im'.sI liny iiiiu'lil In llnir linnii'- l,.'iiiii niili's ili-lant. nailn'il mily liy ii i'lli^' mill in-lly •.•i.ya;'i', nl- liy llm liiiinlly lnl|i nf ilin Imliali ami a r.ilini' hmt a ti'iii|M'-tiiini.s wilitiy 'KP.IIl. Till' Sim V nf jinnr ( l._'i|\ il'. llic t.i'int.t nf an iiiis(rn|iiiliiii.s .Iiii|;.'i'. I'lianutt'iiziii'.' llnin a- {lirutdR .'iiiil mIiIhis, till' MiI'Mi'iiiiiiil iiii|iiisniinii'lil in a fmil Aln.-kiin ilniif;i'nii (lit niily fnr a sasa'.'n .Mini , will lull',' 111' Inlil as a Inivi'sty nii llm liiini.'iim art.-t nf ii liiiinlly (in.i'iiiiin'nt. Till' -I linniii'i'x lur.i' 'iini' lain mi the iK-ncl'. at ( tniinlaska. wnini-ratiii ami wmtlili -s. In IM.S" ')'•' linM iiiiiiinl nf llii' I'liili'il S'ali'.s rnni'luili'il In ^nr iln-r \i',M-|s ii|i, ami in a li'lli'i rrmii \li l;.iy.iiil In nil- I,. Wi-I, ilali'il llii' mil Orlnliii, IS.ST, ill. fnlli.wiii^' I'Miarl a|i|ii'ais: ' In lln> nniinlinii', in ackiinwli il;.;iii;; yniir note, I lakn nriiiMinii in -lain my iin|iii's-inii ilial if tlic ihlvi' Vi-si'|s si'izi'il anil nl'lli'fOil in In' Irli'asi'il have tint lu'l'll lv.|pns-rssi'il liy llll'il nW mis. it is lint Ivraiise nl any liiinlmnce nu llir iMli uf any nllicial nf llii.s tinMUinunl nr failllU' In nliiv llii' nliU'l Inr i"liiiM', lull lanlialily Km aii-r nf llir nnintiiii-s nf tlin Inriilily (< tiimila.ska) wlii'ii' tliry wmi' takmi allrf iiTi-.-t I'm- ailjmliriilimi. ami llir |.|niriiliiii;- liavinn lirrii in inn. llir n« nris liavr ml -mi I'miiit In !■' "ii-'l In .Alaska In lr-|.iissi"i- I In In-rlvr- nf llir liln|ll'rty" in i)Urs|imi" ,\::iiii nil llir l.'illi (lilnlirrnl llir saNir yrar wr Iiml liir fnllnwiii'.' In.iii .Mi. Ilaviinl In Sir I,. I" Sir. " I LiH, 1 1 nil lit nf Slllli. W'llslltilill,,!!. Il,/„l„i- \:\, IHX~. "•'iiiitiniiiiii; my irply In ymir iinlr nf lli.' L".Mli iiltinin imniiriii'.' tlir ira-nn fnr tin- ilrlay in '|i|11|p1\ Ml'.' with llir nnlrr issnril in .laiiiiaiy last Inr Kir Irlra-r n| Ihr I'lritis!! Vrs.-rls -ri/nl list yrar Ml rii'liiiii'.''s Sra. I lie;; IraM' In iiii'miii ymi lliat I liaVr tins ilay rririvril a i niiiiniiiiii alinii I'lmii my iilliaL'iir. llir Allnrni'V-driiriiil, iiilmniiiin mr that his trli'}.'miii 111 till' I'liiti'il Slalrs' Maishal at ^'ilkii I'l llir Jillh .laniiaiy lasl, niilriiii;; thr irlrasr nf the llritisli -i.linmirrs ' ( tiiwaiil," " < ainliiir," mil ' f ninlnli, " nwilin t'l -nliir llli-i nlli I'pt inn ami niistakr nil thr pan nf llir nllii iai In whnm it liaii l«'ili a'lilirssnl. hail lint liri'ii ai'lrii ll|iii|l. .\ rrmwril nriln lias ;.;iinr Ini waul fnr ihrll nli'ii-r. as hail I'lii 'ii-liinlly ilirrrlril la.st .lamiary. anil whirli I lanl nn ivasmi tn ilmil.t hail Urn )iriiniii||y nliryril. (Sinnrili ■' T. y r.A\ m;|i." rmiil till' lirr;jniiin it naliinilly wmiM !«' hrlirvnl liy all Ivil-mialili' |" irplr thai llir Sn irlaiv nf '111' I'liili'il Slalrs wiiiilil liiiM' liinl iliir li's|irrl Inr thr |iin|irirlii'- nf intriiiiil miial rniiiily. ami -rr that llii iinlrr wniilil hr rariinl iiiln iljii I hrlnrr Ihr i In-r nl till' Mar IS.-tT. Sill h m.i- imi ihr rase, ttlmti'Vrr ilitrivi'iiril in this ill|i|n|ii.ili.' sliillllr, Il iliil imt naitrlializr lirlmi' llir l-l Nnvrinliri, ISS.S, •ii'l mil until till' Iiilh NnV'tiilii'i "f ihal vrar iliil Mr-srs. ( 'arnr ami Mnn-ir rnriM' iln- Inllnwinn:- ■ iJnliirt III .l/il.w'.K, l.'ililid .Slill,.,' M,i,.,h.il.- (>///,, . Mr, .sV//'(, .\,ii-ru,l--i- I. l.sys ' Vi'll .llr hrlrliV ,Hllllnli/('il illlil ilill'itnl In ilrlivri In llir li'.;lilllll iiullrl, .Mrs-is. Mlllisir ami Cn., Vii'l"tiii, jlrili-li I'niiiniliia. Ihr srl/ril -I hnniiri " I'ainliiir, " nl \ ii'tniia. Iliilish t'liliimliia, hrr laiklr, iil'l'iiril, .im! I'liiiiiiiiir, a- slir iin« Ill's Ml ' hr 1 1 ill Imiir nf niiiiahiska. ^Si'JIlrll,l •• llMlliiN .VtkINs, I'liit.ii Stiifrx Miirahal. y II \V»1I, i'.-n , I'liitril Slalrs lli|iiily t nllnlnr nf I'lHlonis, UumiluNka. Alasku." .'UIO ■' IhstriH of Alanlot, Uniltil Cutis' Miinhal'i iljjia, " (iciitli'iiii'ii. Sit/cii, Xiiiriiilii-r 1, 18.SH. " I liiivi' till' liiiiiMiir til iiilofm yi)H tliiit I Imvc ruccivcil I'lum tlic liniiniuiiliK' Allnriii'V-dt'in'riil of till) I'liitiMl Suite's ciinlcrs tu release In llie ii;,'lilfiil ciwiier.s llie sclinuiier " ('aniline," lier tiiekle, apiiiiiel, ami I'liriiiliiie.as site mm' lies ul the lluilioiir of Oiiiiiilaskii, in tlie iliiliiet nl' Al^tskii. Tliiinnlei mi thr Deputy Ciilleetiir (if OilHtoiiia III Oiiil.iliuskii tn ileliver Id ymi llie |irii|ieity is lieiewill iii''Mseil. " Very resiioeH'iilly, (Sij,'iicil) " IJaiiton Atkins, l/niUit Stales' Mur.^linl. " Messrs. Muiisie iiiiil (,'ii., Victiiriii, liritish Coluiiiljia." Ill the year 1.S87 the vessels eiitiinerateil uii list dii ]i. 17H entered Heliriiifj's S«a nft<'.r liiiishiiiy llic 8]irili'_' seasiin. The naiiie:i nl" the sehimliers ami dales of the seizure, lnLjelher with dates nl' their siili' at I'dii 'I'liwiHeiid, W. 'P., where ihey wen; taken after iii)st|iiiiiemeiits and delays, alsn a]p|iear. i'liey Wen! siild mi the ijlilli Mandi, ISS'.i, earn ntly npnit at the time disimseil (if at a miminal value. All the vesiels named cm the list, p. IT'.I, went to .sea in 1HJ; everythiii;j to lainj; the matter to a spewly settlement. Also in n;_'ard to the haliits of the .seal, many erroneou.s iven in tlit Aiiieriean press, and liy the paid oHiiial.s of the Alaska I'ur Coiii|iany as to the loss of .seals liy waiitun slun^'hter las they term it, of our >ialers, I have made due and ililif^eiit inquiry as to the peneiitaije of seals li.ilile to lie lost after lleiu^ shot, and from wliut 1 have gathereil, it amounts, at lausl to only li per cent. The haliits of the seal ale liow Well underslnod. They tnivel siiij,dy and in ]i.iils, not in dnivesnt nuinliiis as has lieeii supposed hy sniiie, and to eover i. lariie expanse of water. They are fiiuinl 400 miles westwanl of Vaiiiouver Island, and mi^jnile to liehriii^;'s .Se;i in Septemler and I l.li.lier. The pups leave later in Novemlier, the lempeniUMc of the water liaviui; some inlhieiicu upon llieii movement, hut they always return to IJeliring'.s Sea in June of every year. Vk.sskus tleaieil for Norlli I'aeilio Ocean and r)ehrinL;'s .Sea, 18.S.1 Srliodiicra. Tom. Mar; Rllen FsTiirilc 63 I White crew anil tiuntrn. 80 White rrrw nml Imliiui liuntrra. VkssKls cleared for North I'acitic Ocean, hut ilid imt enter liehriiijj's .Sea. sJ .12 nil 77 :iti 2.1 3:1 V'J liU m lIcV-lil^lUTill of liickir, iipiiiiiel, 'ii(^ (inli'v (Ml till' (Ics Miif^hnl. Vk.ss|£I,s clcni-.'il f,,r Ni.rtlj I'lK'ific Ocfiui .md I'.rl.iiu'.' - Sc-.i. ISSO. to the sriziiie ot litter to 11 siicwly iii;^ fjivi/u ill tlif seiils liy Wiiiitou I) the lHM(rlitiij;i; iimirits, ;it luosl Scboonrn. Tnii^. Airri-il Ailamn 119 Anna Hfck 44 ArtiTi'., ,, .. 42 FiMinUfnJ A|inl 1, IS!";. lllnrk Diamniid ., , . ,. ,. «2 Dolpliin 8(1 FaTorite .. . .. ,. All <'riri> ,, 77 ( ^rolirift 32 iViiMl Auiiuil .>, ICSr., Ii; Uniti'il Sum' fio.rmment. Kale ,, sa Monntain Chief .. ,. .. .. 2S Mary Kllf-n 6.1 llnwanl 35 Seiied Aii{(u*t 1. 1X86, lijr Unilod SuIm' Ourcrnmenr. iVnrloJM* 70 I*alli5ntler 66 W. H (tafward .. 60 Thornlo.i 29 SrUM Au|fU«l 1, \nc. b» Unilwl SUIm' (iovrn)iiicn(- T>'KM,, 63 KnitNr .. 29 Wrtrktil Frliruarj 26, 1887. ' Rustler " dill not er.tcr IJ<>>irinK'i .^<-n. Vrssels cleared for North Pacific Ooeftii and lUdir'ng's Sea, 1887. Srbooner Alfrrd Adams Anna iterk Blark Iliaiiinnd Dulpliin Piivorile (Jrai-c .. Juanita K:itu ,, Mary Taylor Mountain Chief M.iry KUen Fentlopi' I'alLliruler Sapphire W, r. Siiywiirii Triumph 'IVrrsa . . Viva ,, Wnnijerrr Ij'lli.' r.iirflild »S 69 40 82 60 8U 77 48 M 43 23 63 70 66 121 liO I.-. C3 92 Hi l.'.o Dirjwitition. Seilrd Auguit 2J, IflT, and lold by IJnilnd Sut<-i«' (ioTf-mmcnt at Fort Townwod. W. T . March 20, 1889 Srifrd July 2. 11^87. and Fold by United StatP-f' (tovirnmflit at Fort To«tn»rnd, W. T., MariU 20, lii89. Seiir.l July 12, 1H57, and fold by United Mates' (juvi-rnnit-nt at Fort lonuiend, W. T., Marrh 2li, 1889. Sri.:Fil July 17, 1887. and >old by United .^tatea' Govcrnnitiit at Fort Towntend, Malch 20. ISB'J. I !>fii<',i July '.1, 1B87, Vfrnioi-nl, and rclivi by Inilrd Slali't' tin. I'd under bonda. [128] 3 A 362 Vk>selh cleared for North I'aiilic (Joisiii and lii;lirin!,''H Sea, 18'<.'<. Tun>. DljjT ■ .'Mm. Annio C. Mimn- ArMUnali Aurorit Illiu'k DiAriinnd , Favorlt' JuiUllIil K>u .. Lily .. U'lit<;l ., Miry r.i)l.ir Mtiiliil'iiii Cliii'f M.ry Kllni Mawie M(- I'll.flop,. PathKiultr 8Ap|))iir<* W. I'. Sniwar.l Triuiu|ili Tert'.'a , . TriumpU Vin .. Wandt-rer Wil.lfri-.l 71 41 Hi tiO 40 M 6tl 28 43 23 C3 70 6C 124 M lli M V* 02 16 13 ' ik'iicil Jul; 1, 1884. b; Ruiiiin (iotrrnriiiit. tCominf. Vkssels clciirt'd for North I'aeiliR Ori.m uid lii'liriMjiH Pea, 183'J. SrlHtont-r*-. ■r..n-. AriH .. 'JO Anni*' C. Hooir . 113 Aunmi.. , 41 hlnck Diiimnni) , Hi SrimI JulvU. Fiivoril*? m ' Jimniti 411 Xriir.1 .lult 31. Km- . . ;>8 ■ Lilv .. C9 I^'titi.i., 28 Mnrv KUfii 63 Mari r.nlMr 43 M..«V" «■■ _ . 71 M(tlint;iiii Ciiiff . 23 PatliflniliT lili S!i tlii.'i year. S63 OwMn. ... .^^ ^ Tonusge. VaWonT Uullit. Whll.. Jlin. Inilit ». . t'l iih il nollara. Cirnr And Man!*)'- >■ •• M^.rrTavlor 43 H.OflO .'1 ii DitM I'athniid.T nn ln>'tt it .. 'iroifr liiii'i VlTk **j li.oo.> ■it ^^ir>i^ l>. MrU«n.. MaryF.|i,n lis K.llllO il " K (' llikiT unif Co. .. Trnirnpli 'JH 11.0(10 .w ' ••I9W (' SpritiK .. Fatoht* . . «u H.OOO 7 iii , .1 U.I., llllUl Kal.' in T.MIO :, .10 Not known .. Aurora .. II H,(K10 4 24 JiuH'n Minnit* .. If. H.iOO 1 3U Miniii and (.'(it Sa|i|)liir<> I'.'l 1.S.00II 11 40 M.ll.itiild .. Wniifrni .. 1.1 2,!>llll i 10 A. Fruiik .. niaik Diamond .. K2 9.500 i 30 [)illn i.'ir Ii9 cnon .'i SO t'ltij and .Mo** .. •■ Prn. lor,.. 70 In.uoii an l)o.l.l and ( u. M.M..M. 71 Ki.'inii :'l J , Liindttrr^ and (.'o. . • , . W. r. Saj«arcl .. 60 H.ciOO .-. SO M.iil and (jorprl .. .. Jnanita .. 10 ll.lHIO .'. i* lloomind ilaiki'tl ,. Aniiio C. Moorr .. n.. 1 .'i.nou n Ildimittiin and Co. *. ■• Tcrraa .. 113 10,0110 ■ill ,, fliii'kaan ■• •• Anil ., «. 'M) n.oiM) [ndniia .. ,. .. .Mountain Cliief *. .. •M 3,000 ill i'aitin wid Cu. . , Wandrnr ir. J.iOO "3 30 Muii, Hrotlirrh Tritmipii ., .. i.'i 3,cMri 3 18 liiiii^ii" .. *. ., l>tilia .. .. ., ■>n '.i.OOO .. 20 l.lill •.■iiii.:,()ii ■-'11 J 375 Mciiioruml^ini. -riHAiKH i,f Uip Amount paiil for Waj^cs, &q,, oI tin- VUlnriu .s mIiii;^ Klict, nml ilic probabU- l!<-tiirtis Dnilwt. Wages of cri'W and huntera, prr Tr»*«I ., .. .. ,. ,, ,, 7,000 In'unnro jirrmiuin on .•< .0(^1 dollars, tl 7 p^'r '<, 1. Apj^fiidi.x -i. JMaration (i/ f'i'rf A. I.iuidbtnj. City 111 Viclciiia. rnivinw! nl' ItritiRli Cohimbm. Iiuniinion ol' Oinailii. !, i'.\I!l. A. LI'XDIil'.llfi, cf til.' ali< tn tha wntvr, ntnl, aflor three ilnys and nii^lil.t hard wink, wi' jjot the iKMich rh-arcd. Kvc ry man wiui onh'tf^d to keep loimt of the initiiliiT of dead seals lie dra^'j,'ed ulT the l«aili, and ttlien till; work Wfta dnmi wo fcmiil that the tutul niimlHr in the | 40 and 4 1 , Oh/t Temple, Htrund, London, My I^)ril, December (i, 1889. Tlil'j roiiiinittpc of the Iiitcrnatioiiiil Arbitrution and I'cace Assnci;»tion have had again lirnii<;lit iiikIit their iiotio- the very iiiisatisfiiclory state of allairs that has Ion;? prevniicd rpgnixliii;; I lie seal lishirius in Ueliriiig'.s Sea niul the adjacent (;i)ust.s. The proccediDgs of the I'liited States' crui/.crs in Keiziiip and sequcsi rating — and, ill some cases, confiscating— llie vessels and cari;()e8 of liritisli subjects eiigni;<'d in fisheries on the open sea, have cau.'roloiiti:ed inilntion ainoni;st uui feiiow-eiti/.ens uf the C'anudian Dominion, as it would appear tiiat those in eoniinanil of Her .Majesty's vessels on the I'aeitic C'oa.st feel themselves, tor some reason, unable to check the iiigh-handi'd proceedings of the United Slates' cruizcis ; while those measures of redress, long since demanded by Iler Majesty'n (jovernment, and ostensibly conceded by the United States' (joveniineiit, do not ap|iear to have ever bei ti carried out, or compensation made to tlic victims of adinit'edly lawless sei/uieg. Our Coniniittee are more free ir addressing your Lordship on this sulijer , inasniueli ns the I riiieijiles of iiiterniitional law involved in tlicse transactions, and the Vi'ilition of established KeLjuhitions atlectin;^ the freedom of the seas, both Reeni so clear, Miat they feel ])ersiiaded that the whole subject has only to be brought afresh to the serious attention (d'tbe United States' Government to insure a settlement of the ({ucstions .it issue and the termination of a I'lave occasion for irritation and complaint on the part cf llcr .Majesty'.s Canadian subjects. In vcnturiii'.; thus to press this international (jiiestioii on the attentiou of Her Majesty's (ioveiiiment, our Cuiiimitteo take leave to refiM- to your Lordship'i despatch of the lOtli Scpteinbcr, l!;B7, in which the whole history oi the case is clearly recapitulateiJ, and till' judicial princi|iles concerned are cogently indicated. Our ('iiininiltec trust that now that public attention has been a;;ain drawn to this caiis<' of proloii;:ed liiclioii, the arguments in the above-named valuable .'^tate paper will be again placid iieliire the authorities of the United States, and feel persuaded that an ainicabli! settlement may now be speedily sought for and attained. \Vc liave, &c. (Signed) W. ^!AKTIN WOOD, F/.-.?.f;/iflirmfln. J. I'UKDK. (^.RICKN, tiecrrUmj. 808^ Sn. •>■>]. Tin Miiiijiils of .'tiations fur ("iMpihsatioii lor losses to British suhjeets arisin;; out of the action of die United Slates' authorilies. I have to leipiest you to inform nie whether you consider that these proposals will luriii-li llie hases of possihle neg "iation. 1 am, &c. (Signed) SALISBURY. No. 252. ./. I'aiiiin-Jiilf Id the Mnrijtii.i of Salisbury. — {lieceivnl hij telrijrnpli, December 10.) ,\lv I, (Vasliinijlou, Decemher 12, ISSO. IM.MKDl.A'lT.l.^ on the receipt of your I.,or time for scaU ib ehiinii's Sea. As at present advised. Lord Knutsford is disposed to think that the conditions (6). (''^1 Ul), upon whieli the Uominion (jovernment are williiij; to enter upon the nef,'()tiMtions, may ho acceded to; and his [^ordsiiip trusts that the point referred to in [n. may prove rapaliij of arranurenient. I am to take this opportunity of transmit tin}; to you, for Lord Salisbury's inforiiiatinu, copies of the despatch and tlie tdcjirani to which this niessaf^c replies. I am, &c. (Signed) JOHN HRAMSTON. IncloRurc 1 in No. 2.5,3. Lord Knutsford to Lord Sliinleii of Preston. My Lord, Downinij Street, Xovemher 2i\ 188!). ill^ll Majc.'ty's Government itave been informed (hat a proposal to renew at NVashiii;'- ton the diploini'tic ncu;otiation commenced last year between liie Uoverninents of tli( United Slates. (Jreat Hiitain, and llussia, with a vie.v to prevent tlie exterminiitimi ofsciil- ill Ik'hring's Sea by their wliolesale destruction duiini; the breeding season, would be accT|ii- able to the Goveriimciil of tiie I'nited States. Ill eomiiieiieini,' neu^otiation it would be desirable to dbfaiii, in the first place, a;i adn^i^^.-il)ll from the United States' (iovernmeiit that they have no ri5;ht to claim tli( Behiiiiir's Sea as a ninrr claiit^iiw, and thus admission will of course remove a serious inipcdi- nieiit which had embarrassed the discussion of the various questions at issue. Anotlicr point to be kept in view, would be the consent of the United States' Government to pvc such direetioiis as may be necessary for the prevention of any further seizures of ('anadiai vessels in the Heliring's Sea, tlioirjh it may be observed that the ncirotiations ou^lit to In satisfactorilv concluded before A])ril. until which month tiicre would be no ipustion oi furtiuT seizures. Wit! id to the compensation payable on iieeoiint of past seizure^, tlieie is icaso; to bilieve tliat the United States' Government would jiropcise that tlii> suiijeet shoiilil lorii! a part of tiie !:jt'iKr.d nciiotiations. I think I am ri;xht in eoncludin;.; that the Dominion {government is now prepaicil t concur in any reasonable arraniiement for the establishment of a close season in Helirin;_''> Sea, and F fheicfore anticipate that your advisers will a'j;ree with Her Majesty's Govcrc- nieiit in IbinluMi; it expedient to commence the siii:i;isfed negotiation at an early date, llcr Majesty's Alinister being assisted during the negotiation by an otiiccr or olliccrs of tld Caiiailian Govcniinent. You will understand that the conclusions whicii may be arrived at bv the I'cprr.-cii- tativ(-s of the lluve Powers would be reported to their respective Gnvernin'.'nts for coiisi- deniti'iii, and would nut be binding upon the subjects of any I'ower which bai ni''- accepted tbeiii. I have explained to the lli',di ('ommissicnier tor Canada the u'eneral nature oi tli> projiosal, and 1 shall be glad to learn by teleirraph that your Ministers a|:ree with ili-'r Majesty's Govcniinent that llcr Majesty's .Minister should be instructed to proi'On lo not ruriiiih i JNCRFOTK HIAMSTON. no7 lorinally lo tlie United Stntrs' Ooverntnent tho resumption of tlie tripartite npfrotintioii at \Vasliini,'t()ii in tliu event of his iccciviii!: sntisfnctory assurniices from Mr. Ulaiiie on tlie -iibji'cl of till- conipenHOtion tlainied for llritisli niibject», and the cessatioii of seizures. I have, Ao. (Signed) KNirr.'^FORD. hielosnre i in No. 'J.'!.!. I.onl Kmi/sfnril to Lord Stnnlei/ of Prcslnn, (Tt'lii.'rapliii'.'l Dorrnliig Slrfrl, Dcii-mhcT .'i, I'^'tO. IIOI'I", tliat Colonial Government ajrree to proposal iiuiieatcl in my ileispateli of "JHrd Ncivciiiln'r on the seal fislicry (piestion. Her Majesty's Ciovernment anxious for reply by ti'li'sm|)l) as soon as [lossililc. Inclosuro S in No. 2r>3. Lmd t." 1 have, &c. (Signed) STANLKV OF I'HKSTOX. No. 2:a. h'oni(jn Ofjivc lo liilirtiiidniiul Arh:lriil)hii niiil I'cnrc Asuoritition. I^nitli'iiifii, I'orcig)! OJfiri', Di'cembrr 11, 188!t. 1 A.\l directed by the Maiquis of Salisbury to acknowledge the receipt of your letter ufthetitli instant, in which, on buhalf of the Committee of the international Arbitration and Peace Association, you call attention to the (picstion of the seal fisheries in Hehring's !*('a. 1 am to state, in reply, for the infornifition of your Comtnittcc, that this matter is receiving the earnest attention of Her Majesty's Government. I am, &c. (Signed) P. CUHKIl-:. 368 No. 2J5. Colonial Office t Forriijn OJfirf. — (lierein-il Deremhi-r 12.) Sir, D'^unimj SIrrrt, Drcfmhei \2, 188!). >VirEl relcreiup to the letter from this I)e|mrtincnt of the '24th October, nlulingto tiie seizure, l)v the United Stales' authorities in Bciiring's Sen, of the British srhooncn "Juanita" and " I'alhtindcr," 1 iini directed by Lord Kniitsford to transmit to you, to be laid before the Marquis of Salisiiury, for such action us his Ixirdship may tiiink pruper, copies of two despatches from tiie Deputy Governor of Canada, forwardiuK- t\wm for coni))cnh Columbia, part owners and business maiiai,'crs, ai:.i by Mr. Charles li. (Clarke, part owner and master of the vessel in (picstioii ; and iif recommends tlint this claim b-; forwarded through the jiroper channel to 1 Icr .M.ijt'sty'- Government, for transmission to the (iovcrnment of the United States. The CouniiiUt.e advise that your Hxcellency be moved to forward copies In reof to tlie Rijjht Honourable the S.-crctary of State for the Colonies for tr.msmisK! :. to the (Joverr- ineiit of the United Slates, as recommended by the Minister of Marine and Fisheries. All which is respectfully submitted for vour I'lxcelleney's ajjproval. (Signed) JOHN J. McGEE, Clerk, Privy Council. HIIAMSTON. J. lUTCHIE. his Kxrrlleney tkl mo IiicloNurc :< in No. '2j!i. Affiilmil i,f Chnrhn E. fliirke. Citv (if Vic'lnrin, I'roviiirp of Hrili«li ( oliiinlii.i, Doiiiiiiioi) of CaiMiia. I, v'llAHI-KS I",. CLAKKi:, «>l llii- liiv of Victoria, in the IVoviiiui- of lirilisli Ciiliiniliiii, Doiiiiiiion of Ciiiiiiilu, iiiii'«tcr iiiariiicr, dn ^^dlciiinly und sinccii-ly dcclure us fiilldws: — 1. I nm IIk' fiiily r('!;ist(M('(l nwiicr of sixteen sixly-fmiitlis of tlic lliilisli vessel ".liiiiiiilfi.' SI li()oii('i-riu'i:ii' North I'.ieifin Onaii iiiid liihiiirj's Se.i. On the said vo\a;;e I w.is thii>ter ol si'i'i vessel, and had li Miiliii'^ ( rew ol' I'oiir nu II. 'I'lie •' .liiaiii'a " -aili d fnun llif port of V ' ria on lite '•tli May III"!, anil was ei|iii|i|>rd and |i|iivi^ioiieil lor a lull mm^-'ihV voyage and iiipposes above nitiitioiud. '■\. On tile west coast ol Vancouver Island i t >ok on board fourteen Iiuli.in liuiitcrs, ami til' ' 'ailed northward. 4. (Jn the 'Jnd day of diily hist the ".Inaiiita" ei icred l!cliring'8 Sua tlirougli tlie Oiiiiiiiiiik I'ass. ,'i. Iviily in the inornini; of the I^lst .)iilv last the United Stales' i^cvenne cntfer " Uiilianl l!ii-h " steained n|i to the "Jiiaiiita" and ileniaiided that I heave uiv vessel to. I liiil Ml, iiihI whs .it onee hoanh d hy three oliiei rs t.oni the " Kiish. ' The ollieer in eliari;e ;id\> il nil if I li.id any si aUI\in> on hoard, ami a^Ked me if I h.iil lalleaniir "liiehaid Unsli," who also in.-.triieted me to proceed Id Sitka, in the tenitory ol Ala-k.i, and to deliver a seali'd letter, which 1k' then iiandLiI iiif til till' linilcd States'" District Aftorney ot tliat place. s. lieiiii; unable to continue tcalin^ and nuntin.i:, I sailed out ol Uehrinj^'s Sea, and urriviil at S'uloria aforesaid on the \W\.\\ day of Ausiust last. '.). On my arrival at Vietoiia I hiinded (h'j naid sealed letter to the Collector of Cusloiiis. lO. Had the "Juanlta" not been seized, and her hmitmi,' inipiciiients taken away, I verily lulieve that the said ".Jn;inita" wnull li;i\e made a total c.iteii in lichrin^'s i^ea tile lull sens.in of ;SS!) of not less than I.MMI seal-kins. Dei hue I at the city of N'ietoiia, Hritisli ( oiiimhia, by the suiil ("hailvs V.. ('larke, the lath ilav of October, a.'d. 18811. (Signed) ClIAlll.KS I",. CLAHKI':. licfore me, (Si,i;iu(l) AuTiifii Lot IS 15i;i,VK.\, .1 Suluni Puhlir hi/ limjiil (uttkuiitij in niiil ((.r the Province of Urilish Columbia, nxidiny iin\\\\>- papers, based u|iom the value of the skins aelu dly taken, and lor 1,17^ skins, the halaint' of an estimated catch of 1,H00 sealskins by the said schooner i'or full season of isiiDiii Bebriny's Sea ; also for the value of the said .>pcais, and lor the cost of obtaining a iu'« set of ship's ])apers from the (iovernment of ( unada, an(l for legal and other c.\[icn'-"s hi connection with the pre|)aratioii and submission of this claim. ',1. '1 hat hcicto annexed, marked " 15," is a statement in detail of siuh claim. 10. 'I'liat upon the sailing of the said schooiier in May la.sl, advances were niadc to the hunters b.ised upon a lull season's catch, and sai 1 hunters will, n|)ou [)ayincnt ef such claim, be entitled to and will receive their share thereof. .171 Aiui 1, Hicliaril I lull, iimke this ssok'tnri dfciaralioii, iMuscienliiiusly believinjj the •■M]K Id l)f true, and by virtiK! of the Act rcsjioctinn l^xtra-.liulicial Oaths. Declared hy the said Ricliard lldl at tiic city ol \ ictoria, British Culunibia, the jltli (lav of October, a.d. l^f^O. (SiaiK'd) KICIIAHI) HALL. 13 c fore me, (Signed) A. L. ni;t,vi:A, J yiiliiru I'lilillr III) liriiiul (iiilhorilii in mid td' Hi'' Picir'iiicf nf liritkli ('iiliiiiihld, rcsidiiiij mid jiiiiiilsiiii/ iil I'lclnrln (if'iri'siiid. Iiiclo-uic '! ill Ni on of Cliailcs n-' and hiintini: (15.) |)i;i.ui.i;i) .Statement of Claim by Owners of 15riii-ii Schooner '■.liKinila" n^'ainst the (iovernment of the United States of Americ.i. t'2n scuUkiiis taken frciMi '•.Jiiiiiiila' in lieliiini;'!. Siu liy rnitcil States' stf.'juiior ** Ivii'liitrd Uiisli," at M (lol!nrs [ler tskin 1,17s sciil-kies, liiiliinee of lui estiiniitorl niteli of 1,S(K) seiilskiiis liy tin- '•.Iimnit.'i" for the full sensoii of ISH!' in Iieliiiiii,'V Sen. at S ijollars per skin .. ., .. .. .. 12 sj'ears, at ;! (It.Uars Cost ufohtaiTiie;; new siiij.'s |):'.pei> Leiial ntul other expense^ ineiduital ti' the ^eiziirp ,, I)"N. e. ■i.!K)o on (1,121 no .■io no ■.'.'i 00 •J'jO 00 Total M,t3'.)5 00 RiriJAllD MALL. (Signed) Tiiis is the exhibit (B) rcCerred to in the declaralioii of Richard Flail hereto annexed, nia'ie buloic me the Nth day of Oclolnr, IHst'J. (Signed) A. L. Bi;LYi';.\, Xnlmi/ Piihlir. Inclosiire 7 in No. 2o5. Depulij GoiPiiior liifrlilr to Lord h'liiilKf'ord. -My Lord,^ Ottmin, Sin-nnhrr 1.5, 188!). WITH reference to my deapateh of the 'j:!rd Sipleniher last, relatin'; to the seizure in Ikbrinff's Setx of the Uritish schooner '■ r'atlitinder " by the United Slates' Rcveiuie cutter " Hush," I have the honour to forward iiercwith a co|)y of an apitrovcd .Minute of the Privy ('nniicii siijjniittin;,' the claim to coni|)eiisation of the inanajiing owner "t that vessel for tlie loss .Mistaincd hy rea.^on of her seizure hv the United States' luitliiirities. I have, &c. (Si-ncd) W. J. RnCIIIE. Inrlo.vjre S in No. 25."i. Urjiiiil iif n Ciimiiiillpc of the Hnnournhlf the I'rin/ CoiinriK niijirovcd hi/ 'ii'v li.rrcllpiini the (Iriveninr-Gtiifiil in f.'::iih,',l(iii thr '3lh Surruiihi'i; \l^>^\). ()\ :, Report dated the .Oth November, 1 sh<). from the Minister of .Marine and li.^lK•ries, std)iiilting in connection with the sei/uie in Mebring's Sea of tlie liritish ■-clioiiiier " I'athtinder," the circumstances atlendin^' whiLh were detailed in a .Minute of 'iiiiiKii dated the lltii September, 18S<}. formal statement and claim to compensation for loss iiuiiia.d hy reasun of the seizure of the vessel and the traiister of her carp) to the Lnileil Slates" Revenue entter '• Richard Rush," as well as tiie estimated i)alance of seal- skin,., to complete the vessel's catch, had she not been inlerfered with in tiic le;;itimate pursuit of her calling, aiiU'rcgating 2(1. TCP dollars. 372 Tlu' Miiiiftcr ohseivcs lliiit the cli.iin is adviinct'd Ity Mr. Williatn Miins'c, of tlip firm of t ..ne and Muiisic, of \'irti)rin, iii!iMau:in;,' owner ot tlie vcssi'l in (jiicslion, ami lie recoil imiids I hat this c'aim be (oiwardcd llirouiili the |ir()|]er ciiannel t(' Her .Majisty's (Joveiiinu lit Inr tian-nii^ision to Ihe (I'oviiiiiiieiil of tlie I'niled Slates. 'I'lic Con iiiiltee advice tliiit join IvNeelleiiy le iiuived to li.rwani copies Ik reof'ti) the Rijilit 1 loiiniuaiile tlie ScMitaiy ol Slate Inr llie Colmiies, (or tiaii--nii<>ion to the (iiivLTii- llit'lit of tlie I iiildi Slates, as rceoiiiiiieiulcil by the .Ministir ol Marine and l'i>lieiies. All "hieli is lespeeirullv suliinilted lor voiir Kxcclleiicv's npiu-ovaj. (Si.mud) ■ .lolJ.N J. .McC.KI-:. Cirri:, i'lini l^ohtiril. Inelosure 'J in \o. L'.'i'i. Affiiiaiit of U'lllifiiii Mi'ii.sir. Cilv of \'ictoiia, Province of iirilisli f'ohiinhi 1): oininion of Canada. Df Victr mvself. I. Wlf.M.AM :\lUNSIi:,()f ti.ecitv ictoria. ill the I'lovinoe of |{riti>h Cohiiiilna 311 (if (' niiada, mere limit. lo >oU mm am 1 sincer' Iv dccl.n'e as lollnw-; — I. 1 ■iiil'ei- of the (inn of ( ' d .Ml mercliant, of the mid cilv ot the said firm heiiv.;' compose d of I'rcdciic Came, .liininr, ol the same pfiee mid 2. 1 ; IVcdeiie ( ' .lunii'T, is the rci.'i>tcred ownir of sixteen shares of llif her einafter iiu nlic iicd schoi 1' ilhlmder, )f Ihe Port of Metoria ; 1 am the rei;i^t('^r(l owner of sixteen shiires of the said schooner, and the said linn are registered owners ol liii' rciiii iiiip!,' thirty-two shares. I am tlic inaniit,in!j: oAiier of the said ^ch<)oncr. ;? Tlie said schooner I'athli ni'er " cleared at ihe C'listom-lioiisc, \ i(loiia, alorc-iiiil, on the 17lli dav of A pi 11, ,\.n. \>^-<'J, for a liiiiiti am Oc IVh ■4. On tin 1 sealinji voyajje in the North I' iclic md sailed on the l^lh dav of .\|)iil, a.d. 18^0. lid Will lam The crew coiiM-ted of O'l.ivrv "as m,i-ti r, and Andrew David-on was iiut^ 1 cook, tuclve scniieu, and live linnter- .O On the •J^th Jnlv last I received from the s.iid " I'athlinder " hv tin *M\'anderer " liiim the north, .'i.'iS sealskins which had lieen can, in the Pacilic Ocean on Inr wav noithwnrd to lk'hrin;;'s Sea. dil hv the " I'.itl-tiinkr" (i. On the ."iOlh Amrnst last tin- said " i'athlinder " rehiriled to I'Uina alorcsaii, linvin:^ on hoard an ollieer rioni the Cnited Stale! stenii ler " Hiehard liiisli." Captain O'i cary reported to me that on the 2!tth dav of .Inly !aea uii;il the close of Ihe season she would have caimlit not lesii than li.lO I se.ilskii have this on information ijiven me hv the said Captain O'Leary and by Captain IVili cr, 111 the schooner \ also owned hv us an md manai'ed bv mvself, who was in the 15. Sea the whole season of 1 >M*. The huiuini; cipiipnieiit ol the said two schooners ivu^ nhoiit ecpail. A tew (lavs before the" Palhlinder'' was seized iiH aforesaid, slie was spoken hy tlie " \iva." At that time the " Patiilinder" had -llit sealskins on hoard, and the " Vna" 420. 'J"he " Viva " can-ht in the full season in Uelihiig's Sea '.',1&2 seulskins, and for tin year a total of 3 041 skins. 8. In the year 1888, und lliis year 1880, the said firm of Carne and Munsie shi|i|if!l their sealskins to London on their own account, and hereto annexed, marked (15), is a copy of the account sales of part (>(' the catch of the " Piitiifinder " for the ye.ir 18SS ; ami liereto aime.xc'l, marked (C), is a ropy of the account-sales of the snid " Palhtiiulcr's catch of seals in Ihe spiing of 1>?81), before noiii^; north. The sealskins per ''r*l aecouM Riles (1888) netted the snid firm at \ictoria, Hrilish Columbia, about 12 dol. 2'> c. per Hkin, aud, [ter llie second account sales, they netted the said firm about lU dol. viUc. |«' 37a skin at Vicloriii, Hritisli Columbia. The cutcli of 1^8',) wns » spriiif; catcli, wliicli always contains a laif^ci- pcrccntatje of small skins tliiiii the summer ami full catches, and hence realize less per skin on an even maikd. 0. 1, fill' myself, the said Kiederic Came, >Iunioi', and for the said tirin of Carnc and iMuiisie, cliiiin danniifcs atraiiist the (jovernment of the United States ot America for the seizure ol the said " I'alhtinder,'' and Ici the taking mii! dttenlion of the s-aid 8j4 seal- >ler account-sales (IJ), jurelo anneved, namely, \2 dol. '_'.') e. per skin net, at Victoria, British Cohnnbia. I'.'. Tiiat I have paid in lull the ciew and hunteis of the " I'aihlinder " fur tiie season of ]^S!), including' the sums due to them in respect of the ^."> !■ .sealskins .seized as afuri'sai('. And I, William .Munsie, make this solemn di clarat ion, conscientiously believing llie .same to be true, and by virtue ot the .\ct respecting' Kxtia-.ludieial Oaths. ^ Deelartd by the said William .Munsie, at \ictoiia, the IStii day ot' Oi lobcr, a.D. 18H!), Iic'fore nie. (Si-ncd) WILLIAM .MUNSfliv. (Siiined) AiiTiiiu L. ni;i.Yi;A, A A'n/ioi/ I'lililir ill litii/iil iiiilliorih/ in nnd for llw Prnrincf of liriliKh (rjliiiiil.iii, i'cs-iilii:ij (iikI pniilisiiii/ iit I'lrlnriii, lliitlsli Cuhuiibia. Inclosurc 10 in No. 'luo. (A.) Si'ATfiMi NT of claim by owners [of scluioner " I'atiifindcr " njrninst the (Jovernment of the United States «l "America,' ler seizure in Hebiii);ys Sea on the L'Dlh .Inly, \bH\i. H.')l Mal-kiiis («iii il), t,'JIG hKiii-. Ijul^incc ol r-tiiiiiitid caltli tn " I'.illiliuiK i" lir lull Rason 18ii'.» in iH'liriii);^ .Sim, V!,lli() i.liiis, III I'.!.|.i|. 2j n, .;ifll s I-11..1.H111I-., nt J.') (l.jl^iis uicli 4 riHtt<, at 'J'l fl<'ii,ii*t cicti (i I (IXl'H llllllllllllltlllll. ill MIV ^ait . . . . ; . ('i>*t III r'hlnit'itiu iirw ^lll|t'K | api'iB .. ■.'.i,7'J.'i no 1 U) (10 Ion 00 ■JUO 00 •-'.i 00 2.> no I.I gal mill iilliir ^ \\ ciki » an-iii;; tut of, anil li.piilciitnl to, f ueli 81 iiure . . 'IM 00 'I'olal . . . . . . . . . . . , 'JlJ,7U5 00 All! iiilinsl tlirriun nt 7 prr iint. |HT nniinin until |iiiiil. (.Signer W1LLL\.M .MUNSIE. 1 his is the Statement of claim referred to in the decl.ir.ition of William Munsie, as marked (A), liereunto annexed, and made the Ihth day of October, 1881). Ik'fore me, (Signed) A. L. nKLYE.\, Is'ulnri) Public. Unifpil Sliilflx' Revenue Sleniner " Rush," Lit. d'^ 24' N., Sir, Loiiij. 171 5,V W.. Ih'hriut/s »«, ./x/:/ l".), 188!). You are licn-by appointed a >|)eciiil otticer. ami arc directed to proceed Dii l)Oiir(l tiie scliooiier " I'iitlitiiidcr," of Victoria, Hritisli Coliiinbin, this day seized lor violation of section 1!)')(), iU'vjscd Statutes of the United States, and assume charge of said vessel, her oHicers, and crew, twenty wliitc men all told. ExeeptioL: the navijration of the vessel, which is reserved to Ca])tain O'Lcnry, ami which you will imf intcrti'ic witii, unless you become convinced he is proceedini; to sonic other port tiian vouv port ot' doiination, in which event you are authoiiy.ed to assume full charsre of tile vessid. llvcrythinir l)('iri',' in readiness, you will direct ('a|)tain O'Leiirytd make \\w. hest of his way to Sitka, Alaska, and upon arrival at that port you will report in person to the United States' Di-tiiet Attorney lor tin' District ot Alaska, and deliver to iiim the letter so addressed, tiie schooner, her outfit, and the persons of Captain O'lxary, Mate, A. Davidson, and set the crew at lilicrty. Alter heinj,' relieved of the property niiii persons entrusted to your care, you «ill await at Sitka the arrival ol'the " Rush." Respect fullv, (Sit,Mied) L. C. SIIEPAIiD, CnpUiin, Umled Slnt'^s Revenue Murine, T. W. Hunter. Special Ofiiccr. WILLIAM MUNSIi; London, July 14, 1889. (Prnmiil, Juh) 18, 1889.) Ac.ounI fSnles. Sold by order and for account of Messrs. Came and Munsic, a. ]>. sale. Per " Pathfinder." ('. aii'l M. 1'. 6 and p. II ca>ka nnlUil I'ur-snil skiiin. Lot. 10. C7 smalt fiir—ial fkiii!", at .OOj. encli 11. 101 larp' i)U|is clillo, at 53s. cacli 12. 7^ iniildlini; ili'to. at .O^*. carli .. 13. !I7 small (iiitii, at >t,«. lacii M. ;l.') " IX " ilitli). at 'JT.!. racli 15. ■\ iniildlint; ditto, at lU.f. i-flch '1 Mnall dittii, at 3l.t. cacli .. 380 Discount Ji por i Jutir 2\ — I,aii. Sliuwin^ fnr publir salt', loltiiii;, Sic. Alluwaiirc, '.'() |k r icnl. on XJ Mv 1./. .\sBiirtinn fur salo, 'Mi), at .'ix. Q>^alc rliargi .•«, advi'rti'in^'. kr., II lots, at ;l.i. ihl. Fire insuruiKV, | per cent. .. .. ., Ci)niinission, "J^ per cent. £ s. H. Hw 10 . , L'CiT 13 1 '.V> H , , 'J 13 H () •• 17 (1 3 •1 2 s'.)7 10 • ' -'J 8 1) s7.'"> 1 ;• 1 3 1) a 7 1 a 8 7 M 1 10 n 1 11 .1 3 17 1 10 H :; I'l 5 HI 1 1 10 ■-' 1 n 22 K n — 30 11 (Signed) CULVHRWRLL, HilOOKS, ,vm. VVIF.LIAM MUNSli:. Tliis is tlio oxiiibit niiirkcd " C " rcfcned to in the declaration of William Munsic, iiiiKJo lietbiT nic tliu IHtli day of Octolior, IHsy. (Sigiitd) A. L. Bi;i,vr,A, Notari/ Public. i i. kin«, at 'lyj. ciicli .. 110 liiijic i.upi ililtii. al .IS.v. i-ach ,. 107 iiiiilillint; ilittii, at :jK». ca'^li •V.i siitnll (liltu, at ■'Jlj. racli !l "ex." (l.ttn, at 'J7s. cacli 2 i»i!llii). at S2.S'. rnc'h ill sin.ill ditto, at I'St. each ,. ., . r,r<:, Discount 2^ pec t-i'iit. \orem/igr 1 — I.aiiilinn eliaiKOs. U'linranis, J^c. .. .. Ilou-iii^; ami Klnkiiif;, 'iti.'), at lis. '.)(/. per loo I'iliii',' a«a\ ti> sixtir. 'iH'i. at l,v. 10^/. per 100 W.li;li n^: iiir avfnii:c', \-W. at 'Jj. M per 10(1 ("rsHini: tor a^soitmciit, 5G5, at 2.v. fi(/. ]ivv 120 t'ouiilliij; at (li livtMV, .005, at l.v. :',(/. iicr 100 Uciit 111! ')('•"), At ti p. 120 p. wk., ■) wk«. ShoAvitij lor pulilic >aK', lottiii;;. iic. Allowaiicc, 20 per ccnl. on t'l l.v. llW. Assorliri;; tor f.al<', .OOo. at 'a. 2.','/, ])tr 100.. Piililic sail' charm'*, ailvi'i ti-tiiiv', S.C., '.) lots, at .'!,». ('«/. VuY in<*ur.iii''i> . , • • . • •• t'uinnii-sioii, .•■. pir rent. . . ,. ,. Ikmnhrr i, 188f». (Signed) t J. il. ;)! 17 .11!) :1H) c 1 r,o 3 12 3 2 11 210 12 217 C IS) 12 Oil lli l,.0O'j 12 37 12 10 1,407 la f i. ,/. 17 1 1 2 10 ;f it 11 y .•) II 11 il ll> II 4 18 10 (I 111 1 4 2 II 1 II 4 1 11 f. 1 17 8 84 II 8 I,:i83 12 fi VVILLIA.M iVIUNSlK. Ti ■ ■ the oxhiiiit marked " B" referred to in tlie deelaration of William .Munsie. nunUi litioii mc tile Hlh day of Octoher, 188!». (iSigiK'd) A. L. lii:LYi:.\, A'o/h/i/ Public. Messrs. Ciirne mid Mim.'^ie, We have ihii diiy sold for yoin' iiccoiiiit at [niblic auction tlic undermentioned iri 111 (iiiitiiriiiitv with the sal;; eonditloiis. I'liiiiilil, the Uh Deeemlier, I8!S8. Diseouiit, '2\ per eent. l/.i. I. i:\ "Pat blinder." r. 10 iiisks. lil small sailed liir-scal skins, at I 10 larui' pups ditto HIT niid'iliii^ ilitto. . .'lil sm.dl dilto !' c.\ small ditto . . ,, 2 niidtlliii'„' 81 lar.:i' pups dilto 82 ditl'i. ilitio 71 Mii. Idling; ilitto .. 2:1 small dilto 2 ditto, ditto .. ,. 41'.-. c;icli t')N.v. oS.v. 'J7,s. '_»7i. u_'.^. ^, •'>'2g. ,, 4;u. 4•^s. 376 Ex "Viva." V. 32 ctska. Lot. 10. 3 wl(;« Air-^^i'iil skiiii, iit 10 iiiiMlini; (liitii.. 11. 4 7 small ditto 12.13. 2110 Inriie |m|)« ilitlo 14,17. 372 rlitln. liitld 18,21. 4110 midilliii'.'ilillo.. 22. 23. 200 (liltii. ditto 24. 05 ditto, ditto 25. 28. 401) stimll ditto 29. 100 ditto, dill" 30. 5') diito. ditto ;il. 119 i<\ MiiiU ditto . . ;)2. ,')'.l lai-u'c ilitto 33. 2li niidillin^' ilitto 31. 10 siiiall ditto 35. ICuny ilitto 47, St. M(ini .-in: Total. r,.5S0/. 12.». 4i/. 70t. each. 70.. „ fi8>. „ 55,. „ 50.,. „ 5I». ., 55«. „ 50». „ 46». „ 47i. „ 4fi». „ 32j. „ 49j. „ 4U. „ 3-'.. „ 15i. „ (Sitincd) CULVRRWl'LL, BROOKS, and Co. Crr.vERWicr.T., IJkojks!. .\m) Co. 27, St. May;/ .Up, London, February 2, 1889. liesult of Stiles of Suited Fiir-Sral ,'t.dili»lii'd at the Novciiilxr auctions. 'I'hi' !-kin.'< were cliiedv piirciiased liy the h^nL'lish, Fii'iitli, and American buyers. 'Jhere is every indication of prices bcino maintained. PmcEs. Jliddliiigs and .stnnll .Smalls I.iifj^i' piip-* . . Midiiliri; ditto SlMllll diilo . , Iv\ Mn;iil ditto V.\. 1 X. .-n..ill ditto Norili- west 1. I.ol o< I'laiid^. s. >. *. f. ;((> t( 40 'J 9 40 ■2 1 to 1 1 ;u) •JU 311 li'i 55 27 33 .)•> 41 19 2ii 19 !5 1.8 ■21 10 21 With C'ulvcrwoll, Mrooks, and C'o.'s coiiipllnients. Messrs. C'arne and Munsie. CuLVEinviM,, RnOdKR, AXU Co. -7, St. .Mury Are, London, Novcmlxr 'J, ISSS. Special Risidt of Snles of Salted Fur-Seal Skins, Xoimber !), 1888. oftVrt'd and sold. 100.000 AInslia .. O.rOJ Noith-«r-t Const 13,333 I,ol,u» Maml .. ) There was a hirj,'e nttendnnce of biiyer.s at these sales, und throuohout acii« competition prevailed, and on all classes an important advance was estahlished. lo '''' Alabka collection the smaller sizes realised relatively tJie highest prites. We quote 377 middliiiirs, siniills, nini laiirc |nij)'i, 2^ percent, to L'O percent, deuror, ;\ii(l iiiiddliiiL'^; and smalls, niiddliii'.: pii|)<, snia.l pnp^, and cxIim small pups, 4'! pir cent, t'l Is p;'r cent, iiiirhcr. Tiie f),(lO-5 North-iMst Coast coniaincd one tine parcel whieli re di/.e 1 extreme riitc.-, and on other panels an average advance n(' '.iO per cent, to -"lO per cent was cstalilislicd. 'I'lie |.'),-io.'l i-()l)u-. Islands skins eontained one i^ood parcel of 2 UO(J sUins, which realized 4(t per cent lii<;iier r.ites. 'i'tie other assortments were not of a deslialile (k'scriplion, lint '20 per cent, niulier r.itcs were paid. The tew Alaska skins dressed ir their natural state hy .i well-known l",iiL;li-.h linn, sold as follows : — Middhn-s and smail>, l-'iOv. each; small, lia,« , llO.s. ; lar-e pups, !)lv., !) I.s. ; iiiiddlinic pujis, 7S\. ; small pups, liCi.v., iJT.v. ; e\tra small pups, oiSs. imcIi. 'riie>e prices iiicliule the cost of dressin;;. Pkk ics. Mi>Mliii^~ iiTiil n;iiill< Miiiallii-" .. SiiutUs Mi.l.mliL' .lin.i SiiiiiU liitti) t:x. si:i:ill .litld V.\. ex. '*m.ill liiiU) , . Ciicv ili'to, . .\i:,Aa. .\iill'l-«C»l !:S III (is to imi ■M H.S 2S fiS llli :;!) •12 '.•'.; •JG .')!> Ml ■>\ ■l-J U(l 111 ,jll tlL' It , , 11 I.^.iHH I-l in s. .<. (/. *. uildinirs, l)oui,'la- ."^trect. X'ietoiia, Hrilish C'lilmnhia. No, 2j(}. ('uhiniiil Otfirr til l''iri'tijv Offirr. — {Ileclrril Drccmlicr l.'i.) Sir, DniniiiKj :uie in No. 'J.'jG, Lnnl Kuitlsfdid In [.mil Slmilni of I'vsloii. (Tek'i;riiphie.) Dmniiiiij Slrn-t. Ihr'iiilii'i 11, 1^8!), f.M. IN I'eply lo your teleijrani e! (ith instant. Sir J. i'auiicelote tidctrr-'phs : Mr. lU.iine says that his (imei luiient have nevei- ■I'strleil iiiiiir rliiiisiiiii doctrine, aail will make no ilisclainu'i-, lint that the question will IK' di .piisfil of hy inlcrnatidiial a;;rcement lir close tinu". Ij'aitcd States' (loveriinien; do not aitree to Canadian re|iivs'ntati(in in iiei^oliation i!S to dose time. l'rinTC(liii','s would not he in the form of a ('onimission, lint a Diplii- niatic ('(inietencc. lirilish .Minister would he advised iiy Canailiaii .Assistant; and as 1' iiicliMims would not he liiniiiiiL; \inles.s accejited hy (iovernmeids, it would seem uiiiieee-sary to press for direct rcpresentatinii of Canada. Uussia would not intervene in iii'irntiiitions ,ns to compensation to British snhjccts. [12S1 a c 378 No. 'jr>7. Ciilnii'ml Offiir In I'lirfii/ii O/fici'. — {lirifireil Dirrmlirr N.) Sir, Dniniiiii/ Slrnl. Di'iimlur 11, l^'SJI, Wrril f rtciiiiii' Id tlji' letter tVoiii this |)e|i!ntlii('lil nl the K5tli liistiiiit, iiiclosin;; copy ol'u ti'Ifjiniiii wliieli liiid iieeii iiddii'ssied to the IJcivcriio'-CJelieriil (iCCiiiiadii. irliitiii; to tiie proposed iicj.Mitiiitii)lis at \V;iHhinuloii on t'le sidjjeet ot' tlic otabli.-liiiieilt of a close lime lor .'■('ids ill liie liehriiifr's Se;i, I am dirccte 1 l)y I,ornre in No. l.'.')7. Lnnl S/iifilfi/ nt I'nsldii In l.niil KiiiiIsJihiI. (Teleiiiapiiic.) (Riciin-il Ihc-wl,,,- 14, l.S,-()liitioiis pas-ied at iiuetinu- nl (Oiineil yestiMiiay : - Miirr rliiiistiiit (ioetrine ha> hecii asseiti-d hv United States ol Aineiira, hy instriRtiu!; its ollieers to seize vessels in mid-oeean, hy sitting: up that doetiini- in liu' Courts, li\ ohtaiii iir eondeinnation oi >liips on that, doctrine, and hy selliiiy: the properly of Canadian- undrr -nth condemnation. Canada expects I'lritisji ( lovcrniiK nl not to eoneh'de ariiiimi'- inent nnkss B: hriiiy's Sea declared in it to he IVei-. She adhere> to opinion that ti^reeincin as to close >eason and preservation ol'seaU shotdd he sulijeet to lur approval as one ol ll.c ])artics chietly int. rested in the (piestion. Aiiricment a-, to close season slioidd he ternnnahle iiy eacli ol the I'arlie.s to tin Trcatv. Canada tails to undeistand oiijeetion of the L'nilod States of America to a ('aiiadian heiiii: direct Kepioent.ttivo ot I ler .Maje.-ty's Government ; but to avoid dtlav. will di'ler without Untlier prolot to ■•ourse decided on l)y I lor .\li'.jcsty's (iovennnciit. No. L'.js. Coldiiltil ()//ifc Id l''iiirli/ii Of/ii r.--(l\ii leave lor liitnre consideration at what time and in what maniur this assurance sliiill b' oiitained. On the second point laised in the tcleirram. Lord i\nutsloHl thinks there can he I'l (pii'stion as to com|)lyinir in some form or other with the desire of I'anada that no riile-i- to a close season shall be liiially ado|)tc(l unless hlio concurs in them. As the iie|,'()tiiilioii> I W.t \\-|>r>ll ftiM W i.Itl I ik:/iMl .It I fi ■,.■ . .t t l>.> *l....i.. !><..•■. m.. t.' 1 I I Itii •■ / 1 i i . t . i 111 -if 11 . i I i c . • > I .;.;l I II I (1/7 lo a Close season siiaii oe nuauy a(io|)ic(l unless hlio concurs m iiiem. .xs me neiiooiiM bctwien the Kipiescntatives ot the three i'owers will he a diplomatic discussion ff;/Vrr/if/»»/, and as (Jri-at lirilain has no s|)ecial interest in the l!ehiinu''« Sea exc pf iHhall'ol the Canadian (isheiv, this couiilrv could have no (d)|ect in assi-ntinu' In _ 1"-^ lall' ol the Canadian (isheiy, this couiilty could hav lonelusions unaijcptahje lo tiie Canadian (jovcrmnent d)|ect in assi-ntinu' In ^H'*' The lelciriani does not state the reason for whielithe Dominion (io\einmcnt prniKi-'' iliat iiiiv line pnity lo llic A'jri'cinciit sliiill have the p(.\vci' of tcrmiimlln ,' if, ami, on t!iii pciillt. it \mII 111' iloiralilc to foiisiilrr tlir text ol' the l{<'<()liMi(ilis (it tlie I'livy Cotllicil will II rii'civi'd ; Uiit l.oril Knutslnid apiiicliciuls th.it, ,is tin; l)i)iiiiiiioii (ioviTiiincnt (■iiiisiduis it ilcMiKm-itntlilc that no close tiiiio is needed Cor tlu; presL-i'vation oC llie seals, // /V);7iom' it li()leril)e(l in Ilic first in-tancr niuy |i()S'ililv, alter trial, lie lound nc-edlessly injurious to the fishery, and should l)e pruetically siii)jirt to revision. As the Dominion (ioverninent withdraws its stipulation I'or the direct representation iiffaiiada in the ncznlialions, it will not he necessary to discu-is this point I'urtlier at the pit -cut time, and I.or.l Kinit^toid eniieliides that >itnultaiifoii;'s Sea. The (iovernor-Cicnei-al of Canada was matle a<'(|>iaiiitcd with the vi<'Ws of tlie I iiited States' (ioverninent, as expressed in that tcleiirinn. and a leplv has hceii received iVnin hiiu to llir InllowiiiL,' effect : — ••'I'he (iuveriiment of ("miada expects tint no arraiiLrcinen' will lie cotu hided with the I aiteii .States hy Her Majesty's. ( iovi'mment in which il is not expresslv declared that the lieliiiie.;^ Sea is tree. "They adiiere lo tiieir view that any ai;reemeiit as lo :i close season and the Kcserviition of seals should he niadn subject to the approval of Canada, as one of the limits whose iiiieresls are primarily involved ; and they consider that each of the parties III the I ri aty should have l he power of terminatiii'j: the elosc season Airreeinent. " I he Dominion (ioveriMiicnl .ire uiiahle to niiderstanil wliv the Inited Stales s'lould ">',''■'. I') ll(.r .Majestv's (ioverninent heimr directly represented by a C.inadian Dele.;ate, ii'.:t. Ill Older lo avoid delay, they are willing,' to deli'r without t'lirther protest to the course 'iwidtd oil by Her iMajesty's (iovernnunt." I am, X'c. (Simied) SAI.lSIiUKY. rimu'iil prill"'-" 'J ;i (' 2 380 No. 2f)l. The Marquis of Snlisburii In Sir J. Pauncrfnte. — {Suhalanrc tclvguiphed.) Sir, Fmnijn ()//ln; PiTfrnhir 17, l««!t. 1 IIAVI'^ to iiitonn ymi that the Secretary nt' State tor the ('olonies lias Imd iiikIlt hife eonsideratioii, in consultation with Sir ('liarles Tuippcr, the vii'ws of the Canmiiiin Goveriiiiieiit. coiniiiimiciited to you in my despatch of this day's date, resjieetinj; tic ])ro|)osed reopeiiiiii,' ot iiej,'otiatioiis with the I'nited States on the Hehrinn's Sea (juestioii, Lord Kiiutslnrd is of o|)inioii that tlio>e viows express with sutiieient conipk^teiuss the concurrence ol' tiie Dominion (loverinnent in the hases wliieh would render sinli negotiations possiiile. They are willinu; to ahandon their former demand that, heliire the ojpcning of lli,' nejiotiations, the I'nited Slates' (iovernment should make a ducluration di-^'-laimin}; any pretension to rei;ard the Behrin^'s Sea as a ntitrr rliiusum. The condition under which Canada is to be consulted hefore tlie tinal aceeptani't' > |' any rules .ns to a close season would appear to |)rcsent no didieidty, inasinuth as the discussions will he ail rrt'en'iie ferminahli' l)y hoth jparties to the Treaty, hut there would seem to he notliiiijj; unreasoiiahic in such a slipulation. Allhoiif^h tiie Canadian demand for a direct representative has been withdrawn, I.oril Knutsford is of opinion that a Coinniission upon whicii Canada, hut not llus>ia, siiouiil \k represented, might consider tiie (luestion of compensation for losses arising out of the action of tiic United States' authorities at the same time as the discussion on the eluw- season ai;reement is hein;^ carried on. Lord Knutsford will inform the Governor-Goneral of Canada, hy telegraph, that Her Majesty's (Jovernment are glad to learn that the Domiaion (iovernment consent lo the reopening of negotiations in the form pro|io.scd ; that the Dominion Government will ho consulted at all stages of the discussion ; and that no agreement as to a close season will be concluded without their a[)proval. Lord Kmitsford will, at the same time, suggest that a Canadian representative should hold himself in readiness to proceed to Washington as soon as you have received your instructions in regard to the negotiations. You are now authorized to make a formal connnunication to the United States' Government in conformity with the instructions contained in this des])ateh. I am, Sic. (Signed) SALISBURY. No. 262. Foreiyn Office In Volc.niiil Office. Sir, Foreiyn Office, December 17, H^S!). IN leply to your letter of the Uitli instant, I am directed hy the Marcpiis of Salisbiiiv to transmit herewith, for the inliiimation of liord Knutslord. a copy ol the instrtictidii* whicli have been addiessed to Her Majesty's Minister at Washington,* directing liini to make a I'orual jiroposal to the (iovernment of the United States for the resunijition ol negotiations on the liehring's Sea (jucstion. 1 am at ihe same time to say that Lord Salisbury concurs in the reply which LuiJ Knutsfoid pioi)cses to return to the telegram from the Governor-General ol Canadn, ^i cojiy of which accompanied your letter of the 14tb instant. ] am, (Signed) c. r, cuuKii:. • No. 261 381 No. '2ir.i. Sir ./. Piniiivrfiile to Ihi: Miiiijuis of Siilliliiin/. — (lii'rrivcti Dfrcinlii'r \S.) ('rili'!.'ia|)lii('.) Wiinhinijtdu, Doremlur 1^, l^SO. I II.W'K ri'ccivc'd ymii' Iclcu'iiiiii (it yi ^tcriliiy. II wiiiild In' iloinililc tliiil |)it)jii)-i'il (•ouiirmnicaticpii ol' ('oloniiil Ollicf to ('aii.i(ia iis tij he I ciiiiM'iit to cIdsc M'ii-iDM ajiiciiiiiMl I <■ (jcli'ircd. 1 iliiiik Ml'. HIiiiiic will amcc tn an arniinriinciit tor a fixed term, mid iif'tpiwards tirinmiililc at will ot cithcf party ; l)iit I am sure lie will not consent to (omniissioii to usscs* (nin|'(ii-ati(iii. I Imvu siif^^psted that we slioiild aitrcc to a liMn|i sum hi't'ort' tlic n('i,'olia- ticiii. IK' is coiisidcrin;; ti.c proposal with the I'rc^idt'r.t of the linited Statu-. .May 1 deter >endiMj,' in a note until your l.nrdsiiip has received my private letter, ami until .Mr. Ulaine's answer reaches me r No. :J(i4. 1 III' Miirijiil.s itf Siilisliiin/ III Sir ./. I'liiiiinjatc, — [SiilisfdiKf li'lerjrdiihril.) ^\r, l-'oreii/n O/fln; Ihrrmlirr 18, 18Sf). 1 IIAVK received voui' leleu'ram ot this dav's date, respecting the proposed nc ;j;ntiations on the i|U(>tion ot'tlie seal tisjieries in l!elirini;'s .s^ea. With rerereiic:e to the re(|iK'st in thu last parai;raph, I have to inform you that you arc authorized to deter niakiu',' a formal proposal to the United States' (iovernmcnt until you receive a reply from .Mi. IJhiine as to the possiliiiity of ajjrcein;; upon a lump smn lor the (•(iiiiliCM^ation of the owners of vessels seized hy tlu; I nited .'slates' aullioritie-. I am, \c. (Signedi SAIJSIU;i!Y. United States' j.\I-i8BURY. No. •_»).'). sir J. I'aiinn-J'oli' In flic Miirijiiis of SiiHthuni. {Ihvrivid Dnrinlirr 2''>.) .My Lord. Wiisliiiujluii, DiTcinlirr lo. 1>^M). \VI Til reference to my despatch of the llith instant, 1 have the honour to inclose licreuiih an extract Irom the Heport ot the Secretary of the Treasury lor the year 1S89 on the suhject of the seal islands in Ik-lirins^'s Sea. I have, &c. (Si-ned; JULIAN PAUNCICFOTH. Jnclosure in No. 'JG.'). Krlriirt frniii tlii' lifjnirl iif llir Sirrclan/ nf llir Trciisiini for the i/rar ISSK „» ///c suhji-rl of tliv Snil l.iliiii'ls in licliriiii/.s Srii. '\'\IK lease now held hy the Ala.ska Commercial t'oinpany, of the exclusive i iifht to t.iku fur-seals on the Ishuuls of St. I'atd and St CJeor;;e, in Hehrin^'s Sea, expires on the 1st iliiy of May next, liy the jirovisions of sections 1'J(J.'5 to lI'tlT, Revised Statutes, the Secretary of tlie 'J'reasury is re(piired to lease to [M'oper antl resimnsihle parties, lor the l)c>t iidvantaiitc of the United States, having; due rei;ard for the interests of the (iovcrn- 'iit'iit, the native iiihahitants, their I'omlort. maintenaiice. and education, the ri^dit of takiiiir lui-sc;ils 1)11 the islands imiiied, and of seiidinu; vessel^ thereto tor the skins so taken, for llu' Iciiii of twenty years, at an annual rt'iital of not li'ss liian .")().()(■() dollars, and a revenue ta\ III 'J dollars upon each fur seal-skin taken duriiu;' I he eontiiiniuiee of the lease. These provisions iin]iose a larije measure of lespoiisibilitv upon the Seiretary, and the ollieial ixiii'd of lei;islativc proceedings in the last preeedinL; session of Con^riss indicites that it i'' the will ot that body that such discretion should remain as oriyiiiallv provided in the ^tiitnte. The present les.sees of the seal islands pay an annual rental of ;").j,0i)t) dollars and a luniliiiied revenue tax and royalty of 2 dol. (IJ'r c. per skin, and an ex|e,icix'o of twenty yiar- has shown the capaliility of the leasing system, when f.iithfully aihninistered, to fc^pond to the various |iuhlie interests coneerned. 3»_' 'I'lif l'iil)\l()v Islimds lire now tln' only ini|i()it.uil soiuvis ol' supply for niciclmntalilc si-al-skiii';, 'l'i>c ln'nl ivliicli inaki'-' those i-lamls it-* lioiii'- i-; viirinusly c^tiiimticl to iiumbcr fmni t.tllld.COO to CrOOO.noo ^uiils, Imt llii; Tnasiny n!,'eiits on fluty at the islands Imv,. iic;inn to ii()tf an ajiparcnt diTrcasc in the nnnihi-r ot' seals I'rs'ii'tiii!; to the islands in the linvdinc scaso".. It is iniuii to he doin il that miv sti( h di'cira-.c i: Imt tcinpoiaiy, fur -hoidd till- I'liltvlov iicrd di'^ap|i! ii, ilici\' is nonr to replace it. It is e-.liaiiit( il tint upwaid" III' .'!(l(l,(i()() s.'ds were killed hy iinatithori/eil »ealinL;-vi'sseU dnrinj; tlio lireidm: -eavoii- lit I'ss'^ ;iii(| iss'!), and as tiie ureat majnriiv of lli;-e wen' emv-. tiiere \va> mi ainio-t : cjiial los> of pup -eals. it is oh\ ions that tlie herd must si.o'i disap|i('ar iiinlir such a deeiiuatioii of its prndiietive ineinliers, even il the Imhiiual n^e of lire-iiins diil iii,( tciul to drive tiie seals away from their iiaims in ailvani'i- of tlicii' extirminalioii. Tlie Act •f tlie ".'nd .\iari'li, 1>'s'!), eoi'.feis all the needed auiliinity upon the I'.xiiutivi' to pioteet ilie seals within the waters of the United States, hut an appropriation is neer»«ar»' to provide ellective means tor e\erei-inu' that authority. There are not I'lmu^h KeveMUi-ruttei^ at the disposal ol the Mepartniint to prop-rly police the sealin','-j!roani|. during' tile dense fogs that prevail throii.;lii)ut tlie hrei'din^ season, and the L^'cit iniiiilii.'r ol pcttv vessels eni;a;4eil in maiandini; woiild riiider it iiiipossihle lor their captors to t'iuiii~h prize crews to take tliem all to Sitka lor eoiiili niiiation. The present state iiinl prosjiK'ts of the industry seem In call lor prompt and energetic measures to preserve tin valuable I'lilivlov herd tiotn di-urnetion or dispersion. It is su'.'ijesti'd that a siitlieii'iil lorec (if criiizin!j;-vess( Is should lie chartered, cipiipped. and manned, as iiixiliar\ to •.iirh !{('venuc-vessels as ci.aikl W spared I'rom stations, and a depl^t for prism > c«tal)lislie(l at Ounalaska. -.vlienci they could he tvanslerieii to Sitka, and dealt with ai din^to law It is helicved that two or three seasons of cner^^etie effort would hre. up the prcsc'U dcstrnctixc and tlirealenini; oper.ition-i. No. ■_'(i(l. Sir ./. I'liiiiiii/oli' In llir Miinjiiis nf Siiliybinii. — { I'iri irril Drtinihrr "JT.) (Telei,'r,iphic. > WiisIiIik/Iiih. Drrriiiher 2(i I'^'^ll SKIZriil'S in Hchrin-'s Sea, Secretary of State has lieen at \ew N'ork diiritu; past week, I reniMvi"! discussion as to compensation this nioriiinu;. lie sl.ifed tiiat he h;id deeide j^ronnds on which his ( iovcrniiient justify the sei/,nri'-"l' our vessids, so that any compensation driven may not lie consti'ued as .an adniissinn nf wronir. lie hei;^'cd mc to assure your l/irdshi, that his reply would lie sent in a I'l'W to the (ines!..,in of eoni])ensation for the seizure- in Hehrinii's S. a. In theeoiMSc of the conversation he infoi'ined me that, on further consideratina, In' had decided to re.ply to my protest in order to ])laco on record hefore the world the pr^'l■i^e u'roif.ds on which the United States' (Jovcrnment justify the r-ei/.ure of the Oanailiaii ve.-sels. so that any (onipunsation which may he 'j;iMnfed mav not he iiitei[)reted ns iin adiiiis-ion of wrnnj:. lie heir'.'id me, at the same time, to as-nrc your l.,iirdsliip tliat the proiinM"! neu'otiMtions vvonld not hi: •jmhariMs-.od in any w.iv l)\ his reply, and that he would scnl it in a few day-. 1 \iill telea-i-apli the siihstance of his note to your L')n].s!iip as soon as [ shall li;i>''' fee. ived it, and 1 propose to suspend further action pendin-.!- its reciiot. I liave, iS:c. (Signed) .1. PAUXCKroTK. No. 2'i8. Sir ./. Piiuniffolf lit thf Mniijuis nf Salishiiiil. — {liirriiril Jiiiiiitiri/ iJ, 'Hl)L>.) Jjv I.iinl. Wituhimilnn, Dfcriiiber 20, 1880. I IIAVI'', the honour to lnin-.inil licifwitli an ixtracl Irom the " NVasliiii'ctoii I'ost," (1,1 llji' -^iiliiiTt of iili iiilvi'ili>ii'iii('iit wliif'li liiis jii>t liccii issued by tin- St'crctiiry of lli<' Tn.i'iirv, iiivitiiij; ]iiii|i()sals for the |iiivil'.;iL' of" toUiiii,' fiii'-sL-als ii|ioii thi' lf.|iiml- of Si. I'iiiii iiiiil Si. (iiorirc, Alaska, for tlic tciin of tw.'iity years (Vom tlic 1st M.iy ii-.'xt. As your l,oic|>lii|) will o''s(mvi', the tiuiiilici' of seals to he taken tlni'itiu' the uar iiiiliiii: Ma\ l^'.)l will he limiletei-.lay alteniooii is-iiei! tlic fdlliFrtiii'.' advi'ilisenieiit, invitiiiu' ()i'o|)osals tor tiie |)iivilei;c ot laUiii',' tin-seals upon the MiihU nf St Pan) and St. (ieo.^^e, Ala~kii :- •The Se<'retaiy of tiie Tria-iiry will receive inojuj-als until 12 o'eioei;, noon, on the ilrij liny nf Jann.iry, 181)0, lor the exeiiisive rii;ht to take liir-'cals upon the- Islands olSt. I'iiiil and St, (ieoi!,'e, .\l,i.ska, tor the term ollwinlv years Iroiii the h>t day ol' .\luy, li^iJ'i, iiJtiecnhly o the piovisions of the Statutes of the I aited States. "Iliaddilii.il to the s|)eci(ie recpiiivinilits ol the said Statutes the .•>ucces>fiil hidderwill lie ifiiiiired to provide a suitahle Imildinn (or a piildic school on each island and to pay the I'.xiiiiisc of maintaiiiini; schools tliercin t and pruper conipcn-aliiin as may he pre>crilied iiy the Secretary of tin: Treasiirv. "The iiiiniiier ot -eaN to hi; taken h)r their skins n|)on said island-, diirin;; the yc ir iiiiiiii^' .Mav IH'JI will |)e limited to (iO.diiO, and for the siieeeedini; years the luiniher will ii' li^ leriiiiiud hy the Suci'etarv of the Treasury in aceordunee with tlu provisions III lim, " I'lie riu;ht is reserved to reject anv and all propo.sals not deciued to he in acordance »iili the lii>t interc>ts of the United Si;itr-, iiiid of the inhahitants of s lid islands. ".\> a jiiiaiantee ot good faith, eacii jiroposal mii>l he aecoinpaiiied hy a propsrly mtiiied cheipie drawn oil a United States' national liank." No. 'Jtii), Ciiliiiiliil (\(liri' IJ I'liinijn O/fr're. -(Urcriiril .liiiitiiinj 10.) ^'1. Diiiiiiiiiij SIri-rl. .Iiiiiuiiiij lU, ISOO. Wrril iilciviuc to tlie letter from this Department of the 12th ultimo, 1 am directed i'.v i.iM(l Kiiiit~lord to transmit to you, to be laid hefore the .\ ir(|ui-. of Salisluirv, copies III tliice (lespatehes troin the (Jovernor-General of Canada, fonvanhnu; the claims lor losses iiiciiricil hy the sei/.uie in I5ehriin;'s Sea of the " Truimpli,'" the " Lily," and the " Black Diiiiiiiiiiil." I lu' claim in tlie case ot the •' Minnie " has not yi'l heen ri.'ceived. 1 am, &c. (Si};iied) ROlUiRT (;. W. I IKUBHK I'. m as I sliall iH« .uxcnroTE. Iiiclii-iirc 1 in No. 2(>0. Lord Sldiili'ij lit' I'rr.'liiii In Lord l\iii:lxfiinl. •^'.^ l-"ril. (iiirrniiiiriil Ifoii.si; Olliiini, Demnlirr HI, 188!). '^^ I I'll nfciencc to my despalc!. o{ the I'tith .Vuuust last,'' in. which I inclosed a copy ■'■ ill; appioved .Minute ol the Piivy (,'onneil detailing the cireuinstaiiccs atteiulinn- the * .Si'c In.l.i.ur-' I ill No. '2'i'2. 384 wiirnJnij-of! tVotn tlio Ik'liiiii^'"s Scii of the BritisI, scaliii;; sfliooiier '' 'riiiiinph," ] Imve the lionoiir to I'orwiird liercwitli, tor triinsmission to tlio liiiitfd States' (loveininciit, a copy ofan approved Report of a Coiiiiii:ttee of the I'rivy Council, subniittiii!; formal siatcineiits and claim to coiiipeiisation, on i)eiiaif of tiie owners, for loss incurred by reason of the said vessel i)eini;- iiiterlered with in the legitimate pursuit of her calling, I have, &c. (Signed) STANLI<;Y OF I'RIiS'l'ON. Iiiciosure 2 in No. L'Gt). Report nf II Coiiiiiilltrr nf liic Ihinnumhli' the Privy ('(luiicil, iipproved bij his KxcrUcncij the (loieriior-dciirriil in Coinicil on Xovi-mlicr l(i, 188!). f)N' a Report, dated the lltii November, 18^0, from the Minister of Marine and Fi. iies, sul>nnttinL^ in euiuu':;tion with the warninii-otr from the licJMinu's Sea nf tlip British scalinii-schooner " Triumph," the eircumstanees atlendinj; which weie dctaik'd in the Minute ol' Council dated the 2'Jnd August hist, niiide upon a Report of the l.'Uii August last of the Minisier of Marine and I'isheries, formal statemeiils and claim to compensation on heiialf of the owners, for loss incurred hy I'casou of tiu- said vessel heiui,' intertered with in the lei,'itiniate pursuit other callinir. The .Minisiir states that this claim amounts to li',(i74 dollars, and is advanced hy Mr. F. Crow IJalu'r, of \ ietoria, British C(.!umhia, manau:ing owner, on behalf of liiiii~i;li, Daniel Mel.eai', Rosine Gibson, and .Joim C. Blaclielt, as joint owners ot' the vessel in question. The Conuiiittee advise, on the reeommendatioii of the Minisier of Marine and Fisheries, that your !''xeelleiiev ho n:oved to i'oi'ward a co|)y of this .Minute, toLrellier with the |)apei's herewith annexed, to the Right Honourable the Secretary of .State l()r the Colonies for transmission to the (!o\crnment of the United States. All whieli is respeett'idlv submitted for vour H);eellencv's ajiproval. (Signed) ."JOHN J. .M<(;Fh:, Clerk, Prim L'lmnciL Inclosure .'^ in No. 209. Di'clariilion of Kili/iir Cro'r liiiLfr. City of Vieloria, Province of Hritish Columbia, Dominion of Canada. I, El)C;AR('|{()\V]iAKFR, o( the city of Victoria, in the Province of British Cohniiliia, Dominion of ('anada, retired Navigating Lieutenant, Royal Navy, but at present (anion;; various other inisinesses) following the oeenpation or eallini: ol a h\'al l'".stat<' and Financial Broker in the city aforesaid, and the duly aiilhorized managing owner of the liritish sealing-sclioo:ier "' Triumph,'' do solenmly and sincerely declare as I'ollows: -- 1. That said scdiooiier was built in .\pril 1>S7 in Slielb'jrne, Nova Scotia, piircliiKt'd by myself and others, as per orii;inal register, and brought to the jiort ol' Victoria by el arrived at the port of Victoria on or ahmit the 2r)tli April, 188S, and alter muleigoiiej; usual relit and oiitlit for lu r sealing voyage, cleared from the port df id prosecuted that branch Victoria on i^r alioul tlie ."ith .May, l^^^sss^ fo,- Pudiiiiig's Sea, ai of tlie de<'p-sea li^heries known a^ seal-hunting, in -^iiid arm of the .North Pucilic < locnii. with a crew coin|)oscd piincipdly of Indian hunters, and returned to \'ietoria on or about the 12th September of said year with ii catch of 2.41)1 sealskins, and the master rcjiortrfl no interference or molestation on tlu; part of the United States' Revenue cruizera. 1. 'I'hat said catch was sold in i!ie market at Victoria for the price or siiin «l 11,2.!,' dol, ":') e., and after reimbursing all expense of oiiKit for the hunting period, payment ol bmitera and crew, yicld<'d a very handsome profit to the owners of said vcsh' for their sea-on's venture. f). That the price paid for skins during liic season iimncdiutcly above refericd to 385 ami ^t'iiwoitliV iis it was pos in s;niviiiir-(io(;k at Ksciuiiiial iibovc ivli'ii'cd MIS 'i dollars only in Victoria, tliouijli 75 dol. 2.') c. and tif) dol. .jO <:. was obtained at the UHiial fall sales in London, Orcat Britain. • 1. That the registered owners of -.lid ve>sei at tii.it time were: Edi;ar Cro'V Baker, L'l sliaics ; Walter K. Blackctt, -1 shares; Haniel McLean, iiiJsliares, [larticiiiatini; equally ill till' profits, and the vessel eoninianded hv same master. That in January ol' tlir present year (1SS9), in order to make tlie vessel as staunch sihie to malie a vessel, not then two vt'ars old. she was docked and coppered to !) 'eet forward and 11 feet aft, at an expense lo tile owners of 1,'2.'{4 dol. .50 c., tiieri'Uy t'nhancini; the value of said vessel from 8,'J'iO dollars to very nearly !),;')()() dollars. N. That the primary object in spaiin^ no expense to efficiently eipiip said vessel was tiiat she inii;lit "keep the sea" in any weather, and prolong her seal-hunting voyage until liie latest moment of the season, and return to her lionie-|)iirt in the following season with a catch in excess of that already (pioted. !l. That the declarant sent said vessel down to .^'an Franii~co on the 24th March of the present year, in order to procure the best white hunters, scidinii; boats and sealing onttit ohlainable, and disbursed loi- same and provi-^ions 2,0fib dol. 24 c. 10. That said vessel lelt iSan I'ranciseo on or about the l-'tb April of the present vear with a crew consisting of ujaster, mate, carpenter, i;unncr, cook and steward, eight iiunters, seventeen able and ordinary seamen, and two apprentices, in all thirty-two in luiiiilier, as per certificate of s!iip|)ing master of said port. 11. That said vessel entered and cleared from the port of Victoria on the ■25th day it .\pril last, and sent by the declarant on a sealing and hunting voyage in the North I'iirifii' Ocean and Heliring's Sea at a further cost to the owners of 2,97.") dol. 19 c. for .idvanees to hunters and crew, p'ovisions, sails, ecpiipnients and ap|iarel, marine insurance, mid lUTi'ssarie-. 12. That the total aiiu)unt of cash at risk in said venture, from couunenccnient of voyaL'e lo linisii on the 2Stb July, was 1 r).42.') dol. t^i c., irrespective of the lay out or waives (if iiuister. l-'l. That the said schooner entered Hehring's Isea on or about the 4th July, and having previously transhi|i|)ed her outside, or coast catcli, was hove to on the lltb .July, and imanlcd by Lieutenont Tnttle, of the United States' Revemie cutter" Richard Hush" (as JUT sw(irri-to tes ,m(.ny of the master, made on arriving in X'ietoria, dated the 8tb August) "lio scare Ik d the vessel, c.\aniined and returned ship's papiTs, and ordered the scboonei (lilt (if Hehring's Sea, tliLNilenint,' coiiriscalion id' vessel and catch if caught in the net of killing seals, or with .■-kiMs on lioard aflcr having been .varni'd. 14. That by reason (d' tile tbieals ;iii(l inenaces (d' the said L'nite(l States' lUtter, the master was ])revented from furtluM' ])rosecutint; his legitimate bnsiniss in said sea, and not n;-liiii^' to incur the responsibility of threatened capture of hi- valuable vessel, returned to Mcldiia mi the 2>'th July, with only se\eiity-tuo >kins on boaid, and which wore on hoard iit tile lime of search, though undiscovered bv the boarding ollicei', tit lea-t, so I am ir.liii'iiicd and veiilv bidieve. I'l. That, from the number id' -kins taken by the •• 'rriinnpb '' last year, with vessel partiady eipiippi (i only and w'lii less experienced hunters, I coiiscienliouslv believe that llie said schooner, in a t'ull seasini mimidesled and free from fear (d'in()le>lali(ni, would have lakeii ill ihe neigbboinlKiod ol'2,.')lfU skins, HI. That the markel value ol sealskin^ at the port of Victoria, on or about the 1st Octdliir iii-tant, when in the usual course of events heretofore, the" 'I'riumph" would have arrived after a complete season'.s voyage, as hereinbefore mentioned, was S dollars ])er skin. 1(. Tliiit the deelaiant, on lu iudf id himself and eii-owners, claims (lamages against the tiDVeiiimeiit of the United Slates of America lor the unlawful and unwarrantable intorfereiiee, inolestalion, threat and menace of' its said Itevenue cutter, whereby a heavy loss is incurred by the owners and hunter- of said sidiooner " 'rriuni|ih,'' amounting to tne value of the dilierenee between the -kins ailuallv taken, and estimated catch, vi/,., 2,428 skins i2,r)0(), less 72) at S dollars per skin, or the .sum of 19,424 dollars, and 2.">() dollars lui' le;;al and other cxjienses in eonncctioii with the preiiaration and submission of this claim. 1^. That hereto annexed, marked (.\), is a statcPk'et in detail of such claim, and of tlift persons entitled to share therein. lit. That upon the sailing of the said seliooncr in .\|iiil and May last at San Francisco ''I'd \ iiloria, respectively, advances were made to the hunters based upon a lull season's 'iileli, and said hunters will, ii[)i)n payment of said claim, be entitled to, and will receive their .-iiaie thereof, 3K6 And I, ('^dgiU- Crow UaUer, make tliis >.(il('iiiii dtcliiiatioii, (■oiiscicutiously believinj the saiiiu to be liuc, just and cquitiibli', and liy viiliiu ot Act ivripectiiii; E\'tra-.Iu(iicial Oaths. (Signed) EDGAR CROW RAKER, Munaijimj Onner. Declared by the said Edgar Crow Uai58!(. Before me, (Signed) I), li. IIauius, A Xoldii/ Piililir III) lioiidl ^liilliorilii ill mill fur liir Prni'nuo 'if Ihilifli ('nliiinliiii, rrsiiliiui mid pravtlxiiiij III I'ifhiriii iifnrrsiihl. Inclosmv 4 in .No. •Jd".!. Df.taii.ei> Stiitcinciit ol Clann l)y Owners of 15ritish schooner "'I'riumph" auianisl tlie (ioveniinent of llie I'nited Slates ot Ar :,4-J8 ball iiM' ni ail otinmUa c nuniijli li r \hr r..!l .tell .1' J,-ilUI -I';.! 11 of lUS'i ill lii'lir irs jK-r sK'ii Legal anil mlirr (■xiirnM.'> iiK-iui iit:il in iiii'|i;i.aiwii iiiiil siii) hkih.- l)_v tlif 'm"\ Sea, ;i| iilCli Toliil Duihi l'.1,l.>4 •-'50 19,u7l ( )wm:i;.^ on ( A-toin VAfv. <'iii« li.i Daiiiil Mil kcr. ti ati;iuil>;. (ail. ;i;a^;i'r ii.ariiiii liu^jiie (iilisoii, l'a-iii.\ (tiitiiiiii Joliii ('. llla'-lMll, Vii'Uiia. I!riti-li Cciliiiiiliia lolal ■Jl III r.l N.B.— K. r and liaUci. i(.|)i'c>entinn' I). McLeans shares In full [lowi'r of attiiriiu. as mort;_'a;j:ce ni |ioss( s>ii bv consent of attornev. .1. C. ISIacijetl, t)y power of attorney, 'nid Kosinit (tib> .111 > (Mlilieil) KDWAIU) ('ROW n.MvE M, II 11 II 1/1111/ Onner. TI IC sc hednle (Siirncd) erred to in st;iteiiiem. of uhicli ihir, toriii part (I [A) ret I). R. IIauris, Ndluni I'lihlie fur the 'riiniici' (I f lirllisli Cohnnliiii. 'I'o al! to wliom these iirtsenls shall (;ome he il known and made maihlest that 1, Alexander Koland .Milne, a Sinvcvor in Her Majesiy's Customs for tiie Port ol X'ittom, British Colundiia, in the Dominion of Canada, ;lulv ap|>ointed a> such, residiiii; iiiiii oflieiating in said capacity in the cily of \ ictoria, in the Province aforesaid, do iierehy certify thai the pajier \uiilin hereto anne.xeii, ihited the MJi .Vimiist. lf-S!>, siirmd ami Bworn to before (ieorge .Morrison, .).!'., on said day by one Damcl .McLean, master ol tin iJritish schooner " 'IVinmpli,"' rei;istered at flic port aloresaid and cnj;ai;cd in the scalini: business, is as it purports to he a mil, tiiie and correct copy of the original thcrcol in every respect. 1 do inrther eeitil'y that the orii;inal docnnicnt was forwarded by the Collector of Customs of this |ioit to the Department of .Marine and Eisheries at Ottaw on or about the date therein named, and that 1 have full confidence in the truth of the statements made by said master einhodied in said airnlavit. In testimony whereof I have henuiito si;t my hand and s^al ol ollice at tliocityol Victoria, IJritish Columbia, tiiis 4th day ol Ncvemlier, IWJ. (Signed) A. R. MILNE, Surveyor, V. .387 Inclosiirp 5 in No. 269. ^Dfpnsilinn nf Dnnlfl Mrf.Piin. ipli " iiy tliR Unitofl States' In till' matter of searoli, tkc, of the seiiliiic; schooner '• 'I Rpvtiiue cnfter " Hiclnnd Rusli " in Ik'lirintt's SCa. 1. DANIRI. MrLlvXN, of the city oi' \'ictotia, in the Frovirue of British Coiumhia, Dumiiiion el' ('apa.ia, ijcint; (hily sworn, dopose as follows: — 'I'iiat I am master and i>nif owner of the Hritisi) scliooner " Triiinipli," reiristered at the Port ot ^'ic'toria, ilrilish Coininhin, tha.t in conformity to tiie hivvs of tlie Dominion of Ciuiiula I rii.'nlarly cleared tlie said scliooner " 'rriuin|)h " for a vovage to the North i'licitic Ocean and ISchrini^s Sea. and that in pnrsuaneo of my lei.'itirnate husiness did enter tlie s-iKi j'lhrinii's Sea on tlic iltli day of .Inly, 188!), and did lireteed on my voyage and lieiui; in latitude ")0^ .O' north, lonsitnde ni a peaceful manner 171° L'.V west, on the lltli diiv same ])roeeeded to search my vessel lor seals, and findinjif no evidence of the same infei med me that orders liave been isi.sued by the Secretary of the Treasury of tlie United States inider the Proclamation of the President, instructinir the ('iiiiiiiianiiin^- Oltieer of the said Revenue cutter " Kush "' to seize all vessels found scaling; in IVluiiig's Sea ; he also told me that should he ai>;iin hoard me and find sealskins on hoard thai he would seize and confiscate the ve-sel and catch ; he i'urtherniore informed me that he liaci already seized the British schooner '" Black Diamond," of Victoria, Uritish Colaniiiia, and tliat she had been sent to Sitka, and that, therefore, by reason of hi.s threats and menaces 1 was caused to tbrego my legitimate and peaceful voyage on the high ■^cas, and return to tl.e port ol my (le|iarture, eausiuL' serious pecuniary loss to myself, erew, liiid owners, for wiiich a claim will he lorinnla'id and forwarded in due course. .And I niakc this solemn affidavit conscientiously hclievm;; the same to be true, and hwirtiii (if the Oatlis Ordinance, IBGO. (Signed) DA M liL McLEAN, .)/«.>■<«•, Schooner " Tiiumph." Swoin helbrc me this Stb Ani;ust, 1880, at Victoria, British Columbia. (Sii,'ned) (iKO. Mohkison, J. P., a .liislirr nf the Peace for tlie Prorince of lirilixh Cnluinliin. I iiii hereby certify to the correctness of this statement as verbally expressed to me ;il.-(i In -aid Daniel .\I"Lean. (Signed) K,nc).Mt Ciiow B.VKia. Sniiini Piihlir. Inclosure (! in iS'o. 2(i!l. Lord Sttnilrii nf Preslaii In I.nnl Kinilsf'nrd: My Lord, (Inirniiiieiil Il'iiise, Oltiiwa. Deremher 17, 1889. \\ri'll relereiiee to mv despatch of the "JCifli August last, relatini; to the sei.'iire ill Heliiiii!:'-. Ss9, the said " Black Diamond " returned to Victoria afori'said, and hereto annexed, marked |X), is the statutory declaration of Alexander Gault, the male of the said schooner on said voyaire, of the cause aiul maimer nf the "Black Diamond's " ittmn to Victoria from such voyage, which said statement I vciily believe is true. 4. The value of the sealskins taken from the " lilaek Diamond" as set out in said Alexander (jault's statement was, on or about the 1st day of October (when in due course the vessel would luwe delivered her cargo of skins at Victoria at'oresaid), 8 dollars ]ier skin. The salt so taken as aloresaid was woith ;") dollars. The Indian spcar» 4 dollars each, aiul the said rifle was worth ji."> dollars. 5. From the actual catch oi' seals made in said sea during said season by other sailins: vessels, 1 verily believe that had ihc said " Black Diamond " not been seized and her hunting voyage broken up as set out in said statement of Alexander Ganlt, the liunters on said schooner would have captured at least 2, 100 ^ealskms in said BehriiiLr's Se.i diinn: the season of I NiS'J. 0. 1, H)r mvself and the crew and hunters of the said " Black Diamond," cliiiineii dainaires against tin; (ioveriiment of the L nitcd States' of America liir the sei/ure of the said " Black Diamond,' and lor the takini;' and detention ot said seven'.\-six scp.lskiiis, ;in(i for ■J,()li+ sealskins Uw balance of the e-limated eateh of 2,101) in Bchring's Sea liir the lull season ot l^Sl), also for the salt, ritle, Indian spears, and ship's pajiers taken as afore- said, and tor legal and other expensis iiicidcntul to, and arising out ot, such sd/.nre. ami die pre|)aiation and submission of this claim therefor and interest thereof at 7 pir cent. |'tr annum until paid. 7. lleielo aiuiexed maik<'d (A ) is a Statement in (let ad of such claim lor daniau'es. .\iul I, Morris Nbiss, make this soleiim declaration con-.eieiiliiiu^lv believin'j; the sii'Hf ') be tliie. ai.d bv vntlle of the Act respectiii'^ Voluntary anrl E\tia-.lndicial Oaths. (Signed) .MORKIS .MOS-. Declared bv the said .Moiris Moss, at the <'itv ol \"ietoi'ia, tin l(lth da\ (if NoviMii'e'. ..1). lH>i\l. Iiefore nic. (Signed) Aaiiibu L. Bi;i.vk*, J Nohirii J'lilillc III/ liiiiiiil Aitlhiintii in iiiiil fur till' I'rariiirr at lirilir'li ('(iliiiiiliiii. 389 Inclosure I) in No. 200. (A.) .'^T.ATK.'iK.Ni ot Claim, by Owner of scliooiici' " lilack Diiiuioin! " against llu; (.JoviTnincnt ol the UnitcMJ States of AimiirM for ."^ei/.iiri' in IScliiiiii,''' Sea on July 11, i.S'iO. Dullai>. "fi sealskins (scizi'il). 2.11'JI soiilskiiiB. hiiliinci' of estimated ratcli l>v •' Hlaek Dianioiiil " loi- full season of IHS'I in HcliiinK's Sea. . in, son SO .'.IIKI seaUkii.s, .It 8 (Icillais ., 1 rille, at 20 spears, at -I dollars each, , . , . . '.' sueks salt, at 2 <) Total 17,1S.^ .\nd interest thereon at 7 per epiit. per annum uniil paid. (Si-ncd) .M(JRUIS MOSS. 'riii- is the Stutenicnt I'efencd to as niai'ltand, steamed across our stciinier's bows eompcHiiig us to come to. .V boat W!is ihen lowered from the eiilter, and liieulenant Tuttle, with five olliir men eaine iiboard the schooner. The captain of our schoimer asked Lieutenant Tattle what he wfinted, and he replied he wished to see om' papers. 'J'he captiiin then took him down into his cabin, and in inv presence showed him the ship's papers. I/ieiitenaiit Tuttle then demanded that thevsboidd be banded to him, but our captain rtiosMJ lo gi\e tbeiii up, and locked them in his locker. Lieutenant Tuttle then ordered ills 11 eii to lirinu' tip tlic sealskins. At this time theie were seventy-six salted and tilty- livr uiisihed sealskin- on board. The Lieutenant then ordered the salted skins to be tiikiii on boartl the " Richard Rush." This wa> done by the cutter's boat, two bags of salt and a ritle being also taken from the schooner to the cutter. Lieutenant Tuitle told our captain that if he tlid not give up the papers be should liike them by t'orcc, and our captain still refusing, the Lieutenant bailed the cutter, anJ a limit hn, tight olf the Aiaster-at-arms who came aboard our schooner. Lieutenant Tuttle a^ki'd our ca|)tain lor bis keys, but not being able to (d)tain them, ordered the Master-at- arms to force the locker. The master-at-arms then unscrewed the hinge> of the locker, iind taking out the papers, hmided the same tn liieulchant '['tittle. Lieutenant Tuttle then Went hack to the " Richard Rush." but reliinied aoaiii, hiimrinu' with bin; one whose name I have since heard to be .lobii ilawkinsen. The Lieutenant then mdcrcd cciUiin Inilian sealing -pears lielon^iiii;- to the schooner to ilii' minilier of twenty to be placed in his boat, which was accordingly done by the cuitii's men. Our captain asked him (iir a receipt tor the skins, shi|)'s papers, anil other !;oods he hail taken ; this be refused to give. lie then ordered our captain to tiiKe the scliDoiK r to Sitka, but our captain told him that if be wanted the schooner to go there he woiilil have to put a crew on board to take her there. Lieutenant Tuttle then gave liiiwkinsen some orders and some papers addressed lo the I'liitcd Stales' aulhorities at Sitka, and, leaving Ilawkinsen on board the schooner, ami taking the spears with him, rcliirncd lo the cutter, which -h.-n'ily altcrwaids steamed away, taking the ship's papers, the skins, and the other goods with her. 890 We set sail for Oonalaska where the captain hopetl to fall in with a British man-of. war, and arrived at that place on tlic ' ')th day ol'Jiily. There heini; no inan-of-war there, and the Indians havini; het^oiiie very mutinous, and thrcatonini; to throw us overbonrd it thev tiioui;ht we were j;oini;, to Sitka, we set siiil lor the ])ort of Victoria, reacliinj,' the latter place on tiie Mrd day of August. 1^89, at atioiit the Imnr of 7 I'.Ji. 'I'hc iiim. Hawkinscn, (hiring' the voyiiy;e. i\\i\ not attempt to i;ive any directions or su^'i^cstions us to tlic course to he talicn i)y the schooner, and on arrival at N'ictoria was placed on shore by one of the schooner's hoats. And 1 make tiiis declaration consci.iilionsly heiievincr the same to ho true, and hv virtue of tlic Oaths Ordinance, 1^8!). (Signed) ALEXANDER (iAULT. Declared before mc at liie city ot' Victoria, this Hth day of August, 18HU. (Signed) ]'"RNKsr V. rxmwKr.i,, A Nolnrii I'lililir for lliv Pnifiiire iif Brilisli Cnliiiiihiii. This is the statutorv dcelaration of Alexander Gault referred to as marked 'X) in the declaration of Morris Mo^s niiide belore me the liuh day of Noveml)er, 1889. (Sii,M)ed) A. 1.. liiiLYKA, Xntaiii Puiilir. Inciosiue 10 in No. :^(j'.). Liii'il Sliiii/iii tif Preston to Lard Kiiutsford. My Lord. Gorcrnmrnl House, Ottawa, Dcrcinhi-r 17, 1S89. WITH relcrence to tlie Deputy (lovernoi's despatch ot' the -Mtli .September last relatiiifj: to the seizure in Hchriiii;'s Sea of the British scliooiier " Lily," 1 iiavc the honour 10 transmit to your Lonlsiiip a eoiiv of an api)rovc(l Ke|)ort ol a Committee! of the I'rivy Council, subr.iitting lormal >taleincnts and claim to coi pensation advanced by tin; uwnei^ ot that vessel against the United States' Government for ioss incurred by reason of her seizure. I have, kc. (Si-rnecH STANLKY OF PllKSTON. Inclosure 1 1 in N'o. 269. Report of (I Coiiimltti'p of the Honnitralilc tlii' Priinj Cnunril, tipprnrril by his Excelltncy the (iorcriior-G''ni'ral in Cnunril on Decrnilier 2, 1889. ON a HcjHirt dated thi' '28th November, |8s9, Ironi the Minister of Marine and Fisheries, suhmittmu, in coimectioii with the seizure in tli(! Helning's Sea of the britisli schooner ■• I-ily,' the ciicuuistances attending whicii were detailed iu the Minute uf <"ouncil approved iiv your L\eelleiie\ on the I8tli September, 18^9," formal st>iternent» and clainw hv tiie ovvnt IS to compensation lor hiss incurred l)v reason of the seizure of .^aid vessel, and the Ibreilile rcujoval to tiie United States' Kevenuc cutter "Hicliard Rush" of !J.S'i -eaUUins, as well as for the value of the estimated catch for the balance of the season had the vo-d not been interfered with in the legitimate pursuit of her callins;, which claim, witii incidental expenses, aggrei;atcs the sum of I7,l'i7 dollars. The .Minister recommends that this i-laim be lijrwarded tiii'ongh the proper cliannel to Her iMajistyV {iovernmeut for transmission to the Oovernment oi the United States. Till' ('ounni:tec advise thai your I'xccileiiey be moved to forward copies licreol to the Kiglit Honourable the Secretary ol Slate lor the Colmiies. All which is respectfuliv submitted. (Signed) .lOUN J. MoGEE, Clerk, Privy Council. ( Excellency tht .191 Fnclosurc 12 in No. 269. Drclnrnlion af Morrh Moan, Catiiida. Province' of l?nti.-,li Columbia, City ot Victoriii. I. MOIIRIS MOSS, o( the city o( Viclotin, in tiic I'rovince of Hritisli ('oliinibin. Dorninicin of ( 'iinadii, fur (Il'siIit uiuI sliip-owncr, do solemnly and ^incoltily dcchivc as folJDUs : — I. 1 iim ii Hriti>li snhjcct i)y birth, and llic iluiv iT^'istcicd owner ot' tin.' schooner "Lilv" ol tiie port ot Victoria aforesaid. •_'. On the 20tli day of May, .\.i). IMS!*, the s^aid seiiooner ''Lily" cleared at the CuslDiiis-hou.se, Victoria aforesaid, tor a Hshinir and iiunting voyage in the North Pacific Ocean and ISehring's Sea. 3. On the 1st day of Septeniber, a.u. IS"?!), the said schooner " Lily " returned to the said port ot Victoria, and hereto annexed, marked (X), is the statutory declaration of John Reilly. the master of the said seiiuoni r '' Lily "' on siiid voyaL'c, >.cttint; forth the cause and manner of the return to Victoria of ssid schooner t'roiu sucii voyaui', which sait lirillsli ( 'nliimliiii. Inclosurc 13 in No. 'J'V.>. Sliili'iiifiil tit Ciiiim. \'>\ (iwnt r ot schooner " Lily "' against the Ciovernment ot the I nited Sl.ite- of .\n!iiie,i In;' >ei/.ure in liehring's Sea on the Olh Atnjnst, .\.i). I8S1I. Di.llus. l,7il7 M'.'ils'viii-. ii.ilaiicc (.1 i'Mmi..U'il (Mlcii liy •■ ! it\ " tor lull sen- n oi ISs'J in Ht'liriiij'V Sf.i. J,lmi scai.skius. ill » (iciila- .. .. .. .. .. .. It>,800 Jl liuliiai s[ieiirs. ill 4 ifnlliir- .. .. .. .. .. IKI '.' >iic'l(s salt, lit i; (liil. JO e. . . . . . . . . . . J ( 'n-t (»!' (ititiiiiiiiiji new >iiip'- piiperH. . .. ., .. .. '^'* I.i'i^iil iitiit utlu't »'\jifii-i s iiii^iiii; out 111", .nut iiicitii'iUiil i<». ^m-ii >cizurt' . , 'ioO Totat .. .. .. .. .. .. 17.1711 Ami iiiterost tliercon iit V |iei- ci'iii. n r iiiiiiuni uaiil p.iiil. (Signed) MORRFS MOSS. 302 This is tiic Stiitoiiicnt ()( C'iaiiii i li rod lo us marked (A) in tlic (k'cliiration of Morris Moss, luiuU' lii'torc iiu' tin' lOlli .\()VLiiil)i.'r, \HH'.I. (Siiincdl A. F>. Uici.VKA, Xoluri/ Public. In tlie matter of the seizure ol the stMlinu: .scIiouiut '• Lily " by the liuitcd Statt-s' Id venue ciilttT " Rii'linrd Kusii," (in the tith day ol Au','ii»r, a.ii. \H<'.). I, John lU'iily. ot'thc city oC \'ictoria, Hritisii Cojuiidiia, niasior mariiiir, do solcMiinly nntl sincerely ihx'hire that : - 1 I am a master mariner, and was at the time ol' tlie oceurrei.ees liereinalUT nientioned, and still am master ol' the schooner '• IJIy " ol' the I'orl of Victoria, liritisli Colinnhia. 'J. On till' (Illi il.iv of Aiiyust, A.M. !8Si). whilst I was on hoard and in eoaniiand (it the said s''hooner •■ l.iiy." and she lieini;- then on a sealing ex))edition, and iieiiii,' m latitude ;")5 -J'.)' norlli, and lonuitiuie IGfi" IT)' west, and at a distanec ot' aiiout OlJ niilu* from the nearest land, the United Stales' Revenue cutter " Kicliard Uu^li " overliaiiled tlie said schooner. •'i. I was first hoarded hy the l-'irst Lieutenant, who was armed, and who asked nie how many skins I had on lioard. 1 re))iie(l that he should lind out himselt', and said that it he wanted to sec the schooner's iiapers I woidd show tlu'm to him and would render him assi.^tance >iiould he want to search the schooner for contrahand goods, but I would not acknowlcdife his rii,dit to seize me for scalint;- on the hi^li seas. 4. The l''ii>t I,i(ulenant then returned to the cutter, and in a short time returned acconni'.mied by anotlar Ik, at of the cutter which was in eharfje of the .'Second Licut(;iiaiif. T). Thi'y both came on hoard, and the Fir-t Lietitenant dein: led of mi; the suirender of the scliooncr, and askinir, at t'le same time, lor the schooner's papers. This i at fir«t declined to do, and the First Lieutenant said unless I j;ave the schooner's papers to liiia at once he would take them by Ibrce. I then u:av(' him the schooner's papers, consistini; of registry, eoastini.'; lici'iice, and clearance. (i. The First Lieutenant then ordered both boats' crew to search the schooiur, and they took from my schooner 3.'n scalBkins, all in good order. 7. lie then asked me if I would irive him two sacks of salt. I told him it would be useless for me to rct'use, as he (.'ould take ihein by force, so I told him to ^'o ahead and help himself. lie then irave me two letter.-, the contents of which were unknown to me at the tinii, one of them being scaled, the contents ol' which is still unkiu)wn to nie, the other ccrtifyinst that he had seized the schooner " Lily " for violiition of the United .'States' laws, and taken possession of schoonci 's papers. 8. lie then told uio to proceed to .Sitka, Alaska. 1 asked him it he wanted iiic to gi) to Victoria or Sitka. Alaska, to which he replied that he liad nothing to say but sin. ply t(dd me his orders. !(. Afy Clew, at thi- time, consisted of a mate, (ieorge McUonald, and time white men, and twenty. live Indian hunteis. The Indian Imiilers said that they would not proceed to ^'itka, and to avoid I'urtber li-ouble 1 directed the s(diooinr course to \ ictoria. and arrived here the Isl day of .September at 7 o'clock I'.M. And I make this solemn declaration consci'Mitiously bi.lieviiii,' the same to lie true and by virtue of the Oaths Ordinance, 1N-!I, (Sinned,, .)01L\ REILLV, Declared at the city of Vicl(aia, IJritish t'oluinbia, this llth day of Sejitcnibcr, Isb9. nefore me, (Signed) Tnos. SnoTBOLr. .Illxlici' of the Pf'llir. This is the statutory declaration (jI .lohn Reillv. rclevrcd to as marked (X) in llie declaration of .Morris Moss, made before me the li)th .N'ovcuiber, 1H8!). (Signed) A. L. Ri:i,yi;a, Solaii/ Public. So. 270. ('oloniiil O/ficc lo h'orcii/i! ()//icr. — [iircrivcrl .hiiinanj liO.) Sir, Doiniiiiij Strccl. .liuuiiinj IH, 18!)U. 1 AM directed hj Lord Kniil.-sfonl lo transmit lo 3-011, to be laid before the Marciuis of Salisbury, a copy of a despatch and its inclosures from the (!overin>r-(icneral of (Ifcliiratioii fl Uatcs' lUvemie rannil;i. ti>r\vnnliiii; !i ilaiiii I'oi (•(iiiipi'iisulioii tVoni Ilit; Dwneis ul llic -.clioomir " Ariel " tor lii-s iiii'urioil liy icasoii ul' il> liciiiy iiilcrtcieil witli l)y the I'liitcil Stiites' Hevciiue cutter •• Uicliiiitl Itiisli " wliilo tinyii;^L'(l in ii suiiliiiy voyaf^c in Ik'lirinK's Sea. I am, &c. rSijrncd) IJ. Jl. MEADK. Iiiclosuro 1 in No. 27(». 7,0/7/ SliiiiUi/ of I'ristnii In L'/nl Kiiulslurd. Mv Lord. (iovnii III fill Ilotisi', Olliiini, IJeri'inbi-r .'Jl, 18>*9. I 11. W I] tin- honour to Ininsniil to youi- honlsliii) a copy of an aiipioved .Minute of (111' I'livy Ciiuncil submitting- a doelanition and fornuii statement of claim to ooni])ensation 1)11 Ix'lialf of the owners of tlie Mritisli schooner " .Ariel " for loss inemred liy reason of till' said vessel hciiii: interfered with hy tlie United States' Revenue cutter " J{iclmrd Rush" while engajfcd in a seaiin;;- voyaije in Hehrinit's Sea. I have, &c. (Siuned) STANLEY OF I'ltES'l'ON. Inclosure 2 in No. 270, e schoiint r, and -iinir to lit' true rked (X) in Hif H'pnrt of II ('mil millet' of flu: Uoiiourtilile Ihr Privij Vimncil, uiijinired hi/ his Eici'llcnnj Ihe (iorpr>inr-(ii'iter(il in Coviirll, on Di'ipmlifr '28, 1K89. OX a K'eport, dated the :,',"tii Dei'cuilier. I •■^'s;!. from the Miiiister of Marine and l":-!H'rir« suhmitliiiir the iipiicnded declaration and formal statement of claim to ociiiiiii'iis;ilien on behalf of the owners of tlie i'ritisb schooner " Ariel," wbieli vessel was, on ih'iiie .lotii ij.iy of July, If^s^'.t, uiiile ent,M:red in a sealini;' voyau'e in the iiehrinii's Sea 1,; ■II raiieit) 'lonnlcd by three otiiceis from the United States' Revenue cutler "Richard lliisli." The ollieer ser.rciied .'inil examineii the schooner '" .Ariel," and (|uestioiied the in.isti'i- as to his voyai^je, crew, and catch; and also warned him against takinn' seals in ilic Bchrinn's Sea under threat of seizure of the vessel and the arrest of himself luiil mate. The .Minister observes that the claim amounts to !),t!)8 dollars for loss inemTcd by reason of the said vessel lirinu' interfered with in the legitimate pursuit of her culling, iinil i- .iilvanceil ity Mr. Samuel \V. Buciinam, of Victoria, British ("olumbia, managing owner ami master of the said schooner " Ariel," on behalf of himself and .^lessrs. .John .\I. Taylor and Hehi R. Lawrence, of the city of St. .)ohn. New lirunswick, as ioint owners ul' the vessel in ([uestion. Tlie .Minister recoinmernls that this claim be forwarded throuizli the jiroper channel tti Hor .Majesty's tlovernnieiil for transnussiou to the (lovernTnent of the I'nited States, The Committee advise that your Ivxeellency iie moved to forward a copy of this Mimue to the Ris^bt Ilononrablo tlie Secretary of State for the Uolonies, together with the papers inentioned herein. .Ml which is respectfully sulimitled lor your i-^\reliencv's approval. (SiLnie.l) ,I(').MN .1. .Mc(;K1v CV/t/c, /•")■//■// Council, Inclosure 'S in No. '271', Dpclaralinii of fiuinuvl IT, liuclaioin. 'anada. Province of British Columbia, City of Victoria, I, SA.MUIiL \V, liUClvNA.M, of i.iie city of Victoria, in the Province of British 'olumbia, and Dominion of Cjinada, master mariner, do solemnly and sincerely declare a< follows: — 1 file hereinafter-mentioned schooner '• Ariel " is a British vessel registered at ilie port ot St, John, in the province of New Brunswick, one of the provinces of the dominion of Canada. '-. fhe registered owners of the said schooner '• .Ariel" an- .John .M. 'I'aylor and Ll'-!8] 3 E »94 Belft R. Lawrence, l)oth of the citv of Si. .loim aforcsnid, who oacli own twcnty-four ■biircs thereof, and my.si'lf, who own the rcniaiiiiii^!; sixtfcii -harcH thereof. 3. 1 am tlie manaj^inj;' owner and nia»ter oi' the wiid schooner " Ariel.'' I. (»ii tlie !)lh (lav of Kelinmrv, l(^s<), a.m., I eleared the said schooner " .\rifl" at the Customs at (lie said ))ort of \'ictoria for a li-hini;- ami s,.iil-liiintini;' Advaijc in tlie North i'aeilie ( >('eiiii and Beliriii:;'s Sea, and on tiie 1 itli day nf said month sailed Inim said jiort of \'ieloiia on siieli voyage. .5. (In ami for .--aid \oyai;e I wa-, master ol Hunl ■• Ariel " and one Herman Sniiti. was mate, and said " .\riel ' on said vo\a;;e carried a crew ol' hventy-two men all loii; The said schooner " .\riel " was e(|uii)iied and ])rovisioned for a lull season's voyage. 0. On tli(' r_'lli day of July fidlciuiiii;, tile "Ariel" entered Hehrinjf's Sea. The sealskins which had hceii tiiken by the hunters on said schooner in the North Pacific Ocean had been slii|)ped to N'ietoria Iiefoie enteiinji; IJehrinij's Sea, aiul no skins wcrt on board on said 12tli .July. 7. The hunters on the •' Ariel" hej;an ^ealin;; ow the I Itli day of said .July, and in the sixteen days following:' captined alioni H<0 seals!. ins. 8. On the ;iOtli day of said nioMtli of .Inly, at about ti o'clock in the mt)rniiii;, the United State-' Ueveiuu' culler " Uicliard Kn^li " came alonijside tiie " Ariel " and tlirte oSiccrs from said " j{ichard h'ush '' boarded the "Ariel." 'I'lii; said otlicers examined and searched the "Ariel,'" asked the nundier of my crew, wlun I enteretl the sen, anil how many sealskins T had on board, and warned and threatened nic thai if I was caught takin;r seals, or with fresh sealskins on board, the "Ariel " would be seized, and myself and mate j)laced under arrest. The said ollieers also t(dd me that they had sei/.cd tin schooners " I'athlinder," '• lilack Diamond, " and "Minnie,'' and searched other Tcssehi in the sea. The otlicers then letl, and >horlly after the cutler sailed .'n'.ay. 9. Fearini:; to remain in Hrlirinu'- Sea !e>l 1 should lose my ves-el and be myself put in prison, I at once sailed for one of the pa>>es lending; Irom the sea. On thcXbt day of July I lost a boat with three men, and remained some days in the inuiiediate vicinity in order to pick them up. On the 'Jlst Auj.c'''^^ the '"Ariel" sailed out ct Bcbring's Sea, homeward bound, with ^4A sealskins on board. On the iind day of Sejitember the "Ariel " arrived at Victoria aforesaid, fully one month earlier than the usual time of arrival for scalers from I'elirin;;'.-. Sea. 10. From the actual number of seals captured by the "Ariel" before beinj.' boarded as aforesaid and from the muniier actually captured by other sealin{>' vessels, with about the same e(piipment of boai> and men as ihe " Ariel.'' I believe that bad the " Ariel" not been molested in Hehrinss Sea land but for such boardinii- and threuleiiin: as aforesaid she certyinly would ha\c remained the lull season) the said " Ariel " wouifi have made a total catch of not less 2,0' Mi sealskins. II. The selliuf^ price of sealskins at said \'icloria on the said arrival of the "Ariel" and on the Ist October, about which time sealinfi; vcskcIk usually arrive ai Victoria from a full season's voyage, was m dollars jier skin. 12. 1 for niyseir, the said John .M. Taylor, and the said liella H. Lawrence, ni.v co-owners in said schooner •Ariel," and likewise for the crew of the said '•.Ariel on said voyage who wen- and are entitled to share in the total catch of sealskins by saiJ vessel for the full season aforesaid, claim dama<;es of and from the Oovernnient of the United States of America for the illej^al boanlini;- as aforesaid of the said sehooiiei, ami for liavinjj; by threats and intimidation broken u]) the voynji'e of .said schooner ''Ariel'' and thereby caused the loss of at least l,l,j(j sealskins to the said vessel, her onneri. and crew, and for lej^al and other expenses incidental to the preparation and subraissioD of this claim. 13. Hereto annexed, marked (A), is a statement of such claim for damages as aforesaid. And I, Samuel W. Bucknam aforesaid, make this solemn declaration conscientioujl.v bclievinn; the same to be true and by virtue of the " Act respecting voluntary anJ extra-judicial oaths." (Signed) SAMUEL W. HUCKNAM. Signed and declared by the said Samuel W. Bucknam the '29tb day of November, A.S. 1889. Before me, (Signed) Arthur L, Bfa^yea, A Notary Public by Royal Autkority in and for the Province of Briti:ih Columbia, wn twenty-four «!iid fl uly, and in 'Mo Fiu'loHuri- i in No. iTO, SiAii:Mi;NT (if I'liiini iiu:niii-t llic I'nilcil Sl.itos of America re l>i)iiriiing and tlireivtrt to Kci/.c tlic scliooMiT '• Aiicl " ill lu'liiiiii^ .s Sea, July :!(•, 1889: — •J,<»)0 «'iilskih>i tmiiniilcil iMlcli fur full s.uson. Ddl'iurs. Kit ,. iiiimlii r ii('tu:illy l'ik< n. 1,1511 „ liiihiiicr uf I'^tiiiiutcil ciiicli, cliirni'il in iliiiniiKc'< nt ft nioQ nf llils I'Litirii .. ,, .. .. .. ., ,, .. 'J50 'I'.iliil ., .. 1',1'JH Ami iiit'Tt'st lluTfuTi al l\iv rati' of 7 per rt'iii. [h'i mumuiii until ]i:uil. Tins is llic Stati'iiK^nt of cliiiiii rcl'orrcil to in tin' iloclarivtion of Samuel W. Buciinam, iimJo Itct'ori' MR' till' 2'.)lli .\ovi'nil)i'i', a.d. Is^l). (Sijincd^ A. L. BELYEA, Xotury Public. 1 lor damages a- i\o. 'jri. Sir .1. Piniiirffntc t(i Ihi' MniUjuift nf Saliahurii. — {liecriml Jniiiiary 22.) My r.iird, W'ltshnitjiiiii, JniuKinj 9, 1B90. WITH rolV'vi'iu'c to my deHiinlcli ol' tlii! 'Jf'itii ultimo, I liavc the lionour to iiicJD^i' iici'cwilh coiiyoi'a Hcsoliitioii wliicli liiis lictMi liiid upon ilic lalilo of the Senate by !*L'niitor I'hinil) in re2;ard to the iiilvertiseineul of the Secretary ol the Treiisury, invitinjif toiwlcrs fnr ii new lease of the Alaska seal Rshcrios. 1 have. &c. (Sijfned) JULIAN PAUNCEKOTE. Inclosure in No. 271. Extrdft train llif " ('inii/reKKloiidl RevonV nf Jaiiiinrij 7, 18!)0. AUmUii Srnl Fislirrlct!, Ml. I'liiDil), — I otl'er a Itesolution. which I ask may lie njion the table, and he lirinti'd. Tlif I'icf-I'rrsiili'iil. —The Kesolulion will he read. The Chief I'lcrU read as follows; — " Whereas the Secretary of (lie Treasury has, hy )ml)lie advertisement, invited bids tor loa^iiiu; tin isliinds of St. Paul luid St. (!e..ri!:e. in (he Terridu'vof Ala-.|;a, for a jieriod or(wen(y years ; and " .Vhcreas tiic law under whicli said iiroposnl is issued \vas p^i^sed ahou( twenty years since, ninl the circuinstnnccs and conditions existiuii^ in Alaska, and with reference to the seal imlustry, have nnilerially ehanu'ed iluriui; that pi'riod ; and " Whereas it has been cliariied upon the authority of a lat(! (Governor of .'Vlaska that the Alaska Comniereial t'oiniiany, now occuoyi'., .^lid islands uinler lease from the ("inveriiuieiit, has exercised its priviloircs oppressively and at^ainst the interests of both tin' natives and the (iovernmenl ; and " \Vlierca> said ('oni])any claims that it is the only jicrson or (n-!ianiza(i(m which can sui'c ssliilly c()inpe(e for the leasi' invited by the Strretary of tin' Treasury as aforesaid. .111(1 lliere is every reason to believe that umler present leui-lation and conditions the lease proposed will be made to said Alaska Conmuucinl ('*'<(>. 1 H.W'M till! lioiKiiir to iii('l()>i' liorowitli copy ot'n iiDlr wjiidi I Imvo recfivcil Iroiii iMr. Uliiiiic. coiiluiiiin^' the iuiswit of tlie I'iiIIlmI Statos' (Jovermiiciit In tlu' ihdIi'M which Mr. Kdwunli's mailo by your Lonlsliip's ilirt'i'lioii-i nu llii' li'th OcIoImt liw agivinst the sciziiic of Camulian vchsoIs made hv the rnileil States' IJevciiue ciittti " Rusli " in Ik'liriiig's Sea. I liave, \c. rsimied) -lULI.VN I'AUNCKFOTi:. Inclosurc in Ko. 27-. Mr. I}l(iinc to Sir ./. Pnnnri'fole, Sir, Dfjinrlment of Stall', Wdsliiiii/toii, Jiiniiiirii 'J'Jt. ]>^U0, SEVKRATi weeks liavo elapsed since I had (lie honour to receive tiiroiiirh tlieimnils of Mr. Ednardcs copies of two despatches IVruu Lord Sahshiiry,* coniplaiiiinf; i>f the course of (he United States' |{eveiiiie cutler •' liush" in intercept ini;- ('aiiiidian vessi'Ls sailing under tiic IJritisli Hay, and ensajred in takiiiLr fur seal- in the waters of the Behring's Sen. Subjects whicli could not he postponed have enuaj^ed tiie attention of this Depart. ment, and have rendered it impossible to pive a formal answer to Lord Salishurv until the present time, In the opinion of the President, the Canadian vessels, arrested and detained in the Bebring's Sea, were eii;j;a;!;ed in a ])ursuit that is in itself cnnlrn Imnos mini's — a ])iirsuit which of neces-,it\- involves a serious iind lu'rmanent injurv to the rights of the (Jovcrn- ment and people of the I'nited States. To establisli this j,q'ound, it is not necessarv to argue the (piestion of tlie extent and nature of the sovereignly of this (Joveriuni'Ut over the waters of the iiehriug's Sea ; it is not necessary to explain, •erlainly not to define the powers and privileges ceded by His Imperial .Nlajtsty tiie Hmprior of Hussia in the Treaty by which the Alaskan territory was triiiisferred to tin I'liitc! States. The weighty considerntioiis growini;' out of the acipiisition of tiiat territory, with all the vighU on land and sea inse])arably connecteil tberewiih, may he safely left out of view Hhile the grounds are set forth ni)on wl i."h this tiovernment rests its Juslilication for tlif action complained of by Her .Majestv s VJoveriniient. It cannot be uidinown to V.ci ^!aiest^■s (ioverniiieiit that one of the most valiiiiblo sources of revenue from the Alaskan pos-,essions is the fur-seal liNherie- of the liehiiii^'S Sea. These fisheries had been ' ■,<'c ively controlled by the (Joveriiiiienl of i'lis^ia, without interference and without qMC-.iion. from their original discovery until the co>sion of Alaska to the United Slates in J HOT. IVom isiiy to issii the ijossession, in wliidi Ivussia bad been nndistnrbed. was enjoyed by this GovernmeMt also. There was im interruption and no intrusion from any source. Vessels from other nations pas.-iiig Iron: time to time through JJehring's Sea to the Arctic Ocean in pursuit of whales bad ahvn}.- abstained from taking part in the capture of seals. This uniform avoidance of all attempts to take fur seal in those waters had been a constant recognition of the right held and exercised first by Uiissia, and suhseiiuently !)V this Government. It has also been the recognition of a fact now held b(;yoneiils is at tiii' scii-cii wiieii lliey Iti'tiilic I liein-i'lve>' (o ilic I;iii(i. Iiei'iiiiso ti.e liiiid is tlio only pliicc wlirii' till' H'fesMii'y (li«('riiiiiri:itiiiii ciiii lie iiimle !is to the nije iiiul sex of tin' .'eiil. it Hoiilil seen, 'hen, liy f.iir re isonin^', tliiit mil ions iiot po-sessint; the territory niinn which ! can inereii>c Iheir ninohers hy imtiuiil yrowih, inul thus nll'ord nn iinniiiil HU]),)ly ot «kin^ tor (he i^e of niHnkinil, should refrain Ironi tlie -liumhter in open sea, wlieic the ilcNtiiii'don of the species is sure and s»itt. \ftcr ihe ai(|ui»ition of AhisKa. tiie fiovernnuiit of the I'nilod Slates, iliroiifrji Odinpi'lenl ajreiils, worKiii^' under llie direction ol' the host expiits, in tlie ag!,'regalo to more than lL',i"iil,(Hjl) dollars. The entire husincss was llnis eonducied pcacfully, laufully, and profitably; lUdlitaldy lo the I'nitcd Stall's, for the nnlal ttu> yieiiiin;,' a moderate interest on the iiiri;i: slim which this tJovernment had ]»aid lor Alaska, ineiiuiin;; the rii;'lits now at isiuc; ]iriilitahly to the Alaskan Company, which, under (Jovernmental direelion and restriction, had f;iven unwearied jiains lo ihe care and develoiiineiil of the lisherics; prorilahly to the Aleuts, who were reeeivinj;- a fair picuiiiary reward for their lain us, and were ekvaled tVoin semi-sava^'-ery to eiviliz ition. and to liie enjoyment of school- and churches provided for their heiielil hy the (ioveriimeiit of the I'niied Slates; and, last of all, prnritiilily to a larije hody ot {■Iin^lisii lahourcrs who Ii.miI coietan: employment and received j,M)od wages. This, in hrief, was the condition of the Ahiskii fur-seal lislieries down to the year Issii. The precedents, euMloins. and rifihis had been eslahli-hed and enjoyed either by Kii-siu or the United Stales for nearly a century, 'i'lie two nations were the only I'owers tliMt ouned a foot of land on Ihe eontinents that bordered, or on the islands included within, the Mehrinu's waters where the >eals resort ii> hri_eil. Into this peaceful and Secluded lield ol labour, uiiose heiielits uere so ei|iiila' ly >iiared hy ihe native Aleuts id tlie rrihyloll' Islands, iiy the I'liiteil Stales, and hy ICniilaiid. certain (,'anadiau vessels in Issi'i 8s~eried their ri;;ht lo eiiter iind, h\ llieir ruthlos coiir-e, to destroy the iisheries, and with I hem to destroy also the resultini;' industries wliiidi an so vahuihle. The (hivrrmiieiil of the I'niled Slaies at once proceeded lo check this movement, which, iineiiecked, was sure lo ihi ureal and irreparable harm. It was cause of unfeinned surprise to the United Slates that Her .Majesty's Govern- iiieiit should immediatelv interfere to defeinl and encouraiie C:-ure!) lo eiicoura;;e by deleiulin;;) the course of ihe (,'anadians in dislmhiu^- an indu>lry which I'.aii been carelidly develojied for more than ninety years under the llaj;-- o{' iJusvia and the United iSiiitcs. developed in such manner as not to inlerfeie with Ihe public ri^ht^ or ihe ])rivatc iiulustries of any other people or any other perMin. Whence did the ships of Canada derive the ri^hl lo do in 1>>I) (hat wiiiidi liiey had rolraiiicd from doiiiy; for more ihan niiielv years r Upon wli.it i;rounds did Her Majesly's (jovcriinieni defend in the year l,Si" a course of conduct in the r>idirinj;'s Sea which she had carefully luoided ever since the diteovery of ihat sea? by what reasoning- did Her Majesly's (Jovernment conclude that an act may be coinmilled with impunity against tjio rifjhts of the United States which had never been alteinpted against the same rii;hls when held by the Russian Ijiipire r So f;reat has lieen the injury to (he lislieries from the irreunlar ami destructive slauLrhter of seals in the open waters of the IJehrinj-'s Sea hy Caiuidian vessels, that whereas the Government has allnwed lOdJiOO to he taken annually for a series of years, it is iiinv eoin]ielled lo leduce the number to t)n,(;t)l). If four vears of this violation of nalural law ;ind neiglihour's iit;lits has reduced the annual slaULihter of seal hy 40 per cent., it is easy to see how short a period will he reiiuired to work the total destruction of the iisheries. The ground upon which Her .Majesty's Goveriimeni justilies, or at least defends. 398 the course of the Cnnadiaii vesselH, rests upon tlie fact tliat they are coniniittini; their acts of (k'struetion on tlie liii;li seas, viz., uuire than ■\ marine miles tVoiu tiie siiore-hiK! It is doubtlul wliether Her iMiijestv's (iovernuicut would al>id(' \ty this rule if the atlciniit were made to interfere «ilh the pearl lisiieiies of Cevlon, which extend 20 miles frum the shore-line, and liave been enjoved hv I'ji!;!and without molestation ever since their acquisition. England has felt authorized to sell the ti-.liery riijlits from year to year. Nor is it credible that mudes of lisliinj>- on t!ie (Jrand llanks, alioiretlier iiraoticable hut highly destriK'live, would he justified or even ])ennitted liy Great Ikitaiu on the ])k'u that tlie vicious acts were committed niorc than .') iniles from shore. There are, accordiu!;- to scientific authority, "great colonies ol' lisli on the New. foundland hanks. These colonics resemble the scats of jjjreat ifopulations on laml. They remain stationary, havinjr a limited ran^'c of water in which to live and die.'' in these great "colonies.'' it is according to expert jiulgnu'iit coniparatively easy to explode dynamite or giant powder in such manner as lo kill vast (piant'ties of lisli, and ui the same time destroy countless nnmbers of eggs. Stringent laws have been necessary to ])reveiit the takin::' of rish by tlie use of dynamile in many of the rivers anil lakes of the United States. 'I'he same mode of tishing could readily be aernnienl has declined to accejit tlif jiroposal of the United States. The J'resident now awaits witii deep interest, nut unmixed with solicitu- sua;gestiou for a rciisonjiiile adjustment of the |)oiuts at issue lietween the two (iovernnienis." you should now nnrke proposals in ih(? sense exiilaiiiecl in your des])atch of the 1st Xoveniber last, with the Miodilications wiiich, after consultation with the Colonial Ofiiee, have been cmi'-idered necessary. 'i'lie follow iiij;- are the terms which 1 fer .Majesty's Government would be prepared to authorize you to propo-c lo .Mr. lilaine : — i( . I That the tripartite nc!;()tialion for securinji; a close time in Rehring's Sea for the iiriilcclion of the fur-seals should be resuTned at Washington. (II.) That all wcU-lounded claims for compensation nst of their ves.sels by authorities of the United Stites should be (Iciilt widi In" a separate neuotialion as speedily as possible, but that it should be uiiilersl"od liiat ller Maiesi\'s (ioveiiinient must be satisfied on this point before they cnu enuie lo any seillenient in regard to a clo.se season. ('■.) Lasdy, that an assurance should he obtained froni tlie (iovernnient of the I iiilcd St ics that there shall ho no further sei/.uies of Uritish .ships in Beliring's Sea while negoliuiions are proceeding. L am. ite. (Sinned) SALISBURY. Xo. VH. •>'(> ./. I'fiiiiicetoie to lite Ma. jUi.v o/ iinliiMury. — {Received by telegraph, January 30.) M.\ Lord, fVaxhiiigtoii, Jiinvnry SO, 1890. I HA\'E the honour to imorm your Lordship that I think it is important that 1 sli(ail(l know the total aniounl. of compensation ivhieh is claimed for tlie se;/ur3s of lirilish vessels in Hehrings Sea up to date before making the propcsals indicated in }'or. I,i,ril.sliip>, II legram ol' the liS'.h instant. 1 have told Mi. Blaine ihul ller Majesty's Govern.'nem must have satisfaction on this poiiii bei'ore they can aj;ree In any sellli'ineiit on the other questioit, \rgiiiiig from his stand-point he denies any right of compensation, but he is willing, " i' sake (jf. settling so grave a (lis])Ute, to consult the President oi the I'liitcd States us to a ;,ra:uu lus ulfer of a lump sum in fiiil saiislactioii, in oruer that di.■^cussio^8 on ili'ins invulviug jirinciples on which the views of the two (loveniinents appear irreeon- cilable may be avoided. He has, therefore, uskeii mc lo ol)tain tlie above inforuiatiou as 8001) lis possible. If this (iilliculty be surmounted, negotiations lor a close season might bo commenced lit once, sulijeet to adequate assurances against lurther seizures, wliich, 1 think, I might he ahle to oiitain. I have, &c. (Signod) JULUX PAUNCEFOTE. 41 io Cn/niiifll Oll'iri' to F'lri'ii/)) ()l/'ir>\ — ilifrriri'il Fcliiii'ini 1.) Sir, DoiriiiiKf Siri-rl, Jniiitnii/ !M, 1800. I AM (lire<'t('(l 1)V l-oril Knat-fonl (o Iniii-niil to voii, io lie laid Uetbrc tlic Marquis of Salishurv, a co])y ot a ('uspatcli iVoi'i llic Crovcrnor-l Si'iioial of Caimda. forHardins; a claim to coinpeii-ation on liolialt of tli? owikt of tlio Hritisli scliooniT '" Kate," wiiicli vessel was ovdcroil from flic Melirinu's S(>ii in A!i;;ns( lii^t hv an olficur of the United Statvs' IvevoiUH'-t'ntter " Ricliaiil linsli.'' I am to add that this claim had not ])reviou>ly ln'cn received, and Lord Knutst'ord has inqnired, hy telegraph, whctler any inrtlier claims are to he expected. 1 am. &c. (Si-ned) JOHN RItAMSTOX, lnclo"-Mre J in No. •_'7.'). LnrrI Sftiiih-ii iif I'rrstiiii I'l hi.'ril Kiiiilst'nrd. My Lord, (iorrnniirnl llmmi', O/linni, .IniiiKlii/ fi, I8!)0. I H.VVl'j tlic hononr to forward iici'cwitli, for transmission to the I'ldted Statos' Government, a copy of an ajiin-ovcd IJcport of a (."ommittee of the I'rivy Council suhmittini;- declarations and formal statement of the claim to compensation on. hclialf of the owner of the r)riti>h scliooner '-Kate," which vessel was on tiic- ]3tli .\nj:;iist last, while enjfa^red on a sealing!; voyase. ordered from the Helirini;'s Sea, nnder threat of scizine, !iy an olllccr of the Cnited Slates' Hevenue cutter " Richard Rnsh." Your Liirdshi|) will ol)scrv(> that Ih,' claim amonnis to the snm of 1 I, "Jin dollars tor loss incurred hy reason of the said vessel hein;;' interferred with in the legitimate pursuit of her callini;-. ami is adv.niccd l)y Mr. < liarl''> Sprin;;-, of \'icloria. Hriti-li (Johnnhia, as sole owner of the vessel in question. 1 liavi", SiC. ^Si-ncd) STANLEY Of I'HESTOX. Inelosnre i in No. •2~5. Report of n Committee of the Honounililc I lie Viiitj Cninitil, (ijijirurcit liij liin E.irflli'ncii i " fjnrcnior.Gcneral in Ctmiicll on tiip 2^lii Drri'mlifr. 1i*8!1. ON a I'cp^'rl. elated -7th DecemlM'r. 1i*8'.l, iVom the Minister of Murine ami Fisheries, snlimillmn' the ap]iended declarations aiul tornial statement of the claim ('■ cotn])cnsatioti on liehalf of ilie owni'r oi' the liriii--li schooinn- •' Kate,"' which vis-el wk on the l-"iili .\iii;'n«t, ISs*!*. while en^a^■ed on a sealing- voyage, ordered IVoii tlio Behrinrc's Sea '■-^o.calleil i muler threat of -eizme iiy an ollicer of the United State*' Revenue-cutter " Richard R'.ish." The Minister rihserves (hat the claim anioimf^ to 1 1,'Jlii dollars for los> inciii'rcil by reason of the said vessel heini;' interfered with ii, ihe le^itinuite pursuit of her calliu?. and is advanced hy Mr. Charles Sprini;'. of \ icioria, Uriti'-h ''(dnmiiin, as sole owner ot the schooner in (piestion. The Minister recommemls thai this claim lie I'oruarded ihron;;'!! the prnpor channel lo Her Majesty".' (lovernment t'or tiansniixsion tu the (Joveriimcni of tin' United States. The Committee advise that your Ivxcellem'y iie ved to '.;-v\ard a copy of thi? Minute, together ivith the ])ai)(.'r- nuMilioned herein, le the Riylii lionomahle the Secretary of Sl„(e tor the t'n|oniid)mitted for your l'",vc idcncy'.'i apjiuiv;i,. (Signed) .1011 N ,). MrGlil-:, Cler,'-. Prii'ii Cnininl. ■■,':*■ 401 •1/ 31, 1800. I' tlie Marquis , forwardinsii • Kiite," which of tlio United lord Knutsford {AMSTON. ■ihi/C, 18!W. I'liited States' I'l'ivv Council 11 OP. bcliait' of li .\iis'iist last, imlor tlireat of 1."' .■JIH (liillars for ;itiiiiati: iiiirsuit 1 (^oliiniliia. as l'l!l':STON. s li.vrclli'iiru i ol' Mnriiu' ami of tlif cliiiiii li^ vliicli vi's-ol wfiE Icri"! l'ro:ii the United States' ,> .,, . „. Afjpetidix, CaniiJa, ■province of 'feWtish ColufhWa, City of Victoria. I, Neils Mobs, of the city of Victoria, province of British Columbia, Dominion of Canada, liiaster mariner, do solemnly and sincerely declare as follows : — 1. The hereinafter mentioned scliooner " Kato " is a British vessel, registered at the port of Victoria, British Colnmhia, and owned by Chii'les Spring, of the same place. 2. On or about tiic Ist June, lfi'^9, [ cleared the said schooner " Kate," as master thereof, at the Customs-house, port of Victoria, for a fishing and hunting voyage in the North I'acitic Ocean and Bchring's Sea. On the following day the " Kate " .sailed on said voyage, fully equipped and provisioned for a whole season's voyage, and carrying a crew of four men. 3. On the west coast of Vancouver Island I engaged and took on board si.xteen Indian hunters and sailed northward, entering Bchring's Sea on or about the 20th July following, having then on hoard twcnty-fonr seal-skins caught outside Bchring's Sea. 4. A few days after entering the Sea the hunters began taking seals, and continued to do so up to the 13th August following, on which day the "Kate" had on board 630 ical-skins. 5. On said 13th August, at about G o'clock in the eveninsr, the United States' Revenue- cutter " Richard Rush " steamed up to the " Kate," within hailing distance, and an officer asked nic what I was doing. I replied that I was fishing. He .said that he had onlcra to order all schooners out of Hehring's Sea if caught sealing, and if he saw me again in the Sea he would seize nie. The wind was blowing a gale at the time, and the cutter .steamed away. 6. In consequence of what had been said to me by the officer of the said cutter I at once determined to leave the Sea and not risk seizure, and on the IGtli day of the said month of August the " Kate " sailed out of Bchring's Sea by the Ounimak Pass, and Bailing south reached Victoria about the 10th September, after some days' delay on the ffpsi coast of Vancouver Island. 7. Ik'fore being spoken by the said cutter, my intention was to remain in Bchring's Sea until the 1st September, and with the hunters I had and average weather 1 verily b(,:"ve Hmt by the 1st September, had not the " Kate" licen ordered to leave the Sea .fiid chre tened with seizure if seen again by the said cutter, the said " Kate" would have siiude u total catch of not less than 2,000 seal-skins. The best part of the sealing season i ' ■■ sitid Sea was about beginning, and in the three days just preceding the said ■" h . i;.';Hst the liunters on the " Kate " brought in about 30i) seal-skins. ', Nf'ils Moss, aforesaid, make this solemn declaration, conscientiously believing the siu ' ro 1)1 Mue, and by virtue of the "Act respecting extra-judicial oaths." (Signed) NEILS MOSS. .'^irrned and declared by the said Neils Moss, the 7th day of December, a.d. 1889, bcl'ore me. (Signed) A-Tiiru L. Bi;i,vi:.\, Notary ruhiir liy Roijtil Authorili/ in niid for till' Province nt Ihilisli ('oliiiiihiii. iss incurved hy if her calliui. sole owner nt ill tiK' riimciit proper of thi* d ii I'opy of thij li(.niMiriilde the Ki;, Prill)/ Cinnini t'aiiiuhi, Province of IJritish (.'olumbia, Victoria. I, ( Imil' s Spring, of the city of \'i.-toria, iirovince of British Columbia, Dominion •I (-'iiiiudn, trader anil sliip-owner, do solemnly and siiiceroly declare as follows: — '. 1 am I'.ie sole owner of tlu; schooner " Kate," of the port of \'ictori;i, aforesaid. '.'. I have read the declaration of Neils Moss, the master of said sclioouer on a scaling voyage to the North Pacilic Ocean and Bchring's Sea in ISSSt, and verily liclicvc the same to lie true. "■. 'I'lie market value of seal-skins at \'ictoria, aforesaid, at or about the time the "Kale'' arrived from said voyage and since that time, was, and now is, 8 dollars |icr skin, I. 1, on my own lii'half and on behalf of the crew of saiil schooner, claim damages ol and Irom tlu^ (ioveniineiit id' the United States of America for having, by force of (fireals and intimidation, compelled the master of said scliooner on .said voyage to leave lUdiring's Sea before the close of the sealing season, and thus depriving the crew and owner of said vessel of the benefits and profits of a full season's catch of seal-skins. [128] 8 r 402 I also claim compensation for legal, personal, and other expenses in connection with the preparation and submission of this claim for damages, and hereto annexed marked (A) is a statement in detail of such claim. And I, Cliarles Spring, make tliis solemn declaration, conscientiously believing the same to be true, and by virtue of the " Act respecting extra-judicial oaths." (Signed) C. SPRING. Signed and declared by the said Charles Spring, the 13th day of December, a.d. 1889, before me. (Signed) Aiirnru L. BEiiYEA., - A Notary Public by Royal Authoriiy in and for ike Province of British Columbia. Dollara. fri ,MENT of Claim by Owner of schooner " Kate." !i,000 HCttl-skins, estimated ontch l)y '• Kiite " for full scnson of 1889 in Itoliriiig'a Sett. 630 le!B number taken up to 13th AnxuKt, 18R9. 1,370 Imliince, iit 8 dollars per skin .. .. .. ., ., 10,960 Legal and other exi)eiises in prepnr.ition and Kubmissinn of this claim .. 250 Total 11,210 .^nd interest tliereon at 7 per eent. until jjaid. This is the state lent (A) of claim referred to in the declaration of Charles Spring, m^e before me the 13th day of December, 1881). (Signed) A. L. BELYEA, Notary Public. No. 27G. 7%e Marquis of Salisbury to Sir J, Pauncefote. — {Substance telegraphed.) Sir, Foreign Office, February 1, 1890. I HAVE to acknowledge the receipt of your telegram of the 30th ultimo, asking to l)e infonnod what is tlie total .imount of the compensation claimed on account of the British vessels seized up to dute liy the United States' authorities iii Behring's Sea. You are autliorized to inform Mr. Blnine that the claims which have been presented to Her iMiijesty's (iovernuient amount to about oOl),000 dollars. Her Majesty's Government would, of eoursc, be willing to subject them to further examination, and probably consideral)!*! reductions would be found to be admissible. Should did'crencos of opinion arise as to the amounts to be awarded in the several cases. Her Majesty's Government niiglit not be indisposed to agree that they should be referred to arbitration. I am, &c. (Signed) SALISBURY. No. 27;. The Marquis of Salisbury to Sir J. Paunrrfnte. — (Sulistam: ■ telegraphed.) Sir, Foreign Office, February 1, 1890. I HAVPj to inform you that the claims for coin])ensation for the seizure of British vessels in Behring's Si-a, submitted by the Canadian Government, Imve been revised at the Colonial Otticc, and should not exceed 400,000 dollars. A summary of the various claims will be sent to you by mail this evening, I am, &c. (Signed) SALISBURY 403 ■ ' ■ _ ' ^ ;:. 1 . ■ --■ ■ ■ jf„_ 27g_ '• ■• ' • •■■ . ■ ' " •' •■ ; ' ■ ,; I .* Forriijn Office In Cnlntiinl Offire. Sir, Forehjii Office, Fehruarxj 6, 1890,' I AAI directed by the Marquis of Salisbury to stiitc (Imt his Lordsliip would be glad to be favoured with any ob»crviitions wliicli Lord Knutsford may have to offer on the reply of the United States' Government to the protest of Her Majesty's Oovernment ajjainst the seizures of Canadian sealin^-vessels in Beiirinij's Sea by the I'nited States' autliorities.* I Hin, &e. (Sioned) r. CURRIE. Xo. 279. . . .; Colonial Office lo Foreiyii Office, — (Recetiecl Fejiruunj 7.) Sir, ' ' Dniriiiiiij Street, Feliriwry C>, 1890. Wrril reference to the last paraj^raph of the letter from this Dep.irtnient of the 31st ultimo, I am directed by fiord Knutsford to transmit to you, for the information of tiic Marquis of Salisbury, copies of tele;;rapiiie correspondence with the Governor- General of Canada respectiny; the claims on account of the suizures made by the United States' Revenue cruizers in l?ehrini;'s Sea. 1 am, &c. (Signed) ROr.i:RT G. W. HERBERT. Inclosure 1 in No. 279. Lord Knutsford lo Lord Sttinhi/ of l're> .'^ea, extending from the l.'ith .'\|iril to the 1st Noventber, that the present advertisement would indicate on the part of the U.iited States' authorities the intention to continue that monopoly of the seal industry which has existed for the past twenty years, regardless of any close season applicable to the breeding grounds or rookeries of the seals. The Minister notices that the oidy important difference between the terms of the proposed lease and those in the lease held by the Alaska Commercial Company, expiring in May 1800, is the limitation in the number of seals to lie annually killed, wliitli is stated to be (iO.dOO, instead of lOO.OOO, lor the first year, the number to be fixed by the Treasury l)ej)artn!ent for succeeding years. The .Minister desires to point out that the months oi)en to the lessees of the breeding; grounds for killing operations, during the next twenty years, are June, July, Se])teinber, and October, or four of the months in the middle of the close season proposed by the Honourable Mr. Bayard on behalf of the United States' aiithorilies. It has already been contended by your lixcellency's advisers that the dates then proposed by the Honourable Mr. Bayard were fixed to practically exclude from fishing operations all vessels likely to frequent thcst waters for that purpose. The Minister observes that in support of the Honourable Mr. Bavard's proposal, il was contended that the British and other sealers were in the habit of killing ami wounding the cow-seals with their young, and that therefore the necessity for the close season proposed by him was all the greater in tlie interest of the fishery ; but upon this it may lie said that the British vessels seized or expelled from the Behring's Sea, almost willioiit exception, entered that sea, in the month of .luly, or during the height of the killiii,; season of the Alaska Commercial Company, and as the female suals (according to the United States' authorities) repair to the rookeries in June and July, where iliey soon after bring forth their young, the opportunity (or sealing-vessels to kill females witli pup in the open waters of the Behring's Sea must be very rare. The Minister is of opinion that the attention of Her Majesty's (Jovcrmncnt should Le called to this state of facts, and that they be informed that your I'vxcellency's advisers are under the apjuehension that tlit; said lease may interfere with the projiosed negotiations for a close season for Behring's Sea. The Conmtittee concurring, advise that your I'lxcellency be moved to forward ii tony of this Minute to the Right HonouiMble the Secretary of State for the Colonies, for the information of Her Majesty's Uovermnent. All which is respectfully submitted for your Excellency's approval. (Signed) Joii.v J. .Mt Gki;, Clerk, Privy Council- Appendix. [See Inclosure in No. 268.] Escellencij the 407 No 280. Sir .1. Paitncefote to lite Mariyuis of ^(ilisliurj/. — (lieceired h\j tdeijrnph, Fehriiiirt/ II.) My Lord, Washinijlon, Fehruunj 11, 1R90. I COMMUNICATKD the substance of your Lordship's telegram to Mr. Blaine late yesterday eveninjr, and he consented to your Lordship's proposal to comnience the tripartite nogotiation and the assessment of damages at once. Ho said, at the same time, that he would comraunieale witii the Russian Minister here on the suhject and inform me of the result, witii a view to common action by your Lordship and himself in inviting Russia to participate in tlii.- negotiations. I have, &c. (Signed) .TIJLIAN PAUiNCEFOTE. No. 287. ],OTd Knutsford to Lord Stanley of Preston. — (Receirrd al Forelyn Office, Fehruarij 12.) (Telcgrnpliic.) Downinij Street, February ]2, 1890. INSTRUCTIONS sent to Minister at Washington to commence negotiations for estahiisliment of a close season, and provisionally for .issessment of claims for damage; lie will also he directed to communicate with you as to fixing time for Representative of Dominion Government to assist you at Washington. No. 288. The ^farir, Foreign Office, Feliruury 14, 1890. [ ILVVI'] to inform your Excellency that llor jMajesty's Government have agreed «itli tli.'it of the United States timt it is desirable to resume the negotiations, which oeasod in 1888, between Great Britain, Hussin, and the United States for the cstaljlish- mcnl of a close time for seals in the Behring's Sea. 1 should be glad if your Excellency would invite tlii' l{ussian Government to jjive instrnc'tions to tlieir Kejjresentativc at Washington to take part in negotiations tor tlio ))uri)ose. I am, &c. (Signed) SALISBURY. No. -JSi. ovemment to W9 iNo. 291. Sir li. Miiiii'r In llir }[iii(/i(i.\' of SitH.sliiin/.'* — 'Rvreifod In/ li'lfi/raph, F/'hriiun/ 2^.) My l/,nl, St. Pvlershimjh, Frhnuiri/ 23, 18!»0. ON rccfipt of your Lorilslii|rs tc'li'y;rain nt' llu' 1 Uli instiiiil, iiistnictinf^ me iiKluiic ol tlic IJussiiiii (Jovciiiipicni wliclliir llioy wimld ('oiiscnt to llicir Minister at \Viisliiiii:tiiii lnif jmrl in (lie ju'^^otialions respectinij a eloso time lor seal-lisliiiifj, Hliicii IliT MaJcHly's (Jovernmciit and the United States' Oovernmcnt are anxious to ii-iiiMc. I III once a(idre>sed a not(! to M. de (Jiers in lliis sense. 1 liiive now (lie liononr to transmit to yotir Lordsliip a copy of tiie reply wlilcli I that tlie Itiissian Minister at Washington lias part in the negotiations as desired by your liiivo received from M. de (Jiers, slatini liocii iiisdiu'led liy telegiiipli to take I.DnUiiip. I have, &c. (Signed) It. B. D. MORIER. n Government lueloHurc in No. 294. M. (If (tiers to Sir li. Moricr. M, rAuihassadeur, Siiinl-Pc'lvrshouKj, h !) (21) I'Vrrler, 1890. .I'AI re(;ii la note (|ue votre I'^xeellenee ii iiien voulu m'adrcsser en date du 1) (1 5) Cdunint aii siijet de la reprise des negoeiatiens, interronipties en 1S3S, relative- mont a la fixation do la periode diinint huiuelie la cliasse aux otaries serait diifendue. Le Cabinet Iniptrial elaiit viveinent desireux de nieltrc unc lin aux discussions It aux iiialentendus, aux(|uels I'ab^enee de tout r('''gl(;ment u ce sujet est de nature ;i (lomier lieu, le ^linistre de Kussie a \V'a.shingtoii vient d'etre autorisd- par teh'graplie k inciiilie part aux negociations eu (luestion. ICii me I'aisant un devoir d'iiiformer votre Excellence ile ee (jui preetidc, jc saisis, kc. (Signc) GIERS. (Translation.) M. rAmbassadeur, St. Pvtetshurgh, Fvhrunnj 9 (21), 1890. I HAVE received the note which your Excellency was good enough to address to nu' (lU the ;3rd (IJtli) instant, on the subject of the resumption of the negotiations, lirokcii oil' in 18S8, relative to the fixtiiie of a period chiring which the hunting of t'iir->oal-. should lie prohibited. Tile Imperial Cahiiut earnestly desire to ])ut an end to the discussions and mis- iir.iicrsliiiuliiigs to which the absence of any regulation on the subject is ealeulat' ' to V'ivc rise, and the Minister of Russia at Washington has accordingly been authon/cil !iy tcle;;rapii lo take |iart in the negotiations in (|uestioii. Wliile inaking it my duty to eonimunicate the above to your Excellency, I avail, Sec. (Signed) CJIEKS. No. 296. Colonial OJfice to Foreiyn Office. — {Received February 22.) Sir, Downing Street, February 22, 1800. WITH reference to the letter from this Department of the (Uh instant, I am Jirc'tcd by I^ord Knutstord to tran.init to you, to he laid before the Manpiis of *^:ili^liiiry, a copy of a despatch from tlie Govcruor-Oeneral of Canada, forwarding the cliiim for conipeiisaticm in the case of the British schooner ".Minnie," which was seized I'v tile United States' Revenue erui/.er " Kichard Hush " in Behring's Sea last year. This claim completes the list of claims on account of these seizures. I am, &c. (Signed) JOFfN BRAMSTON. [128] Substance scut to Sir J. P.iuncefotc by tclegrapb, February 22. 3 G 410 liu-losun; I ill No. 296. IjiiiiI Sliiiilfi/ III Vivsliiii tit Laril KnulsfnriL My l^oni, (III mil III nil llniisf, (Hliiini, i'lluuanj li, lSi)(. WITIi rofiTciu'i' t(i llie Depiity (ioviriiDi's (li's|iiitcli of llie ^'Uli Si'iitfinlicr last roliitivc lo tlio soiziiro in HnliriiiK's Son of (ho Uritisli seliooiior " Minnie" \\y tlio I'nitiil Sliites' Kevi'iiiii' ciitliT " Hicimid Hush," 1 \\ti\v Iho lionoiir to tran.-niit to your l.drdslnp a copy of all iiiiprovi'il IJi'iiort of a ('(iiimiilU'e of tiic I'rivy Council, sulimillinf; formal .Mtiiti'iiU'iitK and claiiii iif tliu cHiior, Mr. \ ictor .lacolisoii, nf \'ictoiia, Uritish (.'oliiniljia, aiimimlini; 1(1 ihc Slim of l(J,l()(l ilojhil's. 1 liavi'. iScc. (Wgncd) STANLHV OF IMIKSTON, liR'lo.siirc -2 ill No. L':i.'). Ri'imrl iif (I ('i)iinnilli'i' of the llimoiiriiblr the Piivij Hoiinvil, iip/irovi'd by his K.irellvnnj ll,' '•orpninr-GenernI in Cminril iin thr 31.ii/ .hiniiary, 1890. ON a Kc'port dateil the itlth .laiuiary, 18!}0, from the Minister of Mariiii' and l''islieries, siihinitfing, witli ref'cveiice to ihe M'iziirc in tlie Bclirinji's Sen of the Hrilish •scliooiUM- '•Minnie" (llie cireuinstaiices attciuliiij;- which were iletaiied in a MiiiuU' nf Council daU'd the 1 Ith Septcinher, ISS'.li, formal slateiiicnis and claims hy • (nvmr, Mr. \'ictor .Incohsoii, of Victoria, ISrilisli ('oliiinliia, lo coiiiiiensiitioii lor lot tciI k reason of the seizure of the .said vessel, and tlie forcihle removal (her 'i tho United S(a(es' lievenue cutter " Richard Hush " of ILM) seal-skins, and guns, , .uis, &c,, lis well as for the value of the catch for (he hnlaiice of (he season had the vessel not been interfered with in (he legitiniale pursuit of her calling, which claim aggit'galf: H;,-1(JII dollars: 'i'lie Committee, on the recoiiimeiidatioii of the Minister of .Marine and Fisheric-, advise tliat your Ivxcellc'icy he moved tu forward copies hereof to the Right HonoiiraWt the Secretary of State for the Colonies, for transmission to the Government of (lie I-nitoJ States. All wiiicli is respectfully submitted. (Signed) JOHN J. McUEE, Clerk, Privy Council. Inclosure 3 in No. 21)5. Declnriitioii nf Victor Jucobson. VAty of Victoria, Province of British Columbia, Dominion of f'aiiadn. r, VICTOR .lACOBSON, of the city of Victoria, in (he Province oi Mi^h Cohiinbia, Dominion of Canada, nia.ster mariner, do .solemnly and sincely decliu'i; ■!« follow.s ; — 1. That I am the owner and master of the British ves.sel " Minnie," 60 toii.s bunion, registered at the port of Victoria aforesaid. •2. That ill the lirsl part of the month of May last 1 cleared the said '• .Miimii'" at (he port of N'ictnria for a siiiliuM and hunting voyai;-e in the North Pacific Oecnii nn" I'eliriiig's Sea, and sailed inimediately .ifterwards. 3. I had a cre« of live white men and sixteen Indians, with two boats for white liuntcr.s, eight canoes for Indian liiiiitevs, and completely iirovisioiied and eiiuippcd tifi full season's luiiiting and sealing in northern waters. 4. On the I'Ttli day of .June last 1 entered the Behving's Sea, throiigh Oimi"* Pass, having then on board about lid seal-.sliins caught on the way up from N'icturiii. "i. I iniiiiedialely ..'iigaged in hunting, and sealing and continued lo ilo si> un'^l (lie |."i(li .(uly last, a: which date 1 had on board t2ti sealskins in all. (i. On that il.iy, tlie l.itb .Inly lust. ab(mt I o'clock in the afternoon, I sijrliteil:' steamer bcariiig down upon us, which proved to be the Inited States" Revenue stcaintj " Richard Hush.'' When within hailing distance, an ollicer on the said " Ku.sli " i"i"'-''' out (o me to lieave-to, and I did so , a boat was sent olf from the '' Rush '' with t»i' officers and ten or twelve men. The officer and five or six men came on hoiiril tl"' " Minnie." The olficer in eomniand asked me for my paper.s, which I handed to lii™ 411 •' I'KKSTON, I in K.vctllencii tht " 60 tons bunion. III' llnii ii>luil iiic wlifii I ciileioil llif Mil, ami how niiinv .skins I liiitl. I lolil liiiii, tiii>I III' Willi liiick to (III! '■ IJiisli." Ill ii sIhiiI, lime In- roliiiiifil and loM jiu; he would take :ill ilii' .skins, si'izi' ui,v Mi.ssrj.and simhI Iht lo Silk:i in ■.•iiai-;;e 5 iniics north-we.st hy west Irdiu Oiiiiiinak I'ass, and ahout ihe same dislance from Ouniniak Island, the nearest land. s. An hour or so alter the " liiish ' weni away the man left in <'har;;e showed me liis»rillcn inslruclions from Captain Shepard, of the " Kichard Rush ;" as nearly as 1 can aMminlier the direelions he was to deliver the" Minnie" to the United Slates' authorities ;il Silka, iind ]place her cajptain, myself, and mate under arresl. I at once made uji my iiiiiiil lo stay where I wa-; and caleh what seals I could. Ne.xt morninj; I nnide new -|ii;M- lor th(! Indians and sent them out sealinii-. I remained in the sea up to the Ifith AuniM followiu};. ami in that tini'j eau^rht (SO seals and ei^lit sea otters. 5 did not see ;iii)'lhini,' of the " |{usli " after the 1 "illi .(nly. It. In Ihe .season of 1.'^.'^,'^ I was in command id' the schooner " Mountain Chief," with It'll Inilian hunters only. The said "Mountain Chief" was in Hchrinf^'s Sea less than tivonty days, and in seventeen days' actual scalini; the ten .idiiin hunters caiiizlit V-u seal-skius. On Ihe said schooner ".Minnie," in IS.SD, I lind sixleen Indian liiiiitors and two white hunters, and hnt for the interference (d' the United States' llivciiiie cutter "Richard Hush,' as aforesaid, the " .Minnie " would have remained in Iii'liriii;.;'s Sea until ahout the lOth Septenihor, or a period of over two months. 10. 1 verily hclieve that il' the " .Minnie" had not heen hoarded, and the f;uns and -[lears taken as aforesaid, that the total catch of seal-skins by the hunters on hoard her fill t! 10 season in Hehrinir's Sea would not have been less than 2,.5(iO. 1 1. The value at Victoria aforesaid of seal-skins on or aljout the close of the sealing Miisoii for LS.SO, and for some time 'loth lieloie and after such close, was !^ didlars per .skin. 1 cliiim damages from the (iovernment of the United States of America for the -liziire of thi' said " Minnie'' as afore-aiil, and for the taking; and detention of the said liiisoal-skiiis, and for ],.V.I| seal-skins, the hahuiee ol' an estimated catch of J, 5(10, by 111' " .Minnie " in 15elirini;'s Sea lor Ihe season of l.'-iS;., also lor Ihe uuiis, sjiears, and salt liiki'ii us afoicsiiid, and for lenal and oilier e\])enses incidental to anil arisin;;- out of such •riziire, and the preiiaration and submission of tliis cluim tiiendor, and interest thereon ai 7 Jior cent, per iinnum iintil ))ai, 1 i;li!i at ID iliillar:- 11) Initiaii ;,lKai>, al II ilnllar.'^ ■2 saeks ...alt, at 1 ilnl. ill c. Li'ijal ami iillior rxpiMisos 128J Total cluini . . . . . . . . Ami inlereet un saiil aniount at 7 (lur ctnt. per auiium until paiil. ID, 1 1-2 ll,j .IU ;i li.MI 16,460 3 O -' ^9 This is tlic Sliitoiiiciit refcnvil to in the annexed declaration of Victor .liicobsoii mode before me tlie Jth day of Janunry, 189(1. (Si -nod) AirriHIH. L, IJKLYEA, Ndlarii ['iililir. Xo. iiOH. Sir J. Pitunci'fotc to the Maniuis of Salishurtj. — (Rcrrirril lii/ U'lciji-djili, h'cl/niarii 23.) Jly Lord, IVd.s/iiiKjton, Fclinmnj 22, 18(10. AVITH reference to your Lord.sliip's telonrain of to-day, 1 have the hoTiour (o report that I have teleuiMphed to Lord Stanley to in(|uire \vhei\ I may expect tlic arrival in W'ashinj^lon of (he Canadian A^ent who is to assist me in the comin;' negotiations. Mr. lilainc, ^T. do Stiuvo, the Kussian Minister, and I, iiehl a preliminary and informal incelinj:; this morniiiu:, at whicii the ipiestion of tiie area of the jjossihle arriuiirc- ment was disriHsed, Mr. Blaine and ^f. de Striive then ])roposed the follow inp; area: " From a jioiiit (in the j">Oth ])arallel north latitude due south from the southernmost point of the I'einnsula of Kamtcliatka ; thence due east on the said 5l)ili parallel to the point of \\w intersection witii the moth meridian of loni;ittule west from (ireenwich; thence noilh and east hy ii straisht line to tiie point of intersection of the iKith parallel of north latitude witli Ik' 140tli meridian (d' loncritnde west from (Jreenwicli." The oOth parallel, a.s your Lordship is aware, wa^ the snulhernniost limit proposoj by Mr. Bayard, and it need oidy he extended on the west to the Kamteliatka I'eninsiilii, as M. de Struve states that there is no seal (ishery in the Sea of Ochotsk. I objected, however, to the limit on the east beinir extended beyond the IfiOtb meridian of longitude, whif-h was the limit ])roposed by Mr. Mayard, and is quito sullielent for the necessities of the ease. r should he much obli^red if your Lordship would inform me uhuther you approve of the area now sugsf stcd by Mr, ISlaine and .M. de Struve, provided it be limited on tlicw^t by the lOOlh meridian. I have, &c. (Signed) .lULFAX PAUNCKFOTH. No. 2!)V. Forciijn OJ/ico to Colonial O/firc. Sir, Fnrriijii Of/irr, Fehninni 21, ISflO, WITH refi'rence to the letter from this fXlice uf the 22iid instant, [ am dircctcil Iff the Miinpiis of Sahshnry to transmit to yon the acconi]ianyiii^' copy of a telegram from lier Majesty's .Minister at \\';isliiiij;ton,* ;;ivini; (he result ol' an informal conversation with the Secretary of Stati and the Russian .Minister on the sidiject of an area witliin which the jiroposed avra'.u'ement relating to the r.ehriiig's S(!a seal tisheries niiglitl)i' npplicd. I am to n quest that, in laying this telegram befoie the Secretary of State for the Colonies, yoii will move his Lordship to favour Lord Salisbury, at liis eiirlic:^! convenience, with his o)iinion as t'> the answer whicli sh.)uld he retin'ned to it. I am, kc. (Signed) T. U. SANDERSON, No. 298. Colonial O/ficf lo Fordijii Oflico. — [Rcciivvd Fclinatnj '28.) Sir, Ihtiniiii:/ Slirct, Fi'linianj 27, \^'fi^- I AM directed liy Lord K nutsl'onl to ncKiiouledge tlu' receijtt of your letter ol IIh' 24th iii'-tant, inclr.sing a (elei;iain from Her Majesty's Minister at Washington, in "'n'' lie re[iorls tiie result of a pieliniinavy ami informal Conference on the subject of the ai'i'S • No. L'9(i. 413 cUjt Jacobsoii, nitliiii wliieh tlic proposod close sciisoii t'or fur-seals in Tk-linii<;'M 8i'ii "-liould lie I'oiifiiicd, :iml n'(|ii(.'slii);i instructions as to tlic distuTicc to tiie eastward at wliicli the line limiting Mi'li iirca should he drawn. 1 am fo ohserve, in rci)ly, that in order to avoid unnecessary interference with British siihjccts. it is desirahlc that the area no less than the period of the close season should be coiilincd within the strictest limits ahsolutely essential for tiie ])reservation of the seals frnni externiiiiatioii ; and the line proposed by Sir .1. I'anncefote appears to Lord Kniit.s- lord to include more of the open sea tlian is necessary, hearin;^' in mind that the object ()l the neijotiations is solely tlie suilicient presorviition of the seals, and n' nf Bttlishury to Sir .), Paiincffolc, — ( Siihi^liiiirr tilegraphed.) Sir. Fcrclijn Office, Fehrunry 28, 1890. I ll.WI'] had under my consideration, in communication, with the Secretary of Stale for the Colonies, your telegram of the 2."'>rd instant, re]iortiug the result of 11 iiri'liiniiiaiy discussion with Mr. Ulaine and the Russian .Minister at Washington n'-|KM'iir.u' tlie area within which it is proposed to prohibit seal lisliing in Behring'.s Sea ilurinn' a lixed period of each year. Before coming to any decision with regard to the area now proposed. Lord Knuts- i'diil wdiildbe glad to know wliul >iew of it is taken by the (ioverimient of Canada. I have accordingly to reijuest you, in order to save time, to consult the Canadian Minister of .M-.rine, who is now at Washington, on the subject, and to inform mc of his i)|iiiiiim bv teieirraph. ! nm, &e. (Signr.sj S.\LISBUBY. UNDERSON, •) niiini JT, \x' HI. vour 1 •ttci-i. till' hiiigton, in "Iih- ubjeet id' the iirci No. 800. Sir ■/. Pirinc(fo(c to the Mtuqitis of Salinhurij. — {lierfini! Murch 5.) Mv Lor.l, \Vashiiiiji■) My Lord, Wnsluwjlnn, Fvlirunni 20, 1S!)((. I IIAVI'j tli",)(). ■TiiK Fuk-Si;ai, ^roN'oi'oiiV. — UissjA itioNcws Till-: Ai,.\sK.\ CoMrvNv's Lkask of FsLANDs IN UeiIRINg's Ska. [«v Tolc!,'raidi to tlie "Herald."] .S'fl;i luiincluro, Veliruiinj 18, 18!)l). A I'll [\' ATE dcspat<'li received here (o-day anrounei's that the Imperial iJussi.'iii Government has eonfirnK^l thi' renewal of the leasr of the Itiissiau se;il islands ia Helirinj,''s Sea to the Alaska Coiiiinercial (,'oin|)any of this city. 'I'liis action is unih'rstood to he hased upon a persuasion that the (io\ criiiuent of tlu^ United States will take a similar cMurso with regard to its own seal islands, and (hat the control of the seal-fur industi'v niav thus ho vested in a single manauement. Incokpouatiok 01' .VN Alaska CoMJiiiJtciAi/ Companv i.n Ni;\v Vouk. Alhnmj, Ni-ir York, 'Mr<'.:inj 18, IRflO. The New York Comnu'reial Com|)rtny of Alaska (Linrted), foriiied with a eajiifal of 1,0()(,',()(I0 dollars, for earryiiii^ on miniiii,', lishiiij;, ')uildi:iLf, and eomniercial enterprises s^enerally in the Territory of Alaska, lileil a eertiti;-,ile of ineorjxiration with the Se'jveinry of State to-day. The incorporators of the Coinpatiy are William H. rojn', Tliad(h'us J). Bradford, William T. Davis, and John H. l)ii)i,'e, of New York; and IFenry S. Tibhey, of l'nL,'a Island, Alaska. No. m-l. The Mnrijuis of iSnlinburij In Sir ./. Pouncrfolr. Sir, Fnri-irji, Offirr, Mnnli 8, jS'JO. I ll.WJO received your despatch of the 7i.h ultimo, reporting a conversiitinn which yon had held with Mr. Mlaiiie on the siihjecl of damages for the seizure 'ca. Your langiiiige on the occnsion is approved. I am, &:c. (Signed) SALISIJURY. 415 No. aos. ('oto)dal O/firc In Fnrriyn Office. — {Rmcived Mnrcli 1:').) Sir. Downlmj Street, Marrli 11, ISOO. I AM tlircclod l)v Noid Knulst'ortl to ii('kn()wk'iljj,i' tlio ruccipt. of copies of (li'spiilrlK's from llcr Miiifsly's .Minister nt Wasliiiigton rL'siiectinj;' oonumiiiicutions wliicli liave piissi'il witli the I'liitcd Stiitos' Seciotary of Stiite as to the (.•omi)ensatioii I'.irllir .sci/.iirc of IJritisli vessels in l^elirin^'s Sea.* I am to ohservt' that tlie terms on wiiieli \h. Ulaine would i)ropose to submit till' i|uestion of eonipensalion to arliitralion, as stated in liis Memorandum, taken l(ii;t'lhcr with liis further slatemeni tliaf no esl,al)lislied principles of international law Hniilil he hrought into dispute. aj)pear (o indicate that he would ahandon, liefore the iirliitralor, not only the mare chiiisuni doctrine, hiit also the chiim of an exchisive ri<;ht of f^licry in Bclirinfi's Sea, and would rely on the contention that the United States are cliar:;ed with the du(y of re[)ressiiii^- acts (huie in that sea, ccmlra boiios mores, to the injury of a fishery open to all nations. Lord Knutsford cannot douht that an impartial arliitrator, whether all the three issues or oidy one of them he placed hefore him, would cniiflnn the opinion that the owners are entitled to compensation for the ill-treatment to wliioli they have heen subjected. liord Knutsford, however, desires me lo ob.serve that the (|Ue.-)tion whell.er recimrse ~hoiil Nortli American Commercial Company of Now York and San l'"ran('i^('o have been granted a lease for taking fur seals upon the Islands of St. Paul and St. George, Alaska, fo. a period of twenty years from the 1st May next. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure in No. ,H00. Extract from the " IVa.shington Post " of March 1, 1890. Alaska risiii;[ai:s Li:ask. — Secretary Windoni has directed a lease to be minlc with the North Ameri<'an Conunerrial Company of New York and San Francisco. J. Liebcs, President, for the exclusi\e privdege of taking fur seals njion the Islands of St. Paul and St. George, .Alaska, for a period of twenty years from the 1st May ue.\t. The following are the names of the Directors of the Nortli American ('(innnercial Company: Lloyd Trevis, Henry Cowell, .Mathias Meyer, and Isaac Liebcs, all of San Francisco, and Albert Miller, of Oakland, ' alifornia. .Mr. David O. .Mills, of Neiv York, is a Director of the Company. Its capital stock is 2,0(10,000 dollars. The annual revenue* to the (iovernment under this lease on the basis of lOO.OOOsunl- per annum will be about 1,000,000 dollars, as against about I'.OO.OOO dollars under the present lease to the Alai ka Commercial Company. No. .'JOT. Sir J. Puunc.efoia lo Ihr Miiniuis nf Sali-lmrii. — {lieceired March 17.) My Lord, Waxhinijtoa, M,nih 7, l^^'JO. I IIAVli the honour to acKno«ledge the receipt of your Lordship's desimtdi of the I'Jth ultimo, in which you rei|Uest me to bear in mind that all proposals frniii the United States' (Iovernment for tlie settlement of the itehring's Sea should lio received by me ad rifoieiiduiiu and I beg to state that I shall strictly adhere to your Lordship's instructions. I have, &c. (Signed) JULIAN PAUNCEFOTE. 417 No. 308. Sir ■!■ I'ditiicefote to llii' Marquis of ,Salisiiurii, — {Rcceiied hij tcl''(jnipli, Marcii 18.) lExtract.) IViishivijlon, Mnirh 18, 1890. AVITn reference to iny deapatcli of tlie 1st instant, T liave tlic lionour to report that llie Bchring's Sea negotiations liav(! come to a deaillock, owin::' to a. conflict of evidence in regard to the necessity for a close season for tlie fur-seal fishery. Mr. Blaine and M. de Struve both agree th.it tiie preservation of the fur-seal species is the sole object in view; but they insist, at the same time, tiiat it will necessitate the total exclusion of sealing vessels from Bchring's Sea during the close season. Mr Tujjper, on the other hand, maintains that no close season is necessary at all ; hilt 1 Ijclieve the Canadian fJovernment are ready to give way to some extent on this point. .Mr. liiainc sa\s that the arguments on his proposal are exhausted, and has called upon me lo put forward a counter-proposal. 1 have lu'cordingly prepared a draft Convention, which, I venture to state, offers the imly prospect of a possilde arrnngi'meiit. Sir. Tiipper left for Ottawa last night, faking witli him a copy of it, which he will submit for fiie considL'ration of the Canadian (Jovernmcnt. 1 will not fail to telenraiili the reply of the Canadian Government to my proposal, and sliaJl then await further iiistnictions from your Lordship. In tlie meanwhile, negotiations are suspended. No. .309. The .\fiii(iiii.i rij Sallsbunj to flir J. Pauncefote, r^ir. Foreign Office, March 19, 1890 lll^li Majesty's (Jovtriiinent approve your proceedings in connection witli the negotiations for the establishment of a close season in the Jiehring's Sea seal fishing, as nportcd ill your de.^pateh of the 1st instant. I um, &c, (Signed) SALISBURY. No. .'HO. Ciiiinildl Office tu Forriijn O/fJcf. — (lieccircd March 20.) ^ir. Downimj Street, March 19, ]f<9U. WITH reference fo ])revious eoviespoiidence, I am directed by Lord Knutsford to transmit to you, fur the infoinmtioii of the Mar(|iiis of Salisliury, a coi)y of a tie-patch t'nmi tlic (ii.veriMM-Cieneral of Camilla, iorwarding a Schedule of the claims for com- pensation for damages lesultiiin' from the seizure of liritish vessels in i?ebring's Sea. 1 am, &c. (Signed) JOHN BHAMS'l'O.W ' [iuio-.iin' 1 ill No, :)lll. Lord Slaiiliji of I'ristnii to Lmii Kiiai.tfurd. ^'y bind, (iiivi'nimrnl ffoase, Ottinra, Frhnmn/ ■■<, 1S!)0. 1 ll.AI> the honour to mmiiI In your ijonlsbip to-day the tcdiowiiig lelegrapbic niessigc ill code : — "i)i',i lh> (lorfnior-dciici'dl in (.ouncil ini titp -Ud Ffi-niiinj, li^llO. TIIH ('oniiiiillcc of the Piivv ('ouncil Imvo Imil Ijeforc tlieni tlie i-itl)lui;rani from the Ki;;ht llonoiiiiiiilc ilic Sccivliivy oi' State \'or the (''olonies, dutcd tlio -'irtili .laniiary, 181)0, of wi)i('li tlu' sulp.stanco is as lollow- ; — "Arc tliorc any i'lntluT t'hiiiiis fui- ciiiiiieiisation for Jk'tiring's Sea seizures, mid can you state tlieir aiiioinil !-'" Tlie Minister of Mnriiie and Kisiieries, lo whom the (•iil)le;;rani was referred, ohserves tiiat my despatcli of the litii .lanuary inclosed a eopy of an (.)rdor in Council of tiiu 2Sth Deceiniier, lSi*ll. in icfi-renee to the coniin'nsation claimed by the owners of the "Kate," and thai a claim on lieiiaif of the owners of the •'Minide" has, since the date of the despaleli alhiiled to, been formally ni::tle and forwarded to tlic IJight llonourablf the Secretary of Slate ior the Colonies. The Ministi'r fmlhcr, in order Ihat no claim relniiut;- lo ilu> seizures in Hehring's Sea may e-caiir the atieiition oi' lli'r M!i)('-.ly's (.ioveniment. lecomniends ilial the appended reply to 'he above message be forwarded liy your i'^xci'lleiicy to the l{i;;lil FJonoiirable the Secrctnry oi' Slate for the Colonies, for the information of Her Majesty's Governinent. The Coinmiitee advise that your j-^xcellency be moved (o cable the reply as herewith submitted. (Sijrned) .lOHN J. Mi GEE, Ckrk, Privv Counril. Prnpns THE forwarded IHSO. 1 S80. 1>*80. 188fi. 1887. 1887. 1887. 1887. 1887. 1887. 188it. 1889. 1889. 1889. 1889. 1889. 1889. 1889. Apiiendix. "(I Rfjil-.i i'lam his Kirrllriici/ tin- (iovcrnor-Ui'nfrul lo llu- Ri'/hl i ionanrahl'' lite Si'cri'Inni of Slo/i' for l!ir Culonir.-,. follouintj claims hnve readied my ( io\enimeiii. and have been ciul} " Corol'iia," lii.7:i'.) dolhu's : and personal ciainis. .-»,(i(ii) dollars. "Onwanl." :'i'.).l,,. '>7ii ilollars : personal claims. (i,500 dollars. •• I'avorite," 7,000 dollars. ".Anna l?eei<," 4:'>,7til dollars; peraonal i:laims, ;5.tJiK> dollars. "Sayward." ■1-2,481 dolla?'s; personal chiims, :'),n()(i d.diars. '• Oolphin," 59.!loO dollars ; personal claims, :'i,(J:!.-) dollars. "Grace,"' .")7.!Hi I dollars; personal claims, -2,(100 (hdlars. "Ada," ol..'>IS dollars; personal elaiuis, -J.OOo dollars. "Alfred Adams," 20,4;W dollars. •' Mlack Diamond." 17,18-"i dollars. " Pathtindcr,^' 2(!,7('>o dcdlars. ".luanita," 14,095 dollars. " Lily," 17,1(17 dollar.s. "Triumph," 19,()7 t dollars. " Ariel," i),49S dollars. "Kate." 11,210 dollars. "Minnie," l(;,40() dollars. Sir, No. 311. Fondijn Office to Colonial Office Forpi'jn Offln; March 20, 1*00. WITH reference to my letter of the l.jth instant. I am directed by the Mar(|uisnt Salisbury to transmit herewith, for the informaliiui of Secridary Lord Ivnutsfoid. :i copy of a tele^fiain from Sir .1. Panncefote,* report inj;' on the ]iresent state of tin' negotiations on the liclirinn's Sea ([uestion. I am at the same time (o say that, before takiu';' any further action in reijard to till- tele;^raui, Lord Sali-hury jiioposes to wail for information from Sir .1. I'auucefote as to whether the Camidian ( ;ii\ei';i!nen' are di--iio~ed to take a favourable view of tbc • .\.i. ■MS. (Icm; he Ik on tl 1(1 pr shoiil I'i'i'l" close rwilh rookt dl'ect nililil llcliri the re oil a 1 which to llll S:m 1" Mew 1 the (i| -fill li^ 1 oviilcii liiriiisl '1' prcpai' i; himUl 410 CniivL'ntion wliich lie liiis drafted for tlie protection of the fur seals resortiii!»: to Belirinf?'s Sea. I nni. &c. (Signed) P. ('URKIE. No. .",12. sir J I'll II urn foil' In Ihr Miiriiiils (if SiiUxImrij. — {Rccrlrril liij li I'linipli, March 26.) .M.v r,-nl. Wiishinijlnii, Marrh 20, 1890. I 11. WH the lioiKiiir (<) report tliiit somi; oi' to-dnv's in'w^papers annonnce the ))ulili('iitii)ii (if the I'riicliunaliou rclatin>r to (lie seal lislierv in 15(hritin's Sea, wliieli the President ol liie United Slates is hound I y law to issue "'at a timely season in eaeh year. ' Mr. I'lainc tnld me a few days ago that il was readv for pui)lieation. I have.'^e. (8ir,ned) .(I'LIAN PAUNCEFOTE. V as herewith No. SIS. Sir J. Pinnicffnic In the Miirquis of SiillsbHT]i.—{Rfivinre(l Miircli 81.) My Lord. MV.v/i/«r//oH. March 21, lR9b. IN eonfinnation of my des])ateli of the 1st instant velatinir to the l^ehring's Sea lislierics, 1 have the honotn' to report that the first formal meetinn' of the Conference lii'tneen flic St-erelary of State, M. de Strnve (the I'lis^ian Minister), and myself took phiec on the :'ird instant, and that Mr. 'I'lipiier, the Canadian .Miiuster of Marine and Fisluries, was ])resent on tiii' oeension. A lonj,^ diseussiiin tonk place; < n the stdiject of e (dose season. Mr. IJlaine and M. lie Siriive contended that not only was a close season iiidi-^peiKahle for the preservft. ticin of tlie fur-seal s|iecie>. '»nt that no close season would he eti'eetual for securinjj the iihjeci in view unless during- the jieriod of it- durati(ni nil sealing vessels of whatever nationality were ahsohitely e\eliided from the Beliriiig's Sea. Till' Russian Minister stated that sitic^ the date of imv preliminary meeting of the -L'nd idtinio (reported by me to yonr ];i,rdship against the destruction of seals (Hi shore hy marauding parties. 'I'his would he effect iially carried out hy the United States' (}o\ernnient hy the employment of nililliiiiiia! erui/ers, without necessitating the exclusion of all sealing vessels from the l'H'liriiiL;'s . .Mr. I'helps of the Tlh February, IS,«s, it is til the oll'eet that the enormous catch of fur seal in ISehring's Si'a by schooners from S;iii I'nii.eisco and Victoria consisted principally of " cows" or female seals, and that, in the increa-^e of vessels litiing out every year, there was reason to apprehend, in le iiiiinion of the writer, that unless some measure of protection were adopted, the fur- ■tal li-hery would soon he depleted. li "as agreed to adjourn the meeting until we had examined a Memorandum of the evidence relied on by the United States' tJovernment whic h Mr. lilaine had promised to fuinisb. as reporteii in my despatch of the 1st instant. This Memorandum was delivered the same day. and Mr. Tupper immediately prepared a e(nniter-.Meinoranduiii in suiiporl of his views. r>nlh iloennienls are in course of printing, and copies will he transmitted to your hordsliip ns early as praeticahlc. Ll:!8J ■ 3 II 2 MI'W ih 42n 'riioy unfortunately present so great a diverfjence of opinion on all the facts relating' to llic fur-seal lislicry in the Melirin^'s Sea, lliat Mr. lUaine decided to invite M. de Struve and myself to an interview on the iL'lli instant, at wliieli he stated that liie perusal ot Mr. 'I'npjjer's .Meniorandum had convinced him of the hopelessness of arriving at a solution that would be satisfactory to Canada. He said he liiid eNliausted all ilie arguments in favour of the proposal made hy the United Slates' Government two years aifO, anil he called on me to make a countcr-pro])osal on hehalf of Her Majesty's Government. I replied thai 1 was reluctant to make a counter-proposal without previous rcfcrenee to your Lordship, hut that [ did not take so desponding a view of tlie situation as liu appeared to do. It had hecn admitted and agreed that the sole object of the proposed arrangcnient was the preservation of the fur-seal species, and not the gain or henelit of any particular Government or body of persons. I tlid not believe that Canada, in view of tlic conHictof evidence, would objei't to a reasonable close season, at all events by way of experiment, and with a view to the further eluciilation of the question. The difficulty was to fix the limits of a close season both as to its area and its duration. ^Ir. iSayard in his despatch to Mr. White of the 1st May, 1888, had distinctly stated that only such a period is desired " as may he requisite for the end in view." This equally apjjlied to the question of area. It would be strange therefore if no machinery could be devised to surmount the difficulty. 1 then stated that I had prepared a scheme which provided such machinery, and that 1 had actually put it in the form of a draft Convention which I proposed to refer to your Lordship, and, if approved, to lay before the Conference as the counter-proposal of Her Majesty's (lovernment. I then explained the l neral provisions of the scheme. The draft Convention lays down in the Krst place that there shall be a close season, but that in view of the contlict of evidence yvhich has arisen as to what should be its area and duration, a Commission of experts shall be a|)pointed to rejiort on the matter, and that if on the examination of their I'ejjort the three Covernments should still be unable to settle the conditions of a close season, the ])oints in difference shall be referred to the arbitration of an impartial Government, whose award shall finally determine the close season for the purjioses of the Convention. 'J'lie draft also provides for the immediate adojjfion and enforcement of a ])rovisional close time as to yvhich the High Contracting Parties would probably be disposed to be more yielding by reason of its temporary and ex[)erimental character, and in view of the prospect of an ultimate and impartial decision on the (piestions in dispute. The other Articles of the draft i)rovide for the enforcement o( the close season, the trial of oti'enders, the dniation of the Convention, and the accession thereto of oilier Poyvers. .Mr. iilaine and .M. de Struve declined to look at the draft or to express any opinion on the scheme until it ■should be formally jjlaced before them, but they listened toils details yvith evident interest, and I observed no indicalion of serious dissent or unfavour- able criticism on their par'. I am not yvithout hope therefore that il its geroral fiatin should meet with your Lordshii)'s approval, it may form a basis of arrannement. anil present an issue out of the difficulties of the situation. Mr, '''upper, who concurs generally in the draft, has returned to Ottawa to consult his Government thereon, and the next :neeting of the Conference is adjourned pcndin.!.' the receipt of your Lordship's further instructions. I have, &c. (Signed) JITLL\N PAUNCEFOTE. No. 314. Sir ./. Paiiiifi'/nte lo the Martjiii.s nf tialishiirii. — {Rcrrlr/'d Miirrli 31.) My Lord, U'dshliii/lnii, .\r,inh 21, ISiW. I H.WI"] the honour to inclose a cuttiny; from the New Vork '• 'i'nbunc " ot the 19th instant, containing an article on the Alaska Sea lisheries, headed "liighls in Behring's Sea.'' T have been unable to discover that any American jurist has ever ventured to assert that the United States can claim any s))ecial jurisdiction over Behring's Sea, or n:n 421 cxcliisivt' li^lit 111' lislu-ry therein, nr lo supiiort llit^ (extraordinary argument tiiat tiio (•,incs|ii)n(l<':irc lict M'Oi) tlic Unssiim iinil [■iiiloti States' Governments in l.'^i'ii had no ivfcivr.i'i' til Meluinir's Sea, On liie otlier li,ind, tlie I'lillacy ot llie views jmt r'.jr\varil in liic " New York Tribnne " liiis liieii diMiioiislrated, as your lioidsliiji is aware, !iv l\u) eminent Anieriean writers, i'nile-nr linyiier, in liis letters to tlie '• New York ICveiiiii,;; I'osI " of tiie L'7lli .Uino ,iiul li^lli Oetolicr, 18S!l, and Professor Ani^el. in liis artiele in the "Forum'' of Nmcmlier |S89. I have, &e. (Signed) JULIAN I'Ai MCKl'OTE. No. 316. The Mdiiinis (if Siili.vhiiril lo Sii' ./. I'liuncrjotr. 'I'olcuriiphie.) l<'nrei(jii Office. Aprils, IS'M). Tllli principh' of t lie draft Convention lias my lull apjjroval. surmount the No. a Hi. Coloiiinl Office In iuirdijn Office. — {lleceivvil Ajiril '.).) Sir. nnrniiiii/ Sireel, Jjiril fl, 1>«no, IN n']iiy to vonr h'ttir of the 2l)lh ultimo, forwarding copy of a telegram from llti .M.ijoly's .Minister at Washington, on the ))resent state of the negotiat'uns on ilii' lii'liring s Sea (|uestion. I am directed hy l.oril Kniitsford to .'i'-Mpiaint you, for llii- iiit'iiriiialion of thi; .Mnrcpiis of Salisbury, that he concurs in his Ijorilshi[)'s pro|)osal t> awail information as to the vicnvs of the Canadian Government on the suhject of tl;e Convention which Sir .1. I'auneefote has sugaested before taking any action in the matter. 1 am, iSic. (Signed) \i. U MF.AIM:. No. 317. Sir ./. Ptnincefote lo the Marquis of Saliiburi/. — {Received April lO.) Mv l...rd. IVas/iinifloii, March 31, 1890. I ll.'W'l'; the honour to inclose herewith a newspaper extract relative to the liptciitinii of the British seaiing-vessel " Patlifiniler " at Portland, Oregon. She was seized last year in liehring's Sea, and ordered to Sitka in charge of one seaman. She escaped to Victoria, and has been engagt'd in sealing till compelled to go into I'urtliind liar for rejiairs, wheie she was detained till released hy in>tructions from tlu' l^'icretiiiy of the Treasury dated the i'i)th instant, on the urouml that the Federal loiirts of .\laska have cxcUisivo jurisdiction over all violations of thi' Seal iMshery Laws. 1 have, &e. (Sigred) JULIAiX PAUNCEFOTE. Inelosure in No. 317. Extract from the " Netr Yorle Tribune," of Mar'-h .'SO, 1M)I). Pnilliiiii/. Oreijdi.. Miiyeh 2i). 1P90, Till", Mritisli sealing schooner •* Pathlin(h'i-.'' Capinin Aiiliur .Morgan, of Victoria, w> iiiwed iiiio port last night hy the I'liited States" Uevenne cutter "('orwin." 'I'he 'f^' ii'T was found at, Neagli Hiiv. Washington, with rudder disabled, and taken into oiMoiiy hv the cutter. The " Patlitinder" is not seized, but detained pending instructions Ironulie Department at Washington. The schooner is one of the sealiug-vessels seized last voai- in IJehrings Sea by the cutter "Hiehard Uush, ' and ordered to Sitka, Alasica. in i'liar;;o of one seinuin as a ])rizema:-ter. She ese.ipeil to Victoria, and has since been eiijnnod in sealing oil' the .Americiin and British coMsts till yesterday, when compelled to "iMiilo ibo l,jiy fur repairs. Captain Hooper, of the "('orwin.'' holds the \essel ;iei' hng ihtMlecision of the Department relative to wln'ther the vessel is amenable lo the Law ft'garding seaiiug in jiehring's Sea, for which she was sei/;ed. 422 Tlic '• Pnthfindi'r" sailed from Victoria two months ago; she secnrotl 150 seals oft tlio const (if ViiiKioiivcr Mild Wn -li'r.^'m:. I'articuliii-s of tlm dclciitioii Imvi' lieoii sent to the Secretary of the Treasury at WaMliini^ton, also to the Di'iiailnu'ni at Ottawa, ( anada. \V,isliii>ijl',n, Miurli i.'!), l.sOO. Till' loIiMwinii' teU'i^rani was sent liy Assistant ^'ccrulary Ticlieiior this iillcriioon to the Collectoi- of Ciisliiiiis Ml I'oi'l Townsend, \\'iisliin.i;tllich it [)voceodeil, I direct llif release of the ' I'athfimler." ' The ))reccdent referred to in ilu; above teiejiram was tl e case ot the sclionner "Ellen.' 'I'lial vessel was >ei/.ed in lielirinij's Sea in iN'^7. liy Caiitain Siiepanl, of ihc llevenue Marine Service, for \ iolaiion of the ."^eal i-'ishery Laws, and was ordered to Sitka, Alaskn, for trial. Instead, however, her captain took !ior to Siin l^'ranciseo, Sla' was there seized liy tlie ('nsliins ollicer-, hut was suliseiinenlly released liy threetioii (if Secretary I'^iiridiild. on tlie n'roiind liiat the i-'cdeviil olhcers at S-iii Traiieiseo Imil iiu Jurisdiction over oticnccs committed in the District of .Vlaska. Under tiiis riiliiij; tU' Federal (Joiirts (d'.Miiska will liave cxihisivo jurisdiction over all violations of iliu Seiil Fishery ]ja\vs. Xo.;ns. Coloiiiiil Ofrir- I , I'nrehin O^iTCc, — {liccfirrd April IH.) ir. Dniniliii/ Sln-rl, Ajnil 1 f, 1S!)(I. 1 .\.M directed hy Lord Kmn>ford to lran>niii to you, for the ini'orniat'on of tlie .^lor(|niii of Sfili'-iinry, copies of leleyiapliic correspondence wiili the Liovernor-Cjciiera! il Caniiil.i rcspectiiii;- the |irop seil Cimvenlion lor the ( slahlislmient ol' a close time for seals in Heiirin^'s Sr;'. I am, S;c. (Sinned) JOHN UKA.MSTO.N. fnclosurc 1 in No. -'MS. l.i'ril Kiiiitxfnril to Lord S'iiiiIpii of Prrst.ini. Ihinuiuj !<:ir<'cl, April 11, 1"<9'.'. Iter. :is 1 hope, your (iovernmenf hits affrced to ^liinster at Washington's )iro[io~ed llidirin^'s Sea Convention. iTei etijipliie.) •li:L!"!;1j.\IMi wliethcr. Tnchrsure 2 in Xo. :^1i^. hnni Stdiihii of Prpston to Lord Knulsford. (Teleurapliic.) (Ilfcrirfd April 12, IfdO.) AUNlS'i'ER OF MAklXf: has ivlurncd to Wa-hiiviiton with our alternative propcsal. we tile ([iiite re.idy to acquiesce in general ])rinciple oi' jirotecting seal life, hut are most anxious that in jiiiry hy e.\)ieits may jirecede ])ermanent Treaty, as wc helicve tho facts to he incorrect on which United Slates' pioposuls art^ based. We suj,'se'^'' '""'''' rircndi for not more tlrni two yenr.s, dtir'ni;- which e.\])erts should determine the larl^ on which iiermiment Treaty can \n) lia-ed. Cannot answer your (piesiion til! we hear, which we expect to do soon, In'm Wtt'-hiniitoii. No dispiisiiion here to r;ii~e umieeessary ditiicnlties, but if we <;et no better terms thiin those jivnpii^ed liy I'liited States, seal lishery will he serimusly atil'cteii. Xo. ;J1'.). C'jlonidl O/firr lo Forrign OJ/icc. — (lieveivcd Ajiril 19.) DowniiKj Hlreei, April 19, 1890. AM directed hy Ijord K'mifsford to transmit to \(m, for the information of the Martpiis of Salisbnry, a copy ot a telegram from tlie Uovernor-Ucnerai of ()9,w^ Bin 4SS ronortinj; (lial his (iovdriunent uci;u|it wiUi some iiioililicatioiiK Sir -I. I'luinui'l'oU;'.-* Mecpiiil (Iratl I Diivi'ihioii I'oi" (i>tiii)li^liiiiL; ;i ciiisi; sf.isoii I'oi' I'lir mmIs in Bi'liriii:;''s Sea. I,oril Kmitsroiil will Ik- ^liid In iiiivi; a CDpy of tlic m'i:()|ii1 linil't, witli tliu inoiiificft- lioih >iiLrK^''>l'-''' ''y ''"' l*<>ii»ii'i<>|t Uomnnncnt. il it iiii'* hc'cii li'l(';^rii[)liL'(l liy Sir J. I'liiiiiei't'ole. ] am, \'c. (SiK.icU) JOHN miAMSTON. Inclosurc in No. ">V.), Lord Sidiilrii III PrcsUiti In I, (nil Knutufonl. Tclo,i;rii].liic.) ' Alirll IS, 1800. Tilk I'liiiii.' .Minister (old iiu; iliis al'U'riioiiii lliat hi:> Ciibiiu't will accfpt Sir J. I'uuiici'li>U''s si'coiul (iriil't Hill] sonic iiiodiiicalion.-.. wliicii, in niv (((linioii, do not injure it. I have tele^iapiicd to loll liini so. 1 \u>\)<: ^riive dillieuliy is now ovtT so tar as t'uuadu .s concerned. I'.ltA.MJ^TIt.N. No. .'{-'(1. Sir ./. Pauncefotr In the MtirquiK of SiillKintri/. — [Hfroinit April 'I\.} .Extract.) WuMmjlon, April 11, ISHO. I llA\'l''i till' Inniotir to reporl ;liiit the ilonoiiraidc jVIr. TupiJor, the Dominion iliiii^iei' ot .Marine and Fi-iierit;s. callcil on me vi stcirday on his return I'roni Ottawa. lie inlornied nie th.it the Canauian GovernnienV "dijeoted to my jiroposed draft of a Ciniviiitiim lor the settlement of the Ijeln'inir's Sea (jues(i(jn in so far a< it admitted the iRiessity of a elo-e season, and )irovided, aitiioujfh provisionally, for the exelusion of >ia!cr-i within a eertain radius round the hreedin;; island.-. I iiiuleisland that the principal ohjection of the Canadian Governmenl lo the radius daii.sf is thai il wcndd praeal speries : and they maintain the po-iiion thnt no ililerfcrenee with pehiijic scaliui:' is neeessary for tiie jmriiosc in view. 1 am aii\ioii> that the |iro])()saI of llir .Majesty's (ioverinnent iliinild lie praelical .iiul lilieial. and sueii as will eminnend itself t'i the sense of justice anil impart iaiity of all "liar iiiili'/u-. On llic other liand, 1 need iuirdly say how an.\ious I aii; lo j;ive the ulnuist ell'tei (() tin' views and wishes of the dominion Ooverninent in this neyotiiiiion. I Imve iheri'fore pre])ared a new draft t'linvention, of wiiieli 1 inclose copy, and in which 1 have I'olloued. as clo.'^ely as is consistent with the view.s ai)ove expressed, the lines indiealed hy tlio Canadian (lovenimcnt. I am sendiui;- a copy of the iiiw drall ihi- day lo Lord Stanley, toj;cther with a I'opy "I'tiii^ ile-patcii. Ill the meanwhile. I slunilii he ;.;ralefiii if voni' Lord-hi|) would inform me by lelegnvui ivlicthcr win eoiiciu' in tlir views 1 have i Apr>>sed and approve of the new draft which I have impared. ov whether you desire that 1 should ado[it the tirst draft as anieiuled liy tile Dominion Government, as the counter-)iroin>-al "f ILer .Majesty's Qoverninelil. i For draft Convention as proposed to United States' ( Jovernmeut, si in No. -.i-HK] Inclo' No. .•!'_'!. Sii ,/, I'oiiiii-ffnlr In iin' Miiniii/s ()'' Siiliyhiin;. -i R'l-irrd April 'Jii.' ^h' l'"id._ fVdshiiiglon, April 15, 1S(U). WU'li reference i" ni.v de>palel. oi' !i. 'Jl.d uiimo. 1 h.ive the honour ti) iiiclose lieicwitli copies of tiie corietpoiideiiee relaiinu lo the fur-seal tisheries in htliriui;'.-. .Sua, which 1 iiuve Just received from Air. Itlaine, and which consists of the t21 evidenci- furnislicd by experts and ollii-cr^ of the Unitt'd .StateN, iiiid the counter-evidence furniNlii'il in reply ilierel" l>y Mr. 'riiinur. on (in- (|ue»tion of the extermination of the fur-seal species by the killing of seals in the open sea. I have, &c. (Siji-nedj .lULlAN I'AUNCEFOTK. liiclosurc ill No, 321. Corrrsiwnitencr rcliiliiKj to Fiir-Sral I'^lxkerins in liehriity'.s Srii. Mr. Hliiiiii' tn .>'//■ ,/. I'liiiiircfnlr. My dear Sir .luiiaii, DrjKirtiiKiil of ."^Inli; U'asliiiiijlnii. Mnrrh 1, ISDO. I IIA\'K extracted Iroiii ollicial (lociiiiieiits and appended beri'lo a larije niiiss nt evidence, yiveii under oatii iiy jii'orcssjonal experts and olliceis of the I'liited State-, tuiichiut,' I he subject upon whi(di you desired lurllier proof, namely, that the killiii:; of seals in the opeu sea tends certainly and rapidly to the externiiuatioii of ik- species. If further evidence is desired, it can be readily furnished. I hiivc, &c. (Si-ncd) -JAMES G. BLAlNi;. From the otiicial ilcport made to the Uonse of Keprcsontativcs in IHHS): — In li)ni: lur-si-als wcii' rmiiiil in fjiciil niiiiilioi'H on various inlands of the Sdiilli \'m-\\v Oct'iiii. Init altri- a iuii]|iaralivfly ■^liurt pciiiid ul' iiuliscriiniimtc sJaii^iliU'r tlii' riinkcrics wcriMlcscikd, the aniiual-; haviiiL' I'i'iii killed or di-ivrii t'lipiii ihfir liaiiiits : sn tlial imw the uiily rxislin^; rotikorir- arc llni^c in Alaska, aiintlicr in the Ifiissiaii imrl ul' llchiiii'.;'.s .Sea, ami a lliinl nii l.uljds Islaiul, ut tli' moiilli ijlllie WiviT rialc ill Siiiiili Aiin^rira, \ll llu'se viiiikcrii's an; iimlri' llic p|-(i|iM'tiiiii dl' ila-ir .-.evfral (i. 'I'lic lii'st csiiiiiati' as tci ilic liiiiiilii-i' nt llnse animals uii llii- Alaska niiiki'rifN Jiliices it at abiiut -t.oiMi.uno ; lait a inarkiMl diiiiiiialinn ..f tin' ininil"'is i< imti.'cil wilhiii ilio last two nr tliiec vi-nr- wliieh !■; allriliiitcd liy llic. lustiiiKiiiy lu tin- tad that iiiiautli(Mi/;i'il juMsdiis ilaiiii;_' the ^iiliiiuir- '! ISSl'p. iaK7, anil I.S.'^'< had litlcl ..ai cxiir-diliniis and cniizcil in Alaskan waters, aiuMi.V llu' lb.' cf lirc-aiiiis ili-^triiyeil Innidicds nf ihuusunls (it thi-si: animals withinii ic^ind tn auc nr st-x. 'I'lic law iJi-dhihils the killiiij.' dl' t'lir-syals in the 'I'lTritdiv nl' Alaska nr lla^ waters tlicieuf, exrtpi by the les.Hie nt' ihe Seal Islands, and ihe lessee is peniiitted to kill iluriiij; the iimiitlis dl' .hiii" 'uly. Septeaihcr, and Oftdlier only ; and is I'drhiddeii lu kill any seal less than I yeai- did. or any I'eiimlf >f.il, "or to kill sueli se.ils at any time liy the use df tire-anas, or liy other laeans temliiij,' to .hive the swl- away t'ruiii those islands." (Jievised Statutes, section I'.tfiO.) (jovernor .Siiiip.son, dl' thi' Hiidsoii Hav Comiiaiiv, in his ■■ ( Iveilaml .loui iie\ Koiniil the Wmlii. 184f-4:2. p. i:!n. .says:- " SiUMi- twfiaj in- tliirty years ago thcrt- was ii iiu)»t wastctiil dt'slrurtion of tin- Ki-iil iii »muii« hiiiI old, mali- ami fciiinlf, wm ilidi^criiiiinatrly kiiut-kid in flu' linul. Tlii.. iii)|iru, as uii) uiie mii^iit Imvf cjiiUTti'd. jirdViU df! ruiicntal in two way.t. Tlii' nrf was alniN^t (-\tir]>atL' liavc altainni tlu ir t'll l^rowtli, a plan pcruliarly appliuiltle tn tlir tnr-si-nl. inasninch a- its 'halots r.jnh-r a -.y^t. ui ot' inisltHiidiiiL' tin- st.a-k a* faiy atiit i-prtain as ttutt ol destroxiti^ ir." Ill the year fSOn the rookeries ot lite ( iedifiiiiii Island!) prorliieeil 11J,(MMI fur-seals. I'lipiii Im* lu ISio, .says the ' Kiieycld]i,Tdia r>iitaiinira." • the Cettlj^iali l-lamls piiaiiieed l.linil.lMlO .seals, ami llif Island of I le.solatioii ha-' lieeii ei|Ually proiliictive." Over l.oilli.ooii were taken I'roni the Lsliiinl "I Mas-ii-jMiera and shijjiieil to China in i7'.).^-!)ll. , Kanniny's ' Voyaees id the .''^caith Sea," p. I^O'J.; In. IHL'O ami LSl'l over :jlili,ni)t) I'lir-seals \\ere lakeii at ihe South ShetlamI Islands, and Captain Weddell stales that at the elul of the sei'.nal year tlit! speeies hail there heeome almost e.\teliniliiili''i In addition to the iiumher killed lur their l'uis,"lic estiiiiatc-.s that " mil less than Inil.tllin ae«lv-li\ty ^l^.sl•!s can; inu- I'roni Hi.nty lu thirty ini'ii radl ? Nolan'"" soasous. The fail that Hhm' (jr. al -ontluTii rl;okl■ri•■^ wilh^lood and paid I'cir attai-k-. i,f thi.'i-m Cnrniiirri-f lli[.ri'sciitaliv(*s. siijtl :■ ■ ; • A" -liiiwMiic thr iirnKrrM of ili>^ tntilc in fiirorn) tkiMc, '\w[ tin* tiliii<'-t (tf it^ (it(i« nitiuti, n MiltmK in iiliul('r> <>vt,i).)o rIhii- : Ixit tji'ii t-"iii;>rlitiiiM h«i-| f otr liic IhtiN Ihul h-nrlnl llitTr. .iitil liricfl thfUiiiT >P«r hiirillj I'M! per iitimirn x'tilil Ut- oli! ijnnl t.ri jII it-. Ihiil* to.iM AMi manli Aliviii-riirr.i It»lii'i.|, riiMf .luni rt-rnuiulf», wMtixiUil, iin.i ri(i,(imi ii.yi-ar wrrr ■•( \trTiiiiiialnl uf ihiil itlntul, lunl til<<: at tli* (i'ila|tji|;>ix tirnu\> war )») . t " KiilkKiMil iiMil Mii'lliiriil Inlanil-, nriil .^imlli AiiiiTii''iM riiii«t>>, ru'iir (rtpr It-'iii, iiiik n'-\. in r ; titri- tin; will wiint fifrr ; htiiiDilaiit. It III "lalxl tliut Nt t)i*> SlictbriitM ulL-iti- 1(10 llOd yr iniiiun) iiiiQlit hiM* li<-i>n •iStuini'd Mtiil tin- rti'tki'rii'o pn'oervfu, if tiki'i) iimit-r pnipcr rrMrii-tii>n« ; Itiit in llic fji((iT(i. -h <>( in. i, tlii-y klllril olil nil 1 ymiiiif, nulc ami fni.nlf; litel.' imp-* » ffW :ly i.v-irnjvii. It m tilnii.-itt-il timt in tlir yvnrt IVJI iiiiJ M*2i ri<> li ^K tli.vi ^i'i."On of thevr uiiiiiutl < went killi>(l nt thl» >hi'il.irtil* Jt'ctK-. An AiihTirtin rHpiain. (UscriliinK in aitiT tr.tiH lit siim-- tin r' . -;*) <» : ' Wr vriit tt.c firt^t yt-ar with tmr vfnirtl \rar with i>i\ vf*sfh. tfcttmi; only l.'UO — nil thiTM wulrft.' "ArTi'(l at ihfl [.obiiii Ulaiuli), oir tlir KiiiT 1m I'lMtn ; llii!>, lii-inf( rureriilly Ki'ifLU-d under ntrint nfiiliitiiiiit liv ilir (•iiTi'rninciit of flui-nu'* AyrcH iiml rrntril t'> jinipcr part)t-5. yicliln ubfitit 'i. al/niit Mi.OOU !t<'uU n-tortrd iiinn-iliv Triiirr.'* viKitfil it, itiMJ in thr>iT. Not liKt a "i-amm mn imw In- fimnd liifrf." Iliiriouiiililc ('.A. Williams, o! Coniu'ctii-ul, who iiilicritijJ the wlmliii^' and soaliiifj liibiiuiss IVoin liis tatlici' and i^'iiiiidfaflior, sprakini,' nl' the seal in the South raeitle, l,'av(' till" lollowiiiL,' testimony lid'orc the (.'oni^ressional Committee: — The liist.piv 1)1' sciiliii^' ^iirM liiii'k tci iilinut 17110, i.iiil finiii iliiit (o the i-aHy ]iiiit, (it this (Ciituiy. In tlic I'iirlicr Jioiidd ut' wliicli 1 s|iciil< tliiTc were im snils liiiowii in tin' Nnrtli l';iiilic^ Oi't'iiii. Tliiir |i,iitiriiliir Imiint wuh llic SdUtli Atlantic. Tlicy woir iliscovcreil Ijy funk, in lii-f V(iyii;^cs. (in tho (fliiiil 111 |icsii|iiti(in ; liy Wiililuli, in his V(iyii;;(^H tci tlic Sdiitli I'olf, (in tlii^ Islionl nl Smilli (iciir|;iu ami Siinilwiililiind ; anil liy Inter voyii^;(M'x, wlinsc' names i!s(:a|i(i me, in tlic islands "f llii' Sdntli I'acilic Oi'c'iii Wlicii tli(^ nnniliiT (it seals (in llidsc islniids were lirsl ludnf^lit. to tiin iidtii.'e df liriliah ichaiits, (li(,'y pursiii'd the inintin;,' ot tlicso iiidninls (in the Islaipl of Desdlatidn. The nidst anthenlic anthdiily we liave alidut the matter is derived IVom re|idrts made by these voja^'ers as Id the nnmlier df seals taken finm tliii>c places, and, althon;,'h they are iidt entirely ncciir;it( I think tiiey are I'idiv as accurate as cduld !«• e\]ie( ted, cdnsiderinj; the lapse nt limu. (.)» the Island ..i Desdiatidn ii is estimated that l,Jllll,()(lil fnr-se.ds were taken ; IVdMi tin; Mand dl' Sonlli i'wuf/v.i a like iinndier Wf^re taken, ami Irom the Island df Mas-ii-Kmnu imilialily a j,'realer nnmher WW taken. As to the Sandwichland the statistics are nut clear, Imt there can he no dnnlit that evur .'iiiil.OliK seals were taken trom tliat Ideality, ami in IKL'O the Islamis (it Snntli Shetland, siaitl, of Capo llirin, wcie ilisciivered ; and IVdm llioe i-ilands .'IJO.IIIMI lur-seals were taken in Iwn yea I'lliir liioalilies iVum which seal:: were taken, luit irn nther' whcie they were Idiuii; iiuiiiticrv. « • • t » • Till! caii.se lit the extermimitmn (if seals iu those loculilies was the indiscriminate ehui-actor df the. .■■Iriiinlitcr. Sdinctimes ns many as lifteeii ves."el3 would he lianu'iri',' nrnund these islands awaitius» "|i|(.rtMMily Id ;^ei their catdi, aii'.I every vessel would he ^^overmd hy individnal interests. They A'liiM kill evinylhinu that came in their way that tuinished a skin, whether a cow, a hull, (ir a iiudille- ^I'.-.va s"a|, Icaviii',' the yuan',' pups just Imrn td die fmni ncLdect and slarvatidii. It was like taking; a lurd (if cattle and kiliin;^ all tin! hulls ami ciiws and leaviiij,' the calves. The exlerniiualion was .sc i"iM|ilite in the,s(! localities that thi^ tradit was exhausted, and Voyaiies In those |ilaees were aliandonoil Ai«iut IHTil, nearly litty years attci' ihe discovery of the Soulh Shetland Islamls, when the occupation ut .Miiska liv the (•(.•.ssion of i;u.--sia to the t'nited States of the Iiehriii,i;'s Sea was lirou^^hl aliont Tlif ('ktiinium. — I want to inlerrnpt you to ask a (puslion hearing on that point. Were tho.Su ""ki'iiis ii, ihe South Sen.s never under thi! protectdiate of any (ioverniueiit at all ( 'll'.c iri/«..«. — Never. I was ^'oiiii; to say that when tlie cession was mado hy Ilussia to tho I'nitcl Slates dl this territory, and the suliject -.f ■' • ■• ■• ' . .1 . .. • :,. ...1... I'mii^ht 1(1 niind, peojile who had lieeii jirevionsly enjra!,'i Imalities ailer a lapse of in'arly til'ty ye.ns, and no seais weiv louno on im^ isiaim oi i>e.-diaiioii. riu.sc i'-laiiils have been used a.s the lireedin,t;-place for sea-elejihants, and that erealuie cannnl h(! I'-Vtcmanalcd on that islmd. for the rcaMin that cerUiin heaches known as "weather heaches " are IImv. The sea hrcaks rudely upiui these heaches, and it is impossihle to lami uiiou them. There avo 'litis, .soMuihin^' like llt'l) to tJOt) feet, of .shori! ice, and the .sen-elepliiuit liuds a .safe resort on thes(! W.ulics, mill still preserves enough life to make the iiur.-.uit of that animal Wdrlh followiu ' ' small wav, I li.lVc \.ss,. imi'liMilal 'fhc f^aiiilwiclijand, aui raoitmr li-,-s seal. MlPiit lliat then lI'.UOll skins. ','. .\her they had lieen abamloiuid for lil'ly years ^--■(. Yes; to-day they are ai^ain exhausled. 'Ill' last y.'ar's search ot vi>.ssels in that region — I have the .statistics here of a ve.s.sel from Stonin^'Um Ifi'iii the Siinlh Shetlaml Islands, repiirteii in l.SH.'^. and she procured thirly-iiiiie skins as the total 'Willi 111 .Search on tho.st! islands and .South (ieoruia, ""' ■ 1 iiiv own \es,1MI0, which number would have been largely inerea.s(!d had not \]hi sca.son been very .stormy and boisterous. American citizens rcsjiected (he law and tlio pulilislicii notice of the Secretary of the Treasury, and made no attenijit to take seals. From this it appears that, dining the lii.st three years, the number of contraband sealskins phiocd on the market amounted to over 07,000, and which, according to the testimony, destroyed iioarly 750,000 fur-seals, causing a loss of reveinie amounting to over 2,000,000 dcdlars, at the rate of tax and rnninl jiaid by the les.see of the Seal Islands. Limitatinn : the Lessee fnrbiilden tn kill any Female !<<'al. The followiu!^ h an extract from the official Ecport to Conj^rrss : — The lessee is pcnnitud to kill 100,000 fur-seals on St. I'aul and St. George Islands, and no more, and is jnohiliited from kiUini,' any female .seal or any seal less than one year .■» killing any seal in tin; water adjacent to .said i.slands, or on the beaches, cliffs, or rocks where tlioy haul up from the sea to reiiiidn l'\irthi'r extract Ironi Itcport : — It is idear to your Committee, fi-oin the proof .:ubmilted, that to prohibit seal-killing on this Sg.ii Islands, and pernut the killing in Behring's Sea, would i:" no ]iiiitection ; for it is nol on the islarnis where tlie destruction of seal life is thi-ealencd or seals are unlawfully killed, but it is in I la't p.art (if liehring's Sea lying bclwi.i'U the eastern ami western lindls of .Maska, as described in tlie Treat;' nf (Session, through which the seals pa.ss ami re]iass in going to anil fmni theiv feeding-grounds, S'liiu' i)0 miles .south-east of the rookeries, and in their annual migrations to and from tlui isliind.s, lixfract from Ucport of L. N. J$uynitsky, Agent of tlie 'rrca.siiry In 1S70, l« Jlonourable tico. \j. J}r)iitwell, Secretary of (lie Treasury. Tt will l)i' oliserved tliat this J{,cj)ort tvns made in 1S70, before any disj)ute liiid arisen with the Caiiiidittn .seiilrrs:— When the herd has been driven a cerlaiu distance from the shore a halt is maile, and a .siiHin;;iif the game a.^ to age, sex. and condition of the fur is effecteil. This operation reipdres the excrci.M' ufii llfe-huig e-.perience, and is of the outmost importance, as the killing of females, which mc m-ily ndsleken for young males, even by the natives, wiaild endanger the propagation of the ,^pccics. 'I'he same witness, wjieii ikjI .•in eiiij)lo\e of the Treiisury, t^tive testimony n aiiotlier point in IS*- ) : - V. Whcie ale. those' seal 'loiii .' Where ilo I he female .seals give birth lo iheir young.'— /t. .''n') are born on th" roid mode of killing; seals ])y tlie lessee of tlie ishiuds, (lie following ■ocouiTcil:— ■ (J. Dij Uu:y kill any IVniak's ( — .1. They iicviT kill rciimk'!. I An mdI kimw d Iml iiiic m l-wo iiifUiiiM". ill my fXiM'iiinici; Mlitre ii lumali' seal wa.s ever driven ci'it willi llii! (.-rowil. • » » Q, Iin yiiu iu'licvc seal life i:aii ln^ lavsiirvwl witluiui (invi'rniai.Mil prulooliiiii hvit llii'in <- /). 1 .1.1 Ilul. \V. I!, Taylor, a Treasury Ai,'eiil, was asked (he same (luestion as (o the killing of iiMuiiie seals, and he said that. '• he had never known hut one or two killed by thi! lessn; on Oie islands, and they by accident." lie was further asked as follows : - il. When tlioy kill lliu seals in (lu! waler.-;, almiil wlial iir.i|;:>il i.m iil' llniu iln ilu-y rceiiver ' — -I. 1 ilii lint. Iii'lii;\i' iimru lliaii Diie.-tourLli nl' tliciii. V. Tlie ulliers sink ( — .(. Tliey slidni ilieiii ami ihcy sink. (,/. Ilavi' yon ever luitieed any wuiiniled uno.s llial eamc aslu.iv ilial liaxo lieeii .iliot ( — A. N'o, .Sir ; I ill. II.. t ihiiik" I liiii. ' . . The same witness tt^stified as foil nvs : — (,'. Yi.u ilo neit. think, llien, l.liat, llie valiu' ..f lie' .s.al (islieii,--. and (lie seal riiokerios (onld bo linwivecl iimler an ojieii policy ' — -'(. X", Sir ; I dr. in.t. [ think if yiai ojion it tliOT will \>i\ ilcstroynd witliiiut que.slion. Q. l>o yon Uiink il iiecessaiy to protuot the .seals in the .-.'a ami down In their lerdin,L:-;_'ionnds in lii.' i'.ieilie, ir po.-iailile, in order to pivserve their full value and iho perpeliiily of si'nl lif.' ^ Do yon liiiiik tliey oiiLiht t.) lie proteeled everywhere its well as (.n tl,i. rookeries ' — ,1. Ves, Sir: I think tliey .iii;;lit to I.e piiiteeted not aloiic^ on the rockeries, hut on Ihi' waters, ot tlie Behrin^'s Sea. I do not lliiiik il is iie,.es.sary to ^.1 outsiile ..f the r.ehrinjj's Sea, l.eeau^e there is no eonsidenibh; nnnilier of tlit'iii. (J. Are they so dispersed in the I'aeiiii- thai they WouM not be iialjlc to dcstruetion < — A. Ves, Sir; tliey are scattered very inneli, and no hunters do uiu.'h hunlinj,' in the I'aeitic, as I nndor.sland. .\iiiillier ri'iison why they shouKl he pr.-.teeteil in all the waters of the l'ehrinf;'s .Sea is this: a larije iiiiiiiliir of .seals that are on the islands of eoinse eat .a ^reat many lisli every twenty-lour lifiiirs, and the li.'ili have' heeonie well aw.are of llii. I'm't that tlieri' are a good many seal on thi; .Siuil Islands, and tiny .-^tay out a Ioii,4er distance from the i.slaii.ls, ain.! they do not come near the shore. It lieconies mces.^ary for the .seal themselves, the cows, to yo a ;,'ood distance into the sea in order to obtain food, .tii.l it is there where most of the diinia;_'e i.s done by thes.' vcisels. They catch them while they lire out. V. .So on the rookeries lliey o., .mt daily I'..) food '. - A. The l'.ws g.. out eveiy day for I'ooil. The iiiilN ilo not ;..i ; they stay on the islan.l all summer. Thi' cows ',.'o 111 aiul .1.". miles, and even further, I il.i not know the average of it, and they are i,'oin'.' and coming all the morning and evenini.'. The «a is lilaek with ihein round about the islami.s. If there is a little fog ami they get out half-a-mile Iniiii shore. We cannot .see a vessel —I'M) yards even. The ve.s.sels tlii'iiiselves lay ar.iund the islands lliiTii where they ]iiek np a good many seal, and ilieve is where the killing ol eows nccnr.s when they g.) ashen'. 1 iliiiik this is worse than il would be to lake •_',".. ilOli more seal on the islands than are now tiikeii. I think tlcre is soiii(>. ilamage don.' in lb" killing and shooting of lb..' cows, and h'aving so many young without their niothers, (/ Is il your opinion that a hiig.'r number oi s.'.iU may be tak.'n an. lually without deliinieiil to lli'i niiik.ries ; — A. No, Sir; I would not rec.imiiii'iid that. Th.' lime may (..me, bill I ibink that one yi.'iir with another ihcy are taking all tlicv ought 1.) take, for thi.i rea.soi, : I bi'li.'Ve that ilie capaeit}' of the bull seal is limited, the .same as an.v other animal, and [ liav.' ^'iVj fi.!.|U.'nlly counled from lliiity to Ihirty-liv", and ovi'ii. at oi\e time, jorty-two cows with one bull. I think if there wen' more bulls then' would be less cows 1.. oii" bull, .iii.l in that way the increa.«n wi.iilil I.e gr.-ater Ihan now. While the numbi'r of .seal in the leggregalc is not a]iparcntly .limniislied, '.ml, in fad, there is undoubtedly an inereas.', yet if you trme any greater number of seal than is t.ikcn imw, this ratio of cows to one bull woiiM be greater, and for ihat reason there woul.l b.' a less numbc^r III' v.iiing seals, nil. loubte.lly. I look ii]ion thi' br.'eding .if the seal as soiiieihing liki- the breeding of any other animal, and tliiit the same care, an. I ivslriclioii, and .jiid'.,'ment should be exeriMse.l in lliis hroiiiling. The same witness (es(iliod as follows : — ',' Wlia'L will be the ell'ect upon ill.' seal r.iokeries il this .-un.'ptilioiis an. I unlawful killin'4 in I lie l!o!iriii','s Sea i.s (.i h,' p.'rmitleii .'-,■(. In m\ iudginent. it u.aild ev.'iiiiially .'M.'rniinate the. .seal. Mr. ('. A. AVillianis, of ('onueetient, h.-fore referred (o, lestiiied as follows : — 'i'. 1 w.iuld like to know — I do not know that it is .jnsl llii' projier time — hut I wouhl lik.' to got tliiuil.'ri 111 ihii.uc conversant with the habits ami nature of the seal, as to what their opini.ui is upon Ihe flk'ii "f llie indiscriminate killing of Iheiii while ihi'y are coining lo and going from tin' islands ? — -'. Ihat H .1 ipicstioii which I IhinL most aiiv of in here can answer. If you note the cunhirnialion of 428 tlie Aleution Isliimls, wliicli lunii a wiiU, I'.iid note tlii; giij).-' tlirunj,'!! wliutli tlic; seals coiiiis frniii tW Pacific Ot'cau scckiiii^ tlu; liimiil na lluwe islands, that is the wliolii imint. \Vh;'n tliey cniiic tlirou"li thcsi! various jia.sses, "^cnu'rali;, tlirnuyli tlio Oomiiak I'a.ss, tl conite lailcM with im|is, waiting; until tlu^ last m< sea is roasonably shallnw, nud thi^ c'liw.s , , . .^ . . ... ... -. iinciit ill till' water to j,'i) ashnrc to deliver, hccausotkv can roll and .serateh and help themselves better than if they haul out when heavy with ]iii]i, so tlicv stay in the water playini,' about until their instiiiel warns tlieni it is time to cjo ashore, and diiiiii;! that. time they are iiuussed in Ljrcat ([uaiitilies in the sea. (J. Now, ill that view ol' it, the di-stnietioii ol' them there is aliiinst piactieally th" same a.i tli.' dcstnietioii on the isliiiids ; — A. Ye.s, Sir. (J. And the conditions are as had? — A. Vos, Sir; and often woise. for this reason : If you kill n pup yon destroy a siii^de lite, lait in killin;» a cow yoli not only de-itroy the life tliat may bi;, hut tlu' source from which life conies hereiifler, and when they are killed tlii'ie in the water by a slint-pm or a sjiear tlie proportion saved by tlu^ hniiters is ])robably imt one in sev -.1. K\actly that ; the right of Inn-' thriaigh the sea wherever they please, but positive pioteetion to seal life, (,i Voii do not think it would be wise to grant anything el.se I — A. No, Sir; not at all, (,', .\iid ill no case to surrender the jiower nf policing the sea '— yt. No, Sir; under no i'ireii!«' ptaiiccs. (,', Could that ]iowci and juri.Mlietioii be suirendefed and yet ]ii('Ser\e this seal life en tin'-' rookeries and the value nf our lislieries that may be devc'.iped there ( — A. (bily with very great ri* Irjcaiise, if (hat right is surrendered, and thereby (he righ . . police (he .sea, the deprei'iatioiH that .«' mad'' upon the seal wherever they iiiiiy be found, wherever men Ihonghl they could carrv tlntiii "'i' without lieiiig taken in (he act, would be carried out. So it would be dillicidt in regard to the lishenoi Wherever they c'oiild kill these seals they eertailily would he Ih -e, and it would he inipi.'isihl'' l"' prevent thcni. :hn siimc lis III" 4-2!) ' III the stiitcincnts aiul statistics rciativi' f) fho fiir-soil (i^hci'ii's siiUinittctl by C. A. Williams in li^^S t) the ('.iiiiinittcc ol' I'Dngi-oss on .Mc.-clianl. .Maviuc and Pishcrios, aiipoaiN till! I'dllort iug : — Kxiiiiiinuti'in vi' Liu; ('luliiwt rocoiils ol' llu; I'lu'-sciil lisliory shows liiiit I'luiii llm il;il« uf iii.inV Micii.'iiiliiiii "I' lilt- viiliu' 1)1' lln! fur Uic )imsiul oi tlic aiiiiiial lieiiriM;,' it liiis Imiwi iiiiwasin;^ iuai ii^lciitli's^. Save in tlir. few iiistaiici'M id lie iiuti'il iKavariiT, wlicri' (LiviMUiiiitnts liiiv.,' iii'.iTpn.-njil for tliL' I'liri'iHi' uf iriciLrcaiu.^ si'ul lif>'. liaviii',' ill \io\v liciu'lits Id .iciriU! in tlic I'litiir.', tin: iiuiiiial lias hcuii waiiliiiiU slaii.L'liti'iini, Willi im n:,;,'ai'il I'lir u,:,'t', .sex, iir liimdiliuii. Tlic iiiatiin; iiiali;, llii: rmiiali' liwivy Hilli viiuiiu'. till; ]iiiii. ili']peii(k'in, fur life on the iiiotlier, i;iiuli ami all liavn heuu iinii^i riiiiiiiati-ly killeil or It'll III ilii' iif want. This I'mul ami useless hiUi;lii;ry has r.^siilti'il in cimijilclu iixteniiiiiatioii nf the fur-si'al Iruiii lucalitii-s whiih wcri' uiiio fivi[iiciiti;d hy luiUiuiis nf tliu s|iuuics ; anil, sn far as these luiahtii's ar iIumthciI. has iililiti'ialwl an imliistry whi..;Ii a little nmre enlii;hteii(!il sellishiiess might, havi' ]irrser\i'il in |irr|ieliiily In the .t;i''.'at ln'iielit uf all ranks of civilize 1 si^eiely. >;iithiiii; less thiui stiiii'4iiil l.iws, witii will iiiiwi-r III i-nl'irre them against all vinliitfiis, ean lUT-u-rve fa- man's lienelit the reimiaiil "fa race of iiiiiinals sn interesting,' and so useful. The iiinsl valualile "rniikery," or hrceiling-iilaee, of these animals ever kniuMi ti; man is now in tin; iKissession of the rniti.'il Slates. Hhw it has heeu eareil for in former years iiiiil hmuj^ht to it.-} present .^l.iti.' iif value ami usefuliiess will lie shiiwii later on lint the matter of its |iri,'Sirvation ami periietiiali'Mi intaet is the imipoititnt iiuestion of the moment, ami that this '[iie.stion may he cmisiilereJ iiitilli,L;eiitl.\' the evideiiee is le re |iresented of the wantnn ilestnielioii ih.it has hefallen ihese, animals when Irll un]iriiteele,d hy the law tn man's j;r'ed and sellishness, whieli, it is fair to say, is all ttiat ciniM he cxpeeled from the iinlieen.sed hunter, wiioS" nature seeks individual and iinineiii.ite gain, 'vith III) re'.'ird h>r a future in whieh he has no assuranee of |iersonal advantajii.'. Tile following stalisties are Lrathered from the journals of early iiavigati>rs, and siieh rnmine'ieial records as are miw availahle are siihinitted. Kfoi'iilni Land.- — .Vn i.^laiid ill .'soutle-rii Indian Oeeaii, diseoveivil ah. nit 177-. The shores of Ihi.s isliiiid were teeming with fiir-.seal when it lirst heeame known, lietween the date of its disiovery and the year 1801) uver l.liOH.OiMI seal-skins were taken liy the liriti.sh vessels from the island, and se d life thereon was e.xtenniiiated. Cfitclli. — The Crozett rslands, in .same oeean and not far distant, were also visited arid hiinlA;d over and the seal life there totally exhausted. .^fii.i-ii-Fiii-rii. — An island in Soiilhern I'aeilie Deean. latitude .'J.H' d.S' south, longitude .Si) 'M' west, I'iinie ii''Xi in order of discovery, and from its shores in a lew years were galheri'd ami sliijipcd I.L'Oil.iloo t'lir-seal skins. Iiel.iiio, elia]iter 17, p. oOli, says of Mas-:i-Fuera : — '■ Wl|. II til.. .\tni'ncaii(i rump tn tlii? place in 1797 aiid bi'tnii tiit*, there is iMt iloutit but. thtre w<..r>> 'J. 111)11. 11(1 I or ,'t,00 I.OUll ot tlii-iii uii tliL- isLiii 1. 1 liiiM- iii.itlt- an I'^-iiii.ih- nf iiiuri> tli.-i!i :i. 000,1)111) tliat liavi' lit-cii cirrietl t>> Caliloit Irm tli..nr.. in tin; Bjinct- nt' sjcvi-n year*., I liave carru-J nnir.! than lim.OOII myself, aiij li ivi. lirt-li at tlif J'lafi.' ttll..*ll then- ncr.' till' jt...'(il,. i»f Citirtei'ii uliii'- "r vi-^s./U f,ii tli.' islanil ?t on<' tiini' killin:; scits." Siiilli Slii'lh(u .sent, and there the priei' for each skin was from -1 to dollar-:. As several thou.saiid t(iii. ' • « • • • Q. I want to ask ynn whether or not the o-y.'ur-old seals, or many of tliein, wliieli slioiihl liavr returned tins year ilid not icinru because they had been killed ! — A. That seems to be the ca.se. Tli>' inaraudiu'.; was extensively carried on in 18.S."i and I88ii, and in previous years, and of ciairse the pup- that would have been born from cows that were killed in l.'58ri, or thai pi'rishcd ihrouuh liie Ices "i their mollurs during; that year, wouM ha.e come upon tlie islands in IS.'<8, and we should have Iw'l that additional nnmlna- liom which to make our .selection this year. The deficiency tliks ycnr c ulliibiiled to that ean.se — to the fact that the cows weri! killed, .\nd I would say Inrlhcr llial if iinv,'. are killed lale in the season, mi/ in Aiti/aiit, afier the jinps aii' born, the hitter are h'ft upon the i.'sliii!'' (Ipiirivcd of the mother's care, and of ecairse perish. The etieel is the .same win lln^r llie em.'" c killed before or after the pujis arc dropped. The voune; perish in either ca.se. • • » ' ♦ * » Q. It Ihin;! conceded that the islaiid.s are their home, ami nc- one beinj; iiitel'ested other tiiiia ll" American and I'lissiaii (!o\i rnmeiits, there would be no special rea.son why other nations wmiM olijc.el ? — ,4. Only Ihe liovernnieiits of the t'liilinl States and Kn;_dand are iiitcresled in the Aliiskai' seal lisheries to any ofcat exienl. The I'uilid Slates is interested in it us a, producer of raw iiialcral. and l''.n.:.laiid as a inanufaclurer of fni-s. f lhe.se two nations wen^ a;4rccd that seal life slioiiM li- protteled, I lliink tlieie Would be no trouble i:i fully proli'i'tinj^ it. It is a i|neslion of ipiitc us uiiifli inleiti.sl to Kn'.;laiid as lo the Vnited Siati's, for she hn.M a lar;,'e nuiiiliei of skilled uoi kmen and :i lai'-' iiiiionut of eiipilal en.^'aoed in this industry. I'nil'cssor Klliotl. of (lio Sniifliscnian insiK iition, Aviio lia- s]icn( .sonic tiiin' i" .sficntilirany rxnininiii!.': tin' Seal Islands tmd the liahits of ilic seal, liiiis di'.M'rihc-, lli' killing po>ver ol' llie seiil-iumter at .sea ; — 431 lli^ (lower to destroy tliem is also uu.nmiintotl by the liint lliiit those tienls wliioh aiis most liiilde l^i m«i:t liis eye iiinl iiiiii are the female I'lu-seals, wliieli. lieiivy with yoiiii;^, are here slowly nearin;^ the hinil, .soiiliilly sh'('|iiri;4 at sea hy iiiliTvals, ami rchielaiit to haul out from the <'ool eiiihraee of the water u]ioii tlii'ir lireecliiiL;-:.'roiiiiil-! until lliat ilay, ami hour evc m, arrivc-i which limits the period of their ^testation. 'I'Ik^ [)elai;ie sealer emjiloys three a^'eiicies witli whieli to sceurc! hi.-' ijuarry, siz, : lie sends out [luhaiis willi eamies from his vessel armed with spears ; he usi^s sliot-nnns and huck-shot, rilles and Inlls: and last, hut most deadly and destruetive of all, he oaii spread the "gill-net" in favourable woatlier. With '^ill-nets " nnderrun " hy a fleet of sealers in liehriiig's Sea across these converging paths of (he fur-seal, anywhere from II) to lOt) inih'S soutlu'rly from the rribylov group, 1 am moderate in siiying that suih a lleet eouM utterly ruin and destroy those fur-.seal rookeries now present upon tho .St'iil Isl.uLils in h'ss time tlian three or four short years. Kvery foot of that watery roadway of fnr-seal trivil aliove indicated, if these men were not cheeked, eould iiud wouhl be travia-sed by those deadly nets; and a seal coming from or going to tlie islands wouhl have, under thi' water and al)ove it, ■j.-'ari'iily one chance in leu of s.ifely jm-ssing sueli a cordon. Open those waters of liehring's .Sea to unchecked pelagic sealing, then a lli'et of hundreds of vessels, steamers, ,shiiis, ,scho(pners, and what not, wouhl immediately venture into thiiin, bent uprm tho inest vigorous and indiscriminate .slaughter of thesi- lur-.seals ; a few seasons of greediest rapine, then nothing wouhl be left of those wonderful and valuable interests of our (Jovernment which are now so haiuNiiiiiely endjodied on the Seal Islands; but whieh, if guarded and (.'onserved as they are to-d.iy, will last for an indefinite time to come as objeets of the highest commercial good and value to the uiirlil, and as subjects for the most fascinating bicdogical study. Shouting fur-seals in the o]ien waters of the .sea or ocean with the peeuUar shot and bullet i-arliidges u.sed invidves an immense w.aste of seal life. Kvery soul that is merely wounded, and even if iiKirtally wiiundej at the monu'nt of .shooting, dives and swims away instantly, to perish at some [wirit far di.stant. and to be never again seen by its human enemies ; it is ultimately destroyeil, but ifc i.s lost, in .so far as tlii> hunters are eoneorned. If the seal is shot dead instantly, killed instantly, then it enii he ] licked up in most every ease ; but not one seal in ten fired at by the; most skilful marine hunlers is .so shot, and nearly every seal in this ten will have lieen woundiid, many of them fatally Till' irregular tundiling of the water around the seal, !iud the irregular heaving of the hunter's boat, iKjtIi ;ieting at the .s.inie moment entirely indep<'ndent of each other, making the dillieulty of taking an ui'iiiniic aim exceedingly great, and the result of (dean killing very slendcT. Ml', (joorijt; R. Tiiiijlo, I'uitod States' Treasury Agent in diari^e of the fur-seal islands from April 1885 until Aut,'ust 1880, testitied as follows : — y. It is .Mr. Melulyre's opinion tliat tliey have not only not increased, but Iiavo decrease.! t_« J, There luus lieen a slight diminutior. of ,seals, probably, (,). To what do you attrilmte that ' — .1. I lliink lliere have been more seals kilhid in the sea than I'M'r liefore liy niarauder.s. I estimali'd that they .secured ;!li,(ili(l skins in 1887, and in order to secure lliiit nmuber of .skins they would have had to kill .'50li,0l)0 .seals, while this (.'ompiiuy in t ikiug liK),(lll(l ou shore destroyed ludy lliir(y-one seals. Tho.se were killed by accident, ."iometimes a young ii'.il, or one nut intended to be killed, pops up his iiead and gets a blow unintentioually. (,>. The wa.ste of .seal life was only tifty-three in 1S,S7 '. — J. Yes, Sir ; in securing 100,001) skins, while these mar.iuders did not kill last year less than .'illO.dOD, The logs of marauding schooners have I'alh'ii into my hands, and they have convinced me tliat they do not secure more than one seal out of I'Vc'iy |i>n that they mortally wound ami kill, for the rea.son that the seals siidc very nuickly in the Wilier. .\Uowing one out of ten, there would he ;!lll),l)Ull that they would kill in getting :!0,llOO skins: -OD.Iillll nf those killed would be females iiaving 'JOII.OOO pups on .shore. Tho.se pups would die by reiiRiiu of the death of their mothers, which, added to tlic :'iO0,OOO, makes fiOO.Otm destroyed, I am incliiicil to think, because the seals show tiiey are not increasing, or rather that they are .it a standstill, that inure ihan IJilli.llUt) are killed hy marauders. (,'. Vou are of tho opiiuoii, then, that the marauders are killing ''"iiiiiiercial Company ^—.,l. Al leitst five or six limes as many as tin ■ire killing. (,'. What will lie (he eli'ect if more stringent measures are not taken to protect the seals by ihe iniveniiiient ( — .■(. If more stringent measures are not taken, it is only a i|nestiiin of time when these •I'lils will he driven nltimalidy to seek some other lionie where they will not be molesUsl, They ^^•ill not lontiiiiie to be harassed; and, if lliis marauding is continued, they will, in my opinion, eithcT bo ',TH(hially e.\termiuated, or will leave (lie islands permanently and land al some other place, Tlioy miiv go on the Kussian side. V. Will marauding increa-ve if (he (lovernment does not dike steps to prevent it ! — .1. I think .so (,i. Is it practicalile (o prevent it ' — A. Yes, Sir. If we did not allow these cheeky, persistent, iiwileiit Ihilish t.'olumbia se.imeu to go there and defy the I'niled States and its authorities, it would M'ly siiiiii be „t"i;ied. When our rovenue-eiitters ,sei^e the Piritish scleiiinei-s, the eapt;iiiis are very iii~'"leiit ami deli;. at, and claim ihtil they have a strong (b)verument at their backs. I am now reCn-ring Kill "ularly to Captain W.irner, of the " Unlphin," He ..ve it as hi.^ npinidn that he did net seizure one seal- skin out df every fifty .seals wimnded and killed. Q. Have you .seen seal-skins njidn the i.sland that had hi'en shut ' — A. Very dllen. We i;atlier Imiidfiils df slidt every .season. Q. Di'es that injnre tlie market valui- nl the skins? — ./. I'nd.''nlpledl\- .\ny In'le is .m iiijary l pi-e.^n-valion 'if simI life to proteel the seal in thi' waters ni Alaska and the I'aeilie > — A. There is no doubt about it. (', The 111 rd rould lie exterminated uithout takilio them upon Ihe i-land,-- '- .(. They eoulcl !«■ cJtterminated liy a system iif luaraiidini; in the I'.i hiiuit's Sea, but I think the number killeil aloni; tlio British tjolumbia enast diil nut alleet the number we were killin;.; on the islands ;il that lime. hcTau.-.' tliore was apparently an increa-e during: tlu-.se years. 'Ilierc' had been for five or -ix years up to thni tiiru. Sinee I hat time in lk'hrin,i:'s Sea the seal have been gradually deereasini;. (J. Von Ihiuk tlu-ir deerease is altribniable to unlawful liiiiilini; in liehriug's Sea ' ./. Ther' 1^ r:fl doubt, of that (;'. As I i,-iili of your oliservaliiiu llieii\ muld you suei,'i si any belter lU' lln.d of liHservini; srul life in lieluiuLr's s;i.„ thim Ihat now adopted '— .(. Not unless they furnished, more iiveuee-vi."si.|s and niDii-of-war Q. So as to p.'rMol the se;i ( Idselv '— ,(. I lliiuk so. I dd not thiiik the seals seattt.r mm h tlinmsli any great di>lauie during the summer season, altliongli very late in the sun;' er Ihe smaller seals nmve. The females, after ojving birth lo their young, .sealter out in I'ehring's Sea for fo d. \Vi' know they lea\e the islands lo gn iulo ihe wat^'r. bei-ause they are eoiniiig and uoiui,'. Tli.'v siiilil" their young the .same as most animals. Q. I.nwiesi hunters kill everything they liiid. I believe., females or not '. .1. \es. Sir, Q. When a female is nursing her young and goes out for food and is killed or wouiide.l, tlmi roaults also in the death df her young ? -.1. Ve.s, Sir. As her youni; does not u'o into the water. 11 doe.s not do unything for soine time, and eauuot swim ami has to be taught. (J. Tl.i! .seals are born upon those islands? — ^I. Yes, Sir; they eoiiie iheiv I'm thai (liupa'ii' They eome there expresslv to brr'cil, bei.'ause if thi'V droppiMl their yoiin:.; in the waler the puii wniiM drown. (J. llo you ihiiik the value of the seals justifies llie poliey that the (lovernnieiil piirsuis , a ilicir preservation and protei'l ion ? — ,(. Ve:i, Sir ; I do, ^1, .\!id tindi r a ri>.'idly enfoieed system proleetiug --enl life in the waters of ih.-.- -eas dn .ii'i 433 tliiiik liu^ Iirnl cdiild In; iiiatfriiilly iiK.Toasoil ? — A. I think il wimM. I l.liiiik tlieru in no ilotibt but wli.it it wuuld. Hilwjii'il Slilclds, of N'jiiicouvcr Islaiul, a sailor on boanl thi' ]}riti.sli scliooncr Caroline," ciiifriLtcd in soal-lutiitini; in H(;liriiiii;"s Sea in ]S8(i, tostilied, aftci- tlie vessel AViis seized, that tin- (iSd seals taken dui'in'^ the whoh- time; they were cruizing iu the open sea were eliielly I'enialos. .\lr. II. A. Ulidden, Treasury Agent, vecialled, testified as follows: — ','. I' 1 till' imiiiliui' (if skins l,iki.-ii yim (•stiiuiili'ii tlic iiiiiii'uiT killwl f — A. Tlial swisnii 1 know tliijiv wori' lliiity-livi^ vcssuls in the wn, iiiid \Vf cajitureil lll'tccn \i:ssi'ls. 'Y\h: catches of llic V(ytsc!s wore puhh^hi'd in tlic iia|i(M-s when '.hey anived Imnie, and avenc^eil fnini 1,(JIIU In 2,"iUil skins eaidi. (,'. Viii (-.liniale, then, that dmin^ thi^ seasim du.ti'lil skins were taken ? In killini; iheni in the uptMi se;i they du not recover every seal tliey kill ! — A. Xii, Sir; I do not think thi:y do. In fact, I knew they do not, jiid;;in;j licini the anionut of sliot and leail taken lioni the .seals that aru afterwards killi'd en St, I'aid and St. (Icorije Islands. (/ Sfi that the destruction of the seals in the ci]ien sea woidd lie much in excess of the nunilier taken, prolialily ? — A. I have no very accurate infonnalinn on which to hase an opinion, Imt I should juili;c that they hist from 10 to Oil per cent, of them. I .saw a ^'ood many sliot from llie boats ,is I was a|i|iioachinj;, and think they lost two or three out of live or si.\ lliat 1 saw tliem shoot at. ','. I-'omi yoiu' oliservations liave you any reeonnnendalions or suoir(.'.-;tions to oiler, the adoiitioii of wliirli wuuld K'ad to the li(!lter preservaticjn of .seal life iu these waters than is now provided by law ? — .1. There is a dillereiire of opinion as to the construction of the law. I firmly believe that the tl.jvcinii.ent should either protect the islands and water in the eastern half of I!nhriu;,''s Sea or throw up tlhir interest there. If the r>i!hrin;.,''s Sea is to be re^'arded as open for vi'Ssels to ;.;o in and capture .-uils in the water, they would be e.^terininated iu a .short tune. .tiniony :— the waters nl Svxoi'sis of i;, ply to Mr. ni.due's Letter to Sir .1. I'auncefote of March 1, 1890. Mr I'daine's reference to iuiliserinnnate slau^^hter— note iu point I'Atraordinary ])roduetiveness of seals lemkcries in South I'acilie withheld extensive raids for years ... .Veiu' of Tacitie tisheries ever ecpialled tho.se of the I'ribylov group History of South Shetlinid Islands, and wholesale destruction theieou ... jlcsiructiiai at .Mas-ri-Kmra Cli:i]iel of o|.iniou that Km.ildO a-year could have l>een taken from the Shetlands nialer jiroper restrictions Pups in thonsands found dead on beachi;s ... Iiii'orrect statement in liepiut of the IIoir-v last Uiiec i>v IVaii' vimu> Mr. Mclntyiv, (lnvi'iinncnl .V^cnL, al'lfiwards a Sii|iriinli'ndi'nt I'lii- llic ( 'imiliaiiy... Thinks iinc-lirili uniy ul' si'als slail aiv li'i'ovt'rcd — lunnd seals witli slait — attriliii.is dcliciiMicy nf .seals in 1K.S8 to the lad tliat mws ucrc killccl - altfiiilits III leduii- L'stiniate, as tci nunilicl', ol' Kllicitl and I 'all liy (inediaH' — lai'.'u d It'uira.sc in lSH7-,S«---df consiilcvalilc |ielccnta,i;c ol' killed ■ sinci' IS.'f^, es|ie(ial . IH.Sl- ii]i (if males— 411.11110 skins in ISSO and 1887 taken in Helninji's Sea — this merely a .surmise — 8(1 cir IKl jier cent, of eateh fenndes — |i(isitivc' lestimiiiiy nf lliis \vitiic.s.s on matters nf o|iiniiin nr hearsay his stateliaMil that islands nmncilesled liiim 1870 til 188.") iiicurreet, as well as .statement as to decrease IVnm 1882 and 1884. .Mr. Klliiitt's lestinainy ... I!e|iiirl reenrdinj,' him hy Mr. .A[(irris in 187'.' — Mr. Kllintt's evidenee liel'iivti ('iinj,'ressirinal Cnnnnittee ■,'ijes fmlher than his jirevians wrilinus — his statement re^'urdiny luss nf wunnde'd seals eiinlradieted. Mr. Tinjjle's testinmni' ... On islands, I88.'i to 188li— sliirhi diminnliim iimlialilv eahidatimi nf ealeh fr ■iiiii entr. in Uv' nf " Anuel I'cillv -e.Ntranrdmarv iirdin: i:row (if " An,^'ol Dully" — Mr. 'rinj,'l(; cuntradiels Mr. Alclntyre — iiiciease since Jlr. Kllidlt's I'dunt, 187Ci, 2,l.'!7,00(i — critieism nf '.Mr. Kllintt's statement ir. decrease, and |inints nut that Mr. Kllintt was nnt nii the islands fnr fuuiteeii years. Mr. W. Gaviit's testimnny On St. tieiirj^i! Island. 1H87--88 — had character nf emiilny('s nf (.'nnijiany — iin means nf A^'cnls knnwin" nf nnlawfnl killin''— nn a''('nt can ,sav when :.enls an •aptiired I iff the i.slands — lessees 1 aiv seal.' Is killed at Onnalaska— frnm (iovernment and nne fmni tin Aj,'cnls drawin;;' Iwn .salaries, Comjiany. Mr. Aloulton'.s testimony, 1877-85 Inereu.sii in nnndier seals tn 1882 — to catch nf mothers. I'klward Shi(!lds, .sailor, as to catch of li8(i .seals, chielK females — c\istnm nf hunter- tn I88."i — niiininn ai id evidence as to cda skins nf seals under lhns(' of luature sea's as females Mr. (Hidden, recalled, hased his estimate nf •10,0IMI catcli from iiewsiia]iei Inexiieiicnce nf witnesses No crnss-examiuatinn of witnesses he n|iiiiinns of witnes.ses Their o|iininiis an^ sulislantially that females nursinj; j;n nut fnr f( Tl vliei Ls.sue away frnm islands are shot — izreater part of catch in Hehrinji's Sea nii up nf females — many of the .seals .shot are lost. joined nil these liv Call, idiaii (Iovernment. .Seals III iiciteclcd and nf pups pi, Did'e increased in iiumlier liy (1) jiroper jiatrol of islands ; (2) killi hiliited ; (.'1; rednctinll of pll)is In lie killeil nn islands; (1 limit of I.'iolitlis for killiii.Lj; (oi pivvenliou of kii' •■l; hy Aleuts at the Aleutian Islands ' lielw ceil llou.se of licpicseii utalives' Conunittei! and .Mr. I! aine as In when llijurv lie.uaii In islands — 1880 or 1880 Important to shou- how iiisipiificaiit catch of Cauadiau sealers cnnipared with deinedatinns successfully survived hy islands Depredations on islands ami calch mitside islinnls — 1870 1872 ... ... ... ... ... ... 1874 187o 187(i 1877 ... ... ... ... ... ... 1878 187'.l 1880 1881 1882 18H:t 18,^4 1885 188(; Xoiie of the depredalious were coiumilted hy (.'anadian .M'alei-- .Mr. lilaiiic refers In increa.se and ]irnlilalile pursiiil nf iiidusiiy dnwn In 1880 "resent value iiiiil cniidition of islands heller than ever ■jmpaiative oilers for lease oi' ivlaiids, 1870-0O 430 4:i9 ■no 4411 Ml 44-J 44:; 441' 44J 44'.' 44-J 41:; It:: 44:i 44:; 14;; 44:; 14:i 44:; 44;; 44;; 14;: 14;; 144 444 444 444 444 144 414 44: 44." .(.(.■, 44;". 435 Tunc Kimviumis iL'iitiil and |iii)lils received l>y I'niteil Stales IVoiii llie islamls ... ... li.'i |lccei|it.'< iind <'.\iHm.9es--'.),"i-ri,i;n:! dollars reeeived liy the I'liited 8lat(!.s in e.\eess III jiiiiclia.^e jirice i)f .Maska... ... ,,. ... ... ... -iih .Maivelliiiis iiiereasu (if seals in spite nC depredatioii.s rel'eri'eil to ... ... 445 18f)!l, l.TU.S.IMMI— IHTI, -t.TlMl.llllll— I.H84, ilierensiii^— 18H,^>, no p|iaiii,'e; eoiinl- ■ ,'.■ less iiniidiefs -ISH7, -itill on (lii' increase — IhfjH, no rlianu'e. Willi total of 4,70l),(liM) in 1S74, Lieutenant Mayimid of npiiiioii ll-J,iliiii youii;^ male seals eiin lie safidy liilled annually ... ... ... ... 44(j li'el'eii-nee lo .Mavnafd's and Itryant's IJeport US to liiiliits of seals supports Caiiudian eonleiilion ... ... ... ... ... ... ... 44li (,'iuiailian (ioveriiinem eonteiids few femiiles in ealf ever taken in sea ... ... 441) More feiuiiles in a lierd than males ... ... ... ... ... 440 Canadian contention sii)iported liy lollowiiij; facts: (1) seals on rookeries still increasing,'; ('J) old Imlls ^^o into water at end ol' riittinii,' season and do not return to islands — Clark oti males drivin;,' others oil'; (I!) two-thirds of males not permitted to land at rookeries — occasional visits lo land — yeiirlinf,'.s arrivo middle .fidy— iion-lireedini,' male seals eipial breediiij,' .•-■eals (1,51)11,(1(1(1) — liaclielors not |on>; on shore -females do not feed until youn;; fin into water ... 44t) Hulk of seals conliiied lo island until ice surrounds islands ... ... ... 447 N'ever eat until deiiarliire (see Mr. .Mclntyre's I'eport, p. 44M)... ... ... 447 Hulls prevent mothciH takini; to water ... ... ... ... ... 447 Itmikeries full lo .Inly :;,"), and riMiiaiii in limits ... ... ... ... 447 N'li -^eals sick or dyinix on islands ... ... ... ... ... ... 447 Cimadian contention sii|ipoitcd hy Keporl on International l''isliuries Kxhil'ilion f London, l'<8;i)--,Vatnre has imposed a limit to their destriiclioii ... ... 117 Mr. Mliolt. in 1H74, aj/rees with the ahovi' conlenUon — the ei|iiililirium of life rc;;nlaliMl... .'.. ... ... ... ... ... ... 447 .Seals u'el their fish in North I'lveitic ... ... ... ... ... 447 Mr .^il Intyre's Jieport as to haliits of .seals, ISOO ... ... ... ... 44s Seals take no I'ood until their de|iartiire from islands in Xovcmber ... ... 44S The duty uf (iovernment to padol islands — Mr. Tiiiyle in IS.Sti asks for cutters to liatiol islands — Mr. Moi'Ljan recomniends laiiiii'he.s — Mr. VVardman alludes to iiiadeipiaoy of protection 111 islands ... ... ... ... ... 44S Ml. Williams points oiil insuMicieiiey of iirolectioii to islands ... ... ... 448 Mr. Taylor says, in ISSl. the dilllculty arises from the want of heller lirotectiou — Mr. (Hidden a;4recs ... " ... ... .. ... ... 448 Mr. lioiitwell, Secretary of ihe Treasury, in 1870, conceived the duty of the (iovi^rn- nienl was to (>ltlcieutly "uard " in and ananid the islands" ... ... 448 Tile inlerests on helialf of a monopoly cau.se diveri,'ent views respecting the priileclion of .seals ... ... ... ... ... ... .,, 44'.t Ml. liryanl shows the value of the h-ase in eonferriny u monopoly — Mr. Jfoore illustrates this ... ... ... ... ... ... ... 44'.t When the Coiu)iany look less than 1110,000 seiils it did so hccau.so the uiarkel did niil demand ihein ... ... ... ... ... ... ... 440 .Ml. .Ml Inlyre shows that 800,(1(1(1 won>. once thrown into the .sea as worthless when the market was glutted ... ... ... ... ... ... 4.'pO Killcr-whales aud sharks the enemies of .seals ... ... ... ... T.'ll -Man's as.saults at .sea small in comparison to tlu' natural enemies of the .seal ... 45(1 ('(Uiadian .system of hunting ... ... ... ... ... ... 450 Mr. Klliott shows thai if tempor.iry dimimUion does occur on the Islands of St, I'aiil and .S|, Oeorge. tlie nii.ssing seals are probably ou the Ku.ssirai islands ... ... ... ... ... ... ... ... 45(1 Mr. Tiipprr lo .S'/r ./. Pauncfjote. I>i"ir Sir .liiliiui, The Arliiiijlon, U'nshiiiijtoii, March 8, 1«!)0. I iiiivi; (lie lioiKitir to inclose licrcwitli a .McnioraiKluiu |)i'('|)art'(l by nic in reply lo the Mi'moraiKliiiii sent to voii bv Mr. lllaiiio. and wliicii voii iianded to me upon the 3c(l instant. 1 send you a ropy Cor yoiirsidf, oiii' for Mr. Blaine, and one for M. de Stnivc, the H(issi,iii .Vinbassador. I also have tlic iioiioni' to forward hercwitb a valuabit! paper upon the subject, picpaii'd hurriedlv bv tb(! Assistant Diroetor of tlio Ooloo'jcal Survey of Canada, George Dnwsoii, 1)..S." l'\(i..S., F.R.S.C.'., IM! .M.S. I may iild llial Dr. U.iwson was in (diariro of tlie Yukon lApedilioii in 1S87. Copies of bis paper are tiLso inclosed for Mv. lUaine and M. de Striive. I am, &c. (Signed) CHARLES 11. TUl'PEK. 128] 3 K 2 436 Mniwmiuluiii ml Mi: lltnine'^ Lcllfr In Sir Jiiliiin I'duiurfnli , iln/iil March 1, 1890. Ill llic .\]i|i('iiilix til Mr. liliiiiir's li'llcr nl' llic 1st Miuili, (ni llic Ihinl ]i;if,'c, is iiii oxtriu't from a IJejKjrt to tile lliiUM' of l;i'picsi'iit;iti\(>i. in [ullnw.s ; -- '* 111 furmcr y<-:ir.4 lur r'luki'rii's wi-re ilrBerlvi), llic; uniinul^ liiiviiiK Ix-iii Itillcd or ilrivt-n t'rnin tllt'ir haiiiiti.'' While it is ailiiiiltril lliiit iiiilisiiiiiiiiiiiti' slinij^litris iipnii llir ruuki'rii's arc irmst, iiijurimis to tlii' maintciiaiwi,' 111' si'iil liji', it is ilciiii'il thai iti the liisliiry nf tlii' I'lir-scal iinlustry any iii.stain' n 1k' foniiil wliorii u niiikcTy lias rvi-r liriMi ilcsliuycd, (liipli'tnl, or cvrii iiijiirrd 'ly tin' liillini,' nl' seals at sen only. Mr. KlliotI, Willi is i|iiiilril liy Mr. IJliiiiic, ailiiiits lliat tlic niiikerifs in tlie Si.ulli I'acilir withstood attacks lit' the must c.vli'iisivi' iiinl ih'strnitivr chiirai.li'r I'nr twenty years, when yuiini,' ami ulil inalw and fenailes were iniliseriniinately liiii',eliiin I, it iiiiiy liiMo !»■ Inn, t.'lillliei'tinil, |i. iiiciiliciiMl liy Hira If tiiki'ii uihUt |irci|ulM. Tlie first ijroiip woulil riiiiijirini! i,l>. IM>rill^'• 1011,111111 killi'il III IHH.'i 1 (.'i>|,,miiiii: r liUnilf (llehriiiit uiid ('ii|i|>t'r Inliiihl'. 'l.'i.lliMI ; S.iil Miiililii, l.lllllll I liiltil, UU.llllll. lid grniip, lln- Hc.i iictir tln' romt i,f Virtorij, 70,000; I>liiiid>, l.^.nOO; i»li,n,ll li.':ir Cllli" Mm III III,' Suutli r Si I, 10.0110 ; i'e))oit, vol. ii, section o, p. d.S'.l, wliere he says: — "Till' Aluuts tirti a' llie nllcr al 1,000 yardu rant,''', and that, when tiit in the lieiid, nine tinit'S nut of ti'ii tlu- sliitt is (alal.' In the ease of huntiii,t,' the seals, the piaetiee of the wliitt! Imnter.s, all expert shots IS to p.Hl to the seal while asleep in the water, shoot it in the head, and at ouee haul it into the hoat ; while, the lii'liaiH ap]iroacli it in a eauoe and spear the seal, tlie head of the spear .sepiirittin,u itself ami heinn aU.iclicil to a rope hy which tl il is dra.L'.u'cd into the canoe, h'eferenee is made on p. 4 of the .Vpiiendix to ,\Ir. 111. line's letter to the liniitat ISTu. These conditions, it is emitended, are most ineoiisisteiil wi th tl -.irdii le pre ■of lit view of the United till ions 111 tUe least ilanL;er to the preservation of .seal life. With respect to this the following' facts M.ile.i re ,'i|iiioli| III- carefully uoled : 1. rp to 18112 no Law in liussia existed iirohihitin;; or forhidiliiiL,' the killing! of seals, and in that vi-ar an inoperative Law was ]iromuh.'ated. ;See liussian Menioramluiii, M. de Staal to Lonl Salislmry, ':;."itli .iidy. Ls.ss.; Mr .Mel ntyre, a Special Agent of the Tieasuiy Hepartinent (II. L'. I'.x. Doe. \i p. 18), records tlii! eatch taki Prill' -list Congress, slaiids under the l!iissiaii-.\iiierii;ail I'oiiipany, as follows : — Tvii.i the Nuinlii llf Knr-seals taken liv the I lUssians o 11 SI. 1', id St. ( eiir;4i' >lamls from isn I SOU. Yiar Nurr.!.'iT nf Si'al-i. i-i; l!lH iSI'J IS2II I,-'21 1"2'.' 1«.>3 IsJi I'i'i I '2'.l \m IK3I IS.M \m \m m:, \m im; 1831 is:i:i liO.I8H ,'>9.85l) 00,220 4r,9'.l.'> .1fi,4li9 2(1, H'S 2."i,400 ;)o,ina 2.1.2.')0 l'.i.7iio 2:!,22S 20,811 I8,ii:i4 io,o:m lli.l4G ir,.ii2 i5.;,')i C.^iSO Ci.S'JO li,S02 (i.OOO" li.OilO* Nuinli.r of .>;,'.ii<. isio 1811 1812 l«i;i ISII IS I.-, ISIl'i istr ISIS 1810 Is. Ml isrii ISJ2 IS.'ili l«.-)l IS.-..') 1801i isrir 1858 185il 18GII S.llOO' S.OOll* 10,.170 11.210 11, '.124 i:i.G.ir l.'i.O/O 17,703 li.r„->o 21, 450 ri,770 (j,,'i04 ll,72.'i 18,0,'!5 20,140 8,585 23,5.>0 21,082 31,810 22,000 21,.VJ0 Totiil in II Yi-ars 765.087 Approsiinativ <13S Iii'friiin;^' t«» till-* Talili', Mr. ^fcriityn; huvh: — " Till- tmitili.T of hchIi on St. I'nut Miiinl i^ vitriim<«l]r rtriiti iUhI nt riuni :i.OOO,(iU(t tu 1.00 i.OOD. iit'tu'li'n; >ill iii«ir>H, itml on St. ftfurKi' )it idi^iiir iiiK'.tliinl an nmiiy. I think it mny l»' !>.ili-ly j\tnU'A tlmt tfipn? mv imt U'^% tlmrt I.ODIl.tMMI on ttn* two iiiUixli. '"Iir TjiIiIi' rrnin tlic n'conlit of tlii^ litti- Itii'Nixii.Arnrric-iin ^ 'ntn|iJifiy, il|t|>rriili'il to thh R<>]inrt, Ptlilhitt llic rminlM'r of mmU Uketi from -.-..- . . _ __ _ ^^^ riu rcr.ppM wrri- r;ii'li lOiiiiil lium 1-»I7 to \H:\7. itiul from lUli to lS)il(. I'nviiHiHly lo l-^i?. *iy^ the Ijttc MihI„,|i V Knitii till- 14111.' (HilliMrity w.- limn tint (lurtMn tiic first {>'\f yrnv follnwiiiir thn ilioiovorjr of tin- i-!iiml-« in I7H| ovpr I'lU.O'lii >ki wirr iinntiiilly olitiinx-il ; li.il llii<. it kitmin, wiix too liirftt* n niimbrr. for titi' ilrcreaNf id tlu- vnirly rctiirtt wn* roiifltniK until 1h4^, wIk") rlicv l>a.ooTi he tr;ni<>rtTi-i'il to tli<> Uniti-il Stiiti-.«. ' Thr itirn'ntM from iHlJ to iH.'tH,' nitya lliiliott Vi-ni.-im •■r«j(«l iilxmt orK'-eiKJiih of tlitr wliolc nunilhT iinnu >lly. so tliiir m iH.'tl tlirn- wfr>> jiroduad »ti b»tli i-l;iniU, in")*-:!.! uf lit). (Ill ■ t<> 80,000, "Illy \b,7't\, iiiiil in lH.17, ti,w|).!.' Krniii the nio?it I'lircful coniiiutiition t liavn lirni iililr to inakt*, 1 mil nf tli>' opinion tlmt no tn'jrr tlmn lOO.ii'MI— 7,,.in)i( on St, I'inil iind 'J.'i. 0(111 nn St. (ifornti — fiin bi^ iinnuully Uiktn witlimt im-urrini: tlio rmk of iiitnin (liiniriiihinn tlir vcnrl V |iroilu''tlon. nn wi nliMTVr ih>' Uii''''i;in!4 to Imve dono in former yi'iir«.' Willi, Cliicr nf 1^111,1 Scrvi iii-Ainfiitim TeliiHliipli K.\|H;ilili(iii, who ii'|«)ite>l in IHf.H i.ii iiiiilimiiiislicil (•uniliiiiiii ol' iln- scul lisliciT. (11. 1!. Kx, 1)cil'. Xo. J.77, 4(llli Ouii},' 2iiil Scs^iiiii.) Six million si'iils liiiil Ih'cm lakcu Irnni lliis ;.rii 1jc1\vci-ii ISH .tml ISTlt. {I'iili H.iU mi " Ahiska iimi it.s Kcsiiiirrp-i," 1H7(t, p. Vrj.) •_'. Ill l«i;.S iriilcliiiisMii mill .Moii,'iiii, llif ]iriiiiiMli'f.s ami Iniiiiili'is nl' llic Alaska Ciuiiincri'iiil ('iiiiiiiaiiy, ami iifliTuanU li'ssc<'s fil' llii' islamU, saw tliat, milcss ru.slriL'liiiiis wfw. iiii|niscil isliliiil.i. Illciv Wiilllil lip luill tu tlic Vdiiki'lii'S (II. W. lilliiill, " Onr .\lrtir rinviiirc," |i|i. Ii47, 24H|; coiiseinii'iitly. Iiv Act. of ( 'iini,'i'i!.<.s ii|i|ii-(ivimI tlir i;7tli .hily, IHii.s. |lit> killiui,' ul t'in-swil,< mi Iln- ishmh ii.s |iiiiliililliMl (W. II. Mcliilyii', ,S|inial A;;iiit. Trca.smy DfjiaitiiuMil, 11. I!. K.\. Dm'. Xii. 3(i. 4Isl (,'(in;,'ii'.'is, liml .Scsiiuii, ji. ll.'\ Nolwitli.-ilamlinj,' tlii' Act to wliifli ri^lV ,'50,(11111 wi m1 nil .St. (;coi'.'p ami irii),lMlli nil ,St. I'aul liv \nu\vK in J8(i.S Hial \m^ liccli iiiadi', •J'.Mi), 1110,1)11(1 ill ISnO IW. H. Mrliityiv, H. l;. Kx. Hoc Xn. DO, -Ust ('mi^'ivss, \>. 13). Mr. Waiiliiiaii, ill! .Vuent nf the I'liilcd States' Tii'asiirv at llii' .'^i ,il l.slamU, in his "'I'linii' .\hiska," iPiiMis IH.S.}, nil 1,, <(2, siiv.s:— ' (ii'iirral (iii>ljiiii.'lit, ttirfiilcnini; rlleriiiiii.-iliini, )iy Ann'ric'in ti'nii-1« ituri.ii.' Iln iiKliillaliiiii i.r Uiiilivl ISLiti'ii' (ii llt!( (nnk |>l rrrriiiiuiii ot ilpjiartiire I't' lliissian and .Villi till- siiiiii' ntlic'cr, ill his >wnrii tr.^tiiiinliv j;iviMi lu'l'nii' (he ( 'nii^'ics.-ininil ( 'niniiiitlCf, stilted thai :;(lll,(l(ltl \\v\v killcil ill l.SCill. '■>. Xnt withstaiiiliiii,' this i omiiiinii n| alt'airs, Si'cntary liniilwili rc|inrlril in l,S7(l (11. 11. Ivv. line. Xo. IJ'.t, )), L', 41st ( 'niiififsri, :!iiil ,'si's«ion) that " il' tliu iiiiiiiials aiii luotirtfil, it is prnliahli' tliiital«nit 100,(1(111 .skins may he taken I'lich year withmit iliiiiinisliiii,!,' tlic su]i|,ly." iiml lliat " ;,'ri.'at ram wi- neoiis.sai'V I'nr the ]irosci-valioii ol' the seal lislu'i-ics iqiun llif Jslnmls af St. I'ntil dinl SI. Ginr;/'." So I lull, ill his book on Alaska |1H70, |i. ■tO'i\ in rcri'iriiii,' tn sliiiii,'lit('r hv lliissiaii.s, hrliincil that lOO.OlKI .seals " • Iiiliaii raiinr 111 sal'ulv 1)11 killtil aiiiiiiallv iimliT l!("'iilatioiis, ami .Mr. Itlaii I't'oto of the 27th .fi II', 111 his ilrsiKlti'll 111 .''ll Hillary, says : — *' lit till! cnnrsf of fi f.Hv yi.iirs of intpllim.nl iinii iiiti'rr.Hliin; t'-XinTimtiit tlu' niuiiluT tlmt roulil li,; Mitcly slaiii^liliT. (I *.i> liii'i 1110,000 l»T annum." -M r. I'lniitwrll, as will 111' seen mi leleri'iiee in his 1, e|inii, was n)i|insed .1 In a le , ami rriaur k.'il for that il was neecs.sarv in any event to niaintain in nl urdniul the islamls an eiilaij.'etl naval In the ]iroti'elinli nf thr .same. Tlii.s llepoit was lollnweil hy the le^;islatinn iiniler wliieh a lease was o.xecuteil in .Mav 1H70. 4. In ilniwiiiy the terms of the ease ami lti'.L;iiliilionK eoiiceniini,' the islaiii Is the I'niteil .StHlf- tl I'lliiilteil, in the thi'ii stale of alfairs, the lessees In take 1 110,11(10 seals a-yeiir for twenty yi'ars, niiil ley well.' ]iermitleil to make up this iinnilK'r from any mah' seals of 1 year of iiije or over. T K'. natives wiM'e alloweil to ilesliov mi the islamls III some years .'i.tlOn. I'"l ■ills of either sex I'nr I'noil. iiuiahiTiii October. 0. The 100,1100 rniilil be killi il by the lessees in the monllis nf .liii,e, .Inly. Sepleinber, ami Uiion p. S of the .\ppeiiilix to .Mr. Blaine's note tlie opinion of Ibe (,'ommittei il lliiii.'f 'if Iieiiresentatives is '^'iveii tn tlii' elfeet that the proleetimi of tint islamls is not eiioiii,'li, but that the siaiL t be )irotei'teil in their annual iniLtratimis to ami from the rookeries, ami for ."lO miles sniilli-i'a.'^l i ijf the rnokeri's 1(1 their feeiliiiL'-.uronmls. 'J'liis is a far ilillerent propn.sal frmii that siibiiillril by ihf Seeretarv nf State, since it lines not embrare the whole nf the Hehriiii''s Sea, bnt Incales tin: t'eeiliiig- ronni Is, so calleil, within ."lO miles of the islamls rile oilier pniiits, on p. S of the Appciulix tn .Mr. I'lhiine's letter tn .Sir Jnliiiii I'aniicefnie nt II: ilril install',, need hardly be dealt with in disi'ussiii!,' the necessity for iv cln.se ion, reference tl lerciii tn the rliic' nf tlie lierd I'nr killiii'' mi land sn as imt to kill the fenmli Ix'iiiL' rp.-t adiiiitledly wise, since the killing,' is dune I4lli Jiiiic when the ]nips are beinj.; dropped. Tli of p. S nf Mr. lilaine's Mcmnrandniii nii.scs the |iiiint that ii seal is nut a lisli. Sn mi p. !l leslimmiy is cited tmicliiii;; the necessity I'nr not killinir females mi the ronkeriii. wlita wholesale slaii;.,'htcr of 100,000 a-year ^'nes on, and this is not here emilroverted. The npiiiin" "I ilr. (diildin. wlin.se experieiici^ was ennlined tn the loml iijieraliuiD^, reoarding the propollinii of .^4, Itllll 1)11 :i llic l«ii i.Unl., iif -I'.tU tnkcri from I ri-ipnU wrm keyt .viT |iMI,cii)(J .kini Mi«riuit iitilil lh42, <'ij liul 11.. '.lit ; Iw Iti.'li w.t- rlip Ur/f4t ii|ipiMiriNii (list Ihf iii.iiiiiiiil)', ' .i>"riu(uf aitiiiii iltiniriiiliine Willi li'|il)rlnl 111 •iHlli Ciilli^ri.H^. I >.ill oil " Ala.' f/lllC'/i." iili.s, bclii-'vcd (hill lis ilcsii.iU'li til Sii 1,1 ilii! ^iiil liMliiirics, iiiitl llml il i.s nwi'ssnrv tci iiiiptcrt llic .sculs in llnhiiiiK'.s Sen, ii.-< Wfll ii.s mi llio i-liiiiiN, i-^ Kill liasi'il ii|ii>ii iiiiK'li |iriii.'ti>'iil kiiowli'il;;!'. Ilr I'lirtlu'r Hlatcd tlmt iiul iiiiirli liiiiitin^' wnx ,|i,iiii in llii' I'licilii'. Iliiiiiiiualilii Mr. Williuiii.i, at |i. HIT nf I'MiIimhi' In Imv lln' ('iiM;,'ri"i'' llifv ifn rm lOir kii'iH^.*' Till' I'.iiti.ili Ciiliiiiiliiiiii sciilnvs and tlir ivrord nt llirii lad-lii-i in llic I'acitir fm Iwnity yi'iirn Ui.lkill^ ll"' Stinillill',' l.f tlli'.M' willR'.SSIvs IIM ci.\|ilTt.s. Ml. I' villi', iinnllirr witiicsii, amriln"* In llic lisli ni' lii-jiiiiiy'f, Sni ii vi.tv lii;;li imliT hI' iiili'lli'.'i'iu'''- lie ili|iiiM .-< lliat ill lirliriii;,''s .si'ii llir ."ii'iils cal a yira( iiiaiiy li.^ji every t\vcnly-ri)iii' limir.-i, ami a.s " llii' ||.|i liiive liiTdliie well iiwiire nl'llie tail lliiit tliere i.-i ii 'j 1 iiiiiiiy seals on the .Seiil I.mIiiihIs, lliey keo|i liiriiill 111 .'I'll." lie slaiiil.s iiliilie in le.slil'yili^' sh im.silively In wliiit. cull, at liesl, lie a mailer t'ur iiilljiTllire, mill lie lilil-i III .sliiiw lie llinl tile .lli^^lllesl liieiins iif ii.^eeltaillillj,' llli.s know leil'je lie I'lllllier .>(iili'il tliiil till' liiills reimiiii on the islanil.-i all siiniiiii.'r. Tl;ii i' iiuiliailiileil liv writer.s uml oilier I'liileil Slules' witlie.'ises.iis will lie .seen liereiiller. ll is, lliiirlme, • \ iileiil that this ;;eiilleniaii was teslilyiiij,' simply lo his own |ieeiiliar iheories iivi.Mr'.lilif{ .seal life ii|iMii v.i\ liiiiileil e.xpeiieiiee. lie says, lit oiii- |ilaee, that wliilu the cow.s am out (ami they K". Iiti lells I1-, III III I'l iiiile.s, ami even I'urtlier; the sealer.s cateli theiii; uliile, iil aiiotlier place, he -l;iti'< ;- "Tilt' M-.i U l)lni-k Willi thrill ariiiiml f/ir tUandn, wlipri' tlii-y [lii-k tip ii unuil iniitiy m'lil. uml tltt-n' in ii'/ii-ri- thr kiUiiiti rif *'inrt t,n'uil-~'lftfti llnij ijit ntih'irr." Sn lliiil, eviileiilly, lie irmy have seen imiws killeil when hihiiiuI th (■■iliimh. the only ]ilaee at which iir ii|i|iiiiiiilly eoiilil oliserve tlieiii, anil he has merely eoiijeitiireil the ili.stane" that lliev i,'ii rniiu hmtl mil llie iiiimliei iietuiilly shot in tli.'e|i water. This wilness " thinks there is soiiie iliuiiiiue ilmie in killiiii.' ami Hhootinj; ol' the cow.s and leaving -I' iiiiiiiy \oiini,' wiihoiit llieir iiiothei's." There would he less doiilit res|ie(',tinn the cow.i hein},' .shot or liisl il il ua-i siilisfiielorily .shown lliat larj.'!' iiiiiiiliers ol' vounj,' |iii|is were foiiiiil dead in the rookerie.s. Tlie «iliiess, ir alile. Would have certainly pointed to this. The reverse, however, is the I'liet ; ami, ivilli ll ,\eepti!ili of one wilness liefore the ( 'oii;,'iessioiial t 'oniliiittee, whose eviililiee w ill he e.xalilined .I'.'iiiii, mil an .Xijent ol the (lovi ninieiit nor a writer ever staled that pups were foiiiid ilead in any imiiiliris nil the isliiiids from los.s ol' niolher.s ; the lad lieinj; that niolhers never "o lUr t'loiii their vuiiii'.' mild the voiini,' are well iililit to cart! h^r theiiisidves. T'liis witness, iiolwitlisliinilin<,' his laiiia''tt hv the killiiiL' of niothers, the killin'i of cows hv vessels in short — where ■ III II 'iipposeil tlaiiia^e liy the klllini^' ol niotliers, the ki 111;. fk with thi'iii — hail to admit, "the niiiiiher of seal, ill the a;4j,'rej,'ate, is not apparen tlv iliiiiiiiislied." His kniiwk'dj;e is eonliiietl to one year (IHKl), ami we have hclter itiid inidisptitei ;i-iliiiiiiiiv I hut Ion;.,' after this a i;reat increase had taken placi' — an inoreiise of millions. Mr. Taylor il liniijil I.I- oliservitd. however, u'ave other tcsliiiionv than that ipiotc 1 hv .Mr. liliiiiie. He sail tlul- ilaui^hleriil wan ttxeil » ISO, mill rciiiarkiil hI naval fmct; fm iliit^h a leiisf wii< the United Statf- iwciity year.*, ami over. r food, niiiiilifiiii'- y, .Septeiiilifr. uml ittee 111 lliiiisi' "t hilt dial the *ill> idles stiutli-i'iist t'l .suliMilted hy l'"' cates till! fcfiliiii,'- I'auncel'iite nt *■ ■n, refcreiiee lit'iii*.' femides. Tlii.s i- rti]i|ieil. Till' ii>i lie rookerit s. wlitu The iipiiiiii" "I iroporlioii uf 'w'" to dwell ii|iiili till' tit's ciilllelltiiill ill e Island Inmi '!"' iresorve the ViilH' 'Tlii'-i- |in-il]ili)ry vcMM'l* »rv Ketttirnlly then' (iti Hehriti^'i Sua) in thf Hpring nf i.ie year, wIil'ii tlie cms iirc guiiig t.i th- island St of till- iiraU that iiri' killvii liy llii" ir.itiiiiti(» vessils aro < I witli yiiuni!. lie estimiite.s the iiiiiiilier taken in ISHl at from ."i.MHO to 8,IM,lii. ' Tties'' vi'ssdii will take f?i'ciii;i)n tii liang nrnnml tin* ifctimU, an.l nlien tliiri' i^ a hi'avy fmj tn i^ii cm the i ^inki-ries -.i-ry often.' el duiiiilof ■ilili^' to Mr. Taylor, is not the killiiij; of niotheis out at sea wlieii their ymilii,' are mi shore dependinj,' upon the return of llirir /.lufliriv, as is contended, lull il is thie. hi' say.- tii the iusullicient pioteclion of ll This as will lie iiointed out, he leiiietlied if tin -ii,i."-'esliiiiis of (loM'innieiil A^'eiits are acted upon in (he line of lietter police •,'iiiii'diiiL; of the liii.kc .Ml. Williams' lestimony is iie.Nt referretl to on p. lU of the Appeiiili.\ to Jlr. lilailie's Icltcr. T'his ;,'i'iilli'iiiiiii WHS en;,'ai,'etl in the W'hiiliii'4 husiness hir forty years (]i. 7:! of Kviileiice liefnre (.'oiiL'ressional •'iiiiiiiiiltee;. .Vs rei,'ai'tls fiir-.seals, his knowleiliie is imt liased upon experience, hut " from readily ;iiiil rnuii eoiiversiilion with my ea]itains" (p. To). He was called hy reiiuesi of atlornt.iy for tht .Vliiskii Coinniercial ( 'oiiipuny, of which Mr. \Villiiim.s wa.s a stoeklaililei lifll .No imptirlanee, it is stihinitted, cun he attached to his testimony rcoardiiiu' the liahils mid iimiii 11' seiil iiller such a IVmik confe.ssioii, His evidence thai Iciiialus in pup mass to^'elhel in the .sea hefole laiidin;; may therefol'i) he 'lisini.s.sfil, since he tloe.s not protliice any authority hir a statement which is coiitradicled hy ex[iert IdtiiiHiiiy. Neither in his slaleiiiciit tlial hunters utlniit thai out of eiyiil shots they wmild .save one >!'iil Hilly eurivct. 1 I iiiid ll' of llie Appeiidi.v Mr. Williams naturally ijives his view for holdiiiL; the control fill lilc 111 liehriiiLrs .Sea. vilh liini ill this, ll ll is not ileiiied that every lessee of t!i" J'rihylov oidup woiilil ii,!.;rt.'e M) he reiiitrkiil thai ho tloes not .share the theory of the I'liitcd .'states lliiil llic t'liicf tlaii;4ei lies in killin;^ the niolhers when out in the lU'cji sea for hiod, having; left their !iiil>liiii,'s on shore. Al lip. 10, I I, and 1 :J of llie Alipciidi.s Mr. Williams is i|iioled to show that llie daiij;cr to the liiiiiilcs lies in the journey lliriiuj,di llie Aleutian Ishimls, with yoiiiij,', to the hreediii.u'-.yioiiiitls. On |i. '.Ml iif his I'lvideliee helore the ( 'oiiiiiiillce. he illiistrates the iiielleelive means of protecting,' llie imikciies hy statini; :- " l.iist fntl a n'lifioncr l.milt il at onr of tlic oiukiirit.i I'.nil kil!t>[l seventeen rows autl Imllfl riijlit on the hreeiling Muki-ries." 440 stiy.s : " That tlip iiresciit nit'iisiircs urc smiKwIiiit insufficient is slinwn I>y iIk- tiut tluit for th'' Inst throe nr four ycur^ there have bctn incrrase-I ilt'in-filiitions nnnujilly upon f/ie rimkcrU-i. " A rt'vi iMicciiitiT t^ovs upon tlie m'uumis unci (hm i^ nrd'Tftl nortli lur in^in'rtinn, nr for rplit-f of a wliaUns crew. t>r 'nme- Ihintf (if tliiit kiTiil, atnl they am giino jiretly niiu-li tln' whul- time of the stu' methiui of ■ -..t-i'tiiHi.'* iixjii, luul tlitro itpitp.dH til l-e insutticiciu-y (if tin (III lOS Ik >ay^ They dlioot thi-iii ns thvy tiinl ..^rrn. island nnil not lie scimi (n inlmliit.tnt:' nui linil it out.' A vessel c;tn approucli within le^^ tliari h;i)f ii mile 4ir ii ([nartor of ,i mile of t! , -cuiiitt of fo^^ ami run Konit her biinta on tho huni;hL'$ ami gi-l off fifty or a humlred sitins litfon' tlir j: as I Illy Mr. Williiims ilncs not, (■c)iisi referred t one liy inaraiiderH — is next lefern'd to liy .\li' lilaine (p. \i'> of .\ppeiidi lie a iiiemiici' if thi' Smitlisoiiiaii Inslilnte ; he wa.s also a Special Agent of the Tn'iisiuy. I'he following nr.; extrael-~ taken from a " Ki lOI't lip 111 the Ciisloms Distriels, I'lildii' ,Ser\iv Ul ' tlieru nave twen Riiwiiri'o'! of Alaska Territory, is-:i":- l)y \V. L. Miirris, Spi>pi:il Ai;ont if tin' Treasury Deparfinciit, "111 the N'nTPniber nunituT of ' Harper' » Mnenzine,' 1H7". appearH iin art;rle i-iitilli'ii 'Ten Years' Ar'jiiaintAnr'' wirli Alaska, ll^i;;-';.' 'nn' auflior-liiii i« c.irrrdly a-crilirj In Mr. Henry W. Elliatt. ii.iw iMiinecleil wilh the Sinilhixiiiian Ilisliliition in *iib.etlii-i:il eaparity. Tiiia iientleiiian wa« fiirmerly a speeial Ayent of tile Treasur) Deparlment, umier a -peeial Ki'.t of Coiigri*!*9, .i|ipri'V.(l 'J'.'iii! April. 1K71. apjiipiiiteii (or tlie purpom- of ascertaining at that time tlie ec'uiition rif the seal tislierie.i in Alaska, the huunt3i anil liahitp of the Heal, the preservation ami extension of the (i^heriea a« a "oiiri f revenue to the Uliitpil St.ites. with like •ifeniialioii renpectin? the fnr.bearini; aiiiniaU of Alaska ireiicrally. thi- staliMties nt the fur traile and the rotiilitiou of the ptiople or iialiv -, C(t|teeially thole upon wlioni the siiecefisfnl prosi'entioii of the h.sheries an t, .-. „t to other matters of moment in the Territory, are -40 diinitlricBllv opposed and .intngimistie to my own that I feel con-trained t ■ review some of hi>; sl.itenientil, j Congress relating to it information is sought wherever it I'.in reafilv he found. The " informant " is ever on hand, with his work on ler-seals comfortably tucked underne.atli his left arm. to imparl ail the knowledge extant about the country, " for he knows more about Alask.t than any man living." " ' A decade ha.-, passed since we acijiiired this Terrilorj, anil for u d.-cade it has aiforded einployin-nt and subsislenee for its |ire»eiit sense-keeper ; but the next decade is warming into iintiimal existence, and it is about tim': this bubble was pricked and the blidder not ipiitn so much inflated. '■ ' I a.ii fully aware of all the consequenres to be dreaih-d, the responsibility assumed, when rash enough to dispute the heretofore si'lf.rstablislied authority from tiie Arctii' Ocp.in to the I'ortlanil (anal.* ''This nia;, stems to be the natural foe of .\laskj, proseeiitiiig and p.'riecuting her with the brush ol the pencil and tlie pen of an pip-rt whenever ai d wherever he ran get an audience, and I attribute the present forlorn condition of th" Territory to-day more to his ii-MKirince and misr 'p'esentation than to all other causes combined. He is accused 1/ being the paid creature and hired tool of the Alaska Citminercial Co ipaiiy, and belonging to them body and siml. I have made diligent in((uiry and ascertain he is not it, their enipliiv. and. furthermore, they repudiate the ownership. They sb'iuld not be held responsiiile for the indiscreet iifteritias of l!;.* Si n«e-ki'i p' r. notwithstanding the cliarge of ownership might cause him to be more readily listened to. " Di.uhtlesB whin thev have been attacked through the colnions of the press they have emoloye.l this individual, who is unqii.'slionaidy possesseit with the caroflfn'ii srribeniii, to reply to anjustitiable onsl.iughts. and paid him for it as they would an> other |iiiiHT. liner who makes literature and writing for the press his profession." Il'^ l'\ lilclU'c III 18.S8 is aihiu'iicv nf fill' I'liilt'il .'^tiili.'.s' i;iiiit.enti(iii. Ill s wntiii''- iiiiit lleTii'il.s iii'iiir til till' ilisimlc will In' n'lfri .1 111 I laifnro IS.Sf^ liiirdly .-^iiiipnit lii.s liitiT tlu'iirie.t. Ili.s slato III it will Ire- .siiliiiiitti'il that lli^s stati.'iiii'Uls ami u.\|n iiuiiiii'il si'al.s ]!. 17 lit' till' .\ii|ii'iiili.v, tli.it .swim awav WItll Mr. Mi'liitvri' liii'iifv 111' till' ili niciiitv to |K'riMh at a point m.'Vi;r to In' scrii aijaiii. is I'oiitrailirtinl Ky lliti last T pii'ki'il h.'imiriils of liiii'ksliiit, &!•., iHit uf si'als clnlilH'd cm tliii islamls. His oiitinj.' si'als is contrary to tlm known ]irac'tiri.' nt' tlii' linnti'r.s to rreeji upon the SI 111 its it lies lloiitini: ill lie I'alni walei-s of the sea, iiml I'V his own ti'^tinmny liefore qunteil. of the iiiieniii',' aim of the liidi. n Imnters .Mr, Tin(:h'. an A^enl of the Tri'a.'sury. in ehar^'e of the fur-seal islaiuN from I'SSi'i, i.s i|noteii oy Mr. lihiine (.\ppeiiili.N, p. IT). .\pril 1.- Mr. Tingle is noi able to ^'o .so far tus Mr. Melntyre, altlioui^h he was at the islands in 1H86 (Kviili'iii'e, p. !.'):{), lint he staled " thtre has lieeii a sliijiit diminntioii of .seals, iirohahly.' isliiuiili'd :ill,ll(IO 'vere taki'li I v maiiUidiis. and to do this hi' unes.si's that 5011110(1 wne killed. He This eoili-iMMii, a.s an Auent ot the Tri'asnr\ iinliiM'd to the islands dnrin'' his tennri' of olMe ( Kvi ,p. lo;i). Ill' hii.ses his eoni.ention on till' loi,' of a maiaudinu' ^('hoiiMiT whiuli fell into his iiaiids. This loj; iVAjs, it limy he iifinarked, not produeed, and no e.\en.se is ^'iveii for withholdino it. He produeed what He siiiil was a ciijiy. \v .siTiiiusly pri'sseil. ' III .•\s ins opinions are lia.si'd upon this enrions sluli'ini'iit, his tesliinoiiy i.-an liardly Ho testilied to iii.soli'ni'r of sealers when .seized, tlumoh h'.' does not a|ipear to ■L'li present at any i if till to the " Aimel Dollv. iires. The lojr-liook. ii. should lie oliservi ill to have lieloie'etl This is not the name of a Canadian sealer, and it inav licri' lu' stated tliat no Canadian sealer has '.fr lu'eii foniiil within the H-mile limit. Tlii' otH'ialions on thii ihooni' "•I'll nillii'r exiiensive, and thev do not nirrohomt " tin- allocution tli,'it larv' ' .Viiiji'l ) lolly " must liavi' ■atehes wi'i'' maili :ia" nnnida of ammtiiiition (Mr. Tin;.;li' sniil) «i'ie wasled lor thf t-nptiire of one seal. .\iiiither supposed entry in the lo^ is most extraordinary for the eaptiiin of a .sealer, under any eir- eiiiusliuiri's, to make. 'J'he statement inferred to is as follows: — ' It is very discouraging to issUit a large quantity of ammunition lo your boats and l.avi so lew seals returned.' ■flieii' is not a Afagi.stnite's Court in llir eonntry that woiild list 'ii to this oral ti'-liiiiony as to llu' dilili'iit-i of a log, A rel'i'reiiee to this inetendid lof;— a eopy ol a portioi f only Ill-ill.; prodin'ed liy Mr. Mi'lntyre t\\. WA'l of Kvidi-nre) - shows that the iiiptain had an e.xci'iilionally hail I'lew. Tl fii|ituiii ili'si'iihi-d Ihi'in in the follow iiiv' terms ; The hardi'st srl of hnnters in rn'liriii'i's Sea ; ilii lU'dit with siicli a erowd ai'aiii ; tlii'V are all a .set of eurs Till iiiaiii added, howuver, that iiilv had hunters. Id la imii'.; home now with l,."i(io skills al tin vei-.' h'ast ;" and In llie liio it would appear that he had no ii';,jnlar hunters on hoiird. It IS worlliv uf remark that tlu' statemeiiis uiadi' hv ,\lr 'le res]n'i'lin;,' the entries in aik'iji'il liii,' are not conlirineil hy an iiisiioetion of tin' li,iiisiiipi Mr. Mr.Intyre prodiiees (on )i. .'l.'i-' of Kvillelll'i;), Mr rinolu contrndiels Mr Melnl vn- ri"_'arilin; Ihi- niinilier of seals on tli He states i|' Ili'-' Kvideni'el that there had lieeii an inerease of seals siiiee Mr. KUiotl's eonnt in 1870 of [128J 3 L 442 2,l"7/inO. Hp cNpTPssed iii\t\iriil astonislmu'iil (\<. Ifioi at tliii stntciiioiit ol' Mr. Kllinlt TvuaiMiii'^ i, (li'cruaso, Hesuys; — " I nm ftt a loan to know how Mr. Elliott L'tts hid iitri>rmatioii, as hi' had ni)t br»'ii un the i^UnllJi for fourteen years." I'tisliL'd liy the Clinirmaii of (lu" Committi't! IpV tin' following' i|m>stinii, viz., " It is Mr. Srclmyi^'s (ifiiiiioii lliiit tlicy liavo imt mily tint iiii'iiMscil, but liavi- drereaoncl," tltc witiii'S.s, in vpiily, stiitcd tlmi '■ tlli'l'e lia.« liL't'Il a slh//il (liliiiliiiliiiii i<( i\ Mf. Ulainc. Tlif wilmv-.s tcsiilipd liflori' tlii' (.'onjriv-sidiial Cmaiaittt'f, Iniwcvi'v. lliat tli(> (•iii]il(iyi.'s iif tlic Cmniiaiiy 'tlie k'ssfi'.'i) iliil imt rt'spucl tin' laws uf Gtwl or man. Hf iiMini'd partindarly ^Ir. Wt'listcr, Ilr. l.ntv, .Inlin Kirk. 1 .Injin Hall (p. I.Sd). And lie addtMi tiuit tilt' rules (if llio Coiiijiany wcrp vinlatid. Tin' (.'niiiiiiittcc liaiidlod tliis wiliit'.s.s ratlu-r nmolilv Mr. .IfM'ies .sayii..,' to liiia '{]>. If^B] :— " Vcni hull iu'ttiT iiniltrstiuid what you ;irf talking uliout." On ]). liU lit' Vflaikes otlicr olticers ol' the Troasury wlio had tfstillod ]iositivcly to iriattiTs williuiil the means of knowlodj,'!'. The witne.ss was asked : — '* Wlmt WHS the result of your nhservations anil opinions that you deem reliahie in resneet to the unlawful killiijif of ie»l atinunlly .-" Tile witness answered that— " We have ho mrtmjt of knowiiip that." He wa.i then jnessud in this way : — " It is a mere matter of estimate, of eourse, hut I wish it hased upon as ri'tiahle inforniation aa you have." Wien the witness snid — " I think llie first sea«on the revenue'ruttcr captured l.'i.tlOO stolen skir.s ',p. 191) , where they wen- stolen, t/A^Mer iJi the in or out itf it , nil (I'leiit coiitii tfuth/tdtt/ my." Up also ■showed that the lessees of the islands wore not so ]i:irticul:ir as other Agents jtretenil, wlieii ho tells ns {]>. 1111) that they lunwht from the n.itives at (timalaska o.UlM) seals killed hy theiu, there (p. liMl). The r.-iited States ]aits forward this ollji-er as a reliahle witness, and it is, tlicrufon hut fair to attaeh ini|iortanee to a •■■tatenient whieh weakens the I'oree of Uie f.r ju'dc slatemeiit aiul opinion of the S)ieeial Agents sent from lime to lime to the islands, iiml who have now been hioiijjht forward on hehalf of tlie Knited State's as witne.-ses in -iip]iort of a ea.se uhieh eoneerns not merely tin- Government, hut nio4 direetly the lessi'es. The witness stali.'tl that one uf the employi's uf the ( 'oni]iaiiy told him thai when a (lovernment oltieer eame thtMc and u'ot aloiiL,' with the Company it wm protiliilile. Vjion liein^' askeil by the (.'oinmittee, hefoie whom he was Lfivin^ evidenee, to c.fphiin, In reidied that — " .\ • liin could draw two sal.iries. like Mr. Falkner .ind Judsfe Hlidd^n. one from the GorerMinpnt .in,! one frxn thi- (^imjianv " (p. nil i. Ml. Monlton's e\idelKe is next ]iresented (p. 1'.) of Appendi.\). He was a lioveinnienl A','em from 1ST7 III IMiS.""!. He saiil that there was an ajipaiTnt iiierease dnrin;,' the lirst live years, i.i., tu ISHL', then a derrease to lS8.'i ( Kvideliue. Ji. l-Ti.'!). Ill this statement he has been contradieteil liv olhcial Ueports, as will be shown. The witness admits, however, that female seids, after ^'iviiij,' birth to iheir yonnj;. .smf/.r nut in jiehrinji's Sea; and he is of opinion that lawle.ss hunters kill all they Iiml, and that they lind mijtlier> awav from their !inislin,;,'s. No s|ieeiid ri'a.son lor this opinion is ;,'iven, however, A sailor, Kdward Shields, of Vaneonver, formerly on the ,sealin;j-<>ehijoner "Caroline," is said t J have leslilied, where ami when ib is not stateil j p, Lill uf Ap))endix to Mr. lilaine's letteij, that in IS.**!' (Mit of CM seals taken by the " Ciiroline " the .seals were ihielly females, t'pon this, it may Ix' said ihat it is the eiislom amon^' h. inters to ela.ss all seals the skins of whieh are the size or near tliH sizi' of the female as " females," for their unidame a-- to the ipiality of skins in the eali h. It mav aUi In- remarked that it (hies not a|ipear that these females were in milk, and this is always known when skiniiiiii; the seal. " llry cows " are eaii<.dit, as has been lalmitted, and takiii!,' this evidence, givi'ii I? /iiiii- as it was, it is at best, if true, an e.xeeplionil ease in ii very small ealeh. Mr. (llidden was recalled by the Commiltee. and e.xplained that his estimate' of 40,1100 skins «a.* lia»e(l on newspaper reports of the ealeli of the .-ii :iler.s. lie was, ofciairse, unable to show how iii.iiiy of these wi re taken near the Aleutian Islands, in llic Xnrth I'aeilie. or on the west coast of liritisii (Ndiind'ia. nr in the l'n;.iet .Sonnd, bni he evideiilly ciediis the whole eNiimaled catch to litjhriii'.''' Se.i ('oiisci|nenlly be was of ii]iinion that s,.,din'_' in l>ehrin',''s .Sea should be ended. In lead to me better pieser\ation of seal life. It is (o be observed thai led one of I hese wilnesses, whose npinions are ridieij upon botli as to tin- Caleb, the habits, and sex of th.e seal in deep water and the imithod of shooiini^', i^e., lias had m experienie as a hunter or with linnter.s. 'I'hey were not (ixperts. They were sent to ihe islands tew- that the lessees performed their obli(.fations as p.ovenaiitt.'d in the lease. The experienee ol must if them was lindt'-d to ii few years' rl^si(l('nee en the Seal l.slands, .assoeiatiul with and tinder the niitiinl mllnenee of a (,'omiiaiiy admitte(l'.y a in. Me. poly and dusirous of reslrielinj,' the eati-h so us to ennth'l the market of the world as far rts seals ar(! e'lneerned. None of the WRii.-.-ne'-. ■xr>n\ moreover, submitted to n erosH-uxamiiiutiou, and lliev were to n hiivv t re|/!ivtlin" a u hither tn thr tn fwro the Company' 443 cxti'iil litl by the exatuinuis in tiui ()iieatioiis put to thoni. Tlio only facts that wuto possibly within tlicir liniAvk'(lj;r ii'lat(! to hlmI lifi' on tin! ishinils, to the nioilc of killing.', unci to the times when killed tluTf. ami to tlicir hiibit.s wlicu in and n)ioM the Moki-ries. Tin- oiiiiiioiis of ill-,' i^enlli'inen given befoiT the (Joni,'nMsjoiial Comniittee in 18>S.S, ior the most [riirl, tlion.t;h sometimes coutradiclory, are in I'avonr of the nniler-mnilioneil theories: — 1. That the female seals whili; nnrsin,^' their yonng go great distanies in search of food. :'. That when out a great distance female seals are shot, and the pups on shore are lost for want oftliiir mothers' ear(!. :1. That the greater part of th(! eatcli in llehring's Sea is made n]) (jf female seals. I. That the destruction of the seals when hunted on the sea is great in c(jnse(|uence oi many wnuadeil .. l!y reducing the number of yearling .seals to lje killed by the lessees. 4. l!y not permitting auy killing of seals upon the i.slands, excepting in Inly, August and .'N'pti'iiiber. .' Ily preventing the Aleuts from killing seals on tlicir migration through I lie Aleutian I.-Iands Mil ili'ir way to and frnm the breeding-gnuinds. in Mr lilaine's di-spatch to Sir .lulian r.iiincefole of the 27th .lanuary, IS'.lfl, he proceeils upon a Miiiicwhat diM'cicnt grniind than the evideiir,' already reviewi'd, in order to show the necessity for jiroliiliition of , sealing in the waters of IVhiinL's Sea. The 'J- jiiirli I'videiee before the CongiessioiiBl Conimiltie satisfied that Committee that "the [.iisiriit number of .seals on St. I'aul ami .St. (.ieorge Islands ha.s m.Uerially diminished during the last two 1.1 three years," vi/.,, from .'SUli to 1H,S!I, while 11 r Mclntyre, wlio.se evidence is so much relied il|rf)ii liy the I'nited .Slati'S. dales the d(!crease from IHSL!, Mr, I'laine, hiwever, ado]its the view that the rookeries were in prime condition and undiminished iii.til Is.S.", when, .IS he ,says, (.'anadian sealers made their advent into iVhring's Sea ami the injury ln'gaii. It is therefore important to point out that tlir o|ii'ialion5 of the Canadian sealers were absolutely liari.ilcss compared with the numerous depredatiomf npicn the islands for the htst century, which, hnwivcr, have not yet begtin to alfei'l the value and number of seals on these wonderful rookeries. .\heady evidence has b!;en cited in this paper eslablishing ihi- fact that extraordinary slaughter ncciiiicil prior to 1M7U, and that after all this, when the total number of seals on St. I'aul and St, (ieorge Islands was admitleilly less than now, it was deemed .sate to permit 100,U0U male seals of 1 year or over to be killed annually for twenty years, &e. Ill ISi'tl Collector I'lieljis. of San Francisco, reported : — " I Bin wsitred thi- fntln number taken Mimli ^f thi- hlnntlii of St. ficorge nnd St. Pii'll will igprpijiitP, s.iy, 10,000 to 'JO, 1100 per inimin." (II. U. 1:1. Doc. No. ;l,'i, llth ('oiii(ri»ii. 1st S."<»iuii.i riie Ailing Secretary of the Treasury liepaitment, in September 187", pave permissi/' Ihc w/«iir...-reilili^ to liftrnh i.).-u9utr« 1 h«(i nr'.ieil tlie il4tiv..ft with '!' itit|...iii,„ „) rrpetiii.^ Iiy Unw nuy iiftrttiptK to full f"» on Me r'if(*erip» or mthtn riftt-thfif o/ Ihe lAvrv. ll' tli. .-rews ftlill (h'rHi^tt'.i '.i.li'liii; M. after the pen-ipt ..f iiiv l.'tl.T I., ll..' .'ninaiii," lb .1. V iil.eil the ..pi'iiui.iiis ..f the " Cygnet " umler the dilf near thi: rookery, which alaiiued the ' .1" s.. ih;ii ihi'v Icli ill., rookeiv ill l.iige iiiinil.ers. (K.\ l>o.. No. .s.'l, p, 124 44^;, v.'oiigress, bi. S-.i.ai.i Till- \es.sel In again lepoile.l by Sp.'cial \'H'M I'rvalit in \'M\ May, l.ST-'. i Km. I)..c. No. ,S:i. !• '-■.. I ilh CongiT.ss, 1st Sessi.in.) I'l'.iii 1S74 to I.S7H .Mr, K. . I. Morgan \tloriiey f.a Ih.' .Ma-ka Company, w.is ..n iht- islamis iii^ ihe \i'ais l,S(i8, Itili'J, and fliiiii 1H74 to 1S7H. He .siK'nks ..I several raiils upon the islands in [128) 3 L 2 444 liis tiim', iiiiil lu- Miys tl,:' wlioli' i|ni'sliiiu ih nnr nr innir miivri la /iri'/fl ihf riinhrrin- mi llir i-'lnnds. (H. I!. Kx. Doc. Nci. ;;ss:!, r.lHli ('(iii;.'icss. ji)., r:X, 71, lO'.t.) Ill 187;'! til" I'viilfiK'r of I'iiriiis I.yiiiiiii i'ont;iiiis tlir folic ■wiiii; iiiloi niMtioii. ( lfc|iort, (.'oiiiiiiiUco Ways ill 111 Mfiiiis. Ilousii ilcjioil Xo. fll':; 44tli ( 'uiiLiir-*. 'st Si'ssinn.) ' Aiiswciiii;,' Mr. Diirdiiuul ii.s to whiit lit- kiK'W iilnmt llui st'iziirc of tlio " .Sun Diego," Mr. I.yniau replied • — " There wnn a srizure mule of the ' Siii lYu-fit,' a schooner, near St. Paul Itlnnd, on the 27tli July last (ltl76), on hnarj of which were l.GliO fiir-scHl skins. The ' S.m Dieyo * was sent liown to C'ahfornia, anil arnved there in August.*' Oil p. 7;> of the .■^iiiiio Ki'pnrt, Mr. Elliott, in aiiswor to Jfr. (Jliiiiiin, sa\.s tli.it tlio skins liikeii fioiu tlie "San DieLrn" wcrt: from 01 In- IJ'ind. our of the Ifa.^cil L'rou|i. In IS81I Mr. Mcliityiv rc]ii)rti'il tlu; I'stinnitucl iiniinul .slaii'ihlcr of ."i.ilDO pr(';_'iiant fenialua on tin- British C'olniiiliia coast. From IJciiorts of .Special Af,'cnt Ottis anil l.'a|.tain Ilailcy respecting the people of Alaska and tlieir eonilition (Senate Kx. Iloc. Xo, WVl. 4lltli (.'oiiLrress, "Jiul .Session, vol. iv. p. 4), (.'a])taiii ISailn' says :— ■' During April ami .May all thi- coasl Imlians. fr-ini th.' muutli of the Str..!ts >\i Finn to the north entl nl Print-e of \Vali> laland, litiil prufitnhli' er.i(,io, In, ul in tai%ini.' fur-Sc'aU whieli fytw lo he niakioi the j);i,»,saj(e itlh.ilily i portion of the vast numher that finallv eiuierrirate at the Seal Island later in the season. 1 am informed hy the Iiniians thai must of the seals taken ahnii; this eoast are females, and their skins fiii.i a market at the v.uious lliuison Bay posts." On p. ;!4 of the same Jtepurt, in a list of flic vessels lioaiili'il, he t;ives the L'liiled States' schuiiiin " Loletn," Dexter miu^ter. seized at the Seal Islands hy Special A.v'eiit Otlis. iu a ItejiorL by Special I'oniiiiissioiu'r Ivau I'etrolf in tlie yisir DSSU, he says : — " As these seals pa»s up and f),>wn the coabt ,0, far as tlie Straus of Fiica and the mouth of Coluuihia River. ' a imaiber ul them are secured hy hunters, who shoot or spear them as they lind them asleep at sea. Also small vessels are fitted out in iiari Francibio, wliieh regularly eruize in these wat.-rs for th'.' purpose alone of shooting sleeping seal." (\\. R. Ei. Uoc. N,i. 10, 46th riongress, 3rd Session, V')l. xviii. p. ti'i ) At p. (il of the same lieport tliis ollicer speak-- of llic natives securing' l,'.'l'(i to l,4(io yoiiii^ fiii- seols ill triinsitii throiiiili ()onalL;a l'a.-<. Special A,y:enl D. I!. Taylor, in IS.-^l. slates ihi'.t the (,'iini]iaiiy was jioweriess to protect the iskiiil.=, bttt thot if u hiirhour Wiis huilt and a d iim-hmnrl. sliifi'iiifil i.l mrh niiuiul thri/ coiilil be. jirolcilol. He states that vessels (ji> to tin: ixland-'i mid kiU Ifi.tlUO In l.i.OOlt it-i/i'ar, mid. thnt lIMI nastl.t liaic ken pvuvAiiuj iihoiit l/iisc itlit luh for liniilt/ ipars. (H. 1!. Ex. Doc. No. :.188:i, '"iHtli Congress, p. 58.) Mr. Treasury Agent H. A. (ilitldeii. who was on liie islands from 188:i to 188j, shows that tlie trouble is at thr ialuiid.i. The hunters go there on moonlight nights, lie stated that he took iios.^cssii'ii of a vessel whih' the crew were on -hore killim,' seals. Tlie Ooveriiment, he goes on to say, did not keej) ves.sels there in his time, and he leeomnieiidcd that a reveniie-eiitter ■should lie kept tlicrc l" guard the islands. (II. U. K\. Doe. No. :;88,'i. .MUh ( 'ougiv.ss, p. L'8.) I'rior to the decision of tint United States lo arri'st vessels outside tlu! o-niih; limit in IScliriii.'- Sea e,\pericnce had shown that the iiolice force at the islands could not protect them from raids. I'liis is illustrated in a letter from the Secretary of llie Treasury, Mr. \V. Mc( iilloch, dated the 24th Fehniai'v. 188J, wherein he recommends that 2.",l]0li dollars lie obtaiiieil for the iiroleclioii of .seals and tlie enforcement of the laws : — " The Hi'ai fisheries," he states, ■■ yield annually t" the (lovernment a revenui- of a'mut ^aO.ono dollars. The islands on wtiii li ll" seals are taken are prottxti'd from incursions of marauding vssels alone th'oujth the eriii/ing of the revenue-cutters. Last year ttip officers of the ' torwin ' seized a schooner engdgert in taking seals unh.wfully. Without the use of cutters the fur.seal industry hi- no protection." The letter closes liy asking for L'''i,llu(i dollars ' m the Intimates (or next year," (II. I!. \.\ Doc. No. 2''il.', 48tli Congress, liiul Session, vol. xxix.) September 1,1884, the Hamburgh .schooner " Adde " «as seized for violation of section I US'' Ueviseii Statutes, United States. In 1884 Cajitain McT.eiin. master ol' the scho.inei " .Mary Klhii," was in riehring's Sea fmiii iln- 8tli .fuly to the I'L'nd August, lie took l.',007 seals, ami was imI interfered with. (See his ile< laiulieii tllidcr .\ct for the Siippiessioii ol l•^vtra-jlldicial and \'oluiit.iry Oullis.) Mr. (ieorge Wardmiin, an oflicer of the I'liited States' (lovcnimeiil. was at the .Seal Islands M.ij 1880. lie was also ihere in 18711, .iiid, in addition to his evidence befoie the Congressional ( 'oniinittti', he has rept rted to his ( lovernnient, ami has written a book upon Alask.t ami lieliriiig's Sea, " Wardiiiiiii.s Trill to Alaska," iniblisljed in 1884. At p. lib of thi., is given an account of the raidiiisi of •Mtci Islands, ami toe eon.sei)Ueiit riMiuest for a revenue marine giiaiil at that place during l.liir sealing .scasoii wliirli was giauteil. In 188."i Captain Mcl.i'an again visiled lieliring's Sea in the " Mary KUeii." He was thcic li'iu the Itli 'Inly to the .'!rd September. Hi' took 1',.''"" seals, and was not interfered with. (japtain Healy, in reiiorting on the cruize ol the " Corwili " in the ISehring's Sea, in IS.S,' wlun speaking of the seal tistievKis, said: — " Durinp fhe year quite a numher of vessels have raided Alafikari waters for seals and other fur-bearint' animals." i M ft. Ki Do,. No. \M, 19lh Conitress, Isl Sieision, vol. xnxli.) Ill IStMi the (bivi^riior of Alaska, in lii.'S lieport for thai year (|i. 4I>), stati;s thai an iiidiuninihii ' sliinghter w.is c.irrieil on iireiim/.'^ to the seizures of 188o. Ill 18811 Special XkcmI ringle, to Siitietnry l''airf:hi|il. euiigia'.lilaled the :eeeded, .ts will lie .seen on reference lo ii sehediile ol" the ]iro]Mwals .sulmiilted to the I'liited States' Treasury |ici«irlineiit in resiioiise to the advertiscmeiit.s of the Treasury inviting oli'ei's lor the i)rivile'.;es, dated tlie LMth Iteeemlier, I.S.Sl), and the iJUlli Kehruary, 18'JII. r|ioii releri-nee to the evidence hefore the ( 'on;,'rcssional Coniniitten (II. 1'. No. M.S.S.'i, ."lOtli ('on;,'re.ss, ;.'nil Session"', it will lie seen that "the (lovernnieiit now, irillii.ul aiii/ eitrt ur rid; ;;cls :il7,0M0 dollars ,1-veur lor tint loa.^e." And at \i. !•'.' of ihe same l!e]iort it is stated that the animal income t"iom skiu.^ ta the Ooverninent wu.s ."ilL',7.'il> dollars, and thai in sixteen years the t.'nited States' Ci'iveninient iwuived rniiii the Alaskan fur-seal industry ."<,L'0o,77'' dollars. II is riirlher staled that tlu- (iovernnient had then alieadv hepn repaid tlie ca].ilal siiiii paid for the wlidle Ti'nitory of Ahiska, and more, ■with "her in.iiiy varied, and, us I helieve, iiuomiiaralily t,'reut iialiuniU resources, to rejireseiit the investment of eapital first made." " Fiftb. — 'J'/ie Itfcttyts and ICipentes of thi; (fortrrtwiit on acfifut 'if »aui i.'untrnct, "Thi- total alQ.iiiiit puiil by tbi- li-..(iii'i'1H, iiii lii. 5.597,1011 dollari*. Tht'totnl atnouiit <-i{i.-iHie(l by tbr (lovrnnnt'iit ditrini; tbe haiop p.'nui) ifa< about 2.^a.aal> ilollarH lor -.t;iri,.,t anil travrlline ezp(.nt.es "f .\i.Mit.* of tbn TrtaMiry IJrpartin.-iit at tht- ^(;al Iflaiuts and aOout IMI.IIUO doilartt fur 111.- rfVfii...'.*-iilu.r9 i-rm/ing .\la^ka^ wller.'. ■■ lo 111.' atiiouilt alr.'ady reci-ivcii Jin'ct from the Company iihrmM b<- aildi-d Ilic sum received by thf Viiit.-it .'>t.-itt's from rustoiiig dotiffl till .\la^kHn.drr5iwd seainkins jrnportctl from Ruroec. ■aioiiiitiiig to .1.426,ti'10 dollar^, to wt.ifli shoiilil br added tin- -uni of Vli, 'too dollars rUdtoniH dutie.. '>ii iiiiportel(iii!. tukrii b> said l,onipaiiy iiiidor its r'Uilrm-t witb Russia, niakint: an jigjn-L'ato iiiitiuiil re.< iTfd by Ihe (iovoniiiiriit on ai'.ouiil of this industry Mf 9,5l2.\2:i5 dollars, being 2,32.'>.iH3 In excess of tho aluuuut paid to Itiif^ia for the Territory." f Kcporl of t.'ongres;., U88.) It can now be .shown how niuivenous has lu'eli the iiierea.su of seals oil these islands, notwiih- .staiiiliiio the ab.seiiee of tint protection lo the rookeries and o-niile limit, whether aioiind the islands or lit llic different pa.sses in ihe Alcuiiaii raiipie, where the brrtilinj; seals in pii[i ;jo twice a-vear. III l^iii'.i Special A>.'eiit l.ryanl estimated the iiumlier of seals to be lus follows (41st ("onyre.ss, -ii'l Session. No. :;■_', Senate, p. 1,: — 'Oil St. Piiiil Inland .. On St. George Island. . Total 1.152.1100 570. Olio l,"2S,000 1.S74 Mr Klliott, alter e.\aiiiiiuilioii, c.stimuted the inimber of seals to " On St. Paul Island ,. On St. (teorr ' Island. . .. .. .. .. .. .. 3.030.(1(10 163,420 ToUl .. .. .. ,. 3,193.120 I xilii.-iive of non-brec'diiio seals, ami adilue^ those lo liit tstimale ol Mr. Kllioit ju.st i '^uted, he lumseh .said Ihal ibc total W'.ild reach 4.70U,0lHI. Ill I.H.S4. loiii; lifter ihe [leriod when Mr. Mclnlyn- staled that (he seals wtie deereasiiic^iis lie said since ISSL —Mr. W.-u'aNiii>, ,i;iive liis evidence before the same ■Biuiiimc, and he is put forward by Mr. Ulaiiie in snplH.rl. of ihu I'lnled State.s' contenlioii. Aiipcudjx lo Mr. lihiiiut's letler to Sii .luliun raiineehite. Mareli 1. p. I". < onlirniiiiL; Mr. (lliddeii's opinion. ii.s above cjUoted, Mr. Tiiiijle sum ; — "Kmro Mr- Klliott * sinlenienl I understand that there are no more seals nom than there'Veo in l^^*i. I am at a lost c' know I''* Mr. Klliott gut his mfornialion, as lie bad not b'-en on the laUndi. for fourteen years." 446 Till' Siiirn; Ml. Tiiii;lL-, in l^iHT, it']ii)rk'cl lo Swrotaiy I'aircliilil lUat : — ' ' " lie found the hues of otrupHiiry t'Xtmuhni; tjuvond tlio.^i' of last yitar, und tlif ov/a r[iute as tlt^imely ))iu-knl on tliv Krnuiid nu nitist uf till- n»)kerirti, whilst (iii Iwii riioWerii'a tiieie i* it-iiin- tiilliii-^-dT. // if f-rtijin, Imwevcr, this vast niirn)i(T nf rtnimiU, |., valunble to the GuviTtimeiit, are Ktill uii (iic inci'cai^u. Thv coixlitiou ut iill l)ie r'iok<-rit-!t nmUl not he bt^tter." i .\|i]iiMidii t i Kcinm, (■oinfr.'jf«i»iiial (.''uniiiilteo. 18^H, |i. 35y.) In a Ui.'iiuit of llif ALiskii ('uinniciviiil ' 'uniiiany MMlli I IttcfmlAM-, 1.SS7) il ia .sliitud llial .Mr. (li'.it_-. ];. Tiujjlf, lliti Ayunt apjiuiiiU'il liy tlio Stcnaaiy of lla- 'rrca.suiy, ,siili.';taiitiall_y cciiilinn.s Mi. Kllinti n, his vi(.-\v iL'ttiTwl to abirve, exci'liliUL,' that, upim a wirul'iil siiivoy by liiin.sclf in IftSC, lio i.'tiliiiwtcj tlial tlui I'lil-.-icals ujii'li llii} l.wd islumls had iiifiuasfil in niiliilifr almnl L'.IJOO.UOO ii|i In tliiit tiiu' Mr. Tinglo's oslimate Ibr ly.Sti is (j,.ja7,"5il (H. li. Kx. Iicic. Xo. :U, ."idlli run^iross, Isl Sii.ssion), niul ;■. I Incumber llii; Ala.ska rDinuifiLial Cuiniiaiiy, in lliiiir Ucjiort, ,saiil llial tliu si-als Wfrc mi th^ iucrui.se. 'J'bc lale.sl ileliiiilu iurnriiiiiU"n a|jpcariii.L.' in llif I'liitctl States' ilo'ainiclits ii';,'arilin^,' tlic cniiilifii,; 111' llie luukerie.s i.s iinilaiiioil in tliu llel"at ul' Mr. Tiiij;li', \vlin, aa S))eci;J Aui'lit ol' the Tri.-:i:iiin ]Ji!luutiiieiit, wrote iruni St. I'anl l.siaml, Alaska, Uie Ijlsl July, iMSS, nn lollows : — " I am hapijy tu lie able to re('orl that, altiiough late l-irnlini;, the brfeiiiiiK rookeries are filled out to the lines of iiieaaarfuifnt heretofore made, and iome of them much beyond these linen, slioning conelukivt iy that seat life ia not heiiii; depleted, hut is fully up lu thr estimates gireD iu niy Keporl uf 1687." Krow the above United Stairs' ollieials il is clear that, with only [lartiiil pruteclijii on the i-ilamii, the seals have iucreasud in an aiiiazin;^ di'^'ree. These islands, containing iu l.STl lln; largest luiinU,-: ol' seals ever I'ouiid iu the history of sealiuj; at any place, eoutaiu to day a niorti lustiiuinliiii: iiuuiber. When tiie luiniber was le.ss than half of what it is at prestmt, Lieutenant Wnshburn MaMianl. of the I'uited istalea' navy, was instnuled lo make an invest ioatioii into the condition of llie fur tiiiJcoi tlio Territory ol AhL-^ka, and in 1S74 he reporled llial 1 I L'.OUti young male .seals had been aiimially killed ill eacli year, from liSTH to 1H74, on the islands cmnpiisiug the I'riliylov group, and he did imt think thai this diminished the nunibers. Lieulenuul Maynard's Kejiort (Wth Congres.'-, 1st .Session, H. li. No. A''<), as well as that of Mr. IJryaut in ISl'iO (Kx. line. Xo. oli, -ll.st f'ongre.ss, lind Scssiniii, largely supports the roiiientiou of the t.'aiiadiau (ioveriiinent respecting the prciductiveiiess of t lie seal and their liabils during llie breeding .season. It is not denied tlial .seals enter lieliriug's Sea for the purpose of resorting to llie islands to prop-i- gate their siiecies, and because the ininieii.se herd is childly eonliueil In the i.slaiuls for this purpose during the lireeding .st/a.sou il is that the .seals li,ive so constantly increased. Xotwithstanding the lax i.-Mijrts on the part of the United States lo guard or patrol the liiceilii:; islands, the diltieulls uf a|ijiroachiiig the rough coasts ihcivof, the prevalence, of fogs, and other lausc have. 111 a large degree, prevented too destructive or too numerous raids being made upon tlw rookuries. The I'.inadian Uovernmeiii contends thai while seals in calf are taken on and off the coa.st.s of ISruish Coluuiliia and (,'idifoinia, and also during their migrations near llie .'Vleuliaii Islands liy Iiuliiiiis ami Aleuts, the Indk of tlie seals taken in the open .sea of that part of the I'aeilio Dcean called IleliriliL'- Sea are liulls, bolii nld and yoimg-liut cliielly yoiiug — and lliat most of the cows, when taken, arc know; as "dryeows,' i.i... cows ihiil have iiui'sed and weaned their young, or cows that are liarren. up lli",-^ that have lost pujis from natiiial cau.ses. It must iiLso be maed that there are more lemidcs ihaii males iu a herd of seal.s. ("Trip'' Alaska," Wardnian, p. '.H.) The position taken by the (Canadian (joverumeiit is sup|iorti!d — 1. Jly the history of the rookeries as above given and the great increase shown, desjiite tlic coiistaiit killing aui.l raids upon liie Lsiands ikiiing the past century. 2. liy the fad that llie old bulls that have been able lo hold their po.silion ou the rookeries go lii the water at the end of the niltiug season, between the l.st and lOlli .Vul'UsI. (H. 1!. Kx. Hoc. No. >. 44th Cougreas, 1st .Session, .Xpjiendix, p. KiL'.) Mr. (.'lark, riu tlie .Uitar;lie seal lisheries, in "The Kisheries and Kisheiy Industries in the I uiK-l States,'' ly.sT, pj,. 4'SS. -Vdi, says: — / •■ 111 very .-lormy W'.ather, when they (ihc seala) are driven into tiie -ea, Ihey .ire forced to ht'Iake ihemftilveft 10 the ilitltir slile of the island, Iiciiee the men tind liiat Hturniy weallier pp.yfe Item he-t. Two or tline old nmb -, lern.etl ' beacleniaster*,' hull beaeli to Ok ninUee and eover !♦ wuli eowt,. but allow no other males to haul uii. The males h*ii' furiously, and one man I'lli' ■: that lie had s-i-ii all old iiiiile take u[> a youni;' ^ i"ie in hia leeth and throw biln int.i ihe air. Tlu males show n^hl when nlupptil. uc are wl.ii treat dilhrulty drivto into lie- sea. '' The) are sninetimca treated with horrible brutality. Ihe f<-'nalei Kive birth to the youug auou after their arrival. " Alt'T leaving tli>^ mokiiies the bulls do not return to tlieio ai;ain that seoaoli." • ;l. By tlie fact lli;il two-thirds of all the males that aie borr are never permitted lo land a[«iii tii'' .'•aine ;ir<)und with the females. This large band uf batdielurs, u fipinpon^l >^f bieh flifr*. It r^UfiiTB it ilitfiriilt for «ny j^rrot number to t-fffct h laiiiliil?. Then- ttn- hImo nulntTinm ultl niJiles onfliititly gnwdine Ilic shiiri' line, wb cb nialtPR it still tiiiirp i»|iitt' till' iniistei ritis in tlir I'mi' Till 11, iiu'ui", it imiKl lie ri'iiiciiiluM'c'l tliiil llic iiiiii-lnvi'iliM;^ ro.'iIr, foiisiiliiij,' (jf all tlic, vciirliiaisiiml all till- 111, ill .< UM.Icr (i Ml- 7 vi'iiis 111' atrii, iiciivly i- (Hill in innnlrcr ttui lui'i'iliii]^ sctils, iiml Mr. Kllintl I'sliiiiiiUil, mIh'ii tlii'iv Welti 4,7nn,()0l) .seal" tin tlm isliinil, l,ril)il,(l(iO (if tliis iiimiiIjit wuri: iioii-lircfiliny «f;i|j. (Klliiiit, .Ajiiirtiilix tn II. II. Kx, l((ic. Nn, S/>, -I4tli ( ■mif.TC'ss, 1st St'ssimi, p. V'.i.J oe. \o. 4.", 14th Coiip-ess, 1st Session, \>. 2.) The seals never h'live ;Iieir places, seldom sleep, and never eat anything,' fioin Mny to Aujust, when they take to the water, hut, it is believed, take no food until their iiniil departure in N'ovemher. II. II. Ml Intvre. II. Ii. Kx. I)oc. No. MO, 41st Coiiirress. 2nd Session, vol. v.) Mi. KUioU says, "perhaps she feeds" fp. ISn. )iis Kejiort on Ala.ska, 1874, II. It. Kx. Hoe. No. s:i 14lll t'olieress The hulls, while nil the island, prevent the mothers takino to the water. (" .Marine Manniials." hy (ajitiiin Shannon, I'liiled States" Iicvenue Marine, 1874, ji. \'i2.) Im'iih llie Idtli to the ^otli .Inly the lookeries are fuller tlian at any other time durinj; the senson ,1- tin: j'lips have all lieeii horn, and all the hulls, cows, ami pu]is nunini irithia tlnir liiiiH-i. (II. I!. Kv |ii»'. NVi. 4«, 44th ' 'oiifrre.ss, 1st Session, p. .'!,) It li.is lieen shown that when in the rookeries mothers were destroyed, the youn;^ were found dead. '■■ . Imt I'mlessor KUioit, in reference to the I'riliylov Islands, says : - ' VViih the <-x(-t>ption of those aniinals wliich ho%e rweived wounds in ''ombat, oo lick or dying seali aro seen upon tbo island.^, '(hit lit Ihe irrt'iit niimtkiii, thoUB&niiH upon tiioutaiids, of seals that must die otory year from Tnational Kislii'ries Kxhihition, London, 1 s.s:;^ Mr. Hrown (looilo, of the l.'nited !e-' Iwli ComiiiisKion, Imviiiij staled the llei^'iilalions of ihe I'niteil .State's coneerninL.' the I'rihylov lip, the ollhial lo'fHirl upon the Kxhihition says : — "Fvriv inirral. both in wi and on land, rpprodiicrs its kind in iret^ater iiumberH Ihni, can possibly elist. Id other words, all Mill iiTii to inulTlply In""* rjipi'ily ttian tlieir foo,'e." I, Isl Autjust, 18"'. II' .'lihd thai Nature has imiiosed a limit to their destriK lion. lY iessfii' Kllioit liiinsiilf Mas ol tile o)iinion i i 1.S74 (see his Ue)iorl on Ala.ska alreailv referrei SR ^'.'i that :— lo. "With regard t-i the inereajte of the seal life, t dn not think it within the power of human nianai^Muent to promote this i-nd lo '1" 'liehlpsl aiipn^'inhli- dtvro" lieTond its pn'*ent extent and eonditioti in a «tiite of nalu^-c ; for il cannot f.iil to be evident, from inv ' fl'sl ilescnption of the habits mid liie of the mr-seid on these islands during a i^reai part of Ibe year, that, eoiilii man have the ' ^iipvrTiMoi, and eoierol over tins miiiiial ibiritiiT the wimtf si-ns in wliieli be ha^ at his noiinmnd while they vi^it the land, he iiiii,'lit • thi-iri til iiiultiplr ati.i ioereiise. us he wmilil sii iimiiy cattle, to an ilnleliiiite niiinber. ililv liinile.l by tine ami inein<; lull llie •■ la.iiH-stion. uiifoeittiiiiteU. tiikes the fur-seal ^iv neoitlis oul of every o'nr (nr liej.ind I'le ri-nih, or even i .ii;ni/ance, of any one, »'ii'iii1 ii.\p,infd lo kuiiwii piiwerlut and ilestruelue iialitral aueniiea, anil many olliers p.Mleibly iiuklinwii, wbieh prey upon it slid, '' ii'iiinioii'i- isKji ;i w..)) rieoirnijiisl law of Naliire, kei-p it at about a eert ,iti nuinher. which his b "'n for hijes. and will lie for the f'.lari', A* ilfairs now are. i/» mirn'olMta Itrmt ot lacreaxe. 'I'his law holds nooil everrivhere throuyboiit the jiiiiiiisl kiiiifiloin. remililiiiK Wil (iri'siviiii; the eiiuililiritini ot life in a sfiilc of nature IJiii it not hold good Ihiise seal islands and all Hehrinir's ,Sea would have 'sin lilenillv eovereil, and bare swarmed wilb them loiig iielore th.' Russians discovert^l them; but there were on more seal* when 'r»l sreti i„n- tiv buiiinn i ves in 17Sii h7 than there arc now, in 187-1, as far as all evideaue goes. • ' • » • • • » " \Vh:ii I- in he doni- ''I )iroiniite their increase > We cannot cause n Kreator number of fi'inules to be born every year ; wc do not ' 'i..'li iir lii-turif these f,.males as ihcy irnjw up and live, and we a;i\e more ihiin ennuth male.- to iirvc them. Nnlbiiig more csn be "'II. ft II 1. initMissihle 10 iirolei t them frmii doidly eneriie.* in fbcir nan iermi-s for food. "Tt.i- ..oi-ai body of lour and live tmtliuns of hearty active animals must consume an enormous amount of food every jeiir. ll'O mtiiiiii i.vi-raye leas lleiii o lb* nf lisli cneh per di itliis i- nut hall eniuigh for an iidull male), which (jives the cnnsiunption of iiT t^rrr miUinn ti-nit of (ish everv v-ar I " to gri lii)» 111 loeiisi' liiiid siijipK ihe srals arc ciiiiipelled lo riirpeise ever a very 'arp' area wf the N'lrth P.icilii and hsh This U8 brings them into roi.tnrt nmrc nnH tiinro witli their rnfmicn «s thfV ^dvnnre soutli, until Ihry i4'arh a [loint whern their innui! (tcfliriirtion friini nnlunil fufn is cqmtl t" their iiirrcaw. uml nf. this poml thi-ir nuinhrr will n-ntn^it lixcd. Atwmt tho Sml liUoj, | have rfiilod to Moli<'e thr \eaM diHturhaiK r amoiu tlu-it* lunnuiln by uiiythm^ in thi wali-r or out, ami from iny i.hservatioii 1 am Ie<| ; 1h lirvc thut it is iiDt until thcv ih-snuil well to thr south in the North IVilic that thi'jr uit-et with shurku ami Toraiioun killer- whales."* SiM'cial Aj^t'iit nf the Trt' 'a«urv nt The follnwinir cxtmct from tlu' Kyjtorl nf Mr. IF. H. .M-Intyn tlie islanils in ISd'.l, lir.'i.'ly sn|t|n)rts tin- tnrc^niini^' virws : — " The hahits ut' tlip fur-Sfal are pi ruliur and, in ronflidrrini; Ihf artion nt'ccssary to (heir jirotfctiMU, ()f«ervp careful Jitt*ntion. From the Hatf nirnt.-* nf thi- euiphiyi'-s of ihf latf Russian-Ami"ii-im C(ini|i.-iny, ihf informatiun ih'rivnl from thr iiitrjli-rpnt iiatifo ChiW of St. I'uul IhIiohI, and my own ohfierv.ilion w tlii-ni to rwiili ihf rockw upon t!ir shore. Tin ir ohji-.t at thi* liriir rppios to he nolely to rtM-onnoitre tlirir tdd rooki-rieN with ii view to n-oeeujiv thrm, if they have not hem di^turhed, and the taitivi ><, so ni)der«triiniini; il, avoid any noi.se likely lo 'ihinn Ihrii). iiud in ease the r(ileini'nt toward> the rnukerit-H all tires are oxtiriKUi^lied. Alter a few dny* ib.-^ pionrei'B tnk(! their ileparture, and n* the season «dvantes, if they have been unditturbed on tin- oceuwion of tht-ir (irst t isit, they Mum, hriniilnR with them all the males of nrnturr; ace, Mlmve .'i or (1 ^enm old, who are nhle to miiiniain their jduces in the brrnJint ninkerie.i. (Mimbine; up on the roeks, I'aeh seal silerts his position and tak"* po^seswiun of and oecupiis tlironjjh the itainn, if suthi'iinlly stnmir, from one to three sipiafe roiU of eround. Stdl later in the .season, when the lec haii nearly disappeared, thcftniiin arrive, eonveytl by the younit males above one year of aije, who are unable to oecupy the rooki rns willi Ihtir senior!). Tlie fi ntfiit-j, immediatelv on renehirii' t!ie shori', are appropriated by tlie oUI niahs and laketi to the pi leis respectively selected by tliem fir (bi feison. which \* ifenernlly the Nairn' for many sncei's^ive years. It i^f asserted that the same male seal hiis been kniiwn to ciccupyarif rO(;k for more than twenty si a.-on^. Tlie younu seals abtivi- nne year of JMje, eulled haehelnrs, taki- tlieir positions around tin- «]r.-i of the rookeries or remain in thi- water, and are constantly trying to steal the temab-s I'rom their re-*peetive nuLstt-rs. whii alio rub eaeh ol'fer of tlieir famili^'a, by stealth or utreni^tb, whenever oeeasion olfcrs ; and thus an ineessaiil quarrei is maiiitaiiu-ii itjlj points, which keeps the old nutles rorHtantly rtn the ahrt. 'I'ln y never b-ave tht-ir plaees, s-hlom sleep, nor ilo (hey eat «nniim( whatever d'jrini; the entire senson from May to An;'ust, wht'ti they tfo into thi- water ; hut, as far as can bo ascertained, take nr, f(x>^ until their final departure in NovembiT. It may be reirarkeii, however, that they are very fat on arrival and t|uite ut lean at tlit tini'- of li*aviiie in autumn. The younj seals are sujipi'Sed to bed while in the watrr, hut tins b.is not been dehoitely proved, nor is the nature of tlieir fond well kiuiwn. lince an examination of tlnir stoniacln st-ldoin reve.ils more than a greiii mueilai,'iniim mailer. Following all otlicrj., the yearlmij at-als arrive about the middle of July, aceompanii'd l)y a liw of the oider males, and n-mairi fur Hit greater part of the time in the water. Soon aflir their arrival in thi- months uf June ami July the b-nmle.s bri'ii{ tbrth thtrir youhi ' {El. Doc, -list Consn-ps, 2nd Session, No. 311, p. U.) {tefon;nct* has hem inmlo U> tin* raids ui)on llie mokrrit'.s, and to tliu I'lict tliat insiitliciorit care lias liL'cn taken ot" the bioedin;,'-;_'r Seal Islands, hut he would also be oroen>o m kkik lur me .>tirui ri>o- as wen as waiin tiH' .''('Sl I't lidtl t around the Seat IslamU. Ui; would be away just at the time h<- would be needed ar'fund there tbt>rein and about the^e tA'o i.«lam]s up until the laiildlr ol ii:r. The nppropriationt were nil neht, aod a fellow woul>l h-- ilen-ii to look for the Ntirth I'ole as well as watch tln' Seal N undt ■ ■ •■" T ' — '.' I — .,-.. He nii(;bt find the Noith I'ole, but not )m»uiiu im: .• (Evidence before CungresBtunal Committee, p. 5H.) The Tionourahk^ Mr. "Williams r.aid ;— "llip fiovernment practice. tbroiit;h the Tri'asury DepRrtnicnt. han bci-n to protect these waters ytt far as tbev could witli thr rcTenne-cutters which are at ih.-ir cnmiimnd. St II it bus frei[uintly iiapp?ned that a revenue. cutter goes U[ion the f"ftl i:roi.:id snJ then is ordered north for iii'-pittion, or for the relief of a wbahiii; crew or sonirtbinc "*" *l"' Wind, and they an: gone prelfv niuili ihf whole tim.' of the healing season, and there seems to be an in.iuHicicnry in the to- orotection.' ^Kvidcnce before Con^^*■ aional (.'ommitteef p. 106.) ^Ir. Taylor, Special A'.^Tnt of the Tr easurv ni IMRl. said, before the .same Conunilte.i (]>. 58):— " The difficulty heretofore his br'en that our revenue. cutters ha'-e hi-eu obliged to cover a territory of yOO miles long mil 700 'r hOO mill's wide, north and south, and tliey would get around lo thw '-eal Ulaiid- aloiit twice during a sea.son, They never lia[i|H'n«i !■ nd, as far as n-ndt-rin? nnv servic whatever i* concerned, they were practically usidess 84) tar as tho Si-ai Min^i- xperieiire, 1 believe, of all who have been thcie." be th'>re wbi-n needeil were concerned. That has been th This oflicer recomnieiidi-d steam-hmiiehes for (JovenniieiiL A^eiils at tlie islands. (Kvideiicc liefim' Congressional Committee, p. 109.) Mr. Crliddcn, another Accent I'f the Treasury from l8Xi' Lm lSSr», .-ays (Kviih^nce. Con;.^'re.s.siiiii;il Committee, ]>. 28) when he was at the islands ilie novenniieiit kepi no vessels there. " Ihey landed iilM. Ill' cruiTiing'grnund Is tar too] extensive. coierinE, as It does, a distance of tsr^eral thousand mib':*, and while the cuttet is :thii'iit in lb* Arctic luuch damage can be done hy the narauding vesseU to the Seal Ulands." That Crtni/ress re^ardeij it at the ontset as the duty at least of the Adniinistation to simply Liiai^' and rtMiulato tlie isluids. is ch'a" from the Act first dealiii;^ with the siihject. Mr. Ilontwell, the Seert *ary of the Treiisiiry. rcporteuL'iiy. ujion the roiulition that provision should be made for ibt Miihsistence and ediie;iiion of tlip natives, ami that the tisluries th'-mseives should be preserved fnim injury. 'I his plan ii o[wn ^ 'f*' very grave objection that it makes a monopoly of a branch ol industry, iinporiant not only for the people of the islamU. but U>^' ocople of the United States, if the pr.'pnntion ond manufacturs of Hie skins for use should be transferred from lAiiidon to tai" * " In the stomach of one ol th 'se ani iials (year before last) fourtipn small harp-srals were found." — Mir/iai'l CairnU'i HtjrA ■H!) whwp tlicir inniii! till- Srikl lilaotUI erviitioit I Hill led : ami Turat'ioun killer. lln' TrcflHUrvitt careful iilt*ntion. ti'lli-rrrit iiatifL' thief !!-•* : 'I'lie ft-al* mth nuiiihtr of uiil mill: )W tlll'lll to FMili Ihf U> rriici'U|ij them, if in cHiie the wiinl inn \t1i*r H few ilaj* th.-^ irct tinil, tdcy ntiirti, ace^ ill tlie breniin( lirnu^h thr h-aiiid, if iappe:irrd, the fnnilri ■iiior!!. 'I'lie frmulf!, •otfil liy tliem fir tb known tn iiccupy one nna aroniiil t)ii' eilr'-> iii>t<-rs, will) aIm tKb L'l iii tnniti'.uiiK'd it ill ilii tht-y tMt siiTtliin^ Ttained, taki< n<> imxi lite us lean at the timr 'ly |iri»viil. nor i5 the I inuc-ilai;in>>u« tiuitier. s, nnil p.'inmii fur tlif it( lurlli tlii;ir ynuiif " Uicicnt carii lia; tilt' (ri)VtM'nmem. tla'Ui, finii it \i UniH tliaii over. . to keep 11 cutt*T I up until tlie iiiiildir <>t and a fi-How woulJ H- Wrttrh th.' S-«l IvMiJ) ic necdrd aroiiuii there.' B4 they roulii with ihr [Min the f'ftl ^rroLii.! md n^ tfont; pretty iiiulIi ih' iviili'HCi- iM'fitre Con^^■*■ Th.-y ncviT liapp'-UHl !■- Ill liir as the Sili; xnul from Loiidun to tlw 1 rtlirn* iipoU 14 t'iiit(rir\ til ihr iili'4« af iti(|i('opIr, and m r-iKr. rli:it it li rl nil lin| rrw ilh ti)>lifii'> w H.l'l ilTniiin»li. ••on'-i-iiillv if the Colli iiinl Nit itif rxpiriition of thr h-a-te Id u.il iif it* priMlcft- ' Knr r lOM'-Ilt *|i'>iil(t ;. iHi itrily Ih< ^ic ji-i'lrd t ■ ifrnit t*\[ic Mil-. hri,-)l\ -iiili.t, hut valid. ;i-> tlii-y iipppnr I t Kii'-r till , I (Mtnioi I'. I till- (i< iip.iiiy n,ivt, ii« wdiil iMnifiil of llif United - in ihr .*imL'i'4li rninf>n^ of iUc U'nitrl Si iliw to nniint lin in iiiul iiroiiiid i|i-t iiluntU ii niilitarv and ' for till* prolrilion of iii int-n-tii niid-r nor plmi lint r.in In* ili \i->.->l. 1 i mill' Mil- Ptilin- t'oiitrnl of till- Im lii.lt It U Ifrtt-T Ihtt till' (ii 'if tin* mljind!*, mid (•m-IihIc i-mtvIiiuIi Imt it- nn !>erviuit« iind ncciiti* : thu' it -hould r«(fthli'li II rii:t«t 'yfctfin of puliic, (■Xi-linlinir frcmi ih- i-latnU diitilled i(|iirit« luxl tin-Mrnis an 1 sobft'iit v< ^^i-* lliut Iimh-K i)ht<' to fMrl-itiii., ■ijil whrri tlu-y un* iirui-ii M 'fik ?l.c||rp or for ni' (IiviTiiiiient of ilip L'nit'd Stat<- -ct-ni to int* to In- tlu-e: ■firy rrpHirn. Ihi iiii.l rontrol hy tin- ' M. (Ik . jchi-ton of nlhiT pHrlifft : IIh- Nttpply to till- nnMvia of -ncli iiilrrlt-i ;i4 (lie-; .uli'> I lo til ' iiiiiiti'ti f»r rtifir ljilii»nr, luid ill ■ piiyui.'nt ot n ^ntliiicut nihliiuiniil rh V.' \ nir ai'i'wt'iiiit Mld>- III. d (.1 tlH. in to li< r.i. i;onipf i.wlinli l"nv line hi'cn iim-untnni'd j -llti, iiii t'|iiftnlil(' di^i-im of rlic viilm- ol tin- -km- nvi-r tin- paynit-hli iiiaih- to llii- tial|\c 1lrni-t I.I til'' (invi-riinit'lit of the Ihiitcil Smicx nt ,. h fo iiry for tin- priti ctiou nf tin: hu-*iiu * III" |i 11-11011 of till- unrplin I'fjiiit.iUly hrliMii;iiiir to lh'< iiHtivrn tiiiL'lit hn Hit u^idr for tin- purpose of nln itid tcliuirr nitahl'- lirti-lliturH llian ilic y now poss'.-os, and grii'-rally for tla-ir phvfi.cat, Inti'lk'ctiiil, and luoml iini'Mtri ' If tin- (iM\(-riiini lit Hcri' tu l<-usinL-r« of Ihr iilandd in the liniiil* I'f tlic (i'MM-nini'Tit Hoiilil not <>i- jmi '()iitiii:itil(, I a;irt'<' in tin npnuon t>i)ii nanntt'iiii III ol hiiHinL-><. ; hnt tin- iti'irly i- it 11 (lovprntncnt, rspcrlally hutini n hi I'll like Iliiit of the United SlHtc!*. I.i rmC adapted to tllP trxiopt' iv. ttlictlicr prohtable ur ..therwi'.e, the inf* nj-t of tlic (Jovi rn 'it Ii- Irfl opi I) ir> irdi^iilnal runipflition, inid if it is to be . tlieic iiUii.U s pp vat, lint it r ut alloril to rnt i* -o l.ir^ri jind III Xpi' lawful ■ly c.ttent the inoin.piily of an indiviilunl 'T i-t a Cimip, lent to till [ rotFriirin of in\ for it", own npiTVi-iion. ' M.oidd the (iovernint nt fail in the nltcinpt to unmade the Ifukiin-SK itii-oni;li it:t own a^ints, tbay lli.ti lb? i>kino taken in l^rts were removal by MiHsr:*. KobI, Ilntrb.nwn, and Co., the Soliritor of the ■rrejimiry beiuj; of opinion that tliP (iove ufHtii the i^'laiKU, but no d<-i'i^i'iii Inn been iii'iile toiiclting rln- rik;ht!> nl the (to\e nt bud no lp;ii! nnlbority to detain (he ' lu ( irlitdini; thi-> Hepurt I it. -in- l<> rail (lie atu ntion of Conk:n-<^:i to tin- f;irt tb^* it in i f.ir;i*^ 111 pfiiMde for (lie bil>iiies>« (if the pri-*ent ye.ir. The tllitives will i Mill Those tnki'ti in IHG'J are ,ry to le^i-late imniiiliitely jio apture of steal* about the 1-1 June. ' till' iilanda an- to be lea-ed for the [ireseut yi-ar it eliould be doi;i' iinniPclialely , that the lessee iiriy innke pro\ision for the hiisint-* I'f the year. If the buf-iiic*s of the present year in to bi' roTidnrted by Ibc (n>\rnitn''u . 1 think It "-hould be, whatever our future puliry, Ifgi^Ialion in nt-a'snary ; and I hni:(I*''*t tlint tlif Si'eretary of the 'I'rensiiry lie antborizi-d to appoint .\gentH in .Mdi-ka who »hall lie ■t.ipii red to )*ii|iprintend tin aptnrt- of the ■M-ab and the ennii «kin- and that an approp ropriation rh.itl be made of 100,1)00 ilnllars, out of wbieb llie imliv- s slitill bp ptid for the labour pi-rforni' d by tb.in. ami the otlu r • .« met. Tilt' Si-errlJiry of the Tn*a9iiry ^ll^uKI alwi be authorized to sell the akin^ iit publie imrtion oi npoi hj*inf« met. M" aleii iiiildelit to lb'- ropo^fils at San ■ New York, w Ih: may deini mnut for tin- interest of the (Jovrrnnii-iit. ' It -InaiM be ohoersed in tlii iinecMion tliat the (JovermiK'nt dirivtd no lieiu-tit wliat.'\er from tb.- iral lialn r: of the veai" 1^68. and that the skin- taken ui iHtil* nrr, iiominallv at lea-t, tlte propenv of two Companie!). \\\i\\v lb<> (tovernment, durini; the last j'ur. Iiasiirane<' at present Ibiit It vviil derivi- any benetit vvhatt-ver thciefrum, - If K-f;iilatiun i<« loni; delayed ihc iHi>in<"'« of the year ls7i) will be but a rep<'titi<\ • pii'^rnatnai ot ^-c ii lifi- i.flwn-ii tin •wIm Ilie ^i'iils ni the oeean. M II ^npiinri Hi r. lH\.int, UI thr ..In I si;'.! fs. a-Nfilion tht' lol nato \']\. N( niitiol ill.' isl;i:i(U ami thie vni;.: anilioniK'M aiv in ipomi wliii air com]" 414 Coll'.,'!-. tuiiiMM'V liikfii in ISi'iV ami in ISIIS ih-t 'd the Loiaton valnalii n to •"• aiiil 4 i.li< Jnti St'-ssion). stali-il ilia', ih-- hii'Lft' lai's a >kin. -Mr, Mnoiv, in it Kejuii-t tit the S.M-ri'laiy of liic Ti-casinv (11. \l K\. lior. No. S:l. p I'm;, I4lh t-a Si •.ssion). .says. wImmi allniliii'^ In the a4\isal>ilil v id' killin.;^ lii" A't ..I thi' Nl ,liil\. IS70: '■ It «eni>- tliil the lOO.iHtll fllr.^ell■i fn h'.Mile* ihe M-.itiirmi: fur-M-aU ktlUd in the South Sc.i ills than prt'^ I'V ■tiilcnt thut Ibc oiir own Ifliindti, Io<;elIier with tb; all tlu' market cf the tbem I'roin tlu- Asialii- ia1and«, rid ein ro»vcni.-iUi\ take. In f.iel, it i" pretty striitioo "I the numbers killed is abuiit the ni-i-st x.iliiu'de part of tJu; fruiieln-e oi tin \1 i*Kn (-oinmereinl toin|Hiiy. lUid it is iin1\ anoilu-r proof of tb-- alMurdity of ibe frcqueiil rim 'urisUtiS iD.lHJd or ;iit,IMH( more ve.ils than tbev :ire entill. J 1-r '."ke ■ made airam*! iliem iluif ili.v -un.pii;ion-l\ i.iki- froi 'Tliire .lo'H not evist any tlinil.t. nor inib-ed is it denied Iiy lb:- Alaf^ka (oinin. rii:d Cfmipniv. llrit tin- li;i-i* of the '-la-nK o( M. Paul .Old of M. tic thr- ' hi-.:hlv lui-rativr piiiii ipal 4 iM, Ibe Ala I'hi* Kleit, suei ot tbi> fvii i-. h. . f..i omnicrri;! 1 (■ ■mpiiiiy, o'Vin^ nz (<> ll)i> t'let ttiiit tbev li.'i til. ■ I i-oiild ast-crliiii, to "Ic ejntrol of ;!if thr.i: A.-iatii niiiili fiir-sejl?t i.re found, nt well as on our own t.sl.md-t. ur M. I'.iul iirtiliillv the 'int. nl ull till! fur-seaU killed aiiitnaliy in the world : 2mlly. tln> ailMtriiiy fur-.eals III liie market- of tlu- w..rl-l 'tormij il: Uiii Ciititrullii ^.IKin.lHtll to TIiM;„M|.:,„ L' Conip.niy niovt \iilit;il>Ie a Iv. intakes tiMir years luay i' ['■>r iostaiie.*, in e^liut t rnt. ill \alnc : .')rdty, imie and espiiiene ah' of t^H pel entrse law of tn-^Iiion iia* raij'fii Ihe |iru'c of tlie Mand of St. r.inl. Alien- ; aU expert- ill ^eleetin•.^ ■ yretfale. the efoniiarat ivi-ly small cpuuitity lllrd lumber of Ironi -ilv tin- kllul that are the )ll.l^l v.iluible in tin- 9fMti)(i,;iit m( h tj.nk of ;!.lia(t.noO in ;i.:iOi».onO, whieli are the neleet of tin- .-elei-l ; ;mil il ,uk -I an! hu . owiii.; to til 111 m.w 'ja.iUlt are killed. iiM' nil ilillieulrv in ui-Ki taktn I! 'act ii Ji;it 11 f. lini,' ruth in the >kin-. »■* also in pro|tetIy pppiirinij tbem lor the market, that the biL-b |tnec thi- fin >eat I'clliiiii; now in idon : I'/. lHv i>r :i/. t>thev.ili„of lb,- skin rtliieh live year- n^tt feiebed 'Mh. t-terlini;. The fori owim; t t it> -openor ipuility id I ' obtaine-l. ImlL-ed. tin etieiit eomlitn iper tbai) lode of tbe iiidiserimiiintr killinL' of I'ur-scals wan as dilitiiuiitat tiftiY (o the exisicitei ot the breerj. With (Hiib a valualde framlii-e. serund b\ ;ir* to run. hut wbieh ronld, withont notice, be termmated by tie- SuTetary of tb'' Trea-iiry for »«itiiial pulley on the part of lb'- lompaiiy to infringe on the Hiipulatioiis of tin- rontrirt.' All llii lis is OX|illlilll'(l ill till-' rvidiMlli' licflilv llif <' sldlKll < 'I'llllllllll '-I, wluTc the Cuiii|)iiiiy is sliuwii not tci liavf taken tlic> full iiunla in luc \c;iiv, ; — ■ >ntra.'t tiiril liiis Mill illl. In:., ^IIK Ni)t ))iTau5u wo fnu)li;l In till' Ijlllli'il Slali' MlM 1.1 Ki'.i Iif Mil' li'.,iij|. r. Ill .'ill 111 >kii 111. 1.1 I il.il. IIWIIl'.l ll> lllll KlI'.nlllll.Ainclii'llri ( I lllkl'l I,, iiMii.. MTiiriiiif unit lr;iii'|iiiiliMif Ih.'i (Ml nlliTWiiriN, liiiwi:\rr, I'lir-M'iil Kiiriiii'lit" In ;i *III|| illMlUl.'li'liI HI [Iil ■ j.r. . Ilf I'ili-llitlM.lllll' III l,.ir(l|l(. ;||||| i (•Xffi'tiiiidti lliat tin- u-'iiil Bii|i|ily wimld W 'ut nil" by rciicoii uf tin- inui-'fi'r of Atjinku, |»riri's itilv^uircfl in A tit (InlUr. •niitrnry to iln^ . \|M'ctiiii' iiliTit rnoru timii 'JDII. unU skin*' wm- takni bv ilu Hhuiils IIS |iiirlii l-fi AiW : iiuiiifi-(l ill I ilf Iiii*ihi*ii« rtn 111 iHiiH. iiiiil till- hiimlitii |)ri(:i> liiii di-i-lineil tn W In I ilullur'* pir xkiii: tnitl 1 iini aHsiirt>il tlmt it llii> raw *W\\% n'lw liti.i l)V (h'llfr-* ill LdiuIdii urr-.- lliniwii ii|).iit Hii> iiiiirki-t, .i .iiy tlif ro>l nt tr[iii*|il;iiiiU vn\\U\ hirdlv hi- niili^ril. 'I'lic inmilpi-r of i \\\y> ' lifforP Mil- 'll iirtii a will 1 ,iti?> riuw u]it' r.ii-r llif nii tht* niiirkrt i> nnl li><>4 limn :i.V),i)iH), 1.1 It ] !)>< ■i-cril nitr, if iiiili I ihf |;iri;' -uriiliis nl -kin [trfilu'ti'il i|i;it M'\i'rnl yfsir* iiiii.i uw( r lufor. icai-riim ht'^ill Hll r.llTV ll iimrft thii ki'i .Mm lOs; 1 lltiT tin IV dl' llli- illlll'jrl'. ti 'III lil'i' li.iM' lii'i'ii liiriitiiiiii'il, ;il|i| il lias lii.'i'li -^liiiuii lliiit. llii' lii'iil -till ml llir wciiiili'iriil |iriiiliirli\i'm'Hs ul' llic .si'iil i.i I'lii'lln'r .-(liiiwii liy nil iilliisinii In ii ilnii'.'ii •|1 I III' Sl'ills lll.slllll ill till .sill iil'iiiiin ill lln' (li'i'|i si'ii, a r|i>.iijr,.|' ,.M.|' cviiiii j;, \\ liirli iiatiii-ajly ti'iiil; ' iir. wlioii iiiilsidi', ll 'iitli'i'. I'l'i' is iiiaili' 111 llir Ullii'i'-w hairs aiiil >Iiai'k~ ilii illll lull'. lut .SL'Ssinil, |i. 177, mill p|i. .'^11, K7 ul' .\|i|ii'liili\ in lln' -^ainr ilin'lllin'lil ; alsu ]i :'.."i'.l ul' Kviili'inc I.eIi.! Coiigrii.s.siiiiial CumiiiiUri', l.'i.S.'^): — " Tliiil lli.-sr jiiiliiKiN an- |irr\i 1 upiill t'Xl.'ii^ivrl) liy kill, r-wlial.rf l Ofc(rf/ittfluilfir) in .'^pr.-iiil. nii.l liy i.hiirki ni.il |iriiliiil'i> olii ^ulilimriiio (or^ niiw liitkiinwn, in iil uiico pviili'nt ; fur wiTr llicy nut lii'M in I'lipck Iiy soiin' sni'll failip lln'y «iit;lti, in. tllry rxill |.i.ihi en St. I'litil. ijiiii'kly iiintti|ily, liy iirilliini'liral |ir|im'tiilik' ilfi(n« ilitniiiisli till Ihir.'l'.i al nil', rrly look iivoii llli I III.' ''Iii;lit..-t Willi il> n-iiular, t^laiiils a~ 111. i>ia\iiiniiii limit of inrrt'a iii;i;i'i'i;.iti' un- i.iri clilali.ai oil thii lit III hvi' iiiillinii .if fiir.^.aU .'ilitnt.ixroiiiiiN rry yriir. arlh 'lal Si. I'aiih, liyiipil to tlii'in liv niliiril laws. ell ai iIm'wIic 111' LTi'i-.n I'lii iKliioti'- 111 poll. pp. ll'.', i;i. (' -r.' tlll'lll rvrry w.moii iili tlirli' I'libjli.i ililiriiiiii uliirli Ndlilrti lioliN in lile U[itii ' Wli.n liilori' till- loiinnitlir of Wayt. iniil MraiiK on tho I71I1 Marcli. lH7(i. the inveHlik'alion licforo iillildrd to. .Mr. Kl inaur !i yiniilar -•ainiK the Kfport of till' Con I Honii'wlial irrratcr il.'tail tlui ri'aHoni lor liin . ini'lii-ioiu. Ili. cvidiiirt* will hi' foiniil anirscil i. llti'liort N,i. li'JIi. II. K., mil C.Misn-". Ill .s..,i..ii.) .slil't'llllt,' llir |il iiii'i a.~ kiiiAvii ill ('.inail.t, il iiiav In I 'aiiailir.ii M'iiltMs slail uiit iiiiuii lliciv si'alili;;MH ajii'S suiiii' liiiii' in llii' lii';;iiiiiiii- ill' lln Tli. ves.si'is I,'!! iliiwii tu a jmiiil ull'.San i'VamiMi ami I'luiii llii'iii'i' V. .ii'k iiuilli. le coiisl ail' 111 liulli tl Uccnii. TIlC I'atrll 111 I'll! ll Vr-~i'l " ill •,[\rl;i mill llic ciiil 111' Mav. -c\i'<. many iii imp. ^uiiic yuiiiii,' mil M'lX I'l'W licl\ "lllll ami 71111 --cals -year Imlls lii'U lis liikcii Uy liii'iii I run in llic I'.ni \V1 an nnnaiiiiil cicu is lakcii. inmiN .-.liuis mav la' liivil uillmul liillin^ lln ll C nUVlCC C\|ii its 111 nil llii wlii'ii al a luiisiilcialilc ili.--l.iiii'i!, lln Inn uilli lihlimi liiinli'is ami cxiicil wliitcs a seal is 111 ally alv III" Isi, .Illllll.'iH seals 111 all. >ili'-. I'll cases c.M'a]iiii,;,' i iiliivlv. ilmcil wlii'ii llii. ,\n lAiiiri lo'Vc lis in .-ii< sliuiits mil In !;i II aller lie lias airivcil at i.losc i|iiarlcrs. ami .uciieially \\\ ^cil the eatdi is luailc up lar^'cly u[ yuiin;,' liai'liclui-s It'll llic seal IS a-li"'p. calinj; caplmiis eunlcin Uial iiiiicnli'in IS ,~iippuili liv tl mall' lii'i'iiines lit I'tir lliii inuki'i'ii's mil il vein's uf at,"' In U' iiiilliurilie.s III wliiini I'clei'ciicc lias alrcailv Incii iiiai ll is fmlliei' cuiileiitlcii llial siniiilil a tcniimraiy iliininiilitiii ul' seal lil't^ heeume iijipai-ciil iiiiuii liw islands uf tlie j'l-iliylov ,uiuii|i il wuiiM iiul I'ulluw llial llic lieiils \*i ic dccrcisiii^. I'ru|cs-,ui Kliii.U, it liis J;c]iiirl 111' \X7-i ii]iuii .Viiiska. so l'rci|neiilly rerencil tu in lliis p.iper, ar^iics, un |ip. Llli."! innl -lili, lliiil in siicli ,1 case a ei'irespiimliim anjiiiieiilaliuii may lueiii in ('iip|ii'i' up iieliiiiij,' l-lainl. -iuii ' tliese animals ape nui p.irlienliiily allaelied tu ihe ii'spt'clivc pla III' llleir Iiillll Tlnii it pp. reiiHni'y that ili-tinitii ktinfflciliti' ronci'rnini^ thr Coniniilhilrr l>tutiiN ami tin' Kuril.*.'' 'liiiiiM ''■ pnssc^M'il ; ttillioiit il. I .hfiiiM not ll^^itatl■ In '.(.y thai any lloport iiinrie by a:-. .\;;i'ia of the l>.'piirtiiiriit 1 I vi-ihli' liiiiinniti 't till' Bi'iil Iil'i' on liii' l*riliyl'i\-. iliiii in his opii to lln- iir.'i'l of killii il is coniUn-ti'il, was without ifooil fontiilation ; lii'il Ilio iliniitiiitioii would hit missini; sfaU iut* ll just thi' balm! ill nil likclil d had tliiTC tn't'ii no lakini; of si iIh hi ;iII on lln' isl.iiids. iin 1 tlial ti ' 1. an pi'ol.'iil'ly on tlin lillssi.in i;ronnils." .W. i.« M. <,hi,Ji„,i m ll,,- /',;,/,, I ;,„! ,.J ll,,' Fi,,-X,„l ill l/„ X.„ll, r,"iji': I'.V .Ml. (IciiVJC ihn-iii|, U.S.. l''.i;,S. i''.l;S.('.. K.li'.iM.S., .V.ssislali' J)ili'c|iiriil'lll.' Ceuluejeal .■'^lllVlVii: I aiiaila.J 'I'lic iiiialc 111 piiilcctiun wliicli is a|iiiai-eiilly iiilviiciik'tl liy llic rniled Stales' ( luvcrnincnl iiitli' ease ul' llic I'lir-scal, \ iz.. lliiil ul' leasiiij,' the piivilej,'!' ut' killinj,' the iiiiinial uii the iiiccdiipn-eiuimils nii'l ]iiiiliiiiiliiiL; ils eaiilire elsewhere, is a ncu deparliiie in llic iiialli r ul such piulceliuii. 11'. in.lecil.tin wln.lc s\vee]i Iif lliC I'acilic Oeeaii nuilli uf the Ki|iiiilup was duniinatcd aiitl clU'clivcly eonlinllcil hy lli- I'nitetl .Stales, siiniclhiiii; niiulil he saiti in I'avunr ul' suinc siieli inudc ul' ]iiiiU'ctiiin I'rum a cuiiiiin'i'i'inl (luiiil ul view, lllll ill the aclnal ciri'iinislanep.s the rcsiills wuiihl he .sii ciilii'cly in hivuiii' u(' the riiilf.'-. .'state's, ami su ciiiii|ilelely (ip|niseil In llic iiilciesis and nnlilial rights ul eilizens of all ullier I'uinilm'- that il is ]iiepuslei'uiis tu Mippiise liial such a iiiuile ut' piuleil imi ul llicse iiniinals can he niainlaiin'il. Slateil hrielly, ihc pusiliun ul' llii^ I'nili'it Stiilcs ill llic nmltep iippeai's tu he iiased u.i the iili''i ■ illowiiij.', I'ur 11 iiiuney cunsideialiun, the slaiiyhtcr ul llie niii\iiiiiiiii pussilile iiiiiiibci' uf seals euiii|Kitil'l'' with the c.iintinnnl exisleiiei; uf thi; aiiiinals uii llie I'liliyluv Nlamls, while, in urdei llial this iiuinli''' shall nut be lotinceil, no '^'aliiie is tu he pcpiiiitlcd elsewheic. ' 'Iili- 111 iHlia, tiltrr V.IH tnutui ill tlii- il. ttir liHukrt U I'll MitU'» v;ii*kiii. .•(in < oiiili.ilij Wt-rr lilt- |(ri«i'iil rint (il l-'..ir(i|ii'. iintl in ih' r tluliiirit ptT t>kkli', liii' 1mi*iii>-4« I'll 1h<- 'iiw Kkii)> ii'fW litl'l ijiiiiU C'liiUI hinlly M'MTItl Vfiiri IIIU*I t imt iiirrv it inuHi Viit'-iirc liclol, nitil |)rn1(Jt1>U oil) ui. Iliry v»iil I'mUt ■^i-ii itwir, i'"ulil till' II iijiprt'rijil)!'' ilticfi' ry vi'iir. Wt ni;iy, III on tlirn- Piibjlii'. liiiIiU in tile upr. Iihlftl to. Mr. r.IUii!' !)•' ruiniil luiiriril t > L-aU :it illl. >\nu \i\i\\iii fiitnvly, An r\i«rl I'fVt" 4.M llll|>lil>ll lull l»' llllNI'll, ill I Ills IIIIXI'i (III MH'll .111 ilS-lllll| 1. 'I'liiil l'.rliiiii;{'.s Sen i.-. ii imirv ilaiKunii J. 'I'liiil ciirli mill I'Vciv t'lir-sciil \-< till' propoiti- nf lln' I'nitiil Shili iir iplliii iiiih ill' 1^11 'ipiiiliil*:'"-'' •■'' iilli (:liiini> liiiM' li'i'ii Miaili' ill iiiM' I'miii III' iillii'i', liiit iiHillwi' Ih «> lin ii« I Iviiow, tt.fii ndicialiv Miiiiiihili'il. j^Ol uialiliiriil IViiliiri' l>\ thr lai'l llllll till: III' I'llill Till' lii--l i.H >iiii|ilv ill>|iiiiVfil liy II iihl I'li'liiin^'.H Stiiiil riiiiliiliiili' till' iilii'ii liiifliwuy 111 Uiii Anlir iiml lo (ixi't M' llm iinrllii-i'ii ^ln iil' |)irviiiiis 111 linn i>t lln' I'liili'il Sliilivt' (iiivii'iiiiii'iil wln'ii iliih icn wmh mciiIv ■l |ilHrllllHt' 111' Alll^llll lllM'lrt III 1 1 is Hl'lll'I't'lV IlllS'lilllc llllll li'lliliii'V. I liv llif I'ai't llllll Iruiii ISIJ In tin' iliiti' <'!' llii' il Sliili'.s' mill iillii'i' uliiili'i>' wi'K' itiiiiiiiillv I'lliiiH iillriil|il wi II l» li^iltri'.i I'liriii'^ St'ii, li "M'l 111 tlli* nllllrlllimi. (liilllrllilTs lli'f> If ffninil »'i iloitl'.; HNt inilr^ nu.iT friiilt Ihnv ri/)lii-iii'». Iit'lniiir« lliiM'f. liiH lirfli lii'Knttrii anil Imrii Ihrn-nll. amt lA llii* iilitiipil llml llli' |ix|ill<-lt nliii'M ill llift Um- iiriitn-li. Nn li*!;!)! «.|i .ir.|ii Mill' .■luiiil IIh> wIinIc iriiili III' my ^I'llr Till iiiiitli I I-. Il' iiiiw ilini'iuialily (i|i|iri'ri(it.i| Ktiii inil-i^liii'il lit tli"Tri'>imir\ i'i'|,iirtini'nr. iinil tiiis licfd iliniiitf tli • pfi« Omr Tfipn. n* llii* -i',it pliiiii-i Inw ili.r ivitciI t.i their chft^rin 1.1 liiviiiiitiliin ," (Dinted Nt:iten' llltll CfliKil*. vol. viti. Pur.Sml Uimid*, p'. I.'i7.l Wllivillj; I'll!' till' llllillll.lll Illl' i^rlllT.'-l lilijl'l'linll wllil'll IlKIV In' llli'Mil In illl' illliilCi'llU'lll ill' ilull 11 ,illi i|il nil illl' llijjil Nt'iis, Illl rliriiii'i'lllOlll. wllii'll illl' I'liili'il Nlilli'M, ill till- illll'll'st (if llid 111 ('.iiii{ialiy, ii]i|i('ai' lo liiiM' iiiiili'ilaki'ii, lln: lacl'i Uiiiiii wliiili llii' ii..~liiii{iliii|i aii' liaseij inny lit! AInskii Ik il Ml. Klliiill, ill I'lul, liilii.-i'lr «riti'.-i, nil till' Willie |iayo d'elririn^' In llin |ili'> ■ II. Ill' a la -I'llill:,' llui'i ill )'n'liiiiii,''.s .'^ral, llial il niiilil mil lull " in ii few t-linrl vi'iirs in -n liiiias-.in._' ami irrilatiii^ III' lui'i'ililij; Hi'iil.s us III can.-.!' Ilirii willnlriuv.il I'lniii lIp' Alaska i'ii, iiinl |iiiiiiiilili' ii'lieiit Ui tlm.-ii' "I liii^si.i, a hniii'i.'(' II •!i.iiiii' 111 us.' r niiiliiiiliii'il Mii'-i'iivili' ili'liu'lil ami I'liinliiini'iii, uml nl K s|iniiilini; \ lli.il illl' val- iiiav ri-.^nil in lillii'i- lln- I'liliylnv nr llii' IJii.'i.-iaii i-^himl^ iiiiliii'j In riiviinislaiiri's : anil win I i.s In |iu|i llin r;iM(. Ill' a |iiii'lii'iilur iiiiinial. in Mliiili nl' tluvsi' |'l.ii'('> il lias lii'cii linin ' 'I'lir nlil llii'iiiy, llial tlii' .irals ri'tilliiril iiacli yi'iir In tlin siiiiii* »|iiil, liiis lu'i'ii ilii| ilv 'il. KUiill liiiiisi'U ailiiiil' lliis, ami il !•< rniitiinii il d'/i. i-//.. |i. :'.! ) liy ('.i]iliiiii Cliiiili' Mrv.iiii. wliii I'lsiili'il ciiilil ycai's in llii' I'rilivlnv IslamLs iiii (iiiMiriiiufiil Ayi.nl, iiinl wlm. Iiiiviiiir liiaiKiil ill 1X70, nil Si. I'aiil Islaiiil, li'i'ii''iii/>'i I, Illl' llrxl Vl'lir, riilU- nl ll ililli'i'ciil I'linki'iifM (111 •Jiiil i-liiiiil, ami luii nil .S|. (ii'iir.i.'r l.slaiiil. (.\liiiin;/ia|ili un Nniili .Vnii'i'icaii riiiiii]ii.ili.s. .Mli'ii, I.8HII, .401, It nil. iliii^-|.l iivi r, Iiy iiO iin'iiiu* coiliiin tlial llie rni^sfHl.* bivcil t'X(ilii»ivi'ly mi llio Itii-s.^iaii iuhI t'liitcil mils 111' nrliiiiii.>'s Sea, llinii,'.jli tlii'si' islamis ari' mi ilniilil lln'ir ]piiiii'iiial ami iniiinrtanl, 'I'lii'V were I'lii'iiii.'rly, ari'iii'iliii',' In ('a|il,iiii .'^liaiiiiiai. rniiinl in i niisiil|.|-;ilili. ininilii'i'. si III' I 'alil'iirnia ; ami ('a|iU(in liiyaiil 'ilili V iliriil'lllri Ma .Mam nl' (' asl ill Niii'lli-Wi'sl Nmlli Anii'iiin." |i[i. l."iL'. l."il. i|iiiiliil Iiy .Mli'ii, o/,. . //., |i. :j:;:;) nl iln. cvisti.m'c in ici'i.ni miiiiaU nil lliii IJiii'i'ii I 'liarlntlr l»i|aiii|s III I'lrili.sli ( '(iliinttiia. "I sill C/llllllll'S 11 I' 1 1 M'-, .\1 Irii I'lirllii'l ililnU:s I'lniii lliii iili.si'rviit iiili.'i nl' Ml. .laiiii-s I • I'liiiiiiii-siniii 1 111' h'isli iiii'l I'i.sliijiii's : - - II, Kii'lil Assi^laii! iif illl' I'llill' ■' Mr. Swim '* il inioli. fmin Mr, Klliiiltl, " lin* p,i*.Ml-pMlr ml iiviTn'^.r Itf.'tinir nii lln- nnnti-w.*l cu-t. iinil linn '■. n.l-ri'il I'liri! Mii-tici! mitl III ctliiiuliikfv nftii wnl mul mliinlilt' niriii«." lis slali'liirlil.s iiia) llii'li'liil'i' lie ri'irivi'il willi ri.s|ii'rl. lli urilcs: — ■'flip liirl tliat llipv fihe fm'.s.-!il-"l ilu lM.ir)itipw in t*»r ^ip("n i»l'|.ni' . off l-'uni Htmit. iii wi-11 r'^tiililijhcil hy tli(» i-WdDiiiv of every i.f fiiL' iiii;il nli-tri.'iti. l>r. I'liwtr -iiy!! tin t.irU tin not ..limit of ilifpoUi. ■ pri-pii-trrcuii to my iiiiiiit In -iippiiM- IhnI nil lln. l'ur-s..ulK of tin- Niirlli I'lirilif ci u> 111.- I'nliyliiv l«lfinil.« ii« to -uiipii, iiliiioii iro to till' (^oliinilii.'i or KnisiT Hiv.T ur I'i llic Yiikiin." i(. Kurili.* -Iiuiilil ''■ vi-ihii. ilinilnmi'ii '' fiiniiiluliiini l"»t 111" . islilliJs. 1111 1 llml "' 'I'., lllis I'l'ul'l' S. .Il 'I ri murk lliHt I ■:iii|? lli.iii f.irlli WHS insi nl liuiiil.' Hillill. Illl' W vt' liir--i'.il iiiip cll-k miHii niitnriilisl', in Ms nt Ciipi. KUlIrry. liiki'H Ir. in olil ;■!•[ jii-l l,i!li.il, .||.iv>nic iIkiI (|i|. lium „f Illl lln slali'ini'iils .Ml, .\lliiii liliii.wlf iviiiarks:-- ivi'iiiiiuiil ill '''■ iliii'4-^;iiiiiiiil-'' "II'' I. 11', iii.lii'il. ll" I'llllllnlll'il I'.V til' •mil a I'Diiiiiii'Vi'i''' 111- 111' tlin I'lii}!' 1 ntliiT I'lilllllvil'- 111' iiiaiiilaiiii'il .s('i.l i>,i lln' III'''" f si'iils i'nliili:itil'l'' iiiat lliis iiaiiil"' ill.' in I tin iui« «li;'j:i*.liiins ni'idi* Iiy Mr. Swn iirf III ..pc ll inbr nlirinin:; (li> mail.. npln ' ri pair In m-i-ludril plm llrymit, nnd nlrOK.iy bfl.-ll? pi.^nril'.(l (ft this wort*. Tli..? si.pin -tii *liow- thai ;it It-iist li rcrtiiin lilinibt.f of i'l' 411 «nili.l I.I thptr ih'mIi*. m fur *..n(h an tin' Intitud.- of C.ipi: Kkitleri- I'iiiif forlli th».ip Ml, Kllii.il.il' illsi', sliillilv ili'iiii's 111,. aiiili.'iiliiJtV nl' all illl Ill.M I'Vatlnlls, 11 I ni 111 111 iIhI' I ni'iiii^ iii'ii'ssarv (1 niainuiiii lii.s i-niili'iilioii a.s in tlto. n\viii'islii|i ..l' iln' I'niinl Si-iiis' Cui.i-iiini.m '111' .Mnska Kill' ( 'iiiii|iiiiiy, a.s tlii' case limy liii, in lln- seals ll lias I'lirllu'r I ii nl'leii sialoil llial llie killing; ni' riir-.s(>als in tlie ojii ii sea nil lln: .Nmiii I'.u i(i, •'^1 i^ !i i''iiii]iaiiitiv(ily iii'M' ile|iartiilv, wliile il, is, as a iiiatU'V nt' I'ael, iiinially eeilaiii llial ilie liiiliaiis ve iHiiNiieil anil killeil llie.se animals I'lnin liiiie iiiiiiitniniiiil, ,\s i'n.i;tli 111' ll ll' till,' lal I'imsl Illl lias, linwevci', niilv nl' lale veiil's liecdiiie I'ulh k ill'.illv iliMii'ull In (ilitain liiili'li ll'ii.slwnitliv eviilelii'i' nf lliis witliniil ciiiisiili. llllll,. ,x iinwii ami a|i|i|i'eiii|.'il, il is ell. I. liiiwevei'. In' aiiiliii I'll. Tims, Captain Sliaimnii ilescriln'il the iiinile nl' liiiiiiiii.j .se^Is in il'l"y"l liv Illl' ImliaiLs ni' Vai Islallil, ami relers in ill "t l''i wlieri' Ills, tl I pi I •Ills liv Mil' III, Ii, III: ^ a.s ciirU as (lir Inl Ma icy ilppi'lir- , mill 1)1 iri' loi- luiii till Jniy pr .\miii*i iiitliey nrc mosi pjeii'iinl in \nril ^n^ riiii/ //ipAv tiro mniilfii III ■ In Uhhk tfffufe 'learh/ att llirir time to urithvj v'lcn lltr ,-■ ,;/Afi' trltl f/erittH. 'I2S] •\ A I ^>. ..>^J#, ^.'^ ▼■ „a. IMAGE EVALUATION TEST TARGET (MT-3) ^ '^.r 1.0 I.! ■^1^ 12.5 20 lU 1.8 1-25 IIIIII.4 lilll.6 V] <^ /i c*: 7 <^i y /^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14S80 (716) 872-4503 % is I 452 111 1843 t(i lSli4 only a lew dozi ii skins iiic known to lm\i' lioi'n liikcn annniillv, Imt in ISfiO fully '(,000 wen- r.liijiiiuMl. Mr. All.n, wiitiny in ISHO, Miiti's llnit- " l>urjnK t)i<' wtitl'T iiiiiiitliH cim'iiilorutili- iiiiiiilMr'i of m'U»kiii« un- tiikrii bj llie iintivc^ •>!' llrilio)) Culunibi'-, Rriiii'- yi-ar^ :ii minf !• 2,0110.' (Allin, o;, <•./,. pp. 3:i'i. :l liini' Ik'imi siicrinnslv .iclviiiii-i ns 11 Hnllii'icnl irason I'm- cxliaiiiilinarv di'iiarliiri's rpiiii llic rrs|iiM'l ii<\iall\ ]i«iil to piivati' ]irii|HTty ami t< wlieii al Iari;e and s]irea(l (ivei the (locaii.ai till ■y ai( iiiild'iU'tK alile ill'.; llie ^Tealei ](ait ni eiiit( year, is unfair ill its Ki.eiiil imi, iilisiailid ill )irilici|ilc I ellfdlcellK'lll. Itefeiiiiii; t(i llie interests 111' the Indians ((f the iKiilli-West ena.-l. il i^ Irne lliat a eerlain iiianli'i ((f -Ments iiKW nil tlie I'rilivldv Islands lii'.IS i n all. aii(( irdilin til Kllioll) aie del" ndclit en tile .-(mIiii;; liusiness lor siili^isteiiee. lull tliese islands were uninlialiited wlieii iiisi(i\cre(| liv the liiis-iiiiis. «i] 111 Liht, tin ]ieii]il(> here for their ((wn (•onveiiieiR'e. Kiiil ler south iiloK kl; the .-I the natives ef tic Aloutiaii Islands, of the soiitli-eiC't coast of .\laska, mid of ihe entire mast ol Ihitish ('((liinihia In Ix^eii, and ^till are, aeeiist((nied aiir.nallv to kill eonsideialih." nnnilier-. of This il woiili! l"' uiiji III intcifere with, .) 'I'lic )iositiiin is such that iil the ]iie~cnl tiiiie the perpetuation or the e\lerminati((n of the l'iir- should he eiilii(dy piohihiteil Ituih Kllioll and liryanl show noml rca.soii for helievin^' that a l.rn.- niimlier of seals may he killed annually willmnt reiliicini; llie averaj;e a;;.ure^'ate liumU'r wlii.h i 'ii tiiid suilahle hreediii;.'-;,'roiiii(ls on thes(Mslaiids, and after the very f;reat reduction in niiiiiln'i'S wliii ((ccurred, owini,' to iin iiKdenieiit season ahout IH:;!! (Kllioll). or \^\- nh-yant), the seals increaseil vi-r- rapidly aj;aiii, and in a few years heiie.' nearly as numerous as in 1^*7.!, when the total niinil»!r "O iL' i'jUiiids was estimated at over -I.TOll.tlOii, I'.y retainiii;,' an ellicient eontnil of the nuinher of seals to he killed on the I'lihylov Islalids. rdW hy lixiiiu this niiiiiher anew each siiason in nee((rdaiic( will I eireiinislanc( •s. the rilited .'^talc (loveinuicnt will he in u jiosition t(( ( (Hiiileiiiet the elfeet of other eausca tendJiH to diiiiiiii^li d'"' niiiiilicr of seals, whelher c limalic or resullin;; fi((iii the kiiliiej of a larger niimher at sea. There i< m ■lid that the iinmher of seals which mi^:lit thus he safelv killed on the islands wml''. iiiili' ■■ ""' if I he -tMl'. reason to appnda iind T any ciii nmslalices, lie so small as lo fail |(( eo the I daiids ver the c If such a |( licv a.s this. 1 St ((f the adiiiinistralioii and |iriil< lis, liased on the ciiniiiioii interests in the iireservalion wele adopied, il luijihl he re.isonahle to n^jree ffor the purpose (d SiU'evJUardilij; the islands ali'i I"' police purposes) ilmi ih(. juii.sdicfinii of the I'liileil States in tlii.H niatlei should 1k' adinilled tuextiiii Hi some ;;realer dislanic than this usual one of '■'• lu.irine miles, thniieh. as shown fnrllicr "ii. ' ■" neeessary distance would not he ;;reat. The situation of thi> I'lihylov Islands and the hahits uf the seal to^ellier cause the piohlmi d i!* preservation to he (uar of extreme simplicilv if approached iroiii the poini of view of prolccti'iii "" ■'" ahont the islands, hut one of \erv ■.'real dillicultv if hdked at Iron iiV oilier slandpoiiil he l"ii; ililiuned and presiinialily acciinite ohservations whiih have lieeli luailc mi the haliits of til id* di"» that diirili',' the entire lireediiie season they are verv clnscdy eonliiied to the iniluediale shmes ef 'li' hreediiiu islands, and that neither in arri rriviin; nor in de| lepailino from these islands do tliev fnriii » ■h-U iip)iear lo'jelher in sin h niimhers as to render pioinisciioiis slaie^hler at sea possihie. The eld '" .letiiallv remain on shore diiriii^i the entire 1 yoiiiiu' from lime to time for the water ari' de.scrihed iii'edili'' SI iisoii, while the h-malis, Ihoiioh leaving lliin just l(ey((iid Ihe line of surf. Kveii the hi iinlino the imniediale vicinilv of ihi' he A\"V- ((r .seals ('Kllioll, "/(. (//., pp. !."(, (14. >'l'i 'II till' y>''ir iif llii'ii 1'iitl uuliiiilv ill tlii'ir lliinl vimi Alliii, .■/«. m' . |i. l"'.'.) I'l iiul I'. mil lill .illi'i ru.i i.Jii; III' i; ii i-i-vliiin iiiiiiilir; III till' MMlur; Jussiaiis. «ii" II' iiativisi'f ill- I Ciiliiinliia li:n> wmilil ll" niijii.- rl. Till' Illlliil'I ilvaiici'ini'iit .iml illiisimi mill l' . ill till' Siiiili'iiii I 111' n'liliin viri ilL'illll IslulliU. ll;'- ill ilii' ciiiirH' (if 1 ■i now iinicliculh iscumis si'iiliii^' / llCl'll ]llfltl'llCli 1< (> Slllltll tll-lllV . liiieiitiy imlnilliiii; at si'ii (in inatli-l ,-, ami iIk; minil«r I'll Willi till' totiil 'iniily I'liii iletii!''.' limi (if till' fiir-«i'il II' rr','lllali"!is :ii'' ll iii.w lliat this i< (if iitlicr iHiiiitii'v :-ilaii(U ali'i '"' ailniillc'l liii'M'"' IIWII fUItll'l "11 '' 111,' )ii of ^iiiiill •mkIn ,i|.|..iii iilly 1 and ■_' »cais old/' aii' iiirl «illi ill liifj:" ill IJi'liliiiy's Sea diiiinv, 'liih mid Aii'^'ii-' no Mii-idi'ialili- nilliilM'i'', of m'IhhiIs arc to In- loiinil. I.MIi'ii. I'/i. ill., y. II I.) ll is tliiH aii|>aicnl lliat tlii' |H'rfi'i'l si'ciirily of llir scids ailiiiilly rii'^a'.'i'd in lircidiii'^ and sm kliiij; '.h.ir \"iiii(,' III IV Ik' sci'iiK'd williiiiil I'xii'iiiliii',' llii' liiiiils of jinili'il 'ini licMnid llic usual ili.stiiiii i: nt :; mill- fioni till' ^lioii's of 111!' Iiii'cdiii;,' islands. Inn |lial fm llic )iiir|ios,' of imica-iiio llii- I n ililifs •>•' .ii|«i\i-ioii a xinii'wiiiit widii- liiiiil iiii'.'lil iiaMiiuiI'ly Ik' uiiiirdi'd. I'ossilily l.\ di lining an .iHi.i iMiliisi'd liy lilii's .joiniiij.' |ioiiils :! inilos oil lln' i'Miciih' licadlands and inlets of llie I'liliyln- '.'loiip, lui ,;'ii|i|e ,iiul iinolijeelioiialil" area of |irot('i'lioii iiii;,'lil I slalilislii-d. ll is allowed liy all naliinilists that iIil' lialiits ol tlie fiii'seals of tlie Soiilliem II, iiiisjilii i< !ir>.- jj.lllii.ll «itll lllose of till' si'iil of the Niirlll I'aeilie, all'! it Is iherel'ore adlllis-ille I'l '|Uoto lii« . lis. lA.iiioii^ of I)aiii|iiei' on .Inaii Keinandez Island in fiiitlier ((intiriiiatioii of llie fail that IIk.'su ,iiii!ii;ds eo only for a very short disianee from land diiiin"; the liicedin^' season, e\i ii ■Aheii in iiiinictim; iiiultilndes Mil till- shor,'. |lani|ii,'r writes: — ' llrrr art' alnajr* llinu*aiMl-, I iiiiglit my |Ht«!tilily milliiilii iif lliiiii, dtlicr HJI'ini; nn tin- l>>iys iir b'inilli' ill tli, s«l t.iiinil ihr i'lmii'v, wliirh it isiTrn willi thrni (m- llicy lie At tlir lop of lln- w^lrr ] Inyiii^ ixiil MMiiiiiii; t^i'iiifUr") f'tr ti mile "r tiro fliitt Ihr tkarr." i" A Nrw Vi.jii?^ Iluiiuil Hie tt'orlil." Ijll.l; i|ii.iIol liy .Mk'ii, op. cil., p. :',M.) Tlii'se I'liokcrii's liavc, liko otlicrs in tliti sontli, luen lono slncn di'iileled and iiliaiidoned. Tlie 1 ill iinislann' thai the fi'liiiile fiir-sral In roiiies |iii'^nant. within ii f \v day- ailir tin' hirtli uf asyoini^'. and that the period of ;^es|i,tioii is iieiny twelve iiionths, «illi the fact that the skins ito at, •ill times tit fur niarkel (llioiiu'h for a few weeks, evteiidiii^ fiinii the niiildle of Aii','ii--t In the elul rf S,'|iteiiilM'r ihirino the |iroL'i('-s of the sheililin^' and renewal of tliu loii;.'ei hair, lliev .iic of less viilue) ■ Imw that there is no naliiial liasis f a i lose .sea-on ;,'enerally a|i|ilii alih'. Thii-, -honid any 'lose -I'liseii Ik- ailvocali'd, its leii','lli ami the me of yeiirdiiriii;,' wliiili it sImII oieiir eiiii only he ileterniiinjd .i-a iiialtei of eonvenieni (• .111(1 lie of the iialiiii' of a eoiii]iioiiiise hetween the various interests involvi'il. The |iela'.'ii- haliits of the seals diiriin,' fully six nioiitlis of e.nli year, and the fait that lliey are during ;lii' entile winter si'uson wi.h'ly ilis|M'rsi'd over the I'aeilii , idnslitnlc a natural and iinaMiidalile eloW! scasmi It is thus only |Kissilile, from a I'.iliiliieii ial poiiit of view, lo kill the seals iliiriii;^ the i«;rio(l if their a|ipid\imate I'oneentiatioli for niii.'iatiiiii or when in llelirino's Sen. This i- th,' period tixi.-il liv .V.iluie diirino which ^cals may he taken, and any altiliclal close season inn he ell'ecliv,' only if :i|i|iliei| to the fnriher cnitailnieiit of the lime at which it is possjlile to carry on the fishery It may 111' .1— Hilled, ihereforc, a.s siicli a ,|ose season f,ir seal-hiintino iit .sea iiinst li,' |iiii('ly arhitiiiiy anil iriilii i.il, that any close si-asoii proposed liy the I'nitcd States or Jie les.'iccs of the .S al Islands will In! .'liiisiii entirely in the inteiesi of sealing' on shore, and so ariiiii;,'e(l as to render the time of soalinj; on ;lie ii|rt'ii -ea a.s short and iinprulilalilc as jiossililc. ll is thus iiiipurlaiil that the sci-ooin^ sailers -liiiiilil at leas; hnve all eipial vuiic in the mailer of the limi. and diiralinll of a i lo-e period if sn,.Ii -li'iaM I onteniplateil (Signed) (iK.i tl,'(;K M. UAWSoN l/»,,/, .•.. IS!)ll. No. 322. Sir J. Piiiiiirrfiilr to thf Marquis of Salishuri/.— (Rec-iicd April 2G.) (Teli'iriapliic.) Wnshinijlun, April 2G, 180O. I II.WK received (lie uincniliiieiits propo.soil by liio Camulian fJovernnicnt in my nc» ilriift Convention referred to in nij despatch of (he lltli instant. I propose to siilimit the driit't ("oiivention to the Conference on Tuesday, with tlic ninerMlmcnts, unless your Lordship instriict.s mo other" ise. No. 32a. Sir ./. Piinncrfnte lo thf Marquis of h'alisbiiri/. — (Hrreirrd April .'10.) (Telenjr.ipliic.) Wnshinijinn, April '.W, I8'J0. I HAVf'] .sent tlic draft (\)nvcntion to \[r, U' liiu', »itli a leller supportino' our 'diiiitcr-proposul. I sent your l<(.rdsliip copies by post yesterday. i3l No. 324. Sir J. Padiirrfutr lo llir Afart/mx of Sa1islmrti.~^(Rrreii'e)l Mtvi'6.) • My Lord, WnsliiiKilnii, April 25. ]<(tft. I\ obiMlieiii'i' to your Lor.lship's inslruclioiis conveyoil lo :;ie in voiir telusraui of till- 1 "ilh Mairli. 1 iiave tlio lioiioiir to inform you tiuif I (■oinniunii-utcil «'o|)io> of my dt'.s)m(ciu's of tlic 7th iind lltli Fi'brimiy. ri'S]K>ctins' tlic asschsnieiit of danmyi'H )oi soiziiri" in lii'lirinu's Sen, to Mr. Tii])i)t>r. in order tlint he mi^lit coTisnil his colleuii^iis. on till' sui)jocl dnrinj;' liis visit to Ottawa. r liavo now llic lioiionr to inch)se a ropy of tlir It'ttor in wliich lio informs uk' iil tile views of tiie Dominion Government as to tlie procedure to he foiloucMl. From tliis letter it appears tinit the Canadian (iovernmeni, desire liiat I slioui'.l endeavour to assess the amount of (hni;a;;es with Mr. lilainc, hut tlial tiiey uould pret'iM il niodifieation of the procedure sui;,i;esled on tlie jtroposed reference to arhiliatiou. 1 have the honour to re(piest liiat I may he ini'ormed whether \nuv I,()ri!slii|i approvesof (he modificatinn in .\lr. hiaine's proposal suu'y:estod l)y the I'aundian (Jovcrii- nient, and, if so. wiiether I am authorized to accept that jiropo-al as so moditieil on helialt of Her Maji'sty's (Jovernment. I have, Ikv. (Si-ued) .lULI.VN I'AUNCHFOTi;. [nclosuro in No, :'il!t. Mr. Tiiii/icr to Sir J. PniincrfnU; Dear Sir .lulian i'auneefocc, . • • HV/.v/(//i;//(hi. ^//h //lit. 181)0. IM'yFI'jl' l!l.\(! to tlie copies of your des|)atehcs of tiic Tlh and lllh Fehniaii, addresseil to L:>rd Salishnry, and which you luuidod to me. 1 have now to iiifovui voii that during my visi; to (.)tt&«a I discoswcd with my colloaifms llio Huhiect to w'licli the^' refer. Tn the despatch of the 7th I'Vhrnary ymi say Mr. lilnine was wiilin;; " tc cxniiiinc and assess the damafics with me on the s«nie principle ns if the liahilit^' of his (Jovcm- nient were admitted, then to refer the (piestion of liaiiility to some eminent jurisci'ii'^iill for decision on written statements and answers sulimiited hy (he two < ;(>vcniiiu'ii(> respectively." It will he af;ri'eahle to (he ( auadiau (Jovi'innient (hat y; out .ill the fads connected with the action of the Kevenue cutters of the I'riited Stales coiicerninu Canadian sealinu-\essels, then crcws, car;,'(ics, |iaj)ers, &c., in Hehrini^'s Sea, and the question propounded ujion such a statement should he wlatliei the eonduct of the United StateN in the )HTmis<.«H ■»Tmi insiifiaiile iimiur the jivinciplcs ol international or natural Inw. The (piestion "on written staU^nieutM and »n»wfirs Kuhmittud liy the (lovcrinneiit- respectiveiv " should he suhiiiidcti in luo emii:cnt .iudiics, one to he. >«iy, the (.'liifl .Tustice of the rnited States, the olhcr iiii eminent mi'in.hcr ol the lvi^li>-li .ludiciary, (" he named hy the Hrilisli (Government. Vom ■, iScc. (Si;;.ned) (11. II. TIII>l'i:i:. No. ,125. Juiriii/i> O/firr to Coloiiiiil Of/irr. Sir, ' 'rh'orrii/ii ()//irr. Mill/ :,, \^'M^- Wrril reference to yimr letter of the 14th Maicli la-t, I am directed li.v ll"' MaKpiis iy'' Minister at Washinjiton,* inclosing;- a copy of a letter addresseil to him hy .Mr. 'I'liiipi'' e.xjdainin!;' the views of the Dominion (lovcrnment as to the procedure to he follo^u'il m • No. 324. informs mc oi 155 tlic pi-oposoil assessmont of diiinajrcs cliiimed on Ijelmlf of the owners of the British vessels «eizc'ii ill ik'iiiins's S^eft. I iim tn ie(|uest that, in lii>iii;>- tliis letter hefore Secretary Jjord Knutsford, voit will iiKivo liini to furnish Ijord Salisiiiiry with any observnlioiis he may have to oiler in regard to the nioiiiticatioiis in .Mr. I'iiiiiic's ])ro|»os!il su^'gestcd hy the Canadian Government. I am, &i'. (Signed) P. CUllRIB.. No. ■',2r,. Sir J. I'dtimTjiilc to llie Maiyuin t.f Stilislnirii. — {Itccfirid Mai/ 8.) Mv l>onl. Wunhinytnn, April 2i), ls!)0. AVrril reference to ni.\ despatch of tlie 11th instant, I have the hononr to inclo.so copy r)f a letter which I hiive this day addressed to Mr. jilaine. inelosin;,' the draft ol a Convention which 1 have jircpared for the settlement of the I'ehring's Sea Fisheries ([iicstion. and which has the approval of the Canadian (Jovernment. I iiave, &e. (Signed) JULIAN P.\UNCEFO'IE. : Inelosure I in No. -I:?'!. >'//■ ./. Piiuncffotf to Mr. Illnine. K.iir.Mr. lihiine, Wii.-liinij/nii. A/irH 2'.), lHi)(>. .\'l' the last sittinu of I lie Conference on the Hehriiifj's Sea fisheries (|iiesti<)n you ■■\piiSM(| (Idiilits, aftei' iiiidin:;' the .Menioranduin of the Canadian .Miniver of Marine iiiid I'i'-hcrics, which hy your eourtc-iv has since lieen jirinted, \. hcther ;:ny arrnuj;enicnt lOiiM lie iirrivcd at that would h(> satislactiiry to Canada. Voii (ihserved that the proposal ot the I'uited States had m)w been two years before llor .Majesty's rjovernuient. that there was nothing further to urfje in -^sipport of it, and urn iiiviled me to nuike a counter-proposal on yom' behalf. 'I'o that task I have mo.st I'ariu'.-lly ajiplied myself, and while fully sensible of its <|;real ditiieully, owinj;' to the ronllid ol' opinion and of testimony wliich has nianifesti'd itself in the course of (uir ^^ 'lis('iis>inns. I (!(i nol de-pair of airiviui;' at a solution which will be satisfactory to all the endeavour to ^g HnvcrnuK iits concerned. It has Ijeeii admitted from the eommen' emciil that the sole "lijoct of tlu> neuoliation is the preservation el the fur-seal species for the benclit of 'iiMiikiiiil. and that no considerations of ailvantaf;'e to any particular naljoii or of benelit 10 any private interi^st should ent- the basis of net^olialion, it would be stranae, indeed, if we should fail to devise the means of solving the dillicultics wliich have unfortuinitely arisen. 1 will lirocceil to explain by wh^it method this residt can, in my jud^uient, be attsiincd. Tiie :'roat (liveritence of views which exists as to whether any restrictions on pelat;ii' sealing arc necessary for the preservation of the fur-seal s|)ccies, ami, if so, as to the character and cMful of such restrict ions, rcmler it impossible, in my opinion, to arrive at any -olutioii which would satisfy |iublic opinion either in Canada or (inal ISriiain, or in any '■ouiitiy whieli may be invited to accede to the propo.-.ed arraiijicnu'lit. without a fall iii(|uiiy In a Ali.xed Commission of I'iXperts. the result ol' whose laboins and iincstigatious 111 till' reuion of the seal lisbery would probably dispose of all the jioints in dispute. As reifards the immediate necessities of the ease, 1 am prepared to recommend to iii.\ (Joverument, for their appro\a! and acceptance, certain measures of ])recanlion which iiii;iht be adopted provisionally and without preimliee to the ultimale decision on the IKiintsto be investij^ated by the Commission. 'I'liese measures, which I will explain later on. "iiiilil eli'eetually remove all re:isouable ap])rcliensiou of any depletimi of the fur-sea! iwcics. at all events ))cndin;i- the Report of the Connnission. It is iin|iortant in this relation to note that while it lias been contended on the part ot tiic liiited States' (ioverniiient that the (bpletion of the fur-seal species has already 'oiiiiiu'iiced, and even that the extermination of the species is threatened within a '"«isinal)lc space of time, the latest Ueports of the United States' Af;ent, Mr. 'riuj;le, ■"'c siicli as to dissipate all aneh alarms. ■Mr. 'I'iiifrle, in 18S'/, reported that the vast number of seals was on the itiercase, "iJ that the conilition of nil the rookeries could not be better. V,(\ In his lal.T Ikcport, diitcil (In; .')l.st ■Iiilv, \fiHS, lie wrotf as follows: — " I nm lmpi>vto lie iililo t" iTport that, althniigli Inti- landiii;;, the hrcediii;; roukcrici are filli'd out to the lines oi' nieastire'nent heretofore made, and some of tiieni iniicli l)e,voiid tliose lines, shoHin;; com hisively that seal life is not heinir (iepleted, hut is iullv nji to the estimate ^ivcii in my Heport of 1H87." Mr. I^iliot, who is )'re(iiientl_v appealed to as a ;,-reat anthority on the sidijeei, Hiiirms that sneii is the natural increase of the fur-seal speeieN that tliesf animaU, vert- they not jiri'veil upon l>y killer whales {Orca ijladinlni), sharks, i. id otiier siil)uiarine fue*, would multiply to stieh an ('\tent tluit '• l!ehrin>;'s Sea itstdf ciinld not eoiit.iin them." The iJDijouraMe Mr. Tuiiper has sluiwn in his Memoran(him that tiie destruclion dt' lals caused hy pelagic sealini; is insi;;nilicanl in (•()mi)arisoii with that caused hy their »t natural enemn's ; ind h ifives li"ures e\liil)i tin"- ll ic niarvelliuis inere.ise of se.ils in Hpite of the depreihiti(ii> com]il. lined of. .\;;aiM, the destnielivi' nature of the modes cit' killing' seals liy spears and lire-arms has apparently hcen y:ri'at]y exny^craled. as luay Lc seen from the allidavits of jiraetieal seal-hunters which I anne\ to this letter.* ioirellior with a eonlirmatory extract iV(un a i):i])i'r U]ion tlie " i'"iir Seal i'isheries of the Pacific Coast and .Alaska," jireimreil and puhlished in San Kram'isco. and desijrned fui- tlic informatiiiM of Mastern I'niled Stales' Senators and Conffressmeu. The Canadian (Jovernnient estimate ihe percentai;e of seals so wonmleil or ;ind not recovered at (i per cent. ivilK' In view of the fads aliove slated, it is impvohahle that pendin;f the result or' the incjuiry which I have suirije^Tt'd any appreciahlo diminution id' the fur-seal species shnulil take placCj e\cMi if the existing' conditions of ))ela;;ii' soalinj; were to remain unchanged. lint in order to (piict all :i|ipr(diension on tliat score I would propose the follnwini,' provisional Itejjulations : 1. 'l'h:il ])elajiic sealing; should he prohihitcd in the l!ehrinj{'s Sen. Ihe Sea of Oehotsk, and the adjoining- waters, during- the nn)nths of .May and .lane, and the nioatlis of Octoher. Novendjer, and Decemher, which may he termed the '•mij;rntion jierioils' of the fur-seal. 2. That all senlinn-vessels should he |M'ohihited from approachini;' the hreodiiig islands with radius of 10 miles These liCLiulations would put a slop to the two practices complained of as tend to exterminate the species; (1) th in;.' le shiujrhter ii\' female seals with voiinij diirin( the I'niled Slates' (iovernment, ns^erls that the t'emalc seals (called '• cows") f?" <>"•• from the hreeding islands every day for food. The followitiy: i> an e.xtrai't from his evidenee. Tl le cows " o 10 and l."i miles, and even further — I dc )t 1. th^ o not know tlie averasic n it — and they are iroiie,;- anil eoiiiini; a! tl 10 moniini; anil eveiim Tl I'a is hlack willi them round aiioiit the islands. If liiero httl e los. III d Ihev i;et out half-a-inile ■aiiiiol see a ve-ssel lO'i vards even. Thi; \essels llleln^elves lav aiouiiii tlir shore, wt islaiuK ti cows occurs when Ihev •'o ashore lere \\u:v e ; lie\ pick up irood iiiimv seal, and I here is where t iilliii'' of w e.'ther the female seal ■') any di-^lan.i' from liie ishiuds in (|ne.'>t of I'nod, iiml, if so, to what dislanee. are ipiestions in dispute, liut. petidin;; llieir solution. llie liemilation wiiit'h 1 pro)ios,; ajiiiiiist the approach of sealin,i;-v<'ssels within 10 miles of the islands tor the iirevention of surrei>lilion.-, laiuliiif;- praclieally meets .Mr Taylor's complaint, be it well founded or not, to the I'ldlesl extent; f(tr. owinu; to the prevalenei' of foijs, the risk of capture within a radiii. of io miles will keep vessels oil' at a iiiiicli '.freater distance. 'I'liis Keg-ulation, if accepted hy IUt .Majesty's (ioM'rnmenl, would ccitftinlv manifest a friendly desirt' mi their ]iart to eo-oiierate with your (Joveinmeiit and lliat ol Russia r a ill the protection of ih.eir rookeries, and in the prevenlioii of any violation iif till laws applicai tl lereto. I have the honour to inelosi' the draft of a Preliminary ('onveiilion wliicli 1 liii"' prepared, jirovidinj;' lor the appointment of n Mixed Commission, who are to report on certain specitied cpiestions within two years. The draft embodies the temporary Hegulations above deaerihed, together will: oilur clauses which appear to me necessary to give proper edect to them. .Uthoiigh [ helieve that it would he siilficient during the " migration periods '' li' ' 8i'(' Ajiprndii I in ('olonml Office littir of NoYCmber 3U, 1889, pp. 35i)-3S7. 457 yrcwni iill sciilin;;- Avitliiu a siiocideil (lisl.iiici' Irom llio |i;iisl> of llic Aleiitiiiii IsIiiikIm, i hiiM'. IIil- uislics iil' iIr- lli;i-si;iii .Minister, ii(1ii|iIim1 llii' lisiipry liiif di-sc rila'il in Arliclo \', and wliicli vmis suu;;;fstiMl l>v vdii :il tin; niit^rt III' iri' to ti'rminale tin- eontrover-y in a manner hniioniahio to all parties, iiiiil Horlhv of the three i^reat nations concerned. I have, Ikr. (Si;,'nudj JILI.W l•Al:^'(■l•:I•()TK. liiclosure '2 in .No. ;>:.'il. Til!: .N'liUTii A.MKiacw Skai. I'ishkuv ('oxvintiun. /)>/','> ('iiiireiiliiin hi-hrfni (iifiit lliiliiin, liiisslii, tiinl tlir I'liUrd SlatP'i of Amtrlfii, in ii'ltdioii lo llii- luir-siii! h'i.tliriii in Ihf Ihhiimi's Sea, l/m S>-ii of Ocliolsk, ami the nil'idiuimi Wiilcri' Tlil'j GoverniiicnlM of Kussia ami of the I'nited Stales havinj; represented to the Preamble. ^^ (linirnment of fireat Ikitaii. the ui;;eney of rejftdalini;, hy inean^ of an Intermilional the hrcediii!; ^H ;\i;ri('iiient, the fnr-seal fishery iii l!ehriP!,'"s Sea, the Sea of ( )chot-k. and the adjoinini;; ":iti'is. I'or the preservation (d' the fnr-seal sjiecies in the \orth Pacific O'caii, and liillirenees of op;idoii haNiii-;' arisen as to tin' necessity for the proposed Ai;reement, in I'liihiMinence whereof the three (iovernments have resolved to institute a full iiupiiry into till' suiijecf, and peiidini; the result of such inijuiry, lo adopt temporary mea.sures for the ristriction of ihe killing of seals dnrinj; the lireedins season witlu/Ut ])rojudice to the ultimate decision of the ipicstions in dilVerence in relation to the said (isliery ; The said three Governments have appointed as their respective I'lenipotentiaries, III nit : Who, after having; txchanged their full powers, w-hich wore found to he in good and ilur form, have nj^recd upon the followin<;' Articles: — AirncLK I. Kxperta to Im appointed. The Ilij;h Contraetin^ I'arties n{|;ree to appoint a .Mixed Coininission ot Exports, Mixed Cote- «liii-liail in<|uire fully into the snhject.and report to the Hi;,'h t'ontractinir I'arties within misiion of t«"\c>iirs from tlu! date of this Convention tlu' result ol their investip^ations, toi;i.'ther "illi tlicir opinions ami recommendations on the follow ini; (pieslions: — 1. Whether Kejjnlations properly enforced njion the hreedinj; islands (Kobin Island in the Sea of Ochotsk, and tlie Cmnmander Islands and the I'rihylolf Islands in the Bcliriii^'s Sea) and in the territorial water.s surrounding- those islamis are sutlieient for till' lireservation of the fur-seal species. -. If not. how far from the islands is it necessary that such liegulal'ins should be • iiliirccd ill order to jireserve the species? ;''. In eitln-r of the above cases, what should such Re{iulation« provide? t. If a close sea.son is reepiired on the breeding islands and territorial waters, what nimiliis should it embrace ? •'">. If a close season is necessary citside of the breeding islands a.s well, what e.Merit •jI «ntt'rs and what period or periods should it embrace? [12B] 3 W 468 On receipt a( Re;)ort . Seal fiihcry line* Close time. Preven- tion of marauder*. AUTICLE II. Oil receipt of (lie Uc|)()rt of the Cominissioii, iind of any separate Reports wliich may l)f inaile liy imlividiial L'oiniiUHsioiuTH, the Hitjh Coiitractiiii; I'arlies will pmcocd t'ortii»ilii to (U'leriiiiiie wiiat lii'Ortiatioiial Re^uialions, if any, ai'e necessary lor Iho purpose iil'ores..i(l, and any Ue<>'iilatioiis so a;;ree(l upon sliall he eniiiodieJ in a t'luliier Convention, to uhicii the aeeession of the otiicr I'owers sliall he invited. AirricriK iii. in case the Fliuli Contrnctinij; I'aities should he uiiahle to agree upon the Rosiila- tions to he adopteil, the (picstions in ditlerence shall he relerred to the arhitration of an inipiirtial (Jovcrirnent, who shall duly consider the Reports herciidiefore incntinmil, and whosf award shall he fiiiul, and shall deteriniiie the '!oiidilions of the further Convention. AirncLi': iv. I'cndinjr the Repoit of the Conunission, itiid for si\ months after the date of such Report, the llii;!) Contractinit Parties ivj;wf to adopt and put in forei' as a teniporiirv ineasiiie, and witliout prejmlice to the iiltiiiiale decision of any of the (|uesti()ns in ditl'erence in relation to the said lisliery, the Rcj,'iilalions contained in the next folloHinj; Articles Xos. \' to X inclusive, ARTICIil-: V. A line of demarcation, to he called the •• seal fishery line," shall lie drawn as follows : — I'Voni Ptiint Aiiiviil nt the southern extremity of the Island of Saj^halieii in the Sea of (Jcliol'-k, to the point of inier>ection of the .jnth parullel of nurth latitude with the KiOtli meridian of hi]ii;iliide east fioni (ireenwicli, thence eastward alonjj the Miiil 5(Jth parallel to its point of intersection with Ihc liiotli nieridiai' of Imi^itiide west from Greenwich. ARTICLE VI. The suliiects and citizens of tlie Hi,!;;h rontractiny- Parties shall he prohihited from ensagiiiij; in the fur-seal lishery and the takini; of seals liy land or >-ea imrtli of the seal fishery line from the 1st May to llie ^Otli June, ami also from the 1st Octohcr to the 30th becemher, AUTICLE VII. Diiriiiir tin" inlerveninii: ])eriod, in order more etfeclively to ]resc!;t the surreptitious landiiii;' of marniidiTs on the said hrerdini; islands, vo-.sels en iij^ed in the fin'-seal fishery, and heloiiL;ini,' to the suhjeets and cilizciis of the lli^h (.'on'ractinif Parties, shall be pi'diihiU'd frnm apiiroachinjj; the said islands within a radius of R' miles, ARTICLE VIII. The llijrh Coiitractinj; Parties may, jiendinn- the Report of thir Conunission, and im its recommendalioii or otherwise, iii.-ike such Inrthrr temporary l{ei;nhitions as niiiy be them expedient for hetler ciirrvinu' out the jirovisions of this (,'onvention ami Fill tiler provi!. IneloMurc "J in No. .'i.'lJ I ])e drawn as Ellrarl from n Pimijihlcl nillllcl " Vin-smi Fishrrirs ol llir I'ai ifir Cniisl nml .Miixhn." I'M-shfd l,,i ('. I). 1.(1(1(1. IT is cininied that many seals are shot that sink and are bist, l.'ndoubtedly tliere are some lost in liiis »av. lint Ibe ])('rcenlauc i> 'iulil. ])r<)li:ilily one in Ihirly or forty, not niiire tii.iii this. Il is alse I'laiiiiiMJ lb:it Ion are sbnt ami wcmiidi tl lliat die to one Ibal is si'iMiied. This is also an error. .Many seals are shot ai tlial are not liil al all. but wben a >r.d is wounded, so that in the end it will die, ii is most always secured by the hunter, hIii) may have to shoot at it several times in order to j^et it, as tbe seal in the water e\|Hi>('s oidy its head, and when friLibleiu'd exposes only a small )iorlion of that, so that, tniiothcr witli tbe cons'aiit divine; of the seal, the motion of tbe boal, ite.. makes it very lianl to hit. This is >vbere il is ehiimeil tbal ien are shot and wouiuied to one that is !-('(iirid. but it is nearer liie truth tint one is lost to ten that are secured, for tbe reason tliit whrn a seal is wounded it eaiinot remain under waltr ai.y leU;;tb of time, and tlicretorr tbe bu'.iler can easily follow il up ami secure it. No. '527. Coloiildl Oj/ice lo I'uriifjn Oj/lcc. — (/.'«•(• /((■(/ Mtii/ S.) Sir, DuiiniiKj ! of the I'L'ml .raiiuary, M'tting; lorlli (lie Ljroiiiiils iipnn wliicli he rcsls the jiistilicnliiMi iil' tlic si-i/.uics. I :nii to olist'ivi', rinllicr, Uml Mr. 'riippor iloi'S not siiv in lii-< K'Ucr "lu'tlicr the niiiiiiiiidii (iiiviTiimriii lire "illiiiu; tlml llic (nu-'tion ot" lliu aiuoiiiit of tlic ''anm::^;, in •lif ivci.t of Mr. I'lliiiiio iiiiil Sir .1. I'liiiiici'l'ulc I'ailiii;; lo iii,'rc'c, slimild Ijc ri'lV'rrcil tn ilie iirliitiMlor-- Id 1)1' .siOlm'Ii'iI In (IctiTMiiiu' till' (jiicslioti of tlu' liiiliility oi' lliu ['\\<\a\ liOiil KiiiiNr«)nl w.iiilil simi;i-.t, I'lir lionl S:ilisl)urv's consiilcratioii. Iliat Sir J. I'atmci'l'ott' slioiilil lie (Ic^iri'd to coninuinicatc u'itli Mr. Tiipin-r as to tlu; iioiiits riiiM'il in llii^ lotlor ln-forc .--iiliiiiillin!; tlio niatli'r to liic I'liiloil Slalcs' (lovcniiiiciit. [ nin, &c. (Sifriu'd) .lOIIN MK.AMSTON. No. a'J8. Tlic .W«(ry(/('.v of l^itUxliiiry III Sir ./, Piiiinci'Jotc. (Ti-l.-rapliicl h'ornyii O/ficr, Mail S, IS'JO. \VII.\T rei'i'ptioii lias .Mr. iilaiiic nivoii to tlie i>roposals einliodiiMl in tlio draft Coiivciilioii for ri'trulatiiiir tlio IVdiriiifif's Sea fur-.sua) fisliurics wliicli was soiit Ininie in your (lrsp,iiri\ of tlic L'Ulli ultimo ? Ilcr M;iicsl v's ( JoverriiiK'iit would l)n u'lad to lie ki'pl iiit'oriucd liy tidoi;raph id' any nihaiK'c ill tlu; ncifoi.iaiions. No :'.-''//• J. Pniinrifii'r In thr Miir(ju!s of isiili.shiirii. —[Recnred May 8.) (Tcdf-rapliii'.') M'asliinylon, May 8, 18%. YOi'R Ijonl-.!dp"s ttdcKrani ol to-day's dale rcccivt-d. 1 will tido^raidi without fail as soon as [ rcccivo any communication from Mr. Ulaiiic as to his vimv.s on the draft ( 'oiivcntiiui. .Miliou^h ar i'riciidly as ever in inaiiiicr, li'j ha.s hitherto maintained iibsoliilc silence on till' suhji'cf. Would your I.,ordshi|) authorize me to inform liiiii tiiat you approve the draft, and hope (hat it will lie aecei)te(l l)y the United States' Government? Tlie desired infornuitiou may thus he elicited. No. 330. The Miirijiiis of' Sulixhui-y lu Hir J. Puuncofote. (Tele^riai)liic.) Forolyn Office, May i), IS'JO. I IF.WE received your tele-fram of to-day, and, in reply, I Lave to inform you that you are authorized, if you think it advi.sahle, to inform Mr. RIainc that Her Majesty '.s (iovernineiit approve the terms of tlie draft Convention submitted to liim hy you for the regulation of the Bohring's Sea fur-seal fisheries. No. 3!31. The Marquis of Salisbury to Sir J. Pauncefote, — {Subntancc lehijvaphed.) Sir, Foreiijn Office, Mai/ 9, 1890. [ LOST no time in communicating to the Secretary of State for the Colonies copies of your despatch of the 2iith ultimo, and its inclosure, relative to the assessment of compensation ft)r the seizures by United States* ves.sels of liritish scalers in Behring's Sea ; and I now transmit, for your information and guidance, a copy of a letter coiitainins; Lord Knutsford's views on the matter.* • No. 827. ill .\> it is very duNinililo that tlic m!;rotiiUiii<'liiiij; tlic Iiiiiiil Sliilc-,' ( lipvcriiiiiiMil in ic^iiinl to (lirni. I iini, ^«'. (Si^nu'(l) S.\l,|SHri!Y. No. :'.:lL'. Tlifi Munich of ^-nlisliiini l'> •''''/■ ./. Piimivfi.h'. Sii lun-fii/ii ()ffii'\ M„i/ 10, |S',|(», I ll.WI'i leccivi'il your di'spnlcii of tlie •JlUli ultimo, covi'riii;; copy of a iiolc ill uiiicli you sulpiiiiltiiii lo .\lr. niiiint' llic dnift foiivi-iition, wiricli 'las ln'cn iiiipniMMJ \i\ till' (iove'riiiuL-nt of Canada, for tin' st'tlicnifut of tiio i)t'iirini;';i Sou Kislii-rics (^lie-lion, as widl an a copy of tiio draft ('(Uivcntion itself. The Icrnis of your note arc approved hy Her .Majesty's (iovcrnnjeut. I nui, &c. (Sij.ucd) s.\Msiu,'i;v. .\o. :f:!;t. Sir ./. I'diiiinJ'dIi' lu tlir M(ir(jiii.i nj !^illl.shi(li/. — {Hi'ri'lrrd Mnij I I.) (Icli'^napiiic.) Washinrjton. Mmj 11, IMK). WITH reference to my tcli!y;rani of the 8lli instant, Mr. lilainc! lias informed ine llial lie ulll send me a comniuniealiou before itie end of (lie week, in \\liieli lii' will cxpliiiii uliythc I'liitecl Slates' (iovernment arc iiiuilde to accept my draft t'ouveutiou in it- present slia|)C. lie t(dd nn', however, at tlie same time, that he lliou^lit a iiasis of iirriin^eiiient was ollered hy my proposal which he was in hone.s would lead to a scttlc- iiit'iil (if the (|uusliuii. No. ;»;}4. Sir ./. I'liiiiirefoli' to llir Miiniiiis of Sdiisliury. — {Received Mm/ I 1.) 'Teli'trniphic.) Wiishinijion, Miiii 11, IXtd. .\S t'l compensation for damaf;es referred to in your liordshiji's Icii'^ram of the lull iiisianl. I have i)re[iared, after discussion wiih Mr. '{"upper, a draft .Arliitratiou Asree- nu'Mt on the hasis of your Lordship's instructions. Mr. '{'upper will to-morrow take a copy of it to Ottawa for the api)roval of the I'lui.iiliaii (tovernment, and should his furtlier services he rctiuired iieie, will return iniinedialely. .\s soon as I receive the re]ily of the ( 'anadian (Jovernment, { will forward copy to Jiiur hiirdship. I'ropo.sal for arbitrators and umpire will be agreed to hy Mr. IJlaine. No. ;*;3t>. Sir .1. Pminrefote to the ^f(lr of SnUshiirtj. — {Rereived Ma'/ N.) ClVlc-raphic.) IVashlru/tnii, Mm/ 1 1, 1890. M{{. TUPPER did not (eavc for Ottawft as stated in my telegram of tlie 1 1th "I'^innt, Draft Agreement wa.s sent there by post instead of being talien {ly liini. 1K2 No. :«:«(. Tlir Miiniuix of Siilisliurit to Sir J. Pnuncffole. Sir, I HKC'KIVRI) in diu' ooiiino your di-spalcli of llio 'J-Wd .In Fori-iijn Office, May 22, 1h)K(. lliclosllli' cni of Mr. ISIiiinc's iinti' of \\w '.'•Jiiil ol llmt iiicitli. in answer to tin- prolcst niailc (in iifliiiir ol Ik-r Miijosty'H <:(i\('rnnu>iit on llu- I'itli Oclolior last n;;aiuMt (he seizure of Caiiailian vcsx'is i)_\ the I'liitcil Slati's' Hovi'imc-ciittfr " liiinli " if! Ik'liriii;;'> Sia. 'I'lic iiiiiiortiiiK'c of tlic Milijct't iKTOMsilntcd n reffioncf to tlic (JDVL'in'nciil of Canailii, and sonic tinic daiisi'd lii'fori' tlicir rf|)ly rcaclu'd II(T Majt'ity's (ImcrnnuMit. Tlic Mc;;otii>tions wliicli liuvc tal\cii |ila>'c lictMccn Mr. lilaini" and yoiirM-if all'.ird si,rii;r reason to liopc tlmt tiic dilllridiics attcndini; lliis (|ni'stioii arc in a fair «ay towards an Miljnsl'nfnl MJiidi will lie siiti»fiictorv to Itotli (lovcrnincnts. I think it ri;;lif. however, to s of Her Majesty's 'lovcriiinenl on lli phice on record, as hrielly as possilde. the view prii\cipal .•iriTiinieiits liroiiulit forward on hidialf (d' tlie United Slates. .Mr. Blaine's note defends llie acts coniplaiiied tif iiy ller Majesty's (Joveriiiiieiil the followi iiL' uroiinils : 1. 'I'liat 'Ilie ('aiiaciiaii ves-cjs ariesti'd ami detained in the Hehriiiy;'s Sea Hire en^^ayed in a pnr-nit that i> in itself vnntnt liniio^ ninrcs a pursuit which of nei ilv invoU es a seiloii-: ai the United Siatc' pertnaiiciit injnry in tin- riirhts o) tlic (!ovcrnincnl and pi : . That the fisheries had heeii in the nndislurlied possession, and under tlic exelibiti contnd. of Uiissin tVoni their diseoverv until the cession of .Maskii to the riiilcd Siutc in I>< M"t posscs-in:; the Icriiiory n|ion wliicli -eiiU can iiu'rciise llicir nninlicrs hy natural irro«ili HJioiild rcfniin I'niin tl ic lull: ;ht Mr. Idait I lilt her ar^iii's er ot them in the ri;;lits of i;o(Pil m mill ot nood ^ovcrnlnent Ilie world ovi lie that while the IJiiiied States not withhold from any natiii:i priv ihicli they demanded for theinst'ives when Alask.i was p.irt of the h'li'^-ian Empire, ihcv are not illsposed to I'xereise in the ])osscssions aeipiired from less ])»>wcr or aiilhorily than they were willin;;' to cu'ieede to the Imperial lio\ Hnssia "hen its .sovereijinty e.stemled over them. lie claims from friendly im!i"ii< a liii>-ri iiin ivcrnnii'iit of reco;;iiitioii of the same rie-hts and ])rivileL:es on the land in the waters of A'.isk liieli the same friendly nations always eoncedeii to tin- l''ni|iire of Jjiissii;. Willi reeari! to the lirst of these ari'inncMts, iiainelv , that the seizure of the ( '.timiHan vessels ill the iii hrini^'s Sen wns instilled hv the fact thai thev were " en thill is in itself i-< nlrn hr i:a:,'ed 111 a |)ii IMIlt ,v — n ]iiirsnit which of ncee-;sitv involves a serious am: periiianeiil iiij'iry lo the ri;;hts of the IJovcrnmeiil and people ot th' I'liifed .'slalc it is oh\ioiis tliat two (|neslioiis iire involved: lirst, whether the piirsiiil and killniu' ot'lur' seals ill ei'it;:in |iarts of the open sea is, from the point of view of intenialio'.ial nisaee to ( 1.^4:', when, al'tt^r acknowledLiirji' the ri:;lit to detain and search a ve-sel on snspiiiii'i "t ontire-s, I ated 11 ail !■■ elirilirv. 1" racy, lie uoes mi to say With ih nnv aiitluMilv Id detii tl is sin:;le ex(;ejilion, no n; le shi|)s ot am jr inion the hii'li se las, in lime ot ])■• IS. on any jii n'lexi whatever, outside the territorial jnrisdietion Now, the puHiiiit of seals in the open .sea, under wlintc'ver circnnislanees, Ins lU'ilT hitherto been considered as piracy hy any civilized State. Nor, even if the Unili" States had '^ona so far as to make the killinjf of far-seals piracy hy their iluniciiiai • No. •2',i. 469 ovcrimiiMii nil their MunicilKil law, would tbiH hnvc juHtitiod them in ])unis)iing utfcnccH iif^ainHt hucIi Law conimitteJ' bv any piisonH other than their own citi/.cnH oiitHido tiio torritorinl juiisdictiim of the I'nilril Slalc-i. Ill till- oasc of th(> Shivi' Trade, a iiracticc wliirli the civili/A'd wmlil has a;jried til imik iiiHiii with alihorrcnce, the ri;jht of arieKtiii<; the vessels of annlher eoiintrjr is i'X( rri-eil only hy '•pccinl international n;ireenu'iit, and no one (Joverniiient lias heen nlliiiM'iJ tliat ueiierai eotiinii of nimals in liiis re.spect whicli Mr. lilaine ehiiinM on hehulf (it ilic I'liil'il Slates in rcvtaril of seal-liuntini;. Kill lier .Majesty's i| li\ iiilernatioiial arranu'eineni to torhid it. i''iir. seals are inilis|pulal)ly aniinaU frrrr ii'iiiiirr, iiiiil ihesi; iiave universally heen re;;arde(l iiy jurists as i i:i iiullins until llicv me c.uii.'lil ; no |pcrson, therefore, ean have proiuriy in lli'iii iiiiiil he has aetiially roiliii't'il lliiiii iiilo possession hy capture. It rtif.iires soinelhin;; more than a more declaration that nv (Jovernnu-nt or ciliznis of llie I'nited Stales, or eve!i other countries interested in the seal tr.ide, are liKcf li\ a eerlain <'ourse of proeeeilin;;, to render that eoiiise an in. mora! one. iiir .Miijisty's (iovernnient would deepl\ ie;;itt thai the i i>uit o fur-.seals ■ :i the lii;'li "cas li\ Ihitisii ve-sels should involve even tlu- s]ii;hi . injury to lli" people of till- I'liili'd Sli'l' t. ir till' ea:-e he proved, tlu'y will lie re.idy to eonsiiei- what measures 01111 lie pi..,i 11) taken foi the remedy of such injuiy, hut they «i ' ! he iiiiiilile on tlml ;;roiiinl lo dejiart froin n principle oi' which tree conn- .'e mi the liij^h seas ; nils. The seciind ary;uinent advanced hy Mr. liliine is that the " I'li -seal (isiieiies (if lli'lirinii's Sen Imd lieen eNchisively controlled hy the (ioveinment of Uiissja, without iiiliriereiice and without (|nestion. ftum llieir oriy;i!iiil discovery until the cessimi "f .\l;i'ka III ll:e I'nited States in l«ii7,"iind that '• frnni ]'"'>t to l.^^.sir. the possession, iii«lii('li Uus^in had heen iinilislurhid, "as enjoyed hy the I iiited States' (iovi'rnnieut :iKii Hitliiiiii interruption or intrusion from any source." I will I'cil with these Iwd periods sejiarately. First, as to the allefjed exclusive nionopdly of liUssia. ii>laiiee of the Ifussian .\n.eriean Kiir t'oiiipnny, elaiiiied in I'liiiiiiuree, whaliiif;, and lisliinu' fic;;. Iteliriiiu's Straits to the liitiliiile, and not only )>roliiliiled all foreie'ii vessels tiom lardioir on tlie coasts and ijliinds (it the above waters, hut also ])reventetl them from apprimcliin;^ •..iiliiii lUd miles tiieriof. .Mr. t,himcy Adams wroti' as follows to the United States' .Mitdster in Russia ; — "Til" United .States can admit n() part of these claims; their ri^lit of navi^^allon ami lisliiiiu is perfect, and Iips heen in constant exercise from the earliest times iliroii;;hi>ut ilii' Hliiile cxient of the Southern ( k'ean. suhject only to the ordinaiy exceptions and cxcliMiiiis (if the terriiorial jiirisdic tions." 'Iliat the riffht of tishinu; thus asserted included the rishl of killing; fur-hearing aiiiiiinls is shown hy the case of the I'nited Stat<'s' hrii^ '■ Loriot."' That vessel [iriReeded to the waters over which Itussia claimed e.\clusive jurisdiction ft>r the [iiiriiose of huntiiiij the sea-otter, the Killiiif; of which is now proldhiled hy the United Stales' Stutiites applieahle to the fur-seal, and was forced to ahandon her voyage and li'iive the waters in (jucstion hy an armed vessel (d' the Uu'-sian navy. ^Mr. Forsyth, «riiiiii; on the case to the American Alinisler at St. I'etcrshurj^h on the 4th May, l!;37, saiJ ; — "It is a viidation of the ri<;hts of the citizens of tlie United Stales, iiiinuMnorially exorcised ami secured to them ns well hy the lav of nations as hy the sti])ulatioiis o*' the ht .\rlule of the Convention of 1S24, to (ish in i .)se seas, and to resort to the coast for tk' ]iiiweeuti(iii ot their hii^lul commerce upon points nut alici'ily nceupied." I'mui the speech of Mr. Sumner when iiitroilucin;,' the tuestion of the puieliasc ut Alaska to t'on^iess, it is eijually clear that the United States' (iovernnient did not rtgiird themselves as piircliasiu'.i a monopoly, llaviiifr dealt with I'lir-heariiii;; animals, Iw Went on to treat of fisheries, and, after alluding to the presence of dilleienl species tjl wiiales in the vicinity of the .Meiitians, said: •','So sea is iio'v iniirr rlniisiim ; all of jlic'so may he pursued hy a ship under any Hag, except directly on the cuasl or within it> tfiriloiiiil limit." I niiw eome to the statement that from 18(!7 to |J*~ti the iiossessimi was enjoyed ") llii- I niicil Mates with no iiileini,.tiou and no inti usinii irniii any soii'ee. Her "ajtstv's Go-einment cannot hut think that .Mr. I^Iuine has heen mi-iiilonned as lo '111' lii^tdiy of ilio operations in Ueliring's Sea during that period. The instances recorded in ludosurc 1 in thks despatch are sultieieiit to prove, from ■ Aft.r Russia, at the Isiil the pursuits of olsl (hyrree (if north 464 otticinl Uiiitoil Stiitcs' .sources, tlint from 1>*G7 to 18«0 Jiritisli vessola were uii^'ased at intcrval> in the i'lir-senl tislierios, with tlie connizanpe of the United States' Government. I will here, by way of exiiniplo, (luote hut one. In 1h7- f'oUeetor I'hi'ips rcijorted the llttin<>;-out of ex])e(lilioiis in Austraha iin.J Victoria for flic pmpose of lakiii;;' souls in I'ehrinii's Sea, while jmssin;^ to and iiom tlicir rookeries on St. I'anl mid St. t!eor!>(' Islands, and reconnnended lliat a .stcnm- cutter sJKinld he sent to ttu- rei;iiin of Oiniiniak I'as-. and the Islands* of St. I'iuil iiml St. (Jeorne. Mr. Secretary Itnutwcll informed liini, in reply, tliaf he did not cimsider it e \peiliint to send a cutler to interfere with the o])crafions of foreiuners, and stated, '• In ail'litinii, 1 do not .sec tliat the United States woidd have the jurisdiction or power to drive oil' parties .ffoinj;' up there for that pur])ose, unless they made sucii attempt within ii iniirinr; league ot the shore." IJefore leavinrj this part of Mr. I'daine's ari;umcut, I would alluile to hi.s remark. that '• ves.sels from other nations passinj;- from time to time throuuh Mehrin^'s Sea to the Arctic Ocean in pursuit of whales have always abstained from takinp; part in the cajiturc of seals," which lie liolds to be proof of tlie reeoa;niliou of rij^hts held and e.xercisal first by Russia and then by the United States. Even if the facts are as stated, it is not remarkable that vessels pu.jhinu; on for the short season in wliich whales can be captured in the Arctic Ocean, and being tilUnl specially for the whale li.sheries, nep;lected to carry boats and hunters for fur-seals, or lo en>>auc in an entirely difl'eront persuit. The whalcr.s, moreover, pass throuKh Hehrin;j's Sea to the fisliinu-urounds in the Arctic Ocean in April and May as soon as the ice lireaks up, while the y:real bulk of tlic seals do not reacli the I'ribyiotf Islands till June, leavin;;' ajifain by the time the closiiii;. up of the ice compels the whalers to return. The statement that it is '-a fact now held beyond denial or doubt that the (akin; of seals in tlie open sea rajiidly leads to (heir extinction" would admit of reply, ami abundant evidence could be adduced on the other side. Hut as it is proposed that this part of the rciblc action already taken by them against peaceable subjet'ts o! Her 'ilajcsty engaged m lawful operations on the high sens. " The President," says Mr. Blaine. " is persuaded that all friendly nation.^ will concede lo the United States the same rights and privileges on the lands and in the waters of Alaska wliicli the same friendly nations always conceded to the Hmime ot Itussia." Her Majesty's Government have no difficulty in making such n concession. In stiicl accord with tlie views which, previous to the present controversy, were consislentlv and successfully maintained by the United States, they have, whenever occasion arose, opposed ail claims to exclusive privileges in the non-territorial waters of Belirings Sea, The rights they have demanded have been those of free navigation and tishiiii; ni waters which, previous to their own acquisition of Alaska, the Uidted States declared to lie free and open to all foreign vessels. That is the extent of their present contention, and they trust that, on consideration of the arguiuents now presented to them, the United States will recognize its justice ami moderation. 46r) I have to request that you will read this despatch to Mr. Blaiiu', and leave a copy of it with liim shoidd lie desire it. [ am, &c. (Si!adnee |}ay, and stated tlitit the Captain appeared astonished that In; was iiivakiii- the law. (i)itto. .March l.")th, Is7r), Xo. VM), p. 12i.l 111 I'^^^O, the fur-seal trade of the iJritish Columbia coast was of trreat importaucc. Seven vessels were then eii;;.igcd in the lisliery, of whicdi the fji'catcr number were, in I'-sii ;iii(l 1SS7, seized by the I'liited States' (Jovernment in Jiehrinu''s Sea. Ill 1HS|., I),uii(d and Alexander McLivui, both Hritish siibject>i. took the.\merieau seliiidiier "San Diego" to Behring's S(,'a, and were so successful that they returned llii'ic ill l^s."), from Viidoria. with the " Mary Kllen " and the " Favourite ' No. -.VM. and iiistruc- le Ciiilcd States" Reviiuic criiizer •S/c J. PillliKyiiili; It) thi- Miirijui^ o'' Siillsliuni. — [li'-cfiri'd Mini "2 t.) ri'li'irraphie.) Wnshiiiijton. Mtnj •>.2, lh!)(>. A STATHMHN'1' iippeais in the newspapers lo-day that after a Cabinet Council, Ill-Id 111! Tuesday, it has been dei'idcd to reject the i'.ritisii counter-inoiMisal tiiiiis liiive beep issued to the olfu'er cominaiidin'.; the I'nilcd States" Rei _. 'liiar,' now ly^n;;- at Sealtb', siuiilai ^> llio>e of la>t year. Hith oue ''xciption, viz., that, instead of capturing, she i.-. to disnianlic all ves>eK b)und sealing in Behiing's Sea, and to sfize their log-l)ooi\s and skins ;i> evidence in ease of judicial proceedings being taken, 1 »i lit at once to Ml-. Bhiitie, "ho did not deny these stiitenients. I reinoustrated against the piildie.ition of such news before he h;id returned any ri'|ily to (lie pr iposals of llcr Majesty's < iovernuii lit, and against the issue of such iiistriiclidiis while ne^oiiatiotis are ])eiicliii!.'. Ill reply, he said that the jiress could imt he controlled; that his answer was ili'luyed in order to return a j"iiil leply with IJussia ; that our dratt Cmiveutioii was •l""!' iiiadecpiate to the u(>eessilics of the case. Me inveighed ,'igainst the words of VriK'le \ I, which purports to prc.scrihe regniutions on land, and urged that, as there «"ukl he no seals without the seal islands, the ]»ossession of those islands gave the Iniled S.'aics special rights on the open sea, in order to I'uahle them to protect the s;x'i'ies. The Lnited Slates' (iovernir.ent would never admit that, as regaiils the seal lisiioiv, tlie rights ot (ireat ISritain in Behring"s Sea wire eepinl to their own. Nothing "lioit of the total e\idii~ion of scaling vessels during the sniiiuier iiiouths, in which we |ini|)iiM.il to leave the lishci'ies opui, would -iitisty tliein. strong! v insisted that the L128J ' round of discussion was the [ireservation of the 4M seals, reminding him of his ussurance at our last interview that the draft offered a basis of reffotiation. lie rojilied that on thnt occasion lie had in his mind the (|iicstion of arbitration, but ho did not tliink \io would over agree as to the form of (jiu'stions to ho suhniittod t» arhitratioii, I will not cense to press Mr. Klaiiic that our proposals may receive a formal reply. No. 338. Extrartfrom the ' Morning Post " of May 23, 1«90. TnK Behuino's Ska Fisueries. [Keuter's Telegram.] .NVi/i York, May 21. THK Unitt'd States' Revenue cutter " Hear" has been (irdered to cruize in the Belniii<>;"s Srn for the i)r()t('<'tion of the seal Hsheries, with instructions to seize anJ dismantle :ill vessels found violatioir the Statute, in order to deprive them of the means of its further violation. The vessel is also ordered to seize the logs and skins on board vessels found illegally (isliing. and to preserve them as evidence against the offending persons. No. 339. VVic Mdrqwx of Salistntry to Sir ■}. Pnuncefote. (Telegraplii<\) t'orritjn Offict, May 23, 1890. THIS tnorning's newsjjapers contain a puragrapii which states, in substance, that the United States' (iovernment have instructed some of their ships of war to proceed to Behriuir's Sea, with orders to take su L'mtnl ')f III.',-, I ar Mr. Ida; ur iv>tri imuocesM The Marqi(i>' of Salisbury to Sir J. Paimcefote. Sir, Foreign Office, May 24, 1800. YOU will receive by this mail my despat<'h of the 22nd instant, replWn;' to the argumeuts urged hy Mr. Blaine in his note of the 22nd .lanunry last in defence of the seiziin! of Cnuudian vessels by United States' UeToniie eruizeni in Behring's Sea. Those arguments 'ver<' not siudi as Her Majesty's tloveniment could admit to he valid according to the established principles of international law, or suflicient to justify the acts complained of. The reply has liccn for some time in (h-aft ; hut Her Majesty s Govorninent wci'c unwilling to introduce any unnecessary elnnuMit of controversy into the negotiations in which you iire eugageil for the friendly settlement of the whole Till' l'll')li|llllc •Hr. Hl;ii, Her Milt ices \\ '■'Jllliniiei Li fered a basis 467 qiifstion. 1 had, thcrcfoiv, tlioufjht that a cortniii dolay in the proscntntinn of tho ilespatoh would not ha disadvaiitaf?<'ous. Tlii'ilitflli'Tencotiontaiiiod in your tclci,'i-!ini.s of Uk; 2'2n(\ instant as to tlic dispatch of liiitcd Stat<'.s' crMizcrs to Hclirini^'s Sea, and tliii instrnctinns witli wliicii thfy an' iinividi'd, rt'iidcr it necessary (hat the coninnniicMtioii slionld n<> Ioniser lie deiayecl. I iiave Mcc(>rdini,'ly to recjuest tliat you will at once place a co])y of it in Mr. Hiaino's liaii(N. I shall forward t(j yon, as soon as its terms have l)een api)rove(l liy the Queen and tlic ('al)incl, a iornial Protest, to he delivered to Jfr. Ulni'ic, a[,'ainsl any such interfi'iTuce with British vessels outside the territorial wiiters of the llnited States, as apjx'ars to l)e contcmplat(}d in the instructions just issued. T need not s;iy that it ndiilil lie a cause of sincere satisfaction to Ilcr ,M;»jcsfy's (jovcrnmeiit if a consideration of ilie arirumcnts advanced in my des|>atch. and of those with whic-h you \\ill lie abl(> to -ujipli'ment tlieni, should induce the Government of the I'nited St.ates so to liruil the action of tlieir criiizers as to remove the occasion for such a i'rotest. I am, 6if. (Signed) S.iLISBl'llY. No. 31,2. The Mai-i^uis of Salishuri) In Sir J. Pauncvfnte, Sir, VwKjn Office, May 29, 1890. 1 l!K(.'l^l VKl) on the 2.'ird instant, and al once suhniitted to the Queen and the Cahinet, your telcirranis of tiie previotis day, rejiortini; the instructions issued to the tJnited .States' Kevenue eruizers in Hehrinu's .Sea for the approaching,' tislu.'ry ^casein. .\cc(inlin^ to accounts fi[iveii in the j)re.ss, the acciu'acy ol' which is not denied hv Mr. lilaine, these instructions are similar to those uiidc)' which Canadian vessels ni'i'L' sci/ed last summer outside the territorial w.ncrs of tlic I'nitcd States, with this e\i'r|iti(iti, that, instead of capturiny: vessels found sealiiii; in Ucliriiii^'s Sea, the unii/.i.'is are to dismanth^ such viissds, and to seize their loL'-liooks and skins as eviiieiice in case of judicial proceedings. i'liis modilication, it is unnecessary to say, in no way removes tin- ohjections of Utr .Majesty's (iovernmcnt to such interference witli Uritish vessels on th(! hi^jh seas ii> lontrary to international law and the practice of civilized nations. Tlicy di'epiy re^Tct this decision of the United States' tiovei'nment, as likely, if pt'i'jisteii in, to iiroduce the most serious complications, ixwA In i'rnstr.ite tlic efforts nnH hi'liii,' made to arrive at an ai;recment for the proper ]notection of llu' seal li»liiri(s, and the settlement (d' the i|Ucstioiis eomicct' d tiicrewilh. llcr .Majesty's (ioverimiiMit hiivo no alternative, under the circumstances, hut to [iroti'M lurm.'illy and si.lcmidy against any interferc'uce on the part of I'nitod States' criiizcis with Jtritish vessels naviifiitinij outside the territorial jurisdi'lion of the L'niti'il States, and to leave to the United States' lioveininent the responsihility of tlj(> ei)nse{jui'nces if that protest is disre^ardeil, 1 aecordinijly incdose lu vwith the draft of a note which you w ill address to Mr. Iil;i;ne if you should ui\rortun;it(dy find that there is ik) intention of sc inoilifyini: ur it'>tiictinit the action of the United States' eruizers as to render this step unuucessary. I am, &e. (Signed) SALISBURY. IncluBuro iu No. .342. Draft of Note In lie addresned la Mr. lihiinr. TIIH Unilersiu'ued. Her Ihitannic .Majesty's Knvoy liMraordiniiry and .>rinister l'li'iii|i(ilentiary, v^ic, has the honour, hy instructions of his (io\ crnnieiit, to make to •Ur. I!!aine. S "tary of State, itc, the folhiwin;,' coinnumie;ilioii : Her Hrila.iin'c Majesty's (Jnvernment have learned with irreat concern, from witiei's »hi(di have appeared in the press, and the ifcneitil aceunicy of whiidi has heen cjiilirmcd hv Mr. Ulaiin''s stiitoments to the Undersiu:ned, that the {lovcrnnicnt of the Li2bj a o 2 408 United States liave issued iiisliiicl idiis to their JJcvciiiie eniizers aI)out In lie dispatclied to HeliviiiLj's Sea, under « iiieli llie vessels of ]5ritisli subjects will again Ik exposed, in the prosecution of their ieiiitimate industi'v on the h\<^\\ seas, to unlnwl'iil interrerenee at the hands olWineriean ollieers. Her Britannic Majeslv's (lovernnient are anxious to co-o]ierate to the riillcst extent of their povscr «illi tiie (iovernmeiit of tiie I'nitcd Slates in such mefisures a> may be I'ound 1o be expedient lor the protection of the seal tl'-licrics. They are at the present moment ennaged in exaniinim;, in concerl witli the (|o\crnment of the Ijijtcd States, the best method of arriving at an agreenuMit u[)i)n this jxiint. ibit tiiey cainiot admit the riu:ht of tiie liiited Slides of their o>\ n sole motion to restrict for this iinrjiosc the frec di their territorial jmisdiction. Ilir Hritaiinic .Majesty's tjoverinnent an.' therefore un;ilile to pass o\('r willioiit notice the public; anuounccnient of an intention on llic part of the tiovernment of tin; United Stati'S to i-encw the acts of intcrfei'cnce with British vessels na\igatiii^' outside tlu! territorial waters of the United Stales, of which they have; previously ]iad to complain. The Undersigned is in conse(|ucnce instructed I'ormally to jmdesl against siicli iuterferciice, and to declare that Her Britannic .Majesty's (iovernment nuist hold the Government of the United States res])onsible for llii' conse(|uences that may eiiijiii' from acts which an.' contrary to the established priin'i|des of international law. The Undersigned has the honour to renew to ^Lr. Blaine the assurances o! his Lighest eonsideration. No. 3 13. Sir J. Pavncrfolr tn tlii' Muriiuiit of SnlinhiiTy, — (Received May 31.) (Telegraphic.) Wdshiiujlun, Mini 30, 18'mi. I RKCEIVKD last night from the Secretary of State a long note, copy of which I have sent by bag to-day, on the question of the negotiations for •,\ dnvc seanon in tlir Behring's Sea. The note commences by a protest against tiic course alleged to he pursued by ilcr Majesty's Government in "authorizing, encouraging, and ]ir()tecting "' British ves.-i'l>| who. it maintains, are interfering with ihe risht-- of the Uniti.'d Stales and those of the wliole civilized world by taking seals in that sen. The history of the negotiations for a close season fiom llieir commencement is reviewed in the note, which then goes on to inveigh strongly against the change of position taken by Her Mnjesly's Government in the negotiations, which change, the Secretary of Statu maintains, has been brouglit alxiut by \\w " interposuion of Canada." Mr. Blaine then points out that the nrrangi'mcnts which were jjroposcd in ISH;- iclntiu' to a close season, and those which were j(:(jposed in the dial't ("onvcntion, nuht hi' considered to he '• in significant contrast." Moreover, the hitler are. in the oiiinion nl the United States" Government, (|uitc inadecpiate to protect the rights of the rniloii States in the UeliringV; Sea. They are eijually insufficient for the |neservalion ot seal life. The United States and Ihissia have consei|uently no other ennrse but to rejoct our proposals. The negotiations will, however, be cdiitimied by the United States' (Imoni- inent in the hope that a satisfactory agreement may \w arrived at, allliough it is toi. Intf. the note says, for the ajjplication of any result, which may he reached, to this sen.^oii Mr. Blaine maintains that tin- res])onsibility of the delays which have occurred cannot ln' laid to the charge of his (iovernment. The note contains at Ihe conchi- Government that with the view of avoiding any interrnption nt' the negotialKins \>yM} "untoward event-^." all British vessels shall he prevented by Her Majesty's Govcrnnionl from entcrinit the Behring's Sea. I(i') \(.. :'.ll. '//('• Mnrijuis (if Siillsliiiri/ In Sir ./. I'liiinci'/olf. (Tolcirivililiic.) Fi.rel(/ii Offirr, M,ii/ 31, 1800. IN ii'|)ly to joiii' toloiiifim of llu.' oOtli iiist;iiit, I liiivc to stale tliat it is imijossihlc, (111 u:roiiK(ls luitli of law and of jiolicy, for Ifcr .Majesty's (I'Dvermneiit to accept Mr. Hlaiiie's sai^ircstion tiwit Jiritisli .soaliiii^-sliiiis slioulil he forliiddcn to cuter the UeliriiiLr's Sea. against sudi iiisl liolcl till' it may ensue aw. ir.uieo of lli^ Ao. :J15. .*>•';> J. Piiiiiiretol" to the Mai(iuis of Siilinhiirii. — {Rcccht'd Jiiitc '■^.) My l-niil, Wiishinijloit, Muii 2:J. 1800. WITH reference to my teloiivnin of yesiord.iy's date, 1 have tli<' lionour to imi'Si' lii'iewitli exiiviets from llie '• .New Turk Uemld " and iIk; " New York Evi'niiii; Fo^t " relative to tlie instriielions n'iven to tlie Itiveniie cutter "Hear," and to the rqiert that tlie Cabinet had deeided to I'ejecl the ISdirinLr's Sea jiroposal. Voui' Lordship will observe that in the aeeonnt of the alle;^ed interview with the convsponileiit of the " Evenii i^ l^ost," the Secretary of the 'I'rensury is reported to ImvtMlcnied ever Invini; seen tiie Uritish ])r.i[) isal, wliich throws sonie doubt iij)on the slatenient in the " Herald," that the (,'ahinet had refused to accept the ])ro]ios;il. I have, ite. (Signed) .irLlAX PAUNCEi-OTE, Inclosure 1 in No. 3 15. Extnict from Ihr " Xew Vorl,- Erriiiiu/ Past" nf Minj 22, 1890. TiiK iiKiiitrsiis Sr:A <^i:i:srioN. iiniencenient is the change of 'h chiiiisc, the on of Cnimila." n 1S88 rcliitive ntinn, iiubt lif tlie opinion nt of the rniloii preservation u! tit to reject our States' Giivorn- ;h it is too Inte, to this seiison. irred cainot k . lliiili'd Stiiti'> itiatiiiiis liy iim t's (loveriiiiu'iit What Srcn'liin/ 11 I ml nut .v«i/.s- n t II Ciirri'iil Rrporl. [Speoinl Despatch to the '• l-^vi I'o-t."] U'lishiiKjInii, Minj !.'•_', I •^OO. SIXKI'.TAliV WI\D'\M was asked this niornini,' what truth there was in the tcleijraiilied iVtnn here last nii;;lit, that he had tnkeii a decisive stand in the L'nLinet nieetins^ yestei'chiy aiiaiust the acce[itanc<( of the iJntish Behriii'.;'s Sea iniposal. l"'"l I h i\ • n llie imlii'tnienl. ot read the dcs])at Did vou aiithori/.e llu? slateii ,' lie .iiiswcrcd. •' I coiiseijuenlly cannot |)load to eiil, llicii, that you did not oppose the acceptanci? if II le proposal sail 1 t. of tlie proi'osal r" '• \\'liat is the natui "'that, is not i;iven, " -No Uritisli |)roposal," he then said, "has bi'cn submitted to nie. i am hero Hmply to iMiforee the law, and I i\m try in": to do so. Hut, naturally, I do not care to ilisciii,s ti.e matter till 1 have had a idianee to .see of what I am accused." The instructions i;iveii to the (.'iimm.'iiidcr of tin; Jtevcunc entter "Hear" in Alaskan \\atcrs are irlcntical with those of so as to prevent any repe- tition i,f the oliciicc diiriiii,' the season. 'I'lie Commamler i> to warn all iicrs;ins against vcspectiiii,' the capture of scaliiiii-vcsscls in Alaskan wate last year, except that eiptiircd xc^scls are to be disniantl I'litrriiiL, |{chriim''sSci ami p:irti )r the purpose (il vio!;i till'' till' 1,'ius of the I iiitcd States therein, icularlv the law whieli pnivides that no person sh.i III' liiiiits of Alaska terril 1 orv or the \va aiiv lur s(>al with iters thereof." What those limits are has not heci ili'ilni'd. Till! Ih'itish Columbian seali'rs hold that they ;ire the waters within 3 miles 111' any land of Alaska territorv. J)o we bold the contrary ? \ot so far as any 470 autliciitic (locumcntnry ovidoiicc lias bocn siilimittod. Not so far as cither Consvpssnr tlic I'rcsidciif lias divlarrd. We liavi? not iroiic to tlii' Icii'^rli of layinic down oiip mlp for H(>liriiii;'s Si>a and a dilVcn-nt one for the (iiilf of St. hawn-nci'. It would sconi, tlKM'clorc, that tlii^ (iovoriiiiiciit li;i'- put into the discretion of the ( 'omuriiidci' uf a Rovoniic cutter a (luestion of extnMiic ^rravity which it has not vcnturcMl to decide for itself, and that upon his decision may rest issues of vast, importance. Of coiirso, no discussion of the JJehriiiy's Sea (piestioii of any value will he jiossihlc until the ne^o. tiations hetweeii Secretary Hlaiiic and Sir .liilian I'aiiiicefote are made puhlic. luclosiu'e 2 ill No. ',H"). Eatract from Ihr " i\o,n York Herald" n1 Man •'•I. 1890. GKEAT ExCITKMKM I.N L'.VN.VDA. j l-'roiii our RcLfular Correspondent.] "Herald" Hiirciiii, conirr of I'^itteenlh and G Street)i, iV, H'., Wn.-hiiiijton, Mm/ 21, 1890. I LEARN that til the (.'ihinet nieetini^ yesterday it was decided to reject the British proposition siihinitted three weeks au'o tor a seitleiiKMit of the Hehriiiif's Sea (|uestion. Secretary U'indoiu, a.s 1 am informed, was dci-iih'diy opposed to the acceptance of the proposal — Hist, liecaiise '* ' ' - ' ' '■• '' ':-i-- ; i -» ■ sec I hec! . - .. _. ., _ J .„ _ arising' out of i!s owiierslii]i of the |»artiilly ••urroundin'^ shores and of a part of the islands within the sea; the pos.s{>.ssion of a universally recoiciii/.cd houndary-line wliicli iniduded ill the ci'ssion to the I'niled Sl.ates the very pail oi' the sea wherein alone tiiis country has sought to exercise a territorial jurisdiction; the iiilieritnnce from I'lissia of a eonlinuoiis idaim of jurisdiction never directly ipiesticMied nor siicce-isfiiilv assailed. ;in('. the undouhled riuht that the United Slates li;is to exen-ise a reasoiiablo police jurisdiction to protect its own ])roperty and inli^re.sts in Hclirinuj's Sea, and secure to itself the natural use and pi'ollt thereof. Secretary RIainc did not advoi'ate an acceptance of t lie proposal, and thonijht it prohahle that further neirotiations would ahate the Canadian contentions and improve the position of the United States. 'I'he liiilish (iroposal, hein;,' without support I'nim .f the two l)e|)artineiits immediately concerned «ith it, necessarily met wit' Secretary U'indoiu, as 1 am informed, was dci-iiiedly opposed to the acceptance of :ie [iroposal — Hist, hecanse its provisiuns were deemed hy liiiu entirely inadeiiiiatc to jcure the professed olijeet of prescrviiiu: seat life in RehriiiL^'s Sea, and, second, eeausc it virtually iu;uoreil the cstahlislied position of the Unitivl Stales in that soa I'itlier < I.IIIK 1 I'l 1111' L'tll' 1^\. irillllllt lll.^ IIIIIIM llllllt II 1l/IItVlll\\i tlllll lly ll\_\.«_,^.-'lttll> IIIVIi llllll r(?jeetion. a like fate with thatwliiidi overtook the prece'dim,' .Viuerican proiiosal in tlit Council of the (ioveriior-(ieiieral of Canada. I understand that in neiiher ease was an acceptance of the proposal anticipated by the parly suliniiltin^; it, hut tli;it the only result expected from the exchan;»i! of proposals was the hrinpiini; of the jiarties a little nearer losfether hy the cliuiinatioiiof sonic of the points (;f dilVerenct!. 'I'o some extent, accordini^ to my information, this expectation has hccii realized, so that th(! ne<;i)lialions are really ill a heth-r stat(\ not\villislandin£; the reflection nf the eoimter-|iro|)osals than at the hemiiinini;. The Next Step. I am advi.scd that the next step in the nei;otiations will he the di.scussion and settlement of the details connected with tiie creation of a .Foiiit Commission of experts to prepare and suhmit to the two riovernmeiits a full and particular project a"; the basis of a Treaty hy «lii(di the \\hol(> (|uestiou can he permanently settled, Tt is |)ossihle that the ( loveriiment of IJitssia miy he dini'tly represented in this Coimnissioii of exiierts, hut that is a mailer whi(di has not yel ri'ceived any (Minsideratioii, and is altoii'ellier likely to he y'dveined liy the wishes of thai ( lovernment at the )iroiier time. In any and all events, then.- is a e()iilldenl e\[)eetation that a Treaty can he framed ill time for suhmission to the Senate !mmediat(dy njion the openiuf? of the second Session of the present Contrress. 4«ft Rnforcinrj a Clnmire. TIk' niDic iinpiu'tiiiil (|iu'>(i('ii lor tlic Cihinct yo>stt'nlay was that of the nfl iiilfriui [Kilii'v to 1)1' ]iiirsiii'il ill Mi'liriiit;'s Sea \vi(h iininciliiitc ri'Icicncc to lli(> •.caliiii; season, wliiili will liu in lull liiiidwiiy li,\ tlic nul i.T iliis ni(Milli, 'i'lu' 'I'lfasiiry view was that, inasiiiiicli as llu- Jlrilisli fioM'inincnl liaci admitted a dose season to lie nw;essury to tlio pri'SiMVi,,ion ol' tlic seals and tlic just interest ^t[^ llie (Jniled .States, iuul had nlVcrcd as part 111' its proposal a radins aroniid tiii," seal islands to jji-otect tlio I'enmlo s«'al» from attacks while olitainini: l'osili!e and jivoper tti enforce by w^rnin!.^ and hy restraint after warnint; had proved iiiell'ectiial in any ease, sncli a I'iosiire durini; the present season, relyins^ upon thi'i;(iiid sense and disposition of the Urilish fiovernnient to accpiiesce in nieasiivcs tan entirely icnsonalde and merely provi,>,i(inal. Tliis view ])revaile(l, it heinu- a piaetieal and >nl)stanlial acc*'()tance of the mot/u* lui-m/' volinitarily tendered liy the liritisli (iovernnient in eoni|)aiiy with its rejected proposal. The Connnandurs of the crnizin;^ vessels will he emphatically enjoined to refrain, s!) far an possilile within the lines of their instructions, from any ciiiiduct towaiil llie Urilisli sealers whom lliey meet with that can he niadi- the occasion of just i'oni|>l:iiiil or resentment. Tliise instructions w ill he commniiicati'd to the iiritish (iovernment iu firder that tlu' I'.niadian authorities may take any action they may deem advisable toward the comnmii end of maintaiuiuL; |)eaee and amity from now till the close of the seaKun. OrderK to the "Hear" to prorcrti to Behriiitj's Sen and sf,:f all Ve.tneh engaijrd in Uiilaiiful Acts. Wdshingtort, May 21, 189(>. Secretary Windom to-day siirrieil tiie Sailimr Orders of tlic Keveniuwutter 'Bear,'" now at Seattle, Washiiii^toii, direi;tini5 that she sail immediately to Ounala.ska unit then to erni/e diligently in Hehriiiir's 8ea for the purpose nf warnini;^ all persons ai.'niii'-t enteriiiii' such waters lor the jiurpose of vi(datin^ section I'J.'iO of the Keviscd Statutes, and arrestin;,' all persons and seizinir all vessels found to b(^ or to have been entailed in any violation of th; laws of the United States therein. Section IH.jf), Revised Statutes, referred to above, jirovides that " no person shall kill any otter, mink, martep., sable, or fur seal, or other fiir-bearini^ animal within thp limit", (if Alaska territory or in the waters thereof, and every pei-son {juilty thereof shall. Ini' each olVence, he lined not le>.s than lidU dollars, nor more than 1,000 dollars, or iiiipri^oned not more than six months, or both, and all vessels, their tackle, appareij fiiriiitiire. and eariro found ensai^ed in violation of this section shall be forfeited, but tlip Secretary of the 'rri.'asury shall havi- |i(>\\er to authorize the killing of any sueh nltor, mink, marten, sable, or other fur-beariiiij; animal except fur seals, under such Rviinlations as ho may prescribe, and it shall be the duty of the Secretary to prevent the kiUintr of anv fur seal, antl to provide for the execution of the pi-ovisions of this section until it is otherwise providem. While it will be equally impossihle now to ■'icrease the size of the prize crews, an ell'ort will be made to awini|ilish the same result in anotlu'r way. Aeci)r(liiig to tlu'iirescnt instructioi's, if is m.dnstood lli.at all vessels round violating the law will he dismantled and deprived of all means of fiu'thcr violations. Their logs and all skins are also to be scMztul and pn'scrved as evidence against them. With the exception of certain details as to the I'lil'orcement of the law there is, however, no cliangi- iu the general policy of the adiuiiiisiiation on this question. 472 Xo. ;uii. >■/)• ./. Piiiinci'fotr In Ihfi Miin/iii.i of Siillshiirii. — < Riifiii'd Jinw 3.) Mv Loid, TMM l''j|)l A')'I]TjY ii|)')n ii'iuliii!;' in ilu' ii('\\s]):i|ii'V: Wiiy/iiii'jlnii, May IW, l.mm. V('slci'(l;iv tlic ;iiin( mncL'. nicnt (which I nt once ii'!r!?r,i|ih('il to voiir l.ovdsliipi ihat tlic I'iiIUmI Sliitrs" Cuhinct h:i(l (i('ci(h'(l til ri'jcct the i'iiiiiili'r-|)r()|iii^;ii of Her A! n jetty's (loM-riimi'iit I'or tlic spttii'- niciit (iT the H('hi'in;,^"s Sen (|U('stioii, ;m(l lliat they li.'iil issued onh'is to tlioir llcvciuii' ci'iiizcis t(t |ii'(V(Mit all vessels rroiii eiinairiiii; in the sealiii'^'-iiKliislry in those watfis, I calhvl on the Seevi' replied to the eltect that it was not possihlc to u:uar(l against the puhlicatioii in tiii' ju'css of news of such piihiic inlcresi ; that his answer t) the liritisii proposals, wliii!li ■ tlrit it le now proposed he had promised to send to me last week, had heen delayed, as 1 shonld lie in the form of a joint reply from his (iov.'rnniciit and thai of Itussia; that, of tl ■lis Ih lers to the II (Mi'iuc criii/,1 le rcicclion ol the ]m-o vs. tlii'v were the natural conse(|i Ills which I had siihiniltcl t'l the Conf erenei Tliosi' proposals he pn and he ded to critici/eas tnl.illv iiiadcijieitc to the necessities of the cast', aniinadvcr ted I p. th rds in Aiticlo \' 1 of tin; draft Convciilioii, whidi purport to ])rcscrihc l!eu;idatiojis on land. I ))ointed out to him that the dialt (.'onveiition alForded the most ample pnilcutiou to .seal lite hy prohihitinn' iiela^'ie sealing,' diirinu; the periods of inii^ratiou to and from the \\ surreptitious .'ind l)V c ^t;ihli-liini,' a i-adius around the Si-al Islands to aiiilin'4 ol marauders M )ri'over, it supplied the most It till iplutr machinery lor an-iviui; at a linal decision as to w hat roiiulal ions slioiild iie adopted fnv the pv 'cscrvatinii o rth ll ilr. Claiiie the )ccics. ;cd that the I'liiieil .Stales, hv the possession of tlie Son! Islands, had acipiircd special ri'_'hls in l>chrinL''s Sea as rcL,'ar( ■ds thi lisll: 111' said that the United Slates' liovernment Cduld nevcrailmit that tjreat Hritain had iiL'lit> equal to tiieir own in that sea, and that they would not he satislied with anylliiiii; It's- than the total excdusion of all scaline; vcs.scls from lielirinu;'s Sea diirim;' the siiiiiiiii'i months in whit .M sly's ( iovrrnmcnt jiroposcd thut the lisherv shoiil ll be iiiion I reminded .Mr. lUaine that the sole (piesiion was the ))rcscr\alion of the seal s|ii'(ii> I ur''i'd that (iiaft Convent ion n iKiiie .•impic provision loi' I hat ])urpose. 'Jliat a> roi'arded the cliim wliich hemhocaled i.wi iielialf of his (Jovcrnment to six-rial rii;lit> bevi the teirilorial wali^'s of iicdiriiiLr's Sea, it rested on novi )vel doctrines ciitiiTly opposed to the law and practice of nati J. also reniinde.I him that he had i|uiti' recently inlormed me that tlu; draft Convention, thoiiu^h not acccptahle to his (loverii- ment in its ])resent form, allbrdpd a basis of settlen Air. Bl.iine replied that k Lad at that time in his mind die ))rovision relatiiii^ to arbitration; but he doulitcii whether the two (Jovernments could ever come to terms as to the form ol' the (piestinit: to be subinilted for d ecision, .\r\ y interview here emu! to an end, .Mr. IMaiiii' haviiiu' an ;i.)ipoinlmeiit \vitli tin* President wliiidi coni]iellcd him to Ic;ivc for llie White House. i have, &(• OSi^'ncd) JULIAN PAlJNCi;i'OTK. No. ;H7. Sir J. Pn liner fair to llir Murquin of Snlinhuii/. — (^licccliprl June o.) U\ Lord, WuMmjton, Miiii 2.'$, ISiW. IN eoinplianec with the iiislriictions conMined in your Lordship's telrgiW" ol' to-day, 1 have Ihc honour to iiudose coiiv of a note wliieli 1 have addressed tv 473 .Mr. Hhiiiic, iti wliitli 1 have informed liim tliut a formnl protest by Her Majesty's tlovriiiiiiciit aijaiiist any inlcrlerenee with Hriti.sli vessels in Beiirin|,''s Sea will bo foruanlcd to him witiioiit (h'iay. I have, &c. (Signed) JULIAN I'AUNCKFOTE. luf Insure in No. ;J17. Sir J. Vauncefote to Mr. Blaine. Sir, ^ Washiwjtov, May 23, 1 «!)(). I IIAAI-; tlic lu)nf)nr to ini'onn you that a statement liavim; appeared in the ii('»s|i;i|pcr>, to tiie ciVecl tl;at I'Mitcd Stales" Itcveniie erui/.ers have i-eeeived orders 111 indci'i'd to Heiirini^'s Sea t'or tlu; ])nrpose of i)reventin!^ the exercise of tiie seal- li-lii'iy liy I'orcifjn vessels in non-territorial waters, atul that stntenu-nt havini^ been idnliiiiicd \esterday by yon, 1 am instructed by the Marcpiis of Salisbury to state to vim thill a formal protest, l)y Jlcr .Majesty's ( iovcriuncnt, a;,'ainst any such interference witli I'.ritisli vessels, will hi! forwarded to' you witlumt delay. I liave, &c. (Sii,'ned) JULIAN PAITNCEFOTE. No. :$t8. The Marquis of Salishuri/ to Sir J. Paunccfote, ('l'cifuraj)liic ) Foreign Office, June 3, 1890. l.VI''0!{.MATION has reached Her Majesty's Government that about twenty-three iliilish vessels have already cleared from ports in Hritish North America for the seal tisliiiiif. All (jiiestion, therefore, of stopping them, even if Her Majesty's Government coiisjiicrcd it expedient to do so, is at an end. No. 34!). vc addrcss('rnment that total (>xclusion went Irvoiiil ilie requirements of the ease. !ho note states that until the receipt of my reply iiiled States' (Jovernmeiit had never been informed that any other objectio'" ...1 *....<..: I I _ T 1,1.:.. ii t\.„t ...,..: i 'i... ■!.)... .... til toll Mill nt.ui-^i \ iiM ri iMiieiit iiau iu"\rr ikm'ii iiiKMiurti iiiiii i-s must be extended at onee to' Aiiirrican vessels, and tliaf our proposed radius of 10 miles would ex])ose female seals tdlii' sl;ii|Mb(,,,.,,,i i,y luiiiilreds of tiioiisaiids. "Tlie J'residciit does not ciiu-cal bis disajipointment that even for the sake ul siM'iiriiii;- arbitration, ller Majesty's (lovernment refuses to suspend for a sinij;le M'asiiii tiie practice \\liicli your Lordship described in 1S8H as the wanton destruction "1 ii valuable industry, and «liicli the United States' Government has uniformlv ri'gai'ileil as an un))rovokcd invasion of its established rights." 1 liave declined in my aeknowled^'Uient of the note to continue the eorrespondenee uiilili n.eeivc furthc'r instructions, esiieciallv as the views of Her Majestv's (}overn- [128] * "3 i' 174 iiu'ut iii'c clearly ('X|ilaiiioil iu^your Ijordshiirtf dcMpalch ul' tliu. 22imI nil iiiio, which 1 read It) till' SwM'i^tary ol' Slatj' only a low hours Ijol'orc Ids ii(»ti' n^achcd nu'. , , Xo. a.'iu. sir .1. I'(iuii((^ff"fij)oiicd oiii- iiiiciNifW ariaiiiccd for liii^ iiinriiiiii;. 1 will uiidcaviiiir to mcci Idiii in llic cDiii'sr ol' to-mon'ow. No. ;{61. The .\fiii(j(iis (if Snlishuri/ to Sir J. I'liiiiirrfolr, . n ('IVlL'j,n-ni)llic.) h'orriijii Oj/ici; .Imir 7, l."rili>h Pailiament, anil in the other one, ol' the Canadian I'arliameiii. "We have always lieeii willinjr, without plodjjin^f ourselves to details as to area and date, to neiiotiale with tin; linpc of eoniinj; to an arrani^einent for the esiahlishnii'iit of a elose season so I'ar as neeea-ary to preserve the iur-seal specie-, hul ils provisions woulil requii'u the sanction ol' the respective Legislatures. I do not reeojfnize the e.\[)res>ions which are apparently attrihuted Id me in Mr. IJlainc's note. I do not think [ used them, not at all events in the eonle.\t stated in the note. * - No. 352. Sir ./. I'ituiiifjole Id thr Marquis of Sdlishiirii. — [Ri-rnirnI .liiiir ^.) .My Lord. WiL-hiiiijidu, Mitij I'D, isim. Wri'li rerereiicc to my desi)ateh of the i>:}rd iiishint, 1 have the honour to inclose copy of a note which 1 have received from Mr. IJlaine in leply to my coininuni- cation of the L'-'lid instant, in which 1 informed him that a Ioi-mimI protest hy Her Majesty's (Jovi'rnment auaiiist any iiilerfereiice with lirilish vcs>els in Hehriiiu's Swi would Ijc forvwirded to him without tlelay. : .. I have, &c. • • ' (.Signed) .IL'IJAN PAUNCKKOTI-:. Inclosure in No. 352. Mr. Blaine to Sir J. Pauncefote. Hir, Depurtmciil of Slide, May 2G, l!^\)0. 1 HAVE the honour to aeknowledgo the receipt of your note of the -'3id instanl, ill which you inform me that Her Britannic ALijesty's (iovernment will formally prdtt^i aji,aiiist eertnin action recently taken hy this Government for the protection of the Alaska seal fisheries. i . 1 have, &c. , ,,. . _ (Signed) ,1. U. HL.ALMv 47;T No. 353. Sir J. Pnunv.'-fnie In ihf Mnri/iiis nf SnliMliiini. — {Ri'reiii'il Jiini' 9.) Mv Lord, llnslniKjIoii, Mm/ i)(),^S\)l). Wri'll icIVn'iicc III my tulcfirani nl' to-day's d;ili', I Ii:im' lli.- lioiiniir to liirliiM' I'lipy III' till' Miili' wliirli I \in\v, rcccivi'ii I'l'iiiii .Mr. liliiiiir, inruriiiiii;; iiir ul' tlii; irji'clioii III' till' dral'l ('oiivrnliiiM by lii< ( iiiviM'iiiiii'iil and tli.'it ol Itus.sia, and staling llic ;,'roiiMil>. I'lir lliut (U'cisidii. I lia\c. Sic. (Hiifiicd) .lULi.v.N i'.\i;.\ci;i'()Ti:. rnclosuri' in \o. 353. Mr. ISItiiiie Id Sir .1. PniiiirrfulP, Sir. Driiiirhii'iil iif Sliili; Mtiij -id, ^'^W). W)l I! null' of till' :;:!i(l insianl, alrrady .•ifkimw !('(lu:i'il. iiironn< tlii> (JdViriunriit lliiil \oii '• li.'ivc Iici'ri iiistiiirlril by tlir .Maninis ol' Salisluivy to slate tli.at Her M;ijrsty'''. (iiiviTiiiiii'iit wiiiiii! I'orward, witlioiit iK^Jay, a ]irot('st " ai^aiiist tin- roiirsi' wliii-ji I his (IiiviM'miiciit lias ruiiiid it iiiTi-ssary. under tlie hnvs ul' ConnfiTss, to |inrsiii' in till' waters of tile lleliriiin's Sea. Ill tnni, I am instructed liy the I'lesident to [irotest ai;ailist tlii' eniirse ol' the liriiisJ! (Imcniiiient in nutliori/inu', ineiiiira!;inL;'. and proteetinir vessels wliieli are not iiiily iiilerl'i'i-ini: witli Anieiiean rights in the Melninir's Sea, lint which are doin^ vii'lcnce as well to the li^'I's of the civilized wni'ld. 'I Iiey are eiiu'ns^ed in ;i warl'are ;iL';iiHsl seal lil'e, disreiiardiiiu' all the Ficijiilatidiis wliich lead to its |iiotection. and riinuiiittiM;:' acts w'hicli lead ultimately to its destruction, as has lieeii the case in every |i,irt (if the world where tlie aliiises wliicli are now (daiir.ed jis Hritisli rii,'lits line lieeu |ii"i('tis('il. Till' I'residiMit is surprised that such protest should he authorized liy Lord Siiiislniry, especially liecause the previous declaratious ol' his Iiordshi]i would seem to i'i'ihIi'I' it impossihle. On the 11th Novemlier, is*^?, FiOrd Salishiiry, in an nllieial iiiti'i'vii'w with (he .Minister I'ldin the L'nited St.-'les (.Mr. I'hclpsi, cordially au'iced that ":i ('mil- of l!ei;u hit ions shiiiild he adopted I'or the jirescrv.'itiou ul' the seals in HehriiiLr's Sen 111)111 destriictinn at injiroper times, hy inijiropcr means, by the citizens of either I'niiiitiy." And Lord Salishiiry su^'ifcsted that Mr. {'helps "should obtain from his • Idvi'iiiiiient, and submit to him ([.ord S;ilisbury), a sketch of a system of I'cLrulations ttliirli niiiiid be adeipiale for the purpose." I'^nrthcr interviews were held duriiiu: th(> l"li(i«im; inoiith of lY-bruary (ISMS) between T^ord Salisbury and the .Vmerican Minister, and between Lord Salisbury .and tlu; .Vnierican ^linister, aceoni[)anied by the llibsiiiii .Vnibassador. In answer to l^ord Salisbury's ve(|uest, Air. I'heljis submitted liic " l!ei,'iilatioiis " wiiii'li the (iovernment of the I'liited States desired; and in a ilis|ialcii of the 'i.'itli l''ebruary .Mr. Phelps communicated the I'ollowiiii; to .Mr. Ii;iyard, Si'iTi'lary of State : — " L'lrd Salisbury ;issents to your prfijiosition to establish, by mutual arranLreinent Irtwccn the (iovernments interested, a close time for fur-seals, between the L'ltli .Vpril iinil tlir Isl Novenil er and hetween KiO" of loni,'itnde west and 170' of loii^-iliide east, in till' l!i'hriiiL!;'s Sc.a. .Vnd he will cause an Act to be introduced into I'ariianicnt to ;.'ivi' I'll'e;'! to this arr.'iny;einei\l so soon a.s it can be prepared. In his opinion, there is iinddiiht that the .Vet will be passed. " lie will also join the United States' Government in any iivevcntivo mcasii. ^ it may 111' tlioiii;lit best to .'idopt, by orders issued to the naval vessels of the respective 'ifivcninients in that rcLfion." Ivnly in .\|)ril (isss) the liussian Ambassador in London, .M. de Staal, advised '111' Aiiiirii'Mii Cliari^i'! ''that the liussian (iovernment would like to have the l!i"-'iil.itiims which mi^lit he am'eeil upon for the Meliriii'.;''s Sea extended to that |"iiliiiii of the latter in which the Commander Islands are sitiiafi d. and also to the Se-i 'if Okiiiitsk, in wlii(di itobben Island is situated." On the Kith April, at Lord J^iiishiny's invitation, the liussian Ambassador and Mr. White (the .\meriean (_'liar;ri''), ^b'. I'lii'lps beiii'j; absent from London, met at the I'li'eiun Ollice " for the pur])i>so 'i ili>:i'iissincr yf\\\\ |,(iv(l Salisbury thedetailsof the proposed ("oiiventional arranyi-mcnt fovtlii' |ii'olec(ion of seals in liebrinj^'s Sea." [1281 a I' 476 Witli ;i view Id nici'liiiu' tin- Hiissiiiii (iovorninciit.'s uislirs rcspcH-tinij tlu- wiilcrs ltd M'llll's KUl'l'dlllKlill;; Holiiicll IsImikI, Ills li(ii'ilNlli|i sili;i;('stiMl \\<.:\l lii'>iili(' tlir W ll Sea, til()^c• purtioiis id' tlic Sen (l arr iiMii. His l,iii'il>erc u;iven to th" Amrrican .Minister, to the Anierieim Char!,'r, to the PviiNsiMii .\nilia>sailor, and ou iiiire than one oeeasioii to two of them tiii,'i'tlirr. The rnited Stales had no reason, thererore, to diinlit that the whole dispute toiu'liiii;; the seal lislieries was pr.aetie.ally settled. Indeed, to have distnisled it would liavL' 1)cen to (piestion the ^'ood I'aith ol' Lord Sal.>lniry, In diploinatie intei ourse hetnwn (-ire;it liritain and the rnited Stales, he it .said to the Imnonr of lioth (iovernniriit.s, a verlial assurance rroiu a .Minister has always been eipial to his written pli'ilu'r. Speaking the same laiii^uau'i", there has heen no room lor niisundei'slandin!; hi'trti'fu the Itcpreseiitatives of the two (lovernments, as may easily happen hetwcen tliiKi'iif dilTeieiit tonicucs. I'or a period of six months, theret'oie, without retrai'lion or qualilie;iliiiii, without the suL,'u:estioii of a doiilit or the droppiipj' ol' a hint, the iinili'i- standiny- lielweeii the t \t(i (iovernments, ,iu the assurance ol' Lmd Salisliury, was n- compli'te iis lauiinau'c could make it. O the 2*stli .\]iril, live days alter Lord Salisliury's liist pointed assurance, livr days a ei' he had iiroposeil to perl'ect the scheme, not by the deliiy of Parliament, but by till iironiptucss of an Order in Council, the American Cliarice was inrorincil tliat the A of rarliameiit would he necessary in addition to theOrdcr in Couiudl, i.nd that iieithi Vet nor (Jrder (.nulil be drafted " until Canada is heard from." !• several wei An Ch ks I'ollowiiig the 2sth .\pril, the re were maiii' vn at the Foreign Ollice to learn whether " Canaih' d lis by ti," I'l'ii lii'anl III di d Finall called 111 comiian;, lith the llussian .\mhasN'iihi III 1 the liOtli .liine, Lord Salislnirv told him th.it ;iii uri'i-nt lelcij-rain h:iil liorn Cauail.a a weei repls bad bi itb respect to the delay in its c.xpcdit ion, lul thai a en V eceived liv the Secri'tarv of Slate for the Colonies, savini; that the matter wi 11 tal ken up iiniiiedialely. -Mr. White, entirely ujiun thiM' assurances, vetiturod to " lioiie that shortly after , Mr. I'!icl)is' return the Hritish (iovrin- meiit will be in a eondition to ai^rec upon the terms of tlu; jiroposcd (jiiiventiini." -Mr. I'helps returned to London on the 22nd June, two days after .Mr. W'liiti"' interview with Lord Salisbury, and immediately lifter the iirj^eiit lelei,'ram hail ln'i'H sent to Canada. On the 2stli .Inly, .Mr. I'helps had received no assurances from Lord Salis and telegrajihcd the Departniciit of Slate his " fear that owini; to Ciinadian oppo: shall i;el no (Convention."' In a despatch to his (iovernment of the 12th Septciiil rv, lositlnll )i'i' Ik^ related liavin'' had intervi lith Lord Salisbury resneetiiii' the Convi'iitimi. vvliieb he say.s had been " virtually aLrreed upon except in its ibdails." Mr. I'lii'lp* goes on to say: "The consideration of it has been susjiendcd for cominiinicaliou li.v the Jb'itisb (iovi'nimcnt with the Canadian Oovcrnnient, for which purpose an iiitenal of several months had been allowed to elajiso. JJurini; this lonu: interval the atti-'iitim- 477 •ricim (,'li!iri,'i'', licin together. |)iil(' loiu'liinu' it WDllM liiivc , iiirsc bi'twccn Mivrrnincnt.s a i-itti'ii i)li"ili;('. luliii!,' l>ct«rwi tWCCU tlll)>t' III' retraction or iiit, till; iimliT- lisl)urv, was ai> val tlic atti.Miti"!- Lord Salisliiiry linil l)con rrpciitcdly railed to tlie siil)j«'i by the Ainericnii Lc<,'ati()n, isHcr rfci'ivcd rroin liiiii was tliat iin rrjily tntm tlu! anil (III ll Kisf (K-'casions till Ciiiiailiaii aiilliorilies had arrived ! Mr. I'liclps pnw'eds in the despatcli of tlic I2lli Scplciiilicr to say: " I .lifiiin iirosM'd lrin dii His Liirdship, ill ivnlv. did not i|iiestion the propriety or the importance of lakilii; iiieaMires to prevent till' waiitoii deslriietion (d° so valiiahle an industry, in whi<'li, as he r< irkeil, riiiu:land liliil a lariie interest of its own, hut his Lordship slated lliat the CaiKidiaii ( loverMineiit (iliiei'led to aiiv such restrictions, and that until its consent could I htaini'd Her .\lajesl\ ( iovi-riilnent was not wiliiii<; to enter into the ( 'oiiveiitiou. it was thus liiiidly .•lekiiowledi^ed that the nei,'otiatioii into whi(di Lord Salisiuiry had cordially I'lilcreil, and to wliitdi iie had readily aijrced, even hinisidf siii^'ncstiiiu: some of its most viiliiahli' detaih'. was entindy siiliordin:iled t\' Bril isli ships al all times, iiii nil coniniercial errands, tlirou;;li all the waters of the l!(diiii:ii;"s Sea. liut our lo ohjcction \\;is inler|)osed to the cut ran iii'U'otiations, as in Lond on, were si iddenlv liroke )!)■ r or iiiaiiv wei ks l)v th ler position of Canada. When correspondence was resumeil on the last day of A])iil, ir ■•» .Mixed Coinniission of ivxperts to decide ihe (juestions oir. Villi liiaile an .■it issue. Voiir proposition is that p(dat;i(; sealin;» should ho prohihited in the IJehriui^'s Sea iliirin;; the months (d' >L'iv, .June, Octoher, Novemher, and Deceniher, ;ind that there Hill Id he no pridiihition diirim; the months ■Tulv, AuLTUst, and Senlemhi V (uir uitl i|iilsiti nil 111 volved the condition tliat British v cssels s lioiild he alio to kill seals liii Id miles of tlie coast of tlu; I'rihylov Islands. Lord Salishiny's proposition o' was that, duriiiij the same inontlis for wliiidi the 1(i-iiiih (ll'llKllll led. JU'IV! fcLri IS now Mrili.sli v>ss(d liiintint; seals should come nearer to the I'rilivlir. Is ;in the tTth dl< th latitude .ahoiit OOO miU le open season wliiidi vou thus select for kill th(^ one w !un tin; areas armiiid the hreedinvr islands ;ir(> most <'i led with sells, and esneoiallv crowded wi •als, i;oin'' forth to secure food for the liundn Is of thousands of their vouiil' WliU'l tliev have recentlv hecu delivered. The destriiotioii of tin emales, w hich airiinliiiL,' to cx[)ert testimony, would he '.)"» per cent, of all wliiidi the sealini^ viss(ds iiiiijlit I.I tl dily capture, would iidlict deadly loss ii|)oii th e rookeries. The destructit id till' lieids would he dimiiuslied the next vcar hy this wholesale slauuhter of the It' li'iiiale won Id he lollowcd hv the destruction of their vouii'.; on the isl.inds, at iiiHliiciiii,' females and their ollsprii 'I'lie lO-mile limit would ^'ive tl le niarauders the water hv tens id" thons.inds till' v:nii,ii;e j.^roiind for killini^ the se.als that an ^iarcliiiii,r for food. The oi)pijrtuiiity, under cover of fosj and iiii,dit, for steaiii "il'Ullv upon the islands and sliiui^htcriii!;- the seals within a mili- or even less of tl iii'i'iicrs r csid ence, wouh I lar ncrease the .■ii;i,'reLra to di'structi Uiid er Slid th. 'iiilitions, tlie J?ritish vessels could evenly divide «itli the United Slates witi •mile limit of its own shores, and upon the islands themsidves, the whole ad\;iiilai,'e llieseal llshories. The re pect which the sealing,' vessels would |iay to the 10-inile would he the saiiio that wolvril. No course was left to the United States or to Russia but to r(>jo('t tho propositiou, Tlie projjositions made by Lord Salisbury in 1888, and the ])ro|H)sitioiis made liv Her Majesty's ^liuister in Wasbiucfton in IS'.H), are in siiriiiiieanl cnntnist. T|||. oircuinstaiK'cs are tli(^ same, tlie conditions are tiie same, Hie i'iu;bts of tlic I'liitcd States arc the same, in bnfii years. Tlie position of ilinjland lias ehaiiir<'(l, liccnibc tlie wishes of Canada iiavo demanded tlie eliauLre. The result then with wiiich ilic United Slates is e.\])eeted to be content is, that lier rin'lits witiiin tiie nclirinu:'s Sen und on tiie islands tlicn-of ar(! not absolute, Imt are to be determined l)y one of Ihr Majesty's proviiu'cs. 'I'lie Ibitish (oivei'inncnt would assuredly and rii;lif fully comidain if an a;;reemiMit between her [.s/'] IJeprcscntativc and thi' IfcprcsiMitative of t!ie I'liitcd States sliniii(i, without notice, 1)0 brciken otV liy the United States, on the ;;roiind that the St;ite "f California was not williiii; that it should l)e completed. California has a (lovi'niiir elioseii independently of th(> Executive poucr of the National (lovernmcMt. (':ni;i(l:i has a (Jovernor apjiointed by the British Crown. The Leijislature of California eiricis laws uilh whi(di the llxecutive power of the ('nited States iias no ri;,^ht whafevci' »o interiere; Canada (Miacts laws with which the l;\'eeiiti\i' pow<'r nf (Jreat Ibitaia iviii intly to annul. Can the (liivernment of the United States lie expected to accept as linal a decision of the ( levcrument of (ireat llritain tlia! ;in a^•l■eenlent with the I'nited States cannot be fulfilled because the Province of C.iiiada objects 1 'i'ln's i-e\ iew of the cireunistances which led Id the )ireseiit troubles on llic H<'hrinL;'s Sea question has he(>n ])rcseiited by direetinii of the ['reside nt, in order tn show that the responsibility does not rest with this ( lov(Mnnient. The (diaiiu'e "f policy made by Her Majesty's (iovernment without notice, and au^ainsf the \vi> cause of all the dilVerences lliat liavo followed. I am further insiructed by the Pi-csidenl ici say, that while your proposals el ilii' 30th .\i)ril cannot be accented, the United States will continue the neu-otiation in |iii|)i' of reacdiin^ an aiireement that may conduce to a ^ood understandiiiL,', ;ind le.ive im cause for future dispute. In the President's opinion, owinn' to delays for wbieli llii< Government is not responsible, it is too late to eoiudnde sucdt ncn'ot iation in time to .•ipi'lv its result the present season, tic, thenH'ore, pro])oses flint Her Majesty's (Joveninii'iit asiivu- nol to permit the M'.ss(ds (which, in his jud<^ment, do injury to tlw pr(i])evl\ of fheUiiileil States) to enter the H(dirinu''s Sea for this se:ison, in order tliiit time ni;i\ he secured for nei;'olialioii that shall not be disturbed liy mitdwai'd I'veiits, (ir uiiilnly inlluenced by popular aiiitatinii. If this oiler be accepted, the ['resident believes that before another s(>ason shall open the friendly ndalions existinu: bi'twcen the t«i) countries, and the mutual desire to continue them, will lead to Treaty sti|mlritiiin« which shall bo jiermanent, because just and hononr;ible to all ]iaities. 1 hav(-', &e. (Siijned) .f,\MKS (i. [{LAI.Ni:. No. ;{.•• 1. Sir J. I'diiiircfiile lo tlw Mnrqiiix nf Siilinburii. — iRecclrvd June 1 I.) ^^ I'cle^raphic.j H'nxliiinjtnn. Jiiiif Id, l^!'" AS reported in my telejjfrain of the Tth insfaiii. my interview with .Mr. Hliiino nrrnn;;ed for that day was postponed, and, not liavinji- received any further eoiiiniuni- enliou from him, i called at his house yesterday. He tlien informed ine llial llic President was iniwillin<;- that he should prncecd wilh the iie;j;oliatioiis until lie liml niisweveil your Loidship's des))ateh of the l.'2nil ultimo, of which I left a copy with liini on the etii. He wished especially to send a rejily on llie eliaijic that the United Stiitt- Goveiimieiit were now claiming a right which they had disputed when asserted hy Itu'^'-iii before the cession of Alaska. Mr. I51aine promised me this reply before the end of tlu- week, after wliiidi he would be ready to resume our interviews. I complained of the tielay, ])ointin!j; out, the danger of "some untoward event.'' ii'i« again urged hini lo give me an a'-"iranee that while the negotiations were coiiliniinij? there shoe.ld be no i'lterferenee with oiii vessels ; such assiuiimc be declined tii Sivc, but he said there was lillle likelihood el an\ thing of tlie kind haiipening hef'ore .Iiili". ! think tliiit tin' protest contained in your liordsliip's despatch of ilie -ilih ^1")' should he si'nt in before the Hcvonue euttcra arc beyond the reach of instructions, 479 subject to your JiOrdsliip's approval, I propose to .send in the protest on llie 14th iu>iaiit, informing Mr. Biaine tlint I have dcit'orred doing- so until the last moment. Z>'o. !{;■)."). Sir J. I'aiinci'fotr to thr Miirijiiis of Sdlishurij. — {liccrlvi;/ June II.) (IVIcirrni'lii*'.) IVnshiiujtnii. Juiip 10, JisDO. \ I till' interview Hitli Mi. Uhiiiif mentioned in my innnecliately jneredinp; I. io:;nnu. reierrinj!' to iiis note ot llic 4th instant,* I .stated tliat your Lordship rciirelted i!i;it liie President shoidd think you wanting in <'oneiliali()n, tiiat this was probahly due til liin licinj,' unaware that hy lirilish Ian lela(ioii was necessary het'ore any British v(•^^ul coiilil he excluded from any part of tlie hijifh seas. Le2;islative sanction was also re(juired for any measures necessary for the jireserva- liuii 111' the seal species, and Iler Majesty's Government have alwiiys heen williuf;' to negotiate fur the adoption of such measures. .\m rej;;irds the expressions attributed to your Lordshij) hy .Mr. lUaiiie in liis note, I iiit'oiiiied hiiii that you did not reeogidze them, and that you certainly did not tliiidv M.ii I'liidi! have used them in the context mentioned. \o. :}")(). Sir J. Piiiiiiri'fdif ill llic Miiriiiii.i of Si/lishiin/. — (Siihutdiici' li'lfi/riijilicil, Jiiiin 11.) My Lord, W'tiMn/jlon, June 11, 1830. I II.VVK the iionoiu' to inclose copy of the note I'rom .Mr. Itlaine referred to in my i(ii.^r:ini of (o-day, toi;ether with a copy of the reply which I have returned thereto. I have, &c. (Signed) .IILIAX F,\II.\CEF() TM Indosure 1 in .No. :{.")(). Mr. litaiiie to Sir ./. Puuuccfnte. Sir. " (IV(\///)ii//o,'/, ./«//(■ II, IS'JO. I lIAVl'j shown to the President the extract from the telc<,nam of Lord Salisbury "I tile !)th Jutte, in which his Lordship states that "it is beyond the power of Her Miijo4y's Government to exclude British or Canadian ships from any portion of the high M':i>, even i'or an hour, witlii>iit legislative sanction." Not sto])piiiu- 1(1 ('(unnuiit upon the fact that hi> Lordship assumes the waters -;iirir,uidiMg the I'ribyliilf i^-lands to he "the high sea-," the President instiucls ine to Niy that it would sali^ly this (iovernment if Jjord Salishuiy would, by ])ublic Proclama- liiiii, >iinp'y re-hinds to ho the higli seas, the President instrucls you to say that it wouhl satisfy your Government if liord Salishury would, hy jmhlic Prochiniation, simply request that vessels sailin:,' under the Hritish flaj^ should alistiiin from enterinc; tiie ]5ehriny;'s Sea for the present season. You add, if this recjuest slialiljc complied with, there will he full time for inijiartial negotiations, and, as the l're>iiic'nt hopes, for a friendly eonclusion of the diil'erenccs between the two (Governments. I liave telegraphed the above communication to Lord Salishury. and I a»ait liis Lordship's instructions thereon. In the meanwhile, I take this opportunity of informing you that I reported to his Lordsbii) by telegraph tiiat at the same interview 1 again pressed you for an assurance that Mritish sealing-vessels would not be interfered witli in the Hehring's Sea by United States' Revenue cruizers while the negotiations conlinued. but you replied that you could not give such assurance. I trust this is not a fmal decision, and that, in tlie course of the next few davs. while there is yet time to communicate widi the Comnianders, instructions will lie i-ent to them to abstain from such interference. It is in this hope that 1 have delayed delivering the formal protest of Her Majesty's Goveriinient announced in my note of tlie 23rd May. I have, &c. (Signed) JULLVN PAUNCEFOTK. No. 357. The Marquis of Siilinburi/ to Sir J. Pauncefote. (Telegraphic.) Forclfjn Office, June 11, 180l>. IX reply to your telegram of yesterday, you may present the Protest. No. 358. Sir J, Pauncefote to tif Marquis of Salisbury. — (Received June 12.) (Telegiaphic.) IVaMngton, June U, ]i^W. WVjVVAUU^iG to my previous telegram of to-day, I presume that Her IMaiesty^ Government have no objection to refer to arbitration the question of the legal right uf the United States' (Jovennnent to exclude I5ritish sealing-vessels from Behring's Sea. If this bi' so, I should be glad to know whether they woidd consent that the proposed Proclamation should be issued on the expres-. conditions that the United States' Gnvirn- nient shall not interfere with our flag this season, and, if the award be against tlicni, sliall at once pay damages for p a^t interference, and compensate ISritish sealers for losse- sustnined liy them in complying with the I'roclamation. No. ;!.•)!). Tlir Mintjui.i nf Salishury to Sir J. Pauncefote. (Telegraphic.) l'hr,'i,/n OJfier, June 12. l^no. I\ reply to your telegram (A' yesterday, I have to state thai Ibeie are serious ccn- stituliona! iliHiciiliies in tlie way of your ])roposal. Hut it might save time i I', without prejiiiHce to either side, you could :isk tin' Govei'ument of the ('nited S',.;'"s whelber, supposing Her Majesty's (iovei'niiieiit wiTi' to aLrree to issue a I'melaniation, ami as to it- terms, the United Stales' ( loverKiiii'"! will agree to the three conditions formulated by you, naun-ly, to refer (he legality "I their jiriieeedings to arbitration, to abstain from any intirlVreuee with the Uritish ilau-. aii'l. in ease of an adverse awaid, to pay for damages resulting from tliu ProehinialioTi. No, 300. The Marquis of Salisbury to !iir J. Pauncefote. (Tcl(':;rni)liii'.) iUll'EHUlNG to my terms on tin's proimsal we foUowin;,' : — "AVIicroas, the United to ailiitrafion tlio legality captures of Uritisli vessels i ('ni;a;,'i'(l il' tiie award slioi past iiitcrlVreiice, but for ; on this Proclamation. Ca (iurins,' the present season Foreign Office, June 12, 1890. previous tele^'ram of to-day's date, if we eould come to would sui,'gost some such kind of I'roclamation as the States and Her iLajesty's Government have a,i,'reed to refer of the action of the United States in makin;,' certain n the Uehrinsj's Sea; and whereas the United States have dd he adveise to them to pay compensation not only for my loss arisin:^ from abstention from sealim^ consciiuent ptains are hereby requested not to seal in Jk-hriug's Sea No. :{(;i. Sir ,/. Pauncefote to the ifarqttix of iSalisliuru. — [Peceived June 1.3.) My bold. WashiiKjton, June 15, 1S!)0. I H.W'IJ the honour to inform yoiirLordslii]) that, since the receipt of .Air. IJlain(?'s note of tli(.' 20th ultimo, informiui^ me of the rejection of the draft ("onvention by h.'s Government, I have l)een in constant communication Avith him, with the view of coiniiii; to s!^^8 he oll'ered to make permanent." Your Lordship will observe that the above proposal is identical with that contained at the eon<'lusiou of ilr. JJlaine's note of the 2!(th ultimo. In view of tlic receipt of your Lordshijj's teleijram of the .'Hst xdtimo, and ill order to save time, I at once wrote a note, a copy of which is also inclosed, to Mr. lilaine in rejily, in which I informed him that Her ^lajesty's (Jovernmcnt wen; not prepared toagrcjc to such a llei^ulationas was siii^gesteil liy .Mr. Blaine. I have, &c. (Signed) JULIAN PAUNCEFOTE. Ineiosnrc 1 in No. lUil. Mr. lilaine to Sir J. Paiinrefotr. -My dear Sir .liiliaii. Department of Slate, IVusliinijton, June 2, TSOO. f ILVN'M liiid a pi'olonijed interview with the President on the matters uiion nhic'li ue are endeavouring to come to an agii'emeiit touching the fur-se,d question. Tlie President e.vpresses tli(> opinion that an lU'bilration could not be concluded ill time for this season. Arbitration is of little value unl(>ss it is conduet(.'d with tlie must careful deliberation. What the J'residont most anxiously desires to know iswlietlier Lord Salisbury, in order to promote; a friendly solution of the ([uestion, will make for a single season tlic Itegulalion which in ISSS he olTcred to make |ierm;inenf. i'lie IVesjdcnt regards that as the step which wilt lead most certainly and most proniiiljy to a friendly agrci'uient between the two Cioverninents. I have, itc. (Signed) JAMES G. BLAINE. (12HJ 3 Q 482 Inclosuic 2 in No, 3(51. Sir J. PauHct'fotc to Mr. Blaine, JJi-ar Jh". Blaiuo. IVdsliiiti/loii, June 'i, 1S!K). IN reply to your letter of yesterday eveiiiiis^ toiieliiiii; flie rui'-seal ([uestioii, I 1k'|^- to state that I am in a ])ositiou to answer at once the inquiry •• whetlier Lord Salisl)urv, in order to promote a friendly solution of the (lueslion, will make Tor a simple season tlip Regulation whieli in 1888 he oll'ered to make permanent." The words whieli I (juote from your letter liave reference, n(» douhl. (e tlic projjosa] of the Tnited Stales that 15ritish sealinu;-vessels sliould he entirely excliulwl from the BehriuLc's Sea during the s<'al iishery season. J sjiall not attempt to (hseuss here wliether what took jjlaec in the course of the aliorlive neu;(iti:itions uf ISSS amounted to an offer on the part of Lord Salisliuiy " to make sucJi a re2;ulatioii permanent." It will sxilliee for the present jjurjjose to stale that the further examination of tJie question which has taken place has satislied his Lordship tliat sueli an e.vtrcmi' measure as that proposed in 1888 ijoes far lieyond tiie i'e([uirements of the case. Her Majesty's Government arc quite willin;jf to adopt all measures whieli shall he satisfactorily proved to be necessary for the ])rescrvalion of the fur seal spi-cies, ami to enforce! such measures on Jh'itish suhjcets by ]u'i)])er IcL^islation. But they are not ])repare(l to aii'ree to such a res^uiation as is smxjjested in your letter, for the present Iishery season, as, apart from otlier considerations, there would be no legal poAver to enforce its observance? on Britisli subjects and British vessels. I have, ite. (Sit-ned) .TULIAX i'A IJXCEFOTE, No. 362. Colonial Office to Furciyn Office. — [liereiced June 14.) Sir, Doiunintj Street, June 1,1, 1890. 1 AM directed by Lord Knutsford to transmit to you, for the information of tiic Marquis of Salisbury, a copy of a despatch from tlie Govcrnor-CJeneral of Caiiada, forwardinf^' a claim from the owners of the "Pathfinder" for the iletention of that vessel at Xeagh Bay in March last. I am, &c\ (Signed) EDWARD WINGKIELD. Inclosurc 1 in No. 3(52. Lord Stiinlei/ of I'renlon to Lord Knut.iford. My Lord, dnverniiient Honxe, Ottawa, Mai/ 20, IS'JO. I lIAVI'j the honour lo forward herewith, for transmission to the United Stuto' authorities, a copy of an approved Minute of the I'rivy (.'ouncil of Canada, to which is attached a formal declaration of the managing owner of the Hritish schooner " Path- finder," setting forth the particulars of the seizure of that vessel in Neagli Pay, in the State of Washington, by the United States' Revenue cutter "Gorwin," and jirefcrrinij a claim for damages to the amount of 3,000 dollars against the United States' Government in consequence of the said seizure. Your Lordship has already been informed in the Deputy Governor's despatch ot the 2.3rd October last of tlie circumstances of the former seizure of this vessel in Behriug's Sea on the 27th August last by the same United States' cruizer. I have, &c. (Signed) ST.VNIiEY OF PRESTftN. 483 cli shall be iCL-ics, and tn Inclosure 2 in No. .'»62. R('li(irt nf II Coir.mitlne nf tlir Honoiirnble llie Privii C'oiniril, iiiiprornil hi/ iiin Errfllmaj the Governor-Ganrral in Council on llip I2lli M»y, 18!J0. ON' a Keport dated tho 2:!rd April, 1S90, t'roin the ^linister of ^rariiii." and rislicrics, sulimittiin;', in connection with previous IJeports on tlio siihjcct of seizures of ]5ritish fisliinii-vossels in the Behrinjj's Sea, -uid more partioularlv with referenec to tlie Minute of Couucil approved hy your Excellency on the 14th Septenilicr, ISHO, dctailin": the circum- stances (it the seizure of the sciiooner ' I'athrmder," a formal declaration of the manauinj^ o'vner ef the " I'athlinder," in which are set forth particulars of the suhse(|uont seizure of (he vessel in Keauh l]ay, in the Stale of Washinj^ton, United States of A.morica, on the c'venini;- of the -JTtli Marcii, 1S90, hy the I'nited States' Kevenue cutter "Thomas 1). ('(iruiii;" the Comniander haviiii;- recoi;iiizi'd the '' I'alhlinch'i- " as a ves-e! which iiad licen soi/.ed in Hehrin^'> Sea (hirini;' the ])revious year. Till' " Palhtindcr " sonj;ht .Veajiii Hay tiiroui^h stress of weather, and was underj^oirg ri'iiiiirs at the time of lh<' second seizure, 'i'he vessel was towed to Port Towtisend and lihiceil in charne of (itli(!ers from the Picvenue cutter, until released on the afternoon of the L".ith Marcli. The Minister further stdimits a claim advain ed hy Mr. W illiani Munsie, of Victoria, l!iiti>li Cohimhia. merchant, as nninafrin;;- owner of the vessel in question, amounting to I'l.OOl) dollars for loss resnltini^- and expenses hy reason of the seizure. Tlie ('(immittee on the recommendation ol' the .Minister of Marine and Fisheries, ;iil\i>e that your Hxcclleney he moved to forwan' a copy of this .Minute, together with the piijier lieiewith, to the Right Iloiiourahle the Secretary of State for the t'olonies, for ininsinissiou to the Government of the United Stales. .\ll which is respectfully suhmitted for your Excellency's a|)proval. (Signed) J()H]S J. McCKE, ('lerl', Privy Conniil. Inclosure 3 in No. 'M\i. Dirlariilion of ^fr. IV. ^fllllxip. lloniinion of Canada, I'rovince of ISritish Coh.nnhia, f'ity of \'ictoria. 1, WILlilAAf MUNSIE.of the city of Victoria, in the I'rovinec of British Columhia, nil reliant, solemnly and sincerely declare as follows: — 1. I am the inan.iging owiirr of the hereinafter mentioned schooner •' Pathlinder," iliily registered at (lie jiort of Victoria aforesaid. '2. 'file said schooner is employed exclusively in the sealing husiness, and lel't the poll of \'iciciiia on or ahoiit the ITlh .lanuan- last on a scaling voyage along the Paeilic "last, sniilh of Vancouver Island. ;l. On or ahout the *lli I'^ehrunry last the ''Pathfinder" returned to Victoria tor ri'piiirs, and sailed again for the same purposi" on or ahout the I'Jth Fehriiary last. ■1. On orahmithie-Jlird day of March last, when off Cape Flattery, the'"' Pathfinder" I'liceuiitered a storm and hecame di^ahled bv the hreaking of the tiller-hand, and was I'liii'il to liuil shelter in the nearest harhour. Xeagh Hay, in the State of Washington. Iiiiteil States of America, lying ahout 9 miles from Cape Flattery, The " Patlilinder " .iiii'lKired ill Xeagh I'ay on the I'tith .March last. On the evening of the liTtli .March, while >till lying ill said hay. undevgoing repairs, an otlicer from the United States' Revenue ('inter "Thomas I). (Uirwin," iioardcd the " i'athtinder '' and askeil for the shi|)'s ]iapers. I'iiose were handed (o him, ins[)ected hy him, and in reply to a (piestion hy the captain of lilt' •• i'alhlinder" as to whether they were all right, he rei)iied that he woul 1 report to Hie • 'ii|)tain of the cutter. Next nmrning the Cajjlain of the cutter sent an otlicer on hoard 'lie •• Pathlinder " with a reipiest that her ca])tain would go on hoard the cutter and take lii^ jiiipers with him. The captain did so, and after looking over the (lapers the Captain "I tile cutter said he recognized the " Pathlinder'' as a vessel which had heeii seized last voir, and tiiut he must detain iier, as the law must he maintained. He then ordered Ih'; •iilitaiii of the " Pathlinder" to heave his anchor, and said he would take the " Path- linder ' to (he nearest telegrajdi .-.lalion, which was Port .\iigeles. 'i'lie captain of the " I'atlifmder " iirotested aiiiiinst being removed, and declined to hoist anchor. The flL'S] 3 g 2 481. Captain of tlic cutter replied that if lie did not hoist anchor men would he sent from the cutter to do so. Upon this the captain of the " Pathfinder" went hack to his vessel and ordered his men to heave the anclior up. The " Pathfinder " was tlien taken in tow hy the cutter, and taken to Port Townsend. At that ])lace two oflicers from the cutter were placed on board the " I'athfinder," and remained in charge until the "Pathfinder" was released. The captain of the "Path- finder " entered a protest from the office of the Collector of Customs, Port Townsend, and als,) liled a protest with the Captain of the cutter. After doiii"; so he was per-iuaded to withdraw hoth protests until reply had been received from Washington as to what disposition would he made of the " Pathfinder." 5. The " PathliiuKn-" was released on the afternoon of tiie 29th March last, and arrived at Victoria aforesiiid on the morning of the 31st March last. 0. By reason of the said seizure or detention of the " Pathfinder," her owners have lost at least .1 week of tlie best ])eriod of tiic spring seasons for sealing. In consequence, also, of tlie seizure and detention, a numl)er of the crew of llie " Patlitinder '' liave deserted, causing inconvenience and loss in lilling their ])laces. 7. In respect of tlie said seizure and detenfion, and of tlie losses thcrehv residting, and for the expenses incurred hy reason of such seizure or detention, 1, as manai,'ing owner of the " Pathfinder," claim of and from the (Joverninent of the United States as damages fhe sum -'5,000 dollars. And I, William JNIunsie, make this solemn declaration, conscientiously believing the same to he true, and bv virtue of the .Vets respecting extra-judicial oaths. (L.S.) (Signed) WM. MUNSIE. Declared at the city of Victoria, liriti^li Columbia, this :)rd day of April, a.d. 1890, Before me, (Signed) .\uTiiiiii L. Bki.vka, A Notary Public hij Roi/nl Aiilhorlli/ In inid fur tiu- Prorinsp of lirlllsli Colimibin. So. 303, iS/r ./. Pnuiicotnle lo the Mnrijiiis of Snlishiiri/. — (Rereivi'd Jnni' Hi.) My jjord. Wiiiliini/liiii, June ^t,^f^'M. WJTII refereuee to iiiy despatch of the 3rd instant, J have the honour to inclose copy of a further note wbit-li 1 have received from Mr. Mlaiiic on fhe sidijectof the proposed exehisiouof JJritish sealers from Behring's Sea during the present season, together with the reply which I have sent thereto. I have, ..tc. (Signed) .1. PAUNCEFOTE. Inclosure 1 in No. 3()3. Mr. Blaine to Sir ./. Paunrcfolr. Sir, Department of Sliile, iVnsliimjIon. June l, IH'JI) I JIAVE yoin- favour of the 2i!d instant. The President sineendy regrets fliaf his considerate and most friendly proposal for adjustment of all troubles eoiuieeted with tlie Hehriiig's Sea should be so promptly rejected. 'J'lie ])ai'agraph iii your note in wliicdi you refer to l,ord Salisbury's povjtioii needs explanation. I (|Uote it in full: — "It will sufllee for the ])reseiit purpose to stiife, that the I'lirther e.\auii nation nl the question wliieh has fiiken jdaee has satisfied his Lordship that such an extrcinc measure as that ])i'opostion" that "lias satisfied Ii(U'd Salisbury that such an extreme measure as that |U'oposed in 1888i;ot'S far beyond the re([uirements of the case." I only know that fhe most extrcnii' measun! projiosed came from Jjord Salisburv himself, in sugLresfiiii; a close season as far south as tlie IZtli parallel <>( latitude. fo"last from the lotli April to fhe 1st October in each year. ivpresen It 10 mile: young, j sealing. If that at (iiKM tlicy wi I'liiteil Till "11 al tlioiis; Similar the wi pi'odiKM oceans lii'CJiuse 'iovcriii |H'rlia|is a valii:ii I thf ;!0|| tol;il nil tlic lot;i Mr. Till >ioiK I'l.'iiiii, II ll liiii He ;in. ( incroas,. II M'als ill Hill 11(11 oflicial rt^jicctl 48.-) ' owners have At (Ik; close of his nog')tiiiti()iis witli Mr. I'liclps, in .September 1888, liis Lordship, .still Hiiprovinf^ the " measures to prevent the wanton destrnctioii of so valuable an indiistrv," (li.'clared, apparently with reirret, that ''the Canadian Government objected lo aii.v such i'(!strietions " {i.r., as those whieb bis Lordship had in part ])ro))osed and nlioily approvi'd), and ihat, " until its consent would be obtained, iter .Majesty's (liivcnnnent was not willini,' to enter into tiie (.'on vent ion." It is evident, tlierefore, that ill b''*^'^ Lord Salisbury abrujitly closed tlir ii(>i;otiatioiis because, in his (Avn ]ilii';i>i'. ' till! Canadian (lovcrnnieiit objected." Me assii'ued no other reason whatever. ;>ii(l, until yom- note; of the tJnd was received, this (iovernnicnt had never been informed tiiat liis Lordship entertained any other objections than those ''xpressed in Si'pten;ber 18SS. It is pro[)er to recall to your recollection that nt divers times in persmial eonversa- tiiiii I have proi)oscd to you, on beliaU' of this Covcrnnient, a close season materially slioiter in ])oint of tnsie (ban was voluntarily olfcred by Lord Sidisbnry, and much less cxtciided in point of spae<\ fnstcad of i^oini,' as far south as the 4Ttb parallel, I have fivi|iiciitly indicated the w illin^'ness of this (Joveriiment to take the dividini^ lino lii'lwi'cn tiie l';icilic Ocean and tiie l?chrinu;"s Sea — -the line which is tam^'inil to the siiiitlicrninost island of (In; Ah>utian j^ronj) — bein;,' as near as may be the .jOth [)arallel of north latitude. Marly in .Vpril you will remember that you suifijestcd to mc the advantage; that mii;ht follow if the sailintj of R(!venun cutters for Jk'hrini^'s Sea could be post|)oncd till the middle of May. Thouijh that was a ni.'itter entirely under the control of the Treasury l)e])artuii'n(, Secretary Windom ))romptly (;om]died with ycnu" request, and liy tiic President's dir(M'tion a still Ioniser postponement was ordered in the hope that sdiiii' form of equitable adjustment mii;lit be proposed by Her ^fajesty's Government. Even the Ivevenuc cuttm- Avhieh annually ])asses thiTjii^h i{ehrinu;'s Sea carrying sui)]ilies to the relief station at Point Barrow in the Arctic Ocean — 72nd deijree of iKirtli latitude — was held back, lest her apj)e;iran.c(! in Hchriui;'s Sea mii^ht be mis- ropresented as a non-observance of the understandini^ between us. It is perfectly dear (hat if your claim for J5ri(ish vessels to kill seals within 1(1 miic' of the I'l'ibylolV Islands, directly after the mothers are delivered of tiieir ynuii;;, should be i^i'anted, the; Hehriiii^'s Sea would swarm with vessels enu:ai,'ed in sealing', not forty or fifty as now, but many Inindrcds, (hrouj:h the summer months. If that ])rivil(!i;e should be u;iven to Can;idian vessels, it must of course be conceded .it (iiice to Anu'rican vessels. If th(> rookerii's arc to be thrown o])en to Canadians, tlicy Would certainly, as matter of common rii^ht, be thrown o])en to citizens of the I'liileil States. The seal-mothers, which re(|uire an area of fi'om U) to .")() miles from the islands nil all sides to secure food for their youni;, woidd be slauufbtered by hundreds of tiioiisands, and in a brief sj)ace of time then! would be no seals in the Uehrini;'s Sea. Similar causes have unif(U'm!y jiroduced similar elVects. Seal rookeries in all parts of tiip world have been destroyed in (liat way. The ])resen( course of (ireat Britain will )ilii(liice the same elVect on the only seal rookei'V of any ^alue left in the waters of the (lecaiis and seas ol the t^hdje. The I'nited Stati's have leased tiie ])rivili'u;e of si.'alinij; lii'canse only in tiiat way can the rookeries be pres^•r^■ed, and only in tlia! way can this lliivi'iimicnt derive a rc\(nue from the I'ribylotf Islands, (ireat Ib-itain wo:ild iiorliaps i^faiu .something' for a few years, Init it would be at tlu^ expense of destroy inn; :i viihiahle interest bidon!,'int? to a friendly nation, an interest which the civilized world desires to have preserved. I observe that you (|Uotc Treasury Ai,'en( George IJ. Tiiiijle, in your despatch of till' l>()||i A|iril, as showinii; (hat, notwithstandiii!,' tln' depredations of ni.'iraudcr.s, the tiital iiuiiilicr of seals had iiicnvisi d in the J$eliriny;'s Sea. The rude mode of estimating till' Intal number can readily lead to mistakes, and other at;ents have dilT'jred from Mr. Tiiiu'lc. But, asiih" from the correctness or incorrectness of ilr. Tingle's conelu- Miia.- nil that point, may 1 ask upon what i^'rounds do the Canadian vessels assert a il:iiiii, unless they assume that they have a title to the increase of the si'.al herd 'r If llii' claim of IIk; Tuited States to the seals of tiie i'ribylotf Islands be A\(dl foiind(Ml, wi' ail' eer(aiiily entitled to the increase as mutdi as a sheep-grower is entitled !i) the increase of his lloek. Il.iving inlrodiieed Mr. Tingle, who has very extensive knowledge touching the ^'■als ill Hehring's Sea, as well as the habits of the Canadian marauders, I trust you ^vill uiiv discredit his testin ony. The following statement, made by Mr. T'iiii,'le in his oflieial Report to the Treasury IJcpartnuMit at the close of the season ol ISSJ, js fi'^peet fully eoiumciulod to your consideration: — iSC " 1 am now eonviiicod, from what [ gatlier in ([uostioning tl\o mm bolonifiii'^' to I'aptnrcd sclinoticrs, and from rcadinLf tlio loi^s ol" the vnsscls, that not more llinii one seal in Iru kiUcil and mortally wounded is landed on tlu; boats and skinned ; llius you will sec tile wanton dcstj'nction of seal lil'c without any heiu'lit wiiatovcr. I (liink 3(),0(t() skins (akon this yoai' is a low ('stimate on this l)asis; ;50(),()()() fur-seals wciv killed to secure tliat num'ner, or three times as many as tiie Alaska Conuiu'rciaj Coinpaiiy are nlioweil by la\\ to kill. You eau readily see that this ^,n'eat slauLtiitci' iil' seals will in a few years make it impossible for 100,(1(11) skins to he ta!.;|;mi|< by the lessees. 1 eariu'stly hope more rin'orous measiu'es will be adii])ted by ilic (iovernment in dealiuii' with these destructive law-breakers." liolli of ^!.r. 'rin;ile's stat.enu^nts are made in his ollleial capacity, and in Imlli cnsi's he had no temptation to state anvthinu; ex :ept what he honestly bidie\cd to be tlic truth. 'I'be {'resident alei's should be excluded," lu) opportiniity was a ITorded nu' of discussim,' tin; (piestion bel'ori! the proposals of Her ^Majesty's (iovernment were summarily rejected. I may mention also thiit 1 fear there litis been some mi.sapprehen.sion as rei,Mf(ls :i request wliich you ap|)e;ir to have understooil me to make resjiectim^ tlii' dtite of tlii' sailinn' <>f rm'teil States' Jieveniie eutter> for H(diriiu;'s Sea. I have no recollectiDii of having' made .any siiifLcestion with reference to those lievcmie cutt(;rs, except tliiit their Commandei's should receiv(; exiilicit instructions not 1o apply tin; Munici|)al ha"' of the L^niled States to liritish vessels in ISebrinn's Sea outside of territoriiil waters. 1 have, &e. (Sii^nied) .7. I'AUNCEFOTK. No. 304, Colonial Office to Vorciijn Office. — {Rcirived June 18.) Sir, Downhiij Street, .Tune 17, If^OU. 1 A.\I in<^ti)ii iind (*<>. . . 03 7 23 482 828 1,310 13,100 AiKiii- C. Moore , • C. llaeliott 213 ( 23 H02 1,31H 2,120 21,200 I.ilv Morris Moss 70 IH •11 500 532 1,032 10,320 l'nn>](t|i- ,. 7n 6 21 3»1 1,709 2,180 21,800 l.m im 13 20 280 74 354 3,540 Sujipliiii' K. ]i. Minvi,, 123 25 52 1 .30 1 1,020 2,9!I0 20.900 Aumiii Ailolpli Waslmru- 41 13 38 810 8H1 8,109 •'iiariitu . . , , Hall and (incprl 40 13 2 'J 135 29 101 1,040 Ariel K. W. liuekniuu 'JO G 22 931 1.400 2,331 23.340 Kiili- C'lia". .SprinK 58 10 •, 1 021 800 1,121 1 1,240 lav.iiiti- ^ -n 10 25 340 1,704 2.104 21,040 Mii-ji.' Muck J. D jdrt . . 70 25 777 1.200 2,007 1 20,070 W. 1'. SiivwurJ J. I). Warren 53 12 20 •JUi 1,043 2,200 22,000 Miuiiio . . . , Victor Jaeobseii U 10 21 200 500 700 7,000 M"mitiiiTi Cliiff .. ., • . 20 5 13 210 .. 210 1 2,100 \\ iimiiTcr , . , , II. I'ayton. . 15 15 178 , , 178 ■■ 1,780 llU'k Diimiond M. .Moss ,. HI 12 20 029 55 CS4 0,840 Utiitript- , . , , Wm. Grant 67 7 22 500 700 1,200 12,000 sinra , , 10 t> 5 80 , , 80 800 \^ iiiil'iv.l . . • • 10 2 5 0'> •• 1 22 220 1,1!)!) 213 550 12,985 I0,,585 ' 29,570 , 295.700 Sii-ipiicr riiiii;lil liy sealing tloet, 15, ill 100 dollars each I'stlniati III' .seals |)urelii>scd t'loMi Iniiians neii-oUir purcliasicl fro:ii Indians, 100. at 100 dollars each hair seals. T.MOd (iriind total liy (.'aiiiidiiin vessels ,. 4,000 1 .500 10.000 10,000 2,025 33,570 349.825 48S ' Fcii-Sn.M.s caiij^rht by Foix'ij;:n Vessels mid disposed of in Victoria, Jlritish Columbia. NuiuIh r i>l' NninbiT of NniiiL' (il Vcf-Ht'l. SeiiU ciuiulit on Hrili«h Cnluniliin iMKist. SwiIh cmiyht in Bclirin;^'« Sc.t. Toti I XiinibiT • .Soiri». 'I'ntal Viiliu'. I)oll«r*. Walter 1.. i;ic!i ., . . .\na'i'ican 1,1 lil 1,1 111 It.l.iil Sun I)i('i4ii (i'.l .. 61) ll'.IO T. 11. I.cwi- L'42 • • 243 2,120 Vrnliiie .. .■(17 317 .■1.170 Allii' S. .Mu'.r 2,0:1 iifiil 2..').'!0 Huirv liinins IS 700 718 7.180 Lottie , J (•.2.1 (123 0.2.10 M(,llio .\il:im« , , 1,'>5.1 i,r,r,:i M.fillO Bessie Itiil-fi- , , .V.'.i .'.2.-) ■1,2.10 AiUk' . . . . (u'niiiiii ■ foriM^^iicrs 2111 l.ir.7 1,707 1 7,070 Tot il li. 2,^")S 1,S7U 7,42H ri.2»o It will thus 1)0 st'i'Ti tliiit tliiMT are iiioi^e vessels in (lie trade than last year. This was on aeeoimt of an antieipatod settlement of the ikdirinif's Sea ((iiestion. The vessels had licen iirevjoiisly pnrehased on the Atlantie eoast for the ])nrpose of proseciitiii;; this trade in I5elirinn''s Sim, hnt when tliey reaelied this coast and found the t, 1 am anxious to have shown me the tonnaj:;c and rij; ol' Ihe vessels, nnnu's of the captains, numbers of their crews, and the names aiul addresses of their oiuiers ; and I further ref|ue>-t that ihe Collector of C'lislnms may be directed to give nic • very a,--sistaiice in j-ctting the fullest information possible. I have, &c. (Si-ned) II GREY HULTO.V. Inelosurc •') in \o. ;5 ■1 Walter I-. Uich .. II. V. Siiwiiil .. 7') 23 .1 OivmUdlf \V. (). I.u.iry .. sr. 23 i'> Villi iiri' . . J. Mil.. ml 4S 4 7 \V. 1". Savwaril .. (! It. IViov .. 10 7 H .Sra l.irjM . . . . . . ,. K. Ma^iH'si'ii , , , . .10 21 '.1 'riiutii])!) . . , . . , . . ('.(•<»; OS 20 III M .•.'•„'H. Mack .. .lolin .M. DmM .. 71 21 11 Minnie .. V. .lanths n . . . . 16 10 \2 ^ap])hin' . . , . . . . , \V. Cox f.'li '■» l;i iM iiy 'J'uvliir .1. I)a>rii|)nit . . •l.'l :t II l.ilv a. .MeD.naM ,, 60 G l.i .\iiioia . . !•■. Ilaro.l 41 4 n; I*> ni'Iopt' . . . . , , , . .\. C. {•'..l-er .. 41 20 17 TiuTi'sa . . ., .. ,, ,, .lolni Sliili- til :;3 IS l''aM)riti.' I,. McLean lU C 1') Vi>a .. \V. i;. li.iker ,. 92 23 20 M.irv Kllcn II .Mel.ean Cil 27 •21 Muuiitaiii Cliii r .. .Innies NeHa«siim (lndiniii 2 1 5 ■22 ^'t'l'i.i ,, ,. ,, ,, ,, 'I'liiis. C'leetiiuillet (Irnliai.) 2.i r, 21) Knic O. 'riiomuM .18 5 2i Wniidcrer . . . . . , Ily. I'axion 26 Alinnt to clear. [128] The before-mentioned nil of Victoria UcgiBtrj-. 3 11 4'H) These last-incntioncd ni Registry at Ports named. No. Schdimcr. MuHtrr. Tiinii. Crow, 2S •26 27 2H Annie C. Mimri' . . . . .. Avii'l ('. II. Tnp|KT Hcutri V , . . . . . .. ('. lliu'kitt, nl' Slirlbuuiiic, Nova Sc.tin .. .loliii Itiilly, of St. Jo!iir«, N(>\vt'rinn.n1 ■ ■ ■ ' No. 36fi. 77i'' Mtirinns of Salishuri/ In Sir ./. Paiincefote, i.'.M.'t Sir. luirnijii O/firf, .Tuvf 20, 1890. I ll.W'I'l to iifkiioHlcdifi- your fl('s)m(('li of tho .lOlli ultimo, inrlosinir <""|)y of ii note from Mr. niiiiiic. diitcd tlic L'iitli nlliiiio. It i'oiiliiins ni'vciiil ri't'crc'iiccs lo coniuiuniriitions wliirli im^scil hftwot'ii tlio two ( IdvcMiiinculs in the t inn- of Mr. lUaiiic's prodcco-isor, c-pi'i'ially iii the s|)riiii;' of 1HH8. Willioul ri'fcrrin;;- at prosi'nl to oilier |)ortion^ of .Mr. liliiinc'n note, I "ish only now to jioitd out sonif iMTor in tlio iniprcssiniis which hi; 1ms itatlicrcd from the rt'cord-; in IiIh iillici' with rt's)ic'cl to those coniniiiiiicatious. lie states Ihit on tho ii'tnl .\](ril of :iiat year I iiilornuMJ the AincriiMn Char^t' dWlliiircs, .Mr. White, that ii w.-is i)ro|)i).sed ♦ii ^ivc I'lIV'ct to a Seal Coiivcntion liy Order in Coinieil, not liy Ai'l of I'arliainont. Tlii'* "as a mistake. It was ver\ naliual that .Mr. \Vlii(e siionid not have approliended iiu' eorreetly \\ hen I was (U'seriliin;; the soinewliat eoni])li(':i(i'ii arraii^cinenls hy which Vurienn'nis of this kind are liri)ii;;hl into furee in I'^inland. Hul Imo rd A])ri) lie eaHed to make in(|iiiry on the suhjeet, and. in re|ily to his i|iR-ti(iii,the i'olio»iK;^ letter was addressed to liiiii hy my iuslruetioiis :- - .Mv dear Whiti /'> Lord Salishury desires nie lo ex])ress his re^rret that h ■uji q/pr llin 1888. it yet in a position to in.'ke any furiher connnunieation to you on tiie siiliject of the seal fl^lu'ries in Ueiiring's Sea. .M'ter ii!-. interview witn yon and .\l. do Staal lie had to rehr to tlu> (,'anadian (Invcrnuient, the Roard of Trade, and the Admiralty, hut lias as yet only ohtaiued the o])iniou of the Admiralty. The iio.\t step is lo hriui;- a liill into Parliauunit, On the 28lli Mr. White replied :— BarriuKton. Yours, &i (Si^fiied) " l-^iiic !3.MU{i\,rl,,,i OJfIn; April 28, l.'^SS. '• Lord Salishiu-y is afraid that he did not inaivO himself understood when last he si'iike lo you about tlic Seal I'ishcries Convention. " An Act of I'arliamunt is necessary to n;ive jiower to our authorities to act oa liie provisions of the Convention when it is sii^iieii. The Order in Council will be iiiiTely the nnicliiuery whieli the Act will |)rovide for the purjHise of briuj;;ing' its jMovisions into force. The object of this machinery is to enable the (loveriiment to wait till the other two Powers are reaily. Hut neither Convention nor liill is drafted yet, liicaiise we have not got the opinions trom Canada which arc necessary to enable us to in'oceed. ;.,_... , , . " Yours, &c. (Signed) " Enic Bahiiixgton." 'If 2 !t is evident from this corresjiondence that if tho United States' GovornuK'iit »iis misled n|)on the 2r)rd April inlo the belief that ller Majesty's (JovernmenI foiild proceed in the matter without an Act of Parliament, or could procL-ed without [l:2x\ :3 U 2 492 previous reference to Cannda, it was a mistake wliich must have been entirely dissipated by tlie correspondence whicli followed in the ensiiin"; week. Mr. Blaine is also nnder a misconception in imaf'ininj; tliat I ever gave any verbal assurance, or any promise of any kind, witli respect to the terms of the projected Convention. Ilcr Majesty's (iovcrnment always have been, ami are still, anxious for the arrangement of a Convention wliicii shall jirovide whatever dose time in whatever localities is necessary for the prcservatiim of the fm-senl species. But I have always rei>resentcd that tiic details must be the subject of discussion, a discussion to which those who are locally interested must of U' cessity eontiibute. I find the record of the following conversation about the date to which Air. Blaine refers: — "The Mnrquis of Suliibiirij to Sir L. IVest. •'Sir, "Foreiijn Office, Mmrh 17, 1S«8. "Since forwarding to you my despatch of the 22nd ultimo, 1 have been in communication with the IJussian Anibassiidor at this Court, and have invited bis Excel- lency to ascertain whether his Government would authorize him to discuss with Mr. Phelps and myself the suggestion made by Mr. Bayard in bis despatch of the 7th February, that concerted action sboidd be taken by the United Stales, Ureat Ikitain, and other interested Powers, in order to ])reserve from extermination the fur-seals which at certain sensons are found in Behring's Sea. "Copies of the correspondence on this (jnestion which has passed between M. de Staal and myself is inclosed herewiiii. "I request that you will inform Mr. Piayari'. of the steps which have been taken, with a view ti> the initiation of negotiations for an Agreement between tlie three Powers principally concerned in the maintenance of the seal Hsberies. But in so doing, you should state that this action, on the part of Her .Majesty's Government, must not be taken as an ailmissinn of tlie ri^bts of jurisdiction in Bearing's Sea exercised there by the United Slates' authorities during the fishing seasons of 1880-S7 and l.*87-S8, not as atreeling the claims 'vbieh Her Majesty's Goveruincnt will have to present on account of the wrongful seizures which have taken place of British vessels engaged in the seal fishing industry. " I am, &c. (Signed) " S.\lisBuitY.'' In pursuance of this despatch, the suggestion made by Mr. Bayard to which I referred wns di>cussed, and negotiations were initialed for an Agreement betHcen the three Powers. The following despattb contains the record of what I helievc was the first meeting between the Hepresentatives (jf the tin-ee Powers upon the subject : — "The Marquis of Salisbury to Sir L. West. " Sir, " Vnrci(jn Office, April 10, 1888. "The Russian Ambassador and the United Stales Charge d'.MIaircs called upon mi' this alternoon to discuss the (juestion of the seal fisheries in Behring'* Sea, which had been brought info prominence by the recent action of the United States. "The United States' Government had exiresscd a desire tlint some Agrecnient should be arrived at between the tbri'e Goveiiiuui^ts for the purpose of prohibiting the slaughter of the seals during the time of l;iij>.dmg; and, at my request, M. de Staal had obtained instructions from his Government uii that ([uestion. " At this preliminary discussion it was di'cidcd prorininnnlhj, in ortlrr to fuinisk a basis for vrgoliution, and vithoul dojiniiirelij plcdiiimj our Uovvrnvicnls, that the space to be covered by the pioposcd Convention should be the sea between America and Russia norlh of the 47th degree of latitude; that the close time slupuld extend from the loth April to the Ist November; that during ibat lime the slaughter of all seals should be forbidden, and vessels engaged in it should be liable to seizure by the ciuizer'i (if any of the three Powers, ai.d should be taken to the port of their own nationnlitv for condemnation; that Um traffic in arms, alcohol, and powder should be prohihitcd in all the islands of those seas ; and that, as soon as the three Powers had eoneluded a Convention, they shoidd join in submitting it for the assent of the other Mariiinic Powers o! the Northern Seas. "The United States' Charg(5 d'Affaircs was exceedingly earnest in ])ressiug on us the importance of disuatch on aeciuut of >llic inconceivable slaughter that liad been, and io;j !cn en I i rely ;r gave any iTiiiH of (he nd aru still, latcver dnse ipocies. But a (liscus.iinu I Knil the ;rs : — I, 17, 1SW8. lave beun in 0(1 his Exct'l- iliscuss with li of the 7th ■ ri'at Britain, (he ftir-SL'ttk etwcen M. do was still, going on in these seas. He stated that in addition to the vast quantity brought to market, it was a couimon jjractice for those engaged in the trade to shoot all seals they might meet in tiie open sea, and that of these a great number sank, so that their kins coidd not be recovered. " I am, &c. (Signed) "Sau.siitjIiy." It nas imjjo'^sihlo to state more distinctly that any jjroposal made was provisional, and WHS merely made for the purpoosc of enaijling the re(iui-ite negotiations to proceed. Thesuliseqiient discussion of these ])roposals was undoidjtedly delayed in consecpiencc of the length of time occupied by the Canadian (Jovernment in collecting from considerable (lisianees the information wliich ibey re(|iiired before their opinion on the subject could Le thomiiglily formed, and after that it was delayed, [ bdieve, chiefly in conseciiience of the |i(ditical events in the United Stall'- iiiconncitcd vith fliis ([nestion. I think it desinihle to correct the misconceptions which have arisen with resprct to these trans- actions; though 1 do not think that, evei! if the view of them which is taken by Mr. lihiine is accurate, they would hear o'lt the argument which he founds upon lliem. I shall be glad if you will take (lie opportunity of informing Mr. IMaine of these corrections. I am, &c. (Signed) SALISUURY. c been tiikcn, •en the throe But in so Government, 5c';ring's Sea :; seasons of s Governnicnt nken place of c. S.\USDU11V." vard to which ■nient between what I lielieve vers upon the n7 10, 188S. Mlaircs called i in Heluing's of the United me Agreement prohibiting the equest, M. de er In furnish a at I he space to rica and Hns^ia I from the 15th ,11 seals sh(in!d the cruizer'i of )Hn nalioniilitv I be i)rohihiled bad concluded jther Mnriiinie pressing on us ; had been, and No. 307. The Marquis of Srilisburii to Sir J. Pauncefole, Sir, Forei(jn Office, June 20, 1890. I IfAVK rccc'vod your despatch of the .'ird instant, and i approve the note winch you addressed to Mr. Blaine in reply to his inquiry whether Her Majesty's fiovennnent would ccmsent to " make for a single soa-on the Regulation," as to the killing of seals in Hehring's Sea, " which in 18S8 they offered to make permanent." I am, &c. (Signed) SALISBURY. No. 308. .Sir ./. Pauui-efote to the Mai quia of SalUbury. — {litreived June 2).) (Tclei.irnpbic.') IVasliingtoii, June 21, 1890. 1 Il.WK (lie honour to .-cport to your Lordsliip that a telegram is publi.-ilicd in tlic " Wiishiiiglon Post" newspaper of to-ilay, dated Port Townsend, in Washingtoi; fjlatc, .uih dune, stating that the Jievcnue cutter "Corwin" arrived there on the 18th on its wv to Beiaiug'.i Heii, and will await further orders. In the same telegram it is stated tliiit the ''I'ash" is at Seattle, in Washington State, and is awaiting orders at tliat irl. No. 300. The Marquis of SalisOury t.^ Sir J. Pauncefote. Sir, Foreiijn Office, June 21, 1890. I .Al'PUOVK the reply, inclosed in your ilespiftcu of the Otii instant, which you ri'turned to Mr. Blaine's note of the 1-th instant, in regard to tho proposed e.xelusion ut Uritish sealing- vessels from lleliring's Sea (luiiui;- the present season. II is unnecessary, in view of the observations contained in my despatch of the 20th instant, that I should discuss at any length the eircumstuuees which led to an interruption of the negotiations in 1888. With regard, however, to Mr. Rhiinc's remarks that in 1888 I had abruptly closed 494 till' iic^otiatioiis l)oc:iusc " the Caiiailiiiii (iovormuent. objected," anrl that " I assi"n«l IK) oilier reason Avliatever," I should wish you to call \\v. lilaiiu-'s attention to the stateni(>nt o!' .Mr. I'lielps recorded in my des|)at(di to Sir L. West oi' th(> lird April, Ls-^s', that "under tlu! |)e(!nliar political circuuistauces of America at lliis nioini'iit. with a n'eneral election impendiiii;, it woidd he of little use, and, iinleed, hardly j)raclieahl<', to conduct any iieLvoliation to its issui! before the election had take!. place." I am, &c. ■ ' (Si??ned) SALISBURY. • No ;»ro. Sir ./. Puitnct'fote to the Murqiiis of Salislntri/. — {Rcrcived June 24 ) My Lord. ' ' IViisliiiii/i,,.!, Jr.nt 'r- '»). \\ rril reference to my telouram of to-day, I lia\e the honour !•• i.J.i •■ i juitli copy of a ^leinoranihnn «hi(di I g.ivo (o Mr. Blaine at our intcivie'. o' ycstordav on the suhject of the inahilily ot Her Majesty's (Jovernniont to exclude British vc>sels from the liiiih seas witlunit legislative sanction. I have, &c. (Siftnod) JULIAN' I'AUNCKKOTE. inclosure in No. ;')70. MeniorcDidiiiii. LOKl) SAIdSRUKY rej;rets that the Prcsidoit of the dnited States should tliiiik him "antinr; in conciliation, hut his Lordshij) cannot refrain Ironi thinkin;; that tiic President does not appreciati' the diliiculty arisinj; from the law of Enijliind. Jt is entirely heyond tin' ])ower of Her .Majesty's Government to exclude ISriti-hm Canadian ships from any portion of the hiijh seas, even for an hour, without le2:idiitivi sanction. Her ^lajcsty's (lovernment h:ive always lieen willing;', without pledging- thc;asr!vi to details on the (|ueslioii^ of area and dat", to carry on nef;;()tiations, hopin!;' therc'v y come to some aniinj;onient tor such a close season as is necessary in order 'o prcn ' the ^eai species from extinction, hid the jirovisions of sue!; an arrani^enient wouil al«ii_\- re(|uire lei;islative .sanction, so that the measures tlicrcliy determined, may he eid'ni,: "I liord Salinhmy docs nut reco,i>nize the expressions altrihuted to him. He doc- not think that he can have used them, at cJI events in the context mentioned. No.;'.71. Sir ./. Ptnuirrfolr to the Marijiiiy 'if Siilisliury. — {lierelvrd June 26.) (Teleitraphic. / H'lishiiK/inii. June "-'."i. 1 A LTllOl'ti II I Inne not yet received the Secretarv of State's ])romisc(l your Lor(Khi])"s despatch of the L'l'nd idtinio, and thonj^h he refuses to proccl the neyiitiations until that reply is delivered, I am inforp-ed that, he has aiiuoi' • his intention of leaving; for the north in the course of next week. I therefore venture t ) suf^irest that I may ' authorized to address at unco I' ^fr. Blaine an oliieial note, replyiny; to (he I'n ,i,'Mit's irupii .v. in the sense of ymir Lordship's '■hf-vam of the i:.'lh uistanl, viz., that '..■ Issui! of.', I'rocdamatioti as prn|io-i'il by the President involves dillicidtics of a ( "ontlitutiona' and Her .Majc^tv: Government could oidy consent to issue it as p rt of a general settlement, and on ll"' three conditions named helo.v : - I. That ihe (piestion (d' the Icjjal rii;ht of tlie '.'nited Slates' (ioverumeid to intor- fere with l)riti^h scalinu-ves^els iji Indirinfi's S<'a he suhmitted to arbitration. ■J. That, peniiing the result of the arhitration. the LInite n. Tli.at, it' the result of tlie arl)itriition be adverse to tlie I'liited States' (Joveniment, r.riii'li iiuliject.s be compensated, not oidy for past inleiiercnce, but also for al' losses in>iiiiiH' f''""i tlifii' eomi)liance with the Proclamation. Xo. 372. Colonial Office to Foreign Office. — {Ri-mn'il June 2(').) (Extract.) J)niniiiiij Strcff, June 'IT), 1S<)0. WTI'II refereiiee to |ircvious eorrcsDondenee, I am directed by Lord Knulsford to tiaiiMuil to yon. to be laid before the Marquis of Salisbury, a copy of a despatch from llic Gdvernor-Oeneral of Canada, forwarding an approved .Slinute of his Privy Council leciiiiiniciicliM;; tiiat an assurance should be souj;lit from the United States that no allc'iiipt "ill he made to inteifcre with JJritish vessels in Behring's Sea during the iircsi'iit season. xcludc British NCKl'OTE. Inelosure 1 in No. 372. Lord Stanley of Prenlon to Lord Knutsford. My bird, 77.T Cittidel, Qiiflte.; J.uif 12, ISOO. AVrrii reference to jtrevious correspondence on the subject of the seizures of f'liiiaiiiiMi scaling-vessels in IJehring's Sea, I have the honour to forward herewith a copy III' an apjiroveil .Mii;ute of the Privy Council, embodying a Report of the Minister of Marine and I'^isherits. The Minister f(M-cibly |)resents the grievance sustained by Canadian subjects in the iimrse pursued by the United Stites' authoiities in regard to this nuitter, and, in view iif tlu' fact that another sealing season has opened without any intimation of a »illii!ra«al, on tlie part of tiio United States, of their extraordinary claim to jurisdiction II or tlic waters of tlie open sea, he recommends that an assurance Ije sought from the iir'td Slates' (lnvernment by Her Majesty's (Jovernment that the claim to jm-isdiction vo u the ;5-mile limit will be no longer insisted on. I have, &e. (Signed) STANLEY OF PRESTON. Inelosure 2 in No. 372. Itrjiorl iif (I Cnnimillep of the Honourable the Prim Voiiiicil, ajiprovecl hi/ his E.ieellniiri/ Ihr dnreinur-drnernl in Council on the llh June, 18'J0. ON a Report, dated tlie 6th .lune, If^KO, from liie Minister of Marine and Fisheries, expressing reuret that it again becomes necessary to call the attention of your Kycelleney t» tile long ])er"od which has elapsed since the illegal seizures of British sealiiig-vessejs liy I'nited States' Uevenue cutters occurred, ami to the annual continuance of this iniileslation : Tlio ,^Iini^ter desires to remind your Excellency that the attention of the Impeiial iiullmrit'cs aas fre(iuently been called to all the facts and cireumstanix's connected with ill' ililierei.t seizures which have occurred since ISs,";, and to observe thai, iiotwith- -iiiinling the ouiiiion of the liaw Ollicers of the {'rown as to the absence of any iii-lilieation on llic part of tiie United Slates' aullioriiies for the acts complained of, and it'^liite the protests of the Itritisli (loverninent which were presented to the I lovernment I't tlie United Stales, the great wrongs to British subjects go unredressed. The .Minister iioiiM especially jioint out that as yet llure has been no witiidrawal on the |iart of the I 'iiteil States' authorities of the assertion of their right to ]irevent subjects of Her M;iie>l\ IVoin engaging in hunting seals in the deep waters of lU'hring's Sea. Tlie .Minister observes that intense embarrassment and (inancia! loss has been i'XliiMiei:eed in connection willi the prosecution of tliis ])ursuit, due not only to actual .iru'sts and nioK'slalion, but to intimidation caused by the attitiule assmned on the part "t tile I'nited States, ever since tiie year 18(^/5, as regards the right of sealing in Bcluing's Sea. As eviilcnce of the stronji; ilesirc on the part of jour Excellency's advisers to corilially co-operate with tlie linperiiil aiitliorities in reaching, if possible, a friemlly settlement, llie Minister recalls tlie fact that upon the urgent request of Her Majesty's Government, the (lovernment of Canada agreed to a discussion of the (|uestion of a close season for fur-seals in the Behriiitr's Si'a, notwithstanding the ))erpetrati()n of the gross wrongs and injuries complained of hy Canada, and in the absence of any definite assurance or offer of redress. The Minister desires to refer to the Minute of Coinicil approved on the 13lli day of March last, dealing at length with a note from the Honourable Mr. IJlaine, Secretary of State for the United States, communicating the reply of the United States' CJovcrniiient to a iii"test by Mr. Edwurdes, on the pint of the lm])erial (.iovernment, in October last, a;, >i>i':i the seizure in 1;^8'J of Canadian vessels. After dealing very fully with the question 'inntc went on to s.iy : — "Kin , tiie desire of both Her Majesty's Government and the Canadian people to maintain friendly relations as i)ossilde with the people of llic United States, the Minister recommends that Her Majesty's tJovcrument be informed that your Excellencv's advisers are prepared to discuss any proposed international arrangement for the proper proteclicm of the fur-seal, but that before such an inquiry is completed they expect Ihat the (piestiim raised by the seizures of Canadian vessels in the l$ehring's Sea shall be settled according to the law of nations, and that the claims for indemnity now in the hands of Her .Majesty's Government shall be fully satisfied.' The Minister furtiier observes that while negotiaiiniis are in progress toudiiiig the question of a el(>se season, another sealing seasuii Iims begun witlniut any inliuiation (if a withdrawal im the part of the I'nited Slates of their cxlraordinary claim to jurisiiiction over the waki's of the opon sea, nor has any indenmilicatioi' been made or assured to the subjecis of Her .Miije-ly wlio have sull'ered loss from tlu' illei;al acts on the part of ilie United States' authorities. Initeed, it is currently reported in the press of the United States and elsewhere that the United States' lievenn.' cutters will this year continue tn inierfcrc with and harass Biitish sealers when in lUhring's Sea. 'I'iie Minister is of ojiinion that it is at least due to Her Majesty's sul.'jccts iniercsteil ir this branch of industry to have authentic knowledge ot the actual position to be taken in connection with lUhritig's Sea during the coming season by the authorities of the United States, and he, therefore, recommends that Her Majesty's Government he urged to obtain an immediate assurance that the claim to jurisdiction or authority over seaiinj;-vefsels when beyond the ;i-mile territorial limit in IJehring's Sea will be no h)nger insisted u\)on. The Connnittee, concurring in the above I'eport of the Minister of Marine and Fisheries, recommend that your Excellency be moved to forward a copy of this Minute to the lJi;;ht Honuurable the l'rinci[)al Secretary nf State for tlie Colonies. Tlie Committee I'urther advise that a co])y hereof be also foi warded to the Higli Commissioner for Canada in Ijondoii, witii instructions to him to personally press upun the Secretary of State for the Colonies the urgent necessity for obtaining from the Government of the United States satisl'acloiy assmances U|ion tliis euliject. All wliich is resjjectfullv submitted for youi Excellency's approval. (Signed) JOHN .1. McGEE, Cleik. I'rivii Cnuucil. No. -.m. The Marfjiiis of SaH.sliiiri/ In Sir J. Pauncvfolc. (Telcirraiibic.) luirrii/n ()J/irr, Jiinr "2(1, 1W)0. TilE proposal made in your telegram of yesterd'iy has my entire concurreuce. 497 No, 374. .S'lV ./. Pauncefotc lo the Marquis of Salisbury. — {Sulistancp telegraphed, July 3.) My Lord, Washington, July I, 1890. I HAVE tlic honour to transmit a copy of a note whieli 1 received yesterday evening from Mr. IJiaine, in answer to your Lordship's despatch of the 22nd May, of nliich 1 left a copy in his hands on tiic 5th ultimo. In this note Mr. Hiaino endeavours to show that the negotiations which preceded the conclusion of the Treaty of 1S24 hetween the United Status and Russia, and the Treaty of 1^'25 between Orcat Britain and Russia, had, so far as respects maritime jurisdiction, no reference whatever to the Behring's Sea, but only to the Pacific Ocean south of the Aleutian Islands, and, therefore, that tlic United States' Government have not laid th .niselves open to the charge of asserlinj^ rijchts in the Behring's Sea wnich tliev disputed as against Russia, before the cession of Alaska to the United States in mi. , . . . . While repudiating any claim to the Bohring's Sea as a marc clausum, Mr. Blaine insists that tlie claim of Russia to exclusive jurisdiction within 100 leiles from land was not disputed as regards the Hehring's Sea, but, on the contrary, was acquiesced in both by Groat I'.ritain and the United States at the time of the Treaties above referred lo, and tiiat it is only since tiic rights of Russia in Alaska and the Behring's Sea passed to the United States by purcliase in 1807 ihat Great Britain has sought to challenge rights ffhicli slie respected when .Alaska was a Russian jjrovincc. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosurc in No. 371. Sea will lie no Mr. Blaine to Sir J. Pauncefotc. Sir, Department of Slate, Washington, June 30, 1890. ON the 5th instant you read to me a despatch from Lord Salisbury, dated the 22nd May, and by his instruction you left with ine a copy, llis Lordship writes in ansivcr to niy despatch of the :.'2nd .laniiary last. At tliat time, writing to yourself tnucliiiiij tlie current contention between the Governments of tiie United States and Great Britain as lo the jurisdiction of the former over the waters of the Behring's Sea, Iniade the following statement : — "Tlie (iovernment of the United States has no occasion and no desire to withdraw or modify the positions which it has at any time maintained against the claims of the Impciial Government of Russia. The United Slates will not withhold from any luilion the privileges which it deninnded for itself when Alaska was part of the Hussian Empire. ^or is the Government of the United States disposed to exercise any le>s power or authority than it was uilling to concede to the Imperial Government of Russia "hen its so\orc'ijrnty extended over t!ie territory in question. The President is jiersiiaded lh.it all iriendly nations will concede to the United States the saiue rights and privileges on the lands ami in lli'> waters of Alaska which the saiue friendly nations always conceded to die Empire of Uussia." Ill answer to this declaration, Lord Sali-bury contends that Mr. .John Quiiicy .\ilams, when Secretary of State under President .Monroe, prototeu against the jiiris- •liclion which Russia clainied over the waters of the Beluiiig's Sea. lo maintain this roMiiiin his LonKlii]) cites the words of a despatch of Mr. Adams, written on the '-•lid July, ISi'.-i, to Mr. Henry Middleton, at that lime our .Minister at St. Petersburgli. The nlh'L'ed decliraticmH and .•uliiiissions of .Mr. Adams in that despatch lime been the MMsof nil the arguments wliicli Iler .Majesty's (iovernment have sulimitted against the I ""iiersliip of certain properties in tiie liehring's ."^ca wliiidi the (M,veriiineiit of tlit uiited Stiiies conlldently assumes. 1 (piote the portion of L.ird Salisbury's argument 'liieh iiichiilcs (he (|Molaiioii from .Mr. Adams : — " Alti r Wiis^ia, at the instance of the Russian American Kiir Conipany, claimed in _^21 the ])iirsuils of conimeree, whaling, and tisiiiiig Iroiii liehring's Straits to the UUt de^'ree ol north latitude, and not only prohibited all loreigii ves-els from landing on I l"e coasts and islands of the above waters, but also prevented tliem from ap|)roa^iiing [12K] :! s 4DS within 100 miles thereof, Mr. Quincy Adams wrote as follons to tlic United Slates' Minister in Kussia: — " Tlie United States ean n(hnit no part of tiiese claims ; their ri^ht of navigation and fishing is perfect, and I iis Ijoen in constant exercise from the earliest limes, throughout tlie whole extent of the Southern Ocean, subject only to the ordinary exceptions and exclusions of the territorial, jurisdictions." The quotation which Lord Salisbury nuikes is unfortunately a most detective, erroneous, and misleading one. The conclusion is separated t'roni the premise, a comma is turned into a period, an important (|ualificalion as to time is entirely erased, wiliiinit even a suggestion that it had ever I'oniied part of the text, and out of lighty-t'our words, logically and inscjiarably connected, tliirty-live are dropped from Air. Adams' para;;raijh in Lord Salisbury's quotation. N'o edition of Mr. j\ilams' work gives authority for his Lordship's quotation ; while the arcliives of this J)epartmeiit plainly disclose its many errors. I requote Lord Salisbury's versiou (..f ^vhat Mr. Ad.ams said, and in juxtaposition produce Mr. Adams' full text as he wrote it. {Lord Sulisliiiri/'n quntnt'ion from Mr. Adnm.s.) " The United States can admit no ])art of these claims ; their right of navigation and fisliing is perfect, and has been in constant exercise from the earliest time^, throughout the wliolc extent of the Southern ()c;'an, subject only to the ordinarv exceptions and exclusions of the territorial jurisdictions." {Full text itf ^Ir. Aihims' p(iriigrnp!i.) '•'I'hc I'nifed States e:in admit no part of these claims ; their right of naviijalion and of fishing is perfect, and has been in constant exercise from the earliest times, nU'r the iionrr n/ 17S3, tltrcghout the whole extent of the Soutiieni Ocean, subject only to the ordinary exceptions and exclusions of the territorial jurisdictions, u-hich, so fur as Hiisr-idii rlc/lifx (ire rovrrrxril, lire roiiliiii'il. In ccrliiin ishinils iwrlh of the .')5M ilrijrcr of Inlituile, mill Inire no exialciirc on the Conlinent of Aiiirrivii." 'i'i'e words in italics are those wliich are left out of Mr. Adams' paragraph in tlie despateli of Ijord Salisbury. They are jirecisely the words upon which the (iovcrnincn! of the United States founds its armnneut in tills case. Conclusions or inferences renting upon the paragraph, with the material purls of Mr. Adams' te.xt omitted, are of course valueless. The first object is to ascertain the (rue meaning of Mr. Adams' words hIiIcIi were omitted by Lord Snlisljury. "Uussian rights," said Mr. Adams, "are eonfmed to certain islands norlh of the ri."ilh degree of latitude." The ishinds referred to are as easily recognized to-day as when Mr. Adams described their situation sixty-seveu years aio. The best known among them, both under iinssian and American jurisdiction, are Siii;a and Kadiak, but their whole number is great, if Mr. Adams literally iutoiidcl to conliue I'.nssian rights to those islands, all the discoveries of Vitus lieliring and oiln'r great navigators are brushed away by oni' sweep of Ids pen, and a large cha]itf'r it history is hut a, fable. Hut Mr. Adams goes still further, lie declares that "Uussian rights have no existence on the Continent of America." if we lake the words of .\!r. Ad'\ms with llici' literal meaning then' was no such thing as •• Iinssian possesr^ioiis in America," ahhnii?li forly-four years after Mr. J^danls wrote these words the IJniled Slates ]iaid Ihi^^n 7,'.i( 1(1,010 dollars fir these " po^sossion-," and all the rights of hind and sea ciiinectcd therewith. This constrnctioii of .Mr. Adams" language' cannot be the true one. It would M absurd on its liice. 'i'lie title to that lar norlliern territory was secure to Russia as oarlj as 1741 ; secure to her against the claims of allolher nations; secure to her thirty-sevoii years before ('ajitain Cook had sailed into the .Vorth Pacific; secure to her more tum half-a-centnry before the United Slates bail made go id lier title to Oregon, liussia »as in point of time the firs! Power in this region by riglit of discovery. Willnnit iiiim()deral« presunq)tioii she niiglit have chalh;nged the rights of others to assume territuri:" possessions, but no nation had shadow ef (.'ause or right to challenge hev title to the va^t region of land anii"Hn a' Mr. •ilexandii laiin (if >li"rt. .Mr. ■ions of liie i;iii(c( uOll of lii 'ddeli Ah «r.- vis!il\ Tile "iiiiia the Jic'.orv au !lie"i' aial place. lliisiihlo d. 'lie Kilhsi: ''"til paral It is iei'.Teiice H'nse; III. i' iTilorv 1 "'iritorial nitvnt tha II: 49fl Mr. Adams' mcaninf; was not, therefore, and indeed could not be, what Lord Saiisbury iissiinicd. As an;ainst Hueli interpretation, I shall endeavour to call his Lord- ship's iittcnticin to v'hat this Government holds to be the indisputable meaninc; of Mr. Adams' entire paragraph. To that end a brief review of certain public transactions aiiil n l)riel' record of certain facts will be necessary. A( (lie close of tiic year 179'J the Emperor I'aul, by a Ukase, assertelaiids in the harbours and inlets, and, in general, all along ili'iiorlli-western coast of America from liehring's Strait to the 5ist parallel ol' northern lalituiie, and likewise ini the Aleutian Islands an eastern coast oi' Siljeria and 1)11 ilie Kurlle Islands, that is Irom lieliring's Strait to the southern promontory oi' the l.-lanil of Uruji, viz.. as far south as latitude 4y" oO' north, are exclusively reserved to Miiijeets of the Russian i'lm|)ire. '•Section "J. Accordingly, no foreign vessel shall be allowed cither to put to shore at .,iiy of the coasts and islands under Russian dominion, as speeilied in the iireceding section, or even lo approach the same to within a distance of less than 100 Italian miles. Any vessel contravening this [irovision shall be subject to confiscation witli her •'vliole cargo." .Against lliis Jurqcr rlaiiii of (tulhoriitj (viz., exf ending farther south on the American coast to the ."ilst degree of north latitude) Mr. Ad:ims vigorously protested. In a ilespatcli of the :)Otii Alarcb, 18:'2, to Al. Polctica, tlie IJussiau Aliuister at Wibliiiiglon, Mr. Adams said : — "This Ukase now for the first (inie extends the claim of Russia on tiie north-west coast ot America to the olst degree of uortii latitude." And ho ])ointed out to the RiLs.sian Minister that the only foundation for the new I'lotension of Kussia «as the existence of a small Settlement, situated, not on the .Uncrican Continent, hut on a small Island in latitude 57° — Xovo Archangolsk, now Mwwn as Sitka. Mr. Adams jirolested, not against tiie Ukase of Paul, but against the I'kase of .\ioxanilir; not wholly against the Ukase ot .Mexander. but only against his extended ■laim (if .sovereignly soutliwanl on the continent to the Tjjst degree no'tli latitude. In slmrt, .Mr. Adams protested, not against tlie old possessions, but against tlie new ])reteii- ' ions of Kussia on the norlli-west coast of America — pretensions to territory claimed by the United States, and fre(|uented by her mariners since the peace of I'^'i, a specifica- lioii of lime whicli is drojiped from Lord Salisbury's quotation from Mr. Adams, but ivliidi .Mr. Adams pointedly used to lix the date when the power of the United States «as visibly exerci-ed on the coast of the I'acitic Ocean. Tile names and phrases at that time in use to describe the ueogranhy inc'tnled «iiiiiii the area of this dispute ari^ confusing, and, at certain points, apparently eontra- 'lic'iHT and irreconcilnlile. Mr. Adams' denial to lltissia of the ownership ot' lenitory on the •' t'luitinent of .Anu'rica '' is afair illusiratiim oi this sinn-iilar contradiction of names •ii:il liliices. In the same way the jihrase " nortli-w est coast " will be I'omul, beyond all piissiiile doubt, to have been used ill two senses : one including the north-west coast of il'c Rii>:i,m possessions, and one to describe the coast whose northern limit is the '■'"til piirallel of north latitude. It is very plain that .Mr. Adams' jthrase "the Continent of America," in his reicreiice to Hussin's ))ossessions, was used in a. lerritorhd sense, and not in a (iroijrdiiiiiait sen.se; he was drtiwing the distinction lietween the territory of "America'' and the tcrrilary oC tlic " jiussian ])ossessioiis.'' Mr. Ailanis did not intend to assert that these 'criitiiriiil rights of lliissia had no existence on the tJoniinent of North America. Me "ii.ait thill they did not exist as the Ukase of the hiinperor Alexander had attempted to. I12S1 • " ' ;i S 2 800 establish them, southward of the Aleutian Peninsula, and on that distinctive part of the continent claimed as tlie territory of the Uiiiied States. " America " and the " United States " were then, as they are now, commonly used as synonymous. British statomen at that time used the phrase precisely as Mr; Adams did. The possessions of tlie Crown were geiieiically termed " British America." Great Britain and the United States harmonized at thi^* point, and on this territorial issue, anainst llussja, AVhatevcr disputes miglit be left by these ne^^otiations for subsequent settlement hetwecn the two Powers, there can be no doui)t that at tliat time they had a common and very stron;; interest against tlic territorial aggrandizement of Hus.sia. The British u^e of the phrase is clearly si'cn in tiie Treaty between Great Britain and Russia negotiated in 1825, and reterrcd to at length in a subsequent portion of this despatch. A publicist as eminent as Stratford Canning ()])ened tlie Illrd Article of that 'i'reaty in these descriptive words: "The line of demarcation betttcen the possessions of the High Coiitractiiin; Parties, upon the coasts of the continent, and the islands of America to the north-wcst." Mr. Conning evidently distinguished "the islands of America" I'rom " the islands of the Kussian posse.-sions," which were far more numerous, and by the use of the phrase "to the north-west," just as evidently linuted the coast of the continent as Mr. Adams limited it in that direction by the Alaskan Peninsula. A concurrence of opinion bctiveen John Quincy Adams and Stratford Canning touching any public question left little room even fur suggestion by a third person. It will 1)0 observed, as having weighty significance, that the Russian ownership of the Aleutian and Kurilc Islands (which border and close in the Behring's Sea, and by the dip of the peninsula are several degrees south of latitude 55°) was not disptUed by Mr. Adams, and could not jjossibly have been referred to liy him when he was limiting the " island " possessions of Russia. This is but another evidence that Mr. Adams was making no questum as to Russia's ownership of all territory bordering on the lk'hrin:,''s Sea. 'J be contest pertained wholly to the territory (m the north-west coast. The Emperor Paul's Ukase, including his sovereignty over the Aleutian and Kurile Islands, was never quesuoncd or denied by any Power at any time. Many of the acts of .Mr. Adams' public life received interesting commentary, and, where there was doubt, luminous interpretation in his jiersonal diary, which was carefully kept from the .''rd Jime, 1^91, to the 1st January, 1848, inclusive. The present case aliords a happy illustration of the corroborative strength of the diary. During the progress of this correspondence Baron Tuyl, who had succeeded M. Poletica as llussiiin Minister in Waslnnglon, called upoii Mr. Adams at his office, on the 17tli July, 18:'3, .six days before the date of the despatch ui)on which 1 have been conimcmiiig, and upon which Lord Salisiiury relies for sustaining his contention in regard to the Behiing's Sea. During an animated conversation of an hour or more between Mr. Adams and Ijaron Tuyl, tlie former said : — " I told Hiiron Tuyl specially that we should contest the right of Russia to niii/ territoriiil establishment on this continent . . ." It will be observed that Mr. Adams uses the same phrase in his conversation that has misled English statesmen as to the true scope and meaning of his despafcii of the 2Srd July, 1^:;3. AVheii be deilnrod that we should " contest tlie right of Russia to any territorial establishment on this continent " (with the word "iiny " italicized), he no more meant that we should attempt to drive Russia from her ancient possessio.is tiian that we should attempt to drive I'^ngland from tlie ownership of Canada or Nova Scotia. Such talk would have been absurd gascimade, and Mr. Ailanis was the last man to indulgein it. His true meaning, it will be seen, comes out in the ne.\t sentence, when he declares : — " I told Baron Tuyl that we should assume distinctly the jirinciplc that the America^ continents are no longer subjects for any vcw European colonial establishments." In the Message of President Monroe to the ne.\t Congress (the eighteenth) nt its first Session, the md December, 182!), he announced that, at the proposal of the Russian Government, the United States had agreed to "arrange, by amicable negotiations, the respective rights and interests of the two nations on the north-west coast of this continent." A similar proposal had been made by Russia to (Jreat Britain, and had been likewise agreed to. The negotiations in both cases were to be at St. Pctersburfih, It was in connection with this subject, and in thr same paragraph, that President Monroe spoke thus : — "In the discussions to which this interest has gi'": rise, and in the arrangements by which they may terminate, the occasicm has been , 'ged proper for asserting, as a principle in which the rights and interests of the United States are involved, that tkt American Continent, by the free and independent condition which they have assumed mi 601 mnintain, are henceforth not to he considered as subjects for Juture colonization by any Europran Power." Tliis very brief declaration (in fact, merely the three lines italicized) constitutes the famous " Mduroe doctrine." Mr. Admits' wordf. of the Jnly precedinj; clearly tiire- shado«cd this position as the iiernianeiit policy of the United Slates. Tiie declaration removes the Inst doiiht, if room for doubt had been left, that the reference made by Mr. Adams was to the future, and had no possible connection with the Russian rights existinfj for three-quarters of a century before the despatch of 1823 was written. It was evident from tiie first that the determined attitude of the United States, subsequently supported by Great Britiiin, would prevent the extension of Russian territory southward to the 61st parallel, 'i'he 'rrcaties which were the result of the mooting at Ht. Petersburgh, already noted, marked tlie surrender on the part of l{u>sia (if this ]irctcnsion, and the conclusion was a joint Agreement that 50° 40' should be taken as the extreme southern boundary of llussia on the north-west coast instead of tiic 5.")th degree which was proclaimed by the Euiperor Paul in the Ukase of 179!*. 'i'he Treaty between Russia and the United States wan concluded on the 17th April, 1824, and that between Russia and Great IJrifain ten months later, on the I6th February, 1825. In both Treaties Russia acknowledged 54° 40' as tlic dividing line. It was not (Ictorniined which of tlie two nations owned the territory from 54" 40' down to the 4iith parallel, and it remained in dispute between Great Britain and the United States imtd its final ndjustmcitt by the "Oregon Treaty " negotiated by Mr. Buchanan and Mr. Piikeiiham under the Administration of Mr. Polk in 1840. Tlio Government of the United Slates has steadily maintained that in neither of these Treaties wiih Russia Wiis there any attempt at regulating or controlling or even assorting an interest in the Russ'an possessions and the Bebring's Sea which lie far to tiie norlli and west of the territory which formed the basis of the contention. This conclusion is indisputably proved by the Protocols which were signed during the progress of the negotiation. .At the fourth conference of the Plenipotentiaries on the 8th March, 1^-4, the American Minister, Mr. Henry Jliddleton, submitted to the Russian Repre- sentative, C'ount Ne.sselrode, the following: — " The dominion cannot be acquired but by a real occupation and possession, and an intention (' animus ') to establish it is by no means sufficient." .Now, it is clear, according to the facts established, that neither Russia nor any other Power has the right of dominion upon the Continent of America between the 60th and (JOlli degrees of north latitude. Still less h.is she the dominion of the adjacent maritime territory, or o' the sea nliieh washes these coasts, a dominion which is only accessory to the lerritorial (ioiiiinion. Tiu'rcfore, she has not the right of exclusion or of admission on these coasts, nor in these seas, which arc free seas. The right of navigating all the free seas belongs, by natural law, to every indei)emlent nation, and even constitutes an essential part of this independence. The United States have exercised navigation in the seas .•'nd comnierce upon the coasts above mentioned from the time of their independence; and they have a perl'ect ri^lit to this n.nvigation and to this commerce, and they can only be deprived of it l)y their own act or a Convention. This is a clear proof of what is demonstrated in other ways, that the whole dispute hetHeen the United States and Russia, and between Gie.it Britain and Russia, related to the north-west coast, as Mr. Middleton expresses it, between the "5(ith and the (50th degrees of north latitude." This statement is in perfect harmony with Mr. Adams' paragraph when given in full. " 'f he United States," Mr. Middleton iii-ists, "have exercised navigation in the seas and commerce upon the coasts above mentioned from tlie lime of their independence;" but he does not say one word in legaril to our posst'ssing any rights of navigation or commeire in the Behring's Sea. He declares that Rtis-ia has not the riglit of exclusion or admission a, hecause the limitation of the " north-west coast " between the 5(ith and tiOth degrees could apply to no other. That coast, as defined lioth by American iind British negotiators at that time, did not border on the Hehring's Sea. The llird Arti(de shows the com|iromise as to territorial sovereignty on the north- west coast. The United Slates and Clrcat Pritain had both claimed that Russia's just boundary on the coast terminated at the (iOth degree nortli latitude, the southern herder of the Aleutian Peinnsula. Russia claimed to the tiisi parallel. 'I'hey made ii com])romise by a nearly e(|ual division. jVn t \acii_, equal division would have given itussia fji° ;!()'; but 10 uiih-s farther north, I'rinc- ; •' '^'ales' Island, preseiiteil a heller geographical point for division, and llussia accepted a little less flian half the coii't of which she had claimed dl, and odi' 40' was thus established as the dividini: point. The IVtli Article of the 'I'leaty necessarily grew out of the claims of R.us.sia to a share of the north-west coast in disimte between the United States and Great Ihitaiii- Mr. Adams, in the instruction to M". ..uldleton so often referred to, says: — *m .1)11 aro as " i!y tli(; Illnl Arlido of tliu Coiivontinn Ijehvcoii tlio I'liitod States niiil Groat nrilnin id' tlio '20tli Ocloher, 1S1>^, it was iinrufd (Int lui.v cmiiilry that iiii^'lit he (■laiiiiud !)}• ridu'i' ])Hr(y -"ird de;;ree of west lonj^ilude (meridian of (ireenwichi, the said lire shall ascend to the iioitli, aloii:;- the chanuid called I'oiildiid Vliniiiicl as far as the ]ioii. of the coiitiiieiit wiiere it strikes (he o(!tli de^'oe of north latitude; from this last-mentioned piiiiit the line of dcmareation shall follow the summit of the mountains situated ])anil!el to (ho coast as far as the point of intersection of the Mist decree of west loiii;itmle .of the same meridian) ; and, finally, from the said point of intersection the said meridian line of the 14 1st decree, in its ))n)lon^ation as far as tlie frozen Ocean, shall form tiic limit hetwcen the Russian and Drilish possessions on the Continent of America to the iiorlh-ucst. Article V. (Substantially the same as Article III of the Treaty between Itu.ssia and the United States.) "Article VI. It is understood that the subjects of His Britannic Majesty, from whatever (piartcr they may arrive, whether fnmi the oce.m or from the interior of the coiitiiient, shall for ever enjoy the rij^ht of navigatin;; freeh', and without any hiiidraiico whatever, all the rivers and streams wh.ieh, in their course towards the I'acilic Ocean, may cross the line of demarcatie.. upon the line of coast described in Article III of the lireseiit Convention. " Aiiicle \ll. It is also understood that, for the space of ten year.-t iron the signature of Ihe present Convention, the vessels of the two Powers, or those tjolonniiig to their respective sidijccts, sliall mutually be at liiierty to frei|Uei.:, i. ' hoiit any liiiiilrauce wiiatever, all the iiilanil seas, the i!;nll's, hiiveiis, and creel>> "" the coast inciitioiied in Article 111, for the purpose of tishiii:,' and of Iradiiiji; with the natives." Afti'i' the aimlysis of the .\rticles in the American Treaty there is little in the Kn^lish Treaty that retpiires explanation. The two Treaties were drafted under circum- ■itauces and fitted to conditions (piite similar. There were some dilferenees because of (ireat liritain's ownership td' l!riti.-.h America. I5ut these very differences corroborate the jiosition of the United States. This is most plainly seen in Article VI. IJy that Article Ihe subjects of Her Uritannie Majesty were i,niaranteed the right of navigalinjj freely the rivers emptying into the Pacitic Ocean and crossing the line of di'iiiiirailion uiiiiii the line of co((,s/ (Icarrihrd in Arlich' III. The line of demarcation is described in Article HI as following " tln^ summit of the mountains situated jjiirallel to the coast, IIS III r /IS- Ihf point (if inlirsrr'inn of I In.' i fix/ il'i/rri' uf ircsl luni/ihuh.' Article IV, (|ualifyiiig Article 111, specifies that "wherever the suuiniit of the mountains wiiich I'xiciul in a direction parallel to the coast, from the otSth degree of north latitude to the point of intersection of the 14 1st degree of west longitude, shall p'ove to he at a distance of mure than ID marine leagues from the ocean, the limit between tlie British i)osse>sioiis ■"111 the line of coast which is to belong to Uussia, as above mentioned, shall he formed li.v a line jiarallel to the windings of the coast, and shall never exceed the distance of I" inariue leagues therefVom." ISy both these Articles the 'ine of dcmareation cease.-; to have .any parallel relation to the coast when it reacdies the point of intersection of tlie 141st degree of west .lOl lonititudc. From that point tlio Hist degree of west longitude, as far as it extend continuously on land northward, is taken as the boundary between the territories of tlie two PoHcrs. It is thus evident that Briti»li subjects were gunrantced the rinlit of navigating only such rivers as crosseil the line of demarcation while it Jollnired the lii" of roast. They were limited, therefore, to the rivers tiiat emptied into tlie Pacific Occna between 54° 40' and (50° north latitude, the latter being tlie point on the coast opposite the point where the line of demarcation diverges, Mount Ht. Elias. Uy this Agreement Great Britain was excluded from all rivers emptying into the Ik'hring's Sea, iiichiiliiig the (Jrent Yukon nnd its nflluent the Porcuiiine, which rise, imd for a long distance flow, in Briti'^li America. So complete «as the exclusion from Beliring's Sea that Great Britain surrendered in this ciise a doctrine "liicli slie liad aided in impressing upon the Congress of Vienna for European rivers. She did not demand noccss to the sea from a river whose source was in her territory. Slic consented, by signing the Treaty of 18L'5, to such total exclusion from the Ikhring's Sea as to forego following her o of 1S21, in which the Emperor set tortli so clearly the rights claimed and exerci; ed by Russia in the Beliring's Sea, were untouched and nii(|iiesti();;ed. Tlic^e rig'ts were therefore admitted by all the Powers negotiating a< within the exercise of Russia's lawful authority then, and they were left inviolate by England during all the sllb^e([Uen^ continuance of I'lissia's diniiinioii over Alaska. These Treaties were therefore a iiraetical renunciation, both on the part of luigland and the United Stnies, of any rights ii: the waters of Beliring's Sea during the [leriod of Russia's sovereignly. They left the Beliring's Sea, and all its coasts and islands, precisely as the I'kase of Alexander in 18-'l left them -that is, with the iiroliiliition against any vessel approaching nearer to the coiist than 100 Italian miles under iLnngT i)f confiscation. The original Ukase of Alexander of l^i'l claimed as far south as tae 51sl degree of north latitude, with the inhibition id' 100 miles from the coast apidying to the whole. The result of tlir protest of Mr. Adams, lijllowed by the co-operation of (Jreat Britain, was to force Iiiissia back to T>\ 40' as her southern boiiiuhiry. Hut tiiere was no reiiuiiciaiion whati'ver on the jiart of Russia as to the Beliring's Sea, to which the I'liase especially and primarily applied. As a jiiece of legislation this Ukase was as aiilliori- tative in the dominions of liussia as an Act of Pailiainent is in the dominions of Great Britain or any Act of Congress in the territory of the I'nited Slates. ICxeept as volu;;larily iiiodili."! by Russia in the Tiealy with the United Stales, 17th April, 1S24, and in "the Treaty wiUi Gre;'t Britain, ICtli February, leLT), the Uknse r,or> ulis:il Ntood as the law ('(introlliii^ tlic Hiis.sia?i ])osscHsi(»iis in AiiicTica until the dose of I!us^ia's owiii'i'^hip iiy traiistcr to lliis (lOveninuMit. liotli tlio Ifiiitcd States ami (Jreat llritaiii ii'C()j;iii/.tMl it, ii,s|k'i'Il'(1 it, oheyed it. It did iiol, iis so inaiiv siiniiosc, iKclare till' Illinium's Sea to Ih' iiitirc ilniisuin. \i did di'i;lar<' lliat (lie waters, to tlio extent of liiiMiiiK> IVoni the sliores, were reserved tor the snhjeets of the iJussian ICnipire. Of I'nurse, nianv hundred ndles east and west and north and south were thus iiiteTitionally Kfl li\ liU'^sia I'nr tiie whale li>hery, and for lishin^f o|ien and tree to the world, of which ullier nations took lar^e advanta;;e. I'erhai)s, in [iiirsuin;;' this advantage, forei^^ners did mil al«ays keeji 100 miles from the shore; hut tiie theory of rij^ht on which they ciiiuhicled their Inisincss iiiiinolestcd was that they (djaerveJ the conditions of the Ukiese. lint the lOO-milc restriction ])ert'ormcd the fun<'ion for whi(di it was specially ileMiiui'd in preventinj; foreij^ii nations from molesting, di^turhinf;, or hy any possihility -liaiiii!.' in the fur trade. The fur tradi' formed the jtrineipal, ahnost the sole, eniploy- mi'iil of the liussiaii American ('om|)any. It formed its employment, indeed, to such a ilcifne that it soon hecamc known only as the Russian American Fur Company, and iiu'te su^iuestively that name is ifiven to the Company hy Lord Salishiiry in the despatch Iii«liioh 1 am rei)Iyiiiff. Whik', therefore, there may have heen a huj^e amount of lawful wli.dinfj and fishin;^ in the Kehriiig's Sea, the taking of furs by foreigners was ahvays and under all eircumstam^es illicit. Kiuhteen years after the Treaty of \^2'> (in \^\'\) (Jreii Britain made a ('(unmercial Treaty with Russia hased on the principle of reciprocity of advantages, hut the rights of the I'ussian .American Company, which under hoth ^ka^es iiicludeil the sovereignty over llii ^ea to the e.vtent of lOi) miles from the nliores, were reserved hy special clause in a ^ian Empire, her relations with tlie Russian ])ossessions and with the Hehring's Sua remained at precisely the same point where the Treaty of 1^20 had placed them. Again, in lsr>9, (!reat Krilain still further eidarged her commercial relations with ilie Eiii|ier<)r of Russia, and again the "possessions" and the Hehring's Sea were held :.niilv in their relations to the liussian American Com[ianv as they had heen held in the Tnjaty of 184:3. It is especially notahle that, hoth in the Treaty of l>^i;5 and the Treaty of IS.ji), it is declared that " in regard to commerce and navigation in the Russian possessions n\\ the north-west coast of America the Convention concluihd at St. I'etersliurgh, hitli I'ebruary, 1S25. shall continue in force." The same distinction and the same ro«tr:(tions which Air. Adams made in regard to the north-wiv-,t coa^t of America were ^till observed, ami Great i>ritain's access from or to the interior of the continent was still liiaitcil to that part of the coast between 54 40' and a point near Mount St. Klias. The language of the three Riisso-iiritish 'i'reaties of \^'1\>, ].-^4:5, and 1 85'J covres])onds with tiial eniiiloyed in Mr. Adams' despatch to Mr. Aiiddleton to which reference has so M\i|::eiitly liecn made. This shows that the true meaning of Mr. Adams' paragraph is llic key, and indcetl the only key, by which the Treaties can be correctly interpreted, ami hy v\lii(di i'xpres>ions a]»parently contradictory or unintelligible can be readily liariiioiiized. Innuediately following the partial (juotation of Mr. Ailanis' desjiatch. Lord Salisbury ||i'ute> the ca, and Mr. Forsyth, Secretary of Slate, in a despatch to the I'nited States' Minister at St. IVtcrshurgh, declared the course of the Knssians in arresting the vessel to lie a violation of the rights of tlie citizens of the I'liiled States; he claimed that the citi/.ens III the I iiited Stales had the right immemorially, as well as by the stipulations of the Trraty of 1S24. to lisli in those waters. Lord Salisbury's understanding of the ca.",e differs entirely from tluit held by the 'ioveriiiiient of the Cnited States. The ''Loriot" was not arrested in the Hehring's Sea iH all, nor was she engaged in taking furs. She was arrested, as Mr. Forsyth in his ili^patch says, in latitude oli° ;")')', more than (!0 miles sonth of Sitka, on the '•north-west '■'I'lst," to wliicii, and to which only, the Treaty of ls!24 referred. Russia upheld its actina on the ground that the ten-year term provided in the IVth Article of the Treaty 1ml closed two years before. The case was niiule the basis of an apiilication on the part of tlic I'nited States' Government for a renewal of that Article. This application »a^ liiessed for several years, but linally and absolutely refused by the liussian Govern- '"w,t. I'nder the claim of Russia that the term of ten years had expired, the United ^tiilis failed to secure any redress in the "Loriot" case. With all due respect to Lord fl'2Sl 3 T r)0() Salis1)m-y's jiulgini'iit, the case of llie "Loriot" sustains tlic entire correctness of the l-'osition of the United States in this contention. It only remains to say tliat whatever (hity Great Britain owed to Alaska as a Unssiiin province, whatever she agreed to do, or to retVnin iVimi doinj;-, toiichin'8G, declares that they had occurred before. llej)oints out one attempt in 187", in which forty-SL'ven skins were found on board an intruding vessel ; in 1S72 there was a rumour tliat exjicditions were about to fit out in Australia and Victoria for the purpose of taking seal in the l'.<>hring's Sea ; in 1874 some rejiorts were heard that vessels had entered the sea for tliat purpose ; one case was reported in 187'), two cases in 1884, two also in I'JS,). The.^e cases, I may say, without intendini; ilisrespcct to his Lordship, jirovo the truth of the statement which he endeavours to controvert; because they form just a siifUcicnt number of exceptions to estalilish the fact that the destructive intrusion began ill J8s(j. Hut [ refer to them now for the purpose of showing tliat hi.j Lordship does not attempt to cite the intrusion of a single British sealer into the Beliriiig's Sea tiniil after Alaska had beei; transferred to the United States. I am justided, therefore, in repeating the ([uestions 1 addressed to llcr .Majesty's (iovernmeiit on the L'-ud of la|rd against the same rights when liidd hy the Hussian I'lniiiire V I have, &e. (Signed) JAMLS ('.. BliAI.VE. No, 375. Sir J. P.iuncrfotr to the Mnnjuis of Siilisburi/, — {Received Jiili/ 8.) (Telegraphic'.) IVii.sliiiiiilmi, .liihj 15, I8(l(i. I liAl) a long interview with .Mr. Blaine yesterday, lie said that his health iien- sitated his departure, and thai he had decided to lea>c for Bar llarbour (o-dny Alhidinn- to the Behring'-^ Sea <|nestron, he said that it was too late now lo niaki' any arrangement which would all'ect (he jiresent iisliery season, but that he was ]iri'imre.l to continuo the negotiations with me from Bar llarbonr, a^^ I should jirohahly soon he in the ncigldiourhood. No. 376. •S'/r J. Vimnrcfolv Id llie Marquis of Salishuri/. — {Rcreiveil Jiihj 7.) My Lord, \Vi,slu,„jlu,i, .Innc 18, isllli. I HAVE the honour to reiiort that on Saturday, the 14tli instant, as instrncted i" your Lordship's telegram of the 11th iiwtant, I addressed to the United States' Sccrctarv f$07 (if Suile lla- I'lotcsl. a^'*''"'''' "■»)' lurtlicr iiilcii'ciciiix' witli liiitisli scali-is iii linliiiii^'.s Swi, till! (Init't. ot'uliicli was inclosed in your lioidsliip's dcspalcli dI lliu :.';)lli iilliiiio. I liiivc the honour l,o iiicioso hoicu ilii copy of tho Protest as ilclivuiud, lom'thor \\iih ru|J,V of lilt" I'ovc'iiii;;; note to Mr. IShiiiu I liave, iSic. (Signed) JULIAN I'AUNCKl'OTt;. Inclosure I in No. .'57(i. Sir .1. Pmuiiefntc to Mr. lilnliif Sir, l\'iifililii(jtr>ii, Jinif 1 I, 1 S1)0. Wrril rct'crcncc lo tli'-- note which [ had tlie honour to a(hhoss to you on tiie mil instant, 1 desire to express to you my deep rc<;ret at havin.:< tailed u|) to the present tinio to ohtain from you tlie assurnnce whicli I lunl ho])ed to receive, that durin;^' the ciinliiniancc of our negotiations for the sellleinent of tlic Fur-seal Fisliery (piestion, lliiti-li s(alin;;-vessels woidd not he interfered with hy United Slates' Keveuue cruizer.s on i|ic I'pclirin^-'s Sea outside of territorial waters. liiuin;;; U'ariit from >tiiteinents in tiie puidic press and IVoni other sources tiiat the llivcinic-crLii>;ers " Ixusii " and " f'orwni " are now ahont to he dispatclied to llie I'lclirin^'-- Sea, I cannot, consistently with the instructions I jiave rec. till following' conimiinication : — Her I'ritannic .Majesty's (loNernmcnt have learnt vif' ticat concern, from notices wiiiili have apjii'Mreil in the jiress. jind tlu' u'cneral accnrac- of which has heen conlirmed tl le I • lilted liy Ml. !'>iaine"s staii'incnts to the l'ndcrsi<;iie(l, that ' •.• ( Jovernment "lalr^ have issued instrilclioiis to their Kevenue crui/.ers. !iout to he dispali'hed lo U.ehriiiii's Si'ii. iiiiih'r which the vessels of I'rili-h suhjeets will auain he cvposcil, in the prosecution »t their leiiitimiitc industry on the \\\t extent 'I ihcir power with the (iincrnment of llii' United Slates in such measures as may ho loiiiiil lo he expedieiit for the jiroteclion of the seal lislieries. They are at the present iiiiMiiriil eiinased in exuniininu', in concert >vilh thi' Government of t!>e Uniled Sinic', the 'H^t iiiethod of arriving *'! an ai;rceuiciit upon this jioiiit. Hut they cannot admit tlu' rijit (>f the United States of their own sole motion to restrict for this inirjiose the ti'Cu.leiii of Helirinir's Sea, which the United States liiivt\ themselves in former year:, I'liiiviiiciiifrly and successfully vindicated, nor to enforce their municipal lejiislation iL::iiii'-l British vessels on tl:e hin'h seas heyond llie liiiiils of llieir lerrifiu'iii! jurisiliclion. Ihr I'.ritaiinic .Majesty', (iovernmcnl are ihorclore iniahlc lo pass over witlioul iiiilirc ilic puhlic aiiiinunccmcnl of an intention on the part ot the (lovernincnt I'f the I iiilnl Slates lo renew the acts of intcrtereiice vmIIi llriti'-h vessels naviifatiiii; oiil->ide iIh' territorial «;ders of the United Slutes, of which they hii . prcvimi^lv h.nl lo >'lructed loinially to protect against s,ncli iiinlcrcuce. and lo declare thai Her lirit.innie Majestv"s (iovcrnmeiit niu.sl hold the 508 Govenimcnt of the Uiiilcil States responsible for tlie coiisc(|ueiicos whieli may ensue from nets wliicli lire contrary to tlw jiriiieiplcs of international law. Tlic Uiulcrsifined lias tlie lionour to renew to Air. Blaine the assurances of liis highest consideration. (Siyiicd) JULIAN PAUXCEFOTK. -No. ;j77. Sir J. Pininccfnle In the .A/rt)V/i//.v of Siilisliiiri/. — (Ji"criced Jiilij 7.) My Lord, Wnyhiinjlon, Jiinr 27, 1^00. I HAVE the honour to transmit herewith a remarkable article on the subject of the llehrinjj's Sea negotiations which appeared in the "New York Herald" ol yesterday, T have, K-c. (Signed) .JUJ.IAN I'AUNCEFOTE. Inclo.sure in No. 377. Eziruct from the " Xcir York HeraJd" nf June 2G. 1800. (From our regular Corresi)onclcnt.) ^' Hcriild'' Ihircaii, rnriier nf Fi/lrrtilh iiiiif (I S/ri'cts, AM)., Wiishinijtdii, June 2.5, ]S!)(>, 'I'lll'j story of a recent interference hv the President with the conducl and |)rot;ross of the Henring's Sea negotiations has been eirculatiiig conridentiidly in Wasiiinnloii for several weeks. Its publication no«, after the interposition of the President bad cciisutl and the mischief threatened by it, had passed away, is regarded in some (piarlersas ii counter-attack on Mr. iilaine for bis alleged Tariif heroy. TIk' following' is a plain statement of the facts id' ihe Belu'in;i's Sea e))is(iilu. obtained IVou! an authoritative source. It slio»s that, as soon as the Pn sideni saw tin conse(|uenccs of his well-meant inienlioii. and that he had separaied biui'-cU' in some degree from .Mr. Pilaine, he hastened to reunite liimseU to Ihe Secretary and In strengthen llie hitter's jiosilioi; to Ihe fullest extent as against adverse in(luent?es in tlu' Adminislration. Slrps III Dlpln le oi'ai discussion jiinnuinj. of the Uebring's Sea (luestion began between Secretary Ulniiu' L'fote las* .lanuary. Tlie Sccrcliiry a.ivanced and llie .MinisU'r cr)nibated the claim of a territorial jurisdiction by tin Uii'ied States overall that ]iiirt ot lUbring's Sei: lying east and sdiitli of llie boundary-line drawn Ihroiiyh liebring's Strait d across the sea by the 'I'rcaly «ilh lUissia for the cession of Alaska to tliis country. d M iiiisdr AVii lont comin"- to a bead I lisctission Mas laid iiside bv mutual consent ami willioii jircjiidice to lie i]i:>itioii (d' cither paity, lor the reason that the I'rilisb I'cjire-eiitnlivu adniilted that bis (lovernineiit was not oiilv willing, hut desirous, on grounds of fronii neiuliijour d and of a niulual interest, to enter into an arrani;ement tb lit woiiM Sea from ininri'iiis molestution or etliciently proU'cl the seals resorting to Pidiri slangbler. .\s these were the very and the only (dijects for ubich the I'liited States' (lovrrii- nieiit was desirous to establish its claim lo a territorial jiirisiliclion in the waters ol tlu' sea, it was agreed to shift tlie iliscussion to the project of an international regulation il seal-catching wherein a iirohibilion of marine sealing- diiriii;;- the annual hrecdiiig sciisnii ibl ^ai'y to give it effect. Sir Julian was equally sure tli.it neither the British nor the I'aiiiidian Parliament would legislate ujion the broad lines laid down by Mr. Blaine. Still both Plenipotentiaries were agreed upon the principle tbiii there should be an i'llorli\e rcLiulation of the sealing iiulustry, to be attained by mutual co-operiition. The lliissiiin pfo]iosition ai-corded with that of the United States, but the Russian Minister lilt it to our (iovernment, as the larger proprietor of rookeries, to act for both. The real trouble hiy in the statements and ojiinions of experts, upon which liinh negotiants necessarily had to rely. To settle the defects and contlicfs nf this so-called eviilenee, and to produce a satisfactory basis for a Convention and the legisla- lioii necessitated by it, a proposal was moved from the British side to assemble .i Joint rL'chiiical Coinmission to examine, deride, and report what was actually necessary to I'linv out the well-settled intention of the jwirties. After a very careful and deliberate ciMbidenitidii of this proposal, in which the main (piestimi was studied in every possible ii-lH'cl. .Mr. Blnine gave his adhesion to it. At tliis point the new lessees of the Alaskan Seal Islands interven'.'d. '{"hey "ere iHit Hilling to put at issue, in any manner (d' form, the (piestion "befiier fbeie should ho iiii\ marine sealing in liehring's Sea, however restricted. To make a long story short, iliey |iii>vailcd, but not at the State Department. The control of the ne^tutiations was taken from Mr. Hlaine, and be was only permitted, as tlie organ (d' the Government, to icjiit the iii(i{li(ti viiriidi proposed by the Hiitish (ioveniment to carry the parties safely tliioii^li the sealing season then close at bund, and report what he cmild learn or guess til the iiridiable :ietioi! or disposition of Lord Salisbury. The project of a Technical t'diiiini^sidii was dropped (dean out of sight. Onlervil In use I'nrre. The Revenue culteis were oidt'ied to Hehri'lg's Sea, there to enforce uilhili disputed fillers Ijie full vii;()nr of a ijaw passed with a view to waters not in dispute, and the csteiision of wbicb Law to the "liters in dispute Congres-i bad shrunk from as lately as 1^*^!', when the (piestion of such an extension was sipiandy presented by a Hill which «tiit info ("onlerenee and became a Law, Inipiireis at the Tiea--ury Depaitnieiil were mliiriiieil that the sailing orders to the cutters meant all they said ; that no secret or ~iili|ih'MU'utiiiy orders would issue in favour of British vessids, and that any such vessel mo scii'iii;; ill llclu-iiig's Sea would lie suizftl, iclicveil of its Imiiiig ami pniiLTs, and jjc dismiiutk'il. Mr. Blaine ieln were to he suhjected to an imliiiiiity wliicii the I'liited States liad oiicu to jioiio to war to resent. What he knev the new conductors of tlie negotiations knew necessarily. I>iit tiiey scouted the idea that Kiigland woiihl do more than protest, and they were iiqt afraid of protestiition. limjtoml pidtc.ita. All at oiu'O ii hecanie known thuL Lord Salishiiry meant to do the very thing ]ie«a> expected not to do, and to ])roteet hy force, if necessary, Ihitish vessels and suhjcctsin Mchring's Sea. The situation was hastily reviewed, and the conclusion readied tliat, upon the record of the case as made since January last, tlic {lovernment could not afford to go lieforo the world, nor even hefore the ])vess and people of the United States, witli a defence of its contemjiiated jiolicy of violence. The Revenue cutters were sti)[iped at I'uget Sound to awaii further orders, 'flic negotiations were restored to the charge of tlie Secretary of State, wlio iinproviseda proposal designed to cover a retreat not necessitated hy himself and to put the (lucstioii hack to a nnnnal and proper situation. There will he no trouhle in Hehring's Sea. The claims of the United States have hcen preseived in full vigour, and hefore the opening of another sealing season a scltk'- mcnl will he reached honourahle and advantageous to the United States. Arbilrdlinii e.rpcrlril. It is i^xpected that within the next ten or twelve days the negotiations will he su faf advanced that new sailing orders may he issued to the '• Kusli " and " Corwin," wbicL ve.iseis will tiieii resume their interru])ted voyage to Hehriiig's Sea, there to i'"rform all liie duties required hy law, hut not to exercise a di.sputed jurisdiction \\liich it is tln' expectation of the (iovernmcnt to suhinit to the determination of some disinterestod I'ower or Sovereign, possihly Pope Leo XIII, as iniimated many months ago in tlicst des[)atehes. Mr. Blaine gave it as an excuse that lie could not visit Cliicag; thi> week, wlan pressed to do so, because of the importance of the liehriiig's Sea negotiations ikji' favourably progressing, as he said. No. 378. Sir J. Pauncefole to the Marquis of Salishurii. — {Received Jitli/ 7.) My Lord, W'lixhinijton, Jinir 27, I8!)li. 1 HAN'K the lionour to transmit C'py of a note which I addressed to Mr. Ulaiiie immediately upon the receipt of your liordsiiip's teh'gram of the 2(Uli instant. I trust tiiat it will meet with your Lnrdship's approval. I have, iSte. (Signed) JULIAN PAUNCHFOTE Inclosure in No, ;i78. iSir J. I'uiiiicefotf to Mr. Blaine. Sii W'dshi It'll nil, June -7, !'''■"'■ I I'll) iiol tail lo tiansiiiil to ihc Manpiis of Salishiiry a cojiy ol your note ol lln' lull iii.slaia, in wliii'ii, with referenci- to his Lordship's slatcinent, thai JJrilish h'gi-lali"" would he necesMiry to enalde Her Majesty's (Sovernmenl to exclude lUitish vessels Inmi any poiiion of the high seas, "even for an hour," joii informed me, hy desire ol llic I'lesidenl, Ihat the United Stales' (Jovernmcnt would lie salislied "if Liird Saii.^hiiri would. Ii\ piihlic I'roclanialion, sinijily reipiesl thai vessels sailing under llie llrili^ii fc ■hould ah, lain froni entering the liehring's Sea during the present season." I have now the honour to inform vou that 1 have been instructed hy Lord Sidiiitiir} 511 tn state ti) joii, ill reply, that tlio I'rcsideiit'.s re(jucst presents conslitutioiial difficulties ihicli wciiild preclude Iler Majesty's (Joveriimeiit iVorn accedinn' to it, e:MO])t ns pint of ii ;;oiiiM'.il scheme tor tlie settlement of the IJehriiijf's Sea controversy, ami on certain ciu- iliiicins whicli wotdd justify tiie assnnii)tioii by Her Majesty's (jovernmenl of tlu,' i;r;ive ic>|i(insiliility inv(dved in the proposal. Those ; .July 10, lsii)0 I AIM'ROVR tlio terms of tlio note in wliich you t'oiwardud to Mr. Hlaiiic the protest of Her Majesty's Government against any further iiiterferenee with Uritish sealers in lichring's Sea, as reported in your despatcli of the 18th ultimo. I am, &e. (Signed) SALISBURY. No. 382. The Marquin of Sali.'iburi/ lo Sir ,/. Pdttnccf'nli'. Sir, Foreifjn Office, Anijiisl 2, 1890. I HAVE received and laid before the Queen your despaleh of thi; 1st ultimo, forwarding a eopy of a note from !Mr. Blaine, in whi<'h he maintains that the I'uitcd States have derived from Ilussia rights of jurisdiction over the waters of l!ehriiii,''s Sea to a distaiu-o of KXJ miles from the coasts transferred to them nnder the Treaty of the 30th March, 1 soy. In replying to the arguments to the contrary effect contained in my des|iatcli of the 22nd .M; ly, Mr. Waiue draws attention to certain (!xpr(;ssions Aviiicli I the sake, of brevity in (|U(>ting from Mr. .Adams' dos[)atch ol' tlu' had omitted for 22n(l .lu'y, lS2.'i. Jfe contends that these words give a dilVei'eut iiieaniiuj: tu tin despatch, and that the l.att.r does not refute, but actually supports, tiie iircsciil claim of the Tuiled States. It becomes lux'essary, therefore, tjiat f should rdcr in greater detail to the eorn^sijondence, an c.xaminafiou of wliich will show that tin' passage in question cannot have the signilicatioii which Mr. I'laiiie seeks to give to it, that the words omitted by me do not in reality atlrcl the pdinl at issue, and tli.it the view which he takes of the attitude both of fireat Britain and of tlu; I'tiitcd States towards tlu; claim ])ut forward liy ltus>ia in 1^22 caniuit be reconciled with the tenour of the di'spatches. It appears from the published pajiers that in 1701) the llniperor I'aul I gr,u\tOil by Charter to the Jlussian American IJompauy the exclusivi; right of hunting, tmilc industries, and di'-eoverics of new land ou the north-west coast of .Vmerica \'wm iJchving's Strait to the .").jth degree of north latitude, with ])crniission to the Com- 2)any to extcnid their discoveries lo the south and to form establishmi'iits tlii'iv, provided they did not encroach upon Hie territory occupied by other J'owers. 'I'he southern limit thus provisionally assigned lo the Company c(jri't'spi)ii(l> ■within 2(1 or 30 miles, with that which was eventually agr, cd upon .as ih'i houml;iv} between the British juid llussian possessions. It comprises not only the wliiili' AnnMTjan coast of Behring's Sea, bnt a long reach of coast-line to the south of the Alaskan I'eninsula as far as the level of the southern pci'tion of i'rincc! of Wales' Island. The Cliartcr, wliich was issued ;it a lime of great lanope.an excitement, .•tttractcd ajjparently little attenlion at the moMieiit, and gave rise to no i'enion>traiu:i'. li made no claim to exclusive jurisdiction over the sea, nor do any measures appciu' I" have been taken under it to restrict tlu; commerce, navii,'ati(jii, or lislna'y of tlu' subjects of foreign n.ations. But in September 1S2I th(> Ilussian (Jovernmenl issiid a fresh L'kase, of which the provisions material to the present discussion were a^ follows : — ".'^(■(■tinii 1. Tli>' ]mrsuits nl coniiiien'c, wli;iliii,u isliUKl.--, iiuit.s, and ^jull's, iMulmlini,' llii,; wlmli. nl' Un 1111(1 lisliiiiu', iiiiil 111' all iiilicr iiiilustry, nil iill _. ,,--,-.,,...- „ - . . -- - iiniUi-wi'Mt CDiLst of AiinTiiM, I i(>j,'iiiiiiii'„' I'riiiii IJeliriiij^'s .'^Iniil tu lint ."ilst ilc^'ri-i! nl' ii.irllu-rii l.itilinK' ; iilsn I'miu llu' Alculiiiu IsliUiil-; tn tlit eiislerii coast, ul' Silicriii, iis woU ii.s iiloiii; llii; Kiiiil.' Isliind.s lium lirjiiiiig'^ Stniil, In llu- .'*oiilli eiii»;"t tilt! Isliinil III L'riiii, viz., In 15 M' iinidicni latituiiii, are i.'.\i,liisively ;,'niiilcil In UusHiaii .suliji'i'ls. ".SiH!. •_'. Ills tlK'ii'r.iiL' liriiliibitt'il 111 all riin'i;.^ni vesids iml mily to laiiil mi the coasts iiiiJ isliuiil.s ln:liiiii,'iii;,' to li'ussia, as statcil iibovc, liut ulsn to a]i|ii'nai'li tlicm witliiii li'ss tliiui 10(1 lUilian iiiilus. 'i'liii Iran.sgi'cssni's vus.scl is .sulijccl to cuuliscaliuii, alniig Willi tin.' wliolu cargo." By this Ukase the exclusive dominion claimed by Russia on the American Con- tinent was puslied soni" 2.'50 miles to the south as far as Vancouver Island, and notice 513 was for the first time given of a claim to maritime jurisdiction which was regarded lidtli ill England and the United States as extravagant, or, to use Lord StoweU's description of it, "very unmeasured and insupportable." I'pon receiving communication of the Ukase, the British and United States' Gnvornni(!nts at onco objticted l)oth to the extension of the territorial claim and to the assertion of maritime jurisdiction. For the present, I will refer only to the protest of the United States' Government. This was made in a note from Mr. John Quincy Adams, then Secretary of State, to the Russian Rq)resentativc, dated the 25th February, 1822, which contains the following statement : — " 1 am directed by the President of the United States to inform you that he Ims seen witli snrjjrise ill ihis Edict tiie assertion of a territorial claim on the part of llitssia extending to tlie olst dejjree (if imrth liititude on tliis continent, and a regulation interdictini; to all coraniercinl vessels otlier than Kiissiiiii, u]ion tlie penalty of seizure and confiscation, the approach iiiKin tlie high seas within liiii liiihiin miles of tlie shores to which that -laini is made to aji]ily. The relations of the United St;ileH with His Imperial Majesty liave always leeii of the most friendly cliaracter, and it is the lariii'st desire of this (Government to preserve II ;m in tliat state. It was exjiected, liefore any act wIiIlIi slioiild dcliue the lioundary between tlie t Tritories ol tlie United States and Russia on this ii'iitinciil, that the same would have been arranged by Treaty between the parties. To exclude the visstds (if our citizens from the shore, beyond the ordinary distance to whiidi the territorial juris- ilictiuii extends, has excittnl still greater surprise. "This Ordinance affects .so deeply the rights of the United States and of their citizens that I iiiii instructed to inquire whether you arc authorized to give exidanatious of tlie grounds of right, u])oii |iii]i(i]ilcs generally recognized by tin; laws and usages of natiiuis, which can warrant the claims and ri"'ul;iti"iis contained in it." The Russian Representative replied at length, defending the territorial claim on grounds of discovery, first occupation, and undisturbed possession, and explaining tlie motive "which deteriniiied the Imperial (Jovernment to proliibit foreign vessels from approaching the north-west coasts of .Vmcrica belonging to Russia, within the distaiici' of at Iciist 100 Italian miles. This measure," he .said, " however severe it may at first view appear, is after all but a measure of j)reveiition." Uo went on to say that it was adopted in order to jmt a stop to an illicit trade in arms and amniuiiition with the natives, against whicii the Russian Government had frequently remonstrated ; and further on he observed : — " I ought, ill the last (dai.'P, to request vou to consider, Sir, that the Russian possessions in the I'liiilic (Jceaii extend, on tlie north-west coast of .Vnierica, from Beliriug's Strait to the fil.st degree of iinilh latitude, and on the opposite side of Asia and the islands adjacent, from the same strait to til! -i.'ilh (U'grei!, the extent of ,sea of wdiich these possessions form the limits coni]U'ehends all the con- iliiiMiis wliieli are ordinarily attaelied to .ikut .ints (' niers fermees '), and the Iliissian (lovernment mi;;lil, cnnsenuently, judge itself authorized to exercise upon this sea the riglit of sovereignt)-, and cspeoiidly that of entirely interdicting the entrance of foreigners. lUit it preferred only inserting in csseiilial rights, without taking any advantage; of lociUities." To this Mr. Adams replied (30th March, 1822), pointing out that the only ground ijiven for tlio extension of the Russian territorial claim Avas the establishnieut of a scttleineiif, not upon the continent, but upon a small island, actually within the limits prescribed to the Russian American Company in 1799, ami he went on lo say: — "Tliis pretension is to he considered not only with r(;ference to the (luestion of territorial right, lilt also to that )iridiib'tiou to the vessels of other nations, including those i>f the United States, to ;i1i]*i;hIi within UIO Italian miles of tin; coasts. From the period of ibe existence of the United Suitis as an indi;pendeiit nation, lhi;ir vessels have freely navigated those .seas, and the right to navi- Wite tlieiii is a part of that iiide]ieniience. "With regard to the suggestion that the l!us,sian Government might have justified the oxiirciso (if siiveivi'^nly over the Pacific Ocean as a close soa, becau.se it elaiius territmy both on its American iiiiil Asiatic shores, it may sulliee to say that the distance from .shore to .shore on this sea, in latitude .'1^ niiftli, is not leas than 00 degrees of longitude, or 4,000 miles." Tlu> Russian Rciirosentativo replied to this note, endeavouring to prove that tlic territorial rights of Russia on the north-west coast of America were not confined to tli(> limits of the Concession granted to the Russian American Company in 1799, and art^uing that the great extent of the Paciiie Ocean at the 51st degree of latitude did not invalidate the right which Russia might have to consitler that part of the ui!eaii as closed. But he added that further discussion of this point was unnecessary, as till! Imperial Government had not thought fit to take advantage of that right. The correspondence then dropped for a time, to be resumed in the following sinini;. But it is perfectly cl?ar from the above that the privileges granted to the (128J 3 U 5U 'Russiaii American Company in 1700, wliatovcr vDWl tlioy may liavo had as roganis otliev Russian siil)i(>L'ts, did not operate to exclude American vessels rroin any part of tlic coast, and that the attempt to exclude thciii in 11^21 wm at once rcsistwl, Further, that the IJussian (Jovernmcnt had no idea oi' any distinction lictwocn l?ehriiii!;'s Sea and the Pacific Ocean, wliich latter they considered as reacliing smitli- ward from nehi'injj's Straits. Nor tlirouufhout the whole of the sul)se(|uent conrs- pondenec is there any reference wliatever on either side to any distinctive iianu; lor Behriiii^'s Sea, or any intimation that it could be considered otherwise than as formini,' an integral jiart of the; Pacific ()e(;an. I now com(! to the despatch from ^Ir. Adams to Mr. ATiddlcton of thn 22n(l July, 1823, to which reference has before been made, and which it will 1)e necessary to ijUDtc somewhat at lent;th. Afti'V autliori/.iiii,' Mv. .Middletoii to enter upon a ne!;otiatiriii with the llussian ^linisters concernint; the dilVerences which had arisen from tlii' Ukase of the Ith (Kith) Sc])teml)(-r, 1821 Mr. Adams continues :— " I'loiii thi> tuimu- (pf tlio rUasc, tlio ]iivteiisiiiiis (if tlic; Iiii[wi'ial (IdVuniiiifiiit extend to ;m exohisivu tciTiti'iial jiiri.silicticiii IVniii tin' -irilli i l(.';,'i('i! nf iimili liititiule, (in tlic A^iiitic ccmst, to tir latitiulo (if ."1° noitli (Ui the; western e(ia.sl of the Aiiierieiin (Jdiitiiient ; anil they assume the ii;Jit if intenlietiiiu tlie naviL;ati(iii iinil tlie iislierv of all (itlier nalimis t(j the extent of f (10 miles I'lmn tl;" whole (if tliat coast. "Tile United States can admit no part of these ilaims. Their li^hl of navi^'ation imd of fnUw: is perfect, and lias liei^n in constant exercise from the earliest limes, altei- the iieiiee uf 178:i, tlir(iiii;liiji!t tlie whole extent of the .Suiitliein Ocean, .snlijcct only to the ordinary exceptions and exdnsiiais uttl.c territorial jurisdiclions, wliicli, so far as liussiaii rij;lits .an; concerned, are contined to certain isliuiii- north of the ooth degree of hititude, and have no existence on the continent of America." Mr. Blaine has arjjfud fit n;rcat length to show that when Mr. Adams used tlii'so clear and forcible oxpressions l;e did not mean what lie seemed to say ; that when lio stated that the United States "could admit no part of these claims," he meant timt they admitted all that part of them which related to the coast north of the Alciitiiiii Islands; that when ho spoke of the Southern Ocean, he UKjant to excei)t B('ln'in!;'> Sea ; and that when he contended that the ordinary exceptions and exclusions (if the territorial jiuMsdictions had no existence, so far as Russian rights were concerned, on the Continent of America, he used the latter term not in a gcograpliical hut in a "territorial" sense, and tacitly exeejited, by a very singular pi-litio piinripii, tlic Russian ])ossessions. In order to carry out this theory, it is necessary for him also to assume that the negotiatcn-s in the course of the discussions made indiscriminate n;,'iirds 11 liny part cc resisti'd. im lictwciMi uiif5 soiitli- UMii eorros- iiiimc I'lir .■IS I'di'min;,' 22ii(l July, iry to i|uot(' nP!,'otiafioii II from tlu' extend to an (■(last, to tl:i' lie till' ri;;lit "f iiik's I'lDUi {h- mil 1)1' llsliih'.' >SM, llir(nij;liui;t ieliusiiiiis iif tl.o eci'tuiu islirail-: IS used tlll'SO that when !ii' niL'tuit that tlio Ali'iitian j)t Bi'hrini;'- xcliisions (if e eonccM'iiod, liicnl but in a piincipii, the for liim iiisfi criminate u-o tioi; wliieli l.i' y and irrecon- :iy for caution I,' even if this g evidence to otlici' papers ect cue. fiT liscus.sioii of IIk il I'kiise. Tiiu iinieal cmdil ii-: ill' umcli puUi' iiidiise lii'ivrntli (|i. 37(1) Miili'" I I'd'er yiii t' /gljiic's viivai;!'^ (S of (lisciivrn lioilt luunJatiiH ■xt tlio writw ivc iiavi!,':itiiii! lit by suiijei't^ ion, i'or nearly it all tliis ii:^ ^ration in ilia' jucstlon in tin' lieiid, whctlior Contiueut of America. This wc do not deny — but it is whftlirr the location of those settlemonl.i and tke ilixroverics of her vi;ri(jiilors are siirh nx Ihcij (ire rcprenenlrd la lie ; whether theij entitle her lo the exclusive jiossenKiim of the inhole territonj north of 5\^, and to Hovereiijnty over the Piirifii: Ocean lieijond that pardllel." Tlicsc! pa.ssaijcs siilliciciitly illustrate Mv. Adams' incaninj^, if any evidence bo re(inire(l tliat be used pbiiii liiiigiiaife in it.s ordinary seiis(!. Clearly be meant to deny that the Jlussiaii .seftleiiieuts or diseover'"s i^ave lliissia any claim as of !ii,'bt to exclude the iiavi^atiou or lisbcry of otlu.'r nations from any part of the seas on the coast of America, .'ind that her rii^hts in this respect were limited to the territorial waters of cerlaiu islands of which she was in jiermanent and complete occupation. Jlaviiii; distinctly hiid down this proposition as regards the riubts of the case, Mr. .Vdaius went on to state what the L'niled States were ready to agree to as a matter of Conventional arrangement, lie .said : — " With icgaril to tlio tcri'ltmiiil elaini, seliarnte I'liiui llii; ri^lit of traflic with tli.' iintivos mid li'.iji iiliy oV.-ileiii ot Culuiiial uxeliisidiis, we ale williii;,' to a^iee to llie liouiulary-liiu' within which tiie Kiii|ji;rur I'aiil hud granted exclu^iivo iiiivileges to ijie I!iw.9iaii Aiiieriean Coniiiany, that is lo say, lalilude 55°. "If the IJus.sian (loveninient ;i|i]iielieiid serious inconveiiieiiee IVom the illicit traflic of foreigners vith their .seltlenicnts en the, north-wcfit coast, it may lie eH'cctually guanled agiiiiist liy ,sti|iulatioiis 5iiiiil;ir to those ii draft of wliich i.s herewith sulijoiiied, and to wliich you are autliorized, on the part of tiie United .States, to agree. . . ." Tlic draft Conveutiou was as follows : — "Draft of Trent;/ between the United Stedcx and Ilnssia. ".\iticle I. In order to strengthen the liouds of I'rieiidship, and to preserve in future a p(,'rfeeC ];,inn"iiy iiiid good inidi'rstaiiding lietween tile Contracting Parties, it is agreed that their ii ipeetivu iiti,!fii> and .salijects shall not lie di.sturlied or inoh'sted, either in laivigiding or in eariyirig on tiirir li^heries in tlic> I'aeilic, Ocean or in the .South .Seas, or in landing on the coasts of tle^on seas, lu pliues nut already oiHUpied, for the jntrpose of carrying on their eoninieree with the natives of the iiiinitry, salijeet, nevertheless, to the reslrielions and pio\isions spei'i'i"d in tile two following i\iticles. "Art. II. To the end that the navigation and fishery of the citizens and ulijects of tlie Coi'.iracting I'arliis, ropectively, in tlii! I'aeilie Ocean or in the South Sea.s may not ho inaih' ."i [iretext for illicit tnide with their respective settlements, it is agreed that the citizens of 'ho United States shall imt laud on any part of the coast actually occn]iied liy l!u.-.sian settlements, unless oy permission I'l' the (iovernor or Commander thereof, and that IJnssiaii sulijects shall, in lilte nannes lie interdicted fnaii lanilin'_' without pernu>sion at any settlenaait of tiie United States on the s li-.l 'M.rth-vvest coast. " .Vrl. III. It is agreed that no .settlement shall lie made heieal'ter on t'.ie ni-uii-west coast of .\iiieriia hy citizens of the United States or under thuir aulliorily, north, '..or 'y llussian suhjects, i.r uader the authority of Itussia, .south of the' 55di degree of north latitude" In an exphinatory despatch to Mr. Rush, the American ilinistcr in London, same date, Mr. Adams says : — '■ The right of carrying on trade with the natives throughout the north-west co.xst they (the l.'nited .Slates) cannot renounce. With the Jtussian settlements at Kodiak, or at New .Vrchangel, they may l.iirly claim the advantage of a free trade, having so long enjoyed it unmolested, and liecause it t.;s l.een and would continue to be as advantageous at least to tho.se settlements as to them. Hut t'ncy will not contest the right of llussia lo prohiliit the trallie, as strictly cnidined to the I'ussian SMilcnient itself, and not extending to the original natives of thi> coast " It is diflicult to conceive how the term "north-west coast of America" used hero and elsewhere can be interpn-ted otln^rwise than tis a|ii)lying to liie north-west coast of America gi>nerally, or how it ctiii be serifinsly contended that it was meant to dcHoto only the more westerly portion, excluding tlu; more north-westerly ptirt, heeaiise hy becoming a llussian po.ssessioii this latter bad ceased to belong to the Aineriean Cnntinent. .\lr. HIaine states tliat when .Mr. Middleton diM'lared tlnit Russia lind no right of ox(dnsii)n on the c lasts of America betucen the TiOtli and (iOtli degrei's of north latitude, nor in the setis which washed those coasts, be intended to make a distinction hctwecn iiebring's Sea ami the I'aeilie tJcean. But ujion reference to a M;ip, it will lie seen that tlie OOlli degree of north latitiidi! strikes straight across Behring's Scii, leaving liy far the liirger and more importiint |i;irt of it to the south ; so tluit T eoiifess il !ip[iears to nie that hy no conceivable constructiou of his words can -Mr. ^liddleton he sujiposed to li.ave excepted that seti from those whicii be declared to he I'ri'e. With regard to the coiistriictioii whicdi ^Ir. Blaine puts upon the T-c'v lietween the Uiiitj'd States and liiissia of the 17th April, 182 1, I will only say that it is, as far as 1 ;im tiware, an entirely novel one, that there is no trace of its liaviiu' been [128J sua'' m known to the various piihlicists who have given an account nf the controversy in Treaties on Ijitcrnational Law, and that it is contrary, as I shall show, to that which the liiitish ncj^otiidors placed on the Treaty when they adopted the fst and Ihid Articles I'ur insertion in the ]Jritish Treaty of the 28th Fehruary, 1825. I must further dissent, fi-om his interpretation of Article VII of the latter Treaty. That Article gives to the vessels of tlie two Powers " liherty to frequent all thi! inland seas, gulfs, ]iav(^iis, and creeks on the coast mentioned in Article III, for the purposi- of fishing and of trading with the natives." The expression "eofist inentioued in Article ill " can only refer to the first words of the Article : " The line of demarcation between tlic possivssiims of the High Contracting Parties upon the coast of thi' continent and the islands of America to the north-west shall he drawn," &e. That is to say, it included all tin- possessions of the two Power, on the north-west coast of Am, be ass(>rted by force, but cannot be said to have any legal validity as against the vessels of other countries, except in so far as it is positively admittc^d by Conventional Agreements with those countries. I do not snppose that it is necessary that I should argue at length upon so cirnicntary a point as that a claim to prohibit the vessels of other nations from aiijiroaching within a distance of 100 miles from the coast is contrary to modern international usage. Mr. Adams and Mr, Canning clearly thought in 182:5 that the matter was beyond doubt or discussion. The rule which was recognized at that time, and which has been uenerally admitted bntli by publicists and (rovcrnments, limits the Jurisdiction of a country in the open sea to a distance of 3 mih^s from its coasts, this having been considered to be the range of a cannon-shot when the princi[)le was adopted. Wheaton, who may be regarded as a contemporary authority, c(|ually respected in Europe and ^Vmcrica, says : — "Tlic maritime territory of every State extends to the iimts, h;uI)iiiirK, hays, MMHith^ nf rivers, ,111(1 adjacent jiart'i (if the sen inclnsfd hy he.ndlaiuls lichini^in;,' to llic same State. The ^jeiienil iisnge ()f imtidiis supemilds to tliis e>:tcMt (if terrilcrial jurisdiction a distance (if a marine league, or iw fara.s a cannon-.shol will reach fniiii the shure alenj; all the eoiwts ef thit .State." And again — " The rule of law on this .subject is term' ilomiiiiuia finitiu' uhi fi/iitiir nnnorumvii; and since tin; intriMluctioii of lire-arms that distance has usually been recognized to he aliout ,i miles from the slioie." Chancellor Kent, who is inclined to advocate a more extended limit, still admits that:— " A(;ciirding to the eurn;nt of modern authority, the g(;neral terrilmial jurisdietion extends inttlicr j^ciutmI rule Inis Ikhmi iicc.ciitnl ; and 'H. Tliul il' ail)- Slate Inis siiciMU'dcil in lixiii',' I'or ilsclC a lai-^;iM' liiiiil, this lias liciMi liy till cxc'l'ciso 1)1' iiuiritiiiii: ]iiiwcr, and cunstitiitL'S an fXi'i'iitiun tn tlic i^'iMicial undiTstandinK wliiili li\u tlio mnyo of a ciiiiiKin-sliiit (wlicn it is inado tlie li'sl nf jiiiisdictiun) at J niili'S. Su isciiiTiilly i. this lulij a(^r('i)lo(l, tliat VM'itcis inuiiiiniily iiso tliu I'Xiiiv^sions cil' a raii^^u dI' cannnn-sliut ami I! iiiilij as ('i|iiival('iils ui uacli foruicr." ■tin.'!'. In ullicr casus, tlioy nsu lliu lallut uxiiiossion as u sulntilutu lur ihu And ill a later coiiiinuiiicatiou on tlio saiuo suhjoct ul' tlio lOtli Aufjiist, 1863, be ol)serves : — " Ncvritlicli'ss, it I annul lut lalniittcd, nor indi'(;d is Mr. Tas.aia niiiirislniid tu tlaiui, llmt tii- incrc assc'itiun u( a Snvcrcinn, liy an ait nl' Ic^islalinn, however solcinn, can liavi; the cH'i'i" • Cfltiililisli and lix its cxtiTiial niaiitinii! jiirisdicti'in. His li^^ht to a jurisdiction of :i miles is iler not from his own llucivc, lull from tliu law of nations, and exists, even tlion;,'li he may never liiivc proclaimed or asserted it liy any Il.jcree or Deeliuation what'ioever. He cannot, liy a nien^ Dwiw, t'Xtenit the limit and lix it at (i miles, liecanse, if he conld, he could in the same miuiiier, ami U|h)ii inoiives of inlcresL, aniliitidii, or even npon cajirice, lix it at 10, or I'd, or ,'iU miles without the coiisfiit or iic(|ai('scem'e of oilier Towers which liavu a common rii.'lit with himself in the freedom of all tin oceans. .Such a iirutension couM never he snccii.ssfuUy or rij^htl'nlly maintained." The same jji-iueiples were laid down -ii a note addressed to Sir E. Thornton Iiy Mr. i'ish, tiien Seeretary of State, on the 22iid January, 1875. ilr. I'isii there stated; " We liave always uiiderst'iod and asserted that pursuant to puhlfe law no nation can rightlully elaim jtirisdietion at sea heyoiid a marine leaijue from (he eoast." lie then went on to explain the only two exeeptions that were apparently knov.u to him so far as the United States were eoneerned: certain llcvenue LaAVS '"'■' admitted the hoardiiiii; of vessels at a distanee of !• Icaj^ues fiDm the eoast, which, L said, had never heen so ajiplied in jiraetiee as tf) give rise to complaint on the part of a foreio;n GoM'rnment; and a Treaty between the United States and Alexieo of ISf-, in which the hoiindary-line l)etween tin.' Iw" States was described as bcijiniiinu' in tlic Gult of Mexico, 3 teao;ues from land. As regards this stipulation, be observed that it had been explained at the time tiiat it could imly alVeet the rights n!' Mi'xico luid tlio United States, and was never intended to trench upon the rights of Great Ih-itain or of any other I'ower under the law of nations. It would .s(;em, therefore, (liiit llr. lish wa.s entirely unaware of the exceptional jurisdiction iii Jiehring's Sea, w iiieli is now said to hav«! been conceded by the United States to Ilussia from 1S2.'3 to 1S(;7, transfeiTcd to the United States, so far ns tlie American coast was concerned, oidy eight years before he wrote, and wliidi would presumably be still acknowledged by them as belonging to Ilussia on th(^ Asiatic shore. I must siijipose that when Mr. Hliiine stales that "both the L'nited States and Great Britain recognized, resjjceted, obeyed " th'- Ukase of 1821, in so far as it allVctiil Behriiig's Sea, he has some evidence to go upon in regard to the conduct of iiis country which is unknown to the world at large, .id which lie has not as yci produced. Ikit I must be aUov.id altogether to deny that the attitude of Great Britain was such as he represeiit'; > r that she ever admitted by act or by sulferamv the extraordinary claim of maritime jurisdiction which that Ukase contaim.'d. The inelosed copies of con'sijondenee, extracted from tlu; andiives of this Olfiei'. make it very (liflieult to believe that ]\lr. Blaine has not been altogether led into crriir. It results from them that not only did Her ^lajesty's Government formally jnotest ag.'iinst the Ukase on its iirst issue as contrary to the aeknowh'dged law of nations, but that the Jlussian Government gave a verbal assurance that the claim of jiudsdictiun would not be exercised. In tlic subsequent negotiations great importance %3s attached to obtaining a more formal disavowal of the elaim in the manner least hurtful to llussian susceptibilities, but so as ell'eclually (o preclude its revival. And tliis security the British Government undoubtedly considered that both they and tlif United States had obtaimjd by the Conventions of 1821 and 182.5. Upon this point the instructions given by ilr. George Canning to Mr. Stratford Canning Avhen the latter was named Plenipotentiary to negotiate the Treaty of Ib'l'i have a material bearing. Writing uiuler date the 8th December, 1821, after giving a summary of tk negotiations up to that date, ho goes on to say : — " It is eonipnrativcly indili'ereut to us whuther wu hasten or post|)ono all question.'^ respecting the limits (if teiritnriiil po.saession on the Continent of America, hiit the iireteneions of the Kussian I'tef if 1821, to exclusive dominion over the racilio, could nut continiio hinder uurelieulcd without coui[)dliBc' U3 to take somj measure of puhlie and eflectual remonstrance against it. 6T9 .tiliile lur the " VdU will, th(\ri'fciri', tiiko rurc in tlio liist iiistimtM to ii'iuvsh iiiiy (illfiii|it to jjive tliis cljanfje to lliR chimcti'r rif the my itintioii, and will dci'liri-i', willidut rcsiTvc, lli;it flm ]«nnl Id wliiili iiluiio the solii'itiiilo of till' IJritisli (iiivcriimc'iit, iukI tin; jimIuii v uf tliu liritiili imti(jii, attacli any ureat ill!]" r'^iiipo is till! (Idiii^! away (in a iiiaiiiicr as littlo (li-;i^'ieeablo to llwiaia m possihli') of tlio cfl'oct dtl,r I'kas.. oriH2l. ^ Tliiit tlii.s Ukases in not in'tcd ii]joii, and that iiiatniotioris liavd loii;,' n^o Iwcn ;Hi'iit hy the llnssian (I'lVcriiiai'iit to their iriiizcrs in tlu- I'acilic to .siis|iciid thc! t'xociitioii of its ])rovision'i, is tint', Imt i piiviit'! disavowal of a imlilishi'd claim is no siTurily a','ainst tin' n!viv;d of that claim ; tlio iii'|«MisiiiM of thn cxocution of a ))riiic:iiilu may U: iicii'uctly coiiiimtihlu with tho contiunod inaiiiteimnco if tin.' priiiciplu itself. • »•••• "Till' iii;lit of tho snhjpcta of His Maji'sty to imvii;ato freely in tlin Pacific cnnnot ^'", held na a mattiT uf inilnli^cni'i' from any l'owi;r. Havin;.^ oncu hucn pnhliidy iincstioiinl, it ri'i ' hu imhlidy fi.kninvlnlL;i'd. " Wi' do not ' Riro thiit any distinct refurenco should bo inado to tho Tkus.. of 1-!l'1 hut wimIo IVil it lll■l•(■s^iary that the statement of our ri!,dit should hu iduar and iiosi'ivi', uinl that it .-hould «t.iiiil fi'i'th in the Convention in tho [ilai'ii whirh |iro]icrly hcIoii','s to it as a i.liin aiii! sulistantivcs s!i|iulittiiin, and not ho hrout;ht in as an incidi-nt^il consi'iiui'iicu of other arran;.,'i'nieiits to wliieh we ult.iili i'niii]iiirafivL'ly little im|iiirtanci'. "This stipalaliun stands in the f»mnt of tho Convention conduiled between IJussia and tho Uniti il Stiites of America, and wo st«3 no reason why, iijjoii simihir chiims, wo should not obtain txiiilly the like satisfaction. •■ Kiir reasons of the same nature we cannot consent that the liliuity of naviyation thronyh Ilcliriiiu's Straits should he stated in the Treaty as a hooii from Uiis-iia. "The tendency of such a statement would lie to ^ive conntenaiice to those claims of exclnsivo jiiri.iiliptinn against which we, on our own behalf and on that of the whole civilized world, protest. " It will of course strike the Russian I'lenipotentiaries that, by the adoption of the American Article res])eotinf,' navi<,'ation, &c., tho provision for an exclusive (isliery of 2 leagues from the coasts "four ifispeclive ]iosse.ssions falls to the Hi'ound. " I'.ut the omission is, in truth, iiniiiaterial. "The law of nations assigns the exelusivo sovereignty of 1 league to each Power off its own iums, without any specihed sti|inlatioii, and though .^ii (.'harles liagot was aiithoii/ed to .sign the I'mivi'iitiiin with tlie speeilic sti|iulatiiiii of 2 leagues, in ignorance of what had been decided in tho .ViinTiiiiii Ciiiiventioii at the liiiii!, yet, after that Convention has been soiii* months before the world, ami after the op[ioi'tuiiity of recousidiMation has been forced upon us by the act of Itnssia herself, wo laiiii'it now consent, in negotiating rfi; ;/«i-», to a stipulation which, while it is ahsolutely unimportant ti any |iractieal good, would appear to establish a cuiitnict between the United .Stales and us to our liisailvautage." Mr. Stratford Canning, in his dospatcli of thc 1st March, 1825, inclosing tho Conveutiou as signed, says : — " With respect to Bolmng's Straits, I am happy to have it in my power to assure you on tho joint aiulinrity of the Russian Plenipotentiaries, that thc Em|»'ror of Pussia has no intention whatever of maintaining any exclusive claim to the navigation of these Straits, or of the seas to tho north of them.' Those extracts show conclusively : (1) that England refused to admit any part of the llnssian claim asserted by the' Ukase of 1821 to n maritime jurisdietion and oxeln-ive rit^ht of lishini; tliroiiLrliouf the whole extent of fliat claim, from Beliring's Strnits to the ."ilst paralli'l ; (2) tluu the Convention of 1825 was regarded on both si(le< MS a reniiiieiation on the part of Hussia of that claim in i;> entirety; and (3) that ihi)ui,'h Hehring's Straits was known and s|ieeifieally provided fur, Bciunig's Sea «nsii,it known hy that name, hut was regarded as ])art of the I'iiciHe Ocean. The answer, therefore, to tli<' (piestioiis with which .Mr. Blaiiu! concludes his iles]iateli is tiiat Her Majesty's Government have always claimed the freedom of tmvig:ifioii and iishiiii; in Ihc waters {,f IJehrinLr's Si-a outside the usual territorial limit of 1 marine league from the coast; that it is impostihlc to admit that a public right to lisli, (-atch seals, or pursue any other lawful occupation on the high seas ran 1)1! held to he abandouwl by a nation from the mere fact tiiat for a certain nuinlier of years it has not suited the subjects of that nation to e.vercisc it. If must be remembered that British Columbia has come into existence as a Colony at a comparatively recent date, and that the lirst considerable influx of population, some thirty years ago, was due to the discovery of gold, and did not tend to an immediate develcpment of the shipping interest. I have to request that you will communicate a cojiy of this despatch, and of its iiielosiu'i's, to Mr. Blaine. You will state that llrn- ^tajesty's Covernment have no ilesire wh.iicver to refuse to thc United States any jurisdietion in Beliritii^'s Sea which was conceded by Great Britain to Russia, and which properly accrues to thc present 520 possessors of Alaska in virtue of Ti-oatics or the law of nations ; and that if the United States' Government, after examination of the evidenec and arguments whicli T have prodnecd, still dlil'er from them as to the legality of the recent captures in that sea, they are ready to agree that the question, with the issues that depend upon it, should he rcfomid to impartial arbitration. You will in that case be authorized to consider, in concert with Mr. iilaine,- the method of procedure to be followed. I am, &c. (Signed) SALISBURY. Inclosure 1 in No. 382. Lord Londonderry to Count Lieven. Foreign Office, January 18, 1822. THE Undersigned has the honour hereby to acknowledge the note addressed to him by Baron de Nicolai, of the 12th November hist, covering a copy of an Ukase issued by llis Im])erial ^Majesty the Emperor of All the llussias, and bearing date the 4th September, 1821, for various purposes therein set forth, (^specially connected with the territorial rights of his Crown on the north-western const of America horderiug upon the Pacific, and the commerce and navigation of His Imperial Majesty's subjects in the seas adjacent thereto. This document, containing Regulations of great extent and importance, both in its territorial and maritime bearings, has been considcnnl with the utmost attention, and with those favourable sentiments wliich llis Majesty's Government always bear towards the acts of a State with which His Jlajesty has the satisfaction to feel himself connected by the most intimate ties of friendship and alliance, and having been referred for the Report of those high legal authorities whose duty it is to advi-se llis Majesty on such matters, the Undersigned is directed, till such irieudly explauations can take place between the two Governments as may obviate misunderstanding upon so delicate and important a point, to make such provisional proti'st against tiie enact- ments of the said Ukase as may fully serve to save the rights of llis 5rajesly's Crown, and may protect the persons and jjrojjcrties of llis Majesty's subjects from molestation in the exercise of their lawful callings in that quarter of the globe. The Undersigned is commanded to acquaint Count Lieven that, it being the King's constant desire to respect and cause to be respected by his sulijects, in tht fullest manner, tb(! Emperor of Russia's just rights. His Majc'sty will be ready to enter into amicable explanations upon the interests alYectcd by this instrument, in such manner as may be most acceptai)le to His Imperial Majesty. In the meantime, upon the subject of tin's Ukase generally, and especially upon the two main principles of claim laid down therein, viz., an exclusive^ sovereignty alleged to b(!long to Russia over the territori(!s therein described, as also the exclusive right of navigating and trading within the maritime limits therein set forth, liis Britannic Maj(!sty nuist be understood as hereby res(!rving all his rights, not being prepared to admit that the intercourse which is allowed on the face of this instrument to have hitherto subsisted on those coasts, and in those seas, can be deemed to he illicit ; or that the ships of friendly Rowers, even supjxising an unqualified sovereignty was proved to appertain to the Imperial Crown, in these vast and very imperfectly occupied territories, could, by the acknowledged law of nations, l)e excduded from navigating within the; distance of 100 Italian miles, as therein laid down, I'ruin the coast the exclusive! dominion of whicdi is assumed (l)ut as llis Majesty's Government conceive in error) to belong to His Imperial Majesty tin- iJmperor of All t\u' iUissias. (Signed) LON DONDEIlllY. 621 Inclosure 2 in No. 382. Memorandum hy the Diikf of Wellincjtov. — {Srpleiiiher 1 1, i '■^'JU.) IN the course of a convoi-sation ■\vliicli I lisid yi'sterdtiy witli (Jomit Licvon, lie infitriiieil tliat he liad boon ilirootorl to j^ivc verb;,! ox])lanntif)ns of (lio I'kaso rospceting (he iidi'tb-wostern coast of America. Tliosc <'\|pIaiiation.s went, lie saiii, to tliis. tliat ilic Ijiiperor did not |>f()))os(! to carry into execniion the I'kasc in its ('xteiidod sense; tlmt ills im|)erial ^[ajesty's sliips bad ))ci'n diiocted lo cruize at tlio siiorlesl ])ossibie (li^tMiicc from tbe siiore. in ordtjr to supply tiie natives with arms and amnuuiilion. 1111(1 in order to warn all vessels tliat tliat was His linpei'ial .Majesty's dominicm, and lli;il His Imperial Majesty bad besides j;iven directions to bis Minister in tbe Unite'l Sfiitcs to agree upon a Treaty of Liimits witli the [Tnited .States. Inclosure 15 in \o. '.]H2. Mr. G. Ciiiininij io the DuI

    His .Majesty oi\ sucli matters, and a note was in ci)iise(iu»'iH'(' addiess(;d by tbelato Marquis iif l/)iulonderry to Count Lieven, tbo llnssian .Vmhassinlor, ;ind also commnnieated to His .Mrijest;, 's .\mbassador at St, I'etersburt^b, jirotestiiii; Mt;aiii>it tin- enactnuMits of tlie said Ikase, and reqiiestint; sucb amicable explanations a ,in"i;bt toiid to roconeile tbe |)iotciisions of Itussia in that qiiartiT of the ;;lobe with tbe just rij^bts of His ^^!ljesty's Crown and tbe interests of bis subje(;ts. .\s sucb cy|>laiiatioiis will jirobably be oiVered tn your Orace during the Conference's about to take place at Vienna, 1 basten to «ii,'nii'y to yon tbe King's commands as to the language wbicli yon will bold on tbe |iart of Jlis Majesty upon this siibjoct. 'I'be ojiinions given in November and December Inst by Lord Stowell .'iiul by His .Majesty's .\dvocate-(ieneral (copies of wbieli are already in your possossinrn will funiish you witb tbe best legal ari,'umenls in oppusi'ion to tbe pniteu'^ions put foi'ward ill tlio llnssian l'kase; and, as in both tlu>se opinions much stress is very properly laid iipfiii the state of actual oceupation of tbe territories claimed by I'lissia, and the dill'iroiit periods of time at wbicli tlii\v wen.- so oecu]iied, 1 have obtained from tbe (iovcrnor of tbe principal Company of His ^lajesty's subjects trading in that part of the world tlu! information wbieb your (Jniee will tind in tlie inelosel papers. That information will enable you sutriciently tu prove to tbe liussiaii Minist<'i', not "Illy (hat the ])oint of prior discovery may be fairly disiuited witb Russia, but that tbe iiiMcli more certain tit'e of actual occuiiation by the .lu'ents aiul the trading s"rvaiits of till' llnrlson's Hay Company extends at this moment to many dogree> of higher l.afitude on the north-west coast of Vmeriea than is eiaimed as the l.'rritory of I'usi-ia by tbe l'kase in (piestion. J^nligbteiied statesmen and jurists have long licKl as insignilicant all titles of ti'vritory that are not founded on actual occupation, and that title is, in the opinion of tlii'iaost e.stoemod writers on [uiblic law, to be established only by |)iaetieal usi' A\'ith respr'ct to the other points in the l.kaso \\liicli have the olVeet of extending till' territorial riglit» of linssia over tla. adjacent seas to the unprecedented distance of I'll) niiles from tbe line of coast, and of closing a bitberto uiiubstructeil jiassagc, at the piTsont moment the object of imjiortant discoveries for the jironiotion of ifcneral commerce .and navigation, these prelensionsjireconsideri'd by the best leijal authorities as Jiositive innovations on the rights of navigation; as such they can receive no explanatiou from further discussion, nor cau by possibility be iustilied. Commou usage, wliieh has L128J 3 X 522 obtainofl the force of law, has indeed assigned to coasts and shores nn accessorial boundary to a short limited distance for ]iurposes of protection and ijeneral convenicnco, in no manner iiiterlcrin!^ willi the rights oi' others, and not olistruetinL,' tlie f n-edom of fjencral eoinineree and iiavi^'atimi. hut tiiis important qualilication tlic exirnt of the present claim entirely exclucles, and wlien such a prohibiiioii is, as in tiio present caso, applied to a of coasts and also to iulcrincdiate islands in remote •^eas, wlioro navitration is l)eset Avith innumerable and unforeseen dillleulties, and wlicro tlic principal employnienl ol' lln' li-'n'i-ics lousi he pui^ued umh';- eireumslances uiiicli an; inconipatil)l(> with the jirescrihed coui'scs, all particular consiileraiions eoncui', in an esjjeeial mannei', witli the '^("iiernl |)rin(;i|)le, in rejullinL,' such a ))rc'teiisi(m ns an encroachment on the I'n'edoni of n;iviuation. and ilir unali<'nahle riy:lds of all nations. I liavc, indeed, the satisfaction to l)elie\-e, from a eiinl'erenee which I have had with Count Lieven on this matter, that upon these two ])oin|s -the attempt to sliut lip the passapj altoEjether, and the (daim of exclusive dominion to so enornioiis a distance from llie coast — the Jlussian (iovernineni are prepared <'ntirely to waive their pretensions. The only eflort tliat has l)een made to justify the latter claim was hy reference to an Articde in the Ti'i^aty of Utreclit, which assi^^us IJO leagues from the coast as the distance of ])rohil)ition. Hut to this ari,'innent it is suiruricnl I o answer that the assumi)tion of sueli a space was, in the instance quoted, by stipulation in a Treaty, and one to wliicdi, tiicrcfore, tlie party to he alVected l)y it had (wliellier wisely or not) given its delil)erate consent. No inference could bedrawn from tliat transaction in favour of a claim liy authority against all the world. 1 have little dmiht, llierefore, but (hat the public notification of the claim to •consider the portions of the ocean included between the adjoining' ci):ists of Ameriea ninl the linssinn I'mpii'O as a mdrc rlanKum, and to <'xt(Mid the I'xclnsive territorial jurisdiction of Russia to I'm Kalian miles i'rom the coast, uill be jiuhlicly recalleil, ami T hav<' the K'iiig's comm:in'ls to instruct your (Jrace further to n'tpiire of the llussian .Ministi^r (on the ground of the facts and reasonings furnished in thisdespateli and its in(dosures) tliat s\udi a ])ortion of territory ahme sliall be delined as iKdonsjinL.' to I'ussia as shall not interfere with the rights antl actual possessions of Mis .Majesty's subjects in \ovth Amerie.'i. [ am, &e. (Signed) OEO. CANNING. Inelosure i- in No .'5S-J, yirinniiUKliiiii nn l\usit!ini I'hisc nf ]^'2\ . IX the month of September 1>^l*l His Imperial Majesty the ICmperor of llnssia issued an I'kase asserting tlie existence in theCrnwnnf j'nssia of an exclusive risrlit of siivcreignty in the countries I'xtrnding frcnn liehring's .Straits to the "ilst dc^'reeol north latitude on the west coast of .\merica. and to tln^ l.')th degree of north latitiulo on the op|iosite coast of Asia; antl, as a (|nalilied exercise oi' that riu'lit of sovereiLTiity, ])i'ohihitini,' .'ill foreign vessels from approaching within iOH Italian mihs nf Iho-i' coasts. After this L'kase had heen submitted hy the king's (loveruuu'nt to those h".'al authorities whose duty it is to advise His Majesty on smdi nuitters, a note was achlresscd hy the ' ite .Maripiis of l/indonderry to Count Lieven, the jlussian Amhas- sailor, jirolcsijui; against the enactuu'nts of this Ckase, and i-e(|uesting such aniiealik' explanations as might tend to reconcile (he |)rctensioiis of jtussia in (hat (piaitiT of (he globe with (he just rin'hts of Mis Majcst\'s (,'rown and (hi- intei'csts of his subjects. ^Yo (d)ject, lirst, to the claim of so\creigniy as .set I'nrlh in this Ukase; and, secondly, to the mod<' in AAhiidi it is excrcisf^d. The best wi'iters on the laws of nations do not nt(rihut(! (he excdusive sovereipity, parti(!nlarly of l!ay Cnmpany have for many years estahlisheij lorls and other (raiiiug-slalioiis ih a country callc()', IVoni wlience they cJin-y i)u trade witli the Indians iniiahitinif the countries to tlie west of tliat river, ami who, from tlu.' nature of the eountry, can eommunieate with Maelcenzic's lliviT with niorc! facility than they can with the ))osls in X(!w ('ale(h)nia. Thus, in ii[i|)i!-.itioii lo tlie claims I'oundeil on diseo\ery, llie ]n'iority oi wliieh, howev<'r, we cimri'ive we miijjlit fairly dis|)ut(!, we have the iudis])utahle claim of oecupaiiey and iiM' foi- a series of years, whi<;li all the hest writers on the laws of nations admit is the hpst'i'ounded claim for territory of this description. Olijecting, as we do, to this tlaini of e.\.elu8ive sovereipfuty on the part of llussia, I miyht save myself the trouble of (liseiissinu; the particular mode of its exercise as set forth in this Ukase. But Vii' olijeet to the sovereii^'nty pro|)i,sed to l)e exercised under this Ukase not less than uc(i(j lo the claim of it. We (Munot admit the riyht of any Power possessing the siivcr.'innly of a couiiti'y to exclude the vessels of others from the seas on its coasts to till' (listiniee of 100 Italian miles. We must ohject likewise to the arrangements fimtaiiieil in the said Ukase conveying:' to jji'ivate mevcliaiit-ships the rii;ht lo search in tiiiie of peace, &c., which ai'e i|uite contrary to the laws and usai^es of nations and to llic inaciiee of modern times. (Signed) "WELLINGTON . ViioiKi, Octnlwr 17, 1822. To f.'oinit Xesselrode. Indosure 5 in Xo. ^H2. C'jiiiit Xos.frlrodc lo IliC Duke of IVclliiif/loii. (Airrnuin' (onlidentiel.) Wrniir, Ic 11 (2;?) Novcmhic, 1«22. i/i: Cahinet de Uussie a pris en inui'(> consideration h; ^Fenioire Confident iel (jue M. Ic i)ue(h' Weiliiiin'ton iui a reniis le 17 Octoln'c dernier, relaliveinent aux mesures :iilii]itei's ])ar Sa .Majesle rHiupereur, sous la date du ( t) 10 Septemhre, Isiil, pour ilcli'iiniiier reteiidue des possessions Itusses siir la cote nord-ouest de rAmeri(|Ue, et \mw iiitcnlire aux Aaisseaiix etrangers i'ajiproclie de s(.'s )ioss(>ssions jusfpfa la distance ilelooiuilles d'ltaiii'. Les ouverfures faites a ce sujet ;m (Jouvernement de Sa Majesfe Jiritanniipie liar le Comte de Lieven an iiiomenf oil cet Amhassadeur allait (luittor Londre.s (loivent (leja avoir prouve que I'opinion que le Cahinet de St. .lames avail concne des miMires (lent il s'agit net.'iit point fondi'-e sur une appreciation entierement exactc des viics (le Sa Majeste Iin))eriale. \i\ Itiissie os| loin de meconnnltre que I'usa^'e et roccu])ation constituent la plus ^'lli(le il(>s titi'es d'apnV lesipiols un f'tat jmisse reeiamiM' des di'oits d" souveraiuete la ])ar(ie de cette ciMe qui Iui apparlient. I'elnit an contraiie |i;iree (|u'elle regardait ces droits de souveraiuete coturue Ic'^ritiiiKN, ot ])arce (jue des eonsidei-ations imperieuses tenant it rexisteiiee nn'^nie du miiiiiieire (pi'elle fait dans les ])arages d(> la cote nord-one.st de rAmericiue, hi fon;aient 11 I'talilir im syslenir de pri'^eaulions deveiiues indispensaliles, ipi'elle a fait paraitre I'Ouka.v du (1) 10 Septemhre, ls21. La liussie serail toujoiirs prete a faire part des motifs ([ui en juslitient les fcliiiMtiiiiis ; mais pour le moment elle se hornera aux ohscrvations snivantes: — -M. le Due de Wellington allirme, dans son Memoire Conlidentiel du 17 Octohre, |i"' (Irs I'tahlisseineiUs Anglais, appartenant a deux Compagnies, cell;- de la l?aye de Ihiilsoii ('t eeUe du Xor(h(hu'st, s(> sont form(''s dans une contree nppeh'e la Xoiivelle- tali'doiiie, (jiii s'(-ten(i le long de la cote de rOei'an I'dcitlipie, depiiis le Ml' ius(|u'au dO' (legre de latitude septentrionale. _ La liussie m- parlera point des I'tahlissemenls (pii iieuveni existerentre le t!l" et Will' |i,u:i 111' le; mais i|uant aux aiitres, elle n'h.'site jias de ediivenir (prelle en ignore JUSqiiii pi'e.M'iit rexisleiiee, pour autaiit an inoiiis ipTils loneher.aienl I'l )eeaii l'aeili([Ue. Les Cartes Anglaisos menie les plus recontes et les plus (uHaillees n'indiqueut [1 S] 3X2 524 absolument aiicune des stations dc comiiiercc nipntionneos dans le Momoire du 17 Octohir, SUV la coti.' nir-iiu' do rAnii''ii(jii(;, cutio le 51' ct Ic (iO' degn; dc latitude st-ptcntiionalc. D'iiillcuis, (loj)uis Ics I'xjR'ditioiis do Jidirin-j; et de Tclurikoff, c'est-fi-dire dcpuis |)i'es d'uii sii'-elo, di's ('•talili^scmoiits Hiissfs out pris, fi paj'tir du GO' dci^iv, line extension pi'0!,'iTssivi", i|iii (U's I'unnee 17!)9 les aviiit I'ait parviMiii' jiis(iiraii 'lo' paralli'le, eonimc Ic porte la ])i'eini("^i'(' {'liarte dc la Cunipaf^iiii: Itusse-Anir'i'icaine, cliarto ([ui a i'e(;u daas h temps lino pii!)Ii(.'il>'' ollicielle, ct i|ui u'a motive aiicmie [irotestation de la part de rAnuletene. Cette inemc cliarlc accordail a la (.'ompayinic llussc le droit di; poi'tcr m's ctablissemeuts vers le midi an dcla ihi 55' ilcu;re de latitude^ si^plcntrioualc, iiourvii ([uc de tcls accroiss(;mcnts dc teiTitoirc lie piisseiit doniici" motil' de I'celaniation h aucuuf Puissance cti'ans^cn.'. L'Antiletcvre n'a pas non plus i)rotesti' eoidrc eette disposition; olle n'a ])as mcme reelame eontrc Ics uouvcaiix ctal)lissemenls (jue la ('ompau;nic liussc-Ameiicainc a pii t'ormei" an sud du 55' deijie, en vertii dc cc privilege. La iiussie ctait done plciiieinont autorisee a prolltcr d'un coiisentemeiit ([ui, pdiii' ctu! tacitc, ii'en etait pas moins solcnnel, ct a dctcriuiucr pour bol•n(^s de scs doinaim's le degre de latitude jiisiiu'amiiiel la Com])ai^nic lUisse avait ettnidu scs opcvatioiis depuis 17'.)!). Qiuiiip.'il en soit. ct (|ucl(|iic I'orcc <(uc ccs cirr'(jnstanccs prctenf aux litres dc hi Iiussie, Sa Maje»tc Impi'rialc iic dcvicra point dans cette conjuncture du systcmc liabitucl de sa politique. Lc premier de scs vumix sera toujours de prcvcnir toute ilisciission, etde consolidcr dc plus cu plus le.s rapjxn'ts d'amitie ct de parfaite intelligence ([u'eilc se I'clicitc d"ciitretcnir avc(! la Orande-lirclagne. En eoiisc(jucnce riviu])cieiu a charge sou Cabinet de declarer a il. le Due di; A\'ellini:;ton (huuh (|iie cette dcclaiation ])uisse prejudieier cu ricn a scs droits, si die ii'etait point aeceplce) ijii'll est |)ret a llxcr, an iuo_v''u d'ii:ie ut''i;'ociation amicule, ot sur la l)ase des e(juvi'uaiiccs mutiicllcs, les deifies dc latitude ct dc longitude que lc« deux ruissimees fcu-arderont commc dcrnicro limites dc leiiis jiossessions ct de Icurs etablissei-'.cnts sur la cote novd-oiicst de rAnu'riqiic. Sa .Majeste Impcriiilc se jilait a cioirc (]uc cette ncu;ociation ])Oiirra se terniincr .sans dilliculte a la satisfaction n'-ciproquc fles deux fitats ; et lc Cabinet do Itiissic pent assurer des a present M. |c Due de Wellington que les mcsures dc precaution ct de surveiilanc' qui scroiit prises alors sur la partic Russe de la cote d'Amcriqiic se trouvcroiit entierement eonibrmcs aux droits di'-rivant de la souverainctc, aiiisi qii'aux usages etablis entro nations, ,:t (praucuin^ plaintc legitime no pourra s'clcvcr contre cllcs. ( Trniislation.) (Conlidcntial Menioranduni.) Verona, Xnrt'mhcr 11 (2;5), 1^21 THE Cabinet of I'lissia liavc taken into mature consideration the Contidi'iitiai M(!iuoranduni forwarded to them by the Duke of Wcllintjton on the 17th Octolicr last, relative to tlie measures adopted by His Majesty the J'lmjjcror, under date it the 4th (Kith) September, 1x21, for deliniui.'' the extent of the Russian possessions on tlic north-west coast of America, and for I'oibiddin'.^ foreign vessels to ap])roaeli lii^ possessions within a distance of I'M) ftalian milca. The <)\i'rtiires made on this subject to iiie Cio\cinmeiit of His [{ritannic Jfaje>ly by Count de liicMai at the momciil when that Anibiissjulor was aiiout to leave EoiidiJii must already ha\c proved that the opinion which the (Cabinet of St. .lames' had I'oriucd of the measures in i|itestion was not founded on an entirely .accurate a])prei'iatioii of the views ot His impia-ial Majesty. Russia is far from failing to recognize that custom and occu[)ation constitute 'In' most solid title upon which a State can claim rii^hts of sovereignty over any portion "I the mainland, itussia is still further from having wislied to arbitrarily ti'ansnicss tlic limits which that title assigns to tier dominions on the iKM'th-wcst coast of Aiiienca. or to exalt into a treneral priMii])le of maiitimi! law t)ie rules which a uccessit\ nl purely local cliaractcr had obliged her to lay down for foreii;n navigation in tin' neighbourhood of the ])ortion of lliat coast which belongs to lier. It wa;., oil the contrary, because she re^iirded those rights of soverciijuty as legitimate, and because imperious eonsidecitions iuMilving the \cry existence of tlu' eommerci.' which she carries on in Hie latitudes of the north-west coast of Aiiien'i':i compelled Uer to establish a system of precautions which became indispcusahle, that she caused the Ukase of tlic Ith (Kith) September, 1^2], to be issued. r.26 Itiissiii would be always ready to cxi)Iain the motives which justify the provisions III tliiil (locumcut ; hut tor the inojucnt she will coiiiiiie hersell' to the follQwin<,' iilhi'i\Mtii)iis :- 'I'lic Duac of AVi'lliiif,'t()ii asserts, iu his rdiilidciitial .McnioiiiiKhun ol' the 17th Oi'tiil)('r, that Euiilisli ('sfiil)lisliiiii'uts h('l(jiiy;iiiir to two L'oiiipanios, the Hudson's Bay ('oitipany and the Noif!i-West ("ouipaiiy, have hcen lornu-d in a country called N(!W Ciiiwloiiia, which <'xt('ndsi aloiiL;- tin; coast of the Pacific (Jecan from the l!)th to the (iOtli (Icuicc of north latitude. Iliissia will not refer to the cstahlishnienls which may exist hetween the l-9th and ')h\ jiaiailcl ; hut, with reu'ard to the others, she docs not hesitate to admit that she h, up to tlu! present, ii^noiant of their existence in so far at least as to their touehini; tlic raeiiic Ocean. I^ven the most recent and most minute Eni,'lisli ^laps f^ive ahsolutely no indica- lioii (if the tradiuy: stations, nienlioin-d iu the Alemorandum of the 17th October, oil tlie coast of America bet.Mcen the olst and OOth dci^ree of north latitude. On the other hand, since the expeditions of JJchrini; and Tidiirikoff, that is nearly a century ago, Jlussian establishments have extended progrcssividy from the 60tli (Iciricc, so tliat by the ycai' 17'.)'J they had reached the o.")th parallel, as is shown by the first ( liarter of tiie I'usso-Ameriean Coni])any, a Charter which received official pulilicity at the time, and drew forth no protest on the part of England. This same Charter i,'rantcd to tin; Eussian Company the right to extend its istiiblishiucnts towards the south beyond the Goth degree of north latitude, provided thdt such uierease of territory could not give rise to objections on the part of any foreiini I'ower. \or did England protest against this provision either, nor did she even object to till' new establishments which the Russo-Anieri(;an C'oniiiany was able to form to the Miiitli (if the Goth degree in virtue of that privilege. Russia was therefore fully enlitliMl to iirotif by a consent whicdi, for being tacit, I'lis none the less solemn, and to lix as the bouniiary of her dominions the degree of hititiidc 11]) to wiiich the Kussian Company had extcndi'd its operations since 17'.)fl. H(> this MS it may, and \vhat(;\('r force these circmnstanccs may uivc to the titles of Russia, His liupeiial .Majesty will not deviate at this juiK-ture from the habitual system of his policy. His tirst M'ish will ;iiways he to ])rcvent all discussion, and to strc'iigtlieii more mid more the relations of friendship and ('(unplete understaudinu; wbicli he is happy to miiinlain with (Jreat Ihitain. roiise(|uentiy, the I']m])er(ii' has eharired his CMliinet to declare to the Duke of Woiliiitjton (such deidaration not to prejudice his ritrhts in any w;iy if it be not ;i(.'C('])le(l) that he is ready to fix, by means of friiMidiy negotiation and on the basis of mutual aecoiiimodation, the de^'^recs of latitude and loiiL^itude which the two I'owevs >liall regard as the utmost limits of their ]ioss(,'ssions and of their eslablisbnients on tlie north-west coast of America. His Imperial Majesty is ]ilcased to believe that this negotiation can be c()m]deted ivitluiut dillieulty, to the )iiutiial satisfaction of the two States; and the Cabinet of Russia can, from this niouient, assure the Duke of W ellinirton that the measures of liiccaution and superintendence « hich will then he taken on the Russian part of tile coast of America will lie entirely in conforniily uith the rinbts derived from so( iviyii'y and with the established customs of nations, and that liiere vvill be no |'0.vsihility of legitimat'' cause of complaiul against them. Inelosure (i iu No. 381,'. Thr Duliv of W'clliiiijlon In Mr. (i. L'aniiiiiij. ■"'■r, I'eroiKi, S'i)rfinl)rr IJS, 1s2J. I INCIiOSM the c «py of a I'onlidential .Meinorandiini whicii I gave to Count NCssilriide <uf)tiat(r upon a paper in ■which a riisht is asserted inconsisteni with this prinei])le. J think, therefore, that the best mode of j)roceediM>^ woidd be that you should state your readiness to nenntiate upon the whole subject, without rcstatinii; the ohji'c- tiouable principle of tin; Ukase which wo cannot admit. I have, &c. (Sii,nicd) WELLiNG'I'ON. luclosurc S in No. 3S2. 'I'hr Dukr of H'rHiiii/loii to Mr. (t, CanniiKj. Sir, \'eroi\(i. Nori')iilirr 29, 1^-2. SINCE I wrote; to you yesterday 1 have had another conversatiou with tlir Ru.ssian ^linister reuaivliiiL;' the Uk.ase. It is now -.ettled that both the .Meniorandiiiiis which I inclosed to you should be considered as iion (iri'iiKu, and the Hussiaii Ambassador in Lcmdon is to address you a note in answer to that of the late Lord Londonderry, assuring you of the (lcsir(! of the fhiqieror to nei;oliale with you iipoii the whole quest i(jn of the Empeiiir';i claims in North America, r(>serviui;' them idl if the result of the negotiation should not he satisfactory to holh parlies. This note will then )iut this jnaltcr in a train of iiei^otiation, which is wlial aa> wished. 1 have, &c. (Signed) AVEJ.LINGTON luclosurc '.) in No. .'(62. Count lAeven to Mr. G. Cunninij. A LA suite des declarations verbalcs ipie le SoiissiL;ne, Ambassadeiir JAtn- ordinaire et J'lenipoleiiliaire (1(> Sa Majesti' ri!in|n'renr de 'I'oiites les Jlussie.s, a faitis au Minislere de Sa Majesle J5ritaimi(]ue, le Cabiuet de St. James a dil se convainere que si des olijeetions s'etaient eleviMss contre le I{efjlem(;nt jiublie au nom de !3i> Majcsti' I'Empereur de Toxitcs los Eussifs sous la date du -I. (16) Septembro, 1821, les mesiiri's iiltoriourcs adoptc'cs pnr Sa Majcstt'! Iinperiale no laisseiit aueuii douto siir la piu'cli' (li- scs Yiics ct siir IimU'su- (|u'cll(' aura toiijoiirs dc I'diicilior sos droits ot scs interi'ls avoc lc:< iiiteiots ct Ics droits ilcs I'liissauccs auxciuelles i'linisseiit les li(!ii3 il'imc .■iinitic vorifalilc ct d'niic liieiivcillaiicc rcci|)i-i)(|U(;. A\aiit d;5 qiiil'cr Vcroiic, lo Soussi^iK! ti rc(;ii I'oi'drc d(! donnor an Gouvcrnomont 'ic. S;i .Majcsto J{ri(aiiiiii|iic uiio iiouvcllc prciivc dcs disjiositioiis coniuicsile rEinjJcreur, I'u proiiosaiit Ji son Ivvccllcnci^ M. L'aiiniiiLC, l^riucijial Si-crctain^ d'Ktat dc Sa Majost6 Bi'itainii<|uc ))oiir jcs All'aircs i^traiiircn's, sans (pic ccttc pro])osition piiisso porter utteintc nux droits de Su Majcstc Inipcrialc, si die u'ost jms neeeptce, (jui; dc part et d'luilrc la (juestion de droi* strict soit provisoireincnt ecartce, et que tons les dillerends ;uix(iiicls a doiine lieu !c l!>"i,'lcnicnl dunt il s'ai^il, s'ai)|)lanissunt par un arrancrenient Miical I'onde sur le seul ])niieii)c dcs coiiv(>nanecs iniitucllcs ct (|ui serait nci^oeie a St. I'ctorsbourg. Ji'r.nipcrcui se flaMe que Sir f'liaries Haijot nc tardcra point a reeovoir les jiiinviiirs ct les insi ructions iiccessaircs a ect cflet, ("t que la proposition du Sonssi[,'n6 aclii'vera dc dcinoutrer au (jouvevucniciit de Sa Majcsfc Hrit;inni(|ne (.'onibien Sa ilajcste Imperiale souliaite (|u'aucuae diverjjjence d'o])inioM no puisse subsister entrc ia itussio ct la Grande.Bretai;ne, et qu(! le plus parfait acx-ord continue dc pi'esider h. Icins relations. i,c Soussiirne, &c. (Signe) L1E\''EN. l.mulrcs, h- 1<) (;U) Janvier, 1R23. (Translation.) BY tlie verbal decdarations made bv tbc I'ndersiirned. Ambassador Extraordinary ;iiul ricniiioteutiary of Jlis Majesty tiie iuujjeror of All llie "Rnssias, to Her Hiitiiiinic Majesty's Ciovcrnnient. the Cabinet of St. .lamc^' nui>-t liave been eoiiviueed 'liai. tliiiuiili e\-cc|ition bad been taken to tbe lic^idation ])ub!islicd f)n the ttb (l(!tb) ■^I'litriiilicr. IH^I, iu ilic name oi' His Majc'^ty tlic IjniH'i'or of All tlie Itiissias, tbe ■-ii'>sri|uciit steps lakcn by His hnjicrial Mnjcsly Icnve uo doubt as to tbe purity of bis iiitciitiiiiis. and as to tlic ilcsin- wbicb will always animate bim to reconcile bis own rii^lils and interests witb those (if tbe I'owers to wliicb be is linked by bonds of true liii'ii(lslii|) and recijiroeal sjood-will. Hcfon; icavini^ V(M'ona tbe rndersigned received instructions to give tbe Govcrn- mi'iit (if Her Biilannic ^Majesty a new ))roof of tbe known feelings of the Emperor, by |M'0|iosing to his '.'Ixecllcncy Afr. Canning, Her Hritaniiie ^[ajesty's Principal Secretary "f Stale for I'drcin'o AlVairs, whilst rescrvini;' tlu; riiiiits of His fmpcri.al ^lajcsty -lidid'l tbc jiroposal not be acccpt(>(l, that the (|Ucstion ot strict right slenUd be provi- -ii'iially set aside by bdth parties, and that all the dilTer(Mices creatcil by tbe I'ecrula- liiin in (|ucslioH should b(^ sniontheil over liy a friendly arrangement based sdlcly on i!ii' |ii'iiiciple (if mutual accdiumndatidU to he ncu'dtiated at St. I'cteisburiih. liic Ijiipcror Hatters himself tliat Sir Charles liai^ot will very shdrtly receive the iii't'i'ssary ]towerK and instructions iu tin- abovi; sense, and tiiat the proposal of the I'liilersigned will completely con\inc(> the tiovernment of Her Britannic iLajesty of till' earliest wish of His Imperi.al Jlajcsty that no dilVcrenee of oiiinion should exist lii^lwecn Hiissia ;ind (ireat I'ritaiu. and that the most perfect ai;'recnieut should I'imtiiiui! to ii'iiidc their relations. The riidersi-ned, >tc. (Signed) Lli;\i:.\. I.oikIdii, .hiiiiianj 11) (111), 1^2;!. Inelosure 10 in No. •\'^:l. Mr. a. CnnnliKj lo Sir C, litK/nl. i^ir, luiv'iyn Oflici', l-'chniary '>, lb'l',i. WITH resiicet to my despateii of tbe 31st Dceeniber last, transmitting to your Lxecll, iiey ll.o copy of an iustruetion addressed to the Duke of Wellington, as well as a (icspatch I'rom bis (irace dated Vermia, the 2'.ith iSOvcmbcr last, both updii the siiljj( ct (if the Jiussian I ka.sc of Se{>tembcr 1S21 I have now U> inclose to your lixcclleiicy the copy of a )i(ile \\hieli has liccii addressed to me by Count ]jiev(;n, t'xuri'ssing 11 is hnjieiial ilajesl s s w ish lo cuter intd miUic aniicalde .anauncmciit IVir 828 bringing this sulijoct to a satisfactory termination, and requesting that your Excellenev may be furnished with the necessary powers to enter into negotiation for that purpose with His Imperial Majesty's Ministers at St. Petersburg]). I avail myself of the ojjportiinity of a Russian courier (of whose departure Count Lieven lias only just ap])nsed me) to scnil this note to your I'xeelleney, and to drsiiv that your Excellency will proceed to open the discussion with the Hussiun Alinjsti'r upon the basis of the instruction to tlie Duke of Wellington. I will not fail to transmit to your l''xcelleney full powers for the conclusion oj' nn agreement upon this subject, by a messenger wliom f will dispatch to yon as soim ns I shall have collected any f'urtlier iiiformalioii which it may be exju^dicnt to t'lu'iiisii to your Excellency, or to found any riirtbcr instruction upon that may be necessary for your guidance in this important negotiation. I am, &c. (Signed) GEO. CAN .XING. Inclosure 11 in No. 382. Mr. Li/all to Mr. fif, Cannintj, Sir, Ship-owners' Sorieti/, New Broad Street, November 10, 1S23. IN tlie month of June last you were pleased to honour me with an interview (Jii the subject of the Russian Ukase (jrohibiting foreign vessels from toiichim; ;it dr approaeiiing the Russian establisliments along the nortii-w(!st coast of America tlieroiii mentioned, when you bad th(; goodness to intorni me that a representation h;i(l licoii made to that tiovernmcnt, and that you had reason to believe that tlie Ukasi' wuiilil not be acted ujion ; and very shortly after this comnuiiiication I was inlornicil, mi what I considered undoubted antliority, that the llussinn (Jovcrnment bad co'iseuted to will:';raw that unfounded ])refension. The Committee of this Society lieiuLr about to make their annual IJeport to tln' ship-owners at large, it would be satisfactory to tlu-m to be able to state tiie.ciii timt official advices have been received from St. I'etersburgb that, the Ukase had lu'cn annulled; and should tliat be the case, I have to express the bopcMif tlu; Coniniittiv to i)e favoured witii a communieatioTi from you to that cil'ect. I have, &e. (Signed) (iKOHUE LYALL, Cliairmiiii of Slilp-ownfr.s' CommHtee. Inclosure 12 in No. ;}H2. Lord V. ConyiKjIifim to ^fr. Lyall. Sir, Foreign O/ficr, Xnreinlier 2 and honourable conclnsiou. 'I'lic fjuestions at issue between tJreat Hritaiii and Ilussia arc short and siniyjlc Till' llussiau rkasc contains two ohjectionahle ])retensions : tlrst, an extravairant ussinnption of maritime .suiiremae\ ; secondly, an unwarranted claim of territorial dominion. As to the first, the disavowal of Russia is, in suhstanec, all that we could desire, Nothina: remaius for negotiation on (hat head but to clothe that disavowal in precise ami sali'-ractory terms. AVe would much rather that those terms should be smju'ested by llii^sia bci-self than have the air of pretcndini^ to dictate them. You will, there- fore. ii:i|uest Count IS'esselrode to furnish you with his notion of such a declaration on this jioint as may be .satisfactory to your Goverumeut. That declaratioa may bo made the preamble of tko ConTcntion of Limits. Inclosurc 14 in No 382. Mr. G. Cnnniwj to Sir C. Bagot. (Extract.) I'nroujn Offiiv, Jul,/ 2t, 1821. TT1J-; "Projet" of a Convention, which is iiiclrised iu my No. ii(j, baviiii^- been coinnumicatcd by me to Count I,ievcn. witli a request that, his Excellency would note any points iji it ujion which he conceived any dilficnlty likely to arise, or any os)>laiiation to be iiecess;iry, 1 have reeoived from bis Excellency the Mejnorandum a copy of which is berewith inclosed. \'iiur J-lxeelli.'ncy will observe that there are but two points which have struck Count Lii'veii as susceptible of any qut^stion : the lirst, (he assuuiptinn of the base of the mniuitains, instead of the sunnnit, as the line of boundaiy ; the second, the exti.'usion iif tlie riu:lit of navigation of the I'aeiCic to the sea bevond Uehrin^'s Straits. "* • • «* «■ * As to the second point, it is, jierbaps, as Count Eieven remarks, new. But it is til he remarked, in return, that the eircuinst;inees un(h;r which this additional security is reipared will be new also. liy the ti'rritorial demarcation agreed to in this "Projct," Paissi.a will become liO-vsossed, in acknowlcdired sovereignty, of both sides of Pehrings Strtiifs. The Power which co\ild think of making the I'acilic a man' rlduxani may not mniiiturally be su|)posed capable of a disjiositii'ii to a])ply the same cbaractei' to a strait i'om|irehen(led between two shores of wbich it becomes the nudisputcd owner. Hut till' sliiiitinLT up of Hehring's Straits, or the power to shut them up hereafter, would bo :i tiling' not to be tolcrati'il by Englaiul. -Nor could we submit tu be excluded, eitlujr positively or constructively, rnmi aj si'u iu which the skill and science of our seamen has been and is still employed in oiik'iprises interesting, not to this country alone, but the whole civilized world. file protection given by tlu> Convention to the American coasts of each I'ow'cr may lif it is thouirhi neeessarv) be extended in terms to the coasts of the Hiissian Asiatic territory; hul in some way or other, if not iu the form now ju'cscnted, the free nrivJL'atiou uf Echring's Straits, and of the seas beyond them, must be secured to us. Inclosure 1.") in No. 3S2. Mr. G. Canning to Mr, S. Canning. (Kxiraet.) Foreign Office, December S. lS2t. Ills ilajesty having been graciously ])leascd to n.ame you his I'lenipotentiary for ■ ' ■-■■-- - ■'^' ■" iiussian Government a Coiiveution, for terminating I'l'lirliidjii ihc I .■mil siirniii'' with thi seiussions which have arisen out of the pronuilgation of the Iiussian Ukase [128] ' 3 Y fi30 of 1821, nnd for soUling tlie res)H-ciive territorial claims of Groat Britain and Russia on the north-west coast of America, I have received His Majesty's cotnniaiids to direct yon to repair to St. I'ctcrshiirgli for that jiuqjose, and to furnish you with the necessary instructions for lorininatinii the long-protractod negotiation. 'J1ie correspondence wliich lias already passed upon tliis subject has been sub- mitted to your perusal. And I inclose you a copy — 1. Of the " I'rojet " which Sir Cliarles llaijot was authorized to conclude and si!jn some tiiontlis nRo, and whidi we had every reason to expect would liavc been cutircly satisfactory to tiie Russian Government. 2. Of a " Contre-I'rojet " drawn up by the Russian Plenipotentiaries, and presented to Sir Cliarles Ragot at tiieir last meclinj,' before Sir Charles llaj^ot's departure fruin St. IV'tersburprh. 3. Of a despatch from Count Nessclrode, accompanying the transmission of the " Contre-rrojct " to Count Lieven. In that (lespatcli, and in eert;iin marginal annotations upon the copy of the " I'rojct," arc nssigiuiil th<' reasons of the alterations proposed l)y tiie Russian IMeiiipotenliariijs. In considering tlie ex])edieney of admitting or i-ejecting the (iroposed alterations, it will be convenient to follow tlie Articles of ihc Treaty in the order in which tLcy stand in tlie Kiiglish " Trojet." You will oliserve in tiie first place that it is proposed by the Russinn Ploni- notcntiaries entirely to ehaiige that order, and to tl•an^fer to tiie latter j)art of the instrument t'lc Articli' which has liitlierto stood first in tlie "Projet." To that liaiisposition we cannot agree, I'or tlie very reason wliieli Conn* Xessclrnile alleges in favour of it, viz., that tlie " JMioiioiiiie," or arrangement of the Trca y, ouiflit 1o have relVrenee to the history of the negotiation. 'file whole negotiation grows out of the Ukase of 1S21. So entirely and absolutely (rue is this proposition, that the settlement of the limits ol the res])cctive possessions of (Jreat Jirituin and lUissia on tlie north-west coast of America was jiroposed by us only as a mode of facilitating the aljiistinent of the dilfereiiee arising from the Ukase, by enaliliiiij the Court of Russia, undercover of the more eompreliensive arrangement, to withdraw, Mith less appearance of eon- cession, the oU'ensive ])reteiisions of that Kdiet. It is e(>iM]iaratively iiidilferent to us whether we hasten or postfione all questions respecting the limits of territorial po'^session on the Continent of America ; hut the pretensions ol' the Russian Ukase ot ]8"21 to exelusive dominion over the I'acitie eoiild not continue longer unrejiealed without coinpelling us to take some measure of public and elTeetiial remonstrance against it. You will tliei-el'oie take care, in the first instance, to repress any attempt to give this elian^i' to the ehaiaeler of tin; negotiation ; and will declare without reserve that the point to wliieli alone the solicitude of the Hritish Coverninent and the jealimsy of the Rrilisli ii;ition attach any great importance is the doing away (in a manner as little rlisMuiceaiile to I'ussia as ])ossible) of the eifect of the Uk;ise of 1821. 'I'liat lliis Ukase is n.)l acted upon, and that instruetions have been long ago sent by the liiissiau Uovernnient to their ciui/,( rs in the Paeilie to suspend the execution of its piovisions, is true; but a private disavowal of a jniblished claim is no security against the revival of that (daiiu : the sus|)eiision of the exeention of a principle 'iiiiy be perfectly eoiiipatilde with the continued maintenance of the ])rineiple itself, and Avlien we have seen in the eoursi" of this negotiation that the Russian claim to the j){j>session of IIk- coast of America down to latitule .")',) rests, in fact, on no otiier ground than the jiresmned ae(|iiic-cene(' of tlii> nations of l^irope in tlie provisions of an Ukase jiulilisbed liy the J'hnperor I'aiil in the year ISOO, against which it is alliriiicd that no public renionst ranee was made, it becomes us to hi; exceedingly earerul that W(! do not, by a similar neglect on tin; incsent occasion, allow a similar presumption to be raised as to an ae(|niescenee in (he Uknse of 1821. 'I'lic right of tlie siibjeii'.s of His Majesty to navigate freely in the Paeilie cninot be held as matter of indulgence from any Power. Having once been publicly (jues- tioiKvl, it must be publicly iieknowledged. AVe do not desire that any distinct referenc(> should be made to the iJkasc ot 1821 ; but, wc do feel it necessary that the statement of our right slimild lie cle.u' atiil jiositive, and that it should slaiul lorili in tli(> Omvention in the place which projirrly belongs ( I it.tis a jilaiii .aiid sulislaiilive stipulation, and not lie brought in as an iueidenlal eonsejuenec of other ariangeinents to which wc attach comparatively little imiioil-inee. TJiis stijmlation stands in the front of the Conveutii^u concluded beiween llussia 881 and the United States of America ; and wo sco no reason why, upon similar claims, ve should no obtain fxactly tho like sa'Ksfacf.ion. For ronaons of the same nature wo canno*, consent that the liljcrty of navigation tbrouRh IJehring 8 Straits should bo stated in the Treaty as a boon from I?ussia. The tondency of su:;h a statement would bo to give countenance to those claims of cxtlusivc jurisdiction against which we, on our o\ni behalf, and on that of the whole civilized world, protest. No specification of this sort is found in the Convention wi'h the United States of America ; and yet it cannot bo doubted that the Americans consider themselves as Bcuured in the right of navigating lii-bring's Straits and the sea beyond them. It cannot be oxpcct<;d that England should receive as a boon that which the fiuited States hold as a ri'^ht so un<|i'cstionable as not to be woitb recording. rerliaps the simplest course, alter all, will bo to substitute, for all that part of the " Projet " and " Contre-l'rojet " which relates to maritime rights, and to navigation, the lirst two Articles of the Convention already concluded by the Court of St. I'eters* huri;li ^^ith the United States of America, in the order in which they stand in that Convention. Russia cannot moan to give to the TTniteJ States of America what she withholds from us, nor to ^Mthhold irom us anything that she has consented to give to the Uuitod States. The uniformity of stipulations in pari malerid gives clearness and force to both arrniiL'enients, ami will establish that footing of equality between the several Contnieting Parties which it is most desirable should exist between three Powers whose interests come so nearly in contact with each other in a nart of the globe in which no oi her Power is cona-rned. Tills, therefore, is what I am to instruct you to ])roposc at once to the Russian Jlinistor as cutting .short an otherwise inconvenient discussion. This expedient will dispose of Article I of the " Projet," and of Articles V and \T of the " Contrc. Projet." The next Articles relate to the territorial demarcation. • ••««• With regard to the port of Sitka or New Archangel, the offer came originally from llussia, but we arc not disposed to object to the restriction which she now applies to it. Wo are content that the port shall be open to us for ten years, provided only that if any other nation obtains a more extended term, the like term shall be extended to us also. "Wo are content also to assign the period of ten years for the reciprocal liberty of access :;n(l commerce with each other's territories, which stipulation may be best Btated ]ireeiscly in the terras of Article IV of the American Convention. 'l'lies(>, 1 think, are the only points in which alterations are required by llussia, and we have no other to propose. A " Projet," such as it will stand according to the observations of t^is despatch, is inchised, wliich you will understand as furnislied to you as a guide for the drawing up c)[ the Convention; but not as pro.scril)ing the jirecisc form of words, nor fettering your discretion as to any alterations, not varying from the substance of these iuitiiictions. It will, of course, strike the Russian Plonipotcntiaries that by the adoption of the American Article respecting navigation, &c., the provision for an exclusive fishery of (//•o leagui's from the coasts of our respective possessions falls to the ground. l!ut the omission is, iu truth, immaterial. The law of nations assigns the exclusive sovereignly of one league to each Power off its own coasts, without any specific stipulation, and though Sir Charles Bagot was authorized to sign the Convention with the sp(-('ilic stipulation of two leagues, in ignorance of what had been decided in the American Convention at the time, vet, after that Convention has been some months before tlie worhl, and after the o])portunity of reconsideration has been forced upon us by the act of Uussia herself, we cannot now consent, in negotiating de novo, to a stipulation which, while it is absolutely uniin])orfaiit to any jiractical good, would aii[iear to establish a contract between tlie United States and ns to our disadvantage. Count Nesselrode himself has frankly admitted that it was natural that we should expcel, and reasonable that we should receive, at the hands of Russia, einial nicasui'e iu all respects, with the Unitcul States of America. it remains only, in reaipitulation, to remind you of the origin and principles of this whole negotiation. r>S2 It is not, oil our pari, i*scnUally m iici,'otiali<>ii ahoiil limitH. 1 1. is a di^uiaiiil of the rupoal ol'aii oflViisivc and inijiistiliahh! arnif^atioii of cxidiisivo jiirisdiotiou ovcrnii ocean ol' lunnaiHiircd extent; l)ut a di-niand, (|iialilied and inititjated in its inaiuuM', iu order that its justice may he aeknowledi;i'd and satisfied witlicmt soreness op Innuiliation on tiie part of Ilussia. AVc nei^'otiatu ahonl lon'itorj' toei>ver the remonstrance upon princi))io. But any attempt In take undue advanlai^e of tliis voluntary facility we must o2)pose. Tf tlie pv(!sent " I'rojet '' is aureealdc to I'ussia, we are ready loconchideandsi','ii tlic Treaty. Jf the territorial arianii;einenls are not salislhctmy, we are n.-ady to pD'.ipiiiii' them, and to conclude and siiiii Hie essential i)art — thai wliich relate)^ to naviijatiou alone, addiny; an Article slipulatiui; to negotiate alioul territorial litnils hei'eaflei'. lint wo are not prepared to defer any lon^'er the settleniosit of that essential pait, o£ the ((uestifin; and if I'ussia will neither si^jn tlio whole Convention nor that e^s(■ntjal part of it, slie must not take it amiss that we resort to some mode of reeordin!>, ia tliu tace of the world, our protest against tlu; pretensions of the L'kase of IH'Jl, and of effectually securiuu; our own interests against the ])ossihility of its future opcrati'.ns. Inclosure 1(3 in !No. 382. , Mr. S. Ctinninij to Mr. G. Canniny. Sir, St. Petersbunjh, Febnianj 17 {March 1), 1825. I?Y the messenger Latdiford T have tlie honour to seiul you the accom]iaiiyin!; Convention hctweeu His ilajcsty and the Em|)eror of Ilussia lespectinir tin; r.uillc Ocean and north-west coast of Anu'rica, whieii, aeeordiuLc to your instructions, 1 concluded and siijned last niijht with the itussian l'leni])otentiaries. The alterations wliich, at their instance, I have admitted into the "I'lnjct," sueli as T jiresented it to them at lirst, will he- found, I conceive, to be in strict eonforniily witli the spirit and substance of His .Majesty's commands. The order of the two iiuiiii subjects of our negotiation, as stated in the preamble of the Convention, is i)rcs"rv('(l in the Articles of that instrument. The lino of demarcation aloni;: tiie strij) of land on the north-wi'st coast of America, assigned to Ilussia, is jaiil down in the Convention agreeably to yonr directions, notwithstanding some dilliculties raised on this iiniiit, as well as on ihat which rerjards the order of the Articles, by the Itussian I'lenijio- tentiaries. The iiistanci' in wliich you will perceive that f have most availed myself of thr latitude aiiordeii by your instruction-, to bring the negotiation to a satisfactory ami prompt conclusion is tlie di\ision of tin- lllrd Article ot the new "I'rojet," as it stood when 1 nave it in, into tlie ITIrd, I \ tli, .and Vth Articles of the Convention signed by tlie I'lenipotentiarics. I'his ciiange wa;; su'^'gested by the Eusslan I'lenifiotentiaries, and ;it lirst it w.ns .sugitested in a shape which appeared to nie object iouabh; ; but the Articles, as tliey are now drawn nji, I liumbly conceive to be sneli as will not meet \\itli your (lisa;i|i!'obation. The second }nrai;rapli of the IN'tli Article had already appeared pavenlbetieaily in the IlFrd Article' of the " Trojet," and the whole of the IVth Article is limited in ils si'jnitication and connected with the Article immeiliately pnceiliie^ it by the lirst ])ara|4raiih. With respect to lieliring's Straits, I am liayipy to have it in my power to .i-iui'c you, on the joint authority of tin; Rnssii.n Pleni|)otentiaiies, that tiin llmperor of Russia has no intention wliatever of maintaining any exclusive claim to the navigation of those straits, or of the seas to the north of them. Tf cannot bo necessary, under tjiese circumstances, to trouble you with a more particular account id' the several conferences which 1 have Indd witli the lliissiiui I'lenipotentiaiies, and it is but justice to state that I have found them (lispos(Ml. tlirongbou! this latter stage of the neii;otiation, to treat the matters under distussioo with fairness and liberality. As two oiiginals of tlio Convention prepared for llis .Majesty's (Jovermneiit arc signed by the rienipotentiarics, I propose to leave one of tiiem with Air. Ward lor the archives of tlic limbassy. I have, &c. (.Signed) STRATFOIID CANNING. UNITED STATES. No. 1 (1801). FURTHER CORRESPONDENCE BEHEING SEA SEAL FISHERIES. Presented to both Howen of Parliament bxi Command of Her Mnje; to that mode of adjustment, and it was, therefore, naturally made a conilition not " that the l*i'esidi>'it should forlhwirh accept a formal arijitration which \(iw Lordship jirescriljes," but "that the two tiovernmeuts should a'^ree I'orthwilh to rcfiT to arbitration" the (piestion of the lei,';ility of the seizures of Britisli seidini,'- Vl'SSI'l^.. T!ial is the ipiestion of law iti dilVi'renee between th<' two ( ioverninetits, and I am lit a lo>-s to understand why Mr. Ulaine sboulil complain of its beiui; so stated. i shall have the honour of addressinu: your T,ordsbip in a se[)arate despat(di on the liriMiit situation of tlii! ([uostion, which has been broui;ht back at,'ain by the 1 nited Staler' (Jiiv rnnieni to a ([uestion of le;,Ml riuht. 1 hav(<, &c. (H\'^iwd) JULIAN r.VUNCEFO'l K I nclosnre in No. 1 . Mr. lUiiiiic to Sir ./. Pniiiirrfdle. ^ii', DcjMirtmcnl i>f Slalr, Wdsliiiuilon, July '1, IsilO. V()l'){ note of the 27th ultimo, covcrini; Lord S.ilisbury's reply to flic fi'icndly Mr.",'i'>tion of the {'resident, was duly received. It was the desi^-n (>f the President, if liii'il Silisbuvy had been fa\()ui'ably inclined to his ]H'o]iosition, to submit a form of M'tili';ui'nt for the ciinsideratimi of Her .Majesty's ( io\('rnniciil whi(di the I're-iident lii'lievnl would eiul all dispute louidiiiii,' privilen'cs in Hehrinij's Sea. lint Lord Salisbury . t'lN'il t'.aci'epl the [.roposal unless the {'resident shoidd '•forthwith "accept a t'orm.al arliitialion which his Lor.-rcement, and he cannot think lliat l,(H'd ^ilisliiM'v's proposition is responsive to his su'.;i,'estion. He>ides, the answer comes so l:ito tint it would be impossible now to proceed this sea>-on with the lu'gotiatie.n tiie I'lvsiili'nt lia({ desired. An ai,'rei'ment tises allcLfiMl to have (jceii inflicted upon I?ritis{i vessels '\v I5ehrin^•'s Se.i liy af,'ents of the United States. My declaration was that arbitr.a- L95J • See " Lulled Statfs No. 2 (1850)," |i. 310. B tion would lnij:ic;illy ;iik1 iii'CL'ssiu'ily includi^ lliat jioiul. It is not to he coiiccidcd, Imt decided witli otlicr i>,siii'.s (d' far grcatci' wciirlil. I liavc, &<'. (Si-iicd) ,1AM lis C. l!i,AlNi;. Jfv Lf)i'd, No. L'. Sir J. I'aunccfi)lc to the Marijids rif Sdlisliuri/, — (Ufnircd Aiiijuil 7.) Miii/iKiliii, Mii,sx(tcliHK('l/s, Jiihi 2^, ly.lO, addi'cssi'd to llu 1 JIAVI'y llic liouoili' to inclose cnjiics of two note?, wllic Sccrctai'v of State on receipt ol' voiir liordsliiii's despatches of the 2(Mh .lime* a the :::lsl Th. last, the reply tl hicli I have received rroiii Mi'. Illiiinc. lieliriii" le reply ajipe.ai's as the last paper in the eorvespondence relatinjj 1( 'pres('iitati\('s. ■ vour Lordship of the l.'tli April last. 1 b (Siirned) Jv:e. .llMyl.V.N l-AINCi-ltflK I nelosiire 1 in .No. :'. Sir ,/. Piiiiiiri'fdtf Id Mr. liliiiiir !Sir, W'lisliiiiijlcii. .hiiir 'M), IMKi. IX your note of the 21)lli .M.'iy last,^; ubieh I duly transinittid to tlu .Maninis nl Salisbury, there arc several references u< coinniimicatioiis wiiicli passi'd bilweeii itic two (iovernments in the time ol miui' p.cdeeesNdi'. 1 liave now received a despatch from Lord Salisbury, § eojiy of which I have tli ' bonour to inclose, pointiiu,' out that tlii'ie is some error in the impressions wliicli yon liave ii;alhered from the records in the Slate l)ej»arlnieiit with respect to tliosr commuuieatious. I have, &e. ;Si;,'ned) .ILLLVN PAlNCKKoTi:. • .See ' Unilcd Stato> .\o. 2 (1890)," n 491. : Ibitl.. p. 'Ii3. I IIikI., |>. 49;I. § Ibid , p. 475. 3 Inclosnrc 2 in No. 2. Sir J. Pduiiciifoti' to Mr, liliiini:, Sir, Washiitijlon, Jiiiii' !!(), IMH). I ]f.\VE r('(!(!ivo(l a (Icsjiritcli from tlie >rar([iiisof Salislxtrv, with I'deroiicc U> tlif nass.'iiri' i" your iidIc (o mo of tin' Ith instnut, in wliicli you rcnuirk that in iSriS his Lm'iKliiii ahrii))tly closed fhi' iH'U'otiatioiis hccaiisc "the (Canadian (iovcriiineat objoi'tcd," ami tiiat ho "assin'iicd uo othoi' reason whatever." In view ol' tlio ohser\ations contained in Lord Saiishury's (hjspatch of the 2()fii .Inne, of whieli a copy is ineh)se(l in my last ]n'eci>dinif note of tiiis dale, his LonUliili de(>nis it unnecessary to discuss at any n'reater h'nuth the cirruinslaiices wliieli li>il loan interruption of tlie nci,'oliatioiis of isss. With rei;ai'd, howevcn', ti> the, ])assaLi;e i)f your not,' of the 1th instant above referred to, liis liordship wishes me to call your attention to tin; followin;^ statement made to him hy .Mr. I'holps, the United States' .Minister in London, on the .'ird April, IssK. mihI whi(di was recorded in a desjiati-h of the same da'e to Her Majesty's .Minister at Washington : — "Under the ))i'euliar ])f)]itieal circumstances of .\mei'iea at this moment." said Mr. I'lielps, "with a u'cneral election impeiidim,', it would he of little use, and. indeed, linnlly practicable, locf/nduct aiiy ne^'(jtia)ion to its issue before the (dection had tak(Mi lil.MI'C." 1 h.ive, A'c. iSigmHl) .ULIAN l'.\ INCEFOTR. Inelosure .'5 in .No. 2. Mr. lihiine (o Sir J. Pdiinrcfulp. Sir, /J«r H«r/)o//', .V'(/'/if. ./»/// ID. 1 SIM). 1 1! IK! 1! l-yr that eiicnmstances beyond my contnd havi; postponed my reply tiiyoni' Ixwi noti's of the .'idth .lune, whi(di were received .in the 1st ins'init, on the eve i)f my leavinir Washinirton for this i)lace. Th' note which c.im(> lo hand on the fore- UDnu of that day inclosed a despatch from hovd Salisbury, in which his Lirdship, I'oferi'inrf to my note r»f the 20th May. ex[)rt^sses '• a wish to point out some errors"' «hii'li he thinks I " had gathered from the rtn-ords in my Dlliee." The |inrposo of Lord Salishnry is to show I li.it 1 misii|)preheuded the facts of iho I'.ise when 1 represented him, in my note id' tin- 2".)tli .May, as haviii'.; iriven siudi '■ verbal assurances" to .Mr. I'hejjis .as warranted the Latter in evpectiui;' a Convention to lie ('(nududed br'tweeti the l\vo ( iovcrninents for the ])roiection of the seal lisheries ill Heliriiiu-'s Se;i. Speiikiiiif directly to this point, bis Lordship says: " ^fr. Ml.aine is under a mis- cimeeptioii in imattiniii!; that I ever irave any verbal assurance or any promise of any kind with respec ( to the terms of the |>roposed Convention." In answci' to this sfatement, I bcij you will say to Lonl Salisbury that 1 simply quoted in my note of the li'.lth .May the tacts eommiinic.ated by our .Minister, .Mr. I'lndps, and iiiirt'liiiru'iMrAtraires, Mr. \\'liite. who .are responsible for f he olllcial stateiiKvts ni:,de to this (ii)\('riimi'iit at dilVerent staires id' the seal lisheries ne'j;otiation. '»n the "jr)tli I'Vbruary. I>>^H, as already stated in my note of the :iittli .\Liv, Mr. I'lielps sent the I'ollowinir int(dliii:ciiei' to Secretary l?ayard, viz.: " Lord Salislnu-y usscnts to your proposition to establish, by inutiia! .arvanicemeet ludueen the (io\en»- imiits interested, a (dose lime tor fur-seals, between tlu! l-'itli .Vpril and Iholst Ntneinber ii! I'lich year, and between HiO of west lonsjitiide. and IT*^"" of e;ist longitude in tho Ifehrini.'-'s S(>a. .Vnd he will cause an Act to be introduceil in Parliament to irivc ellVct h this arraiiifcinent so soon as it can be prepared. In Iiis opinion there is no doubt ttiat the .\(d will be passed, lie will .also join the i'nitcil Static' ( )o\i'riimeiit in ;\\\y previ'iitive nieasiirr«< it may he tb(niu:lit best to adopt by onlers issue' to tlu' nival vpssols of the ri'spe<-live (jiovernnients in that re;; ion. ' ^r l'liel[)s has lonu' been known in this I'ountry as an able lawyer, .accurate in tlu^ UK of ivords, and disiaiminatiiej; in the stalcniinl of I'.aets. rin- iioverninent t'\ Iho Pnited Stales necessarily reposes implicit eoiilidenee in the literal correctness of the •lespatfh above (juoted. [no J B -J Sonic timoal'tor tlio foicifoins; t'onforoiicc liotwooii Lord Siilisl)iii'_v mid Mr. l'liclp< liad taken ]ihK'f, liis l/u'dsliij) invited tlio liiissiaii Aniliassadnr, M. dc Staal, and tiic Anici'irau Oiarijc, Mr. A\'Iiitr (Mr. J'licljis liciiii; alisnit iVoni Loudon), to a eonrcri'iu'c litdd at tlie iMnciu'n Ollicc on flw Kilii Ap/ii, toiicliini;- the Hclirini^'s Sea controvcrsv. i'd at the rc(|ii(>st oi' tiic litissian Anil)assadoi-. \v| Tl( us conrcrcnct' was rca 11\ Id desired that liussian rii,'lits in the IJelirinu's Sea slieuhl he as I'lillv reeoirnized hv MnLrlaiiil as American I'iu'hls liad been I'ccon'nized in bctivccn Ijoi'd Salishnrv and .Mr I'iielps. rhal AL,'l'eenieiit (d' the L'oth l''ehni;irv The Kus .\i nl)assador rceeiv(Ml from Lord Salishnry the assurance (\;diiid)li' also to the I'lnted Ntatesi that tlii' [irotectcd area lor seal liresiioidd h'^cxtendcd soutj ward to Die ITtli dcirrt A' nortli hititnde Hid also tlie iiromi I" ise that he wonhl 1 iav(> » draiii^ht [.v/V] Convention jirepared I'oi' submission to tlie I'ussian An liassaihi American ('iiarL,'('- '' l^cn'd Salisluiry now cuntends that all the iiroceediML;s at tiie Confcrenci lit III' till' Kitli A])ril arc to In reirarded as oi ily " |)riivisional, in order to liirnish a hasis t' iiPf;f)tiation, and without didinitlvidy i)ledi.;ini,' our ( lovernment. \V standint' nf this (io^ernnlent dill'ers IVom that itaincd hv Lord Salishuiv, I (ir iile till' luiili'r- I nil instructed ))V the I'lrsidcnt to sav that the Inited Stall's is willinu: to consider all llic proceedings of the llith April, ISSS, as cancelled, so far as Ai nerican I'ii'hls niav 1m concerned. This (J uncut will ask (ireat Uiitain *o ad oiilv to the Ai-'recmciit made between Lord Salisbury and .Mr. I'lndps on the 2")th l>\d)ruary, ISSS. That was an A^'recment made directiv between the two (Jovernnients, and did not include tli, ht> IJn A si. km;; Lord S;ilishnrv to adhere to the .\s,'reement of 'iofli F(;bruary, we leave the Airreement of the Kill: A])ril to be maintained, if niair.> so a(lvaiita'.;e it was [larliculai'ly (I at all, by I'ussi.'i (Icsii^ncfL While Lord S.alisbury inaki he lias not mad 1, lor wliosi,' cause and lor wiiosi 'cncral denial of haviii"- liiven '■ verbal assn sijccial denial touchiui,' tlu" Ai,'ri'i'iHent I iclwcen liimsi If Mr. Vhclps, wlii(di Jlr. I'helps has reported in special detail, and the eoirectness ni' wliiSH. On the .Mb .\p .Ml ps was m.'K !e, as Lord Salisliiii left ] jondon on a visit to tin' United States, On the (1th April Lord Salisbury ,• Mr. White to meet the Kussian Ambassjulor at the forei a meetinif for tlu> Kith ,\pi'il to discuss the ipiestions at issi iddresscd n jirivate note to Lfii < Xlice, .as be li;id appuiiitcil le eonceril erMinir the seal ilsli cries in Jiehrii Sea. On the 2.'Jrd April there was some <'orrespondciicT in rci^ard to ;in ( irder in i^ounci! and an .\et of I'.irliament. On the liTth April Indei'-Sccretary Harriniit'.u ,,1 the l'oreiu:ii < >nice, in ;iii to I irniir in ,in Act "I ofllcial note, informed ?\lr. While that "the next -li Parliament," ")nthe2Sth April Air. White w;is informed th;it ;iii .Vet of I'arliamenl vMUild he necessary in addition to the (Jrilcr in Conni'il, but that " neither Act nor Oivler ciiiM he draiii;htcd [sic] until Canad.a is heard from," Mr, I'h'.dps returni'd to London on the '22nd .lune .and immediately tool* up ti' subji'ct, earnestly pressing l-ord Salisbury to coine to a coiudnsion. On tin- 2^tli .liii; he telcLrraphcd hi^;(iovernnlellt expressing the ' fear that oaing loCanadi;in op] we dud! get no Convention," On the ritli f'eptcnibcr Afr. IMudps wrot(; to Secnt.'iiy had slated that " the Canadian Governnient ol;je<'ted t )ii>iti<'i Hayard that Lord Salisliui} ) anv studi rcstrictioiis ui> .'/«»".;-■ thnsf iiskcd for tlio protection of tlio soal fislieri(,'s), nnd tliat until Canada's consent (niild lie obtained, Ilcr JIajesty's (iovcrnnirMt was not willinLC to enter into the Ciiiivc'itioii." 1 am jnstilied, IlKn-efore, in assuminic tliat liOrd Salisbury eaniu)t recur to the iviniu'k (if -Mr. I'helps as oni' of the reasons for lu'eakint;' olf tiie ni'i^otiation. Iieeansc till' iH'irotiat ion was in actual ]iroi;rcss for nKUi; than I'oiu' nionHis after tlie ivni.-ii-l'; «as made, and -Mr. I'lielps himself took larirc part in it. I'liiin this recital of facts, I am unahle to recall or in any way to (|ualify the statement wiiich I mad(! in my noti- of the Ith Juin; to the eileet that Loid Salisiiury •al iii|itly chiscd tlni neij;otiafion hecauso the Canadian (Jovcrninent ohjcetcd, and that lie as>iiined no other reason whatever." l,(ird Salisiiury e\]iresses the helief that e\eii if ihe virw I have taken of these ivaiisaetions hi' accurate, they ^vould not hear ont the ari;ument whieii 1 found upon them. The ancumcnt to which Jyird S'llisiinry refers, is, 1 presume, the i'i'iiiiiiistr;iiH'e whicli made, hy din'ction of tiic I'resiclent, against thi^ {'han'jie of iiiilicy hv Her Majesty's Oovernnient « ithout notice and a^'ainsl the wish of the Uniteil Slates. The intcr[)osition of the wishes of a J5ritish provin(.'e au;aiiist i\w concliisioii of a ('i)iivention hetween two nations which, accordini; to Mv. I'helps, "had lier'u virtually airiveil upon except as to ih'tails," was, in the President's helief, a L'lave injustice to '111' (liivei'iunent of the Uiuteil States. 1 have, &(!. (Si-nod) .1. (i. IU.ATXK. No. ,'!. Sir ./. raiiiirefiili' In the Murquis of !. I JlAl) (he honour to recoiv(' on the lltli instant yonr Lordship's despatch ■if llie L'nd of this month.* relatin;; to the l?ehrinjj:'s Sea (tDutrovcrsy, and J now het^ to ini'lcisi' herewith :i copy of the note with wliieh, in accordance with the instructions fiinlainiil in that despatch. 1 forwarded a copy of the same to the Secretary of State. I liave, &c. (Sii^ned) JL'LTAX I'AUNCEFOTE. Inelosure in No. li. Sir J. Paunci'folc In Mr. Rlniw. ,, ;in Oriler in >n\ Mdi/rwliii. AiK/usI 12, isOd. I Tn.VN'SMITTKl) without del.ay to the Marfpu's of Salisiiury a copy of your iMite iif the ."iOth .1 nne relatini; to the Hehriii<;'s Sea <'ontroversy, anil in which you I'lmment upon a despatch from !iis Lordsliip, dated the 22nd .May, of which 1 had the lumour to leave a copy with yon. I have mow received a despatch from Lord Salisbury, dated tlu; 2n(l AuljusI, in '■•liiy to those comments, anil, in accordance with Ids Lnrdshi[)'s instructions, I liave the iwiKiur to transmit to yon herewith a cfijiy of it and of its inclnsures. You will nhserve 'liiit in the last parau'raph, I am directed to state that Her .Majesty's (iovernment h;ivc i"' ili'sire whati'ver to refuse to the Lnited Stat( s any jurisilietion in liehr'iii,'"s Sea "liii'li was conceded hy (ireat Uritaiu to l!nssi,a and which pi'operly aecrni-s to the jiiv^i'ii; |iiiHsessors of Alaska in virtu'' of Treaties or of the law of nations; and that 1 llii- I nited States' (iovernment, after examination of the evidence and arirnmcnts idiicli are produc('d in that despatch, still dilfer from them as to the lei,'ality of the "•'(•('lit captures in that sea, Fler .Majesty's (iovernmen' are ready to aifree that th(\ '|iH'stion, with the issues that depend on it, slioidd he referred to impartial .arbitration. In that case,! am atithorizcd to cdiisidcr. in coiu-ert with yon, the method of : I'w'eilurc to be followed. I have, &c. (Sij,'ned) .lULIAN PAUNCKRVrH. » Sit " L'liilc.l Slater No. 2 (1S90)," No. 3S2, p. 512. 6 No. t. Admiralhj to Foreiyn Office. — {Rrceived August HO.) Sir, Admiriilly, Aiiijiist 28, 18!)(). r A^I commaiulcd by my fjoi'ds Commissioners of tlic Adniinilty to Ininsiiiil lioi'i'willi, Tor till' inroi'iiKif ion of tiic Secretary of Slate, copy of a letter I'miu t!ii' ComniaiHler-iii-ciiier on tlie I'acilic Station, dateil at l-lsiiuimalt, tli(; (itii iii>t;iiit. tou;e(liei' « itli copies ol' its inclosui'cs, respeetini,' tiie movements oC seal<'rs in lielniii"'s Sea, S:c. 1 am, &(.•. (Signed) II. D. VWURY. [neiosui'e 1 in No. I. Ri'dr-Adiiiiral IIoIIkiih In Adiiiiriillii. (l-xtraet.) Till'] Ai M nieneaii aiixiliarv steam-sclioDner iirs/iitr, .Mis( ■II K. mil I, All rj list (!, ^y,in the Hritisli sc looni-r id 1 oint lor his OM III bv the T/ientenant of tin \riel," which tin- (-aptain had left at Captain Ibickram, id' \ictoria. The letl(-r stales he had Inn Rush ind two coiin lies of till- I'roelaniation o r till \niericaii J'resident liaiidi;' him (copy inclosed). When ask(-d by the hoardiiii; (illn'''' if he was ''oinii info the i^ohri Sea, h r(-i lii-d I Lieut(-iiaia 'I'liitl'' rarncd him, saving,', " Tln-n von had b(-tt(-r look out. A sick man from (lu- .schooner "Triumph" canio down in the " .Vur nra reported the " JUish " at Sand Point on the !)th July distrilmtin pi(^ r; (-opies o f th-j aliovt' |'rii(l:iiii!itii)ii. Slic (jiilv rciii.'iiiicd ulioiif, an Iioiiv and woul out for tli(! ni^clit, ]irrMiii!abl\ I'oi' Nortli-llast llarlioiir, liul rcturni'd n(!xt iiioniiiii,', iif)t liavint,' round any mIuhjiicin l.licre. TIk; " Aiinira " arrivini,' at Sand I'oint on tlic 1 2tli .Inly found tlu^ wlinlc of I lie scalers and the ci'uizfi' had i,'oiu' into fli(,' 15('liriiii;'s !Sca. I'loni what I can a'athcr here the iirineipal nuni'ier of sealinif-vessels arc iiwiii'd hy Aniei'ican suhjcefs, thoun'h not ic^'isiei'id in their nauies, notably one •.I'JKir'iiei', the " Mai'y i'lllen ;" also the schooners would prohahly enter and return from (hi' liehrini,''s Sea hy the l72Md I'ass so as to avoid Oiinulaska. The Mritisli vessels uiir all warned hy theii- owners not lo y-o within lo miles of the land whilst in the l!,'lii'iii^'*s Sea. I also wish to point out that there will prohahly he no move news frou". the -iiiliMs initil their return, ahoiit the end of Seplemher, and tliey are so scatlenMl while Miiliiii? that it it unlikely, if any seizures do take place, that I should hear ol them until sonu! litiK- after. I reporl(Ml l)y (elci^rani (of the 4th instant) tli(> (jidy seizure that has taken |il;ice is that of an American schooner, the ''(J. Jl. White," for conlraventlon of the "Siiiiit and Arms A(!t of Alaska." Inelosure '1 in No. !. Ih llie I'l-esident ol' the I'nited States of America : A ProrUiiiKilioii. TlIM lollo'Ainn' ])rnvi.-ions of the Laws of (he I'nited States are lierehy ])uhlished for the inrorination of all eimcerned. Section 1!).")C., Keviscd Statutes, Chapter III, Title 2:5, enacts that: — "No ])erson shall kill any otter, mink, marten, sahle, or fur-seal, or other fur- iiciiiiii',' animal within the limits of .Vlaska Territory, or in the waters thercol'; and ivciy |ieison t;iiilty thereof shall, for ea(di oll'ence, he lined not less than "200 dollars or iiiiiie tliiui 1,01)11 dollars, or imprisoned not more than six months, or both, and all vcssi'N, their tackle, apparel, lurnituri', and cari;o, found ennaiied in violation of this MH'tiiin shall he forfeited; hut the Secretary of t'lc 'frcasiu'y sliall have ])owcr to aiitlicirize the killini^ of any such mink, marten, sahle, or other I'lir-heariiii;' animiil, i'\i'e|it rur-seals, under siudi l!ei;ulati(nis as he may prescrilie; and it shall he the duty III' the Secretary to ])revent the killiiu; of any fur-seal, ;uul to jirovide i'or the execution 111 the provisions of this section until it is otheruise [irovided hy law, nor sliall 111' uraiit any s])ecial privilci^es uiulcr this section." •' • ' « » i « Section ;J of the .Vet entitled, "An Act lo jirovide for the Protection of tin; Siiliii.iii fisheries of Alaska," a]iproved the 2nd .March. ISSI), provides that : — •Section ;3. That Seeticnl !).')(; of the llcvised Statutes of the Vnited States is lii'ivliv ileclar(;d to include ami ap|ily to all the dnminiiMi of the United States in the u;itcis oi' the jk'hrini^'s Sea, and it shall he the wspa])er (if any such there he) ])uhlislied at i-ach United ^tiiti'v' port of entry on the raeillc coast, warniiu;- all iiersons airainst cntcrini; such n.itrrs fill' tile pur|)ose of violating; i\\o. provisions of said seeti(ni, and he shall also aiisi' one or nior(! vessels of th(! United Slates to diliijcutly cruize said waters and :nTi'Nt all ])ersons and seize all vessels found to be or have been engaged in any »iiil;iliiin of the i,aws of the Unit<'d States tlnn'cin." nil' lli'linii Now, therefore, I, licnjamin Harrison, I'residcnt of the United Slates, pursuant to ihiive-reciled Stat utes, hereby warn all ])evson.s ai;ainst entcrini; the waters of s Sea within the dominion of tie' United States for the purpose of violatinij; till' priivisions of the said Section T,).")(!, Iicviscd Statutes ; and I hereby proclaim that ■ill prisons found to be or have been eni,'ai,'cd in any violatiiai of the Ijjiws of the I niti'il States in said waters will be arrested and punished as above provided, and lli'it all vessels so employed, their tackle, apparel, furniture, and carajoes, will be seized iiml furfeih^d. Ill testimony Avhereof I have hereunto set mv hand, and caused the seal of the InitL'd States to be aflixed. Dune ill the city of Washinf^ton this Ifltii (iiiy of March, lb!)(), ami of tli liKh'pcndciicc of the L'liited States the 11 Itii. (Siirned) UKNJN. UAllUlSON. l!y the I'resident, ^Si^iii'd) Ja.mks (J. Hi.Aixi;, Sfcrettiry of Htuti'. No. 5. Sir J. Piiunce/ntc In llir Minijuis of Snlislmnj. — {Revi'ivrd Soptcinher 1.) ( l!xl ract . ) Maijiinlid, Jiih/ '-' 1, 1 SdO. 'I'll I'j aiijoiii'iimriit of the l?ehrinu''s Sea iici^otiatioiis caused hy the (le])ai'tiin! of in my II yniii' those iiei,'i)tiatioiis and on tlic luvsciil the Secretary of State from Washington for Bar llarhonr, as re])orted tclcijrani of the lird instant,* all'onls a convenient f)|)[)()rtnnity for suhinittini,' t Lordship soiric ol)servalioMs on tlie course of situation of tiie ciiMtn)ver>>y. It may he convcnirnt, in tiic first place, to recall the <'ii'eiiiiis|anees under wliicli the London riei,'otiali(jn was reiii'\v<'(l in Washiimton. The liOiiiloii iie!;otialii)ii had hceii interrupted liy various events heforc any siilis. factory iii(|iiiry had taivcn jdace into those important (|iipstilst DeiMMiilier, it heini,' iiotoiious that seals do not tniter JJehrinir's Sea in middle or end of ^lav, and havt! lelt those waters hy the end of Octoher. tli( disputed the accuracy and value of tl (iovernment. le evidence relied on 1>v the United Stiiti' It was a I th •lure that Mr. riieliis, the I'liiled States' .Minister in l.iiniion (aecordiiiLf to .Mr. lilaiiie's note of the iDlli duly, ]s'.)0), leh'i;rai)hed to his ( loveriimeiit ini,' his fear that, owiii;,' to the opposition of Canada, there would lie nil expn Convention. The Presidential election Uu'.n supervened, which, as Mr. I'helps admitted, neces- sarily suspended Ihe netrotiations. The forination of a new (.'.ihinet at \Vas!iin;;loii. aid Hie appointnu'iit of a new Mritish .Minister, retarded further proi^rcss, and it w;i'^ not until the nionlli of I'ehru.irv last that it was ed that tin l'L,'o!i;itloll sllnllll lined at \\';i.sliiiiLi|nn helween Mr. lUaini'ilhe new Seeretarv of Ki.de), .M.i Sti'ii\e (tin Itiissian .M iiiisler), jiiid myself. it was admitted that tli e sole Ol) ject of tl |uiry u.as the preservation of llr 1 ur-seai s pi 'ies Ibr the lieiiellt of niaiikind, and thai- no consideration of advaiitii any j,articn'ar iialion, or of lieiielil to any priviile interest, should enter iiilu ll discussion. Tl During' the iicLCotialion I had the ;idv,-nitai,'e of llie aide assisianc' of ^fr. t'li:irl ppi the ( .anadi.'in .Mi f M,i it the iu(|uiiy. Her -M iiisicr o lieslv's tiovernini and I'ishcries, and [ mav sav that, tliinii^ 111 Were ariiinati'd liv ll [ari'i'si. sp irit 1)1 nienl, Mr. lilaiiie [)ri idiiced a .MiTiiiinin- 'that the killiiiL'if iei'H'> justice, friendliness, and coneiliatioii. On the jiart of the I'nited States' (io dum of evidence and extracts I'loin oll'ieial doeiimi'iits to provi seals in thi! open sea tends ecrt.-iiiily and rapidly Id the extermination of the sj This assertion was comliated with L;reat force and ahility hy llr. TuppiT in 'i eouuter-ML'inorandum which I laid hefore the Conlerenee, and in w liich a ijreat ainmiiil of testiinouy is collated adverse to the view of the United States' Government. Tin' • Si'o ■' L'liiicd Stutes No. '.' (ISUO)," p. 503. ; muliT uhicli n after all the corre- spniulonee which has taketi jilaee, the ]ireeise proposition of law on which the United States' (iovernment rely in jiistilication of that claim. The attitude of the late Caliinet was quite inconsistent ■with any serious reliance ■m such rii;hls as are now asserted. Thus, President Ch'veland, in 1887, ordered the release of three J?ritish sealers seized in B<'lirini,''s Sea, under Section 1950 of the Ilovised Statutes of the United States, which m i,'eneral terms ])r(diibits the killing of m- fur-seal "within tlu! limits of Alaska Territory, or the waters thereof." It is true that Secret.'iry Mayard stated that such release was ordered " without conolusiiin of any questions which ini[,dit be found to b(> involved ;" but no further seizures were made in 18^8, and the rrcsidmt jiroeeeded to invite the (lovernmeuts f'f Great Britain, liermany, France, Russia, Sweden, and Japan to enter into an arTan^'pnient for tlie better protection of the fur-seal tisheries in Bebrini;'s Sea. Tliis amounted to an admission, in the face of Eurojie, that the object in view could liot be attained consistentlv with the law of nations without an international aijree- • Sf<" Uiiiied Btales No. 2 (1890)," p. 455. t Ibid., p. i"'!. J Ibid., p. 475. n»5] c •i 3 1 IMAGE EVALUATION TEST TARGET (MT-3) 4 // // :/. £/y V. ^ 1.0 I.I Ui |2^ II 2.5 ii I- lifi) !: lis 12.0 1.8 1.25 nil 1.4 i 1.6 Q /} ^ /}. «" 7 VI >^ 4V^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 t^ i/j » 10 jhciil. Anollicr i'(|iinlly si;^ni(lc;\nt fact was tlio iffinril iif tlw SiMiiltc ol' Hie llnitiHl Stales to allow (lie insertion of a ehiiise, proposed In- tlie lloii'^e of nephSnntativc*, ifi tlie Act, ol' the 2iul Mareli. iS'^'.t, ileelariiiir tiiat Section WKtO n[ llie Heviseil Statutes !il)ove referreil to, and under '.vliirh I In- sei/nres of Hritish sealer* on the lii;;li wi* liave been inr.de, " include and apply to all the waters ot' Hchrinir's Sea in Ainska onibraeen uilliiii the liouudary-lines nnnilioned ami dcscrihed in the Treaty « ith Itussin." 'liie (danse, as i( wiw stands, is as follows: — "Section lit'iO of llie lii'vised Statute* of the liiited Slatcn i* liefehy declnreij tii iindnde and apply lo all the dominions of the I'tiited Slates in the wnl«e itself liy .inv such decdaratiou as was jirnposed hy the llon.se of lleprcsentalives. This is noi suiprisinL,', eonxidcrinir the politico-physical i,'(vi;»ra])hT of Urliriii!;'* Sea. -An eminent American jurist, rrcsidi-til An'/ell, in an article in the " h"oriiiM " nf Noveiniier Ib'^O. (leniou.st rates with uTcat force the fallacy of lrentin!» that si';i ii« mnrc rliiiisiim. lie points out that ii nica--ures I.HHI miles from cast to we.*t, ami bOO miles Irom north to south, .and that its area is more than twice timt of the Nnrlh 8ca, and at least two-thinis as ^rcit as the Arpdilerrariean. .As i-eijnrds \in entrances he remarks that it is ojicn to the north by the straits. ;!(» miles wide, vrliieh farm a pa«sa!:e-Tvay to t ho Arctic Ocean ; and to the south by tnoH' tll.ail SOU itiile* of ya iiitervenini; between the most wcstci'ly idand of Alaska and (he \sintic shore. Another eminent Aiuerican jurist, Professor iiayner, writini; in the same sensi' t" tho "New York l^i-nini; I'ost " of the 27tli June, jissj), observes thnt the tiarrowrxt of the ehaniw'ls bclween the western extremity of the .Meiitian b(dt of ishniii" l)elonu'inLr to tlu; I'nited Stales and the I'wssian territory of Katnt(dia)ka "Wdnhl admit of a fleet of KIO vesse's sailinq abreast in a siiiijle line, even if deployed «illi ;i quarter of a mile lietwec!) eaidi two vess(ds." But even if lichriuir's Sea were " l.and-loekcd " within the meatiiu!? of a elo>!e «(■,■), tho . .'vcrance in the iinily of territorial possession which took jilace in 1><(I7 hy the cession of Alaska to the United Stalos deprived it at once of one of tho indispeiisidili conditions of a " close .sea." Ihissia, by the Ukase of 1821, undoubtedly elainied that part of the I'aoili' Ocean as mm-r rlr,>iyiii,i, aliiionu'h she did not attempt to ("xelndc forciirn vessri< entirely from it. As ex)»lained by M. J'olelica, in his note to Mr. .Vdanis of tli' 2Stli February, 1S22, Itussia, while (daiminfj the riirht to ilo so, ])reCerrcd only assertini; hiT "essential ri'^lils" by pruhihitini,' foreiu'n \t'ssels fr^im approaehinu; the ciiast.snr islands within less than KiO Italian miles, it is clear, therefore, that Hussia hasni lier riu'hl to impose this Icssia* restricdioii on lorei'^'n vessels upon the lari^cr riijlit u' total exclusion under the doctrine of vuirr rlnwuiii. If 1 eorrcetlv understand the contention of lln I'nited Stiles' d'oierimicnl. it i- this :— They ari" willinic to discard the ared ititli tiii' lnv;;er (da!m of mnrr rlnii^iiin from which it w.as derire 1, .and that it cannot ikihI)' revived Avith any semblanei- of rii,'lit, and for any purpose wlmtev(>r. Sncli .'in npi)ro])riation of open sea, lo use the himfiiaire of Dr. D.itia (7lh edition of Wiii.itmi. note to paniirraph 1S7), '' howmer lon!» ac(]uieseef| in, is inadmissible In the nature "i tbiniis. Wliatrvcr m;iy be the evidence of the time or nature iiery >|Uestion, the numlier of fur-seals ;iiuiually visitiuLr the I'rihylov hrecdinir islands liaii decreased to suidi an extent that the Compaay who hold \\w lea-'C froni tliu I'liitcd St.'iles' (loverninent li.'ive only liceii aide to ■.eeiu'e, I'nr ti-iid No. 7. Fiireiiin Offivr to Sir ('. Lnmpwii and Cn. 'iiailleincn, I'orrii/n Office, •Sb/i/cw/icj- it, 1^^0(1. 1 AM directed hy the .\rar(|uis of Salishury to aeknowledp' the receipt of your loliiTof the lith instant, eallin<; ;itt{!ntioii to the serious diminution wliitdi appciUiN to liavi' laki'ii iilace in the numher of fur-seals resorting to the I'rihylov Islands. I am, &e. (SiLrned) T. II. SAXDKUSO.V. No. M. Admiriilty In h'niei(iii Office, — {Receired Seplrmlirr 10.) ^ir, Admirallij, Seph'mlirr '.), IMtd. 1 AM eomiiiiinded hy my Lords (.'onuiiissioiiers of tlu' Admiralty to tr.ansmit, for 'III' iiit'iinnation of the Secretary of St.ate tor l'oreiy;n .Vllairs, i:opy id' .a telci^rain d'.ted 'lii''^tli Scpteiiilier from the Coinmander-iii-cdiief on the I'acilie Station. 1 am, \e. (Si-^ned) i:X\S MACUinXiUH. [1)5J .S.'!' " I •lil.'ii Slates No. 2 ( ISyO), p. 33t<. u a 12 Inclosuro in No. 8 Vice-Admiral Henenyr to Admiralty. (Tclo|>rnphif.) Viclmiu, lirilish Columbia, Septem'^er ^, 1890. ON tlit> 23r(l Aui;ust r<)ur .sealing schooners lol't B('lirin!,''s Sea, rej)orting vessels liomewanl Iwund. Very bad eatch on aeeouiit ol' foi^i^^y weatlier. "Uusli" steamed i-ouiul one wliile huiitinff seals, and took ikj notice. No seizure made; or any otiicr intcrfereuc*" with seah'rs. No. i). Mr, Winton to the Marquis of Sulishurij. — {Recfiii-d Seplemher \'\.) My Lonl, 32, Halton Street, Toronto, Canada, .September 3, iSitO. PERMIT me to say that I am |)lea.sed to l)e ahh> to eontirni your Lordship's reprcsent^itions in reply to Mr. lilaino's stat(>nieuts respecting tiie " jmssiide destruc tion of the Mehrini^'s Sea lishery by over-tishint; and by tlie irretjuhir slaus^hter of seals " in that quarter. The North Atlantic seal tisliery i.s very similar in character to tiiat of Belnin^'s Sea, and the habits of the animal in l)oth seas have a ijood deal in common. 'iV dissimilarity consists physically only in the character of the fnr, and locally in the fact that the Atlantic seal is taken, capturi'd, or killed either in the water or upon tiie iw with wliieh it is covered at the season when they arc taken, whilst the I'aeitie sealis killed in tiie water or upon the adjacent islands. May [ask your Lordshi|) also to note the fact that when Uniteil States' seal- hunters some years a>;o (in lH()0-(il, 1 think) uiuU'vtook to compete in our Newfound. land seal fishery no objection whatever was raised by us to their doini» so, nts, as published in your issue of "Thi' Emi)in; " this morning, and liav(! been mwh struck by the contnist exhibited between the vigorous, logical, and perspicuous representations of Lord Salisbury and tlie 18 weak and disiniroiiuous assumptions and pmpositions of the Ifinistcr of the United States. I am glad to ohscrve Lonl Salisbury's recofjnition of tlio fact that " it re(|uirL's sopu'tiiiii!; more than a nicn- declaration "' upon tho part of a Minister of the United States to bring one to a substantial conclusion as to facts invrtlvcd in the disiMission of ijiiirsl tunes vc.ialir between the two (iovernnients. It is (|uite posNibb- (as iiis Lordship inliniato) that in some res|)ects "Mr. Hlaine has been misinrornied,'" as it is e(|ually clear that in others he ii* neither informed nor niisinfoi'med. In reply to .Mr. Hlaine'.s .ttateinent respecting the "irregular slaughter of steals in tlio iijien waters of IJehring's Se."," and the conwcpient jsissible total destruction of t'li' fhlierv in a few years, Lord .Sali>l)ury dn-nis it unneecfsary to deal with that phase of tlie i|iie.stion, as it is proposed to sul)niit all the cond'ti'uis of pelagic; sealing to the iiivesl illation of a Committee to 1m' ap|>ointed by the two tioverninenls. In the iiiean- liiiie, lii-- Lordship is of opinion that if all sneh sealing was stopped, the creature Hduld nuiltiply at even a mon* extraordinary rate lliaii at ])resent, an o|iinion which ivery practical seai-iiunter will readily indorse. .\s conipiU'ed with tin- North Atlantic seal fishery, tiin Hehring's Sea fishery is (Hiite a modern and recent industry. JJefore IVdiiang discovered eitliei' the sea or the •.twits to which his name has Ikvu gi\en the North Atltintie lisliery was an importnnt industry. Hotli tisherios bnve some features in common, and tiie liabits and characteristics of tiie animals in both w.aters arc not very dissimilar, especially as rcLjyrds conditions of |)n)pa!,'ation, gestation, A:e. Tlie records of our eastc-rn fishery liave been very aeeunilily tabulated for lu'arly ;t liiiiiilred years, and the results lully justify J^ird Salisbury's opinion, and most i'iii|iiiatieally confule .Mr. HIaine's lamentations. In order to show how littli! justitica- lioa there is for .Mr. IJIaine's j)ro'_'nostications, I may say that from isd,") (o iSSo, or witliin the ))ast ei;,'lity years, no less than 2^,; lt»74 IHH.J Toiii 1 to 188.) l.(IOO,()(l(t l,9,'>(»,ti24 i.Ji'i.e.Ta l,!)'.tl,17li l,.iH8,'J8(l a,',li7,37(i •1,1 1 j.anii .■),(m 1.360 J8,Nle.,7S.I r. WlN'l'ON. •Inst at this moment I have not at hand the llgures for the past live years, liut I think they will not vary materially from the averages u;iven above for the |irc:- eediiii; like period, except as thiy may lie all'ected by the decreased oullit of sailitig- vivsfis imd the reduction of the number of steamers now ernployi>d in the lisliery, several of which have been jnircbased by the I'ldted States' (iovernment and converted intd ships of war, a.«, for example, the "Tigress," " Hear," '•Thetis," and others, the names of which 1 am not advisinl of. Our old and discarded se;d-hunters, after tifteen i>r twenty years' service and the loss of their first letter, make i;a!lant war-ships for the United States; and, as a remarkable inst.ance of the irony of fate, are (K-casionally empl lyed on the I'acilic in tin; ch.ase and capture of thi'ir congeners engaged in (HKMipations that tvero not (notwithstanding Mr. lilaine) cfinlni Imnos iiioim in earlier anil liappier days, t.'oidd thi-se old staiPTH speak, how well they might exclaim, " To wliat base uses do we come at la«t." Ihit there is cme ])oint in this controversy to whi<'h I ant desirous of ealliiii; the iitteiition of our lle|)resenlativc at Wasbimrlon, and of l^ord Salisbury himself, and lliiit is, that as Ion;: au'o as f^tift t!ic^ Ameriejuis thenisehas demtnided of us the very riuiit wliieh we now demaml of thi-m. .and then, as now, we admitted their right to a juiiH'c'iition of the North Atlantic seat (i-her\ . (piile as mneb, n.ay more, a penpiisile of "iir Alianlie provinces jis is their llebriiiir's Sea lisliery of the .Vlaskan and Aleutian :innr\c's. Vov si-venil years the American ste;inier •' Monticelio " was dispatched to St. .Iiiim's, Newfounilland, and was ibere litteil out, |irovisioiied, manned, and equipped f'lillie prosecution of a pelagic industry, the capture of seals in the deep waters adjacent t'l tiie coasts of that pmvinee. She, no doiiltt, tiMik seals within the .'{•mile limit; 11. oiitsiilu tliat limit liov rifjlit t() lakc tlifin was never (jucMtioncd. She iniijlil, liiivf con. tinned tlie ])ro';eentioi\ of tlint indu^ifry to tills iliiy liiid lier o\\nc;s lotind iii: n in tlic rnilrd Stales with su|1icirnl diuiiiLr ;iii(l |iliiek and ninsele I'or jlie work; ' iit tViv Ayere not to lie liad, and nl'ler one or two voyau'es the vessel was withdrawn, oniv in (:onse(|nenee ol' our ict'nsal to pernii'i her to outtll ani)lies, lirouuht Iroin the t'nited Ktates, free of tin- iMisloins mtis wliicdi onr own people wen' snhjeet to. In this case the Anierieans tlien demanded, and we conceded, 11"! smie ri^dil* whieh wo now demand and they refnse. More, they were actually pcrnnlled to lij (ml at (lur own p'>rts njion the .^amo conditions as our u\\i\ oiitlltters uerc sniiject f . 1 leave these facts to Mr. Ulaine, for his consiileration, an I trust they will not he li|,t sij^ht of when the pi-ospcftivc Connniltee niakes up ils lieport. Yours, &y the Mar)|uis of Salishury to ;|(dheries in il:e .North .\tlanlic ; ;i I in Hehrinjf's Sea, , ■mil 1 am to I'ctnrn to you his l/irdship'-. llianks for your eon uuuii- eatioii. I am. itc. 'SiLrne.l) T. II. S.\Nl)KliS()\. No. 11. sir ,1. I'liiiiicpfiile Id III" Marquis of Sdlishiini. — (Hecrui'il Sfpli'iiilicr 22.) My Lord, MiKjnnliii, Sfjilrmlirr 11, IS'.IO. I II.W'I*; the honour to transmit herewith copy of a Hill I'litillcd, "A hill 1(i amend the .\ct entitled, ' An Act )irovidinir a Civil ( io\cinineni t'or .\laska.' " The words in italics constitute the amendnii'iit In whieh jurisdiction is proposed to he conferred on the Supreme Court. The rest is exactly as the Statute now stands. I have, iSrc. (Si!,'n.-d) .lUMAN I'AUNCErOTE Inclosiue in No. 1 1 . .')l.v7 Co»7rr.v.s !.«/ Srssioii.- U. 11. IT.tTO. ix iiiK liorsE Of lii;iMirsi;.Ni'.\Tiviis. Sfplniilii'r S, 1^1)0.- -|{(>ii(l twice, referred to the Committee on the .Indieiary, and ordered to he printed. Mr. Thompson introduced the followincr Bill ;— A mil to amfwl the Act vnlilh'd. " An Art prnvuUntj a Civil (rovmtmenl for Alnskn." I?K it enacted hy tlii' Senate and House «\! licprcsentativesof tin; rnitcd States of .Vmerica in Congress iissemhled. that section 7 of the .\ct approved the 17th .May. ISSh Clmi)tcr a.'J, he, and the s;ime is hcr(>hv, .iini-nded to read as f(dlows: — "Sect. 7. That the (iencral Laws of the Stale of ( )renim now in force are licR'bv declared to he the Law In said dislri<'t so far as the same may he a|)plicahle, and not in contlict with the provisions of this Act or the Laws of the Lnited States; and tl"' .sentence of imprisonment in any criminal case shall he ciirried out hy oonlinemeut in 15 tlic L'liiil or itMilfi'iitiMn- lich>limfl('f provided iWr. Iliii llir said l)isirict Court blinll have lAcliisivc iuriMliclion in ;dl fuse- in ciinily, or timsc involvinu' n i|ni'stioti of title td hiiid, or niiniiiu' ri'^lils. oi' (Iw conslitidionalitv ol' .1 t/iw mikI in :dl criniin.'il olTcni-cs ivliirli MM' ''Miiital. In nil civil (■:isi'>i ;i( cciMiinon l;i\v, nny issue of fuel slinll lie deter- iiiiiM'il In' 'A jury, nt the iii'il.'iiiee of i^iflier |i:irly. ;ind an ;i|i|ie'il snail lie in any fHfen muittcd. as they are absolutely fatal lo Mr. Hlaim^'s I'onti'idion. Ill the first place, in a pajier aeeoni])!inyini; Jlr. Adams' instructions to ■Mr. Miilillcton (hirt which paper does not appear in the printed correspnndence ahovc ri'finvil to), (lie rolliiwini,' passaLje occurs with reference to Russia's claim of in:iriliine jurisdiction from lleln'ini,''s Str.'iit to t.'i .'0' on the .Vsiutie coast and to .')1 "II till' -Vmcriean coast : "The riu'lit of iiaviu:a(ioii and of lisliini,' in (he I'.Meillc Ocean, even 011 (he .\s' (ic '"•'i^t iiordi of latitude C) . can as little be interdicted to (he United States as that of 'Mllii' Willi llie n.'ilives of .Norlli .\nierica." I'lesidenl .\n'4:ell, « ho cites the ,ili()\e pa^saLie ill his article in the I'orum of •'iiViiuliiT ISSl), makes the follow ini; comnieiit upon it ; — " Alter readin;; such laiii;u,'ii»e Irom .Mr. .\danis, can any one doiiht what his Jiiswer woulil have Ijceii t^» ft proposition by Utissin tw cOueodc tlial the I'aeific south w v^ tlic r>r)tli pjirallcl was an open non, hut that the part norlli of it formed aclosesfa over wliicli slic lijid cxcliisivc jurisdiction':'" All equally iiiij)()rt.'int jtassa^jc is also omitted in the eorrospon(h'nec jjrpsental to Conijivss. It is to he found in the de.spat<'h addn-ssed hy \\r. Adams to Mr. Riisli, the United States' .Minisf suhject to coloni/.atioi'.. Occupied hy civilized nations, they will 1)c accessihlc to Kuropeans and eacli otlu-r on that footing,' alone, and tlie Pacitit; Ocean, in every |iart of it, will remain o])eu to the naviijntirin of all nations in like manner with the .Ulantic." Mr. Hlaine, in iiis note of the HOth .lune, ol)serves thai .Mr. .Vdams, at an interview with Haron Tuyl in July 182IJ, had foreshadowed the doctrine which four months later was asserted hy President Monroe, in his .\nnual Alcssai^e to Couijress. Hut he makes no allusion to the ])assai;e al)ovc cited from Mr. .Vdams' despatch to .Mr. Rush, prohahly hecause it is omitted from the te.vt of the despatch, as printed at p. 212 of the Correspondence presented to Comrress. It ajjpcMrs to mc to confirm in a remarkal)le way the vir>w of jiistorians iind jurists, that the purpose of Mr. Adams' despatch to Mr. Middh'ton of the 22nd Jidy, 1«23, was not oidy to ;ippose the territorial claim of Russia, hut to vindicate the fr(>edoin of navigation of tlie Tacific Ocean " in every part of it." Thus, Calvo states that the result of the Trc;ity of l^l'jt, ht;twcen jtussia and tlie Unit(!d States, w;'s to secure freedom of navii;atioii and tislierv " d.'ins t(nile IVtendue de I'Ocean l'aeiti(iue" (vol. i, p. US, tth cdit.l. The United States' Government cannot seriously contend that ni-hrinij's Sea was not ;i pari nf the Pacith; Ocean in the contomplation of Air. Adams, for not only was the term " llehrini,' Sea '■ unknown at the time of the Treaty of lH2t. imt even in the Treaty "i ('es«ii)n of Alaska of the 20th .Mine, ]S(i7, the 'island of Alton and Cojiper Isla'id (ol the Korniandorski i;roiip) .are deserihed as heini? in the " North I'acitic Ocean." Aloniiver, in 1S42, llussia refused to interfi're with I lie opeiiUid States to exercise such jurisdiction ivitbin 100 miles of the coast of Alaska, for it purjii'vts to have heen deriviid from Russia in 1867, while it was renounced hy Russia herself in lH2t. yVs rei^.'irds the rii:hl of fishery which flows from the right of naviijjition, Calvo, in his work cii International Law (Ith edition, § .'!.")7), ri\<\s the claim of Denmark to tin' Cireenland tislierics, hased on loiii; usaf^^i and on re<'oii;nition liy Tniatics. .Vltlinu!,'ii she reduced her claim to seventy-fiv<' miles from the coast the other nations refii.seil to ."idniit her pretensions, on the tjroimd that as no nation can aciiuirc hy usa!,'e (n' by Treaty ;iny property in the lii^li seas, tlierelore no nation can extend the limits of its territorial waters. Calvo adds : — " Si de pareilles deroj^at ions aiix principes universellenient reconnus out lien, c'est qu'clles sont diclecs par un int(''r6t maritime de jiremicr ordre, notamincMit I'exjiloi- tation d'' jieches eolieres d'une natiin^ exceptionni'lle, des li;iiics d'hiiitres on atilii'> (ro(|uillai5e.s ; it faut (iu"ell," vol. ixviil, ji S83 icd a close sea 17 No. 13. Admiralty to Foreiyn Office. — {Received October 7.) Sir, Admiralty, October 4, IROO. J A>r fommandi'd hy flio I/irds Commissioners of tlio Admiralty (o transmit, for till' lu'iiisil ol" t lie. Secretary ot' Stale I'or l''oreii,'ii AlFair^ an extraet ot' a letter from till' ('oiiiniander-in-eliie( on the I'aeiiicr Station, dateil llio loth September, rej)orting the rrtiirn of the; si-ulinij-scliooners from J{elirini,''s Sea. My liords desire me to eall partieular attention to parajjraph (i of llear-Admiral ll.illiMiii's letter, in which it is stated that two-thirds of the catch consisted of female sciK, sliowint,' the necessity of some agreement to prevent the extermination of a valii.'ilile fishery. I am, &e. (Sij^ned) EVAN MACGllEGOR. Inclosuro iu No. l;5. Rear-Admmtl Hotham to Admiralty. (I'ximct.) " WiirspHc" nl Esiiuimnit, Scplrwber 10, 1800. I II A VFi to request yon will hrint; to the notice ;it' the; Lords Commissioners ol till' Ailiiiiralty this letter with reference to my tel(>i;ram of the 8th instant. I personally saw the masters of the setilinij-schooners named below, and obtained fi'iiin tliem the inform.-ition herein re])orted : - Captain C. Cox, schooner " Sap])hire." Captain I'ctit, schooner " Mary I'aylor." Captain Uackctt, schooner " Annie Seymour." Captain W. Cox, sehoo: "r " Triumph." Tlioy left the Behring's Sea on the 23rd Au!:just, and reached Victoria, British C'nliiiiilii;i, in thirteen days, This season has been the worst they have ex])crienced (Caiitiiiii Cox, of the "Triumph," having; been sealiiiL; for live years), tmd state it is liur 111 tlu^ bad weather they experienced in .Tuly, which is the month they tilways nmki' the bij^^'est catch; as for twenty-ono days, then, nothini; but heavy I'ol: was cxitiii'neod, and they consequently could not ijet out their boats and eanoes to hunt ; liny >.late they saw of plenty of seals whenever it cleared a little. Mr. lliickett, of the "Annie Seymour," says he met the American criiizcr '■ lliish," wiiile his boats were round the schooner, actually en<;^at;ed in sealinu', and the crnizcr steamed round them, but took no notice whatever; he had his colours tlyiiii,', and after about half-an-hour she steamed away. Niiiie of the other schooners they spoke with had met with any interference, nr hi'fii spoken to by the cnii/ers. 'J'hey knew of the " Rush" havin>; been to Sand Ihail, Sjiiunaitin (irouj), and served a Proclamation on board the "Ariel," but, as thoy wnv Ml Ncrth-Hast JJay, they had not met her tiien. They also mentioiu-d that two-thinls of their catch consisti-d of female seals, litit tli;it after the 1st July very lew indeed were captured "in pup," aiul that when sealiii',' outside th(^ Hehrini,''s Seti, nunid tin- coast, on the way up (where this year the licavii'st catches wen? made), they aekiiowledj^'cil that seals "in pup " were frccjuently ra|iluii'(l. iliii' capt'iin stat(>d Ik; saw what he thought to be an Eni;lish man-of-war, but fi> this could not have been, the vessel may have been the United States' survcyinu;- sliiji "Albatross," or a llussian man-of-war or crnizcr, thouij;h I liave no intcllij^ence of :iiiy 111' iii(< Siberian ticet IxMiii,' in those parts. I ini!j;ht add thai the sealers say they lieard rumours of a new seal-rookery lifiiii,' funne-d on Middleton Island, which is outside the Hehring's Sea, but .Unerican ti'rrilorv. m \(.. 1 1. Admirullfi to Forc'iija O/ZiVc — (livveiicU October 14.) Sir, .Vhiilrnllii, Ortnbnr 14, IHOO. I AM oomiimiuli'd liy my Linds ('Dinini-isioiicrs df tlio Ailiniraltv to trniisiiiii, for Iho intbrmatioi) of tl;j SeiTotarv of Stiito for iMirci'^n AtVair-*, copy of a tclpi,'riiiii, dntctl tlic I4th instant, from the I'oniinnnilcr-in-fliii'f on the IViiic Htntion. 1 am, Ike. (Signed) EVAN MACORKGOR. Inclosurc in No. 1 1, Jlear-Adiiiiriil Ihtthum In Admiraltij. (Telcgrft])hie.) Alifj tlie scaling scliooncr> liavo rt'tiniu-il " U'lirspltp," III Virloria, October 14, 1N90. No. 1.". Till' ^f(lrl|Hl.1 of Siilisbiirii to Sir ./. Piiiinrrf'ntr, Sir, F'»rl>jii n/flri', Orfnhfr 22, 1890. YOUR (Icspiitcli (if flio 2Kfli July last, ini'l(i..iMi,' n icitcr from Mr. Itl.iiiio undor dato llic lUtli July, rc.-iclii-d nic slmrlly lict'ori- tlw closi' of tln' Session of I'arlia- ncnt. I (lid not answer it nt (lie time, ehietly lieeaiise 1 did not tliink it deMrdiic (o mix up what seeimd to jne ;i c jutrnversy on a veiy iiuinipurtiiiit and secondary ])oint with llie more serious i|iii>s(iiiiiv w liitdi were in issue Ixtween the two (Idverii- menfs, and to whi(di the eories)i(>ndenee then !,'oini,' on spe<'ially applied. 1 un(ler^l,Ml(l from you that Mr. Itjaini" lias since asked wlielhcr you liav(! received any answer to that despatcdi, and, therefore, I will make somi? (d)servations upon it now, althouuliit appears to mo to contain little that alleels any (pn-stion of i)iil)lic importance. I understand his eom|)l;iinl to he that, in a ecmversatiou with ilr. Phelps reported hy that i;entlenian in a iles|);itch dated the 2.")lh February, IHSS, I iiad a.sscutod to the American ])roposition to esla!>li>-h, liy mutual arrangement hetwcon the Ciovernnieuts ini.-resfed. a (dose lime i'or fnr->eals hetweou the l.")tli Ajiril anil the 1st Novemher in ca(di year, and hit ween KiO" west lon;,'ilude and 17"° wsf longitude in the JJ(dirinij:'s Sea ; that I had undertaken to cause an .\et to be introduced in i'arlianieiit to ijivo elTcct to this arraii'^emcnt as soon as it could Iw prepared, and that I sul)se((uently receded fnun these en;,'aireinents. The conversation in (picstion took place on the 22n(l I'chruary, ISSS, and my own record of it, written on the same day in a despatidi to your j)redecessor, is as follows:— " Jlr. l'h(dps then made a proposal on the bases embodied in ^Ir. Hayanl"'! despatch of tli(> 7th February, -i copy of wliieh aceomp;uiies my previous despatch of this day's date. ^Ir. liayanl there expresses the opinion liiat the only way of ])revcntiin,' the destruelion of the seals would be liy concentrated action on the [lart (if the Inited States, dreat lirilain, and other interested i'owers, to |)revcut tlicir eilizeiis or subjects from killini; fiu'-seals with iire-.arnis o! other destructive weapons north "f 50° north latitude, and between lI'Af west longitude and 170° cast louL'itude from GnMMiwich, durini; the jieriod inlervcm'ng betweeji the l.'tb April and the l<^t November. I cxjiressed to Mr. I'helps the entire readiness of ller .M.ajesty's (Jnvern- ment to jom in an Au;rcenient with ftussia and the Tnited Stales to establish a close time for seal lishini^ north of some latitude to lie fixed." It n^sults from these two rr'' inls that Mr. I'ladps understood me to accept rn hlnc the proposals of the riovernni i of the United Stales; Avhilc my own intention and my own recollection of tin; ^onversiilion was, that T mendy acc(n)ted the ireiioral principle of a close tinu- north of some degree of latitude to be sul)se(iucntly lixi'ii. This differenct! in the two reports of the same conversation, though not in itself vory wide, unfortnn.'itidy covers the controversy between the two (Jovernments, at least in its earlier stai;e ; for the matter in dispiitc between ns was the extent of the aiva and the season over whi(di the (dosc> lime w;is to extend, and not Ihe cxpediciiey nl' a clo.so lime in principle. Mr. Hlaiui> speaks of Mr. IMndps as havini,' been Ion:; known in Ills country as an .able lawyer, aceurati! in the use of words, ;in(l discriminatiiii; in flic statcmcu'l of facts. In that tribute to Mr. i'hcljis' high intellectual qualities J that tl file re( of the I'ad .\ ineilf (I the Mil My f.o ill llie Tl '■itUrie .\bska 11 seizure that, il from 1 19 jiiiii most unreservedly, m I'ur !w my own i»(!(|Hiiiiilanci' with liiin cimlilod nu; to judge. lliit it is iiothiiiL,' iiiilieanl of lliat a iiinii, liowi.'vrr Mijlily i;iflcd in this rrs[)cct, slidiild, ill ri'<'ordiiii; llirci' days al'lcrward^ a roiivcr.satioii Mlirn- no ivind of noti- wnH lalvt'M, and no cIVoi'l iiiadc lo dclinc liic i'\|)r«'>'>iioiis df ojiininM wliicli were cxcliani^cd, liav slij;liliy ini-.con('('iM'd the cxli'iil to uliieli aNX'iit was L(ivi'n (o his own proposnls. .M_\ ii'collcction remains uiuhaiii,'('d, liial 1 ne\(.'r intended to assent and never did a-«i nt lo llie detJiilcd proposals whicli were put for\\aid on Itcdiail' of tlu; Initcd St.iti-, l•eservin^' my opinion on them for fuller eonsideralinn ; liiil that I expressed ihe Inili'sl eoneiirrenee on the pari of lUv .Majesty's (Joverninent in the i,'eneral IJiiniiple on wliicli those proposals proceeded, namely, tiie estahlishment of sue', (dose ti lie as slKndil he nei'essary to preservi' tlic speeies of fur-seals from extermination. l>e\ond this issue on the piirlienlar (|ues|ii;n of fiu^t, whether I did or did not a>Miil lo the proposals (if the Lnileil St;ile> as unreser\i'illy as Mr. I'helps imaLcini!d, there is a larirer i|ues|i(iii in regard to whi..ii ions as eonsi il ntiii^ an ALMri iMi lit, and alludes to one of tinni under tin name of the .Vijreemenl of the ;;.')lli i'eiiruary. I do n which are to he construed as an .\L,'rccmcnt should he drawn up with the coiieuireiice of both the parties who luivo taken part ill the conversation. Any other course must necessarily lead to misiinder- btaiidini,'. If .Nfr. Ulaine sliould revert to the matter auain you may read to him this ilexpateli, hut I do not think the ([uestioii is of sullieieut importance to reiiuire any cyuiiuunicatioii on your part unless he should refer specially to it. I am, iiv. (Signed; BALISUUUy. Xo. 1(1. Sir J. Pnnncpfolo lo Ihe Mfliqiiin of liuUshunj. — {Rneivnl Novombir I'J.) (Teleiirapliie.) 1'. Hiishiniiloii, Norembtr 12, ]W)0. 1 l'".\nil';i) in my elTort.s to sec "Mr. Ulaine until to-day, when I reminded him nf yonr [..onlship's ])roposal of nrl)it ration in the nehriiiir's Sea controversy, and )iresseil him for an answer in view of the approaciiiiiir meetini,' of Parliament. He said Hint the delay in sendinu' an answer was due to the pressure tpf home polities durini: the reeess. lie was, however, imw eiiiraired in wrilimf me a note in answer to my note fif the lilli Atiu'iist, in whiidi I eomniiniiealed to him your l.eniship's despatch <>f the iml Aiii;nst. 'I'liis note he said would I.e delivered hel"orc> tin? meeting of I'arlia- mi'iit (ir the reassemhlini,' of Conuress, and would, he tlioii^'hl, advance matters. In the meantime anv fnrth(>r discussiiJii is delerivd. Xo. 17. Sir .1. Paamr/olf lo llin Miiiiiuis of Salhhury. — {Received Xovember 17.) My T.ord, IVoshinijlDii, Xorembfr 7, 1890. F IIAVI' the honour lo transmit hi'rrwith two eo[)ies of flie transcript of record ill the aitpeal ease of the sidiooiier " Sylvia Mandy " r. the United States. The " Sylvia Ifandy " is an American ressid, and her owners, who are American liti/ens, appeal r.uainst her eondenination and forfeiture tiy the District (.'oiirt of •Mask,! for eiiL;ai;iii'.;' in the fiir-seai lishery in Helirinu''s '"sea 17 miles from land. II will he contended on this ap]ieal that the Act of ('onifress under which the ''I'izure was made has no application outside of the territorial waters o' Alaska ; and tlial, if it purjiorts to control the waters of l!elir\ny;'s Sea lieyund 1 marine league: from the shore, it is unconstitutional and r.hortive. [95] D 2 20 This n|»))0!il casi> was iium1vrr.ililvnimc iiii I'nr licarini; Ih'I'di-c Mir cxpinitiinMif the prcsi'iil tiTiii. .\llli'>iii;ii ililViTciit 'tiisiilcratioii'' !i|i|ily to llic casf of an Anicficiin M'sscl, till' Ciiiirt may l>i> caiifil on (d i.'ivc a ciiii'-lrui'liim In liu- worils in clause |'i,';(i of llic l'r\ ImmI Statutes (if tlie I'nitcd States, "uitliiii (lie limits of Alaska 'reiritorv or in tin- «ater>. tlicreof," «iiieli will settle tlie (|iii'slic)u i>\' law adversely tn tlir roiileiition nf the Initod States' (iorernnicnt, iind irresjieetively of the natidnalitv of llif vessel. I have, fic. fSi-ned) JULIAN I'AUXCRrOTi:. Inciosiirc ill No. 17. TiiiHufript of lirrnrd. SupREJiE Court of the UNn'i;u Statks. OetolKT Term, ISS'J. Xo. 083. The Schooner '• Syliin lliindi/" hrr Tackle, Apparel, S^c; L. N. Hiindij, Jiimrs Girthcui, J. X, Handy, and IVilllnm Thomaf, Oiinern, Appellants, v. the I'nilrd !ilales. Appeal from the District Court of the United Staten for the Ditirict of Alaska, (FiledJuno 10, 1888.) Ill the Unitod States' District Court in ano or the District of Alaska, L'liited States ot Amcricft. To the Honourable I>a Fayotto Dawson, Jud;»c of said District Court. THE lihel of iiiforin.ation of y\. D. H.all, Attorney for the United States for tlic District of Alaska, who prosecutes on Indialf of the said Ciiited States, in the name and on behalf of tin- said I'liitod States, alleiji s and informs ;is follows, to wit : That M. A. lltaly.an olficor in the Revenue Marine Service of the I'nited Statis, duly caminissioiicd by the I'n'sident of tin" I'nited States, in eominand of tin- revenue-cutter " Hear,'" and on s|y><'ial duty in the waters of the District of Alaska, heretofore, to wit, the 2nd d.ay of Spptoniber, a.d. 18h7, within the limits of Alaska Territory and in the waters thereof, and within tin- Civil and .ludi<'ial District of Alaska, to wit, \vithin the waters of that jiortion of Hehriiifj's Sea hcli ni^ini; to tlu," IJiiitcil States and said district, on waters navisfable from the sea by V(!ssels of 10 or iiinri' tons burden, seized the schooner "SNlvia ll;indy," of tSan I'raiuiisco, California, Iht tackle, apparel, l«>ats, earso, and fumituiv, being the property of some peivm m ])ersons unknown to said Attorney. The pi-operty i^ more |iarticularly described as follows, to wit: The selionu'r "Syhia llaiidy," of San I'raneisco, California, of OTi',,",, tons burden as per register, slaiidini; .and riinnin>; riu'trii ic, saiis, chronometer and nautical instruments, cIcK'k, lam|is. carpenteiN' tools, biwiks. anchors, casks, cookiiii; and tahli" utensils, provision*. riiles and shot-i^uns and ammunition for the same, and l,(i7t> fur-seal skins, and all other jiroperty found upon or appurti'nant to said schooner. Tiiat y\. A. llealy was then and there duly cortimisKioned and authorized by the projHT Department of the C'nit«l States to make said seizure; that all said piopiTty was then and there seized as forfeited to the United States for the Ibllowint; clauses: That the said vessel and her captain, olTiccrs, and crew were then and there fouiiil euijai;ed in killintr fur-seals within the limits of Alaska Territory, and in the saiil waters thereof, in violation of Section l!)oO of the Revised Statutes oi the I'niU'il States. That all the said jiroperty, after bein^ seized as aforesaid, was brought into tlio port of Sitka, in said district, and turned over to the United States' liarslial of this district, with the i-xception of the said l,(i70 fur-seal skins, which latter ww broui;lit into the port of Ounalaska, in said Territory, and delivered into tli'' keepim,' of J. 1!. .lohiiston, a spet-ial a'^i-iit of the Cnitcd States' Marshal, suhjiet I'l nitcd Statw oi 21 till' nnlcr of the Cojirt, nixl nil of said proporty is now within (ho Judicial District of Al;i-k:i, I'liiti'd S(n^^^ of Amcricii. \iiil said -M. I». hall, Atlorni y as aforesaid, fnrthor informs and allcf^es — TJi.il on 111"' 'Jiid (lay ol' S('|ptcniliii', A.n. 18^7. and at divers oilier times diirinj; the iiiniiih of AuiiUst |ss7, •!. L. ('arlliciit and eerlaiii oilier persons, wliosc names are lo till' ., 'lid I'niled Slates' Altorney nnknown, who were then and there en^af^rd on hoard iif «iid '•I li<«)ner " Sylvia Handy " as seamen and seal-hinilt-rs, did, nnder the direction mill hy the nnthority of .las. L. Cartlient, then and there master of siid sclKMiner, rriirri-e in the killim,', and did kill, in the 'IVrritory and District of Alaska, and in the wntiT- thereof, forty-two fur-seals, in violation of Section l'.).">(i of the Ueyised Statutes of tiie I'nited States in such cases made and provided. Tli:it the said 1,(579 fui-scnl skins and other i^oods so seized on boainl the selioouer "S\ivi.i Handy" constituted the carijo of said schooner at the time of the killing of slid tur-seals and at the time of said sci/ure. Ai'il said Attorney saitli that all and siiif;ular the jiremises wt>re and ari i; !•' and witiiiii the Adniiraltv and maritime jurisdiction of the United States and of this huiKiuralile Court, and that hy reason thereof and hy force of the Statutes in such cases nwili' luid provided the aforementioned schooner, hein^ a vessel of 'a tlen, r.'id her Niiil :i|i]virei, tackle, lioats, cari^o, ;ind furniture, heeanxi! and an; I'orft .lod to the use i^f theviiil I'nited Stat''- Wherefore the siml Attorney prays that the as'iil process and monitio: f this li'iiiuiuahle ''ourt issue in the hehaif af,'ainst said schooner and all sjiid l.Liciubefore- (li'vriln-d jirM|.L'rty, to enforce tht; forfeiture thereof, and n :iuirinij notice to Iw given In :ill pc'i-soMs to appear .'md show cause on the return day of said process v''y said ''iil'iitiire slioidd not ho depreed, and that after duo proceedings are had all said ]Mn|i"riy to he adjudged, decreed, and condemned .as forfeited to the use of the United Slates, and for smdi other rdief as may he proper in the premises. (Signed) M. D. HALL, United States' DUtrict Attorney for the District of Alaska. (By A. k. Delaney, Spe<'ial Assistant Attorney lor the United States.) Dalnl Sleptembry in, 1887. llndorsed: i[. No. 93. 1. United States' District Court, District of Alaska. ilir 1 iiiled States at;ainst, the schooner "Sylvia Handy." Libel of information. lilril th • l.')th vSeptomher, 1HM7. 11. K. llaydon, Clerk, hy A. A. Meyer, Deputy Cli'rk. lu the United States' District Court for the District of Alaska. United Slates v. Schooner " Sylvia Handy." No. 93.— C/a/m. Comes now James L, Cartheut, one of the owners aiul master of the above-named ^ilhiiiner, intervening for his own interest and in hidialf of those owning with him in tiir ^liil schoont^r "Sylvia Handy," and apj>ears before this honourable Court and makes claim to the said schooner, her tackli-, apparel, furniture, and cargo, as the same iri now .ittiu'hed by the United States' Marshal for the District of Alaska, at the iiisiance of the Revenue Department of the United Si tes, and the said .Tamos L. Cartiiciit avers that he is part owner and master of said vessel, and was in possession iif sail! vessel at tlu^ tinii^ of the seizure thereof, and that he in conjunction with I". X. Ilaiuly and Joseph Handy and William Thomas arc the sole, onl;, and bond fide 'nviu'iv of said schooner; that no other person or persons own any interest therein. Wherefore he prays this honourable Court to be allowed to defend accordingly. (Signed) J. L. CAllXnCUT. fSworii U) and subscribed this 15th day of September, a.d. 1887. Deforc lue, (Signed) n. E. Haydon, Clerk, United Statfs' Di-ilrict Court, (iiy A. A. Meyer, Deputy Clerk.) (Seal.) (Signed) \V. Clauk, Proctor for Cluimanl. 22 Endorsed: 11. No. OIL 2. United States is selioouer " Sylvia liaiidy." Claim. Filed the ISMli .September, 1^S7. II. E, lliiydoii, Clerk, by A. A. Meyer, l)ei,utj- Clerk. W. Clark, proelor for elainiant. In the United States' District Court lor the Distriel of Alaska. Untied aiutca v. Hclwuncr " .S^/rm Handy" No. !)3. — Demurrer. At this time eomes \V. Clark, Escj., ])roetor for tlie claimant of the )irop('vtr proceeded aijaiiist in the ;il)ove cause, and demurs to the lihel of information (lied licreiu. The said claimant, liy iirntcslatiiin, not cmifessini,' all or any of the matters in the said infurnuition contained t(» he true, demurs thereto and says that the said matters in manner and form as tln^ same are in said information stated and set foith are not suflicient in law for liu- United St:i1cs to maintain their said action lor the forfeiture of the properly afoi'i's;iid, and ilial the said claimant is not hnunil liy law to answer the same; wherefore the said claimant prays that the said information bo dismissed, with costs. (Sii^ned) W. CLAllK, Proctor fnr ()wm-r>\ Endorsed: TI. No. 1)3. .'!. United Stales c. schooner "Svlviallandv." Demurrer. Filed the I'Jth Se))teml)cr, 1S«7. U. E. Uaydon, Clerk, hy A*. A. Meyer,' Deputy Clerk. W. Clark, proctor lor claimants. In the United States' District Court for the District of Alaska. United Ulates v. iichooner " !ii/h-ia Hundi/," No. 93. — Jnswer of Janicn L. Ciirlliciil, Mttnlt'r nnd Purl Owner, And now comes James L. Carthcut, claimant as aforesaid, and for answer to tho libel of information tiled herein says : — 1. lie admits that !M. ^V. Ilealy was an ollici r of tlu! I'nited States' Uevfiiui ^Marine Service, ('iily coniniissioned, and that lie was at the time the ])roperty pmceedeil against herein was seizeil in command of the United States' revenue-cutter " Bear," and on oflicial duty at tlu; time the said seizure was made, ;uid was then and tlieix' iluh commissioned and authorized by the jiroper Department of the United States to maki' said seizure, but denies thai .said seizure was made within the waters of Alasfci Territory or within the Civil and Judicial Disti'iet of Alaska, nv in any portion of Behring's Sea belonging; to the United States, or u]ion any other waters belo;ii,'iiii; to libellants navigable from the sea by vessels of lU tons or over. 2. Denies that said vess(>l, her ca|)lain, oHleers, a!:d crew, were then and tliPri' found engaged in killing fur-seals within the limits of Vlnska'lerritory.or in the witoi-> thereof, or that they were then and there violatint;' any Law of the United States. 3. Denies that nn the 2nd day of September, a.d. 1ws7, any other jwrson or persons did then and there, un ler the direction and authority of the said J.mu's L, Carthcut or any other person oi at all, kill any fin--seal within the Districtof .Vlaska.or in tho waters thereof. 4. Denies that the property proceeded against in this cause or any jiorfion tlmrfof ever became forfeited to the United States. Wherefore th(> said (daimant juays that the libel of information filed herein may be dismissed, and for any other just and otiuitable relief as to this Court may seem meet and j)roj)er. (Signed) J. L. UAHTllCLT. Sworn to and subscribed this 16th day of Soptembei', A.u. lbf<7. Uefore me, (Signed) II. E. Il.wnox, Clrrk, United States' District lUnul, (By A. A. Meyer, Deputy Clerk.) (Seal.) (Signed) W. Cl^UK, Proctor for Cluimuul. 38 Eiidorsod: ir. No. 03. i. Unitod Stnlos i'. sclioonor" Sylvia TFaiKlv." ^ !l. K. ir.iydoiK CI.tK, l,v A. A. MoV.T, Answer. Deputy, ll'tinii. iiftaclicd , till' ISMIi S("]iti-inl)(T, i^'-: W. Clink, pi'oi'tor Tor I'laiiiiaiil. Siikn, District of Alaska, sect. : lit' it roincmhcrcd that, in olu'dicncc to tlio annox(>d monition, I liav( ilic williin-dcscrii)ud projjerty and now hold tlio same in my possession, sulijeet to the order of this hoiiouralile Court ; and the owners and claimants of said pro])erty liaviiii; in writinij, tiled in C'ouit lliis day, waived notiee of ])ul)lication and postin;^ of the lilicl and seizure, I tiierei'ore have nutified all ])ersons elaimin!^ said j)roperty to)"' and appear hetore this District Court on the lUtli day of .September, 1887, at ,T o'clock i'..M., then and lhei-(.' to make their claims ;ind allci^'ations in that belialf. (Si^Mied) JLMtTON ATKL\>;, United Stnlcs' ilur«hal, Difdid of Alii^kii, Sithi, Alaska, September 10, 1887. }r for Otenns. UAlMJlCLf. United States' District Court for the District of Alaska. Pistiict of Alaska, sect. : Till' Tivsident of the United Stales of America to tlie Marshal of the District of .\l:i--l\a, ffreetinsT : AVIiereas a libel of inriinnation liath hei'ii tiled in the District Court of the United >i!iti>; for the District of Alaska on ihc l.'illi day of September, in the yeiir l*^S7, by llimiiiir.ahl(! M. D. Hall, United States' Attorney i'oi- the district aforesaid, oTi hehalf "f tile liiited States of Americn, au;!iinst the sctiooner " Syh ia Uandy," her t.iekli', ;i|i]iaivl. bouts, enrLfo, and U'iT'.t l'ur-se;il skins, fin-niture, as forfeited to the use of the United St.'des f(>r the reasons set forth in said libel of information, and prayin;; tlie iMial process and monition of said Court in that behalf to he made, and that all |ii':siiiis interested in said schooner "Sylvia Handy." her tackle, apparel, boats, cari^o, 1111(1 said sealskins and fnriuture, iK:e., may be cited in !,'ciieral and special to answer :!ii' iireinises, and, all proeeedinL;s beiuir bad, tliat the said schooner "Sylvia Handy," lirr t;i(d\le, appand, boats, caruo, said seal-skins and furniture, may, for the causes in ■li'' Slid libel of information mentioned, be condemned as forfeited to the use of the liiilrd States. Yon are therefore hereby eommanded to attach tlic said schooner " Sylvia Uandy," liir ta(kle, apparel, boats, cargo, and said sealskins and furniture, to detain the same ill ,vour custody until the further order of the Court )'es|)ectinj^ the same, and to give iiiitii'c lo all persons (daimin^,' the same lU' knowinu' or liaviiii;' anything to say why till' same should not be condemned and sold ))ursu;inl to the jiraycr of the said libel "f inloi'mation that they lie and .appear ludore the said Court, to be held in snid tor U,r DiMrict of Alaska on the I'.lth day of Sejdembcr, ISST, at !$ o'clock in the ai'ter- imon of the same day, if llie same shall be a day u\' jurisdiction, otherwise on the u(;xt •by of jurisdiction tlicrcarii i', then ami there to intcr[iosc a claim lor the same and to m;;ki' their allcijations in that behalf; and what you shall have done in the premises J'l.vmi then and there make returns thereof, together with this writ. Witness, the llononrat le La I'ayette Dawson, .Fudge of said Court, and the S(\il tlirwol' allixed at the city of Sitka", in the District of Alask.i, this lath day of i^t'pti'mlier, in the year of cnu' T Commissioner, the United States Marshal being absent at the time. [!to] B 26 Tho papers produced by counsel arc as follows, to wit : — Eejjistcr, No. 51 ; numeral 110,085, issued at Customs Office, San Franpispn. 12tli .lanuary, ls87; tonnage, (i7'70 net; "Sylvia ilandy" certificate; civw liJ ccrtilicil 1-Jtli ,luly, 18S7, San l^'raueisco ; clearance from Cnstonis OfRee. \icti)ri.i JJrilisli Cdliiniliia, mil .M,iy, lss7; ImumkI I'ur .Ndrtli i'acijic Ocean and l!cliriii^'\ Sra (i)ill of lieaHli aeciini|)!\iiyiiiu:) ; also ei'rlilicat<' nl' Unilcil States' Consul of tlir di'iio.i! of his clearance anil otluT |ia|iers nitii tlic Consnl at Victoria, ]{ritisli ('(dumliia. Endorsed: C. 11. 11. \o. 03. T'nited States v. scliooner "Sylvia irandy.' Evidence. Filed 22nd Septenilicr, l^'s7. 11. F. llavdon, Clerk, by' A. A. Movit Deputy Clerk. In tlie United States' District Court, Districf of Alaska. !ii the Mtillcr of the Vnilrd Sliitrs V. Sriwnner " Sylvia Ihimhj." No. 93. — Vlndhujs and I'otii'lunions nf Law. This cause liarini? been tried and submitted, the Court, from the evidence, fin the foUowini' tacts juid C()nc 1. Tliat in th e _'1H L'hisions of law : — 1 day 111' Se|)teMilier, 1 sS7. and therctorore, the master anil cr of till! dereiiilant's \essel wei'c eni,'aLreil in killini;, and did kill, fur-seals in tli.i' ])()rtion of lielniui;"s Sea cihIimI by iiussi.a to the United Stati's by Ihi- 'I'reaty nf Marili lh(J7, and within the waters of Alaska, in violation of Section ID.'iCi of the lidviscd Statutes of the I'niled States, and thai tln> promiscuous hhootinf^ of fur-beaiiiii; animals in the waters adjaci'iit to tin' Islands of St. i'aitl luid St. (ieor^o, and in tliai portion ol' Heinint;'s Sea east of thi' l!);lrd (le;,'ree oi' wchl lonuitude, has a tendency to l'rii;iitei\ and jirevent said animals from i^oinu; ujjon those islands, as they hnv l)ivi, accustomed to do in tiii^ past. 2. Tiiat on the said 2nd day of Se])tember, 1^S7, said vessel, her furniture, appaivl, tackle, caruo, .and 1,()7'.' fur-seal skins wen^ seized in said waters by the counu.'indiii.' oillcer of the revenue marine service o liiited Slates' ri'veniie-cuttiM' " iiear," then and there eni,nuied in (lit f the ( niled Slates. 3. 'I'liat said commaiidiiiii' ollloer was diiiy comniissioned by tho rresident "I till' I'nited States, ai\il made such seiziu'i- under tin- direetion ami by the autliorily ui the 'J'reasury Depart iniMit of tiu' United Stales. •t. That said pi'o]ierty so seizi'il was di'li\ered by said conuiiaudini,' ofUciT of saia cutter to thi" United Stalls' .Marshal of the District of Alaska the jui'i--ilietion ol' this Court d is now wiiniii forfi As conclusions of law Ihr Court linds ticii the jdaintiiV is entitled to a diri citure .aLrauist said vessel 1,()7') fur-seal skins 1^S7 •kle, a[iparrl, furniture, earL;o, and tlic s;i (Si-ned) LA J'WYFTTl' DAA\'SO\, Dixtrici Jinliir, Fmhu'scil. CD. 12. No. 03. In the United States' District Couil, Disiriii of Alaska. United States r. schooner " Sylvia llamly." i'iiKlinf,'s and i'unclu'-ii)iis oi law. Filed tlw 22nil September, l>*y7. H. F. llaydou, Clerk. In the United States' District Court, District of Alaska. United Slates v, Schooner " Syhia Ifnndi/," J. L, Curlhcut, L N. Handy, Jus. Ilnmhi, und ]Viii. TItomciK. No. Q^.— Decree. Tho ^Farshal havinu: returmd on the monition issued to him in tho above ontitliil action that, in obedience thereto, he had attached the said schooner "Sylvia llamly, her tackle, apparel, boats, cargo, iuul furniture, and proctor for claimants, on helKill'l Kilil; Dirn jini., l)r| Ai aiwst th 1. T "iialile tl |iroiiia'lv ■ 2. 't Mlliicirni • >, ilin! tin. I. iiiicDnsiii jurisdieli dmiv., ,-1 ili'liiiili I'li'arlv (I •i'liM 'lismis.sr( n ovi(lL>n('(>, finds >ni(l owners, liavlm» wnivorl said owners' ri^ht, in publicatioii nnd postiiicf of llii^ notion of the liliol and soi/.urc, ••iinl al-io time of licariii;:, and lias ijivcii diu; iioticf ti> all |if'r.s(iiis <'hiimiiii; tlif saino ti> npyx-ar Ivfoir fliis (,'oiirl on tlic lOtli day of Sciiti-nihcr, IS*'?, at :i o'j'lock I'.M,, at tin- District of Alaska, United States of Anieriea, flicii and thereto interpose tlicir claims and make tln'ir alleu'alions in tlial lielialf. and .1. Ij-Cartli- nil, till' captain of said vessid, liavini: iiereto tiled a elaini to all of said property in his mill tl]i' lii'lialf of \j. X. Handy and .las. Handy, and Win. 'J'lioinas, of San i'raneisco, ( iilifni'nia, and no oilier piTsoiis liaviie.,' ap]icared, and no other elaiins lu' allenatiims linviiiL' lieen made or tiled liy any other iierxjii or priMJUs, .-ind the usual profdamation liiuiiiL' heen made, and said cause iiaviiii; hecn heard this day liy eon--('nt of parties on till' ]ilca(liiii,'s and proofs, M. I). Hall, l>q., riiited States' District .Vttorney. hy A. K. Delaney, ]•>((., couiiH't in that liehalf, appearing- as advijeate lor said liliidlant, ;inil AV. Clark, I'sip, as advix'atc for said (daiintmts, and s.iid cause havintf heen Milimitted to lilt' ("oiirt for decision, and due dclilieration liein^ had in the premises, .iinl the Court havini,' I'lh-d his findini,'s of fact anil coneliisioiis of l:i\v herein, it is now lhi'rrii]ioii ordered, sentenced, and decreed as follows : — 1. That all ]m r^ons who^oi-vei' other than s:iid claimants iie. and they are lieivhy, (li.'crred in eonttimacy and dei"ault '1, 'riia' said sc||()i)ner "Sylvia llanily."' her tacdvle. ap|)arel, boats, and furniture, anil her cari;o ni l.ti"'.' fur-se;d skins, hmw in the custody of .1, \\. dohnston, I'liitiMl Slates' Conimissionir, a special agent of the J^-puty l.'nitel St:ites' Marshal at Oiiiialtiska, siihject to the order of the C'ourl, and all ]iro|irrty found upon or appuiti'iiant to said schooner be. and the stinic are hereby, condeiniu'd as forfeited to the nse of the I'nii'ed States. :>. That unless an a]ipeal In- taken against this Decree within the time limited and prc^eiihed hy law and the Itiiles i,f the Court the usual writ of rmdilioni r.rjKiiui^ bo i'Miid to the Mar-hal commandin'.' him to sell all the said property and brini^ the I'lvirrds into 1hi>. (.'(lurt to In; distributed ai'cordin;,' to law. Costs to he ta\e(|, anil an- a«ar of the |iriMicrty seized herein. 1'. That the evidence proiliiecd i>n part of the United Stall's in this cause is not Millicii'iil iipiiu which to ha\(' a dcenr of forleiliire. ;>. That fnim the eNJilence pnidiieed on the ])art of the United States it appears iliul this Court has im jurisdiclidii o\ei the subjecl-mattcr of this eau>-e. 1. Thai the Act of Conirress under ^^lli(dl the seizure herein was made is micoiisliiutiijiial and ullni i ;/>.«■, in thai it purports to u;ive the United Slates iiirisiliciion over a jiortion (jf the hi^'li seas more than o marine leai;ues from its ^iinii ^, and purports to establish an iiiteniational boundary-line in iniil-oceaii w itli no 'I'liiiiir icrininal jioinls and iiii|iossible to determine hy absolute measurement or ''li'Mi'ly il.'iiiie hy marks. Tiierefori; eUiliuauts pray thai said decree may be for ever reste United States or such other Court as may have appellate jurisdiction over the suhjeet-iuatter of tiiis cause. (Si!,'ned) " AV. CLAllK, Proctor for Clnin imants Endorsed : il. No. 03. I.'}. United States r. schooner " Sylvia Handy." Pe*ition for leave to appeal. Eilcd the Oth Ucccmber, 1887. 11. E. llaydon, Clerk. "W. Cbi-k, proctor for claimants. United States District Court, District of Alaska. In the Mutter o/ the United States v. Schooner " Sylvia Handy." — No. 93. Petition filed by W. Clark, Es([., proctor for claimants, for leave to appeal. It is considered and ordered by tiie Court that leave be i^ranted. ■ (Signed) LA EAYETTE DAAVSON. December 9, 1887. Diilricl Judge. Endorsed : Petition to appeal. IG. In the United States' District Court for the District of Alaska United Slates v. Schooner " Sylvia Handy." No. 93. — Motion for Stay of Proceedings. And now comes W. Clark, j roetor for claimants, and moves the Court to i,'rant a stay of proceedings lierein for three months from this date to enable claimants to lioml tiie property seized herein if tliey desire to do .so. Dated at Sitka this 3rd day of October, a.u. 1887. (Signed) W. CLARK, Proctor for Claimants. Endorsed: IL No. 93. 17. United States r. .schooner " Sylvia Handy." Motion for stay of proceedings. Motion filed and overruled by Court the Oth December, 1887. II. E. Haydon, Clerk. W. Clark, proctor for claimants. In the United States' District Court, District of Alaska. United Stales v. Schooner " Sylvia Handy" and L. N. Handy, J. Handy, J. L, Carthcut, and W. Thomas. No. 93. — Affidavit on Appeal. United States, District of Alaska, ss. : Personally appeared before mc the Undersigned, Clerk of the District Court lo aua lor tht! District of Alaska, William S. .Morrisey, who, upon being first duly snorn, upon his oath says he is the duly authorized agent for claimauts iu the above- entitlid "or Clitimitnts. 89 caiisi' ; (Imt said claimants purposo appealing said cause to the Supremo Court of the Ijiitcd States. That tliey |)urpose prosecuting said appeal witli duo diliwiici' and without imn<'<'c--sary delay ; that tlioy ai'c a])pealini,' said cause for the reason that they feel tlicmsi'lves aifi^rieved and injured hy the decree of the IJistriet Coiirf rendered herein liii till' --lid (lay (>'■' Septemher, A.n. \>>S7, at a special term of said (Jourt. Tliat said a])peal is not taken for vexations delay or to hinder or diday the United Sinlc< in ohtainini^ the jn'0( ds of the said decree of lorf(;itnre rendered herein, hut that tlie law and the facts may he reviewed hy the said Snjierior C(nirt, and that this ajipcal is made hv alliant for ami in hehalfof said claimants. (Sigmd) \y. S. MtJiailSEY. Siihserihed to and sworn hefore me this 13th day of February, 188S. (Sii,'ned) 11. E. IIaydon, Clerk, I' lilted atiilrs' Di.stricf Court. (Seal.) i:ii(h)rsed: H. No. 93. IS. United States u. schooner " Svlvia Handy." AfTularit Ml appei.l. Filed the 13th February, 1888. II. E. llaydon. Clerk. Tn the Ignited Stad's' District Court, District of Alaska. The I'liiled Stales v. the Srlionnrr " Si/lrin Unnily," lier Cargo, ami L. N. Haiidij, J. Handij, .lames L. CnrthntI, fVHIiuw Thomas, ami W. S. Morriseij, Agent ami Attorm'ij-in-Fact, J^o. 1)3. — Amended Petiliiin for Leave In appeal. At this tiini? comes ^F. 1*. Herry, jjroetor, intervenin;; for and in huhaU' of the owners of the ahovii-named vessel and car^'o, tlirou<,'h and hy authority of W. S. Morrisey, i>(|., the (inly authorized atjent of the said owners, and prays the lionouraljle Court, by virtue of the jiowers vested under se<'tion 3 of the ()ri;anie .Vet creatine: the District of .Vla^ka. p.assed liy Conirress of the Cnited States, and ap])ro\ed hy the i'resident the ITlii .May, l^S8t, that leave be i,'raiited to amend the .appeal heretofore allowed by this t'iMiit (;it a special term liolden the ittli Deccmher, I'^^SJ) [ !- ] hi; Ljranted, said ownere ;fiiil aireiil, defendants, to ap])eal and carryforward their cause direct to the Supreme Omit of the I'nited States of Anierica. Tiiat the above-named vessid and c,arL;o, being of the appraised value of 1-.I173 (lol. 'lit ('., to wit, that the schooner " Sylvii. Handy " and cargo, was appraised I'V duly ajipointed and sworr. .appraisers oC this CVnirt in the sum of t,3')() dollars, and lliat the earijo, consist in;; of l,(i7y fur-seal skins [ r" ] in the sum of 8,323 dol. 25 c, iiinkiiii,' a total of 1 2,(173 dol. 2.'> e. The same liein^' a suflleient sum to carry an appeal to the said Supreme Court of 'lit' United States for review. (Signed) M. 1'. BFllRY, Proctor for W. .S. Morriseij, Agent for Owners. indorsed: 11. Xo. 03. 19. Tn the United States' District Court, District of Alaska. United States i'. schooner " Svlvia Ilandv." Amended jietition for leave to ■i|'iic!d. Filed the 13th February, 1888. II. E. llaydon, Clerk. JI. 1'. Berry, proctor. ill (he United States' T>istrict Court in and for the District of Alaska. The United Slates, PlainUff, v. the Sriiooner '" Sylria llamlij '' and Cargo, and Agent, Defendant. No. '.)'.i.—}[otion for New Trial. burners. aiiilK ilot ( Vl this time comes 'SI. V. JJerry, proctor, appearing for AMlliam S. Morrisey, dulv iiizeil ai;-en( for the ai)o\t'-nanied dereiidants, and prays this honourable Court ilel'i iidants he allowed a rehearing in their cause. 80 Tliiit a (lay cortaiii Ix^ named l)v the Court lor a now trial. That tills motion is based iiiiim liio '.;niiiii(l that the Coiiijress of tlio IJnitcil States, hr the ])assai;e ol" eerlaiii l,a«s wherehy we weii; siil)j(M't to arrest and ('(in- fiseatioii. (lid mil oidy wroii^' lis in our )ier.s(iMs and u;o()ds. hut that Ixidy did excwd their iiirisdietieii. (Si-ned) M. I'. lil'.lMlY, Proctor fur IT. S. Murrisfij, Aijint /ur Oinins, Endorsed; IT \o. 0.'?. 20. Tn the liiitc-d States' District Court in and for tlic District of Alaska. I'uileil States c.scliooiii'r " .Svlvia llaudv." Motion lor new trial. Filed the 1 Itli February, is^s. ||. i:. ||:,yd(,u, i'lcrk. .M.'l'. Jierry, I'roctor. In the L'uitcd Siates' ~>istrict Court in and fur the District, of Alaska. Tlir i'liilft' ^Idlfs V. Srhodiirr '• Siilrid llnndij." No. !);?. — Ml/lion for i^tay 'f I'roceidliiijs, Comes u(n\ ]\r. 1'. licri'v, I'roctor, and moves the Court for stay of ]iroccedini,'s in the above-eiitillcd cause ]icii(liny apjieal heretofore allowed to he taken by this liouourable Court. (Siiiiicd) .M. I'. IJEllHY, Prorlnr for I)ifni(l(int'<' Aijenl. Endorsed: IT. \o. !i:'.. 21. In the United Slates' District Court in and for tlio District of Alaska. I'nited Stales c. schooner " Sylvia llaiuly." Motion for -lay (jf prociM'dinj^'s. I'ilcd the I (th February, l^'^^. I'l. 11. llaydou, Clerk. .M. 1'. Hr'm, I'roctor. 1' In the TJnited States' District Court in and for the District of Alaska. Unltf'd ! in open Court, AVm. S. Morrisey, of Sitka, in tlii' rict of Alaska, and soleuiulv swears that he is the lawful bailee for the owner- nl District of Alaska, and sohanul the above-named sch svl\ia ilaiulv and cariro. Tlial be is dtilv autlmri/eil liv said owners of ihc above-named vessel ami cariro to enter into and tile sti])ulalii ith sureties, for the payment ill Is and cxpi'ii whi(di shall he awarded against them bv the decree nf this Court, or uj)ou ;ui a iincnl by the Appellate Court. (Sii^ucd) D(nie In open Court, this lOtli day of J''el)ruary, 188S. W. S. MOliUlSEY, (Sign.'d) 11. i:. llAVDOX, Clcrh: (Seal.) Endorswl: No. !)!$. 23. United States r. .schooner " Sylvia Handy." VcrilkM- tiou of claim. Eiled the 20tli February, l8sy. JI. E. ILiydou, Clerk. 31 new triiil and a /,. N. Iliiiiihl, Til flio Fnitod Stfttps' Distripf Court in and for tlio ■Distr-Vt of Alnskft. ['mli'il S'atf^ V. t ap|iella.nts niitjlit l)e eondi'inned to pay tiie demands ol' said iilx Hants and costs in s:ii(l liliel nicntione;!. That process issued out of said Cfiuvt liaviim' lii^en served on these appellants, till \ (lid, (in or ah(;ut the I'.lth day of Septcnd)er, in the year 1^S7, file their answer til ^nid lihcl in the said District (.'ourt, prayiiii,' that the said lihel he dismissed with tlii'ir costs in that hehall, as hy reference tn the said lihcd and the said answer may ainre fully appear. That the said cause eanie on to he heard hefore the llonourahle La JXvettc DinvRon, .Indite of the said District Court, on or ahont the '2'2iu\ day of September, in the year f^"^"?, upon the testimony and proofs adduced by the re>]iectiv(i parties; mill llie said Jndire, ha\ iui^ advi'^ed thereon, did, on the 22ud day n{ September, in tlic year 1*^*^7. make his decicc in said cause, whercdiy it was, anioMj,' other thinj^s, ilcciceil that the libellanl'- in '•aid caus(> I'ccover a'j;ainsl these a|ipcllants a decree of fiiil'i'iiin'c airainst said vessel, her tackle, apparel, iurniture, cariro, end 1,()7'J fur-seal -kins, ns by ret'erence to the said decree ni.ay more fully ap|iear; and these appidlants arc advised and insist that the said decree is erroneous, inasuMndi as tlic honourabh! Cmnt, at such sittini,', did not deidare the law or constitution liy which such seizure anil fiirt'eitnre ol' projierty was made. Wherefore these ap|icll,ants appeal from the whole of said decree of said District Cniirt III' the United States, and respectfully ])r;iy that the decree of the said District Cdiut .and the bill, .answer. )de.adimrs. evidence, .and iiroeecdinu^ in the said cause may 111' sent to the Supreme (.'ourt of the United States without delay, and that the said Siiiircinc Court will in'oceeil to he.ar the said (dnnsea new, and that the said decree of till' DiNtrict Coui'l and every jiart thereof maybe reversed and a de(a'ce made dis- niis'-iui;- said libel with costs, or such other decree as to the said Supreme Court shall ■ii'i'm just. (si^'npd) :m. p. berry, piilfd March 20, 1SS8. Solicitor foi- Apnellanh. f.mlorsed; Copy. U. No. '.).'?. 2t. fn lh(> United Slates' District Court in .and fur the District of Alaska. I'nited States r. S(diooner "Sylvia Handy." Aiijienl to the Supreme Court of the United States. In .\dniinilty. filed the i'.\n\ ilaroh, l^SS, IF. v.. Ilaydon, Ch'rk. M. 1*. ISerry, .sidicitur fur appi.dlanls. Til the Uniled Stat(>s Dislrief Court in and for Ihe District of Alaska. I'niled Slali's v. Schooner '• Sijiria llnndi/'' and Can/o. No. 9.3. — Courl in Error, li riff of Proctor. (Submitted without argument.) Par. I. 'fhat the assumption of ownership by llussia of that portion of the Pacitie 'Icoan LTcncrally known as the lichrinii's Sea was a I'alhu'y, and the transfia' of the same I" the I'nited States of America was a friuidnlent e.Kcrcise of such ownership and -iipn maey, which did not exist at the certain time of the sale and transfer of Alaska :"iil the Aleutian Islands to the said United States of America. 3? I'nr, 11. Tlint Russia Imd no control over siu-li son or waters fmm tho year 1825 uiiHl tlio claim of owncrshij) when nc^'otiatinf; for tlio sale of the mainland of tlio Continent of North America a!ul known and ri>(M)j;ni/ed as Alaska, and thrj chain of islands bearitii^ (he name of Ah-utian, with other islands of the same i^roupand certain islands within the liehrinij's Sea and the strait ojienini; and leadiiii; into the North Arctic; Ocean — is()(; and 1S(!7; that the destniction of many American shi(is in (lie said Hehrinir's Sea ami waters adjacent thereto h\ an unreroj^nized war-vessel as late as istit and JSC).") met with no |irotesl from the Uussian authorities at that time Hithin those seas (viz., the Kamsehatka or Behrintj's S(>as), ])ro|ierly the North l'aciti(! Ocean, is indisimtabh.' proof that such seas were not consi(U'red neutral waters by the Kussian Govcrnnieut. I'ar. III. That the Consross of the United States exceeded its Constitutional jwwor by the passa2;c of Laws to control waters of seas upon hypothetical lines drawn from land's end, off soundings, through open ocean, and ending on a parallel of latitude 70 marine leagues from land; that .[«aws to (;ontrol the waters beyond tho 1 marine league or 3 miles from the shore-line of each and every island, open reef of rocks, or mainland is abortive. Par. IV. That the enactment of Laws by the Legislative Power of the United States that destroys a legitimate occupation, (me of the industries of the people, is a tyrannical exercise of such power vested in that body by such jieoples, and is unconstitutional. Par. V. That the Honourable the District .ludge, by the authority of the "Organie Act providing a Civil flovernment for Alaska," passed and approved (he 17th ilny, lR8t, being expn^ssly clothed with the exclusive jurisdiction to pronounce upon the constitutionality of the l^tiw by such Organic Act, is in error by sustaining the constitu- tionality of the law whereby the United States, as ])laintilV, became entitled to a decree of forfeiture against these defendants, ajipcllants, and their property. (Signed) M. P. BEIUIY, Proclor for U'. y. Morriney, Acjent for Owner. Endorsed: C.II. 25. No. 03. In tins United States' District Court. District of Alaska. United States i\ schooner " Sylvia Handy." Brief of proctor. Piled the 2'.id March, 188«. H. E. Haydon, Clerk, il. P. Berry, Proctor. In tho United States' District Court for the District of Alaska. United States v. Schooner " Sylvia Handii," and L. N. Handy, ./. N. Handy, J. L. Carlhcut, and IV. Thomas. No. 93. — Order granting Appeal. Upon hearing and filing petition of M. P. Berry, proctor, intervening tor and in belialf of the owners of the above-named vessel and cargo through and by authority nf W. S. Morriscy, Esq., tho duly authorized agent of tho said owners, ])raying for an order allowing them to appeal this cause to the Supreme Court of the United States, and upon hearing and tiling the aflidavit of ^^'. S. ^lorrisey. the duly authorizi'd ai,'ein for claimants in the above-entitled cause, and 7io objection being raised on the ])adnf the United States, and sufficient security having been given by said claimants that they will prosecute said n])pcal to effect, and upon being fully advised in the pn^misos. it is ordered that said jjetition be gi-anted and said claimants allowed to apjM'al this cause. Done at Sitka, Alaska, this 23rd day of March, 1888. (Signed) LA FAYETTE DAWSON, District Judge. Endorsed : C. II. 20. No. 93. In the United States' District Court, District of Alaska. United States f. schooner " Sylvia Ilandv." Order granting appeal. Filial the 23rd March, 1888. II. E. Uaydon, Clerk. a? In tlio United Sfntos* Circuit Omrt in and for (lie District of Alaska. United sidles v. Srhootifr " Si/lilu llaiirlii." No. 93. — Consent that Vessel be disrliarged on Slipulntion. Tlic scliooncr " Sylvia Handy," her small boats, tackle. «])](arcl, arms, ammunition, furniture, and carj^o, consistinj^ of 1,(17!) fur-seal skins, liaviiii; been arrested on the |iinrrss issued in this cause, we consent that on (ilini^ th(> usual stipulation entered inti) iii'conlinij to the Hules of the Court to appear, abide, and perform the decree in till' sum of 12,073 dol. 2') c, and on filini; a claim and on cfimplyin;; with the Rulers of ilii' Cdurt as to the fees of the officers of Court the said schooner be discharged from c'lbtiidv and arrest. (Signed) WiriT. M. GRANT, Dated Marrh 23, 1888. Proctor for Libellant. Endorsed : 27. No. 93. In the United States' District Court, District of Alaska. I'liiled States r. s(diooncr "Sylvia Ifandy." Consent that vessel and cargo be dis- clwir^'id on stipulation. Filed the 23rd ^[arch, 1888. ][. E. llaydon, Clerk. M. r. Hcrry, proctor for owners. In tho United States' District Court in and for the District of Alaska. The United .Elates v. S-' .oner " Sylrla Ilandij" and Canjo, No. 03.— »/7/ of Exception.-: He it remembered that on the trial of this ca\ise, the same lieing the 22nd day of S(iilcinl)cr, 18S7, in the District Court of the United Stat(!s for the District of Alaska, Imidiii at Sitka, in the aforesaid district, and at the November term thereof, tlu; (idvcrnmcnt, to sustain the issue on its part, oll'ered tho following evidence to the Court, viz. : — I am .lohn C. ^fou.e, Third Lieutenant of the revenue-cutter " Rear," and I was MR'li on the 2nd September last, I was present at the seizure of tho schooner "SyivJM Jlandy" on the 2nd. We were in latitude i'll!'" 12' north, and longitude KiCr "i]', 17 miles from Cape Cheerful. Captain ll<.'aly is Commander of the " Rear," II. M.S., II. S.N. I was boarding officer, sent by Captain llealy in comjjany with .\ii'x. Wilson ; boarded the vessel and foi;nd she had forty-two seals on deck imskinned. 1 lepdrted the fact to Captnin Hi'aly, who ordered mo to seize the vessel. I n.'turned and tulil tiie captain that I had orders to seize the ves.sel. He .said he would submit, but oil protest. .Tames Carthcut wa.s in command of the vessel ; caj)tain did not state liiiW long he bad been in Rehring's Sea, but said he thought he bad a perfect right to si'.'iliiii; in the sea if he was 3 miles from shore. This was in waters from the sea navigabh^ by ves.sels of 10 or more tons burden. Tl:e schooner was tiiken to Ounalaska, the skins taken out and stored in tho • iiiViTMinent warehouse. liij Court, — There were 1,637 skins below and t2 on deck. Cross-eramined hxj Mr. Clark. The oTily authority you had for making the seizure were Captain llealy's orders ? —Yes, Sir. Ry Avhosc orders did you deliver those skins to Ounalaska? — Under Captain llealy's ordcTs, Who did you deliver them to ?— I did not deliver them myself, but have a receipt f»r tlicni. \yiio did?— The Captain. Were you in command of the vessel ? — Yes, Sir. Ill' ordered you to deliver the skins in Ounalaska ? — Yes, Sir. iiiu say you were ordered to deliver the skins in Ounalaska? — Yes, Sir; I iklivtrcd them to Captain Uealv, in Ounalaska. [05] • r 34 You stated tlioso skins wore jilncfvl in tlio Government warcliouso ?^Yci, Sir; in clinrirc ol' flip Tniti'd States' JIarslml. Wlitit was his naim-'r — Isaai- Andorson. llavo jou a receipt for tlie skins? — Yes, Sir, I liave not got it hero, but lean got it. Counsel lierc protluccs papei-s for identilleation. Witness iJcntilles tlionit Ferlirert hij ^fr, T>rUiney, Counsel statei tliat witness may eorreet anj- statement wliicli lie may have mmle during eounsel's absence fur a few minutes. AVitness states Johnson is Commissioner in Ounalaska, and tlie skins \vt>rc delivered to the Commissioner, the United States' Murshai lieiui,' absent at tlii! time. Tn the trial of ilie sealer ea«es Ca))taiii Slie])|iar(l, commander of the rcveiino- eutter '•Hush," cni,'a2<'(l in enii/.inu' iu the l!('hrinu''s Sea, testified that shonfinir ainl the luefliod of takimr seals (nirsued by --aid seized vessels tciuh'd to drive fiieiii rruiii their usual haunts and bre(>(lin^' and raisiiiu' ijrounds in JJehrinj^'s Sea, which evidence was used and considered in the trial and decision of fills cause. To Aviiich the defendants then and then* objected, tlici objection bein overrideil and the evidenee admitted. The di fendants there and then cxeeiited to ruliui,' of the Court, and tlie law, as declared by the Court, viz. : — Tills cause baviuLr been trie()n tliose j-l,.iuls, as they have been accustomed to do in tiie past. "2. 'that on the said 2nd doy of Se))tember, IsS", said vessel, her furniture, npi)arel, tackle, carL;o. and l,(')7l) fur-seiil skins were seized in said waters liy the conunandinir ollicer of tlie United States' revenue cutter 'Hear,' then and tiierc cugaji;e(l in tiie llevenne Marine S<'rviec of tlie United Stales. " ;i. 'I'hat said comniandiiii; ollicer was duly Cv niinissioiied by tiie President of the United Slates, and made such seizure under tlie direction and iiy the autiiorily of the Treasury Dcpr tnunt of the United States. " f. Tiiat .sai property so seized was delivered by said eommandint; ofllci'v of niled States' Marshal of the District of jS'aska, and is now witiiin lis Court.' of law, l!ie Cinirt finds that tlie plaintiff is entitled to a decree of id Vessel, Ih'i- l:ick!e, appai'el, furniture, cargo, and tiie said 1 ilT'J said cutler to tlie the jurisdiction tj As conciu-ii forfeiture against fur-seal skins. (Signed) LA FAYETTE DAAVSON, District Jiiihji' Endorsed: J>. No. [:?>. In the United States' District Court in and for tin' District of Ala-ka. United Slates e. schooner " Sylvia Ilandv." Hill of Exceptions. Filed 2:51(1 .March, lSs<. n. K. J|ayd(ni, Clerk. In the I'nited States' District Court, District of Alaska. United States v. Schooner " Sijlvia Handi/." Xo. m.— StiptihiUnn. It is l.ereby stipulated by and between W. if. Grant, United States' District Attorney, acting fm- and ou belialt of the United States ; ami M. J' Berry, proctor tor 98 W. S. Morrispy, duly nnpolntod and constitulcMl a'^'riit fm- flu- ownor-, lli.'il {h^ [dlldwiii'^' sIkiII 1h' omittnl frcmi the Iraiiscript In rriiiito !iniir\i'(l, uaincly : — All llic cxhiliits relV'rrt'd to in tiic tcstinidiiy ol'.i. < '. Mdor.'. (.Sit'iicd) ■Will'!''. .M. (JIIA.NT, r„!liil Sliile.i' Di.sfiln .llliii ii'ih Aijrnt Jur (Jini'i.'-. IjidniNrd : 2'.). No. 'X). in tlic IJnilcd Slalrs' D'liict ('(.ml in iiiul lor tlio Di^tiicl of Alaska. I'niti'd Stads r. schooner " Svlvia Jlandy." Siipulatioii. J'ilcd tiic 2;ird Marcli, ISSS. J|. i;. llaydon, Clerk. In tbo United States' District Court in and loi ijic l)i>trict i.l' Alaska. In the Matter of the United Sliilin V. !;n'ei, sinull Ijouls, arms, nni.iiunition, and car^o, consistinsj of \, same ho ;i|i|ir i\i'd, iMid whereujioii the Courf issued llie I'ollovvinL: order, to wit : Tlie .sti]nilali of the claimants hei'eiu with sulileieut sin-ety havinir he mi tiled 1111(1 .'i|i]iroved, it i- ordere(l that IIk* aljove-nanieil vessid and all her tackle, a]>|iarid, luniiinre, arms, amniunition, and carLro, consistiiiLf ol' 1,(17^ fur-seal skins, rec( ived in this jual hy the I'niied Slates' .Marshal for the District of Alaska, lie reh'ased, .•ind that the same ho delivered to William .S. Morriscy, l';sij., Attorney-in-fact for the tdaimants lien ill. (Signed) LA r.VYLTTE DAAVSOX, March 23, 1888. ' District Judijt, Kndorsed : 3U. Journal entry. In the United Slates' District Court, District of Alaska. In Ihr Matter of thr United Stales V. Schooiitr " Syliia y/«/u/i/."— No. !)3. Conies now !M. 1'. l$crry, imiefor for clainiai\ts in thi^ ahove-entitled cause, and li.'iys that the amended |ietilion for leave to ai)|)cal and the alUdavit ou ajipeal hereto- torc filed he considered hy th > C<; .rl. Mnrcli 2.3, lb88. luidursed : .31. Journal entry. in the United States' District Court in and for the District of Alaska. Unitrd States V. Schooner " SijUia Handy." No. O;}. — Slipulation /or Costs ijiveii hy Cldiiiiaiils on Appeal A\'l,ereas a lihel was tiled in this Court in the within cause on tlu; l.jthdayof '^'■|'''i"l"i',A.i). IS'-T, hy M. I), liall, ("niled Stales' Attorney for the District of Alaska, ■K'W^A lli(! s( hodiier " S_\ h ia Handy," her I lekle, ajiparel, funiiluro, anil caru'o, for the iinsdiis and eausijs set forth and meniioned in said lihel of information, aiul jirayint!; lluil the siunc may he condeinned and s,i;d; Aiul whereas a decree ot forfeiture was, on the 22nd day of Septemher, 1S87, Midticd aL'ain.st the s.'iid vessel, her tackle, uppand, furniture, and carf^o, and against L. N. llanilv, J. L. Daudv, Jamos L. (Jsu-theut, of San J''raneisco, California, iuter- ['.)5] ■ F 2 36 voning as the sole and only claimants to said vessel, tackle, apparel, furniture, and cargo ; And wJiorcMs the said L. X. Handy, J. L. Handy, and J. L. Cartlicut, claimants as aforesaid, are desirous of and ])ur|)ose a])i)ealiiig fi'oni tin- said Decree of this Honourable Court to the Su))r('nu! Court of tho United States: Now, therefore, we, the undersitjned stipul'itors, submittini,' ourselves to the juris- diction of this Court, do acknowledtjo ourselves to he bound unto the United States nf America, the said L. N. ITandy, J. L. Handy, and James L. Caithcut, as principals, and W. S. Jlorrisey and David Wallace, as sureties, jointly and severally, in the sum of 300 dollars lawful money of the United States, conditioned that if the claimants above named shall pay all costs and expenses which shall be awarded against them by the final decree of the Supreme Court of the United States, then this stipulation to be void; otherwise to remain in full force and effect. Witness our hands this 23rd day of March, 1888. (Signed) W. J. MORRISEY. DAVID WALLACE. United States, District of Alaska, ss. : Personally appeared before mc, H. E. Haydoii, Clerk of the United States' District Court for the District of Alaska, 'W. S. Morrisey, and David Wallace, who, being duly sworn, each for himself deposes and says that lie is a resident and householder in said district, and that he is worth the sum set forth in the foregoing stijjulation above In's just debts and liabilities and propertv (jxempt from execution. (Signed) W. S. MORRISEY. DAVID WALLACE. Sworn to and subscribed the 23rd day of March, 1888. (Signed) H. E, Haydon, Clerk, United States' District Court, (Seal United States' District Court, Alaska.) Ivndorsed: No. 1):^'. 32. In the United States' District Court in and for the District of Alaska. United States j;. schooner " Sylvia Handy." Uond for costs iin a])peal to the Su])reine Court oftlie United States. Filed andapiiroved the 23rd March, \Sb8. II. E. Haydon, Clerk. In the United States' District Court in and for the District of Alaska. I, Henry E. Haydon, Clerk of the District Court of the United States in and tor the District of Alaska, do hereby certify that the foregoing copies of jdeadings, ])a|)i>rs, and journal entries in the cause of the United States v. the schooner " Sylvia Handy" and L. N. Handy and Co. have been by me compared with the originals thereof as the same appear on tile and of record in this Court, and that the same are full and tnio transcripts of said original pleadings, papers, and joumal entries now in my custody and control. In testimony whereof I have lu'reunto set my hand and atHxed the seal of the said Court, at Sitka, in said district, this 2nd dav of April, 1888. (Signed) HENRY E. HAYDON, Clerk. (Seal United States' District Court, Alaska.) ■Endorsed on cover : Alaska D. C. U. S. No. 08'?. The schooner " Sylvia Uaiidy," her tackle, apparel, &c.; L. N. Handy, ,fam(>s Cartiieut, .1. X. Handy, and William Thomas, owners, appellants, v. the United States. Eilcd the HJth .lutu-, 1888. No. 18. Hir J. Pauncefote to the Marquin of Salisbui'!/, — (livceived December 27.) My Lord, IViishiiiijton, Drcvmbcr It), 1*^(10. IN the lust paingraiiii of your J.oii'siiip's despatch ol the 2'Jn(l October I «n^ instructed to read that des|ratch to the Secretary of State, it he should revert to the subject 37 iraiture, anil of 'lis note to nic of the 19th July, hut your Lonlsliip added tiiat you did not consider the controversy which it raised of suflicient importance to require any connnunication on my part unless Mr. Blaine should refer specially to it. Altliou£;h he lias not done so, I ohscrved that the suhject was advcrled to in an article in the " New York ']'rii)une," |>urp(irlini; to j;ive some information as to the further correspondence on the lJelirint;'s Sea (|uesti()n, wiiieli, as announced in the President's Mc»s;ii;c, will shortly he presented to Coni:re~s. Ill these circumstances, I thouu;iit it (lesiral)lc to communicate a copy of yo'ir Lordship's (lespiitch to the Secretary of State, in order that it miLiht he included in the further correspondence about to he puhli^iicd, and I called on Mr. lilaine on the 11th instant and placed a cojiy of the des|)atch in his hands, explaining that I did so in consequence of ilic article which had ajipearcd in the " New York Tribune." I iiave, kc. (Sij^ncd) JULIAN PAUNCEFOTE. s(-al of the saiil No. 19, Sir J. Pauncefote to the Marquis of Salisbury. — {Rcceired December 30.) Washinijto)!, Docemher IP, 1890. Iierewith a printed cony of a note which I received My I.ord, 1 HAVE the honour to transmit on the 17tli instant from the Sccreiaiy of State. It contains the leply of the United States' fiovernment to your Lordship's despatch ot the 2nd August last, offcrinc; on behalf of Her Majesty's Government to submit to iirhitration the question of the legality of Ilie rocent seizures of British sealing-vessels in the Bcliring's Sea by United States' rin'enuc crui/.ers. The voluminous character ol' this nite precludes any attempt to give even a brief abstract of its contents within the litnits of a despatch. Its main feaUirc, howevii', is that while the United States' Government decline to Hiliinit to arbitration the real (picstion in controversy, namely, the legality of the seizures of British vessels in the Bchring's Sea outside of territorial waters, they express their williiiLTiKss to submit to arbitration certain bislorieal and political (juestions which, in my liuiiililc opinion, would raise false issues, however pertinent they may he as supplying iimterials tor ari:unu;it in sipport of the Am';rican contention. For, even if all those ijucstioiis were decided in favour i,l the llnitcd States, it would not follow that the seizures were justilied, or that the claim of I'le United States to the control of any part of the I'chriiiLj's Sea outside of territorial waters could he supported by international law. 1 have, &c. (Signed) JULIAN PAUNCEFOTE. Ineliisuie in \o. 19. Mr. liliilne to Sir J. Pauncefote. >ir, l',parliiiejil of State, iVashinfitnn, Dnrmlirr 17, 1800. V( )ril note of the 12lh Aiit;usl, wliic!i I aeknowleilired on the 1st Septeniher, inclosed a cnpy ol a de^pateli from the .Manjuis ol' Salisbury, dated the lind August, in re[)ly to my note of Ihe JiOih Jnnc. The eoiisideratioM advanced by his Lordship have received the careful attention of the I'lcsident, and I am instriicied to insist upon the correctness and validity of the position ttliich has been earnestly advocated by the Government of the United States in defence ol American rights in the Behring's Sea. Le'.:al and dqdomatie questions, apparently complicated, are often found, after pro- lunged discussion, to depend on the settlement of a single point. S'.ich, in the jud','ment of tile President, is the position in wliieh the United States and (Jreat Uritain find thein- K'lves in the pending controversy touching tiie true construction of the Kiisso-.Ameriean and \iii;lii- Russian Treaties of 1H-2-) and 1825. Great Britain coiiiouds I hat the phrase " Paciiic Ocean." as used in the Treaties, was intended to include, and does include, the body of «ater which is now known as the Behring's Sea. 'I'lie United States contends that the Hiliniig's Sea was not mentioned, or even referred to. in either Treity, and was in no sense iiicKidcd in the jihrase " Pacific Ocean.'' If (ireat Biilaiii can laintam her position that the IVhriiig's Sea at Ihe lime of the Tre.ilie- with M.iissiaof |SJ4 and 1^2."i was iiKlmied in the I'acitie Ocean, the Governmeiit ol l!;e United Slates has no well-grounded coinpl.iiiil, ii:'ain>; her. If, (m the other hand, this (iuvermiieiit e..n \noyi- beyond all doubt that the litliriiiij's Sva, at the date of the Treaties, was undcrsluud by the lluec Signatory Powers to 38 be a separate body of water, and was not included in the plirase " Pacific Ocean," then the Ameiici\ii rase ncainst (Jicat liiitain in complete and undeniable. The (li>p;ite prominently involves the nu'aniii!^ of the ])lir.i.i->. "north-west coast," or "north-west coast of America." L'lid Sal! bury assumes that the " north-west co;ist'' lins but one mcaniiiL', and that it includes the whole coast stretching northward to tlu; I?ehrin?;'s Straits. The contention of this Ciovernment is that by loni; prescription tlie "north-west coast" means the coa-tof the Paeitie Ocean, south of the Alaskan I'eniiisuhi, or so'ith of the GOtli parallel of noilh lalitudo; or, to d<'line it siill uunv aeeuratciv, the coast, from the nortl'.ern border of the Spanish possession-:, ceded to the United States in 1819, to the point where the Spanish claims met the claims of Russia, vi/., from -42" to 00° north hititude. The Russian authorities for a lon^; time assumed that .OiP .'50' was the exact point of latitude, but suhsefpient adjustments fixed it at 00"". 'I'he phrase "north- west coast," or '• north-west coast of Atnerica," has been well known and widely recoj.^nizcd iri [lopular usage in iMifjIand and Americ.i from the date of the first trading to that coast, about 1 i8i.* So absolute has been this [jrescription that the distinguished historian Hubert Howe i5ancroit has written an aeeuiate historv of the north-we.^t coat, which at (iilferent times, during a ])erio 1 of seventy-live year:-, was the scene ol important contests between at least lour (Jreat Powers. 'J'o render the nnderstaii'ling explicit, Mr, Hancroft has illuatrated the north-west coast by a carelidly prepared .Map. 'J'lie Map will be foiinil to inchule precisely the area whicli has been steadily maintained by this (iovernutent in the jieiiding direnssion. (For ^lap, see opposite l>nge.) The phrase " north-west coast of America " has not infrtcpiently been used simply as the synonym i.'( the "north-west coast,'' but it iias also been used in another sense as inchuling the Ameiiean coast of the Russian possessions us far northward as the Straits of Behrim:. Confusion has sometimes ari-en in the use of the piiraso " north-west coast of .■\meiiea,'M)ut the true ineninnu- tan always be determined by reference to the context. The Treaty betuctn the United iv't'ites and Russia was conehuled on the I7tli .April, 1S:'24, and that hetueen Griat Ihitain and Russia was conehuled on th .■ JlStli I'Vbruary, [&lj. The full and aecurate text of both 'I'realies will he found in hu ' nure (A). The Treaty between tlu; United Statics and Russia is fir.^t in the order of time, iiut 1 shall consider both Treaties together. I (juote the first ;\rti(des of each Treaty, for, to all intents and purposes, they are identical in meaning, though dilfering somewhat in phrase. The Jst Article in the American Treaty if as follows : — "Article I. It is agrfcd tli.l, in any ])art of the Great Ocean, conmionly called the Pacific Oncan or the South Sea, the respective eilizcns or subjects of the High Contracting Powers whall he neither disturbed nr.r restrained, either in navigation or in fishing, or in the power of resorting to the coasts, n|)on points which may not already have been ()ccn|)!ed, for the purpose of trading with the natives, saving always the restrictions and conditions determined by the following Articles." 'J"he 1st Article in the liritisli Treaty is as follows : — ■ " Article I. It is agreed that the respective siilijeets of the High Contracting Parties shall not be troubled or molested, in any part of the ocean, commonlv called the Pacific Ocean, cither in navigating the same, in tisliing therein, or in landing at such parts of the coast as shall not have been already oecunicd, in order to trade with the natives, under the restrictions specified in the following Articles." Lord Salisbury contends that — " Tlic Rtissiiiti diivrrnmoit liiid no Idea of any ttislincl'ion lirtwvcn Tichriuij's Sea and the Pailjic Oreiiii, irliirli bitter llirj/ considrird iix rvarhimj aoulhward from lielirinifs- Strcilx. Nor throughout the whole of the suksecjuent correspondence is there any reference what- ever on cither side to any distinctive nane' for Ihliring's Sen, nv any intiiuation thai it could be considered otherwise than as forming an integral part of the Pacific Ocean." The Government of the United States cordially ngiees with Lord Salisbury's slate- nieiit that throughijiit the whole correspondence coiniected with the Cormatioii m the Treaties there was no lefeidice whatevu' by eili;e' .side to any distinctive nam for Hebriiig's Sei', and lor the very sim[ile reappii which 1 have alreuly indicated, that the negotiation had no relereiico whatever to the Hehring's Sen, but was entirely confined tea • 1 lij mine (Icsigiialion ilii.nined in Ciin.i". An culy n« 1803, in a Mip pulilishi'.l by tlic (iio(,'rii|iliic Instiluii' :a Wriiiuir, the coast froiii Columbia Hiver (49 ) 'v> Capo I'limbcili (CO') is itosiiihiitcil 113 tlio"iVW Weil Kiule" j Jj- 80 "stilp of land'' on the noitli-uest coast ai'.d the waters of tlio Pacific Ocean adjacent thereto. For future reference 1 call special attention to the phrase "strip of land," 1 venture to remind Lord Salisbury of tiie fact that I'eliring's Sen was, at tiie time icfiru il to, the recognized name in some quarters, and so ajjiiearcd on nianv autiientic Maps several years hefore the Trcalics were neijotiated. But, as I mentioned in my no(e of liiu .'Utili June, the same Rca had been j)resented as n body of viater sej)arate from the I'ucitic Ocean f(.r a loni: period jirior to 1825. Many names had been ap|)iied to it, hut the (iiie most fix(|uently used and must widely rv''CO>>nized was the Sea oi' Kamschatka. Kiii;Ii'-h state smen of the period when the Treaties were negotiated had complete know- K(li.'e of nil tlir Ideographical |)oints involved. Tiiey knew that on (he Alap published in IT""! to illustrate the voyages of the most eminent English navigator of the eii;hteenth ceiitiirv ilie " Seu of Kamschatka '' appeared in absolute coiitradistietion to the '' (ireat, Soiiili Sea " or the Pacific Ocean. And the Map, as shown by the words on its margin, «ii> "prepared by Lieutenant Ilenrv l<(jberts under the iinniediate inspection of Captain Cook." Twenty years before faptnin Cook's .Ma[) appeared, the "London Mnga/ine" contained a Map (in which the Sea of Kam-eliatk.i was conspicuously engraved. At a still earlier {late— even as far back as ]7''2 — (ivo>def, .Surveyor of the Russian expedition of .SJipc-takolF ill 17;ll) (who, even before I'dirintr, siiilited the land r;f the American continent), published the >ea as bearing the name of Kamschatka. JNluller, who was Historian and Geographer of th? second expedition of Belning in 1741, designated it as the Seu of Kamschatka in his .Map published in IT'Jl. I inclose a list of a lar^e proportion of the most authentic .Maps published during the ninely years jirior to 1">25 inOrcat Britain, in the United States, the .Xellierlands, Fiance, .^|)aiii, (icrmany, and Russia — in all 10.5 .Maps — on cvi-nj nv.i' nf irhich the body of water now known as Behring's Sea was plainly distinunished bv a name separate from (he Pacilie Ocean. On the great majority it is named the Sea of Kamschatka, a few use the name of lleliriiig, while several other desigi.ations are used, 'i he whole number, aggietrat'ng, as they did, the opinion of a large part of the civilized woild, distinguished the sea, no matter uiulii' what name, as altogether separate from the Pacific Orean. (Sec Inclosurc B.) Is it possible, that with this great cloud of witnesses before the eyes of Mr. Adams ami Mr. (;c(n'ge ( auning, attestimr the existence of the Sea of Kamschatka, they would simply include it in the ])lirnse " Pacific Ocean," and make no allusicm whatever to it as a ^cpaiatc sta, when it was known by almost every educated man in Kuropc and America to have been so dc.^iunated nuinbeiltss times? Is it jiossible tli.it Mr. Canidng and Mr. Adams, both educated in the common law, cdidd believe that they were ac(piiriug hr the Initcd States mid (ireat Britain the enormous rights inherent in the Sea of Kams-ciiatka without the slii/htest rctcrence to that sea, or without any description of its metes and bounrls, when neither ot them would have paid (or a village house lot unless the deed liir it should recite every fact and feature ncccs'-ary for the identification of the lot iisiiiist any other piece of ground on the smiace of the plobe ? When we contemplate the iiiimile |i:irticularitv, tiie tedious verbiage, the duplications ami the red :plicatioiis emplnyed to secure unmi>l.ikablc plainness in framing 'i'reatics, it is impossible to eoPici'ive' that a fact ot this great mai;nitude could have been omitted I'rom tl'.e instructions written liy Mr, Adams and Mr. ('•. Caniiiii:r as Secietaries for foreign A flairs in their nspeclive uniiitries- impossible (hat such a fact could have escaped the U'lticc of .Mr. Middleton iuid CiMiiit .\(sselrode, of Mr. .'^tratlord C'ainiing and .M. Poletiea, who were the negotiators of lh( two Treaties. It is impossible that, in the Anglo-Hussiau Tieatv, C'oMit JSessehode, Mr. .Stiatfoid Caninng, aiid .M. I'oletiea could have taken sixteen lines to recite the titles awl honours thcv had receive I from their respective Sovereigns, and not even sviLgc.-t the inarliou ol one line, or even word, to secure so valuable a grant to England as the Itdl Ircedoiii ot' the Behring's Sea. There is another argument of great weight against the assumption of Lord Salisbury tliat the phrase "Pacilie Ocean," as used in the ht Article of both the American and l'rili«li Treaties, w;is intended to include the wateis of the Behring'.s Sen, It is true that, ly llic Treaties with the United States anel (ireat Britain, liussia practically withdrew the "I'eralioa of the Ukase of IS'Jl (iom tin ite'rs of the norlli-west co.ist on the P.ieific "ee;in ; but the proof is concUisive that it wa- left in lull (ore eivcr the vaters of the l'^liiin;;'s Sea. I.e.rd Salisbury cannot have ascertained the value ed' the Behring's Sea to Hussia when he assumed that, in the I'ri'aties of 18'.il and ISi^fi, the lm|)crial (ie)vermncnt li'i*), liy mere inclusion in another jdiruse', with apparent e;ar'.'lessness, thrown open all the resources and nil tiie wenltli of those waters lo the citizens of the United States and to the subjects of (!reat ]?i'itnin. Lord S;ilisbiiry Ikip, perhaps, not thought it worth while to make any examination of the money value of Alaska and the waters of the Mehrinii's Sea at the time the Treaties were nesiotiatcd and in the sneceedina; years. The first period of the llussian- American Company's operations had closed before the Ukase of 1812 1 was issued. Its affiiirs were kept secret lor a Ion;; linic, but are now aceunitely known. The money advanced lor the capital stock of the Company at its openini,' in 17!)!) amounted lo 1,L'3^*,7'1() roubles. The !i;ross sales of fiu's and skins by the Companv at Kodiidx and Canton from that date up to 1820 amounted to 20,0.."4,G!)''< roubles. The net ])rofit was T.liS.O.OOO roubles for the twenty-one years — over 020 per cent, for the whole period, or nearly 30 per cent, per annum. Reviewing these facts, liancroft, in liis " Ilistoi y of Alaska," a standard work of exhaustive research, says : — • '■■ We find this powerful monopoly firmly established in tlic favour of the Imperial Government, many Nobles of liigb rank and several members of the Royal Family bcins; anionir the shareholders." And yet Lord Salisbury evidently Ruppo=cs that a large amount of wealth was care- lessly thrown away by the Royal Family, the Nobles, the courtiers, the capitalists, and the speculators of St. I'ctersbunrh in a ])hrase which meriied the Hehring's Sea in the Pacitic Ocean. T!)at it was not thrown away is shown by the transactions of the Company for the next twenty years. The second period of tiie Russian-American Company bei;an in 1821 and ended in 1841. Within that time the gross revenues of the Company exceeded 61 ,000,000 ronbles. Resides paying all expenses and all taxes, the Company largely increased the original capital, and divided 8,,^)00,000 roubles among the shareholders. 'I'hese dividends and the increase of the stock showed a prolit on the original ca|)ital of 55 per cent, per annum lor the wholt! twenty years — a great increase over the first (leriod. It must not be forgotten that, during sixteen of these twenty years of constiintly i .creasing profits, the Treaties which, according to J.,ord Salisbury, gave to Great fJritain and the United States equal rights with llussia in the Hidu'iiig's Sea, were in full force. 'J'he proceedings which took place when the second period of the Russian Anitrican Company was at an end aie thus described in Bancroft's " History of Alaska": — " ' In the variety and extent of its o|)erations,' declaie the inendicrs of the Imperial Council, ' no other Company can comi)arc with it. In addition to a comnicrciiil and iu(lu>trial monopoly, the Government has invested it with a portion of its own powers in governing the vast and distiint territory over which it now holds control. A change in this system would now be of doubtful benefit. To open our ports to all hunters promi.f cuoiisli/ rrould be a (lenlli-hloir lo the fur trade, while the Governnicnt, having translcrrcd to the Company the control of the Colonies, could not now resume it without great expense and trouble, and would have to create new financial resources for such a purpose.'" The Imperial Council, it will be seen, did not hesitate to call the llussian-Americin Company a monopolij, which it could not have been if Lord Salisbury's construction of the Treaty was correct. Nor did the Council feel any doubt that to ojieu the ports of the Behring's Sea " to all hunters promiscuously would be a death-blow to the fur trade." Bancroft says further : — ..." This opinion of the Imperial Council, together with a Charter defining the privileges and duties of the Company, was delivered to the Czar, and received his signature on the 11th October, 1814. Tlic new Charter did not difler in its main features from that of 1821, though the boundary was, of course, changed in accordance with the luiglish and American Treaties. None of the Comjiany's rights were curtailed, and the addiiioii;il privileges were granted of trading with certain ports in China and of 8hip|)ing tea direct from C;hina to St. I'etersburgh." 'i'he RuBsinn-American Company was thus chartered for a third period of twenty yearn, and at the end of the time it was found that the gross receij)ts amounted to 75,770,000 roubles, a minor pun of it from the tea trade. The expenses of ndministiation were very large. 'J'he shnreholders received dividends to the amount of 10,210,000 roubles — ebout 90(> JUT cent, for the whole |)criod, or 4.5 per cent, per annum on the original capital. At the time th; third period closed, in 18G2, the Russian Government saw an 41 itcs and to the ndard work of opportunity to sell Alaska, v.nd refused to continue the Charter of the Company. Agents (if tlif I'liid-'d St;)ies hiid iniliali.'d nugotiritions for llic tiansfer ufAl.i.skM iis early as 1859. "" " ■' :;, jinu'licajly, however, to exercise its iiioii()|)(dy until l^^G"; when 'I'lip (.'oiiipany '.•oiilinuei;, jinicucaiiy, n( . Alaska was sold !?y I'ussia to the United States. The enonnoiis prorits of the Russian AiM'iican C'oiujjany in the fur trade of the JJchrinj^'s Sea continued under the Russian flag lor hiore than foity years after the 'i'reaties of 1821 and 182"( had heen concluded. And yt't Lord f^'alishury contends that durini; this loiij; iieiiod of exceptional profits from the I'lir Hade Creaf l?rilain and li.e I'nitcd States had as |;ood a right as Russia to take part in these hi^lily lucrative ventuiv.-. American and Mii^iisli ships in goodly niiinliers duriiiLf this whole period annually viv! i! and traded on the nortii-west coast on the Pacific Ocean. And yet, of all these vcshLs oI the United States anil CJreat 15ritai;i, not one ever sought to distiu'h the fur fis;:i lies (i! the Helning's f!ea or along its coasts, either (jf thi> ecntinent or of the islands. .S(/ tar as known, it is helieved that neither American nor Enidish ships ever attempted to Uiki' one fur-sial at the Prihyloil' Islands or in the open wateis of the Behring's Sea during !li;^t period. The lOO-mile limit was for the preservation ol all tlicRe fur animals, and tills iiiiii; v.a-; oijserved for that purpose hy all the maritime nations that sent vessels to the Behiing waters. Can any one helieve it to he possible tl.at the maritime, adventurous, gain-loving people of the I'nited States and of Great liritaiii could have had .such an inviting field n|irn to them forty Ntais and yet not one ship of either nation enter the Rehring's Sea to ci)i:ipete with the Kussian-Aiiieriean Company for the inordinate profits which had llov.id so steadilv and for so long a period into their treasury from the fui trade r The fici that the ship;, of hoth nations refrained, during that long period, from taking a single fur-seal inside the shore- of that sea is a [iresuniptioii of liieir lack of right and their recognized disahilify so strong tliat, independently of all other arguments, it requires the liiii-i authentit; and coiivinciiiijc evidence to rehut it. 'J'liat Knglish ships did not enter the Bering's Sea to take part in the catching id' s(;als is not all that can he said. Her ;ii'i|uiv-cence in luissia's power over the seal tisheries was so complete 'hut during the liiily \ears ol iiussia's supremacy in the liiiiring's Sea (.that followed the Treaties of l>^"J-i-:ir)) it is not helieved that (jreat Rritain even inadi' a protest, verhal or written, iigaiiist what IJancrotl deserihes as the " Russian monopoly." A certain degree of confusion and disorganization in tiie form of the government that liiiil xi.-ted in Alaska was the inevitahle accoin])aiiiment of the transfer of sovereignty to t!,e I'nited States. The Aineiican title was not made complete until the money, specified a.s the price in the Treaty, had heen appri)|ni.ited hy Congress and paid to the Russian iJiiiister hy the Executive D.partnient of the (Government ol' the United States. This w;i> ell'ected in the k;tler lialf of the year i8iJ8. Tlie acquired sovereignty of Alaska luriied with it hy i'realy "all ihe rights, franchises, and privileges" wliich had helouged to Ru.-,-ia. .\ little more than a year afier the ae()uisitioii, the United States transferred cuitain rights to the Alaska Commercial Com|)any over the seal fisheries of liehring's Sea le.: a p;.Tiod ol twenty years, uussia had given tlie same rights (besides rights of still l;;-ir scope) tu the Rusbian-Ameriean Company for three periods of twenty years each, wiiliout a protest iroin tiie Dritish tjovernnienl, without a single interference from British -i:i|is. For ihcbC leasuns this Government again insists that Great Britain and the United •'luto ucognized, respected, and obeyed the authority of Russia in the He ii ring's Sea; and 'iM It i'ur II. ore than loity years af'tiT the 'i'lealies with Russia were negotiated. It still iv:,:;mis for Engl.ind to exjilain v.hy she [lersistcntly violates tiie same rights when truns- leiiLU to tiie ownership of the United States. The llnd Article of the Aineriean Treaty is as follows : — "Article 11. With a view of preventing the rights of navigation and of fishing cxer- visiil upon the Great Ocean hy the citizens and subjects of the lliudi Contracting Powers lidin becoming the pretext for an illicit trade, it is agreed that the citizens of the United Sti'.ic's shall not resort to any |)oint where there is a Russian establishment, without the pirnbsion of the Governor or Commander: and that, reei|)roeally, the subjects of iuisMa .-liall not resort, without permission, to any establishment of the United States '.i|iiiii the north-west coast." I lie llnd .Article of the British Treaty is as follows: — " Article 11. In order to prevent the right of luivigaliun a:ul lishing, exercised upon the oceae by the subjects of the High Contracting Parties, from becoming the [O^-J G 42 pretext lor an illicit commcicc. it is aurocd tliat llie suljjects of ills liritannic Maji'stv sliail nut hiiul at anv plaoi' whirc tlun^ nmy lie a Russian cstalilisliini'iit, witlinut till' in'riiii.-siciM ol' tlic (Jnv. I'lUM' ()i' ('ouinianilaiit ; and, on the other lianl.tlic Kussi;ii) snlijwts shall not hiiiil. witlionl jiirinission, at any llriiish istnblisliinent on the noith-wt'st coast.' Jn the llnd Arlicics ot' the Treaties it is rccoiyiiizcd tliat both the United States and Great ISritain have estahlislunents on the " north-west coast," aiui, as neither eonnirv ever elaiined any teriitory north ol tiie (i(itli jiarallel of iatitiKJc, wc ii(cts>aiily have the niea.iini,' of the north-west coast si:;niHeanlly di'finci' in oxacl accordance ^vitl\ the American contention. An ari;nine!it, aUo^clJier iiistorieal in its eliavactcr. is .li'jrreat and, I think, conclusive force fondling this (niestion. It wili lie nnicinhcrcd that the Tre.ity of the 20tli OctoliiT, 1818, between the United Stales and (ircat I'iritain, conipri.-cd a variety of topics, anu.'iii; others, in Article III, thi' following;': — " It is ajireed that any country that may be ciainicd by either party :iii the north-west coast ol' .\incriea, westward nf tlie Slouv Mountains, shall, lotccthcr ■vitli its harlionrs. h iy«, and creeks, and the navii;alion of all rivers within tlu^ same, be free and open, for the term ot ten years troni the date of the signature of the present {Convention, to the vessels, citizens, and sid>jects of tlie two I'owers ; it buiuLt mulerstood that this .Vgrccnient is not to be eun- strued to the prejudice of any claim which either of the two High Contractinu' I'artics niav have to any part of the said country, nor >hall it be taken to all'ect the claims of any other Powtr or State to .uiy f.art (L''i, jjiDclainii'd his fanioiis docirine ol e\eludini;' futun^ liuiopian Colonics from this contiaciit. Its ellcct on all JMn-opcan nations htjldini.; unsettled or disputed claims to territory uasto create a desire lor prompt settlement so thai eaeii Power could be assured of its own, with- out the trouble or cost of further defending it. Great liritain was already entangled with the United States on the southern side of her claims on the noitb-west coast. Ihut Agreement she must adhere to, bui she was wholly unwilling;; to jiostpone a dclinitc lunlci- standing with Russia as to the northern limit of her clainis on the north-west const. Hiice a |)i'iinnii( t:t. Trcnty wns desired, niul in hotli Trcfitirs tlu' " f('n-vo:ir" fenturcwn^ recognized —ill liie \'lllli Article ol the Urilisli 'I'reaty and in llie IVlli Artielr of tlie .Aiiieiienn Tri.ily. Hilt neillier in llie eorrc^siKHidi'iiei' nor in liie |ic'i>oiml eont'ei-ences tlwit liioiiLilit ahiml llu' A'.'r.'eiiienI wa-; IIumv a -iiiiile liiiil ilint tJie ^cttlciiicnt was tn include any'liin:: il-r \sliatever lljan the nurlii-wesl t'd.iM on tlic I'ar.'irn.' (Jcian, south ol' the (Juth luiiallul of jiDitli laliliide. Frrlnimteiy, however, it is not, necessary lor the I'liited States to rely on this viiffj.'i.'.-'tive (lelinitioii of the nodh-west coast, or ii]>'M1 tiie hi>tor!cal fael-i above ixivcn. It is iMsv to prove from other soLnce> that in the 'Treatv hetween the llnited States and coneliisive ■ jtibsii tlic coast referred to was that wiiiidi 1 have di'lined us the " nortii-uest coast" on till' I'licitie Or'can south of 00" north latitude, or, as the Unssiaiis foi' a lon^' time tielievcd il. .')!)" .'{()'. We liave in tiic Dep utiiieiil of State the 'ai^'iiia^ of the I'rotoeols hetween our Minister at St. reter.-i)ur),di, Mr. lieiwv Mi 'dleton, and ("oiml N'e-.selrode, of Russia, wild iiei;iitiated tiie Treaty ol ]x.l\, I i|uote, as T liavi' ipioted in my note of the "iHh .lune, a .Menioi'anduin suhniilted to Count N'e-sehode liy Mr. '''liddleton as part of ti.f 111; I'Mtocol : — " Now, it is clear, accordini; to the facts estahlisiied, that iieilher llnssia nor ;iiiv iithir Kuro])ean Power has IIk^ rii;ht of dominion iii)on the i oiitincnt of .\merica liciwicii the oUtli and 'iOlii (iei,'rees ol' nortii ialitiide. ••Still less has she llie (loniinion ol' the adjacent maritime territory, or of the Kii which washes these coasts, a dominion which is only aeeesscn^y to llie territorial i!(iiiiiiiion. "'riiercfore, she has not the riiiht o( exchir.ioii or of adinis.-ion on these coasts, nor in these seas, wiiich are free seas. " The riiiht of navi>>;atniL; all the free seas hclonirs, by natural law, to every independent iiutiini, and even constitutes an essential piirt of this independence. '• The United Slates have exercised navigitiou in the seas, and commerce u|)un till' coasts ahove mentioned, trom the time of -lieir independence ; and they have a |i.iio(t liulit to this navi-.ition and to this coinnierce, -.md they can only he deprived ol it i'v their own act or hv a ('onvcntiover( ii;nty over the I\'ieitic Ocean :.- I;ii' south as the ")lst de;;ree of latitude, at which point, as .Mr. Adams reminded tlir Ku^si,■ln Minister, that ocean is 1,001) miles wide. It is also to he specially noted that .Mr. .Midilleton's (huihle reference to " the free sens'" would have no mcaninu: whatever if he. did not recoi.;nizc that freedom on certain seas had hccn restricted, lie could not have 'isnl I he phrase if lie had regarik'd all seas in that rejiion ;is " tn^e seas." In answer to my former reference to these ficts (in my note of the 30tli .lune) l.unl Salisbury makes this plea : — • •' .Mr. Iilaine states that when Mr. .Middleton declared that Russia had no rii;lit lit p\clusion on the coasts of America hetrtccn the 50th and fiOtii dei^rees of nortli hilitiidc, nor in the seas which washed those coasts, he intended to make a distiction lii'twccn jichriny's Sea and tiie I'acilic Ocean. Rut on rcli'reiiee to a .Maj) it will he seen lliiit tlu; UOth dciirce of north latitude strike.-, strainht across Hehrin^'s Sea, leaving; by far '111' liir^'cr and more iinporlant part ol' it to the south ; so that i confess it appears to me lliiit 1)V no conceivable construction of his words can Mr. Middleton he supposed to have ixrcplcd that sea from those v, liich he declared to be I'ree." llhis Lordship had examined his .Map somewhat more closely, he woiihl iiave found iiiv -talcmciit literally correct. When Mr. Middleton referred to -'the Continent of 44 AiTiprica between the 50th and GOth (Icprci's ol nortii latitiuie," it was iinpossil)le tlwt he coiilrl liav(< rcli'ired to tlie coast of Helivinii's Sea, lor tlio very simple leasnii t!i:i( till! .50tli (lemte' ol liilitiuii' is nitoiiillu'i' south ol' the 15i'liiinj;'s Sea 'I'lie lint llr.it the (')Oth paiallel "strikes slraJL'ht aernss the Hehriiii,''s Sen" has no more pei-liiicure to this {liMiissioii than if his l,i(i(l>liip had ieiiiarl':i-: and the British possessions on the Continent of America to the norlli-west." lossihic that he Ic U'lisnii tlmt 'I'lie tiut ih-.it lOVC perliiu'iirc passes liiri:iijli 11 of tilt! Nortt: loiniiiidii ii;ni.. iiiiits niid o\T. -t l)cl\V(jiii ill'' i< const on llu Ak'iitiaii cliaiii. ;i c nmap'i'u'al I) wliiit waters. Locol will (iisiH'i havf enrrisi'il 'he lime of lluir iiisly iiiadL' i'V i have (li..-criln: . J oOth iiiul tint': oast nntl in ili' tree niivi;^a!'i)ii iiaviiiiitiiiii Mill t of history,. url liiul " exercised llir litiio of Ihi'ir tion (except ih: l^el'.riiii^'s !Sta ii, loU's vnyau'e "f ,il the elo-. if in London i;iilii Hth FeljniarV; ' other in 17-7, paliy ol' I'lUs-ia, c tnkinir ot seaU 1 it was rcsuuR';! iicilt, and flia' (.' ■ssels wiiieli i ai cxjieditions li.id, that ncilhei liic '.Iran Uussia laid io Treaties. No nee solelv to the ply the •' Pacitic Itatc Papers, is i rth-wcst shall be Prince of Wdc^ K-ii the l.'UstiaKi diall ascend to lie e continent wl.re point the liiK' ol o the coast, as lar ■ same meridian) ; tile 141sl de;:icv;. .veeii the Rii--!:!'- st." SFrT'ON 0' « "Kikri" (HAkT 01 iHf WORIB ^fTTTX! TTRTmrs II ' r-FTTTTT jA-Ei 'n rtn.uaij^rn ■^-rj? ErlrTr-ETTr^HErrr V, JZ) Xr-i^r'^ T V> -^ ;„v >^ ♦ I — ( f ... •'' ^ y^ ..-•^ --^'f ■A J.V" C^- «-fi. .V ..._./ V 'Si - A w J » i-L ■■V ■ ' f 0' K -Vkry f»^^<' .ii t-f «;iKi:!, ! nvr sini, nu ttiHrfisi. \k 1^ • ■1 *7 •"■*-- V»'-^.-.v«-*' V II ^^; Ij ;< <- (1 « I ■I A r A i"u. •^\ ^ (VJI ' ^ k^i^ /r ^ft'Nt. SfA i -^ .M^'- i^^r -i— - ji • ";»"« :^i-.EL-iLtaaa3r^^^n.rxja33JLijd_EaJ3ie:E^i:i3:EL4^^ t ■-■ fiFi.-M-ti y- !-i It will be oil Americ.i mirl tiic to tlic northeiT \v IneriNiclus that west loiij^itudL'. i directly Dortliwar rifcrciice to \m\ coiiiitiy'), Init sill What iiioi'e line itself r _ It c to liip Uussian ii( "Here is ill to tlu' (iOth (les;r( oiii-i -10'. Fi'oii we will a^^i'ec U) As to the body o loiii;itii(le, we lui 110 Settlc'.nents with your (jover tion ol'thc 141st ii'rntury shall be And it was Article IV c " With rcfci ■jnderstdod : "1. Tluit tl '• -2. 'I'hat w to the coast, Iroir (Icsrce of west In frail the ocean, ( k'ldiig to Hiissia of the coast, an fnmi.'" The evident along the line i Article III. It]) never be more tl The Vth Ai " It is, iiior Piirtics within th other. (Ajnseqr coast iir ii|ion 'h sessions, as desi luciit shall bo fu The ..,; ■ i the limits assii^u quently, the I II mitiitions hetwe williin the limits ■Ihe Vlth I " it is uiuli Ihey may arrive, enjoy Ihe right ami streams wl dt'inareatioii ujj ventioii." The iiieaiiii aniviiii; from tli aulin" frcelv all 45 If will be ohsc'i'vcd thaf this Ai'ticle ox|ilic:itly delimits tliu houiKiiiry ix'tw. en Bi'ifisli A'liciic.i .■md tlic Russian possessions. 'I'iiis deliiiiiliitioii is in tniiuilf deUii! (Voni ,')4° -40' loil.v northerr tcrininn'^ (if tlic cdiisI known iis the '.mi tli-we>t (O.i^t. ^^ iea (lie litiuiula y- Ino re.'iclii's tiiat point (ojiposite (Vf north !;ititiidc) ■.vliere it intei'>t'cts llie 1-ilst d>'i:ix'e of west lonf,'itude. all ))aitieuliirily ol' descriplion ceases. From that p(,;iil it is projieted dirccily noi'tiiwanl lor (iOO or 701) iniie.i uiihoiit any rcrereiic:! fo coa^t-hnc, without any reference to points of chscovcry or oc('iij)ati()ii (for there were lioin' in that interior country), hut simply on a lonu:itii(linal line as tiir nortli as the Frozen or .\retic Ocean. What more stril mifrlit be said, hciiind it — lay the lirilisii possessions. To siiut out the inhal)itants oi Ihi; liritish ]iossessions from the sea l)y {hiAstri/iof hind, would have been not only tnneasoiiablc, but intolerable to (Jreat l?ritain. Knssia promjitly conceded the privilege, and ^ivu to Great Uritain the lifjht of naviLratin;; ail riveis crossinj^ that strip of land from 'il''' 40' Ui the point of intersection with the 11 Isl decree ol lonudtude. Without ihis concession the Treaty could not. have been made. 1 do not understand that Lord Salisbury dissents ivn-.n this obvious construction of the V'lth .\rticle, for in liis despatch he says that the Article bas a " restricted hearins?," and refers only to " the line of const descnhed in Aiticle 111 " (the italics arc his o'vn), and the only line of cocist described in .Articl.; HI is the .,;i*' from .'jI'' 40' to G0\ 'i'here is no description ot the coast above that point stretching ■-.: ■ the Hchrin^'s Sea from latitude 00^ to the .Stiails of Hehrin^. The VI 1th Article of the Anglo-Kussian Treaty, whose provisions have led to i,:c principal contention between the United States and (jreat Britain, is as follows : — " It is also luiderstood that for the space of ten years from the sii^natme of tht present Convention the vessels of t'le two Powers, or those belonging,' t(, their respi-tlivo subjects, shall mutually he at liberty to freiinent, without any hindrance whatever, ali the inland seas, the gulfs, havens, and creeks on the coast mentioned in Article 111, for the purposes of fishing and of trading with the natives." In the judginciit of the President the meaning of this .Article is altogether pliiia and clear. It ])rovides that for the space of ten years the vessids of the two Powers should mutuulbj be nt liberty to frecpierit all the inland seas, &c., "on the roast invittiitnd in Article UI. for the purpose tf fixhincj • tfadict the ( :;ic.d cnnnectio . .,-tt out of th( with the plain preceding part oi These five I c.V|ir(ssed with a bte- part oi' niv cliili, .rated the ti ■vns ciiiployed in iulween the two liic I'liited Statei N-I.'i. During t '\'iiiiim ill her n Whiit was it ? It is Old)' I prove that Itsx ;■ flf the Bi-itish r follows ;• - A '.oil! tlie c.;i,.ei) ( i ■'lent upon i.i o' ui' !'>' ..f l>v Russian sul: " Article 1 hviin the signat 111 llicir cili/eii whatever, the i llif preceding coimlrv." '.)' It is curious to note the embarrassing intricacies ol his Lordship's language uiul lln' erroneous assumption upon which his argument is based. He admits that the priviletii- granted in the \ Ith .Article to the subjects of Great Britain ar(! limiteil to "tliecoa-i descrihed in Article III ol the Treaty." But when he reaches tin; \Tltli Article, wluii' the privileges granted are limited to "the coast mentioned in '"licle III of the Tluiity,' his Lordship maintains tbr.t the two references do not mean • same (ous' at all. Tlic' ro((.sV f/('.s;Ti7(('f/ in Articl' ID and the roast mrntioneil in Arti. I I 'i are, llicrei'ure, in his Lordship's judgment, entirely ditleieiit. The " con>it desniliril in Article <:l is liiiiitcil, ho admits, by the inteisection of the luiiindary-line with the I4!st (Lgree of loiigiludr, out the "coast mentioned in Article 111" stretches to the Straits of liehring. The llird Article is, indeed, a very pliun one, and its U'cnu'iig cannot be oliseni'ed. Observe that the " line of di'inarcation " is between the |)ossessi()ns of both parties on tht const of the continent. Great Britain had no jiossessions on the coast-line above the jioint of junction with the 141st degree, nor hud she any Settlements above 00° north latitiuli'. 'South of 'iO" north latitude was the only place where Great Britain had possessions on tli'' L^^:-'. Till' puMtnhle closes by sayini; that the; line of (ieinarcation l^etwcen the possessions on the coast "shall ho drawn in the manner lollowinir," viz.: From I'rincc of Wales jiliiiul, in .')4" 40', alon;; I'orthmd f'iiannel and the summit of the mountains |)arallel to tiic coiist (1.1 far n.t Ihtir Inlersfction iril/i the I4lnf ilci/rci' of Iriwjiludc. After having ihfcrihril this line of demarcation between the possessions of both parties on the coast, the rcniainiii!; sentence of the Article shows that, " iinally, from the said point of intersection, til'.' said meridisui-line .... shall lorm tin' limit between the Russian and British po-s-esyions on the Cniitinnit of Amencii." South of the point of intersection the Article (lo«ciih(s ;'. //'«(- 0/ (Icmniration between possessions on the roust; north of tliat point of iiinTsectioii the Article desi:.;natcs a ineiidian-liue as the limit between poi^sessions on the milini'iit. The arj,niment of Lord Saljsbui-y a|)pears to this Government not only to '.o- tfiulict the obvi()us meanini; of the Mlth and IHrd Articles, but to dcstiov their :;ic.d connettion with the otlu r Articles. In tact, Lord Salisbury's atti nipt to make liro c .^-ts out of the one coast referred to in tlic Illrd Article is not oidy out of harmony with ti'e |)laiti provisions of the Anglo-Russiati Treaty, but is inconsistent with the preceding part of his own I'rjiument. These five Articles in the liritish Treaty (the Ilird, IVtli, Vth, Vlth, and Vllth; are cx|iri ssed with an exactness of meaninj,' which no argument can change or pervert. In a later part of my note I shall be able, I thiidi, 'o explain why the tlussian fiovernment tliihuiuted the Treaty \vith Creat Britain with :,'reater precision and at lijrcater lenf^th than ';i< rinployed in framin'_' the Treaty with the United States. It will be remembered that viae: 11 only necessary to (juote the llird ,ind IVth Articles of the American Treaty to prove that less a'tention was yiven to their consideration than was given to the i'orination flf the B'itish Tiraty with Russia. The two Articles in the American Tranty are as follows ;• - A i.cio '''. It is, moreover, agreed that hereafter there shall not be formed by the ci;i,:ri! i i ihc United States, or under tiie authority of the said States, any establish- ■'lent upon i.i ^ nortli west coast of America, nor in any of the islands adjacen', to the north of bi '.'»' 1.1' t: , latitude; and that, in the same manner, there shall be none formed Ijy Russian subjects, oi under the authoritv ot Russia, south of the same parallel. " Article l\''. It is, nevertlK'U'ss, understood that durini; a term often years, conntini; lii'iii the siiriiaturc of the present Conventiuu, the ships of both Powers, or which helont; lo llirir citi/ens or subjects res|)eeti. ',y, may reciprocally l'rei|uent, without any hindrance whiitevcr, the interior setis, units, hiiriiours, and creeks upon the coast mentioned in the preeedinu; .Article, for the purpose of fishing and tradings with the natives of the cmintry." 'I will he noted that in the British Treaty four Articles, with critical expression of :ie place ci the ill iiid IVth Articles of the American Trcatv, wliieh were 11 ii • (!.afted witli ii 1 absence of the caution on the part of Russia which marked the Work !■ !i.e Russian I'IcMipotentiaries in the Hiilish negotiation. trim some cause, not lully cxidained, great uneasiness was felt in certain Russian firc'Ics, and especially aniciig the iiieiidiers of tbe Russian-Aineriean C'on'pany, when the I'leiity between Russia and the United States was made public. The facts leading to the iMU'.'isiiiess were not accurately known, and from that causo they were exaggerated. The Russians who were to lie aflccted by the Treaty were in doubt as to the possible extent implied by the phr.ase " north-west coast of .America." as referred to in the Illrd and l\lli .\iticlcs. The plirase, as I have belbre said, was used in two senses, and they t'earcd 'I iiii,yht have such a conslnielion as would carry the American privilei.'(" to the Straits of li^'luiiii,'. They (cared, moieover, that the uncertainty of the coast referred to in \rta-U- III miirht, by construition adverse to Russia, iiicbide the Bchring's Sea among the IMS and gulfs mentioned in Article I\'. If that coitstruction should prevail, not only the ■\:iit'rican coast, but the coast of Siberia and the Alentiun coasts, might also be thrown 1 I 48 open to tlie incrrcss of American (isliprinen. So i^reat iiiid £:;enunit' was tiicir ^lanatory note to he presented to the Governuient of tiie United States at tlic time of the exchange of ratifications, witii a view to removing with mo.e certainty all occasion for future discussions; by means of which note it will be seen that //tc J/fwimu Islands, tli<; cuaxln of Silx'riii, and the Riisninn possessionn in (jcii'jring to he recognized, as well understood and placed beyond all manner of doulit, the iirineiplc that beyond 59'' .'iO' no foreign vessel can approach lur coasts and her islands, nor fish or bunt within the distance ol' 2 marine leagues. Thi- will not prevent the reception uf foreign vessels which have been damaged or beaten hy storm." The course p\irsucd by Mr. Adams, after the Russian note hid been subtnittcd to him, is fully told in his diary, from nhieb I again (juotc: — " I told Baron Tuyl that we should be disposed to do every thing to accommodiite th? views of his Government that was in our power, hut that a niodifu-ation of the Convention could be made lu) otherwise than by a new C(mvention, and that, lb;' construction ol thf Convenlion as concluded belonged to other De[iartnients of the (government, for which the Ivxeeutive had no autbi>rity to :-ii;)u!:ite, ... I :'.dd"! f!::-,', the Convention would 1)'' submitted iunnediately to the Senate; that if anything alfecting its construction, or, still more, modifying its meaning, were to be presented on the part of the Russian (iovernnii':it before or at the cxciiani^e of the ratifications, it must he laid before tin; Senate, and could liavc no other possible eHeet than of starting; doubts, and, perhaps, hesitation, in lliiii hudy, and of favouring the views of those, if such tiierc were, who might wish to delbat the nililication it hilli \\\\:i[ I t iiiiiiicafions, (i'i)Vernnient «lnt would L lii< iiistructio (Hivernincnt i iinswcr must l)('>.t that he s iiitrri'^l not r Dili- iiirrrhanl 'I'lh ilnjrei- 0} the liiiperial ( any further si t.'icy should, iii'jdification .-ia the a v.iiieh the Ru i'f;lil>of la IK yt'ars— no ac 'd the 'IVeaty »as loriiiidlv'l Whiie'tl Ihissia and Ihe iiistmcti atlccted in tli I have ahead 'I the Treatx ivideiit purjK) and Ml clear ; I lie (iinernm ''.*' Hnssia in contidcna' tb •■iruuL'hout all 'I'lie "exi ''•"t Ihat, aft appreliended i [95] 40 r;ititicution itself of the (Joiivention., ... If, therefore, he would permit nie to suggest to liiiii wliiit I thought would he his hcst co'irse, it would be to wait for the excl)anj;e of the i.itiiicntioiis, nnd make it purely and simply ; that uitervvards, if the instructions of his (i'i)vcinmcnl \ve!c iiiipi rativr, lie nilLtlit ])reseiit the note, to which 1 now informed liim villi would be. in subs-tance, my answer. ]t necessarily could not he otherwise. But, if lii~ instructions left it discietionary with him, he would do still better to inform bis Ciiwrnuient of the state nf tiiini,'s here, of the purport of our conference, and of what my iuiswc r must l)c il lie should present the note. I i)clieved his Court would then deem it iH'st that lie should not present the note at ail. Their npprehpiisinn hail lirnn excitod by an iiilrrr^l nnl rerij f'tifii(Uii to the (jood umlerxtinidhKj hetirecn the United Stntes and Russia. Our iifrvhiints uould not !) '50' of north latitude [that is, down to .')9 ' 'M', the explanatory note; rcckonini? fi'oui north to soutii] and the Aleutian Islands are positively excepted from the iihiM'ty of huntiufr, llshinic, and eouinierce stipulated in favour of citizens of the United States tor ten years." The re.ison ;;iven for this exclnsiou is most sii^nificitnt in connection with the ])en(iinjj discussion, namely, that the coasts of Siberia are waslifd by the Sea of Okhotsk, the Sta of Kamschalka, and the ley Sea, and not by the "South Sea " [Pacific Ocean] mentioned in the 1st Article of the Convention of the ;)th (17th) April, 1824. The Aleutian Islands are also washed by the Sea of Kaitischatka, or Northern Ocean (Xortliern Ocean beinji; used in conttadistiuetion to Soutli Sea or Pacific Ocean). The liberty of huntiutr, lishimr, and eommeree mentioned in the Treaties was therefore confined to the coast of tlie Pacific Ocean soutli of ;')!) -"lO' botli to the U' tod States and Great Ihitain. It inu>t certainly he apparent now to Lord Salisbur) iiat Russia never intended to include the T^cinin^'s Sea in tlie phrase •• I'aciiic Ocean." fiie American argument on that (piestioii has been sii^naliy vindicated by the otiiciul declar.i- tion of the Russian (Joveriiment. In addition to tlie l()re;;oina;, Russia el.iiuied jurisdiction of 2 tnarine leaiiues from the shore in the Pacific Ocean, a point not finally insisted upon in (itlier Treaty. The Protocol.s, however, show that (ireat Prilain was willini;; to agree to the 2 marine leairue*, but the United Slates was not; and, after iIh; concession was male to the United Stales, Mr. G. CanniuL; insisted upon its lu'inL' made to Great I5iitaiii al--o. In the inter\iew between tiie Anieiican Scciotarv oi Sla*:e and the Kiissiaii Minister, in December 1824, it is worth notint; thai Mr. Adams believed that the application made by Baron Tuyl had its c;'gin "in tlie appieiieiisiou of (be Court of Russia which had been caused by an interest not very friendly to the ifood imdeistanding between the United States and Russia." 1 presume no one need be told that the reference here made by .Mr. Adams was to the Government of (ireat Britain ; that the obvious efl'ort of the British (government at that time was designed to make it certain that the United States should not have the pi)wcr in the waters and on the shores of Behriug's Sea which, Lord t^iilisbiirii iioic imjinis, luid uiiddubliilhi hrcii i/iicn bidh to tlif Vnittd S/dfp.i mid Grcai Britrin bi/ the Trr-nlif's. It is to be remembered that Mr. Adams' entire arLiument was to quiet Hnron Tuyl witii the assurance that the Treaty already negotiatt^d was, in idl'eet, just what the Russian Government desired it to be by the iueor|)oriitioii of the "explanatory note" of which Baron Tuyl was the bearer. Mr. .\dams was not a man to seize an advantage nicrclv hy cunning construction of language which might have two meanings. He was determined to remove the hesitation and distrust entertained for the moment by Russia. He went so far, indeed, as to give an assurance that Ai'ieriean ships would not go above ')7 north latitude (Sitkii), and he did not want the text of the Treaty so chained as to meiilioii the facts contained in the explanatory note, because, speaking ot tiie hunters and the fishermen, it "was wisest not to put sueli fancies into Ibeii heads." It is still further noticeabk that .Mr. .Adams, in his seiitentiou'^ expression, s|inki' cil the Treaty in his interview with Baron Tuyl as '•'the North-West ('oast Convenlion.'' This closely descriptive phrase was enough to satisfy Baron Tuyl that Air. Adams liad not taken a false view of the true limits of the Treaty, and had not atfeuiptcd to extend the privileges granted to the United States a single inch beyond their plain and bonourahle intent. The three most confident assertions made by Lord .'-Salisbury, and regarded l)y him as unanswerable, are, in hi" own language, the following;— 1. That l'a)'j:land refused to admit any part of the Russian claim asserted hy the Ukase of 1821 of a maritime iuri-.diction and exclusive riihi of hshiug throughout the whole extent of that claim, from Beining's Straits to the .ylst paralhd. 2. That the Ciaivention of li*2.') was regarded on both sides as a leiiunciatinii on the part ol' Russia of that claim in its entirety. '■'i. That, though Behring's Straits were known and speeifii'ally provided lor, lkhrin;:'s Sea iv.is nol known by that name, but was regarded as a ])art of the Pacific Ocean. The explanatta'y note of the Russian ( iov(Mimient disproves and denies in detail theso three assertions of Lord Salisbury. 1 think they are completely disproved l)y the facts recited : one of them. The incl r|U(itrd to sti( |.(i>iii(iii of till to ('mini Lie I8-.>2. Thefii "The "n liarnn do ie linparial .Mast various pui'pos Croini an thn ii inid iiiirii/(i/inii h is altoj jirovisions of t Inriloriiil rujii hoiKlonderry n >i'(i|'e of his c( dispute betwcc 2!rrees with Lor The Duke i'->r which plaei Ciinnimr, Brliisl I.ondijiulerrv in ranihiiii on the Nesse!ro(le, Rus of Aiexander, a fonriiied hiinse! 'I'll e>lahlisli tlii Meiiioiiinduin, v ' .\ow, we Company lia\e lalliil .\e\v Cal Miiiintiiius, iind Ijtitiule (iff nort Tlic Dukt I'vidciilly not 1-iiglisli terriioiA '"I Ihc Pacific () I'wiinsiiln, lind ■iiyway uilli iIk Miinir, coniieei I'diniig's Sen. I lie most Mr.!5tiatfordCa iillhr 1st .Mare 'ii'at_\ between '>n- iiiiporlant. iiitnt : '■ Tlie line '''^litiied to Riiss After all, fl "'•oretlKiii once, *™i'ly and midei il«eliad no o(||, ''«' I'acilie Ocean "'fb'nited Slate- platitude the sai I access to the occ; [9.01 6\ facts rpcitpd in this despatch, but the explanatory note is ,i specific contradiction of each oiu- of them. The iiicloRurcs wliicli accompanied Lord Salisbury's cicspatcii, and wliicli are (|U()t((i to streni'tiien his art;un t-tits, seem to nic to sustain, in a rcuiarkahlu manner, tiie l-(i>iii(in (if tlie United Slates. Tlu' first ineio^iire is a (ic^pfitch li-om Lord Loni'oiidciTy to ('(Hint l.ieven, Ihissian Ministei' at London, diited l''oiei^ai Office, tlie iMii January, ]8'J2. The first parai(raph of this (les|)atcii is as f()llows ; "The ''ndersiprned lias tlie honour to acknowj-'dsre the note addressed to him by [liireii de icolai of tiie liilli SepUMiilier last, eovcriii^ a copy of a Ukase issued by liig hii|iiiiial -Master, Kiiipeior of all the Ku^sias, bearing' date the 4tli Se|itember, 18^1, for vaiioas inii|io.ses therein set forth, rn/ifridllii rmiiicrtp/l iritli llii' tcrriUirial rifjiils nf hi.t Croirii (III llip iiorlli-iri'sf riiasl of Aincricii linrdrrlni/ on llic Pdvilir ()ri>iiii. iind the cniiiniprre mill imrliiiilinii of His linpi'iiiil Mnjcsfi/'n yiiliji-iis In tlir ni'iis iiilji'Ci-iit thrri'ln.' It is allofjether apparent that this despatch is limited to the withdrawal of the piovisious of the Ukase issued by the Emperor .Mexar.dir. es|)eeially eoiinected with the Inriliirliil riijlil.s on the iiorl/i-iri'xt rnfist hnidcriiii/ (jii llir I'liiilir Ocrini. Evidently Lord li(jii(l(iiiderry makes no refcrenee, direct or indiicet, lo tiie Ik-hriun's Sea, The whole >((i|ie of his contention, a.s defined bv biuiself, lies outside of the field of the present (li>|iiite between the British and Ameiiean Go\erntnents. 'J his Government heartily siriiTs with Lord Londonderry's fiirin of statiui; the cpicstion. The Duke of Wellington was iMiuland's Kepri senlative in the Congress of Verona, for wiiieli place he set out in the autumn ol \H22. His instructions iVoin .Vlr. G. Ciiiiiiiiiir, Hriiisb Secretary of Foreiun .\ffairs, followed the precise line indicated by Lord bonddudeiry in the despatch above ipioted. This is more jiiainly shown by a " Memo- randiiin on the Russian Ukas(;'' dubvered bv the Duke on the I 7tli October to Count Nisfclrode, Russia's Representative at Verona. 'J'be Duke was aiiiiiiiii; airaiiist the Ukase of .•\lcxaii(ler, tablish this it is only necessary to quote the following [laragrapb from the Duke's Mi'iiioiandiiui, viz. ; — C om ' Now, we can prove that the English North-West Company and the Hudson's Bay paiiy have for many years established forts and other tiadin* places in a country _ _. _. places in a country falhil New Caledonia, situated to t!ie west of a ranue of mountains called tl Mdiiiitiiins, and extending along llir shorr. ol mountains called tlie Rocky (if llic Piiiific Ori'iin from latitude 49' ta Lititiiiic (iO'' north. Tiie Duke of U'ellingtoii ahvays went directly lo the point at issue, and he was fvidtnlly not concerning bimscdf about anv subject other than the jirotection of the l.n;;l!sli terri'ory south of the Alaskan Peninsula, and on the north-west coast bordering wi lh>' Piirijic Orenn. EuLdand owned no territory on the coast north of the Alaskan 1'inini.uln, and hence there was no reason lor coiinectiug the coast above the peninsula in my way with the (piestioii befiu-e the Congress. Evidentlv the Duke did not, in the remotest iiiiinnir, eoiiueet the subject he w,is discussing with the waters or the shores of the Ik'hrmg's Sea. 'I he most significant and iin])ortant of all the inclosures is \o. 12, in which Mr. Stnitford (,'aiiniiig, the British negotiator at St. IVtersburgh, commnuieated, under date ofthf 1st .March, Ifs'j;"), lo Mr. G. Canning, .Minisler of Foreign Aliairs, the text of the lic;it\ between England and Russia. Some ol .Air. Stratl'iu'd C'amiing's statements arc vm' important. In llii! second paragraph of his letter he makes the following state- ment : 'The line of demarcation along the ship of liinil on the north-west coast of America «*Hi;ricd to Russia is laid down in tlie Convention agreeably to your directions." .... I more til:: ^ ^ I (hi'ly Mild undeniably exhibits the field of coiilrovt'rsy between Russia and I'.iigland, even l^elmd no other |)rool'ol' the fact. It was soUdv on the north-west coast bordering on ilic I'iicilio Ocean, and not iii the lieliring's Sea at all. li- is the same slriii of land which |l'f I'liited States arr III ;i ■.|u'i'ial and ( Wcis altuiietliei St. Helena reii contains eigiit ()t any nation; S lcii;(iies of tJ const is tiie fo liaii ill r^ondi Middlesex. '1 ol law iiiiiid tl a ciisis of pu )ici;ce that was vcais tliercatle The Bril fonsideiiible si oiniiierce, ne; till' waters wh the ciumnerei;! controlled, in 1 si|uare miles ii iCL-ardless of King. The Uni :issertion of p( li.itlleof NVate Comiiiereial 'I' Britain. It w belore, and wa eminence of t Gallatin. An Knuland was received at cxcliaiiged i to St. llel States slio strin'j;eiit ei ielaiid. Till tons of sbi|) rajies. Lor .')()() .Amerie the .^'outh .A The At Inii^' as Na| was therefo lile 'vas the .\|Mil liSKI t have been in lie I'lir five v It is ii iiroad .Atiaiit nii'iciai e\c a hiiiited an wliii-.e .silent liave no purl lian than ilia justities the iiia'iit.iins tl coiHinerce ii ieii uic A8 Piiijsiii, and Austria, Hy tliat Ticaty '• tlic custody of Na|)olc'oii is specially intrusted to the jSiitisli Government." The clioicu of tlie |)laee and of tlic measures wiiieli could best sefiiiv the prisoner were especially reserved to I, is Britanme Majesty. In pursuance of tills power, Napoleon was |)ron'.ptly sent by Great Britain to the Island of St. IJelenu as a lirifoiier for life. Six nu)nllis alter he reached St. llclma the Hiitish r'.uliamcnt enactefl a>.|U'i'ia! and exttaordinary Li.w lor the purposi' of inaliini; bis dclenli.in more secure. It \va> iiltoiielber a ni(tinoral)!e Statute, and liavc to the I5iitis!i Governcir of ibe bdand of St, Hell na remarkable powers over the propert\' and riLrhts of other nations. The Statute toiitaiii* ei^llt lout; sections, and in ibe 4th section assumes the power to evclude ships of iiiiy natioiuility, not only troui laudinij on the island, but forbids them " to hover within S liairues of the coast ol' the island." The penalty for hovtrin;,' within. 6 leagues of the ccii-t is the forfeiture of the ship to His .Majesty the Kimr ot Great l>ritaiii, on trial to be had in London, and the oU'eiiee to be the sinne as if committed in the County of lliiliilesex. This power was not assumed by a military commander, pleadini; the silence oi l:iw amid the clash of arms; iu)r was it conbrred by the power of civil f,'overnment in ii (•ii?is of [lublie (lan;;cr. It was a I'arliamentary en.K'tment in a season of profound jicr.ic that was not broken in I'.urope by war amoni,' the (Ji'cat I'owers for eigbt-aiui-thirtv vciir.s thereafter. (Sec Inelosurc! ('.) The British Government thus assunu'd exclusive and absolute control over a con.-ideiuble section ol the South .\tlivntic Ocean, lyini;; directly in the patli of the world's ;oiiunerce, near the capes which mark the .southernmost points of both Irmiispberes, over the waters which for centuries had eoiinecled the shores of all continents, and aHordcd the commercial hij>liway iVoin and to all the jiorts of the world. The body of water tlius controlled, in the form of a circle neaily nO miles in diameter, was scarcely less than '_',IM)(I >i|uare miles in extent ; and whatever ship dar.d to tarry or hover within this area nuLiht, irau'dless of its nationality, be lorcibly seized and summarily forleited to the Biitish Kiiij;. The United Slates had u;tave and special reasons for resenting this peremptory assertion of power by (Jreat Britain. On the 3rd liay of .luly, 1815, a fortnight alter the Hatlle of Waterloo and twelve days before Napoleon became a prisoner of war, an important Cuuunercial Treaty was concluded at London between the United States and Great Britain. It was the sequel tn the Treaty of (jbent, which was concluded some six months before, and was remarkable, not only from the character of its provisions, but from the eminence of the Amerieau nev'otiators — John (J.uiiiey Adams, Uenry (^'lay, and .Mbert G.ill.ilin. Anuuig other provisions ot this Ticaly relaxinp; the stringent colonial ixdlcy of Kiiiiland was one which a;.;ieed that Americui shi|is should be admitted and hospitably received at the Island of St. Helena. Before the ratifications of the Treaty were exchanged in the following Novendier, it was determined that Napoleon should be sent to St. lielena, Euudand thereupon declined to ratify the Treaty uidess the United States should surieiuler the provision respecting that island. After that came the strinu'cnt enactment of Parliament forbidding vessels to hover within 2-4 miles ol ihe isl.ind. The United States was already a great. Cumniercial Power. She had 1,4(10,1)00 tons of shipping ; nu)rc than ."iOO shi|)s bearing her flag were engaged in liade around the capes. Lord Salisbury has bad nmeh to say about the liberty of the sea-, but tiie>e .'lOD .Xmeriean shi|)s were denied the liberty of the seas within a space of ;')0 mdes wide in the Scjuth .Atlantic Ocean by tlic express authority of Cjreat Britain. The Act of Parliament which asserted this power over the sea was to be in force as long as Na|)oleon should live. Napoleon was born the same year with Wellington, un • WHS therefore but '\l} years of age when be was sent to St. Ileieiui. His expectation of life ".as then as good as that of the i^uke, who lived until 18.j2. The order made in .\|iiil 18l(i to ol)struct free navi^'aiiiui in u section of the South Atlantic might, thercfijre, have been in force for the period of thirty-six years, if tujt longer. It actually j)ruved to he I'ur five years only. Najioleon died in 1><2I. It is iiardlv conceivable th.it the same luitiou which excieised tbi> authority in the broad Atlantic, over whiib, at that very time, 800,000,0(10 of peop'e made their eom- iiicieiai exchanges, shouhi deny the right ol the United St.ites to assume control over a limited area, for ii fraction of each year, in a sea which lies far be\ond the line ot' trade, wluise silent waters were never cloven by a comnuMcial prow, whose uniidiabiied shores have no port of entry, and could never be approached on a lawful errand ui;der any other fla- than that of the United States. Is this Ciovernment to understand that Loid Salisbury jiisiilies the course ol Kui;land '.' Is f his (iovi rnuu'ut to uniierstaud that Lord Salisbury iua'ht.iins the right of lMi'j;land, at lier will and pleasure, to ol)slruel the highway of commerce in n>id-ocean, and that she will at the same time interpose ohjeciions to the M. United States exercising her jurisdiction beyond tiu^ 3-niile limit, in ii remote and nniised sea, (or the sole purpose of preserving the most vnluable Cur-seal fishery in the world from remediless destruction ? If Great Hritain sluill 'consider that the precedent set at St. Helena of obstruction to the navii^able waters of the ocean is too remote for ])rcscnt (piotation, I invite her attention to one still in existence. Kven to-day, while llcr .Majesty's (iovernnicut i< aiding one of her Colonies to destroy the Anu'iicin seal llshcric^, another f'olotiy. with .ler consent, has established a ])carl (ishery in an area oi the Indian Ocean (lOfl miles ujiit. And so complete is the ass;ini|)tion of ])o\ver that, accordinic to Sir (leor.'c Haden-l'oucll, a licence-Ice is collected from the vessels en^'aijcd m the peail (islieries in the open ociuii. The asserted power goes to the extent of makinj; rorciirn vessels that have proearcd tliiir pearls far outside the •'Vmih^ limit ])ay a heavy tax when the vessels enter an .'Kustriiliiiii port to land cargoes and retit. Thus the foreinn vessel is hedged in on both sides, iiinl is bound to pay the tax under Uritish law, because, as Sir Georiic Hadcn-fowell iiitiniates, tiii' voyage to another port would probably be more cxnensivc than the tax. I (pioti' I'lirtlicr from Sir Heorge to show the extent to which Hritisli assum])tion of |)owcr over the Ocaii has gone : — " Tlip right to charge these dues and to i'xcrei>e this control dutsiili' llic W-milf limit is based on an Act ol the Federal Council of .\ustralasia, which (Federal ('ouncil Act, I8><5, see. 1 ')) enacts that the Council shall have legislative authority, la/cr «//(/, I'a reupcvl In fisheries in Anslraiiun waters utisldc lerritarinl limits. In 1S8!) this Council passed an .■\ct to ' regulate the ])carl-sliell and bi'che-dv-mcr fisheries in Australian waters adjacent to the Colony of Western .Australia.' In I8S8 a similar Act had been passed, (icaliug with the fisheries in the seas udjacenc to Queensland (on the cast coast).'' I am directed by the President to say that, on behalf of the United States, he is willing to adopt the text irsed in the Act of Parliament to exclude ships from hoverin'; nearer to the Island of Sf. Helena than 8 marine leagues, or he will take the example cited by Sir George Uaden-Powell, where, by jjf rmissicn of Her .Majesty's Goverunieiit, control over a part of the ocean 600 miles wide is to-day authorizcxl by Australian law. The President will ask the Government of Great Hritain to agree to the distance of 20 marine leagues — within which no ship shall hover around the Islands of St. Paul and St. George, from the l.'jth .May to the 15th October of each year. This will prove an ellective mode of preserving the seal fisheries for the use of the civilized world — a n)o(le which, in view of Great Britain's assumption of powei' over the open ocean, she cannot with consistency decline Great Britain prescribed 8 leagues at St. Helena; hut the obvious necessities in the Bebrinu's Sea will, on the basis of this precedent, justify '20 leagues fur the protection of the American seal fisheries. The United States desires only such control over a limited extent of the waters in the Behriug's Sea, for a [)art of each year, as will be suflicient to insure the protection of the fur-seal fisheries, already injured, possibly, to an irreparable extent by the intrusion of Canadinn vessels, sailing with the encouragement of Great Britain and protected by her flag. The gravest wrong is conmiitfed when (as in n)any instances is the case) Anu'rican citizens, refusing obedience to the laws of their own country, have gone into partnership with the British flag and engaged in the destruction of the seal fisheries whicli belong to the United States. So general, so notorious, and so shamelessly avowed has this practice become that last season, according to the Report of the American Consul at Victoria, when the intruders assembled at Ounalaska on the 4lh July, previous to entering lldiring's Sea, the day was celebrated in a patriotic and spirited manner by the American citizens, who, at the time, were protected by tii-- t>..'itisb flag in their violation of the laws of their own country. With such agencies as these, devised by the Dominion of Canada and protected by the flag of Great Britain, American rights and interests have, within the past four years. been damaged to the extent of millions of dollars, with no corresponding gain to those who caused the loss. Frotn 1870 to 1890 the seal fisheries — carefully guarded and preserved — yielded 100,000 skins each year. Tlje Catiadian intrusions began in 1886, wiA s.s great has been the damage resulting from their destruction of seal life in th'' opcr. s.-'a surroundiac the Pribylotf Islands, that in 1890 the Government of the Uniiid States limited the Alaska Company to GO, 000 seals. But the Company was able to secure o\A\ 21,000 seals. Under the same evil influences that have been active now for five . tasons the seal lish'jries will soon he utterly destroyed, (ireat Britain has been informed, advised, warned "cr and over again, of the evil effects that would flov ■■■■. -.n her course of action ; but, against testimony that amounts to demonstration, she haa preferred to abide by personal repre- M wiiliilions from Ottawii, by ItcporU of Commissioners \vl)o examined nothinfj, and lieiird iiotliiii!.', except tlic lestimuny oC tliose cni;ii«e(l in the business nKainst which the United Slates hiis earnestly jjrolested. She miiy possilily lie convinced oC the damage if she will Mini iiii inlellinent ('(iiiMnissioncv to the I'lihylod ishuids. hi yeiu ral answer to nil these (acts, (ireat I5ritain announces that she is willing to xlile the (h-pnte liy iirliitration. Her pi'o|)08ltion is contained in the followin}.' paragraph, ivhich I (|U()le in fid! :- - •■ I have to rer|uc8t tliat you will comnumieiite u copy ot this despalcii, and of its iiitkiMius, to Mr. lihiine. You wili state tiiat Her Muie^ly'H Government iiavf no denire wlictever to n-luse to the United States any jurisdiction in Uehring's Sea which was cDiicedcd liy (Jreal liritam lo Russia, and wiiieli projieriy accrues to tlie present posscjsorn tit Ahis-ka in virtue ol'Tnaties or the hiw of nations; and that, if the United Sliites' (iovcniiiient, after exiimination >)t tlie evidence and arifuments which I hav(' produced, >till ililler from llieni as to the icKaiity of tlie recent captures in that sea, they are ready to iipii- lliat tlio (piestion, witli the issues lliat depend upon it, sliould he referred to impartial iirliitiation. You will in tliat case he authorized to consider, in concert with Mr. Blaine, till' imtliod of procedure to he followed." In his annual ^lcssa;;e, >eiit to Conjiress on the 1st of the present month, the I'lCsidcnf, speaking in relation to the nchiinij's Sea question, said : — '•The oflcr to submit the (pieslion to arbitration, as proposed by Her Majesty'* (lovrrmiient. has not been acee|itc(l, for the reason that the form of submission proposed is not tliouiiht to he calculated to assure a c()nclii>ion satisfactory to either party.' In the judgment of the President, nothing ol importance would be settled by proving thit (ireat Ibitain conceded tiii juri>dieti()ii to Russia over the seal fisheries of the Bi'lniim's Sea. It might as well lie proved that Russia conceded no jurisdiction to Kiif;liiii(l over the River 'riiaiues, By doing nothing in each ease everything is conceded, hi MLitlier ease is anything asked of the other " t'oncession," as used here, means simply m-ijiiii'xri'nri' in the rightfulness of the title, and that is the only form of conceision which Russia asked of (Jreat Rritiiiu. or which Great Rrituin gave to Russia. The >ecoM[l ofler of Luni Halisliiiry to ai hitiate amounts simply to a submission of the i|iiustiiMi whether any country has a ritrlit to extend its jurisdiction more than one marine liimao from the shore y No one di>puteK that, as a rule; but the ([uestion is whether tlnrc may not he exceptions whose enforcement does not interfere with those hiiihwuys of iimiiiieiee which the necessities and usage of the world have marked out. Cireat Britain, will 11 she desired an exception, did not sto|) to consider or regard the inconvenience to "liicli the conimereial world might be subjected, '.ler exception placed an obstacle in the hiffliway between continents. The United States, in protecting the seal fisheries, will not iiilcr(<.'ie with a single sail of coinnu'rce on any sea of the globe. It will mean something tangible, in the President's opinion, if Great Hiifain will (•onsciit to arbitrate the real (|uestioiis which have been under discussion between the two (ioverimients tor the last lour \ears. 1 shall endeavour to state what, in the judgment n: the President, those issues are: 1. What exclusive jurisdiction in the sea now known as the Hehring'g Sea, and what exclusive lights in the seal tisheries therein, did Russin assert and exercise prior and up to time (if the cession of Alaska to the United States? 2. How tar were these claims of jurisdiction ns to the seal fisheries recognized and cuiiicded by (ireat Hiitain.' li. Was the body of water now known as the Behring's Sea included in the phrase "I'iicitic Ocean," as used in the Treaty of 1825 between (Jreat Britain and Russia; and wliiit rights (if any) in the Behring's Sea were given or conceded to Great Britain by the i:ii(l Treaty ? 4. Did not all the rights of Russia as to jurisdiction, and as to the seal tisheries in lip|iriiiL,''s Sea cast of the water boundary, in the Treaty between the United States and HiNsia of the .'JUth March, 18()7, [la-ss uiiim|)aired to the United States under th.it Trciity .•■ ■'). What ate now the rights of the United States as to the fur-.seal fisheries in the Waters (if the Behring's Sea outside of tlie orriitiary territorial limits, whether such rights ftrow out of the cession by Russia of any special rights or jurisdiction held by her in such lislicries or in the waters of Behring's Sea, or out of tlie ownership of the breeding islaiuls iiiul the habits of the seals in resorting thither and rearing their young thereon and fOinu' out troni the islands for food, or out of any other fact or incident connected with the iclatidii of those seal fisheries to the territorial possessions of the United States ! 1. 1 ffO f). If tlie (li'toiitiiiKitioi) of tliu r()i(~:;oiii^' (]ut"sti()iis sliall k'livc the s;il)ii'(t in such a position tliiit tlic conourri'ticc of (Jrcat Uiitaiii is necessary in pivscriliiiia; Hi'i,niiati(.ii)s (or till- killinir of tiic fur-^i-al in a:iy part ol the waters of IJelinn^'s Sea, then it shiiH be tui'llicr liito'-iniiied : (1) How tar, if at nil, outside tlie oniinaiy terntoiial limits it is iiei < >iii'y tliat the I'nited State-* slionid cxereise an evcln-iive jurisdiction in onicr to ]iintccl liie ^'mI f"r the time hvini; upon tiie i-ilniii!s of tlic I'nited States and I'eedinu' tjit'ic- li'M. ' {'2) Wl'ftiier a closed si-ason (dii'iii ; vshich the killiny of seals in thewatersof Bchriua's Sea outside the ofdinary teiritoi'ial linntssiial! he pi'ohihit"d) is neeessary to suve the si'al tishinu: industry, so val.iahle and iinportaul to mankind, fioni deteii naiioa or destruction? And, if so, (.'1) What months or parts of months shoidd he incliidw! in such season, and over what waters \i should extend .' The ro;'.e;.!i>i .isscrtioiis that the (iovernmeiit of the United States demands that the Behrin;;'* Sea be pronouncid iiinrr rlniisutii are without (oimdation. The Goveniaiciit lias never elairned it and never desired it. It expressly disavows it. At the saaie tinu' the United States does not lack ahnndant autiuiiity, aeeordii'i; to tlie ahlest exponents ul' internatio!ial law, for holdim: a small si'etion of the lh'liiiiit;'s S"a for the protection of the fur-seals. Controllin.' a eomiiaratively resiiicted area of water h)r tiiat one spec'tie l)urposo is l)_v no means the ecpiivalent oi declaring' the sea, or any pait tiiereol', nKirf ciniisinv. Nor is it hy any means so serious an ohstruetiou as tSreat Britain assumed to make in the South Atlantic, nor so jiroundless an interference with the oimnoii law of the sea as is maintained hy British authority to-day in tile Indian ()(!can. The IVesideiu (i not, however, iksiie the lon^ postponement wliicli an exammation of le;;«l autlv from Ulpian to Phillimore and Kent would involve, lie linds his own view: expressed hy Mr. Phelps, our late Mini>ter to F.iii'land, when, after failiui; to secure .i j,. arranirement ^ith Givat Hritaiu toueliin;,' the seal tisheiies, he wrote the foUowiiis,' in his closing eoiiimur.ieation to his own (jovcrnment, I'JtIi Septeiiiher, 18!»H: — "Much learnin:,' has liecii expended upon the discussion of tlu; abstract (ple^)tillll of the ritjht of miiri' cldiisuni. 1 do not conceive it to he applicalile to the |)rc'sent case. '• Here is a v.duable llsh'^ry, and ii lari;e and, it properly nianimcd, pernmneiit industry, tl e propeity of the nations ini whosi' sliores it is carried on. It is propuseil hv the Colony ol a loieijiii nation, in delianee of tiie joint rcinonsirance of all tlie eountrif; interested, to destroy this; hu>ine>s hy the iiidiseriininatc slaughter and extermination of the animals in (|ut>tioii, in the open iieiy;libourin;^ sea, (luring the period of gestation, when the common dictates of humanity ought to protect them, were there no interest at all involved. And it is sugirested that we are prevented from dcleiuling ourselves against such depredations because the sea at a certain distance from the coast is tree. " i'lie same line of aiijument would tiike under its protection piracy and the Slave Trade when prosccatei in tlie open sea, or would justity one nation in dcstroyinL' the couinieree ol anotlu'r hy i)lacii;j; dangerous obstructions and derelicts in the opiai fca near its coasts. Tlierc are many things thit cannot l)e allowed to be done on the open ski with impunity, and a;;amst wiiieli every sea is innn' (/((HMna .• and the right of si'lf-dcft'iico as to person and property prevails tliire as fully as clsewiiere. if the iisli upon the Canadian coasts could be destroyed by scattering poison in the open sea adjacent with some small protit to those cn::agcd in it, would Canada, upon the just prineipks ot international law, he held detenceiess in such a case r Yet that process would be no more destructive, inhuman, and wanton than this. "If precedents are wanting lor a defence so necessary and so projicr, it is because precedents for such a course of conduct are likewise unknown. The best international laA has arisen from precedents that have been established when the just occasion lor tliem arose, undeterred by the discussion of abstrcict and inadecpiato rules." I have, &c. (Signed) JAMES G. IJLAINE. «f IiicloMiru (A), Cmvciiilnn* Iwtum.i Ihc I'liltcd Stiiirs (mil, Russia rvliillri' In Niniijiitiou, Fisliliuj, find Triidimj in the Pnrljic Oiviiii, iinil to Eshililishmcittx on tlif Xortli-lVest Coast. — Cniifludril Ajiril 17, l^'^4 ,• linllfiriilions inrhdiiijiil iit fViishinrjIon, Januiinj 11, l825 ; Proclaiinril jiinii/in/ \\i, l.'^'J.'J. Ill till' Name (if till' .Mii tlir limits of their rcsjieetive pos^essi his on the iiDitli-'vest oast of America, have naiiuil Plenipotenliiuies to conclude a Convention fur tliii pui-posc, that is to s;iy ; His Alnjcsty the King- of the i'liiled Kii^lom of Great ISritaiii and Ireland, tli^ Rij^ht Honourable Stratford Canniui,', a il ember of His sicd Majesty's .Most Hououiahli Privy Council, &c. And His iUijesty the iMiip-jror of All the llussias, the Sieur Charles ilobert, Count ili Nesselrode, His Imperial -Majesty's Privy tJonneillor. a .Member of the Council of llu' Empire, Secretary of Stale for the Depai'tuu'ii': of Forciirn Alfairs, &c.; and the Sieiir I'iern de Poletica, His Imperial -Majesty's Caiiiicillor of State, &c. ; Who, after having comnumicatcd to each other their respective full powers, found in good and due form, have agreed upon anrl signed the I'ollowinK Articles :— ARTICLE I. It is agreed (liat ths respective subjects of tlu' High Conlracting Parties shall not In' troubled or niolesti'd in any part of the ocean, commonly called the Pacilic Ocean, eitlieriii uavigatiug tlu; .same, in fishing therein, or in l.uuling at such jiarts of the coast as shall not have been already occupied, in order to trade with the natives, under the restrictions I conditions Kpecified in the following Articles. ARTICLE II. In order to prevent the rii^bt of navigating and fishing exercised upon the oeoaii by tlio .subjects of the High Contracting I'arties from becoming the pretext lor an illicit (om- m iiPKT, it 1? i!:;r('i'(l tliiit tlic sulijicts of His Bi'itannic Majesty shnll not Innd at nny place wic'ic il)fi'c iTiuy Ih' ii Riirsitiii otahl'-lmii'iit, will, out the |)Priiiissioii ol' llic Govcrrttil' nr ('niiun.inii'int ; and, on tlie otlici' lia!i(', that Hu-sian subjects shall not land, without |Kl■lliis^ioll, at an\' liiilish 'stablishiiiciit on tlir noilli-wost coast. AKTICI.K 111. 'lie line ot (Iciiiarcniion lietwccn the |)ossessions of the HiL;h Contracting Fartics, n|)nn tlicM'oast of lilt" coiilineut :iii(l tlie islands oi .Viuei'ica to the norMi-wcst, shall be drawn in liie iiiani.ci' follov, in^' : — ( laninencinif from the southciiiniost point of tlie island callcil Prince of Wales Island, whicli jioHit lies in the parallel of .^)4^ 10' ninth latitude, and helwccri the l.'?l«t and tlie t.'i:5rd degree of west liinj^itiide (ineiidian of (Jrcenwieh), the said line shall as(!elld to llio iioiiii alonu: the cliar.ncl railed I'oi'tland Channel, as far as the point of liic contiiieiit wiierc it strikes the ri(;ili (lei;r( e of north latitude; fioui tlll-i last-nier.tionrd point the line of iloii atca'idu shall hdlow the snnunil lA the mountains situated ^parallel to tlie coa=t, ns far as the point ot interseelion of the IMst deL'ree of west lsian and ISritisli possessions on tlie Continent of America (o the nortl;-\vcst. I AllTICl.i; IV, Witii reference to the line id dcniareation laid down in the preceding Article, it Is understood : I. 'I'hat the i>land called I'lince of Wales Island shall belon;,' wholly tn Itussla. '.'. That wherever the snnmiit of the niouniains which extend in a direction parallel to the eiinsl, from the ."i(ith dei;ree of north latitude to the point of intersection of the i41>t (lejiiee of we>t lonuitude, shall prove to be at the dislance of more tlian 10 marine li:i!.'iies from the ocean, the limit between the British possessions and the line of coast which is to beloiii; to Russia, as above mentioned, shall be formed by a line parallel to the wiiidinL's of tlie coasit, and which shall never exceed the distance of 10 murine leui^ucs therefrom. ARTICLE V. Ii is, moreover, acreed that no eslablislitnent shall be formed by either of the two Piiitics within the liiiiits assigned by the two prcccdintc .\rticles to the possessions of the uenih. British subjects shall not form any establishment either upon the within the limits of the Russian and, in like manner, nu estublish- ntlier ; consec cnast or upon the hori'er oi the eoiitineni coniprisei possessions, as dcsiiiiiated in llie two preeediiitt Articles; , , iiicnf sluill be I'oiined by Russian subjects be_\ond the :-aid limit ARTK^I.H VI. It is understood that the subjects of His Rriiannic Majesty, from whatever (piarter liiey iiiav arrive, whether IVoiii the ocean or from the intcrlol' of tlu; continciit, shall for I'vcr enjoy tiie ri;;lit ot navitta'ini!; freely, and without any hindrance whatever, all the rivers and streams uliidi. in their course towards the Paeitie Ocean, may cross the line of iImi.,',i.....»:.m< .,..,,,. ii,>> i;,i„ .,r.,.,i.ci .i„....,.a,.,.i :.. a ..•:„!.. lit .,rii<., ..■'i,>«i,i rolnT 1 Gdsscm Slid Mi'iTH. Ni.rdlischiT Tlieil dcs Still. mi ,\1^ tilli's. in lle^iL;llaU■d -('|iar:ili' Irmii the nea. j Oci'dii 111 Sn', (Ici'iin, lel! iVi .Maj,,, Name of Mnjis, 8ic. Accurnte Charte von Noril Anierika, from the best snurccR Map nindc under direction nf Mikhnel (ivo^ch f, Survevnr of the Slieftakof Kx- pedilioii in 1730 Mappi uiiinde, liy I.'iwitz ., (ieecraphieal Atlas nf the llussinii I'.inpiie, .Mrxanili'r V';steliiiiine Carte de I'Kle dp leso, rorreeted to date, by Philippe lliiaehe, Aeadeiny ul Seieiices, and firo:;raplu'r t" the Kini; Name of Sen. Sea of Anadir . . . KamtHehntsklBches Meer . . Mare Andirirnm KaiiilMhatku or Heaver Sea Mpt de Kaiuiscbatka I'l'iee of Puhlicalii St. Petei.Scienccs D'Aiivilli.'s Map of the Western llcmi- splirre Map i>f Ileniisphero Septenlrioniil, liyCmiiit ItcilH'iii, published by lloyal Aciuleiiiy of Siii'iices Map piihlished in the '• London Mamiizinc " Map liy f*. Uellin, I'lngincer of the Koynl Academy Xouvelh' ("arte des Decouvertes par le» Vai-senux Kusses aiix cotes iiicoiimics lie rAiiierique SopteiitrionaU'; Midler JilfiTy';. Anierieaii Athi«, priiileil by 11. Savers and J. Hennett Itnaii Map from Piivis to Tobi)lskeii 11 .ivii's Alias; Map of the Woilil Map (if tlie lOnstern purl of tli{> Russian Tiii-itiiry, by J. 'I'niscott Map iif the .\e«- Nurtherii Archipelago, in J. von Staeldin Stiireksbur^'s Account of llio Xortliirn Areliipeloso, lately dis- covered by the Uiis-ians in the Seas of KaMil-ehatka and Anadir -aiir. 1 DuMn's Map "f North Amcriea ','h It nf Ivussian I;isct>verics from tlie Map piiiil'.shcd by the Ini|)erinl Academy of St, I'l tersliiir(;h (Uobert Sayor, print- sell r), pnblislied as the Act directc. JctfiT)'s Atlas; Chart containing part of Icy Sea and adjacent dasts of A>.ia and America; ptdilislied in 1775, aeecirding to Act nf I'arliament, by Saver and Hennett I Jflfcry's Alias; Cliiirt of the Hn-sian Dis- coveries, from Map piiblinhed by Imperial | Academy of Sci"iices ; published by I liol.ert Sayer, March 'i, 177,'). | Atlas, 'I'liomas ,Ieffeiy's (Geo(,'rapher to ' Kiai;), .\iiiericaii ; Chart containing the | ('iia«ts of California, New Albion, and j tlic Uiissian discoveries to the North I Map ill tlie I'rencli Encyrlopradia . . ! Srliniiili's Allan .. • . •• | Jiff'cry's Atlas .. .. .. fnrtc diT Kntdeknn gen Zwisehen Piberia i utid Amerika to the year 1781) M.ipof tlie New Discoveries in the Eastern St. I'l tcrsbiirgh Atlas .. .. .• Ilalliliu-el der K.rde, by Hode . . I'liirt of the North-West Coast of .'Vmeriea ami the North-Kast t'oast of ,\sia. pre- par.d bv Lieutenant Henry Unbelts, miller the immediate iiispeelion of Caiiiain Cook; published by William Vuilen Map of the Kmpirc of Uussia and Tartary, liy r, I,. (iuUeleld Map 111 Dis«overies made by the Uu8iKa.stcin part of Silicria, Kaiiit-'cliatka Sea , , Hi. I'otcf.tliursll 1791 tlio I' Norih-Wostc , the I'lastcm ( iccaii. nini cm vJoasts of Aincrica, inili' catiiif; Hillings' cspciliiioii Arrowsinitir.s Ma)i of tlic Wdilil. Charto Alias of M„tlM •ika, V. I,. (iuKclchl cv : M;ip of the Worlil from tlic best aith.riiic- IJtis: ian l*',nipirc in Kuronc am nl Mai) of I Asia ■ C'lnirt of X.-rlli America, hy .1. Will, ■ " as Act ilirccts '' lliillikimel ilia- Knh> .. Ch.an von Novil Am fcld f. r. Dcl.iiaichc's liv Uohcrt (In \'; ika, In ]•'. L. (lolsc- Atla M: 1'1>' i.lc Sra "f Kaiiit.-cliilka Kamtschaikiselics Mccr Sea ol K:;iiitscl;a'.k,i K'amtscliatka Ki a , , luiliitschalkischcs ^tccr , Sim of K'aiiit^p'i .Iki anlv. iiiclu'iiii'j: iic\ La 1'. Discoveries of Captaio Cook Chail of the Great Oc South Sca.i'onformalilv to the (liM'oveiic of the I'reiicli frii: and " L'Astrolahc.' formitv with the lice s ■■ La IJonssolc" nihlishcd in coii- of the Kieneh G National Asscmlily, 17'.ll, translated and printed liv .1. .lolinson ' ' ' Atlas .. ..; Map In Vilircchi W. Heathers Ma reeiumjiili cntiilel Alia lie l.i Cl Xoril-OiHst dc I' An illy: the dis' I'ortlock and L)ii irniiir S('[)tentrionah ids of the K' and Wilkii General All; is : a new -Mcrcn- tor's Chart drawn L lie Humboldt ; " by Cham|)ioii llassiii lie Itehrin:; Sea of Kaiiit-chatka Kanilschalkisclies Mccr Sea ol' Kiiinl.sehatkii Ilas-in dn Noid liassin lie Itehriiii; liimdoli I'arld I^otidoii ilainbui)! Weimar Loncloii I'liris Edinbnrlth , Lniidnii . . Opiicva ,. .,1 St. Peteraliitr^'li Weiniiir .. • •! 1791 17!l(i 1 1>M\ 1797 1797 1797 1798 1709 1800 IRrtl. [HOi 1W02 180:1 IRO;! liOiidnii • • 18IH I.cipsic .. ISIIS Mofttou 1 SO.'l r(nul<»:i ■ • • • |iill7 ^ Volvv lnir;;h , . lno7 18(17-9 180H 1808 liJOH !8'0 1810 IKlil 1811 181:i 1812 18i;< Maj) of Oei .inia, i Woikl, includin anil the coast» o Xei'Ic's (iciieral At Nicle >('}j:iil ion Ami" il * This Chart West Kuile." Naini' of .Map. .ic. 93 Nunc of Sea, I'luce (if I'ublifatioii. Map nf Oc( aiiin. or lav I'iftli I'.iit of tin- Worl:l. iiiriiuliii^: ti ]»ortioti of AiiK'ricji uiiil till' const* of Asia, liy II. Bnin .\i'i'lu'> (it'iii'ial y\tlis ; Saiiiial anil CiciirjjC N'^l" . . i *rh:n't von ATMi-iUa; (Jr(i;r;npliir Ir.stilutc j Miipiif ilir Woil I, by Von Krn^i nsii in ..i Knf)'|H"optypo (K* I'Anu'ii.nic ^I'pti-ntrion tie, by llricii Sraitli's Oi-iioml Atlas . . .Vlljcnii'inrvvilt Oliarle. witli Vi>\a.;(' of (inaid .\lla« Ijiiivcr-el, cliti'd liy C'liez Df^ray ; .ManiJcniornie, liy Goujon, Cu'o- Lrraplii r Atia^i l-'.lenientairi'. by Lapie ol Poirson .. Aaicriiiuc .StiitciilriiHialv.' et Muridioiiulc ; Ldiiic Man Ml 'I'l,nin|)Son'-< .Vila* rii'iilintx l,ucti>* AthiH ,, liciciiani anil \'on llaller's (uTiiiun .-VtiuN ., I Ma:i ill (irrcnolI^ll\ .\tlii> ,, ., Inlni I'iniii'lini's Ml (Irrn Allai .. ,.| .Map 1 n;;iavi'il by Kiik\vo.nl and Sons ,, Chart of tin: Hii^siaii and Kn'.'llsh I)Is- | roverii"* in iho Noitli racitic ()c:an. by CaplaiT I'lnit's liarncy, I'Mi.S. Car!!' iif'i.fvjli: di* r.\in(_*rir|iii.' : J)c La- ma fi-tu' fart' ill' rAniiriiiiic Scptentriimali" ct -Mi ri- liioiiait^ ; Uc'tinon. ( liarl of Ala>lia, liv .1. K. I''.\rii'~ and Maltc-Hinn Cluirt of till' Arctic Ocniii and Niirtli .\nii'rifa, by Lapii* (arte (jeriiiali' iln (ilobi ; lirai- . , ,, MajiDriaondi' . 'rmdieii ,. ., Alias of Im Vo^int* ; M. Carov .• ., Aila> i;niv,T-ili,f A. 11. lira.' .. Mappcmnii'ii.' ; lliris'on .. ,, .Man til illustrate the N'oyage of Kol/cbui-'. . Fa-liling I,nfa»' .\t!a< . .' I'iriiiini: Lncas* .\ll.is .. Aii.tiitjui.' S.'ptintviiiiiaic ; F.apii- Alla» (.'la>siqui' ct Uiiivcr^il. by .\I. i.apic Ha'siii du .Vnril, .. Par Hca of Kaiiif.scliatlva . Mcer von Kuint-cliatkn , , llaii«in (111 Nord. . , . Sea of Kanilsclialki UaAsia dn Xord. , . , Basbiii dn X(ail on dc Hchrinj; Mcr dc Ht-ijrin^ on l^urisin dn Xord 8ca of Kamtschfltka .Mcr dc Hchriiii; nu Bc-sin du Nord lla^sin (ill XorJ. . . , Itclirini; Sea , . .. Met dc HcliiinK .\(cr de Heiiriiifj;, , Kea of K init>cliatkii llcr dc licliriuu' .Mcr lie liMlnin;; Sea of Kaiiitseiiatka Mel de lielii In;.; Mcr lie R lirin^ on l!a-iiii iin X'lrd Sea of Kan.lM-liatka L(nid<>n ,, W'eiiinir St. I'etersbaryii Paris . . London . , 1. ■ ■ Palis . > Kdinbmyli , • (laliiqiore . . Weiiiior Kdinimiiili. . I'hilailclpliia Kdinlmrfjli. . London . . .\iilliiMiy I'iiiley's .\l!a- Atlas of UucUun : Cailcs des Pos»e6.sien» | liassiii dn Xord. . Uast>es I Ma|i in I'atl' r'« .\tlai .. .. ..i Sea of Kamlsiliatka Atlas llistori(|iic de la Sa!?e .. ..j Mcr de Hclirin); Weimar . . . . isai Paris 1821 ** ■ • • • IS'.'l Philudclpliiu 1H21 Paris , , , , 1S22 }H-2o St. rcliM>biirj;h 1 »'in Philadelphia i«'j;i Italtiiiiorc . , 1821! Paris 1821 Paris 1821 Philttdclphia 182J Paris 1825 London 182.i Paris 1829 Date. 1814 IsU 18! t iNlo 1813 181.'. 1813 1816 1816 1817 1617 1817 1818 1818 181H ISl'.l 181<.J 181 'J 1820 1821 U^ m * Tliis CUarl iil-u Or-inuali 1 the eaast liom Columbia Kiver ^ I'J ) to Cape lilizabctli (60 ) as the " Niird- Wc-t Kii'itc." Inclosure (C). .Vk7/0(I I ';/' "All Ai:l far reijiildtiiu/ tlir Iiitercniirne iritli flic hlinid of .S7. Ilvlima iliirimj llir timr Niiiiolcoii lUiiiiiiwrlr .hIkiII lif detained tlirri; mid for iiidciiiiilfijiiiij t'rr.ioiis in the crisi's lliriflii mi'iiliiiiivd (I 1//; April, 1816)." Section t. And he il furl III' r ennrled, that it shall ai\il iiiav i)c Inwlnl for the (joveriiof, or, ill his aljsciici-, the Depiiiv (jovernor, of the said Island of i^t. Helena, hv nil neeessarv ways and iiKnils, to liiiulcr and prevent any ship, vessel, or hoat iVoni fepiiiriiiL:: to, tiadiiiic, or toiiehiiii; ut .said island, or Imviiig any eotiiiiuinieaiion with Iho same, and to hinder ;ind |irevet)t any person or persons iVom laiidiiiit upon the said island from sneh ship, vessel, or lioals, iind to seize and detain all anil every person and [itrsons that shall land upon tiie said island from tlio siimc ; and all such ships, vessels, or boats (except as above excepted) 64 as shall repair to, or touch at, the said island, or shall he found hovering within 8 leagues of the coast thereof, and which sliall or may belong, in the whole or in part, to any subject or subjects of His Majesty, or to any person or persons owinj; allej;iance to His iVliijesty, shall and are hereby declared to be forfeited to His Majesty, and sliall and may be seized and detained, and brought to England, and shall and may be prosecuted to condeinnatioD by His Majesty's Attorney-General, in any of His Majesty's Courts of Record ul West- minster, in such manner and form as any ship, vessel, or boat may he seized, detained, or prosecuted for any breach or violation of the Navigation or Revenue Laws of this country; and the offence for which such ship, vessel, or boat shall be jiroceeded against shall and may be laid and charged to have been done and committed in the County of Middlesex; and if any siiip, vessel, or boat, not belonging in the whole or in part to any person or persons the subject or subjects of, or owing allegiance to. His Majesty, his heirs and successors, shall repair to, or trade or touch at, the said Island of St. Helena, or shall lie found hovering within 8 leagues of the coast thereof, and shall not depart from the said island or the coast thereof when and so soon as the master or other person having the charge and command thereof shall be ordered so to do by the Governor or Lieutenant- Governor of the said island for the time being, or by the Commander of His Majesty's naval or military force stationed at or oft' the said island for the time being (unless in ease of unavoidable necessity or distress of weather), such shij) or vessel shall be deemed forfeited, and shall and may be seized and detained and prosecuted, in the same manner as is herein- before enacted as to ships, vessels, or boats of or belonging to any subject or subjects of His Majesty. No. 20 Me^-sj-.i. Lumpson and Co, to VoreUjn Office. — {Received December 30.) Sir, 04, Queen Street, London, December 30, 1890. SINCE We addressed you on the Cth September last, the number of fur seal-skins taken in the Behring's Sea and landed at Victoria has increased to such an extent, that the total catch, instead of being less, actually exceeds that of last year. This somewhat unexpected increase appears to have been due, apart from the favourable weather, to the larger number of schooners engaged in the fishery, and to the fact that the United States' Government Revenue-cutters did not in any way interfere witli the fishing operations. We are informed that Professor Elliott, who has been commissioned by the United States' Government to examine into the condition of the Seal Islands, in the Report submitted to his Government speaks of the total extinction ol seal life as being a question of only a few years, and advocates that no more seals should be killed, even on the islands, for some time to come. We have had the honour to point out to you how important an industry, at present centred in London, depends on the continuance of the sujiply of fur seal-skins, and how many people, now engaged in this industry, would by its disajipearanee be thrown out of work. This industry appears now to be threatened by a new danger of an unexpected kind. From information received, we learn that the United States' Government, jirohahly with the view of influencing the decision of Her .Majesty's (jovernmenf in the Heliring's Sea fishery dispute, will propose to raise the duty on british manufactured fur seal-skins from 20 to 50 per cent, ad valorem. To estimate the importance of this measmv, we should mention that, for many years |)ast, of the .Maska fur seal-skins aniuudly consigned to London, no less than 75 per cent, have been boiiLrht for American account and re>hi|)pt'd to the United States after having been manufactured m i^ondon. Should the Liiiied States' Government carry out iheir proposal, the skins destined for American consumption would undoubtedly be manufactured in the United States, with the result that another important British industry would pass away to a foreign country. We confidently trust that Her Majesty's Government may see its way to |)iotect these important British home interests, by arriving at a speedy settlement of the jvesent dispute. We have, Sic. (Signed) C. M. LAMl'StlN .\nI) Co. 65 No. 21. The Marquis nf Salisbury to Sir J. Pauncefote. Sir, Frin'i,()(H) ; islands near Cape Horn and South Polar Sea, 10,000 ; Seal Islands, Okhotsk Sea, 1,000 ; Japan, 7,000 ; Cape of I Good llo[ie, 5,000. These statistics, while meeting the fears of all interested in the jirescrvation of seal life, are undoubtedly alarming to the lessees of the Pribvlov mile- di-t.mt from the islands, and if the females pre killed by the hunter there while feediuLT, the pup left on the island, which does not iteome able to take care of itself until al'tir SepKniber, lo-^es its protector and dies iFifc-arms are freely used bv the poachers, however, hidecd, that is tbeii eiilct' instrument |ofslau2;liter, and the etlcct of attacking the herds in the water with llotillas of heats, while Itlicair is filled with the shar)) re[)orts of runs, is injurious in the extreme."' I These statements are, in the main, eontradieted by the Reports of the United States' |*ials, to which the Miinster of Marine and Fisheries refers in his iMcmorandum herein- plorc mentioned. The Minister, so soon as the coMununiealion of Messrs. Sir C. Lampson and Co. |«,is referred to hiui, it onee caused thoriniL;li and earcf'ul investiiiatiou through the *etor of Customs at the port of V ietoria, Biitisli Columbia, to be made into the »j tea ilurm"- j«perii>nee of the Hritish Cohmdiian scalers who have hunted m I'iiesfasoa of 1890. The result of this investigation establishes — That, owing to stormy and boisteious weather in Behrimj's Sea, the prevalence of Imuch log, and particularly "to a change hy Ike seals of their usual haunts, as lierei.. after |iii™tioi!e(l, the early sealers of this season returned with a shorter catch than usual. Vulcuuie disturbances on Ounalaska and nwi^hbuuriug islands are said to liave ueeuircU \^a season. (95] K 2 68 Appendix (C)« Canada, p 314 of Lviilcncc. Ibi.l., p. 265. liiid , p 2G.i. IliiJ , pp. 20"', 2fi9. Will, p. 2Cg. Ibi.l., p. 2C3. Ibid , p. 28;). Ibil. p. 215. App'nilix (D). Anppiidn (K). Alipi'ndin (F). Spprndix (G). The vessels which remained in the sea, after finding tlie main body of tlic seals on tlicirl new gronnds, made the best catelics, and nil the masters of the Canadian scalers testify to | the extraordinary number of seals still fieciiicntinj; this sea. More seals were found to the north and eastward of the Islands of St, Paul and! St. Georiie, distant therefrom between -40 and (if) miles, than formerly. Heretofore thevi liad been more plentiful to the westwiu'd of these islands, and distant therefrom Dboutl 40 miles. I he old Alaska Companv, whieli now holds a lease of Copper Island, on the Russianl side, killed no less than 42,()()() .«eals. The ])resent lessees of the I'ribylov iiroup, itistead of taking 00,000 on the leascfll islands, and paying; the enormous royalty of 10 dol. S.'i c. upon each skin, took only 21,(i0i)| from these islands. They, however, boufrht the whole coast and 8and Point catch of tliel ])elagic sealers, at from 10 to II dollars for each skin, and so the price of skins in Loiidonl is ke])t high. Apj)cnded to this Report is a Tabic showing the catch of — 1. The Canadian scaling fleet, 1890. 'J. Foreiitn vessels' catch sold in Victoria, showing a total catch of the above (1 anjl 2) for 1890^of 4;3,.315 skins, ^vorth 403,100 dollars, against 3r>,310 skins in m,\ worth 2 17,170 dollars. 3. Names and value of Canadian sealing-vcssels, with outfit, crews, boats, and canoei.l 4. Vessels carrying part Indian crews. 5. N'essels and catch of \"ietoria sealing fleet for 1890. The Minister ot .Maiine and Fisheries desires to take advantage of this opportunity tol draw attention to further testimony corroborating the views previously expressed by tliel Canadian Government upon the subject of the seal fishery, aiul given in the Meinoraiidiiral to which reference has already been made in this Report. Since the date of that papcrl evidence taken by the Committee of Congress appointed to imiuire into the relations cff the United States with Canada has been ])ublished. James G. Swan, Es(],, of I'ort Townsend, is described before the Conunittci' aJ a niiin who has given much attention to the fisheries of Behring's tea, both for I own information and for that of the United States' Fish Commission. lie produced a Report of the Board of Trade of I'ort Townsend, Wasliiin'tnJ Teriitory, in wbieli this Chamber of Commerce denounce the closing of Behring'sSeu a " sjieeies of class legislation lor the benefit of the wealthy few." Mr. Swan advocated free fishing in the open ,'*ea, and exjilained at lenL'tli tliitl a valuable Report of his, wlierem he expressed views opposed to those of .Mr. Ellio'J was suppressed ; and, he adds : " The arguments and assertions of the Alaska ComiiicrciJ Comi)any that (he lur-seals all go to the I'rihylov Islands, and would be exterminaieJf il tliai Comjiauy did not have the care and protection of them, would easily be disposed ofl it both sides of the argument could be heard and the real facts made known.'' Further on he says : " Congress and the country [have] been systematically kept! in darkness regarding the fur-seal fisheries in Behring's Sea, for those who have had tiisj information to impart have had an interest directly opposed to imparting it." Mr. Swan denies there is any danger of extermination of seals, and |)roduccs s«oni declarations touching the existence of seals at jilaces whieh witness now claims the swla have abandoned. Finally, Mr. Swan is asked by Senator I'ugh : — " You do not think it is of any importance to jjrevcnt the destruction of scal< He answers, " 1 do, on the islands, but not on the outside, because the proporlionl of seals (hat are destroyed is a very sniall fraction of what the whole nund)er is. Tlicrej are millions of seals in the Pacific Ocean. You have no conception of the vast niyriadil of them." The Statistical Agent of the United States' Fish Commission, Mr. Wm. A. WilcosJ was askid by .Senator Hall, "Do you think the seal is manifestly disappearing?" aiiJI he replied, " I have no reason to think so. I think they have been seen this past yearial almost as iimunierable immbers as ever." Ml', Swan did not believe that for every seal taken several were killed. He refers loj to the shyness and mtclligence of the seal, and to the fact that they are never taken «lien| in motion. Captain Joshua Drown said as follows : — (Sec Appendix G). This testimony, it will be seen, supports the statements of the Canadian sealers already i)leaded before Her Majesty's (.Jovernmcnt, and afl'orc'y further assurance mq 69 tlie pursuit of seals in tlie deep waters of Bciiring's Sea docs not tend to extinguish seal life. The Committee, concurrini; in tiic above Report, reconiineni-iKlix (.\). Seal Finlury 0/ Jielirim/.i Sea. Washiwjton, 1890. (Pilgos 41. ll', ;iiiil 4o.) Mi;. lll''.tiI!(iK TIX(iM\ :i Special ,\,;^eiit of tlio Troa.siny, t,'uvu liis eviili'iuo licfdrii liio same f -iMiiiitlw, iiMil lie i.s ]>iit fiirwaicl liv Mr. Itliiiiii.' in .luipiinrt of tlio United .States' ccmti'iitidu. (Appendix \'< Mv, I'.luinc's Ictlei' 111 Sir Julian ['.inMirfuIr, Ist Mnrcli, p. 17.) ('MiiliiMiiii.i! Mr. (lliililnn's (ipiiiiuii, as almve (|UnU'il, Mr. Tin|.^li-' says ; — • I'rniii Mr. Klliiitt'.s stalrineiit I iiiiilcr.slainl that tlicn- are \w iiiuri) seals now than there were in IsTl'. 1 am at a loss to know Imw Mi-. Kllioll Ljot liis inlorniatioii, as lie had nut been on llio islands fur I'nin-teeii years." 'J'lie sainu Mr. Tilij^le in 1S87 icpoileil (c. Si'iietary Viiireliild that — " He foniiil I lie lines of meiipaiK y eMemliii.L; lieyoiiil those of last year, and the cows f)uitc as ileiisely )(irk('(l on the giiaind on most of tlie rodkeries, wliilst on two rookeries there is some fallinp-oH'. It in ci'i'Uiiii, liowever, lliis vast iiuniber of animals, so \ahialile to (he (oivi/riinieiit, are still on the increase. Till' roiiilition of all the rookeries iimM not lie lietler." (Ap|ienili.v to Jteiiorl, C'oUf^ressional (,'omiiiittce, ISSS. ],. Jio'.l.) Ill a lii'iiolt of llie .Vlaska < 'oinnieicial (.'oinpany ("l^tli Deieinlier, 1N87), it is slated that Ml. I oori;e 1!. 'riiij,'le, the Af,'ent aiipoiiiled li.v the Seeretary of (lie Treasury, snlistantially continns 111. Klliotl in liis view referred to aliove, exieptiiiL: that, iiiioii a careful survey liy himself in 188C, he i-,4iiii led tlial tlie fiir-seals upon the two islands lia^l iiicreaseil in iiiimher about 2,0U0,UUt) up to that time. 'Mr. Tiii^de's estimate for ISSii is li„"i:!7, 7.111 (II. li. K.\. Hoc. No. 31, oOili Conj,'res.s, 1st Session), mill in Deeemhei' the ,\laska Coiniieivial ( 'ominniy, in their lieport, said that the seals were on the iiimM.«e. The latest delinile iiiforinatioii appeariie^ ill the I'liited .Slates' docunii'iits re;;ardin,L; the condition (if the rookeries is contained in the Itejical of Mr. Tin.^le, who, as Sjiecial Aj,'ent of the Treasury lle|Mil lit, wrote from St. I'lUil Isjiind, Alaska, the I'.lsl .Inly. 18HS, as follows: — '■ I am linppy to lie able to report tliat, allhou,L;li late laiulinj;, the breeding rookeries are tilled oat t'l till' lines of measurement heretofore made, and some of them mucli beyond these lines, showing' (liiiilusively that seal life is not being depleted, but is fully up to the estimates given in my IJeport 111 lfi><7." l-'rein the above United States' olUcia.ls it is clear tliat, wilh only )iartial protection on tlie islands, tlio seals have incrciisiMl in an amazing degree. These islands, eoiitaining in 1874 the largest number iifstals ever found in the history of sealing al any jilace, contain to-day a more astounding number. When the iiumher was less than half of what il is at present. Lieutenant Waslibiirn Maynard, of till' I'liited States' navy, was instructed to make an investigation into tin; condition of ilie fur trade of till' Tiirilory of Alaska, and in 1874 lie reported thai 1 llii.niMI yimng male seals had been annually Wlli'il in eaeli year from 1870 to 1874 on the islands comprising the rribylov group, and he did not tliiiik IJMit this diminislird tin numbers, l.ieiitenant Maynards liejiort (44tli Congress, 1st Se.s.sion, II. IJ. Xo. 4.'?), as well as thai of Mr. I'.ryaiit in 18ri!t (Kx. Dm. Xo. .'ll.', 41st Congress, L'ad Session), lari^ii-ly siiiiports the conlcntion of the Canadian tlovernmcnt respecting the productiveness of the seal ami tlicir habits during llie breeding season. It is not lU'iiied thai seals enler Bciiring's .Sea for the ]nir|iose of iesor,liiig to the islands to )il(iiiagate tlieir s|iecies, and because the immense herd is cliielly conlined to tlie islands tor this puqioso iluiiiig tile liiecding season it is that the seals havi' .so constantly increased. N'olwithslandiiig the lax ellorls on the |iart of tiie rniled States to guard or iiatrol the breeding isliiiiils, the dilliciilty of a|i]iriiacliin.g the rough coasts thereof, the prev.d 'iice of fogs, and other causes, liiive in ll large degree prevented too destructive or too numerous raids being madi^ upon the tonkories. 'i'lie Canadian (lovciMnicnt contends that while seals in calf are taken on and off the coiusts of I'lriti^li Columbia and California, and also during tlieir migrations near the Aleutian Islands by Indians mill /Mciic the bulk of the .seals taken in llie open sea of that part of the I'acilic t)eean called lieliring's i^^i'ii llie bulls liotli old and young — but cliielly young— and that must of thecowswheii taken lire known K' "dry cows," i.e., eows that have nursed and weaned their young, or cows that are barren, or those tlwt have lost pups from natural causes. 70 It must nlso bo noted thnt tlicro nrc uioro females tlmii iimlea in (i hoard of seals, (" Trip to Alftska, " Wi\nliiii\ii, i>. 04.) Till' |>ii>iticpii l.ikiii l>y the ('iui;ii'iiiii (lipvi'iiiiiiciil is .Hii]iiinrle(l — 1. Ity tim liistiiiv di' tlic iDokirics iin iil.ovi' ^'ivcii. iiiiil lliii «'"«'■ iucrcaao hUowh despite tlie constii.l k.i!i..: .'i"l mid.s ii|i'.ii tlir isluinl^ (lining' tlic jiasl ci'iitnry. 'J. IJ) till' iiict tliiit till' ill ImlU lliiit liavc 1 1 iilile to lioM llicir |iHsitiijn on tlit^ rookciii'H ^n into the WiitiT ,it (lie I'lid kI' tlic iiittiiii,' simhoii lnlwcni tin; 1«t iiml lotli Au^;iist. (II. 1!. K.\. IJik\ No. 83, 44tli (^lll;:l■^■^^, 1>I Si'-sioii, AiiiK'iiilix, |i, KU.) Mr. Clark, op tin' .\ntaivti<- -ioal lislKrii-i, in "Tin' h'isIn'rii'H ami Fl^liciT IinlustricH in tlii! rnitud States," 1SS7, !>)'. r-':'>-4L'4. siys :— " In v.'ry stormy wtatlu'i". wlii'ii liny (the seals) mo diiveii intn the son, they nre forced to I'ctiiki^ llienisi'lves to the sheltcri'il siih; of tin' islaml, hem'i' llir nn'n lind that stormy weather jiays the';, ost. Two or three old males, ternn'il ' lieaili m.Tsleis,' hold a lietti'li to themselves and cover it '.vith enwa, Imt allow no other males to hanl n|i. The males li.,'hl fiirioii'dy, and one man lidd me that he had .seen an old m.de lake n|i a yiniin,'er one in his teeth and ihiow him into the air. The males show ti^ditwhen \vhi]i]^eil, and arc with orcat dilln nlty driven into the sea. •■ They are sonn.'tinies treateil with horriMe hrutulity. The females oive birlli to the yonn;,' soon after their arrival. "Alter leavini; the rookeries (he ladls do n il retnrn In ihcni af,'ain thai .sea.soii." ;>. Ity the tact that two-thirds of all Ihe males ihat are horn are m'ViT |pei'mitted lo land njioii the saiae '.'roiiinl with the feniides. This lai^^e liand of K.n'helois, when it visits land, herds mile away from tlie hrcedin,i;--r.ainds. (\V, 11. Kllioil, ||. 1!. No. :iS!j:!, .MUh ( 'on'jres.s, p. \]2.) They are driven olf inli) the water. (Clark's article on .Vnlarctie seal lishery industries of the United .'^late.s, section ,">, vid. ii. 1S,S7, |,. 4:il.) Yimn',' seals are iirevcnted from landin'.; on rookeries. (Kx. IVic. S.I, 44th Coni,TC.s3, 1st Se.-.iun, 1). '_'3; see' .also Klliott, II. 1!.. 44th Conercs.s,' l.st Se.ssimi, Kx. l»oc. No. 8;!.) Yearlini; seals airivc aliont the middle of .Inly. aceoni|ianied hy u few of the mntuve ; Ics, remaiidno a oi-,,ater part of the time in wafer. (11. II. Mclntvre, 41st Congress, L'nd Session, II. U Xo. r.i'i, ]'.. 14; also H. I!. Kx. Hoc. No. 4:!, 44th Con-re.ss, 1st .Scs-sinn, )). 4.) Mr. Saninid Falkner, Assistanl Treasnry Am'iil. writiie.^ from St. (leor^e Lsland, Ist August, 1873, to Mr. Hryant, Treasury Ai;ent hir the Seal Islands, says ; — "I imtice on some of the rookeries the ]ias.sai,'e-u : Formerly occupied hy yonng bachelor' in hauliin.^ upon the liack-urnnnd are completely hlocked •.u: ii'. remalcs, lluis ]iroveiitinf,' the. yoiiiii; seals from landing, and as the Greater jmrlion of this island ■'!■ ' is composed of hioh elili;'. u .. mlers il tliflicnlt for any great number t.o elfecl a landing. There are nlso numerous old iiiiil.- 'Htantly gmirding the shore-line, which makes it still tnoic dillicnlt I'm lln' young iiiu's tii work the:; way on the back-griiund," Then, again, it ninsl be remembered that the nmi-breediug seals, consisting of iJl the yearlings and all Ihe males under li or 7 years of aye, nearly eipial in number the breeding seals; and Mr. Klliott estimated, when there Well' 4.71111,(11111 seals'on the islan:ls, I ,."(MI,lllll) of this numlpiruvre non-breeding seals. (KlliotI, Appendix to H. I'. K\. Doc. No. ><'.\, 4 llh Congress, 1st Ses.sion, p 7 ! ; On thick foggy days bachelor .seals, nnndiering over a million, will often hanl nut on ililtcunt Imuling-grniunls, and on the recnrreine of fine weather ilisa[ipear into the waler. (Klliott, \>. 144,11.1!., 44th Coiigress, 1st .Se-sion, Kx. I Inc. No. .s:i.) Tl'.e yoimg bachelors do not remain on .shore long at a time (|). -1, 14th ( ii;;.;ii;.ss, l.st Scsdion, Kx. l>nc. No. 4;V). They are so numerous, howevcv, that llnaisands ii he seen upon the hauling-ground.s. as all of them are never either im shore or in the water at the sanu' time, (iliiil., p. 44). l!y the fact that the cows remain with their jaips and suckle them until all have left. They do not go on the rookeries until I! years of age. (II. il. Kx. Iloc. No. 41!, 44th CoiiffTCSS, 1st .Session, p. 4.) They do not go lar from .shore milil the young are reared. I'eron says that both parent elephiint seals slay with the young, without feeding at all, until the young are or 7 weeks old, and that then the old ones condmt the young to the water. (Clark's article on .\ntarctic .seals, ji. 424.) The young an- suckled by ihe h'males for some time and then left lo Ihem.ielves lying on the k-aeb, wheii' they seem to grow fat widiont further feeding. ("The Kisheries ami I'ishing linhistries of the United States," .si-etion "i. vol. ii, 1S,S7, p. 4L'4.) For this icason, those that are pupped in .Tunc are olf in the water in August. So also on the African coast the seal remains until the Voung can take care of themselves, {fbiii, p,4i.;.) The bulk of the .•-eals are confined to the islands until ice surrounds them. (II. ]■', Ex. Doc. No. 43, 44th Congress, 1st Session, p. 2.) The seals never leave their jilaees, .seldom sleep, and never (Hit anything from May to August, when they take to the Wiiter. hut, it is hidieved, take no I'ooil until their linal departure in Noveuiher. (H. H. Mclntyrc, II. Ii. Kx. Doc. No. :!(;, 41 st Congress, 'JnM Session, vol. v.) Mr. Kllioil says '■ I'erhai.s .she feeds" (p. U'.O of his liejiort on Ala.ska). ' (1,S74, II. U. Kx. Doc. No. SS, -hlth Conglvs.s.) The bulls while on the island prevent (he mothers taking lo thi^ water. (" Marine Mammals," iiy Cnptani Shaiuion, Uniled Stal rookeries nmlbers were destroyed, the yonng were fuimd dead. &e., bet I'rofessor Elliott, in reference lo the I'rih^lov Islands, says; — " AVith the exception of those animals which have received wounds in combat, no sii. or dying seals uro »eou upon the isliiud.'j. Ejtine/ from Ic/lir 71 111 a|.'c Dt'i nf tho jirpftt numbers — tlmnsftniln npnti llionsdiids — nf sonls tlmt must dii' every yeiir fn (. .I.iie, not one liiive I ever seen licie, I'hey evidently jjive ll|) their livi") ilt seu." (lIi.^ llv[>' 'S7t, 11. K. Kx. Doe. No. %;, 4Uli Cuiigicsa, p. I,j0.; nil ■un Api)oudix (!!)• lUinet from Lctlfr fnim Captain Siiloiiinn Jriiiih}i,fivia on loni'il tin; f^chooncr '/'oirnKtnil, ll'iixinitiiliiii, Miii/ tl, 18H'.), 'Mollie Ail'eliiinj,''M Sea, and .Vla.skan waters, 1ml will rel'er KUtij .hitnes (i. Swan, Ksii,, of Tort Townsend, who lias '4iveii nmre attention to olitainin^' infornuition ji«iul tlii'sii tisherie.s, both Ibr his own .sati.slitetion and for the I'nited .States' J''ish Coiiiniission, with I KJioiii lie liius eorres]poii(hHl, and acted ever since it was tiist formed, than any iiiiiii 1 have seen on the iVilic least, and you can rely entirely ii|ioii the intornialion he may j,'ive yuu. 1 will also refer yon to Mr. .loshna liiown, of Salem, Massaiiinsetis, owner of schooner " lleiiry tanis," who is now here; also to (,'a|iliiin biveiider, of schooner "Henry Dennis," who can irive I afumiiition regarding the fur-sealu iit l.'aiie Horn, as hu has recently arrived from there. RcUtiontiritbCMril], p. 3U. Janifn G. SvHiu, Miriiig's Sen must bo declared free and open to all our eiti/ens exciiit tliR adjiucnt waters to the Il.i.l., p. livluv Islands, which should not exceed ill limit the distance from the s'..Mres of tlio^e islands of 1 ;iii;iriin' league, inside of which limit the seals should be [preserved during the months of breeding, as luiiiiiii.; to ile> rookeries owned by the United Status, but outside of that limit the waters should lie r t'l nil of fair citizens. • ••«••• 205. Ret roct from llrpirrl of Ijonrd nf Tr'.per on the fond tislies of ■y Klaltery, Washington Territory, September ISSli, and an exhaustive niouograph of the halibut r^'»v uf ( 'ape Flattery and I'uget Sound, under date of the 2litli Octolier, l.'^.SO. ' 1 On the Kith November, DSSO, I received at Neah I!ay a. letter from I'rofessor (1. Brown (ioode, I Std Washington, li'.Uli Dctober, 1880, in which he says: "Your lieport on fur-seal ii.shery is at hand, |Wi,s (if l^x^^^\\^ iiuportanee to us. I am very inuili siu'iirised at the extent of the business in your l&lriot." This Iteport was attacked in a most virulent manner by Mr. Henry W. Klliott, who, like % had been employed by tho Smithsonian Institution to make investigations on the habits of thu Ki'latioii Willi Cuailt, p. 2611. Ibid. IblJ. fuv-scnln. Mr. Klliott, in Iiis liopoil an tlui souls of tlip Pribylov Islands, suys (lie pups of tljo (\n-haini,'ra|ili of thi; Seal Islands of Alaska," a sjieeial lUdletin Xo. 170 of the riuled .Stales' Fish Commission, 1SS2, p. p>;^ were so ]iersonally offensive to me that I remonslraled witli Professor I'aird for allowinj: the ipliji.iti.in. able piira^,'ra)ih to be pnljlished, and by his rei;nest I ]ire|)aivd another pa]ier on the fnr-si'al, wliirli wus ]inblishe(i in the linlletili of the I'nited States' Fish Commission, IHSli, vol. iii,lip. l.'l)l to 1-'U7, in wliieh [ ]iroved by various witm-sses, (iovernmenl olhcers, mastms of sealinn-vi'ssids, white tridiTs, nnd Tmlians that I was eorreet in my assertions contained in my Ifeport of IH.SO ahovi^ referred to. 'I'he.se Kejiorts of mine, althongh pnblished by the (iovernment, seem hjr some, reason to k .systematieally kept out of si;,dit whenever information regarding' seals and the fur-seal fishery i.s dusiivil by Members of (.'ongrcs.s. The arguments and assertions of tlio Alaska Gomniercial Coin])any that tlio fiir-Hcals all uu to tlie Pribylov I.slands, and would be exterminated if that Company did not have the care and prolcotiini nf them, Would easily be disproved if both sides of the arijuinent rould be hcar> and far-.seeiiif,' statesmen, lloebuck, Ciadstone, Lord liury, and Sir !■'.. II. I.ytton. exposed tia' •linllniv sijphistry of the pretension.s of that Company ami a renewal of their Charter was denii-d tlnia. - - • ' • • ♦ • in the fur-seals of Cajie Flattery in IS.SO was published by the tiovi'i'iiiiii'lit in the Fisheries E.xhibil of the Teiuli Census, and sneerinj,dy eritiei;:eil by Flliolt, as alluded to, I li.iv.; been unable to proraire a single copy, although I have madi- diligent seairh in all the Voluini'S nt iL Tenth Census liejiort In like manner has ('ongress and the eiumtry been sy^t fur-seal fisheries in liuhring's Sea, for those who have had interest directlv opposed to imparting it. » " • • • ♦ • It is eonstantly a.s.serted in Washinizton that the indiseriminale slaughter of seals will eximiiiiia!- them, and eases are eited of the Islamls o( Massid'nero, l.obos.and otia'is n\i the I'aeilie eoa.st, wli'.'ie ll? slaughter by erews of vessels from Kew Fomloii, Conneelieut, and other l.'ew Faigland ]i»its ha entiroly exterminated the fur-seals at those islands and at Cape Horn. I assume that fur-seals caa ii'i more be exteriidnated than herring or eodlish. They navy be driven oil' from a rookery, but tiny up not externiinatiMl ; and, in ])roof of my assertion, I re^jiertfully ask permission to lile tlie swiaii slut" inents of Jiiehard Duiaiis relative to the fur-seals of Cape Horn, and of FMward Thomas l!igi;.s ivlnlivn to the i'ur-.seals of the Falkland Islands, whiih I have respectively markeil " F\lubits N'o.s. 2 anil :i,' The statements show that the fnr-seals have not been exterminated at tho.se ]ilaees, but are taken i:i consiih'rable numbers every sea.son, and, although at one time were almost ilriven entirely away, air now returning to their former haunts. « • Allhou;;h my Ueport i ■matieally kept in darkness regurdia'.' [].•■ the information to impart have liiul M Appendix (C). lir.r.M'iruLATlON (1889). Ciniflt Cftlrh. Dritiiih ., Aiiicrionti licrmnn . • 12.16.1 1!,.1IS Graail total 15,n:'l HiliriitgV I hi-u. l.'),l'.»7 .'l.iaj l.4tll :;M,.if,i 27,!li>a 5,721 1,701 :i.-,,;is Total value, ut 7 ilolliirn pir skin, ■J47,'i71 ilolliirs. T.\ (J.MUll oi Ciuiuiliau Si'uliii;; K!rc-l, IS'.iO. Name. Bpri.iff Ca'ch Sand Point. llehrinj^'a S..a. Total. MarvT.iYlor .. 101 ;ii>2 592 9S8 I'athfinder (Pioneer) 2:15 716 984 1,935 \'ivn . . . , , , , . ■i(ii 4;iti •2,015 2,713 Trumipli .. ,, 182 1,018 473 1,673 E. li. MRTTiO,. .irix 878 918 •2,164 Sapphire irj 1,378 745 2,-242 V. H. Tunp»r , . 571 796 1,367 K.t,.. i.'iA 511 '230 897 FiiToritc . . 3.16 (181 1,116 2,453 AiiMrn .. ,, ,, ., iM 797 961 Heatrice .. ,, ., .. 22i> 710 854 1,781 Kntheriiio .. ,. 380 3C5 945 i,6;u l.iiy r« , , 500 6W Hfiie]o(»6 ,. ,; ,. us 578 445 1,171 \V. P. Siyward IM 339 459 952 Mutfi^ie Mac .. .« .. 1,200 752 1,952 Juaniu .. »7 311 770 1,178 A. C, Moor.! 90 703 630 1,423 TlifireBa .. .. .. 173 569 450 1,194 Ariel tin .349 1,137 1,706 Mianii' .100 764 1,467 2.531 Sea Lion 254 817 774 1,845 Wattpr L.Rich in 503 633 1,317 Ocean Helle .. , . 940 480 1,426 Wanderer .* ,. 82 ,, S% Venture ,. ,, Outlit, also slinwins Tonnago, Crews ranicd, ami viilue of Jjoats and CiinoeH .■ii'iniralclv. Name. j I Owners. Ton ■. Value 01' Vessel, with Outlit. Number (.f Itoiits. Value of lloals. Nuinlier of Canot'8. Vnluo of Number .if Men.' Dollars. Dollars. Dollnrc C. H. Tuppcr*. .. Walker and (lo... ,. !)!) 13,0110 7 700 ,, .. 23 Viv« ■ >i Came and Munsie .. !I2 12,000 fl liOO ,, ,, 23 Lily.. .. W. Hams Oil H,.'iOO 1 lOO S W) ■>:< Ariel •• ,.' .*;. W. Ituckinan 90 9,0011 1 100 11 TiOn 2S Sea Lion ..| S. Collins ,'iO 7,000 5 500 ,. ,, IK Mary Taylor . . ..I ('arne and Munsie 42 8,000 1 IIUI 10 600 23 Annie C. .MiK>rc .. Iluchetl and Co. .. 113 15,000 7 700 ,. ,, 22 Waller L. Kiili .. Cameron and Monro TJ 7,000 C llOO ,, 20 AdMe .. UatZiinclCo. .. 50 5,000 c 000 ,, ., is E. li. .Marvin .. .. Marvin and Co... 117 12.000 7 700 ,, 2n Kat... .. C. Spriinr 5H 4,000 5 500 ii TiOit 27 Pioneer (Falhfinder) ., Came and Muniiie .. ec 10,000 5 500 • • 20 Favorite .. t C, Rprini; .. G4 8,000 , \ 13 500 32 Ocean Mle ., .. K. !lallandCo. S3 10,000 7 700 , , ,, 23 Theresa ,.' Itabintfton and Co. ., 03 10,0110 7 700 ,. ., 23 Sapphire .. .Marvin and Co.. . .. VH 14,000 1 100 IS 900 12 Triumph ... Ditto .. w 14,0011 7 700 ,, ,, 2.1 Ma),'gie Mac ,, .. DodandCo. .. 70 10,000 725 ,, ,. 20 Jiianitd .. ..J. Kinsman ,, ., 49 0,0110 1 100 9 450 22 W. F, .Sayward . . ' I..Jing and .Mof^s. . . . 59 8,1100 1 100 K 400 22 Kalhi'fine .. ' J. .\. I'ennev .. ,. 81 5.500 1 100 lu 500 1 -^ Heat rice ,, .. ! W. (irant ' .. nii 7,000 ,. ,, \2 . BOO 1 29 Mary Elh'n .. .., M. Moss 73 7,250 7 700 • • ,, : 23 Penelope . , .. i Ditto ., 09 10,000 5 500 ,, i 22 l^Iintiie ,, ., V. Jacobin 40 8,000 1 100 H 400 21 Aurora . . .. J. llandd 11 8,000 1 MO 10 500 ' 21 Wanderer , , , . II. Tax ton and Co. 32 5.000 1 100 H 400 ! 29 Venture .. 1). Urijuhardt ,. 48 5,000 4 400 ,, ,, 15 Mountain Chief* .. .1. Ilawassund .. 23 1,000 , , ,, 4 IGO III Letitia* . , 1'. Uuaehatnni . . , , 28 1,000 •• .'i 200 12 Totals 2.042 2<8,250 107 io,&2:) 145 0,910 o;s • Irniiau scIidoiuts. Till' fnlluwiTiiT immfid Schooners carried jiart Tndtnii Crows (1890). Namus. ImliallH. Katherino .* :. 20 Beatrice .. .. 24 Miniiir 24 Aurora 20 Knt.- 24 ■ I'avorite 24 Mary Taylor 20 Ariel 24 Sapplitn-' . . .■to Wamlf-Tcr ., ,. 10 Juanitn 10 W. r. SiiywanI 28 Uly 20 Aeiiturt: .. ,. le AilMe 12 Total .. .. • 324 V. ilnw Olr l! 'I l.lli' yrul's tllcN lii ■ly, so llial wlii'ii I Kivlliueni aiiiiiuils. Q. Wlion llirv 7fi List of Vessels mid Catch uf Victm-ia Sciiliu'' l-'luul f..r ISSfi. Vesrtcls. British — PathtiiidiT .. Ten-sa . . Viva Annie C. Muot Ponelopr . . Sapphiri' . , Onwards ., Juanita Mary Taylor . . Minnie ,. Wandt'nT , , Ariel Lily Black Diiimtind Kat.' Favnrite MuunUiii Cliief Sierni , . W. P. Havward Winifrcl ■ . . Dratripi' Mae);ii> Mac . . Trlunijili Amcriinn— Waller Ri.li . . S;ni Dl.i;.. .. .1. lUiiiiUon LcAis Vi'Uturi* Alirr I,. Alsir IK'iiry D-'iiiiia Liiitii' Mollio Adams IVs-ii.' Butl.-i-.. Coast Catch, i Belirini;'3 St-a, 9ia 482 1,4HI 802 :IHI l,.'ICt Klli I3r. 717 2110 178 B41 281) 629 1)21 :(40 210 S(J .');') 7 22 .•.01) 12,4(;,i 1 , 1 1 Ti I'.'.l 212 317 IS 240 18 S28 2,882 I, .'II 8 l,79li 1.C2G "20 'fiOO 844 71 .jj 800 1,704 1,043 ■no 1 ,290 700 i;2.-i i.:i:i.i :i,io3 Tola oeo l,.ilo o,li4.1 2.1211 2,180 2.'J'Jll 8lli 101 717 700 178 1,118,-) 354 1)81 1.121 2,1111 210 80 2,200 22 1.200 2,0li7 i.ir.i i;u 212 ;'.17 ris ir.'j l,.-i.V! I,1<91. I AM directed by tlie Marquis of Stilisbiii'v to acknowk'dgc tlie receipt of your letter the "^Otli ultimo on tiic subject of the Bebring's Sen. seal fishery and tiie trade in seal-skins with the United States. I am, &c. (Signed) P. CURRIK. No. 24. Colonial Office to Foreign Office. — (Received January 3.) (Extract.) Downing Street, Januarij 2, Ift'Jl. I AM directed by Lord Kinitsford to transmit to you, to be lair, before the Maniiii of Salisbury, a copy of a letter from the High Commissioner for Canada, and of a despiitc' i from the (Jovernor (General (f Canada, on the subject of certain slatemcnts in Sir J. I'aunccfote's despatch of the 24th July respecting the progress of the Uchriiig's Sea I negotiations. Inclosure I in No. 24. Lord Stanley of Preston to Lord Knuttford. My Lord, Government House, Ottawa, Novemher 22, 1890. WITH reference to your Lordship's despatch of the 4th October last, inclosiii: copy of a despatch from Sir Julian Pauncefote to the Foreign Office on the subject of the Rehnng's Sea seal fisheries, I have the honour to forward, for your Lordship's information, a copy of an approved Minute of the Privy Council, embodying the coiiMnents of the Minister of Marine and Fisheries upon the views expressed in Sir Julian's despatch. I have, &c. (Signed) STANLEY OF PRESTON. Inclosure 2 in No. 24. Report of a Committee of the Honourable the Privy Council, approved by his Excellency th Governor-General in Council on the \9th November, 1890. I'HE Committee of tl e Privy Council have had under consideration a Colonial Office | despatch dated the 4th October, iSflO, transmitting a despatch to the Foreign Ollicc from the British Minister at V/ashington, Sir Julian Pauncefote, on the subject of the Ikhrinp's | Sea fisheries question. The Minister of Marine and Fisheries, to whom the despatch and inclosure were referred, states that he has read with interest and satisfaction Sir Julian Pauncefote 's clear I statement on the course of the Hehring's Sea negotiations, and of the present situation of j the controvcrby. The Minister, while reconnmending that these despatches be filed for future reference, deems it a Julian Paul " The was to satii young from island?, an( those islam (jovcrnuicn of the fur-s The I\ necessary tc islands or 1 them, or to Sea, he (tli various arg ])rotcct feni scaling islrti from which seals with While there sealers of d and A))ril, ; begin what known to tl proceed wit rookeries, ai or spear, ne bcvond the i ■I'be M piL'tciid that to make sue Sir Julian I' The Ml cordialU " tl subjects fr hticli cxclt position w The Jliniile bi- I'or the Co foiwarded AD w lal ?ir, WITH trimsmit to from the ih snbiiiitting seals in Bid 77 deems it advisable to call your Excellency's attention U) the following remarks in Sir Julian Pauncefote's despatch, viz. : — " The result of the careful consideration which I gave to tiie evidence on both sides was to satisfy my own mind that wliile measures are called I'nr to protect female seiils with younsj from slaughter during well-known |)criofls of their niigiation toaiid from tlic hreedirii; islands, and also to ])rohibit the i\i)proach of sealing-vcssels within a certain dist;nic'-' of tiuise islands, the inquiry had failed to estat)lisli the contention of tiie United Istatcs' tjnvermnent that the absolute |)rohibition of piia;_de scalin;,' is necessary for the prcservalicu of the fur-seal species." The Minister further states that if Sir Julian Pauncefote means by this that it is necessary to restrict the hunting and killing of seals at all times when found outside of the islands or breeding resorts of the Behring's Sea, and the territorial watCiS surrounding them, or to prohibit the killing of seals found beyond tiic ordinary 3-niile limit in Hehring's Sea, he (the Minister) desires to say that, having given considerable attention to the various arguments adduced in support of the contentions that measures are re(|uired to protect female seals, and that the approach of sealing-vcssels witiiin certain limits of the sealing islands should be prohibited, he has failed to observed any satisfactory evidence from which it could he established that regulations are necessary to protect the female seals with yoimg within the Behring's Sea before they reach the bieecling islands. While there appears to be no good reason for doubting that considerable destruction by sealers of different nations takes pliiee during the months of January, February, March, and April, along the coasts of the United Stites and British Columbia, before the seals begin what may bo termed the direct Journey to the breeding rookeries, the best authorities known to the Minister of Marine and Fisheries go to show that female seals with young proceed with extraordinary rapidity on entering Behring's Sea direct to the breeding rookeries, and that during such time it is impossible for the hunters to secure them by shot or spear, neither can he accept the opinion that it is necessary to restrict pelagic sealing beyond the distance of the 3-niile limit. 'I'lie Minister, liowever, while lioldiiig slron;i views u|)on these points, does not pretend that a full and lliorough invesli;iation on the subject by those ispecially (pialificd to make such an examination would not su|ip(irt the impression apparently entertained by .■^n- Julian i'auncelote touching these phases of the question. The Minister, while differing from Sir Julian Pauneelbte on the foregoing points, cordially concurs in the concluding paiagraph of Sir Julian's despatch, wherein he states ; — ■ "That if the United States' (government peisist in their endeavour to exclude British subjects from any partici|)ation in (! ■' fur-seal fishery in Behring's Sea, on the plea that Slab exclusion is necessary for the p: js,ervation of the fur-sral species, they assume a pi)>ition which will not i)car the test of an impartial inquiry."' The Conuuittee, concurring in the above Report, reconuucnd that a copv of this Minute be forwarded to the Right Iloiuiurable Ibi' Majesty's Princiiial Secretary of State lor the Colonies, for sid)niission to Ilei- MajestCs aid agent of the now Company, " 'J"hc North American Trading Company,'' both liert; and in San Francisco, no doubt to gain Sfune advantage iur themselves. It is a fact well luiown to our sealers that during this year the only vessel that attempted to raid any islands was the American schooner, "Geo. R. White," on Copper Island, and last year two American schooners raided, but without nuich success. Thai onr schooneis have been most careful I can s;ifely assert, from my a(Miuaintancc and knowledge of the character of mailers and owners, lliat no attempt would be made by any o( them lo conunil any breacii of law (u- ititcrnational regulations. \'arious re|)orts have been telegraphed from here and San Francisco regarding the reported sailing of our schooners on a second erui/.e to Ikhring's Sea, as reported for the express ]un()ose of raiding the seal islands of St. Paul and St. (ieorgc. I inclose you a cutting Ironi one of our ncwspajjcra that gives the story. ,79 On the 20th September the Canadian sclioonei- " Triumph " cleared froni this port for a secon;] cruize in tlie North Pacific and Beiiring's Sea. Tiic same vessel was the first to return from Beiiring's Sea, owing to lark of success caused by boisterous weather, and the owners ti)ought best, rather than have her laid up to January, the time for spring outfit, to make reasonablo terms with the erew, and send her out for a second voyage, as it was considered that the sea's might move to the westward and he later. At this time it was known that the seals were found to the north and eiistward of the Islands of St. Paul and St. Gcc-rge. On tlie sailing of this schooner, which was done in o])en day, without any attempt at concealment, telegrams were flying all over the continent that a fleet of liritisii poaching sehconers had cleared for IJehring's Sea, to raid the I'rihylov Seal Islands. A lew days after a smull German sei.'ooner, named the " Adele,' cleared from here to Yokohama, .hipan. She was also reported us having gone to raid the Seal Islands. This having been rejiortc 1 to San Francisco, I am creditably informed that II. Liebes (of n. Liebes and Co.), the Kciidcnt of the North American Trading Com])iniy, the lessees of the Seal Islands) telegra])hed fo the United States' Consul here, and who seems to have been controlled by others, and i>c made representations to his Covernment, which I understand he has since denied, bi;t which, I think, there was no donbt, as Lieutenant Wooley, of the United States' cutter " Wolcott" came over to obtain further infor- mation from the Consul, and he als;) called at the C'usfom-housc, and when he left me he vvos, I think, satisfied that the whole matter had been misrepresenled to his Government • You will see by the inclosed newspaper cutting a co|)y of the order given to the revenue-cutter by tiie Assistant Secretary to the Treasury, O. S. Spaukting : — " lYidii'l catch them. " The United States' Government spends a lot of money foolishly. "The steamer ' Bertha ' lay at anchor in Port Townsend Bay all day Sunday. She was not attached to a British sealer either, as some thought she would be, when she came back to Puget Sound. She arrived early m the morning from Alaska, where she went three weeks ago in charge of Captain Ilussel Glover, of the revenue-cutter ' Wolcott,' anil Lieutenant Benhem, of the Revenue Marine .'Service, stationed at San Francisco. Captain Glover was seen by a reporter, and he stated that he went only as far as Ounalaska on his cruize. There he found the cutter 'Bear' in charge of Captain llealy, and delivered to that officer all orders in his possession. " It will be remembered that cpiite a ripple of excitement was caused some weeks ago by the report that the United States' cutter ' Wolcott ' had been ordered to Beiiring's Sea, and that the steamer ' Bertha ' went in her place. The following orders were the ones sent on to Captain Glover : — " ' Washington, D.C., Septmber 22, 1890. '"Captain RusscI Glover, Revenue cutter "Oliver Wolcott," Port Townsend, Wash- ington. " ' The schooners " Triumph," " Adele," " Mary Ellen," " Pathfinder," and probably others, are reported to have left Victoria for the Seal Islands within the past three days, for the purpose of raiding them. Yon are hereby instructed to promptly iiroceed to cruize about the islands as long as the weather will ])crniit, and spare no effort to protect the rookeries. " ' You Hre not instructed to warn raiding vessels off, but are instructed to discover them in tlie act. If they are takinir seals on hind at tin- islands, seize and bring them to Sitka. In brief, get them with evidence to convict. " ' Give II copy of these instructions to the " Hush," or " Bear," who are hereby iubtructed to be governed by them. " ' It may be well for you to obtain additional information concerning the raiding of vessels from United .States' Consul at \'ictoria, if you can do so without delaying your departure. (Signed) '"O. S. SrAULDixG. "'Assistant Secretary, TVeasurer,' "The 'Bertha' took the place of the 'Wolcott' on account of the lattcr's unsea- worthiness, and supplies and men were transferred to the ' Bertha,' the Government 80 payiii!; 200 dollars per day for lier, and the stciiiner started north. After meeting tlic ' Hear' at Ounalaska, the ' 15ertha ' was laid up for a few days for some slight repairs, and while transferring coal and supplies taken up for the Dading Company. She also jjicked up thirteen seamen belonging to the wrecked whaling-scliooner ' Thomas Pope.' These will bo taken to Seattle by the ' IJertha,' which is now lying in Port Townsend Harbour. "The cutter ' Bear' proceeded at once to Behring's Sea, in charge of Captain llcaly, to carry out the orders of Sjiaulding. From the last sentence of his olficial despatch it is evident the original information was sent out from Victoria. "Lieutenant Willey admits having gone to Victoria to sec what could be found out regarding the matter, and he was told the 'Triumph' and 'Adele' had both cleared. The former was flying the British flag, and had cleared for Behring's Sea. The ' Adele ' was flying the German flag, and was on the way to Behring's Hea." The only vessels of our sealing fleet that have cleared, up to this |date, from this port are as follows : — Canadian schooner " Triumph," Cox, master, North Pacific and Behring's Sea. German schooMer " Adele," Hansen, nuLster, yokohama. .lapan. Canadian schooner " Mary Taylor," Petit, master, South Pacific and Galapagos Islands. The " Triumph " clearing on the 20th September, the '' Adele " on the 23rd September, and the " Mary Taylor" on the 1 1th October last. The master and owners of the "Triumpii " assured me that the vessel will likely circle out of Behrinij's Sea towards the Kurile Islands, and endeavour to follow the track of the jieals, probably returning by way of Sandwich Islands. The German schooner " AdiMe," I am satisfied, went towards the Kurile Islands, on the Asiatic side, and from thence, I believe, goes to Yokohama, .Japan, where her owner resides. I have endeavoured to make clear to you the movements of the only vessels of our sealing fleet that have left our port (the rest all being laid up here until January), as a refutation of the many absurd rumours that have appeared in the American press as to the number of our vessels that had left on a second cruize, for tiic express purpose of raiding the Seal Islands. In my letter of the yOth ultimo I inclosed a statement of the number of seals caught by each of our vessels, as well as the number sold here by foreign vessels. I would now most respectfully beg to point out to you the mnnber of seals taken on our coast, which I have designated as the Coast and Sand Point catch, which are both coast catches, Before this year there were only two divisions made, that is, the early spring and the Behring's Sea catches, and consequently the seals taken from Vancouver Island northward were taken into Behring's Sea, and, on the vessel's return, were credited as being taken there. This was manifestly wrong, as you will observe by my statement that HiJ'.i'I seals were taken from Vancouxcr Island to Sand Puint, on the Shumagin Islands, and otdy 18,105 altogether in the sea. The statement sent you is correct, being carefully compiled by myself, and which will constitute the manner in which we will keep record of future operations, as by this year's statement it is clearly ])roveii that sealing is not altoijether confined to Behring's Sea, and that we have in the North Pacific a considerable portion of this industry. The statement reads as follows : — Sch< Canadian vessels — Spring coait catch Saud Point coast catch Hchrin);'s Scu , . . . . . Difference in favour of coast catch 4,050 16,73^ 21,liML' 18,105 3,217 Referring to my letter of the 30th ultitno, I would beg to make some small correction as to the purchasers of sealskins this year at this ])ort. I would now say : Tliat nearly the whole coast and Sand Point catches (that is, 4,870 and lf),7-'52 this year) were principally purchased l.'V Morris Moss, the resident agent of the firm of H. Liebes and Co., of San Francisco, Calitbrnia ; tlic said 11. Liebes being the President of tiie Nortli American Trading ("oini)any, vvho are the present lessees of the Seal Islands in Behrinu's Sea. The portion ot the Hehring's Sea catch purchased by the said Morris Moss for the said IL Liebes and Co., of San Francisco, as reported to me, were as follows : — The oth principally by of tliem was s 1 would f while this yei Point catch II per .skin, the i afford to send I would i value of vessel snn-e adverse i as usual, with( are a credit to Siotia, and oti their outfits, bi ri'tiiiiiiijiiK out tlie year. I have tal with the high | good vessel car shown that in mo liollars pel tlie usual pri east. So it and adiipteJ otiicr portion kind oC guns to ocean se ';x|i('iisive, so 3,101) and ai(- not less t anew, iiichn five sell sailed via Ca all schooners tliat has iefl a niinihcr of is alisdiutely ai.d none con our ()«n Cai loniicrlv. 1 have aiul Masters ; I aui jirornise' liireuitli. 'he term An\ [!.n] 81 SchoonorH — " Knte " •* f nvouritc *' "Addle" " IViiilopu " " W. I'. Say ward ' '• Ariel ' " Sea Lion " Canadian Vessels. Skin'<, •^,1(1 1,110 4;u 4.)!) 1,1:17 771 The other portion of the Behriiic;'s Sea calch which was sold here was purchased prinripally by M J. Davis, agent of Joseph Uhlniunn, New York, but aconsideiuble portija of them was sent to London by the owners direct. I would further beg to [joint out that the price of sitins last year, 1889, wns 7 dollars, wiiilc tiiis year the pries have ruled high, the eaily sprnig catch at 10 dollars, the S.md Point catch 1 1 dollars, and tnc Hchriiig's Sea 12 dollars, and in some sinall lots 13 dollars per skill, the ii;;cnt of H. Licbes and Co. being active competitors, hut those who could afford to send their skins to l^ndon did better. Value of Vessels. I would beg further to call your attention to the statement already sent you as to the value of vessels and outfits, crews, boats, &-c., engaged in the sealing; business. I have seen snn-e adverse statements made .is to the value of our sealing vessels in eastern i)apers, and, as usual, without any knowledge of the subject. I can assure you that our seuling-vessels are a credit to iiur port, the greater part of thciii fine schooners taken roiMid trom Nova Srotia, and others that have been l)uilt here. They aie all well found in every particular: tlicir outfits, boats, guns, &-c., are excellent. Tliey are all fleet and excellent sea vessils, remaining out at sea on the Pacific during the fierce gales that prevail duiingthe spring of the year. I have taken considerable care to ascertain the value of new vessels built here at present witl] the high price of labour, and 1 lind that 1 (H> dollars per registered ton is as low as a gdoil vessel can be built lor in this province. Snme have doubled this, but experience has shown that in some ca-cs it has cost I'Jo dollars, but at the present I am assured that \W dollars per reiiistered ton is a fair figure, while in Nova Scotia and Xcw Hiiinswick the Usual ])rice is 50 dollars |)er registered ton, being doubh- in this province to >vhat it is east. So it is with the boats, which cost from l-H to IGO dollars. Tliey are made aiul adiipteJ to the scaling business, and vessels will carry from six to ten boats. 'J'hc otiier portion of their outfit is like»vise expensive, more especially reijanniv^ the particular kaid of guns and costly rifles that exjierience has taught the hunter to be best adajjlcd ti) (icean sealintr. These guns cost 55 to 05 dollars each, and the rifles aie also '.'X|ii'nsive, so that when these larger vessels arc ready lor sea their outfits will be between 3,1(10 and 1,000 dollars, and .-mailer ones I have been informed, on best authority, are not less tian 2,500 dollars. It must be borne in mind that these schooners will carry a crew, including hunters, of twentythree or twerily-five men. I'ive schooners will be adiied to our fleet fron Nova Scotia this year. They have already sailed via('a|ie lloin, and also one sehooner purchased in Yokohama, .Japan. Th all sehooiiers from 70 to 1 10 tons register. I understand that each ot the schooners that has left ilalilax briiiys a lull cicw of hunters. 1 have also seen it stated that a luimher of American schooners were going to sail under our flag in sealing. This is alisoluiely not Irue. There are no American schooiicrs changing their flag at present, and none contcniplated. As a f ct, the American sciiooners have not been as sueci sslul as our own Canadian vessels, and fiwcr- of them have visited our port last year than formerly. 1 have the honour to inclose you some further information as to the Owners and ^lasters Association. 1 send the newspaper cutting, which, 1 believe, is correct, but 1 am promised a lull copy of the proceedings, which, if 1 receive in time, I will inclose iKreuith. 'he terms arc :-^ Am Ininlir |iio('uriii(; 400 srnls iimI upward ■ ,, „ ;iOI) ti) 400 ,. 2(10 ti) .■100 „ Khs tliuii I'OO [!)5] Pol. c. 2 .")0 piT skin. '.! (10 „ 1 r,o I 00 „ The owners liave liound tlicmselves, in the event of the hunters not accepting tliis sciile, to import new liunters from the east, and no schooner to engnge, in any ease, more than three of tlie old liunters. " Intcri'slltKj to Healers, " On Tnosdav a meelinp; was iiehl hy the owners and masters interested in the seiiling industry <>i this jiort, tiie gathering having been called to deal with several matters of vital interest to all parties conceriU'd. Captain Warren was asked to take the Ciiair, Mr. Richard Hall, of Hall and Cloepel, ;icting as Secretary. The outlook for the next season was discussed at eoiisidcralile leiiglh, as was the result of the past one. !t was t'ne ojiinion of all that the jiriee of skins this year was consideralily ahove the average, and that it was hiiihly proiialile that a drop in prices would take jihu^e next yeor. The reason tor the increased prices for the past season's catch was held to he due to the fact that the bi.d weather had been against a big catch, and that the shortage naturally made a livelier demand. " The (piestion of jiay for hunters and boatmen then came uj), and the adoption of a scale ]ier sealskin was discussed. It was admitted hy the owners, many of whoiii are practical nun, liiat the business of seal-hunting was a dangerous and arduous one, and one that should in all fairness be paid for in a liberal way, but, at the same time, the u'lcat risks in tiic sealim: Imsiness, together with the uncertainty of the markets, made tiie payment of an excessive rate entirely out of the (piestion. It was also shown that a i:ood iuinter, one who was able to get many seals, was a cheaper man at better pay than was a poor one. An indifferent man occupied a boat and kept two boatmen at work, while the result of his season's work might not be sufficient to pay interest on the capital invested. In view of these facts, the following scale of wages was unanimously adopted: — f]) 111 l'.)(i „ 1!9'J „ :t'.i;i Kill iir Dvpr (llt'V pups. Oiicll Cal since the '23rd .Inly, IM'JO, on the Hchrinft's Sea (inestion. This eorrespondeiiee consists of your I/miship's desjiatcli to myself of the 2nd August last, and of Mr. Hhiine's note in reply of the I 7th Deecmher, e()|)y of which 1 liiid the honour to transmit to your Lordship in my despatch of the lOtli ultimo, I have, &c. (Si-ned) .JULIAN PAUNCEFOTM. Inclosure in No. 26. Prenidcnt's Message. l^cfil Finhfirirs of Jiphrinifs Sea. To the House of Representatives, IN further resjiouse to the Resolution of the House of Reprcscntiitives, refpieslina;, me, if in my judfj;iTicnt not iiicompatilde with the |nihlie interest, to furnish to the House the correspondence since the 4th Mareli, 18H lic'liriii^'s Sea, I imi diri'dcd hy Lord Kiiiilsrord (o transmit to yoii, to lu! laid lieforo tlio .Mai(|uis ol' Salisliiiry. an extract of a df-])atcli from tlio (iovcrnor-fJcncral of Ciiiiada. »i(li a Minute of liis I'rivy Council, Kul)mitliii^^ a Itcjiort liy tlio Minister of Marinu ami fisheries on Mie Coniin indcr-iTi. and I'isliories on the letter from the C(jnnnaMder-iu-<'hief on the Pacific SfatioH as to the seal lishery in l?ehrinL('s ,Sca, copy of which was in .dosed in your Tjordsliip's despatch of the r)th November last. I'lclosure 2 in No. 2^. Rppiiil (if a Comniitlre (if llir llniinurdhle the Privy Council, .ipprnvcd hij lii.i Kirdlcnni llic Oovernor-GenernI In Council, nn the .3l.v/ Dcrcmhcr, ISI'JO. 'rilH Commitioe ol the i'rivy Council liiive had under consideration a desjjatch, uated the .')lh Novemher. isJiO, from Lord Knutsford. transmittii!;^ a copy of a commu- nication, rei-eived through the l''orei;!;n Oliice from the Admiralty, indosiiin^ a Report from the Commander-in-chiel' on the I'acilic Station concerning- the seal fislicry in Hehrinif's Sea. The Minister of Marine and I'^islieries, lo wliom the despat(di and inclosures were referred, suhmits the annexed IJeport thereupon, in which the Committee concur. The Committee ad\ise that your I'ixcellency he move i to forward a copy of this I'eport to the Hi;Li;ht Honourable the Secretary of State, for the inforniatiou of Jlor Alajesly's (!overnn\ent. All wliich is respectfullv .suiimitted for your Excellency's ajjproval. (Signed) JOHN .). McGEE, Clr,-ii, Privi) Cnunril, (Extract.) THI'j Undersi^'ned enveriiii!; a letter i'rom Imd'^sure -T in \o. 2>''. ifr. Tapper lo LnnI Stanlrii of Pri:ttriii. Department of l-'is-lirrirs, Cniuula, bltaira, Xorcndirr 27, 18!)(). has the honour to acknowledi;o your Excellency's relerence. Her Majesty's Principal Secretary of State for the Colonies, transniitlin;; a copy of a communication received by Lord Knutsford through the Foreign Oilice from the .Vdmiralty, inclosins; a lieport trom the Commander-in-chief on the Pacific Station concerning the seal tisbery in Bebring's .Sea. The Undersigned has caretully perused the letter of the Comm.ander-in-chief of the I'acific Station, in which he reports to the Admiralty tbe return of the scaling schooners fniui Heliring's Sea, and cerlain information which, he has gathered from the captains of the schooners respecting the nature and extent of this season's catch of seals. The Undersigned would observe that niter full incjuiry through the Collector of Cii>ioms at tbe Port of \'ictoria, I'ritLsh Columbia, he submitted a l!e|)ort upon tbe siiliject of this season's catch, which your Excellency approved, on the 17tb and I'.itli November, 18i)0, and that tbe informaiion thus conveyed to Her .Majesty's (io\ern- inent is .snpi)lemented by a further I'eport from tbe Umlersigned based on additional iwrticulars from the Collector of Customs at Victoria, under date the lltb November. • Sec No. 13. 86 Pnr.agraph 6 of the Report of the Admiralty from the Comniandcr-in-cliief on the I'aeific Station, to wliicli sju'cial attention is directed by tlic Admiralty, is as follows : — " 1'liey (tlic captains of the sealing vessels) also mentioned that two-thirds of their catch consisted of I'emale seals, hnt that after the 1st July very few indeed were captured * m pup,' and th.it when sealing outside the Ikdiring's Sea round the coast on the way u]) (where this year .he heaviest catches were made) they acknowledged that seals ' in pup' were fre((uently captured." The Undersigned would remark upon this, that .seal-hunters are in the hahit of classifying seals as males and females when assorting their catches for the markets, regardless of the sexes of the seals; in other words, all seals of a standard size and over are classed as males, those under the standard si/e heing classed as feimiles. It does not appear from Uear-Admiral llotham's Uejiort, that in his invostigatioiiH any special examination was made as to the sexes, and the Undersigtied would remark, in passing, that very careful investigation is necessary in order to distinguish the male from the female seals. l{ea(ling paragraph 0, however, as :i[)plicable to the ex])erience of the hunters previous to their en!ering IJehring's Sea, the views conveyed hy liear-Adniiral Hotliam to the Admiralty are not inconsistent with information received from time to time hy the Under- signe', to the efi'ect that a considerahle numher of fcMiale seals and seals '-in imp" have been taken outside of the ISehring's Sea. in flic great watt rs of the Pacific Ocean, and along the coasts of British Ciilumbia, Caliroriiia, and Washington territory, '('he Undersigned, upon tliis phase of the sealing industry, moreover, would f-'inark that neither the United States nor any other nation has yet expressed willingne.ss to consider a close season. covering the great waters of the Pacific Ocean out.sidc of Rehring's Sea, so as to prevent the destruction of seal life. The Undersigned is of the opinion that, ujjon investigation hy experts, it nnglil possibly be found necessary, for the ])re.servation of the fur-seal sjiecies, to establish Regulations in order to prevent this slaui;hter upon the coasts above mentioned. There is evidence that the slaughter of the females when '-in imp" occurs while the seals are travelling >luwly up the coasts on their way to the rookeries in JU-hring's Sea, when resting, ])layiMg, or feeding, hel'ore they have begen the more immediate and direct journey to the breeding islands. There is, however, it is sulimitted, no satisfactory evidence to establish that when the seals have once passed tlirougii the Aleutian Islands on their course to the breeding rookeries, that it is possible for hmiters to shoot or Indians to s])ear them; on the contrary, there is reliable authority t'or stating that the Journey throiinh the Aleutian Islands and to the breeding grounds is direct and swift. It IS known, moreover, that the jielagic sealers in hehring's Sea obtain their catch chielly from the "bachelor" seals and the "bairen cow " seals, found at diti'erent points oil' the rookeries, at periods wh(m the breeding seals are mostly contined to the islands, and the waters immediately smronmling the islands. N/r ,/. Piitiiirct'ulc Id llii .\o. 2!). of Hiilishiiri!. -(HrCl ;! Iu-Ij ■hniiiiii 10.) Mm ipiix (Telpi^raphic.) \]'iisiiiiii/l'.ii, h'i'liruartj '.), ISOl. L\ an interview which I had to-day with .Mr. IJIaine he told me that he had been intending to write to me to ask whether he was to consider thi- diplomatic correspon- ilciiei- on the Hehring's Sea (incstioii suspended or closed in view of the Icijal proceedings in the "SaywanI " wise now hel'ore the Snprenu- (oiirl. J said that I bad no instnietions on the subject, but that in vii'W of the reported i'C])ly of the J'arliamentary Unoer-Seei'etnry to a (]nesli(jn in lln; Jlouse of Connnoiis that the leg;il proceed iii<.,' in (|i!(sli()ii was in the nature (d' a private suit, and did ihii iiiterli re w itb the ])ending neu'otiul ions, I did not think that yoiir Lordship eonsidercil \\w (liplonialie correspdndenec <'lose(l or even susjamded, .1 added, however, that I WKiild iul'orni your Lordshi]) of the incpiiiy he had made. riu No. :!!.'. Moniii'is of fialhlntii/ I') Sir J. Pauncefole. (Telegraphic.) Foieitjn Of/ire, hrhrunrii 10, l.sfll. WITH retereiice to your telcfiram of yesterday, I have to inform you that ;uy reply to Mr, Blaine's note of the ITlh I'ecend)er, on the subject of IJeliring's Sea, will he sent very shortl ])oin(s. There the " W. P. Sir, THE (1 (iin-idered b carried on 1 coirtroversv. I!ehiiug's ."-^c cNjiress lerrr in the open llio United I ii.itio'ial law, ;ir<'seiv,iiion 'lie most ser I'.iuer riifbls The clai other natioii- imrrhase they which jirohib (■•1,1- Is and is ^land, conten 1 kase, posse«' "f issnir".'' i? r, they wouhl nr accji HI '(sel ^'< rmueut iiMirpation ; tlic Jhilish <; I am ■I!' dust anotl il it is forma ilocisioii is w] (heat Ih-itair that not only im, has that if can b d"' l«th .lam, tlicii British I'lissian Ambi "Upon principles of '|» liiissia ovei and trading w understood the intercom -^iilisisted on die ships of •i|'P''i'lain to I fnuld, by th,. Ji'tanee o[ 10 (til the ■'I \ erona. ail " Object i J migl;< save 0'-'] «7 very sliortly. 1 linvo dclnyod it, wiili tlie olijorl >>{' oljtainini;' information on a few ])oinfs. 'rhcro is not, in my view, any ("onnoclion butwc-'n tiio loixal proeocilinn-s in tiic case of till' " \V. I'. Sayward " and tlu; diploniatii' correspondence witli regard to Behring's Sea. ^0. .".1. Till' ^Iiiriiu'ix nf !^idorc(l by llcr ^^aicstyV ( lovcrnnuMi!. The cU'ect of the discussion which has been carried on between the two Governments lias been niateiially to narrow the area of cdiitroversy. It is now (piitc clear that tlie advisors of the President do not claim llcliriiifj's Sea as a miirr rlaiisitm, and indeed that they repudiate that conti'Ution in cx])rcss terms. Nor do they rely, as a justification for the seizure of British ships ill the open sea, upon the contention that the interests of the seal lisheries give to the United States' (loveriiiiient a.y right for that iiurpose «liich, according to inter- imtional law, it would not otlu'rwise ])o>se>s. Whatever importance they attach to the jircsciv.ilion of the fiir-seal species,- -arid tiiey ju>tly look on it as an object deserving the most serious s, licitnde, — they do not conceive that it confers iiiion any .Mari'.iine Power rights over the o[ien ocean which that I'owei ciuild not assert on other grounc s. The claim of the United States to prevent the exercise of the seal fishery by other nations in IJehring's Sea rests now exclusively upon the interest which by piircliasc they ))osaess in a Ukase issued by tiic Kmperor Alexander 1. in the year 1821, whii'li ])roliibits foreign vessels from () Italian miles of the coasts and islands then beloiming to liussia in lleliring's Sea. It is not, as I under- stand, contended that the Uussian (!iunption of this power is contrary lo the law of nations; and we cannot found a nenoti.ition upon a paper in which it is a^inia hvoadly asserted. We contend tluM no i'ower whatever can exclude anotlu'r from the usi df the open sea; a I'ower can oxchuh' itself from the 'lavin'atidii of a ccilain coast, sea, Src, by its own act or cni;a!:;enient, hut it cannot hy riplit he e\chided by another. Tliis we consider as the law of n.'iiions; and we cannot nei^oliate upon a paper in which a r'f;lit is asserted inconsistent wi(h this iirincijile." Ft is evident, therefore, that so far as diplomatic representation we,i, tl o Kinn''s Oovernment of that date took every siej) which it was in their power to take, in order to make it clear to the l!us?iau rtovcrinnent tliat (Jreat I'ritain did not accept the claim to exclude her subjects for 10i» miles distance from the coast, which had been put forward in (he I'kase of 18-1. Mr. Blaine does not deal with these protests, which ap]M;'ar lo Her Majesty's Oovernment to be in themselves amply sullicieiit to decide the (juc^tion, whetluM' Great I'oitain did or did not acepiiesce in tlie Russian claim put forHard by the Ukase, lie contines himself mainly, in tlic despatch under consideration, to (he consideration of the Treaties which were sui)sefpieiitly made between Great Britain and Kussia and America and l?u-sia in the year IS'J.": and especially of that between l?ussia and Great Britain. This Treaty, of wliieh the text is printed at the close of jMr. I'laine's despatch, does not contain a word lo sioniiy {ho jic(|uiesci'nce of Great Britain in (lie claim receiidy put forward by I'nssia lo control the waters of the sea for 100 niilos from her coast. There is no stipulation U])on which this intorpretiition can be imposed ))y any process of construcliou whatsoever, lint there is a provision havinj; in our judgment a totally oii))osite tendency, which indeed was intendcil to negative the exlra- vajrant claim that bad recently been made on (he part of Kussia; and it is upon this jirovision (ha( the main part of Afr. Blaine's argument, as I understand it, is founded, The stiiiuialion to which 1 refer is contained in the 1st Article, and runs as follows: — " Ariicle 1. it is ntirecd that the resiiective subjects of the lliiili Contractin;; Parties shall not Ije troubled or molested in any part of the ocean, commonly called the Pacilie Ocean, either in navii^atini,' the same, in tisbinp therein, or in landinj;; at such parts of the coast as shall not have been already occupied, in order to trade with thu natives, under llu^ restrictions and conditions speeiiied in the followinij Articles." I understand Mi-. Blaine's aru'mnenl lo be that if (ireat Britain had intended In ])rotcst ajiain-t the cli'im ot liu^sia lo exi^i!;il:.iii distiiicl IVoni (li;it of " I'arKic Ocean" is given to jk'liiinic'.s Son; eillid' '• iii'ln-iii;;%; Sea,'' ver acquiri'd hy the Ukase any right to curtail the nattuvd liiierty of Her Maje-^ty's subjects to iiaviiiate or lish in these seas anywhere outside terviterial waters. And what Russia iliil not herself pos-css she was not aide to tran-^mit to the United States. KiT .Majesty's (iovernment have, in view ot these con-iderations. no doubt wiiatevcr that B: tish subjects enjoy the same rights in I'ehvinu:'s Sea which belong to them in every otiier portion of the open ocean; but it is, nevertheless, a matter of sincere sati faction that the President is willing to refer to arliitration "hat he conceives to be the matters which have heen under discussion between ilie two Governments for the last four years. In regard Ui the ipiestions as they are jiroposcd hy .Mr. Blaine, I slunild say that as to the first and second, no objection will l)e idlered by Her .Majesty's (iovernment. Tliev are as fv'Uows : - "1. What e\clu-i\e jurisdiction in the sea now kuown as liie iJeliring's Sea, and what exclusive rights in the .seal fisheries therein, did iiiissia as-crl anil e.xereise prior .'iiiil up to the time of the ee--ion of .\h;ska to the United States .' •'2. lieu far were tlie.«c claims ol juri--dieii it uould he their liuly lo take exception : - "What right-, if any, in the Behriiig'.-, Sea were given or conceded io Great Britain hy the said Treaty .'" Great Britain has never suggested that any rights were iiiveii i(> lu er conceded to her by the said Treaty. All that >vas don-, wa- lo recouid/e her uuiural right of tiee iiavinati(m and (isliinj; in that as in all oilier p.iris of the I'aeilie Ocean. Russia did not f;i\c those rights lo (jre.it liritain, beiianse lliey were never her- to give ;iway. "1. Did not all the rights of Russia as to iurisdieiion and as to the seal lisheries iit liehring's Sea cast of the water houinlarv in the Treaty between the United Statcii and L'JuJ ' O :i GO Riissiii ol' (lie 30th March, 1SG7, pass unimpaired to tlie United States xuulor tliat 'JVeaty ? " II Arl)itnitor, ao Croat liritnin 'I'hi^ louilh i|UOs(ion is liarilly woitli rol'i'rriiii;' (o a wdiihl lie jircparc'd to accojit it without ilis|iutc. 'I'ho lil'tii ])ro|iosed question ruu« as lollous: — " 'i. AViiat arc now llu' riuiits ol' tlio United Slates as to the fur-seal iislieries in tlio waters ol' tlie IU'hrinj;"s Sea outside of the ordinaiy territorial limit-;, whether siieh rights grow out ol' the cession hy lvussi:i of any special riiilits or juri>di(,'tion held liy her in such fisheries or in the waters of ]5ehi'inj:".s Sea, or tnit, ol' the ownership of tlie hreeiiin;' islauils, and the hahits of the seals in resortiuj;- thitiier and rearin^j; tiieir youn^ thorooii, am! j;'oiiig (Uit from tlie islands for food, or out of any other fact or incident coniiectul with the relation of those .seal lisherics to the territorial [lossessions of the rnilcii States r" The first clause, "' What are now the riulils of the United States as to the far-se.i' fisheries in the waters ol'tiie l'.elirin;.''s Sea outside of the ordinary territorial limits :*'' is a (juestion which would he very properly referred (o the decision of an Arhitrator. Hiii the suhsei|Ueiit clause, which assumes that .such rights coidd have grown out of tiic ownership of the Invcdirg islands, and the hahits of the seals in resorting thereto, involves an assuuiptioii as to the prescriptions of internntional law at (lu.' pie>eut tiiinMn which Her .Miije^ly's (Joveriiment are not [iiepared to accede. The sixth (piesti(ni. wiiicii deals with the issues that will arise in case the controversy .should he decided in favour dl' (ircat Ihitain, would ])erlia]is nmre fitly form the suhstance of a separate reference. Tier .Majesty's tiovernment have no ohjectiou to refer the general (lue-thiu of a cloji- lime to arhitration, or to asc(.'rtain hy that means how far the enactment of siicl) a ))rovision is necessary for the preservation of the seal species; hut any such referein'i- ought not to contain words appearing to attrihute special and ahnornnil rights in tlii nnitter to the United States. There is one omission in these (puvstions which I have no doiiht the Goveiiimeiit of the President will he very glud to repair: and that is tiie reiereuce to the Arhitrator of the (pioiioii, whiit damages are due to the persons who have heeii injured, in cn.se i; shall he deiermined hy liiiii that the action of the United Slate> in .seizing liritish vossci- lias lieen without warrant in iiiternatioiiai law. Suhject to these reservations, Ihr .Maje'sty's ( iovernnieiit will have great .satisfaction in joining with the fioveriiment of Ilk' United States in seeking hy means ol' arhitration an adjustment of the internatioiiiil (juestions wiiieli have so long formed a nnitter of controversy hetween the two (ioveni- ments. I have to re(|nest that you will read this (los])atcli to Mr. lilaine, and leave' a copy of it with him siiouid he desire it. 1 aiu, &e. (Signed) SALlSBUin'. A J' I' UN l)[ X. liilliMii, .I'lliii. Kani-'^elintka Sea, !■> o lar^'e liram-li '.I' the Orii'iilid or Xeilli I'milie (liiaii. Naval (ia/uttCLi,'' |{eelill''',s .'stiaits, wliiuli is llu' oa.ssia'c I'lum tile Xiil'Ui l'a"ilii' I Iri'aii In the Alvlie .'^i a. 7(15. ri.okrs, 11. I'li'criiifi's l-.!aiiil. .\li islaiifl in tlic Uacilie I Ireaii. | I'.rliiiii'j''- l-laiul i-. in lieliniii^'s .Si'a.j Crnfral GaziUf.r." Kaliiselial !<.!. iidliliilL'il east mill .simlli Ivv I'aeitii'. 802. Iiinli'liore. "tiiiii. KallllKcJialk.l. I'liailliini oli llir mvlli liy ihe riillllll'V Hi llie l\ollai> nil llle ea.^1 and Sillltll I'V lercial Uli-tionary.' ||,|. ,\,i:Ul I'licilic Uia'lUl, lUul nil llii' Wcsl I'V the .'Si'a nl' I )knl,-k 903, ncrigrailllical lleerillu's l.sllUld. lullin Xill'tll I'lO ilii < •(•(■all. licUoiiary.'* Ixaiiinn, «M. •ihtivi'll, ('. "Ni>« r.ei.'riiiij's Islanil. .\M islaiiil in tlie Korlli I'acilic Ocean. ■'■""I '!"«'>'"■" Kaiiili hatka. liiver, wliiili runs liiln the .Vnrlli I'aeilie n,, oi. Kaiiileliatk.i. I'ensiii>iihi, linninicil nii tlm i-.i-l ami .scmlli jiv llio Xnvlli rai-ilie Oee.m. nail, 11. "Com. I -lai|i|> ii' I lie Ka.stel'U nl' Cil'i mI I'.nilir (.)i.<.ail ; iiliel-in^'n Ul". ;mm iifflro. ia|.liy." 1815. lalli-iii, ,1. fi. A. Slllli . .Mill. \'nni .'i iiniill. Ill', all his .'iM' li. I ii|i.'Hslr,....ie aiirwiil'lJ, ijtul.s liellii;i- .SlullUC, i;.uRra|,l,i.rl,.. ; 11, |,i ii,£'., .Mi.uL is at the Imrllielii i xtii-lnilv ,1 lirhilliK'i-.Sea I .111, 1822, Av-:-:V. 91 f! Jliliiinp's It,l;m(l. All i.-tland in tliu Norlli I'aritlc Octiui. "Edinlnircli c;i- vttrcr," Edition 1822 vol. i, p. Ui. lli>irill^;'s Islullil, 111 (lie Nurtll Pacific Oci.'an. "Genernl Cazetleer." London, IB23. Dfirlli'^'s I^"'<''." Slilic:! MciT. Voiii .'ill hikIIIcIht Iiri'ilc Ins zniii .'i iii'^nlliclu.r I'liciio vmliiiiit is ilnrcli M'ini'. Stiin, Dr. J. C. Ilriti'ikril uml Stillc ili'ii uaiiicn ili?s Stilleii Mccre ; vnii da an bis zur IScriiii'SStiu^aij isl es licl'tiiron !! Gi'o(!''»iihi«clie»- ,, • n ft Sintlstiscdi's Hand' >■. ;]!IMH Ullterwortm. w„rt«rln.oli." Ilnlb'TaUdt, 1829. linlill.^'.i Island. Ill llic Nultll I'arilK; ( liji.aii. •• Ponny National Library : Geni'rapliy' nnd GaitttciT." IMO lllir-iiii^r's Stiail iiiimi'i'ts iIr! ridzm (Jcraii uilli tlio I'.irii'i.'. Till' .Viiadir llnwrt inl'i tin' I'acilic ( Iri'aii. The Jirincilial liiill's ul' .Asiatic Ilnssi.i an : iIm' liiilf nf Anadir, mai- lUiiiiiii.''^ Suail : llni So.i nl' I'oiijiii;i. and lln- ( lull' of ' ikliol.sk, liclwi-cn Kaiiili lialkn and tlio mainland "I Itiissia— all tlin.i; in tlic I'.iiilir I Icl'ail. l.'iic'.aii ra(ltii|ii<.' lioival s'l'^tfiid di'iiui^ le li.'iroii ilr I'tdiriiiL; jiisiinaii tvopii|iic i\f CanuiT. " ?r,V-i4 do l» Gi'o. graphii' UniTerni'Ue,'' par Malt(>.Ilrun, vol. ii^ p. 181, Sditi'iM IM3.0. .4rrnw«mitli. " Grammar iif Mfkl.rn , Gcojfraphy.'' 1832. 1,'- lli'iroil do Iieliiiii;^. -V coiiimi'iiii'i |ial' co dc'-lrnil. \c (liaiid Ocoaii foil Ocisiii I'rtciliiiuc'i I'oruiL' Ditto, vol. viu, p. 4. ';. !i!!iiu- oiii'ntalo do I'.Vsio, IklniiiL; (Ili'tloil i'('li'-liio). II joint l( li.-oaii < ilaojal .Vr. linuu an Ciaiirl i_ln.-;in. Lannloii. •■ DiL-ti.m- imiri- de Geographic." 1838. Till' I'aoitii,' llioaii. Il- lioiiiidary-lino is ]iii'lly wuU dult'riiiiin.'d liy llie udjaccnl ooiiliucnt.s, " Ponny CyilopKdia," 'ji:i'li ii|i|iioacli ono aiiotliii- luwai-ils tlio in'itli, and al Itoliriny's Stniil wliicli soparalus tliein, art- only "*<"• .I'liut 'M'l iicilcd a)iart. This .strait iimy Ik' considorcd a.-< clo.siiif,' tW- I'ai-ifn; on tiio iiortli. Bi'iiiiii'4 I'lK'troi; do) ii ro.\troiiiito ii'ird-cst di I'Asii! soparu oe CnntiiKiiil ilo rAinoriiini' et " Dictlonnair.- Um rdcriin Cdai.'ial Ari'tii|iio do I'dcoan raoilii|iio, ''."[«'■' il'IIiitoim h d> lli'hiiii- (Mor ih'}. iiaili'- do rOcomi l'acilii|no. M "N^Houi'ilet'." Paris, 1842. IJi'liiiii'.; illolioit dol. Canal do lod'an , . . . nnis^anl. les oaiix du rUt-uaii I'aoiliqiic a oolles de " Diciioonain' G(;o- lltM'iUI Alcli.Alo. eraplnqup ,.l .Stalia. ^ tHjue, par Adnen liuibi'rt. Paris, ll*.-!'', I'ai ilic llct^an. UftWi-cii Iiinoiuido 70 wc.-l and lln" pasl. tliat i.s fop a siiiu'o of ovop ISII° — il "Th.. NV» Am.Tirai. vi i.s tlie opoater part of llii! earth's siirraco, from iJchrliio's Straits to the I'olar Circli', thai soimrales '-yflopaidia," tdit.'d |i; l..i,i tho Aut«r.'tio I.....HU. I'Lte dS ■"" New Vo;k, 18.-)1. lifliriiio (l)olroil lit'). ( alial ilil omix do rOn'an I'aclliiiuo .'i lollo.s du "Grand Diciionnaire f'"':'-aii Glacial .Irctniiif. ^'' '"'oKrapiiic Uni- ' wraelle." par M. Reschrrcllf Aine. 4 vol?, 18M, M'.-lililiji's Sou, siiijioliino-. 1 alK'il ihu So.i of KiilnU'liatk.l, is ihai IioiU,in of tlo- Xortli Ta^ ili.' " Imperi^-l Gaietteer," I Ivinj; iKitwecu tlio Aloiiliaii Islands and Dohiiiig's Strait. '*'■'■ I ^tliriiin's Island. An island in llio North I'aiilio tloeaii. I'ullan.m's ■ Ga»,tt«« uf Dk World," ISK*. lli'linii;;^ strait, which roiinucis llio I'.ailii wuli tho .Vr.-tic Ucoall, is formed l.y the approach "C\.-lopKdi« of (k,. |"l till' I oiniiiiillLs of Amoricii and A ."'Iniil. Tin- narrow .sea l»-lv\eoi; tho noi'ih-eii.st ]iart of .\'ia and llie n.irlli-wo-i pail ■• Ency,'lnp«dla til .\niorii'a, oonneotin- the N'orth I'.ioitic with tho .\ri-tic Ocean Britaimira," isM. •iiiu' (Mi'trtnl lie). I'assaoe ipii unit !'(>i'(',iii Olacial .Vrctitpte an (iftind Ocean. Si.-Mariin. "Nou- vean Dictiotinair,: de Gcofirapbie t.'ni- vrrselle." Paris, isr9. l"liinio So,., or Sea of Kainelmtkii. is that j^a^t of ihi' North IVilio Ocean liotwoen the Alenliaii ljppin.-otf» " G«. |l-i.iiiiK III latitude .'iri' north ami Hebrino Strait in laliindi' Ht, north, 1^ whi. h latter it coiiimuiiieatcs 'rttei'mf th- w.irhi," llruli il I. .■ I-. , Philadelphia 1H8II, 92 llfycfl iin3 J^piimCiijjj " ('y(Ti>pBedia of.Gwu ^rajthy." LondoM and Glai^ow, 1890. BrooVhau?' '' I'oiiviT. utJ'tQc. Leiicon." Uipzil!, 1882. Ritter'd ''Gexjxrapldsi'Ji- Statistisch Lexicun." Leipzig, 18fl3. " I*orkcf Knryclo- jiaediH." i>ainlt*ton Low, 1«S8, <'Kamb(!ra* " Kiicyilo. pitdia," 1889. Btackif's " Sfodcrn Cyclo()»!dia," 1S8I Edition. I'M'tiriiiL', or lilienii;' .\ sUait, .sen. i.slaiiil llcriii: ly, \oitli I'auific- Ocuaii. MuiT. Ik-r imnld.xtliclislc 'IVil ili'.s Stillcii llci-uii'.-*. l'>oriii,i.'.sslru.-^si>. Mrt'Vciii,'!: dui iiurclnsllicli-d' I'.i^ijiiMi- mil iluiii .'^lilN.'U I Iccaii Vfi'liimleml. r.i'liriii.y'.'^ .>i.M. Xuilli-c'ii^i )mvl urUic I'lirilic l«4\\ri'ii Asia ami .ViiiL-iicii, lii'liriiii,' .Stcait rniincct.s the I'acilii; willi llir Aivtir (((.can. Iii'liriiij,' .S-a. A ]inrt i)f the Pacilic f)(.'caii, (^niiiniDiily kiiiiwii as llir Sea of Kaiiicliatkii l!cl]iiiii,''s SIrail, oiiiin('ctiii,u tliu Xciftli I'arilic uikh the Au'tic Oi-i-aii. l)i'lirin;.,''s Sua. .sdiin'tiiin-s lallcil llic >i'u ul' Kaiiii-lialka, L< tlial ipiulinii (jf tlij N Sea, .Mr. Dlaiiir has (|ii(ileil a iiDli' wliicli, il appears, was presented liv tli.: Itussiaii Minister at Washin^ilon alter the ratilierilion dl' llie Treaty nf the ."dli (ITtli) .Vi'vii, 1S:'I, lietweeii tlie I'liited Stales and lin.ssia. In this note liarnii Tnyl .slated that " tlie .Meiitiaii Islands, llie eoasls nl' Silieria, and tlie liii.-i>i;:ii p(is.sessifiiiK in 1,'eneriil nn tlie iiurtli-we.-it eiiasl nl' .\inerieii tu 5'.i' {W of iKjrih latitude were ]«jsitivi,-ly t'Xei^pled friini tlio lilierty nf hnntiie.:, lisliinif. and enniiiii'iK' stipulated in laviiiir nf i'nited SLiti* citizens for tell yeai-s." The rigliH allmleil to ecaild nut be tho.sc! eoatuineil in the Isi Artiehi of ttr Treaty, wliieh is iinliniited in dnniticin. init thuM' ul' (Ve'|nenlin;_' the interior .seas, harbours, and ciwfc cnnferred by Article IV. r.aidii Tnyl '^naindeil Ibis iniisinii.liiiii nf the Treaty (in llie argument that " the eoasts u( Sikria are washed by the Sea cif ( )kliiit.-k. the Sea ef Kaiiischatka, and the ley Sea, and nut by the Smith Sti inwitidtied in the 1st Arliele cif the ( 'niivention," and that " tin .\lenliiin Islaiid.s were also waslu-dly tli<' Sea nf Kninsehiitka or Ndrtherii Ooean." lie added that" it was not tin; iiitenliiin nf itnssia In iieiiede ihi^ free navi^Mlinn of the I'licilk Oeeau, and that she Wniild be satistied with cansiiij; In be reeui,'nized, as Well understond ami 1'l.lrol lieyiind all nniimcii nf diaibt, the ]iritiei)ile lh;!t lieycmd "I'.l" oO' nn vi'ssel eniild aiiproach her eoa.sts am. islands, nnr lish or hunt within llie dislanee nf L' inariue leiijjin.'s."* Mr. .\daiiis, mi bi'iiiL! shnwn the draft i.f the nnte, slated In liarnn Tnyl that, if il were ]iii-s<;nti'i,J he should return an miswer In the (^Ifeet that " the eon.struetiiui nf Treaties liependiiiji here upnii llicl diiilieiary Tribunals, the Kxeeiitive linverniiient. even if dis|po.sod In aeipiiesee in thai of the liiissiai; j (iiivernnient, as annnnneed by him ( liarnn Tnyl), loiiM iint Iw f? make il] biiidiuf.' upnii the Oiurtjl (ir upon tlus naliiin. " Jle went ipti to .say lliat il would be luueh heller not to present the note, .t- 1 the United .Stale.s' nierehant.s wnuld not fjo to trouble the Itussiaiis on the coast of Siberia or iiirtli [ of the ."Tlh dc.'L'ree nf lalitnde. and il Was wise-l not to ]ait sneh faneie> iiilo their heads. The incident, therefore, shows nolhiiiL' niati.'rial to the pii'seiit issue e:,eepl thai the lius-ianl Mini.ster attempted in a note, wliieh lia.^ hitherto been kept secret, lo aru'iu; that I'eliriim's .Sea w.i' iinl a jiart of the South Sen (a term which is not employed in the Urilish 'I'lvatj), and that Mr. Ail.iii«l ■-laled that, even if the I'niled States' t lovurniiieiil were dispcwd to aii|iiie.seo in this view, tlii')'] fnnld iiot iiind llie niitiou nr the ( 'nmls to it. tin the other hand, the lle^;ulatinns of l.s.sl, under uliii lithe .\iiieii -1111 schooners " Kli/a " "UJI '■Henrietta'' were .seized by the Ttnssiiin anthorities, are beailed: — " Notice cl Order relative In Cniniiierci' nn Ji'ussi'in Pnrifi,- ('..nnt : — " Witbniit a special permit or licence from the (invernni-lo'iiiTal rif Ka^lein Silieriii. fireliin vc.-.-!'ii| arc not a'llowoil In carry nn trading', hiintiiij.', lishinj;, &c.. .,>i ihc Un>-.ian loasts or islands in t!" Okhotsk and I'lcdirin^i's ,Seas, nr nn the north-i'iistcrn eoa^t nl .\sia, or within their sea boundary -liii- (.Mcnioriindil ,1 iii Mr. l,nlliro|i's des|ialcli lo Mr. lliiyard of Ibc' 7th Maieh, ISML'. K.vci. lM,| No. lot), ."lOlli Conj^Tcss, 'Jnd Session, ]>. 271.) ■M.de (iii-rs.in his siibse(|Ujnt imle of the Nih May. LSMU, .sjieaks of thesi.' leu'iilalioiis «s ■■ a W'tM.'i |iublishcd bv niir Con.siil al ^'nl^nhaIua relative In fi>hiic.', huiitiii],'. and to Iriide in tin; l(n>siaii vaiaf if the I'aeilie' (Ibid., (i. Jfili.) Mr. I''reliiiyliuy.sen also sppaks of llie iiiatier iis "loucliiii'' the I'lieiiHe eo.i.«t tiskriw.] abid., p. lifHS.) * 11 iL.i'ii nut iif pinr, li.iwivcT, li.al llie prii|ioii>d llniil rf i leaitiirj wa« fili.'crvnl or plifol-.'cd, fur in ISliS llu- Hn«iaii li' f>ir Vori-iijii Affiiira, r'jpUlniiii; tin- tr.'iihnfnt iil lli.' Ani.rirah m.«Iit "Java " In tli.- .Sua .it Okhotsk, writ's :— " C'onaiilinni; Ulat fiircieii aoalon «rr foi-iiidd™ by ilir law- in forci' to llsli in tin- lluMian Kulfs anil h»v« at a disUnC'' I'sil llian 3 miles from llic elion-." fM. WibIpiucii m Mr. ( lay list Jiilv. IKfiS, Ej. Dor. Nn. ini'i, iOlli Coi'icriss Iml ScBion.r .2(13.) 7 .. . xm^-m. (Il'llll. ;ltk;l. 1 I'iicilk' Oteaii I ill tlic liiiii' .,^ ri'sijiilL'il t>v ill,' t!;) Ai'vil/ina, mill tllC Ilu,"i::ll i wi'i'o iiusilivily f '.TllitiMl f^l.tU^ il Alliilr of tlw Hours, iiml cret'k.- con.--ts of Siberia by tlii; Sciiith SiJ 1! also wiv-itii-d ly (111 of tlio I'acift; stood mill \h<:t:i I icli liiT ooii.sls aiiu I il wi'Vf )iivsi;nti"l,j iiU licri' ii|i"ii tilt I til' of the llussiffif if iipiiii the C'mirts I i-snil till- note, 111 if Siburiii or imrtli 1 wis. tliiil I lie Ku'^i'U'J I!i-hi iiiis Si-a wiisl 1,1 fliiit Mr. A.!am*l II \\u> viuw. tlifyl ,i„_.)-,s " Kli/ii ' •'■'■ eriii, fivLMi;nvi'i-^"i-i or is!aiul» j" 'j'"i 11 liomiilary-Iini ' |S^t•.'. V.\f<- '•">'•) iitii.iis n.-s '■ 11 ii"""i| tlu: Kussillll WilM ,; coii.'l lislii'ri'.-- i'a liiivs nl ,i.li.wn>-.l«l li Congas, 2ml So!.».F BEH [C— 6366, UNITED STATES. No. 2 (1891). EURTFIER CORRESPONDENCE BESPECTISO TIIE BEHfiING SEA SEAL FISHERIES. [In continuation of "United States No. 1 (1891) :" C. fl253.J Presented to both lluunes of Pailiameiii by Command of Her Majesty, June 1891. LONDON: PUINTFI) FOR HKK MAJESTY'S STATIONERY OFFU'K 1)Y lUnuiSON AND SONS, 8T. MARTIN'S LANE, PHINTKHA IN OKOINAHY Tt> HUl HAJIVTY. Anllic ,, i'lVli-L'ni|iliir Tu Sir J, I*;mnci'fot(\ , Sir J. raunrcfutc ., [Ti'lorfi'apl.li' 'I'll Sir .1. rniiMccfdIc, . ri-li"_MM]iliic Sir J. ramHofMlf ., Tiii'/rajtliif I 10 11 12 13 14 Ij IG 17 18 To Sii .1. l>aimccro(c. Ti'Ii'ijraiiliic ..'T.Ip ajiliir Date , ' r(lc'f!rn]ilii rcloLirniiliio Apr. 17, lt-;)l •iJ, 2.1, 27, May fl, .Vpr. 27, May 10, 10, 4, Ifi, 20, 28, Si']i.n;rr. I'at'P .Mr. Uliiiii''* «U(fi.'r«licMi fcr *iop|iiii(» mmI- li^ilil(i . , . . . • • , Mr. Illniiin prrrrr-* that proposal ulioiilii roiiir t'roiii llcr .\|aji'Hlv'« Oovcrnnii'Ut. lli'wi»lii'< lo cniiMilt I'ri'/iiL'iil .. . . ., l'ri'!.iili lit >ii;."J''sta ri'ic.'valiiiii in propnsi'ij m'llin I'ivemli, iillowiiiir Aincrican Coiiipiiiiy to kill ('iioii;;li ijcnlit to mipport iiativcit, i .^lr. lllaino 'Aill i.ot n|.'rn' to arraiiKi'iiit'iit i he\»\: put in I'oiTi' till terms of arliitratioii ;in' M'ttli'd •, . , Is scniliin; liy mail noti' from Mr. Illaliiu j jiislifyiii;; reservation iiia'le hy l*r»'siilent, < anil sntiiiiitliii',' iletaileil proposal for tiwdiii • vivcndi. (iives l.itti r ., .. ,. lteport'« ooniniunications witli Mr, ML-iine on proposal for vt'iiftiH vivfntli antl Presiilenl'ij rr'irvati:)!! ,. .. .. ,, I* seiiiliii;,' by nniil text of I'rofe.isor Klliult's lleport on scal-lifo in J!elirin;;'B Se,i, in Hliieli strosD in laiil on necessity for ecHnntion I'f M'.vl-killint'. Importance of early reply to Mr. lilaini'';! ^jrnpos.il ,. . . '; Oive.< Meinoranilnm receive'l from triislvvortliy '■ foiiree on I'resiilonl's ii'm'i vatioii in pro- ; poMil i/i"(/f/.v f'V'eHi/i Del.iileil iiceoiint of comTiinnicatiiins with Mi'. Ill.'iini' uilli re^ranl to proposcl moty's Goveiiiment powers fur jiroliihitini^ se.'il-lHliiii;^ in Uehring's Sea. Iler Majesty'^ Oovernmeiit can do nolhinf^ till Bill is passed 10 11) Ji) 10 10 APPENDIX. 1 Sir J. Catmcefote ., •• Feb. 20, 1891 Reports of United States' Troasury Agents on ' affairs in seal islands, and fur-seal fiiheries ; in 1890 1'! a »• 11 .M.y 11, Introduction to I'rofesaor Elliott's lleport on | condition of seal-life at the PribylolT Islands ' in summer of 1890 ,. '. . .. ; bi r'urtlicr (y(>rr('sj)()ii(leiicc' ivspuctiii^ tlic HcliriiiL; Sen Seal I''i.slu)no.s. Xo. 1 . 'I'lir Mdiiliita iif SiilisliUi'ij In Sir J. Patiiircjuv. (IVIri;r;i]iliic.) luin-iijil Oj/irr, .Ifinl 17, I^DI. I!i;ii III N(i'S S|;A. ^Ir. Iil;ii lie's Mi^'ij'.'slinn, wliicli voii nii'iiiiim in yuiir private! Iritrr 1)1' till' Till April, t lial , pi'iiiliiii,^ tlii" jiward nl' (lie .Avlntrat i(in mi ilic iJclii'ini^'.s >•!•.{ i|ucsliii:i, all M'al li^iicrv slioiiM he stcippi.'d, li'ilh li\ sea and laud, sci'iii.^ «orlliy III' ciiiisidci-aliiin. If \M' apjinno ol' it, wuuld .\[i-. Hlaiiii' pA'fci' thai llic pro[)tisal slioiild cuinc Iriiin ii!< r No. 2. Sir .1. I'mincii'dlc In (lir Mnrijiiit! of Sdliflninj. — (lirrt'ircd Jjiril 22.) (Ti lo'jji'apliii'.) ]Vii! sense of your Lordship's telei,MMiii ol' the ITtli, makiiitj the iiiipiiry Mliieh I was tlii'icin in>lri;elfd to iiiakc. I am now inl'oniicd tliat Ids irturii is expeetcd in a few days. J am informed tliat it is in the power of llie IJiiitod States' liovernnient to (MiK'i'l tlu> le:iso of the ishiiids at any time. I will los(! no tiuK! in [ivessiii^- Mr. ]51uiiio to send me an answer with as little ili'lay as jio'-sihie. Ko. 3. Sir J, Paitiicf/otr to Ihe Martjiiis nf l^alishurij. — {Received April 23.) (Ti'lefjniiiliie.) U'dsliiiujioii, April 23, ISDl. J HAVE tlic lionoiir to report tiiat the Secretary of State returned lO "\Vashiiii,'toii to-day, and invited me to eall on him. ile c\])rcsspd himself as tjratiticd at the favourahlc consideration j^'ivoii by Her Majesty's (iovia'iinienl to liis alternative sii£;L,'estion, and in answer to your Lordship's iiiiiuiry lu; said he would prefer that the proposal, which seemed to him very fair, '•liiiiihl come from Her jMajcsty's ( iovcriiinent. Ile added that he •wislied, however, before '^wjvj; any I'lirtluM', to communicate the [iiiiposul iiy telejrrapii to-day to the I'residenl, who is absent from M'ashiugtoa, [296] B 2 ^'*U ^ ^^ ,><<^«^. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 ;.i 121 — 6' • 50 ^^^ ^1 •^ 1^ 1 2.2 It 1;!° 112,0 1.8 11-25 IIIIII.4 IIIIII.6 V] <9 /2 o /: / /A Photographic Sciences Corporation 23 WEST MAIN STRtIT WEBSTER, NY. 14580 (716) 872-4503 f/. ^^ No. 1. Sir J. Paunce/ole to the Marijuin of Salixbury.—{Receired April 27.) (Telegranhic.) Washington, April 27, 1891. MR'. BLAINE informed mo to-day tlint the President had suggested a small reservation in the proposed morlits vivendi to the effect that permission should he given to the Company to kill a small number of seals sufficient to compensate them or the support of the natives in their employ during the modus vivendi, but he did not appear to insist strongly on it. As, however, he will not agive to put the arrangement in force until the terms (if the arbitration arc settled, I fear it may only be applied when it is too late to !)e of any service. A full report of the interview above mentioned will l)e found in my despatch of this dav's date, which I am scndina: bv mail to-morrow. No. 5. Sir J. Pnuncefole to the Marquis of Salisbury. — {Received May 5.) (Telegraphic.) Washington, May 6, 1801. BEHRING'S SEA. With reference to my telegram of the 27th ultimo, I have tiic honour to inform your Lordship that 1 fornard by messenger to-day copy of a note from Mr. Blaine which I received Inst night, containing a lengthy justification the reservation of made hy the Presidei*, and submitting for communication to your Lordship the following detailed proposal for a modus rirendi for '.tie sc.ison of 1891 :— 1. The United Slates' .luthorities to issue orders limiting the number of seals to be killed on the islands to 7,600, solely in order to provide for the support of the resident natives, who number ."500 souls. Pending the result of the arbitration, all seaUkilling for commerciiU purposes to be prohibited. 2. The United Slates' (Jovernnicnl to guarantee to Great Britain that no seals shall be killed in any part of the open waters of Behring's Sea by any person on board of any vessel flying the United States' (lag, or by any United States* citizen on board of any vessel flying any other fleg. 3. Mutatis mutandis, a similar guarantee to be given by Her Majesty's Government RS regards I5ritish subjects and vessels. 4. The above prohibitions to continue in force up to the Ist May, 1892, before which date the Arbitrators are to render to both Governments their final award. No. 0. Sir J. Paunce/ote to the Marquis of .S'n/wfcMr]/.— (R^ceiVed May 8.) My Lord, Washington, April 27, 1891. WITH reference to my Iclejram of thn 22nd instint, I have the honour to inclose a copy of the note which I addrcssc I to Mr. Blaine, as reported in my above- mentioned telegram, informing him that your Lordship was disposed favourably to entertain his alternative suggestion for a modus rivendi pending the result of (he Behring's Sea arbitration, namely, to stop all sealing, both at sea and on land, and inquiring whether, in case the proposal be finally accepted, he would prefer that it should bo made by Iler Majesty s Government. In my telegram of the 23rd instant I had the honour to report to your Lord- ship the verbal reply which I had received from Mr. Blaine to that communica- tion. It was to the effect thUt he would prefer that the proposal should come from Her Miycsty's Government, but that before taking any further step he desired 'o communicate by telegraph with tlio President, Avho was absent from Washinglou. I called to-day on Mr. Blaine to inquire whether he was now prepared to proceed w illi the proposal. He informed mo that the President felt some difficulty arismg from the fact that the lessees of the Pribyloff Islands are under contract to maintaiu a largo number of natives (Aleuts) engaged in their sealing operations, and these they would have to support at a heavy loss diirinf,' the whole i)erio(l of the modus livendi. This los'^ wonld ultimately fall on the United Slates' Goveiiiinent, and he had, therefore, sii^'Ljested whether it n\ij,'ht noi he stipulated that a luoderato numher of seals miijht. lie killed on the islands, suffieient to cover the loss in (juestion. I replied that I did ii'it think sueh a suf,'!^esti()n would eonimend itself to vour Lordship. The proposal tlint scaling should ho stopped, hotli at sea and on hmd, was hased on tlu; reeommenda- tinii of the United Slates' fioveriiment Agents, avIioso Uej)orts had heen laid hcforc ('(iiif,'ress, and eopics of which I transmitted to your liordship in my despatch No. 11 nf the 20th Fchruary last. In aeecdinu: to the proposal, Iler ^lajesty's Government would givo a sirikinfj inodf ()f their solieitude for the preservation of the seal sp(M!iei, and of the spirit of idiieiliation v itli which they were animated. There was to ho an equal sacriliee on luith sides, and it would he unreasonahle that the jirojjoscd modus vivendi should bo saddled with any special reservation for the l)eiu>(it of either j)arty. 1 furt.er observed that, in view of tlu; fact that the openini; of the fishery season is already at hand, no time should he lost in putting; it into force, if it is to be of any \ ;due this season. I suggested that it might Ik; agreed to ])ut it in f irce for this season, irrespectively lit the arbitration, and that in siudi ease it would he a convenient time to send a Joint Conmiission of Experts to the islands to collect (evidence for the ])urj)oses of arhilra- tinn. I failed to per"('ive how any Arhitnitors would undertake to proTiounee an iiwai'd on the (piestio, of a close time witliout proper materials on wliich to found Iheir judgment, and these materials could alone hi' supplied by a Joint Conunission. I lidded that J had no authority from your Lordship to mnke such a suggestion, but ilmt 1 ventured to throw it out for considerafiDii. .Mr. JOaiiie replied tliat, as reganls till' reservation of the right to kill a limited number of seals on the inlands to cover tho liiss which would result to the Company for the siipjiort of the Aleuts in their employ, iliat was a condition which niiirhl perhaps not he insisted on; but he was absolutely "|i|iosed to the su^'gesl'on of sendim; a Joint Commission of ICxperts to Behring's Sea, I !■ to putting in force the modus lireixll until the terms of the arltitration had been ili'liiiitely agreed to. t pointed f)ut that if this were to li(> a condition of the arrang(!raent, it would ])inl)ably be too late to ]iut it in force tliis season, in \U'W of the time which might 1 lapse before the ])relimiiiaries (;f the nrbitialioii had been settled, and I reminded hiin tlial his proposal was sim|dy tliat it should take elVeet "pending the result of tho aihitration." He re]ilied that his propos.il, as underslood liy the President as well as himself, was sid)jeet to that condition, and he seemed to attach importance to '" as being calewlated to accelerate your Ijordship's aeei'ptance of tli<' terms of arbitration proposed li\- Ills (JovernnuMit. I therefore explained to him that all your Lordship knew at [iresent resi)ecting the ]iro)iosal was that it liad l>een made by the United States' flovcrnment, obviously in their o«n interest, and that ifer ^lajesly's Cioveriunent had certainly lU/thimr to gain by acceding to it. 1 beirLred Iiiiu to d'sabuse the mind of the President of the idea that your Lordshij), in giviui; the jjroposal a favourable consideration, had been actuattnl by any other seulimeni than that of friendliness to tlie United iStates' Oovernment. I added that if owing to delay in the settlement of the terms of arbitmtion, tho jii-oposed »inf/i/.v riVr/i(/i should Jiot be put in force this season, and the jiredii^tions of the United States' (iovernment Agents as to the consetjuenees which must ensue from the non-cessation of sealing should be verilied, the blame would certainly not attach to Her Majesty's Government. 1 have, itc. (Signed) JL'LIAN TAUNCErOTE. Inelosurc iu No. (I, Sir J. Pauncrfote lo Mr. liluini'. IVar Mr. lllaine, Wunhhiglon, Jpril 20, 18!)1, I I^FOH^iEl) liord Salisbury in a juivate Idler of your alternative smrgestion lor a modus rivrndi, pending the result of the jlehring's Sea arbitration, namely, to stop all sealing both at sea and on land. liord Salisbury seems to approve of that alterutilivc, and he asks whether, iu coao ITor ^rnjosty's Oovommont should nccopt it, you would prefer that the proiwsal slidiilil oonu' fmin tlicni. I l!ir)iii;lit you would like (o know T/Ord Salisl)ury'H vi(;\v of your imiposMl us mkiu iis possilili', nnd tlirit must Ijc my cxeuhi.- for troubliu;; you with this Irltrr duiiui; your ri'posc (1.1 N'irLriuiii lli-ach. May I ask you to Itc so <;ood ns to lot inn know, ns soou jis you conveniently eaii do so, vliat aiiswnr you would wish me to return to Jjord Snlisl)ury's in(|Miry. lloiiint; that vou have already henelitcd hv the e'.ian;;n t>l' air, \ remain, Sec, (Si-m'd) .Jl.LIAN I'AUxN'CEFOTJ'. No. 7. Sir ./. I'intnirl'otr to llic Maiijuin of' iialinlmri/. — {llecitived 'Maij 10.) (Tele-raphic.) Wnshimjlim, Mn;/ V), iHll. A Mv\VSI'.\ri;i{ iiMs jusi puhli->lied the text of I'roi'essDr'llliiott's' introdiieliori to his llipiirt ou the eoiiditiou ot' seal lite on the United States' seal islands in Mehriui;'s Sr-i, \\|iie|i he addressed in .N'ovemher last to the Secretary o[ the Treasury. I \\\\\ transmit a eojiy in your LonKhip hy the mail of the 12th instaut. Ill this l!eji(ii-| l'riiles>,(ir I'iiliott insists slroniriv on the necessity "I t he eessMlimi of seal kil!ini.^ hnlli on land and at sen, imd on the a|)|ioiMtmenl of n ,|nint Comnii''<-ii>ii of Aineriean, I!ii1i--h, and !!nssi:ui experts to proeei'd to the ro(ikeri<"s this simiiiui' to \('rit'y the precise condition ol' all'airs. The usiiril date tor tin* revi'iiue-crui/.ers and the Company's steamer to sail is the l.'ilh instant, and it is very im])ort;int that 1 should, as early iis ju-acticahlc, ho in a |)osition to reply to Mr. ni.aine's ])roposal. No. H. Sir .1. Viuimcfiitt' tn llir M(ir(jiii.s of linliiiburu.—{lirc''ivc<} Mm/ ID.) (Telegraphic) ll'n.v/i/M./^oH, .Urn/ 10, Is^l. I II A \ i; just received, tVoni a trust wortliy iiuthm'ity, the I'ollowiiu,' MenmrandMiii on the suhjeet ol' the rc-crvation in the pnipii>ed itinihis rinnit' desired hy tin' {'resilient, ^vllieh thro\»s a lU'W liLrht on the priivi>.ion in ipiestion. It is as t'ollowh :— ■ " I'tuxl Sl.iiiD. — The slauu;hter lor food of ."(.(MIK small seals annually on St. I'iml islainl, and 2,000 on St. (icort^(> Island, will he amply siillicient to keep the natives ol" Ihi' sc.al isl.'inds in ^ooil c(mdition physically. The prolit to the I'nited Slit's' (ioveinmcnt from the sale of these fond skins would he not less than 70,000 dollars a-ycar, Mliiidi is 20,000 ddjlars more than it would cost to jirovide them with I'uei, clothinif, and other necessaries. '•'i'o kill more than thee 7,00(1 youiii,' male seals would hi! simply a wanton anil uneallcd-l'or destruction of life, and would imperil the restoration of the rookeries to their lormer condition." 'J'he M(aiioiandum ipioted ahove .shows that it is necessary for the hcaltl ol' the natives to snpplv tlicia with seals for t'ood. No. !). Sir J. Vtinnccfdle to the Marquis of Hallsbuiii. — (llcciivril Mm/ II.) My Lord, U'lixhiiiijloii, Mill/ I, IJ^IM. OWINti to ihc eoininniiieations which have passed hetween Mr, iJlaine and tin Norlh Aineriean I'onmiercia! Coiiiiinny (tlic present lessees of the seal island-^ i» ikdirin-r's Sea) respeetinfi- the proposed cessation of the killinf:; of seals hotli at sea and on land dm in;;- llic ii|iproneliin;^ fishery season, the rumour has found iU way in the pross tlial .such a proiiosnl has cither heen made hy Her Majesty's (jovernineut, or that they arc willing to assent to it, and that Mr. lilainc is prevented from carrying it out hy the vuhenieiit opposition of the Company. It mny Im ronvoniont tlint F nliould iilncc on record wlmt took jtlnoo between Mr. Itliiino nnd niv'clr on the sulijoct of lii.s second or allcrnftlivo I'ropoN.'il for a vindus liitiiiti, «liieh I ('oinn)nniciiti-d to )Oiir l.ordsliip [irivntcly on llio 7tli April last. Mr. niniiie inndc IiIk first pr()]i(>>nl on llic lUlli iMari'li. lie (hen slated that, ns lliiMi' now sci'incd to he a prospi^et of «{,'re«>in;; to the terms of an arhitialion, it wur ilesiialile to ftrrnnj.'(' for n wnliis riimill i)eiulinj; its rrsnlt, and he threw out a Miff^'cstion iif n niilins nf 1.'*) mile.-' within wliieh nealinfj-vesHels slioukl he proliihited from approaehinf; till' -eal 'sl.imls. I ne(jMainiecl vi/nr T-oriisliip with that proposal in my telejjrani of the Kith Mnrcii. Alioiit n fortniirlit nfterwnrd.i, "t nn interview which .Mr. IJlainc van Rood enongh to ;,'ive me at his lionse wlieu ho was conlincd hy intlisposilioii, he reverted to the Hnbjoct of the wiiilun vivfiuli, nnd he itsKed mo to ascertain wiiother yonr Lordshi]) would prefer as nil alternntivo prliip's des]mtch ahiive referred to would be accepted ; and I suggested that the nu)4 sali>fact()ry cnur>e would he for him to make his proposals for a tnndiis lirrutli c'liiciirrently with his reply to that de«patch. Mr. lilaiiic! nssenteil to my suggest'on, and said that he would " jirocecd in that order." Hut neither in his reply to your fiordship's despatcb, which was delivered on (lie 1 nil .\prii, nor in the substituted note delivered the L'Tth .\pri!, is tlicre anything to bo loimd in relation to a mnilu.i i Irfinli. In the iiii iiwhile, I liail informed your Lordship [iiivately, by the mail of the 7lli April, of .Mr. Blaine's alternative iiroposnl for (bo cessation of seal-killing both at sea ami on land, and on receipt him, of wiiieb I had the honour to inclose a copy in my despnlch of the '2~t]i Ajiril. Ill that despatch I reported the diflieulties wliieh .lero afterwards raised by the President nnd by Mr. IJlaine, and wbieh appeared to lac to render hopeless the timely ai'iilication of the proposed uioilut viveiuli, Since (lieu, ns before btaled, the subject lins been discussed in tlie public piess. The opposition journals criticize severely the non-publication of Professor Elliott's l!e]iort on the condition of the seal islands during the boa-son of 18',(0, and also the ili^missal (d' Mr. (iolf, the Trensury Agent in charge of tin* islands, who had last .summer exercised his otiicial authority to slop the killing of seals by the Company, owing to the indiscriminate shuiu;liter praeliseil there, and to the alarming diiniiiution of seal life. Mr. Hlninc is violenllv attacked hy those jcuiriinls for hesitating to put in force at once iIk! proposed tnndiis lirenili in the face of the Ileports id' the I'nited .States' (lovern- nieiii Agents, and in \iew ol' the readiness of ller Majesty's (jovernment to nci'ept the preposnl. I iiave, &e. (Signed) Jl'LIAN rAUNrHFOTK. No. JO. .Sir ./. Piiuncefitic In the Manjuiii of Sdlinburij. — {Received Ma;/ 14.) My Lord, U'itshin(/lon, Mmj 5, If^Ol. 1 HAVH the liononr to inclose a copy of a note which I received last night from .Mr. Blaine containing detailed proposuU for a modus vitendi during the nppoaching fishery BCRnon in Beliriiig's Sea, based on the principle of a cessation of seal killing both at sen nnd on land. Tlic note contains n lengthy defence of the reservation desired by tlie ['resident of the right to kill 7,500 scnls for the support of the native residents of the PribvlofT iHlands, a reacrvatiun wliicli Hccms to mo HCiioUHly to detract from the oquality and Kimplicity of the original iiroposnl. Ah regards Mr. IMaiiio'H narrative nf wliat passed between us in relation to tlio proposed modiia vivendi, your Lordship «ill perceive from my despatch of yesterday's dale tliat lio appears to liavo forgotten that the reason why I did not telegraph to your Lordship his i Itcrnative proposal for a modim vivendi was that it had been arranged between us, at my suggestion, tliat he should make the proposal concurrently with his reply to your Lordship's despatch of tlin '21st February, for which I had so urgently pressed him. I cannot call to my mind that the President's name Avas over mentioned in the course of our 'wo interviews, which Mr. Blaino correctly describes as " a conversationul exchange of views." If the President was so anxious that the alternative proposal should bo telegraphed at once to your Lordship, it is to be regretted that Mr. Blaine did not apprize me of the President's wishes, as 1 should have certainly complied with them. Mr. Blaine's reply to your liordship's despatch of the 2lst February was not delivered until tlie 14th April, and then it waH not accompanied by the proposal for n modux vivendi. But fortunately I had informed your Lordship of the proposal by letter a few days after it was made, and I received a prompt reply by telegram which I com. municated to Mr. Blaine on the 20th April. Mr. Blaino, therefore, cannot justly complain of any delay on my part, or on the part of Her Majesty's Government, in relation to this matter, I have, &c. (Signed) JULIAN PAUNOEFOTE. Inclosurc in No. 10. Mr, Blaine to Sir J. Pauncefote. Sir, Washington, Matj 4, 1891. DURING the month of March last, a few days after the adjournment of Congress, acting under the instructions of the President, I proposed to you that a modus vivendi ha agreed upon touching the seal fisheries pending the result of arbitration of the questiou at issue between the two Governments. The President's first proposal which I submitted to you was that no Canadian sealer should be allowed to come within a certain number of miles of the Pribyloff Islands. It was, however, the conclusion of the President, after reading Lord Salisbury's despatch of the 21st l-'ebruary, that this modus vivendi might possibly provoke conflict in the Behring's Sea, and to avoid that result, he instructed mc to propose that sealiiiir, both on land and sea, should be suspended by both nations during the progress of arbi- tration, or during the season of 1P91. On both occasions it was a conversational exchange of views, the first at my ollicc at the State Department, the second at my residence. The President was so desirous of a prompt rcspon.sc from Lord Salisbury to his second proposition, that I ventured to suggest that you request an answer l)y cable if practicable. Especially was the President anxious to receive an answer, which lie triis(e. Lonl Salisjjiiry was ready to agree that all scalin^j should lie siispiMided lUMidiiii; tlic rosidt of nrhitration. On tin.' L'.'ird April I ti'lcgraphed I^ord Sali^hury's proposition to the PrcHident. He replied on the 2atli April, cxjinssin;; jjroat Ratistaction at Lord Salisbury's nics>aK<', hut inslructin;^ nic to int'ortn you that "sonic seals nuist he killed hy tha natives for food ;" that " the lessees are Itoiiud undt-r their lease from the (lovernmcnt til fccrovide the necessaries of life for tho i\idowH and orphans, aged and inlirni inhabitants of said islands, who are unable to [irovidc for themselves." And it is finally provided that "all the foregoing agreements shall bo done and prrfornied by the Coni])aiiy free of oil costs and charges to the said native inhabitants of said inlands, or to the United States." And it is made still further the duly of the Company "to employ the native inhabl- lanls of .said islands to ]ierform such labour upon the islands as they are fitted to perform, and to pay therefor a fair and just compensation, such as may he fixed by the Secretary of the Treasury." And also the Company "agrees to contribute as far as in its power all reasonable ell'orts to secure the comfort, healt' education, and promote the morals and civilization of said native inhabitants." In short, then, the menus of living, the facilities for education, the care of health, the religious teaching, the training of the young, and the comfort of the old, in a community of over ;HlO jicrsons, arc nil in> posed upon the Company as its scdemn duty by specific Articles of the kase. I inclose you a copy of Census of 181)0, giving every name of the .^0^ persons, old and young, male r.nd female, who constitute the whole ciiinmimity of the Prihyloff Islands,* * For IncloKurr, teo lucloiurc in Sir J. P|iruiii>, Nu. [2061 C Tlic (liiiioH tliiiK ii)i)ic)K(>(l ii|iii;i llio ('oinpiiny tiiii^l lio discliiir^cd nniiimllv Mill piiiictiialily mill t'xacliii'SM. 'I'lic coiiiriul, ]i(i-.sililv llio ^iilVly, nl' all llu'sf liiniiaii hi in-- ju'i'iilii. I_\ ln'l|ik>s "licii Kfl to tlK'in-i'ivi's, is ili'|i(iiili'lit up iii llic ('ciiii|»utiy uiiili r (In IcasCi niid llio le?<:-ei's arc |iaiil llii'iflcr liy (lie ridvciiinicnl in tlir M'al^Miis mIiu'I, iht Miy 1,111(1 Sal Comimny roci-ive tor ilio sorvico. II' tlii' Coini'any shall, as ymi say l.oril Sali-.|iiiry rcijiiL'^ls, lie ili'i.rivcil of all |iiivil(';ru of lakiii;;' M'ajs, tlwy I'lTlainiy cdald in! he u(nii|>flli'd to iiiiiiislcr to tlic wauls of ihcsc r,(ii) iiihaliiiaiits fur u:i ciitiro your. If tlicsc islaiiders nro to hu left to charily, llio Xorlli Aiiii'rican Coiinaiiyis iiiidor no {•rcaliT olili;^al 1(111 to extend it to them lliuii are other eili/.eiis of Ihe I'liited Sfiles. U t'videiilly UMjiiires a eoi.Kideralile sum of money to fiiin'^h all the Mi|i|ilies nanieii in Ihr lease-- sii|i|)lies which must he carried l,(iO() miles on a siieeially t liarliied steamer. It the leasees are not to he allowi^l ]iayinent in any form for iho aiiMiinl necossiiry hi KU|i|iort these :10() jieoplo on the islands, they will naturally declino In e.\|iend It. Ko n|i|iroprialion id' money has hein made hy ('i)n;;ri^>s fur the imriiose, and |i,r President cannot leave these Hoithy and innocent |)eii|ile to tlu' hazard of slarvaliua even to secure any form of Af^reement with l,ord Salishnry ti'iichini; seal life. J^eal lilc lay he Viilnalde, hnt the first duty of the (loverniiieiit of the I'niled Slates in iM^ III matter is to j^ot'-i t hm lift In this e.xi;;en('y. the President in>tnu'ts me to proiPMSo to L' rd Silishiiry that iic coneede to the S'orlli American ( 'oiniiaiiy Iho ri;;ht to take a ■-nUieiei'l nnniher of m-.iN, mill 'lo more than sutlicient, to recoiniiense them for llnir outlay in laKin^ earo of Ihe natives, and that, in the phrase of the I'rcsideiil, all " loii.nuri'ial killing' of seals ho proliihited peiidinjr the result ol arhitratiun." The Secretary of the Treasury iias a iii;ht to fix the nuniher ncc.ssary to the nul dosired. After full consideration, he has limited the nuniher lo 7,''"" to he killed hv the ('oni]iaiiy lo repay them for tln; outlay deiiiMided for the support of the ."JOO peupk- on the I'rihylidf Islands. lie further directs that no females he killed, and that thus the productive capacity of tliu herd shall not iit ihe sli;:litest degree ho impaired. This point heinj; tixed and aj^reed to, the proposed Arraiifjoiueat hetwccii llie twn countries wo uld h folk I'll The (loverninent of the Dnited Slates limil.s Ihe iiunihcr of sonLs to he killed the islands for purjioses just dcscrihcd to 7,'"'"*^'. The (tovernnieiit of the I'liited Slates f,'uarantees timt ii ) seals shall he killed ia the open waters of IJcliriiiif's Sea hy any person on any ves oi .--iiiiiii^' iiinlcr the American (l:ig, or hy any Ainericun citizen sailing under any other lla ;. The (iovernmcnt of tJreat Britain guarantees that n.i seals sliall ho killed in tlic open waters cd' HehringV; Sea hy any person .m any vessel sa ling under the Hritish tla,;, nnil that no Hritish suhjecl shall engage in killing seals for tin. tinu^ agreed upon on any vessel .'■ailin nniler any other (lag These proliihilions shall continue until the 1st day of .May, IS'.l^', within wliicli liiiio the Arhitrators shall render linal award or avards to both ( lovernmeiiis. These several inopi)>ilii)ns are suhniitled for Ihe consideration of Lord Salishary. Tlic President hclieves that they •ahulatod lo produce a re.iult at once fair ami honourahle to holli (Jovernmeiits, and thus lead to the permanent adjustment controViT-y which has already heeii left too long at issui i,r a 1 have. &c. (Sijinedj J. (!. ULAiXi: No. 11. Sir J. Piniuri'fotc lo Ihe Mnnjitin o/' /S«//',viiii;w/, — {Ili'Cftrcd Muij 1-1.) Aly Lord, H'tislii,i a 11 licv Ih IHII iid'orni' llllluil Inclostirc in .N'o. II. Sir J. Pfiuncrfoir In ,\[i-, lilninc. In whicli fiiiio •Sir. Wa^hiiKjtn,,, Minj f), l«<)l. 1 IIAVI'i tlic lioiiniir In .•i receipt of your iinle <>i' vestenliiy, in wliieli M'M Imve rdrniiihiteil. fur liic ednsi'lrriiddn ol' tlie M!ir(|iii-i nf Snliiliiiry. lielnilcd |)|(i))(>kii1s t'nr till- miiiliis limili iliniiiir llie iipiiroacliini; tisliery si'iisou in itelirin;^^ Sen on tiio |iriiicilile oi' 11 ecs^ntidli ol' seiil Ullin;; imlli ill >ea iinil im iiinil, an iirr.niuiMnent (o uliicli, ii~ I iiii'iirnieil you in my noli' of Ilie I'luli iillinio, lii^ l,oril>!iiii was di-iMiseil lo i;ivc' iiis ravdinaltle considcralinn. I liave lorwanleii to f^urd Sali-'lmry liy tliis da^'s mail a eo|iy 111' yoin' nolo, and I liave lelej,'ra]iiied (o )ii^ liOrilship flie prcci-e terms of llie propusal with wliicii it eonclndes. I mticli re;;ret to lincl lliat a niise, inception has ari-i'U a~. n i;;irds \oiir complaint of delay on my pari in aeijiiaiiiliii;: l-ord Sali--linry uilli your ■-eciinil or nllernativu pnipo-^al l(ir a cessation of seal Kiilin;,' nt ^. a and on land, uliieli yon orii;inally niadi^ to nio verliidly. On tliat occasion, ymi may renuinher lliat i exprci-sed hoiih! nlnciam'e nt Miiiliiiir any t'nrllur proposals to liis fiOrcUliip while Ills dopalcli of tlio '.;lsl Kehnuiry l:i-l (siilnnittin:,^ amendments on the ns Un arliilrntioni ri nniined nminsneied, and I'iiil I sn;,';(ested that it wonld ho nn)ri' sati>l'aetory it' this now jMoposal weru nindo iniH-iirrently nitli yonr reply to that dc'^patch, which I hoped to reoeivo wiili the leiiHt I'l-^ihle delay. 1 understood you to a»ent to thai suggestion, and to say that you would "proceed in that onler." ir you lad int'ormeil me that the President to- any reinon desired that this iiltiiiiative propo-al should hi' li'lei;raplied to Loid Sali--hnry, I need hardly say tliat I s'iniil I have eom|ilie(l al once with his wishes. Ihit I cannot call to mind that the Prc^idenl's nnnu' was ever nicntioncil nt our interview, ■ lieli you correctly dcscriho as "a oonvorsationnl exchange ofviows." I'ortunately, iiowever, m) appreciahle loss of time occurred. I acquainted Lord Sali-hiny with your alternative proposal hy the mail of the "th Ajjril, a few days only alter it was made, and I received a prompt answer hy telegra|)li, whieli enuiiled me to iiil'iirni you hy my note of the iJniJi .\]iril tliat his Lordship was disposed to consider the lirMpo-.al favomahly. Al an interview at your residence on the 2;lril April you cx|)resscd your satisfaction al Lord Sali^hniyV ri'ply, and you stah il that hel'ore taking any further steps you doHircd 111 ((inunmiicate hy telegraph with the I'resident. At a turtlier interview nt your residence on the l.'7lh, you inlormcd me tlint tho I'lv-ident desired tlnit the iiimlit.t lirnuli should eonlain a reservation of the right to kill a c, ilain nuniher of seals for the su]iport of tin- natives of the Prihylotf Islands. .At lirsl >ight this reserv;ition caiisid me ^ome disajipoinlment. it certainly apinared to me ojion to exception as detr.ieting from the principle of efpialify, which »as a feature of the original propn^al. lint I was more eoneernod at your stating- 'hat il never w.'is the intention of the I're.-'iilent or of yourself that the ;/io(/».s vitendi should I'l' iml in force until the terms ot' arhitr.ition had ln.on settled. I'his I feared would prevent the timely application of the irndim vivrnili, and I so iiiliirmed liord Salishury hy telegraph on the siinie day. I luitiee with satisfaction that m> such condition is alli.ved to your present proposal, ahhough the reservation us to the killing of a limited nuinher of seals on the island ia maintained. 1 am glad to think that there is yet time to carry out for tliis lishery season any .•irr.nigement which nniy promptly h;' agreed to, and I hoi)e that llie ahove explanation iiiiiy remove the im[)ression you apjienr to have fiu'med, that there ha-, lieen any delay I'll my pari in e.xpediling the consiileratioii of the inodiis riwnili which you havo liieiM),ed. I remain, &c. (Signed) JULIAN PAUNCEl-OTE. |"295] C 2 tr 10 ■ No. 12. The Miirifuii of Siilinbi, Iv.M. AS HOOD M (ho Ciovornnient of Canada linvo aii.s\vci'<.> 1 coiiiiiiiiiiicatinii :t.i-(l to tliem I will n-ply in joiir teloijnuu. iNo. 13. Sir J. Pduncefole to the Maniuin of Hdiinlmry. — (lieci-ived Mini 'JI, 9 .\.m.) (Tplof»ra|iliic.) Washinijinii, Mm/ -JO, is'.ll. I ilAVl'] just iTccivcd a letter I'nim tlie Acliii;; Seen-tary of .State iiifoniiiiii; me that tiie I'resideiit w islies »() knmv tlie reply (if lier Majcslys (idveriiiiienl to the pri)- posnl made oil 1th May hy Mr. Ithuiie. In order to allay the; I'resiilenl's anxioty, T shall lie ohli;,'cd if your l,ordsliip can pivo nie some iiitiiiiatiou as to when the (h'eision of Her Majesty's (iinrniiiieiil iii;iy bo. 1 1. The Manjiiis nf t^alisliin i/ to Sir J. Puiiiirrl'r/r. (Tcleijraphie.) Fnreiijn OJficr, Muti 21, IH'.tl. N(J deliiiitive reply has yet heeii ri'ceived from (.'aii;ida with rei^ard to tln' jirojiosed modus rirrndi in ]{ehrin^''s !Sea. No. 15. Sir J. Pannce/ole to the Miiniiiin of Halit'iuri/. — {Received .Mii;/ 22, (i p.m.) (Telopraphic.) Wmhimjtnn, Mmj 22, lSi)l. I O.MrrrKl) to inform your T/inlship that ^fr. HIaine's jiropos.il iiiVolves to tlie TJniteil States' (iovenimeiit a loss of revenue IVoin the Se.il Compiiiiy at the rate of 10 dollars jier skin, which amounts to .aliout half-;i-iiiillion doU-irs in all. In respect of the arraiiijements made for this season, the Coiiipaiiy woidd also h.' ^rc.it Iosits. No. Hi. r ./. Pauncefole to the .Vur'/iii.v of Sulisburi/. — (licceired Mm/ 2(5, lO'l.'") a.ji.) (Telegi'aphie.) Witshiiujidii, Mni/ 2.j, lsi)I. 1 ItKCKIVKl) a visit to-day from the Aetiin,' Secretary of .State, who came, hy dosiri! of the I'rosidenI, to express his deep concern that no reply (o Mr. Itlaiiic's proposal had hcicn received from ilea- Majesty's Ciovernmenl. IJy each day's delay more detriment was caused to the United States' interests. Owiiii; to the iinprotecteil stale of the islands, and to (heir heiiii; unprovided willi rations and stores, the riiileil States' (iovernment are unahle any lom,'er to delaiii their eniizers or (lie vessels nf the Oinijany. I l)ci;u;cd him to assure the l'rc.>iden(, in reply, llnl all p i->sil)li. expedition w.is hciii^ used hy your liOrdslii|); hut the form of .Mr. Itl.iiiic's [u-oposal, as well ;is tln' Lateness of the lime when it was made, had tjiven rise to i^r.ave dillieulties, si 'iic of which 1 explained to him. 1 told him that i hoped in ii day or two to receive the reply, hut that I would telcgraiih the substance of his eoiumuiiiealion t) your J.iOi'dship. 11 - . No. 17. Sir ./. I'liiuicfjole to the Miinjui.i 0/ Salinburif. — {Rireiifd .\fiii, 27, 8 I'.M.) (Tili'tji'npliic.) U'li.thinijton, Mny 27, 1891. 'rill' .\cliiiy Si'iTct.ii'y (if State liiis jii^f \vritt<'ii 111c a note to tlio samo cH'tict ns liin vcrlinl ciiiiiiMunii'atiiiii wliicli I ri'iHirted in my ti'li'tfnim of tlio 25fli May. Jlcadds, iui«('V( c, lliat llu' I'liitcd States' {iovcnim. .it liavo founil it rifccssary to (lis])atili tlio revfimc-slcanxr "Husji" in tiie isjaiids, and that the "Cdrwcn" is lu'arly ready to sail at San l-'ianciscu, and will very shortly put to sea. Should an as^ieemcnt, as piojiesed, he arrived at hofore Iicr de|mrtui'e to limit tlio '■lal catch, tihe can still take appropriate orders. No. IH. Till' Miinjuis of Siilisliur;/ to Sir ./. Piiunrofnli-. ;TeIoi;rapliic.) Forrlijn Offic, Minj '2H, 1S91. I II. W I", to inlorm you that to-niifht notice will he ^ivi-n of a Hill i^ivinj; power to Her Majesty to proliiliit for ;i iin.ited time llii- huntim; of .seals in Hehriiif^'s Sea. It is hoped that the llmise of Commons will sanction this Hill within ;i Wws days, lint until this has heen doM<' it is impos-ihle for Her .Majesty's (loverninent to aijri'o I'nrmallv with that of the United States as to a hio(/i(.v rn-nidi, or to send eruizers with nis truelions to prevent the scalinit-vesscls from enterini» Uehrinij's Sea. ( 1^ ) .A|»|i«'ii(li\. No. 1. .*'i>' ./. P(iiinirfi)lr lo III!' Miiiijui.'i nf !<(llishurif.—{lirftli((l Miiirli 2.) My Lord, fyaxliim/lon, luliniuri, LO, li*!)!. I 1IA\'I', llic lioiiiriir Id iiirldM' cniiios of |{<'|)iii!s nl' S|ii'(iiil 'I'lcaf^iiiy .A;;^;! ('. .f. Cioir, iiiiil A^sisliiiil 'rrcasiiiT .\f;enlH A. W. l.avciidiT, S. IJ. Nclllitnii, iiii"JM. 'I'liiso I!('|iiiit-i liavi- lici'ii traii-iiiii.li'd lo lliu Si'iiatc 1)^ tlu' 'I'rcasiirv I)e]iiiiliiuiil in rcspoiiso to a l!c'^ollltion i>( thai Imdy, luit _v, &c., viz. : — 1. Letter of Charles .L Goff, dated .July 31, 1890, .snhniillin;;- Annual IJeiiorl, willi the followinji <' nieiosiires :- (A.) Annual Hejiort. isno, dated .Inly M, |s!(0. (H.) Hejiort of .Jose|.h Murray, dated .Inly .Tl, ^^iW. (C.) l{ei)orl of A. W. Lavender, Assistant Treasury Agent, dated .Tidy 2(!, IRfiO. (T).) Statement (d' ^lals killed for year endeW> List of accounts iliic iiiiti\i's of St. (Jcorfjt! Islainl \>y North Anu'iican ('ornim-'rc'iil ('oin|iany. (<>.) itccciiits of A;:<:iil-i Lavender and Murii\- Au;;U:it U and 1 1, 1 -!)U, for seals ^lii|i|)ed from i-lands. (1'.) l'rol4'st of (icorir'' l>. Tiii;;le, Sii])eriiileiulei,t pf North AineriiMii < 'oiiiniercial ( oni|Miny, a{,'aiiist closiii;t season, -lidy 2i», !■:!)'>, an 1 i '[tly of Charles .1. (ioll, 'rreasiiry A^eut (Q.) Htaleiiu'Mt of skins taken on St. V Ishmo I'roni 1-^7" to If^DO hy Alaska ''oinnuTcial <"oin|ianj ; also seals killed for fooii for natives, Jmc, ■J. l{e|iort of S. II. Nettleton, Assist'int Treasiirv Si;cut, July !3!, IHOO, of allairs on SI. Paul l.sland, IWII). .'). Hciiorl of A. W. liavender, Assistant Treasury AKCiit, of August 25, 1890, of ntlftirs on St. (icor;;t; Niand, is;)(). I. Heport of A. \V. Lavender, Assistant Treasury .\^(>nt, Octoher 21, 1890. r>. Report of .\. \V. Lavender, Assistant Treiisiirv Anont, Octoher .^d, l.'j'JO. I!. l{e|iort of A. W. Lasoiider, As>i>tani Treasury A;,'cnl, Mareli 1'.', ISOO, as to -cliooner.s buizod hy the (Jovornment from !>-(» to 18^'J, their oouditiou, &c. I{es]icctfully yours, (Signed) A. n. NETTLETON, Actiuy Herniary. The I'rcsidcnt of tho Senate, Washington, D.O, 1. Letter of (Jharle.s J, Golf, mlmitliwj Annual Report. Sir, SI. Paul hiniul, Alnsloi^ .luly M, 1800. I herewith respectfully siihinit my Annual Kepoit latter i)art of .lune and the first few days in July wore too small to be killed, but this season the case was reversed, and in many instances fO to 8.') per cent, were turned away. The accompanying percentage examples will show tlio disposition of this year's drive. The first killing of fur-seals by the lessees was on the Olh June, ami the scarcity of killable .seals wns apparent to all. The season closed on the 20th July, and the drives in July show a decided increase in [295] . » 16 the ])crc3nln!iCH of small seals turned away, and a dcprcaso in llie killablen over the drivo- of June, dcinonstratinf;- conclusivoly that tiierc vero l»nl few killalilc seals arriviiiLf, and that tlie larniT |)ail of those rctiirniiij^ to the islands weii' the i)ups of last year. The averajfe daily killing- for llie season was 100, or a daily average ol ,">l'2 iiichidiii:; only the days worked. In 1880 the averaj^e daily killiiiir frdiii the ist June In the L'Oth .lidy inclusive \\:i. l,51G,or a daily avenif^o of 1,1)71 ineludinv: only the days worked. With this undeni;di|i' dccroaso in inerchantahle seal<, and kiiowincf the impoverished <'onuliject and my reply are inclosed. Hal there been a reasonahle proliahility of the lessees socnrinir their i|Uota of 00,000 se;ii>, I should have deemed it my duty to extend the time for killinfj to tlic ."1st .'uly. The killiui^ of the *>'< per rent., a tact which proves to every inipiirlial Tiind that we were redrivin^ the yearlings, and consitkring the number of skins oblaiiinl that it was impossible to secuie the nundter allowed by the lease, that we were ineiclv torturing the yoimg sejds, injuriii;: the future life and vitality of the breeding rooketic^ to the detrinu'Td of the lessees. n:itives, and the Government. On Hunday, L'Olh. July, all the rookeries presenting any mal(> seals were driven I'mm English May, Middle llilj, Tolstoi, fjukaunon, Kt'ctavia, and b'ocky I'oiut, and ,il>inil 4,030 seals were brought to llii' killing Held; 780 were killed, and s;J per cent, wiv' turned awny. On the same day at Xorth-east I'oint they killed 400, which, added to tlio'^e taken at the other rookeries, nuikes a grand total ol' l,"-.'40. 'i'his, and the killing on the I '.lib .Inly, are the only instances recorded during I lie season when tin- daily killing reached l,(JOO. Comparing' the killings with llin^i' of the same dates hist year, we tind that on the I'.Uh .Inly, ISS',). tVom (South-west Hay liauling-grounds alone, l,its7 were killed, and on the ■JOIh .Inly, ISM), IVom the K'lii' Uookery and Zoltoi hauling-grounds 1.",)1,'! were killed, and never were there >iicli percentages turned away during the entire season nor in any previous season, i" my knowledge, as in that of ls!)0. It is true, however, that the Alaska Commerciiil Com])any could and did take smaller seids last season than the present lessees can t:d{e. because of the dilleieiices in the tax ));iid by them, yet there have been no two-year-olds "t an average size turned away this season, they were all immediately clnhbed to swell llie season's catch, which is far hehjn the number allowed for this year, a condition of alfiiis that will convey to the I 'e)!:ivtnient iu language far more convincing than mine the t.itl that the seals are not here. The Morth American ( 'ommercial Company's agent, Mr. (Je(uge l{. 'I'in;;lc, n-cd every ellort to have the drives made so as to have no nnneces.sary loss of seal life, and lie would have made the season a most successful > ininniliMlcly aUcndi'd (o, Im fore the sciil tainily of tliu I'rilndov ;;ri)ii|> of islands will l)c ,'i lliiiii.', ol' (lie piisl. Xotuitlisdindini;' the I'act that tlie seals wrw looked upon as inexhiinslilde. and were oHlcinily reported to he increaHiii;,' as late as l-"'-^, the lini|ierty, and the (toveriitneiit, I am sure, will not yield to any demands which would make it possible to accomplish the deslrtictiuu of her seal rookeries aiul seal life, which imdcr judicious nianaireinent and ])rotection by law mtiy he per|)etiiated indelinitely." There is hut one authority upon seal life, es|)ecially the seals of the I'rihylov Islands, an! this is the work of I'ndes^or Henry W. I'lliiid, who surveyed these rookeries in 1872 aii.l 1S7I, and his work w.is veri(i(Ml by Lieutenant .Miiyiiard. and I am satisfied was as mar correct when made as was possihh' for mini to chronicle, hut to-day there is a marked contrast in the condition of now and then. On p. 5t of the Professor's !iiiiMo;,^raph you will find lu' places the number of seals upon N'orlh-east Point Rookery at I. in:), 000. Standiii;;' on a ])romineiit elevation known as " Hutchinson's Hill." in the month of .lul\, and facing;- the north, 1 had before me a sea niargiii of over :.* miles, iiiriiin^- and facing the south 1 had a sea inar!>iii u\' over 1 mile. 1 could view entire tiiis onci' famous rookery, and it was simjily impossible to realize there was ever sucii a inoviiij;' m:iss of livitiii animals a^^ Profess, r I'illiott describes ; his estimate seems incredible. Vet Ids writin;;s have never been I'eliitcd. 'j'o-day there is not to lu ^een over •J')n,iiO() seals of all a^es and sexes. I'o the extreme south-west of the island is the Heef Rookery, reported to have (by I'rolessor Kllioti) .'lOl.tiilO seals in 1S7|.. It has not over J()O,(l()0 seals to-day. ■ tiarholcb,'' the ndjoiiiiiiji- rookery, where the Professor says he stood on Old John ]{ock and saw '' 1(),(IU0 liulitini; hulls, I can stand and count every hull in sight. This rookery with the reef is an extendini;' point rimnini;- out into the sea sl()|)inu; east and west with a iar<;e surface of tablelaiul in the centre. This was once a paradiiig- or playinu; ground 'vlicre the seals met as they came from the e:istaiid west .sides ; it was the resort of over :.'iMj,ii()0 seals, now the reslin^i-placc lor a few cows and pu])s and now and then a worn- out sleeping hull. The iiuinher now \i>itin!;- these rookeries (the Reef and (jarhotch) find ani])le room on the two slopes, without )iiisliiiiii; hack on the ])lateau ahove. Z(dtoi Sands, once a I'avouriie haiilin^-nround lor the bachelor seals, from where tlioiisands have been driven and killed for their skins, is entirely deserted, only, however, a >h()rt time in advance of all tiie haulin^-ifroiinds and rookeries, if ininiediale steps are not taken by the !)e]iartinenl to nurse and protect these rookeries. Tukannan.a rookery I'll the east side of the island, between the Reel and Polavanin, the most pictures([ue .seal Linmiids of them all, where the seals were wont to haul upon the clitfs and in the iiilcrstl.-es between the riiy;;ed rocks for over half-a-mile on the sen frontage, ii most iiivilin;; home for this iiiy>teri(nis [lelaiiic family, where, in connection with Keetavia llookerv, with the same sea ratine, tluTe were •i."i.->,()()0 of these animal.s, ))resents at ]iicsenl to tlie most caret'iil estimate not i",er 7.'),0lit) seals. P(davania Rookery, hIiIi <,""" 'eel of sea nuKijin, with a seal life of .■(00,000 in H7I ; Tolstoi Rooker\. with .'!,()(»() teet of sea miir;;iii, with :.':.\\OI'll seals in 1871 ; and /apoiline, with .o,sso ieet of sea mariiin, with dll.OOO seals in 1874, nil pr('sent a most i|i|)|,,rable condition, and do not show over onc-eii;lilh ol' tin- seals as reported hv Professor Klliott. With these i'acis in view, I am convinced there will be a i;reater decrease in seal life .At year (ban ihi>, for it will not be in the power id' liiiiiiaii in;ri!iiiiity to check the ■I aiKaiicr toward-, cxterininatioii now ;;oiiij;' on in tliiU lenj;lh of lime. In eonchi>ioii. I icsprcllnlly -llJ;^e:,l that liicie be no killiiiic ol fur-seals tor their 'ins oil these island-, nor in ili/ v.alcr of !'M'l;ii!!;;'-> Sea, for , -in indelinile number ' \iav^, (o ill naiiii-d by the Secrelai\ ol' the Treasur\. and lei Natni'e lake her I'ourse 111 n pleiiisbin'.^ the lookciies, and lliil tin I >ep,ii Inieiii take the entire nuitler <)f |iiiilectiii^- these rookeli'' iiuiler it iniiiieiiiali' ,N|i|irrvi-ioii. for I re ;aiil aii> other svsleiu \-J'.>o\ ' \t -2 18 of prolection 'Inngoroiis to the fulurc of all interested. Tlie liinitcil nuinber of senls killed this season ])y tin- lessees will, iniddiibledly, leave (he inajoritv of the nativi's in absolute uanl, and their eonditioii \mM a|i|ieai to the Department for aid. 'i'lie ainmint distributed to the natives upon tiie Islands ol St. J'aul and f return in the spring, especially so with the nativcsuf the St. George Island. With this fact in view, I made the followinhi(i, hut said certificate merely to bo accepted as a. voucher of correctness. The matter to be adjusted in the future with t!ic Department by the North American Commercial Company. The Department will have to make some i)rovi>ion I'or the support and maintenance of these jjcople, as their mode of making a living luis been destroyed for the jircseiit, and their future is only what the charity of the Government will make it. There is utterly nothing hero upon which they can dei)eii(l for a livelihood, until theniueh-wislieil- for return of seals takes place, an event too far in the future to give even a promise ut' better times to these unfortunate people. Ke.spectfuily yours, (Signed) CliAI{Li:S J. GOFF, Trensui y Agent in clinrye of the Scul hltiuds. Hon. William Windom, Secretary of the Treasury, Washington, D.C. (IJ,,' — Hrjioii of Joseph Murray. Oj/iic (f Sii(i:iil Ayfnt, Trvtisiiry Dcimilmimt, Sir, .Sf. (iporyr hhiiid, Alaslm, July .31, 18!)0. I have the honour to re])orL that the health (if the natives here has been unusually good during the jtast year, and i> at present far better than any other time in many years. There is not a case of sickness on the- i.-hind, excepting those of long standiiifr, due to .scrofula and other chronic diseases. "With one single exception all the workmen an- well ami hearty. AVe had a full ieiin of .school from Septembir until May, and under the care of the teaclwr, T)r, \j. A. Noyos, it was a> well conducted as any iiublic school of its size in tlie country; but, after all, I find the children made ne.xt to no jirogress in acquirin:; simplest rudiments of our language, it seems incredible, hut it is true, tiiat young i.ui! and women who have been to school here for seven years do not know how to s[icak or read a sentence of tlie English language. iiOokiiig over their shoulders as they write in their copy-books, and observing (he ease with w Inch they follow the head-lines, one would think they were making ra])id progr> >s, but ask any one of them to read what he or slio has been wridng, and they cannot do it. It was long suspected (hat the older jicople secretly influencet as ignorai.t of Uns.-ian as they are of Kngli^h, ami as backward in leannng it- There has been one day of each wecdi devolid to the Russian s.hool* which, Iti my opinion, has a had effect upon the children in iheir attempt (o nla^(er (be Fnglisli tongue, and 1 therefore respectfully suggest that l!ie inaclice of tcaidiing Russian In (he school children be aholished. Afier a year's residence lieie, I am able (o say thai lln' people as a whole have conducleil themselves \(ry\\ell itideed ; not a loml, vulgar, er angry word has been sjioken in my hearin;r or to my knowledge by a native man ei woman on the island of St. George. Not one case of drunkenness or drinkiiig, nin anything approaching to it, has come (o my knowledge. A I'ase of wrong-doing liy ("n white men, employes of the Alaska Commercial Company, comptdled me and my asM^liiiil. Mr. A. P. Lond, (o complain lo .Mr. Slo>.-., the 1 Msidenl of (be Company, who iimnc- diatcly removed and discharged (be ollemU rs. l'^.\ceiiting one instance, (here has iiol been one word of eotnplaini from any (|unrler. The men who wintirred in (he ser\ice of the .\laska Commercial ('ompnii\ iire iill good and worthy, especially the agent. Mr. Daniel Webster, and the ph\sieian, l>i. ■\- '- 19 Noyes. [ take pleasure in tlius tcstifyinf? to tlicir worth, for I linve found tlieni lo In; uprifjlit and lionouralile at all tinu's, in all tlieir Irnnsactions with the natives, willi whom they arc deservedly very populur. I have endeavoured to promote a more perfect sanitary system in the village, and I find it is not so hard, as was expected, to prevail on the people to adopt better methods, if one will be patient and treat them kindly. It will be an impossibility, however, to do much toward establishing a saniUiry system of value inilii we liavc better water and a more abundant supply than is possible under existing conditions. The jircseiit su|)i)ly of water for domestic purposes is obtained from a well into which the drainage of half the village finds its way, and the wonder to me is that the pc'o])le arc ni t constantly sick while they liave to use such \\k' and the necessary hydrant and fixings sent here. A drain is the next essential to success, and one of 700 feet in length can be dug easily, and will suffice to carry all the dirt and ofiiil of the village into the sea. It will be necessary to hiivc 700 feet of 12-inch drain-pipe. The total absence of water-closets on this island is a disgrace, and is beyond all (juestion tin- cause of more immorality, disease, and deatli than all otiier things com- bined. That such a state of things has been allowed to exist f(>r twenty years is a disgrace to our civilization, and I do hojie you will insist on the present lessees or on the Pepaitment to have it altered at one ■. The subject is so .lioininablc I dare not write it in a public Report. It is absolutely necessary, too, that at least six of the dwelling-houses bo enlarged, us the families now occupying them have not room to live as human beings should. It may be true, as many assert, that under Russian rule the natives were not housed one- half so well as they are now ; but such arguments are of no avail in a country like ours. \\ hen a family of seven persons, of ail ages and sexes, are packed in a sleeping apartment measuring 10 by 10 feet they are not treated right, ncr docs our (lovernment intend to haye such things exi.sting where it has jurisdiction. '{'he dwelling-houses are badly in need of repairs, ond the attention of the local ajrent, Mr. Web.'-ter, has been called to their condition ; but as he is to leave the island this year, it may be necessary for you to mention it to thetJeneral Manager of the North Aniericau Cominercial Company. Mr. A. W. Laveiuler arrived on tiie 2()th, and inmicdiately entered upon his duties. Oti the 12th .Inly the watchman rei)orted a sciiooner in sigh! jff Zapodine. and 1 armed the men and scut a scjuaii to exposed rookeries, Mr. Lavender going to Za|)udine with four men, the second chiel' and four men to East Rookery, and I went with four men to Sturri-Arteel. We all watched until next morning without seeing an enemy. To facilitate the guarding of the rookeries it is necessary to have some sort of shelter for the watch- men ; a small hut on each of the three rookeries would be sufficient, and they need not cost over rjO dollars each. On Sunday, llth May, the schooner "Alton" (Captain Worth), of San Francisco, touched at the island, and the captain came ashore and informed us of the new lease and new Company. On learning of the change the natives held sevcr,'.il, allhoir_:li tin' driving' and killing were under the imniediate sujiervision of Mr. W Chstcr. who is admitted to he the most experienced and most careful sealer on the islands. Until the 1!)th July, an attenii)t was made to keep to a standard of not less than T-lb. skins, but when it wa> apiiarenl heyond i|ue.-tion that there were no lar;;o young seals on the hauling-ground, the standard was lowered and skins of 5-lhs. wciu taken wherever found. It was thus the last two killings wt're swelled to their i)reseiit proportions. For the whole season we obtained a total of 1,112 skins, against a total of l(),i;3s on the same date last year. That the seals should have disappeared so rapidly since the l{ei)ort of your ])re(li'. cesser in 1888 is so astounding that those who cannot see the rookeries and haulin;;. grounds for themselves nniy well he jjardoned lor doubting what is, I am sorry to say, only i)ainful though it he to all who an; interested, the whole truth must nevertheless he told, and that is that the seals have been steadily de(Teasing since 18S0, and the d.iy^ arc passed and gone when they could be counted on the rookeries by tlii' million. I have carefully examined the mokeries and liauling-grcMmds at .Siairi-Artei'l north and cast, and I tind somewhat les- iialf the gnnmd covered when compared with former years. 1 accompanied the nuiivcs alien they went to make a drive I'loni llast Kookery, and we walked along the beach from Mttle Kast to Ivist Itookery without linding one seal till we came to the breeding-grounds ])roper. Kither Mr. Lavender or I was present at every killing made ; we saw the nund)ers that we turned away, and we counted the skins of all that were killed, and wc tind that what is true of one rookery is line of tlieiii all — the seals are not on them. Now that the seals have disai)peared (lie natives are very nuieli alarmed, and they anxiously in(piire what will ihe (lovermnent do for them in their destitution. Tliey have earned during the i)resent season 1,114 I dol. liUe., w liich, 1 need scarcely aild, will be entirely inadequate to supply food ami elothin',' lor a year 1'or a po]mlation (d' ninety ]K'0|de. 1 never knew a people so altacln'd to a church as these ])oor creatures, and no»v they are in great tribulation becanst- they have no means to contribute to its support, nor to the support of the priest and his family. At one of their many meetings they re(inested nie to write for them to the Jhissian-Orcek Church Ijonsistory at San I'raneisco, ami appeal for aid for their jiriest and church until such times as the seal tisheries should recover and make them self-supporting. Injustice to the priest, 1 may tell you that, he was the first to say he shmdd not have any share of the earnings of this season, and that lie would not take any nn)ney from the people until timi-s memled, and that he could afford to pay; otlicrwise he should apply to the Consistory for a position in another locality. 1 have endeavoured to impress upon them the fact that they arc not to be aban- doned to their fate; that the (Jovcrnmenl will not allow them to starve or suller, but will take care of the ])eo])le and ot the rookeries until the rookeries are built iiji nnd fully replenished, when prosperity and hap])iness will return to the island once more. All of which is most respectfully submitted. (Signed) JOSEl'H MURRAY, First Ai'siatdnt Aijent, >SV. (Icoryc [■•erial AijenI, Treasiiri/ Drpiirtiiirnl, Sir, ,SV. (li'oryr Islniid, l',rliriii(/'s Sni, .liili/ 'Jd, l>!!IO. I have the lionom- to make you the following l>e))ort td' this season's sealing by ''"' ■Noclh American Commercial Company, and to oiler su(di recommemlalions as in my judgment should he i iiforced by Ihe (iovernment for the proiedion of lliese nmKi'iiis diiriii!; the ne.\t six or seven years; mKo to report to you (he condilion of Ihe nalivi-- anil their boiis'.s. nnd lo a^K ilmt mndi repiiii^ Id tluii' house, i\> are abscdiilely reipiiied lie 21 I'uniiNhcd as soon as possible ; also to request of you in yoni ileport to the HecretJiry of the Trensiiry In ask i'or ',]5i) dollars for repairs to tlie Government House, and such ntlicr iirticlt's as I shall mention in this liC'])ort. Ill accordance witli your letter of the 2()tli in*itaiit, askinif me to ship the 030 I'ood skins in the United Stall's' IJevenue .Marine cutter " Rush," I will state that I have ii.inplied with the same, and inclose you a receipt si;;ned hy the Captain, a dujdicate of I 111' same I hiwi: in this olliee on lile. I will also slate tiiere are twenty road skins liere ill the salt-Iioiise. The killini; of seals on this island was slopped on the 2(Jth ; a list of each numhcr killed out of eacli drive I inclose also to yon, and you will see that the last drive from N'orlh juid Starri-Arteel H(rnmeTit should take absolute control of these islands and permit no seal to lie killed more thiiii are needi'd by (he natives for food for the next six or seven years, ,ind then all the male seals driven should lie killed, as it is my opinion that not over one-half ever go hack upon the rookeries again, in this way there would he killed upon this island about '2,500 each year. These skins sold in the market would pay all the expenses of the island and furnisb such supplies to the natives to keep them from want, ;nid they would he as well satisded as they are now under the management of the North American f'oininercial Company. Without something of this kind being done, the natives will soon liavt- to move from these islands, for there will be nothing te keep them here. The North .\mericaii Commercial Company has landed and turned over to this oHicer ;30 gross tons of coal i'or the use of the natives and ten barrels of salt salmon, and also slate tJiat there are 10 tons of coal in the coal-shed for the Government house. Most all of the native houses need repairing; some need a new Uoor, others a new roof, and I uould recommend that at least four of these houses be made larger by the additmn of one more room. The (loveriniient or Company, whichever has charge of this island, the next season should send at least 10,(1(10 feet of siding and 10,()00 feet of flooring on the first ■ieanier that comes up in the spring; also ;}5,000 shingles, and nails enough to do the work. T!ie nadves are in better health than tiiey have been for the past year. I am not .iware of there bcinjj a sick person on the island. Their sanitary condition is bad, and to each house there should be a small outbuilding, which they could use for a clcset. Such a thing seems to be unknown here. The rejiairs re(|uired by the Government House arc as follows : The front platform needs rcbuiidiiig, and part of the ro(d' needs shingling, and the whole roof to be painted ; also thi; house needs painting and papering on the inside, and the fence repainting. The articles re(iuireint .. ., ., 97 ■ • , .• ,, 98 , , 98 July 1 1 Rar Norl'i-ivijt I'liinI •• 210 1.W .. |.. •• 240 131 •• 246 131 2 Ilnlf-wiiv I'mnt , , ,, 210 • • J 2 240 2 242 ^, 2 NiirtliH-nAt I'niiit .. .. , , 90 90 , , 96 3 SiM.lh.ni-t lt«i ,, , , 181 2 .. 2 181 2 183 3 Nurtli'i'iiit Point .. , , 1X0 , , ,, 180 , , 180 " * T^ll.lni,Knl:li^llllav..■|Mll.MiJllk■ lllll •• ,, 472 19 3 22 472 22 494 J^ i North cait I'oiiit ,, 318 ,, , , , , 321 ,, «1 '• He.f Niirlli-Mnt I'ciint " 524 74 ' ' 525 74 1 526 74 •• 1 Eiillliili Unt, MiJille Hill, Tol- Btiii, Luk<«nii()ti, and Ki-UviL- •• •• 4011 U 1 .. 11 400 11 411 7 ,1 , , 400 , , 11 1 .. 11 400 11 411 7 North-cnst I'liinl .. .. , , ,, 330 .. ,, 330 336 8 Halfway P.iint ,, 257 3 1 4 257 4 201 H Niirth'fa^t Point .. .. ,, 378 • • • • , , 379 ,, 379 9 South-wMl l:.iy , , 100 1 .. 1 102 1 161 9 NortU.ea>t Point .. .. , , ,, 271 • • * • ,, 271 . , 271 ^^ 10 Rf.f ,, 373 2 2 4 374 4 378 10 Niirlh.<-;i*t Point .. .. ^, ,, 112 .. » • * • , , 112 , , 112 IJ 12 Enslinh Hay, .Mi.lilli' llill. ToU ,. ,, 021 5 4 .. 4 029 4 033 ■toi, l.ukiinnon. and K-tavU' 13 Half.way Point ,, ,, 211 1 .. ,. ,, 211 ,, 211 13 North-enst Point .* •• , , , , on 1 .. ,, 17 17 Oil 17 058 14 Kcef , , ,, mi . , 1114 . , 104 " 15 EnitlM. n«y, Mi.l.llf Hill, Ti.l- utoi. Lukannon, ami Kilavie •' •• •• 315 •• •• •• 315 •• 3U 15 North.riLst Point . . . . , , , , , , 215 .. , , ,, 245 , , 245 10 .. ,, ,, 311 .. 1 1 311 1 312 „ 17 Polnvnia, Lukannon, iiinl Kt'- ,, ., 309 i 3 ,. .. 372 ,. 372 tnvic ^^ 17 Nnrth-cast Point .. .. ,, 485 ,, ,, 485 .. 485 1« • > .. ,, , , , , 405 , , 405 , . 405 ,_ 1» /apodini' .. i. *• ,. , . .. 80 .. ,, i:>(i 80 150 236 19 RrefanJZoltoi ,, ., 517 2 3 4 7 519 / 556 ^^ 19 Nortlia:*t Point • • *• ,. ,, 440 .. .. .. 110 ,. 446 M 20 EnRlitli Hay, Mnl.lli- llill. Tul- ctoi. I.nkannon, Kftu\ii-, anil Point Kockv * • 752 18 4 ■ * 758 22 780 1. 20 North. cant Point .. .. Total Mil IK. 507 2 47 •• •• 5119 47 556 3 1 1 ! I0.7s:i 50 1 1 185 60 311 10,833 391 17,721 [295] 24 t^TAliLE sliowiiiK (liHposUion of tlie ri'jccleil Skins of 1«00, wliitli I refuse lo destroy. Tiiliil nunilier "f skins rc'jiTteil .. •■ •■ •• •• •• July 10, «dr|ili J Hv lr»M« "I Nortli-(n-l roinl., .. „ 20, ,. „ .. .. •■ ,, 'JO. »c,i I'ipil by l.'>«'i'» ol >ilUi!o.. •• •• "• Nciw ill •nit nl Ncirlhin.t I'oint .. •• ■■ Now in Milt lit rtllm;!' •• .. •■ •• •• '• Rrcuivfil liv Nurtli Anifti.nii Coiiimirrial ( oni|iiiny In iniiki- ml- f..r Itiri-.' .mliliiji-. nil.. iirV I.I iviiil.r on Si, M;iltlii-»'» Mmiili |.fliilili-hinK a Iriilin.' »l.ili..n f.ir .iinl Compniiv .. •• • • •• • • •• I'r.if.mi.r Williaii. I'.iliii.r. o( th.' Siiiiltnoiiiaii Inililuli.in.. S|i.iilnl (in ll.r ti.'l.l .. •• ■• •• •• Oitin ^l tlir iiiitiM'H .. »• '• •* •' '• •• 22 -13 :i4 i; •i n t I.M'i li 3'Jl The North Amciican ("oniim-rcinl Comimiiv ask-, for live spcciim-ns for fxliiliilion »• per accoinimiiviii^' letter, imd reiiorted killiiiir one cow. one iiii|), o'le bull, liir>,'e. llirec males oi iliderent ages; total, six. (E.) — Annual Stf.tenient of Fur-Se.'ils kilieil on Si. (Jeorjje Island, Alaska, during llio vear ending July 20. 18"J0. Uookrry. Numln-r of Si-nU killei by Lf^li > ■ or Skin... Agsrisalc. Date. ArcfplrJ. Ufjivl,"! (or .itliiT Tolnl. Skins Skin, T.iHI .Sfiil. ,, . S.Timd Du.l ..n tl.'lT|ltlll. rtjectid. killcil "*^ -2 '"""■• 1 Cla.s. tli(> r..iiil. 1890 June 2 N.irtl, n , . 71 71 , , 71 Hi Kimt ., jii , 1 , , 21H 21H ,, 2I« 18 XortI, ii:i 1 IIH 117 1 118 la Eiirl nnil I.iMli' F.ntt < -'J '.! I'l IMI ,. 181 20 2(^iipn(linc i. .. .191 391 Mi ,, 394 23 Slirri-Arl, el nn.l N.irlli Itli :! Hi! If,4 ^, 104 25 E.i»l tii.l l.itllii K.i»t.. \x> ' i , , 1!>I 181 ,, 181 28 St-irri-Art.el iili.i Nortli IfS ■ I lil9 1»9 , , 189 3(1 X)i|i.i(lin. .. 1H!I IK9 1S9 ,, ir'j July 1 Eiut an.l Little I^ntl.. llj 1 119 11.^ 4 149 3 Starri.Artf.1 an.l N.irlh 2:11 ' 1 238 234 4 238 5 E.ist iin.t Liltli- EitHt.. ,. .Mi 1 1 .. 57 57 57 7 Za|.o.liii<- ,. .. .'i7 . . 1 5S 57 I 5it 8 Kiut iin.l I.iltli- llast.. •J.t 1 24 23 24 'J Starri-An.-il mnl .Nurll, IH3 1 3 7 193 IMO ; 193 11 Enit .'I'.l 1 fill 5» 1 IJO ii St.irri-Arl.il iinil N..rtli 10:; 1 103 102 1 1U3 It Zapn.liiu- ,. 5.1 53 :,3 , , :i3 15 Ki,.l 131 1 13:; 131 1 !:i2 10 Jitnrri-Ard'i 1 innt Norlli .• 119 , . ll'J 119 , , 119 >, IS Eail 71 , .. 71 71 , J 71 20 Stairi-Arteel and North fi34 7 1,11 C4I ,, lill 20 Zapudiiit: «, •• •• Total 527 •• J- 7 3i7 • • 527 1,08G :.'l 4,132 4,1IJ 21 1.13:1 NuTB.— One ri'jfcttii hkiti was mviii to tlii: lliicf, iiiiil tli> ri nuiiniiit,' Itttiily wi'i> ciilUil ilnwn m iJh- ftiilt-Imii.-..' till turtlitr ilt.lmii>r, iiml I'r.) at imr >all-hoiisc at Zaimiiiiic. 'I"Ik'>(! '('.)1 I'lir-M-nls ui'ii' killiil \\y the natives for IchmI iliiriiii;- tliu wiiitor 1 8P!t to 1<9", aiiil liavc Ihh'Ii sallcil and carcil lor liv llie Alaska < ^jniincrciai r'oin|)aMV lu;t'orc the traiislcr of its proiurtN to the N'orili Ann ricaii Coiiiiucrcial t'oiiiiiany, tlio'iirescnt hiiMi'rs 1)1' tliL- Icasf tor the Seal Inland-. I Imvc, Kf. (Si^iR.l) KUDOLI'II jNKUiMANX, (1 vial Ain'iil, Ahislid ('niiiinrrrial Cmnpiinu, lion. CliarlesJ. Ooll, Uiiitcd States' 'I'rcasiirv Aj:('nt in clmriri' of llie Seal Islands St. I'aiil ami Ht. 'Jeorire. ('. kUle.I. Si r, Alaska Commercial Couipani/ of San FrancUrn, St. Paul hluiui, AUtska, Man ;!], 1890. Ileronitii I would ask ))or;nission lo sliip. per steamer " Hora,'' .T,l!l'i fur-seals, "94 ■'lairy skins lieiuu; inelude(l in this number. ,iiid sUired at jtreseiil at our villa,i,'e salt-liouse, ,111(1 :.'!IS at our salt-liouse at N'nrlli-easl I'oinf. 'i'liese ," '.)} t'nr-skiiis won' killeil liv the natives for fuo.l duriii;; tiie winter of ISSO to \^'M\, and ha\(' lieen -alted an 1 eared fur liy the Alaska roniuier for the Seal Isiamls. I liave, &c. (Si-ncd) HUDOI-PH Ni:UMANN, Grnrnil Aijtnt, Alaska C'liiuamcial Vomiiany. Hon. Charles , I. (ioli; United States' Treasury A;^ent in eiiari^e of the Seal Islands St. I'aul and St. (Jeor^ce. Sir, fii leply to your eomniunieatinns hearing; date the 2'illi and .Tlst ^^ay, respeetively, .-i^kinn' jiermis'-ion to remov(> the fur-'-t'al ^kins now in the salt-houses on St. Paul ami Si. Ueor;;e Islands, I will s;iy, in imr^uauei- to iiistruclions reeeived by me from the Secretary of the Treasury, I will lia\e lo re^peetlully decline lo allow you to remove the skins in (piestion, and herewith inform you that all uny, ClmrloH J. Golf, Treasury Agent in clinrgo of Seal Fisheries, iSt. Paul Island, Alaska. Office of Special Aqenl, Treasury Dcparlmenl, Dear Sir, "S7. Paul ' mil, Mij S,"lH permission to assort and exnniine the skins (if the seals killed for food dining the 'er id' ISS'J and IH'K), nnd to take such as you may adjudge ncccptahit to your CouiiJ.my as part of your season's eateh (or this year, has licen carefully cnnsidcrcd and yotn- re(|uest respeetlully declined, as I have no ojition in the matter other tiian to .strictly ohey the orders of the Secretary of the 'i'reasury. 1 avail myself id' this ()]iportiniity to notify you tiiat on and after the 20th July I sliall re(|uire 30U to conform to that clause in my instructions which prevents killing ot fur-seals for their skins after that date. iiespectfully yours, (Signed) rilARLKS .1. C.m V, Treasury Aijenl. George R. Tingle, Esq., General ]\tanager. North American CommereinI Company. 27 (F.)— Anmai- Htfttoinont of rm-Scals killed for Food on St. I'aiii island, AlasKn, diiiiiif,' till- year ciidiii;; May 21, iH'Jd. SiiiUkil|..iiror Nalitr Fuoil. 11.1 Iliinkfrjr. {.arfffl Nrkli, Tol.1, Kkini Kkilta rrjrrti-il ■ .MMCi. (■n.l.-r Hlifv, cm. IhS!) July 31 Zolml , , ion 100 110 , , ,, A Au». II Lukannon . . , , 1A3 103 103 , , ^^ ,, 11 Baliini'o o»er •hl|mipnt In ull> ,. 58 i8 ii , , • • ,, liouaa ,, M Zollol ,, 131 131 121 3 ft ■ri ,, , , , , , , , , 141 141 139 , , 2 ,, 31 ToUtfli ,, 178 178 87 1 91 Srpt. IH Kollul •• 141 110 1117 141 no 107 •* 1 141 110 Hill O.t. 1, •• 120 IM.I 120 101 •• 1 4 119 99 ■Jll I.iikinnnn .. ,. ., ,, 1.12 1.12 44 2 Hll N..f. 4 Z.,li.., l.ni4 12.-I 12.'i HO 3 12 ,, I'J ToMni .. 1.23(j 221 224 2. '3 1 , , „ Jl lU.f ,, 317 317 317 , , , , •27 .. . . • • •• 1U2 1112 1>9 :i j^ 27 /fipoilinr .. .. ,. , , 10 10 |o , , ,, .•in llr.f , , 240 240 210 4 ,, II.C. 11 Zapmlini- .. , , 213 243 240 3 ,, IS'Jd .' n. 27 Kial.iunRo.k ,, 17i I7.^ iro i •Aay 21 t • . . •* .. 131 131 .31 •• ,, 2.2(i(l 3,232 3,232 2.190 31 7'Jl 11 SkiiK at Norlh.PMl l'i>iiit, » killiil fur wati'linirn (iramt total <>l k. 1 4ki:i» ,. 1: .-.111 •• •• •• ■• 3,.-.33« ■• .. 188 A»ir. 10 19 30 North •• .•iJ if, 4H ,, •• • ' -18 Sr|it. 7 21 .'to Knit North '.. '.'. '., •• M .-.0 33 •• ** • • Gl .13 n.t. 11 21 ,11 Sta'rrl.Arlrrl Nnrlh ,, •• 37 32 4 • • •• 37 Nov. C 12 2.'. StarrUArlcrl CDO 471 6 fil •• •• •• •• M.y 13 .".I Nnrll For the wati'hmil;iiiiU t-mly in Sfpl.tiiUn . t 'i'lirsc nkiiiH (ll.'UI) will ti(f <>|ii|i]H'(l on liimnl friitrii Sl«trs' cilUfr " IlJihanl Hush," aiii) t-nii^i|;n(Ml tci (iillf^-tor of ru>toms, Francl-i'O, tis per your iri*lriicliifn» bfiirinij ilnlc May .'>, Ih'.tO. Tin- slc:mit r will h-uvi- the Si-ul 1*1 iiiiiiiK tl to Ciillt'chtr of Custuins, ^im ' ' Ills fUily ill Sfpt<'ii)))tT. »i([n(Ml tci (iillf^'tor of Cuy M.iiiiU ttirly in Hcpifmbfr. (G.)— Taiuj; sliowing the killing of Fur-SealH on St, Paul Island up to July 20, ISSO, l,y tilt' Alaska Coniuiercial Coni])aiiv, ami (ip to July 20, 18IJ0, liy tlie Xnrlh Auicriciiii Conmiciciai Company; also Daily Weather llepoit tVoui Jun'j 1 to July 31 ol' each L car. VlUAGE. Dnti'. Numlicr ij killed. i| Dale. 1 Niimlier j kilk'd. 1889— 18n( J uni' ' 21)1 J I nc Ci 116 „ 10 I'JII ,. 11 674 „ 12 917 „ 13 182 „ 14 7CU ,. 16 317 „ 15 310 „ 17 l«7 „ 17 » > 1 .Oft 1 June 17 in 1H 1,'270 IM 78 i:) ■191 1 ^0 438 21 !,l!ll.') 21 90 ■2t 7S4 23 179 '2'i 1,4117 „ 24 205 L'O ..; -141 25 IC.G 27 844 27 230 '_'S 479 28 70 U") i- 1 ;i35 Julv 30 1 98 Inl ..| I.'JIKI 131 2 1 96S 1,55!) M •2 3 9fi 180 1) 1,524 M I 321 r, 37fi 'i 74 H 11 914 C4I S 33(> 379 in HOO 9 271 13 1,) r9.'5 1.S3S 111 13 112 fiSS ir, i.lji: 15 215 17 848 1 11! 312 IS 1.282 17 485 19 81! 1 IS 405 ', •_>() 2I:J ! 19 20 44"! 55n Tolu' 15.070 'I'otiil 5,007 • 213 tills (luy to make the full quota of 100,000. HlXAl'ITULATIOX. Totiil ir'Mil.i'i (if fur-.seals lullnl bv lessees uii St. I'mil Isliim! fioin 1st .Tune to 20tli Julv— USI IM .. fi5,lh7 .. 17.105 D^.v (if .M»iilh. J iiir 1•^^■J. July l.'-.iLi. Jum- IC'JO. JuIt I'^im. Mn«. Mill. I ■i 3 I Ti (; 7 H :) 10 II 12 1.1 14 l.'i Id W 18 10 >0 21 ■n 21 2.) 20 27 28 20 30 HI 4(1 41 411 17 .•id 44 47 ' Nil rei 44 1.1 4.4 :i8 43 42 4.1 4r> 40 49 45 *6 45 40 42 411 49 M M :>o :-,3 4 1 :;!) :ii 4.1 :i(i .,r.l M 10 'M .'17 .1" :i7 :i7 :is .in .■1(1 37 :u :w :is .•lii 40 40 41 II WuatlliT. I'Mirsy Cliiuilv Ituiil Tiiick r.is itiiii CliMuly Itiiili CliT.r Cliiudjr Uniti Tliii-k f.i|! CloiVily (Jl.'iir Cli'iiiily . Max. Mill. Wialhcr. i Max. Mill. WcatluT, Max. Min. Wi-.illi ■'■ i I.I 40 CU-M- .'ir 33 Sii.m 40 40 Foir. 48 40 llaiy 34 32 ll.iiv 4^ 40 48 42 It 33 Clciir 40 40 ci.ar. H 41 n.nr I.' 31 l-iii.' 47 39 I'J 40 llixv 42 32 (•I,«r .'ill 40 ,, a 40 1.1 31 r.'R 51 40 ,, VI 12 ■r'u.^k (hi; . . 41 34 lli/y .-.1 41 ,, .•ii 40 tluiii 4H 30 KhIii 41 4U i.'i 42 lli/.v 1.1 39 Tliiik In..- .. 4li II llazv 1!) 12 ■riiick ton .. 14 31 .1 ., 47 12 .■.1 11 Koi! 43 37 .. • • IS 43 F.ii:. 6) 12 Clinr ' 42 37 F.i< .'.1 41 ,'l(l 4U 43 37 48 43 4'J 4U .. < 43 3S II 43 Il.in. M 42 ,. 48 39 Kain 4.1 43 fng. .10 42 .. 43 30 I'.ii: 44 41 47 4,1 Ila^y 45 37 lt:iill " 42 ,, 48 42 , ■• 44 37 Clear 47 42 „ 52 42 Koj 40 37 Fiii( . . 50 40 4'J 41 fl.jr 1 43 39 Kllm 40 411 40 43 Tliii^W f.S- .. 4.'i 40 Itiiii 54 44 „ 50 11 lUiii < 40 40 Cl-nr 58 43 „ 1 48 n lliiiy t 40 39 Hazy 53 45 „ 4C 42 Ki.pt 42 38 l-'ug 52 4(1 ., 5U 4 • Hmi l.'i 40 52 41 M 4t 44 Tllirk foi; .. 42 38 53 43 ,, 40 4.1 Iliiy ' 41 30 >. *, 53 41! ,, 48 43 l(.iiii 44 38 Ua/y 40 44 Id 4> r^'x 4:1 III +8 4^1 .'lO 1.1 lliiiy 42 30 • • 18 4*1 M «0 12 ►••>« •• .il 45 n 80 (H.) — Tablk showiti^f the l)c^iiiniiig of cacli Scaling Season on tlic Islands of St. Paul and S(. fJeorge, from 1871' to 1890 inclusive, and the number of Fur-Seals accepted by the Lessees up to July 20 of each year. (Taken by Alaska Commercial Company.) St. ''aul. St. George. Total Skins accepted. Year. Season Skinii Sensoii Skins bfj^nn — accepted. began — acccjitcd. 1N70» .. __ , , .. • . • • 1H71 .. June 1 29,788 June 4 12,004 42,392 1872 .. „ 1 05,499 „ 'i 21,503 87,062 1873 ,. 'i 08,035 „ 4 17,302 85,397 1874 .. ., 3 88,058 „ 1 8,554 90,012 1875 .. „ 1 8:),H93 ,. 1 10,000 93,890 I87(i .. 1. a 69,307 >■ 1 10,000 79,307 1877 .. ,, •» 58,732 .. 1 15,000 73,732 187H ., .. 8 78,570 „ 10 10,709 95,279 1879 .. n 80,572 ,. ■•! 20,500 lOl.Mlt 18H0 .. ,. 1 80,(100 ., •■! 20,000 100,000 1881 .. ,. « 80,000 „ 9 20,r,00 100,000 1882 .. o 80,000 .. c> 20,000 100,000 1883 .. .. 4 00,101 .. ■» 11,123 71,224 1884 .. ,. •') 83,092 1. 4 11,152 94,2 1 1 1885 .. ., 3 70.451 „ 1 15,000 85,451 188G ,. „ 4 72,120 ,. 8 13,335 85,455 IH87 .. ., 1 77.389 ,. '■» 13,381 90,770 1888 .. 73,808 .> •' 13,187 80,995 1889 .. „ 1 fis,485 .. 1 10,1.38 78,023 1890 ., „ 10,8.33: <2 4, 112 J 20,945 [ • No record. f Aceepted lint not »liipped in one year; balance carried over. t Taken by North American Commercial I'ompauy. (I.) — Statement of Liabilities of the North American Commercial Company to flic Natives of St. I'aul Island, after tin; division and distribution of 181)0, sliowiiii; the Amount due to each individual on the 1st August. Name. Amount. Name. Amount. Arlonionofi", Kerrick , AsliKlioff, Ar«cny • ■ UnrdukoCsky, Apollon . llutrin, Kerriek .. llojjniliinoff, Nieoli . ■ llutrin, Korp .. liellnglnKotl, Kllcn . . Kniiinoir, Oi'orjje , . . Fr.-itii, John ,. , Onmiotf. Nieoli .. . (Jlotot, John .. , Galaklanoir, Alex . . llaheroii; I'nul llapoir, John, estate of Houscn, .Me.i Koserof, Stepan .. Kushin, Aggie Kootchnteu, Jacob . . Krukoff, Nieoli ., Krukoir, Maxim . . , Krukoir, Peter Kti/.inlzofT, John . . KushcorjshofF, Kuphcmo Kootehnlen, George , Kootehuten, John ,. Kootehutcn, Kmpheine . Kowroir, I'aul, estate of , KuimtiofT, I'emin, estate of Krukof, Natalia KoaelofT, I'arateovia MvtcuUfl', Alex . . Dol. c. 182 37 153 85 190 01 207 42 155 22 228 19 65 00 220 42 172 37 229 04 158 85 103 92 145 78 07 05 218 97 180 C4 175 24 182 04 188 79 100 65 259 01 81 27 193 19 217 04 118 22 105 42 302 85 735 30 37 00 7 60 79 10 Melovidoff, Antonc JHeliividotf, ."^inieoM Mclovidoir, Mrs. A. Merculilf, Dorafay Mandregan, Ustenia .Merculilf, Au.\insa Nederazotr, Stepan Nedernzoff, Martin Ousligotf, I'eter .. Puahinkotf, I'eter, estate o Proknpuf, Vladimcr Pnraiishin, Daniel.. I'ankoff, Parliri . . Popoir, Afanasiii . . Mandrigan, Nivu. . .Melnvidolf, Alex ,, Po|»ofl", Nodotia . . UookarishnakufT, /auhar Kezan/.oir, Anna . • Stepeteni, Terrenii, estate Stepeteni, Dnrafay Siduk, Tneodore .. Sedule, Vn^ila Shatiolin, Neeon . . HtepetinI, Khney . . Shutvagan, .Metzof.in Blurshinkotr, llev. I'aul Saroken, John Shapasliinkotr, Agal'ay Shutxdia, I'easer, eslntu of ShaiihinkulT, Valerian ::! r.. of Dol. <: 415 59 714 71 203 85 103 00 00 00 27 71 188 19 175 01 193 24 08 05 331 25 180 (It 185 04 00 (10 178 49 271 10 28 71 189 01 122 00 257 85 437 22 190 01 190 42 145 85 274 04 155 85 1,58 19 20 71 04 70 110 13 105 09 m of St. Paul als at'CL'iilcd Totiil Skins accepted. '12,.')92 87,0f.2 !)r,,(il2 <.);i,s;io 7'J,aU7 7;i,732 ;).'i,279 lOl.lllt 100,000 100,000 100,000 71.221 01,211 85,451 85,455 00,770 80,995 78,623 20,045; iipany to tlic 6'JO, showing 1 Amounl. Dol. <•■ , " 415 5'.1 714 71 2011 H5 , 10;) 00 _ (io 00 27 71 , 188 10 175 01 103 24 , 68 05 331 25 ^ ^ 180 01 , 185 04 (ii) 00 _, 178 40 ,, 271 40 28 74 189 04 122 00 257 85 ■137 22 196 01 I'.IO 42 145 85 274 04 ,_ 155 85 158 1'.) 20 74 64 "0 116 13 • ■ 105 09 Names. Amount. 1 Names. Amount. Dol. c. Dol. c. ShaidhinkniT, Mntroim 150 10 ShoiahinkoHi rieorjic .Sh«nc, Cotlierinc . . 157 09 17 68 Haul .trcouiil druirinrj 4 per ci-n!. Tiirrakflnofl", Kciri-k 179 04 Jolm Fratis 1.438 30 Tetof, Peter 192 04 Kev. Paul .Shaishitikoff 3,341 74 Tetof, Ncvii 132 85 C'alhoriiio Shiityagara 224 75 Tetof, F(.ilnsi:i 64 68 Markel Volkoff . . 083 68 TerruRtnrn, Anim .. 145 00 Ellen Vollioff 200 00 Volkoff, Miirkel . . 142 37 Ardotkv Seiiiek 101 17 Volkoff, Kllcii 158 08 1 Eli/.at>ctli Hedick . . !'3 61 Yrtzamauff, Joliii, cst.ite of. 236 23 Zashar Si'diek .. lot 18 /aharaoff. Kcroaka 66 00 Nedesda Sh.iisliinkolT 105 09 Widows' fund 179 00 Kerrick Ailiiniaiioff 2,281 09 Kerrick Butcsin . . 2,948 33 13,378 90 11,884 94 Note. — From the North American r'ommcicial Compaiij' ten widows re- ceive weekly rntioiiK, ami others will have to be added soon. Total .. 25,203 84 List of Accounts transfcircti to tho North American Commercial Company by the Alaska Commercial Company for Natives of St. Paid Island, ;May 24, 1890. Name. Occupation or Condition. Amount. Dol. c. Peter Krukoff • • • ■ Scaler 192 85 Nieoli KrukofT • • ,, , , , , 80 60 Maxim KrukoflT , , . • > > fi , , , , 111 73 Kstatc of Puinin Koznclzoff (for minor heirs) . . , , 735 30 Aggie Kushiii Sealer 67 05 John Ko/.ncl/off . . . , • • ,. . , ,, 32 17 Natalia Krukntf . . Widow . . 57 00 Parascovia Kozeroff »* • • • • 43 50 Neon .Mandregan , , Sealer 90 30 Vasili Pedulc M • • • • 98 05 Testcuria Mandrcj^an Widow . . 81 90 Antoue MelevidoH Scaler 172 85 Simeon Molevidolf „ ■ • . . 601 92 Alex MeUvidoff . . ■ • ,' * • • • 223 73 Anexenia MercuUff Widow 103 00 Alexander Merculiff Sealer 20 17 Akocdena Nedarazoff Widow , , 23 24 M'lnin Nidcray.off Sealer 66 85 Daniel Pfiraurhin ., •• .. • • • • 77 85 IJarkira Pohomoff. . Widow 8 75 Parfarin Pn\ikoff . . Sealer 70 85 Vaxsilisia Peeshinkotf Widow 78 05 Afanasia I'o|)ofr . . ., • • • • 76 00 Ardolia I'opofl . . , . „ . . * > 58 74 /arhar Kookoorshiiikoff Sealer 80 85 Aiuia Ki>Kau/.ofl' . . . . Widow . . 122 00 Agal'y Shaposliiiikoflr Minor . . . , 70 70 Thi'odon' Sedisk . . Senior 87 85 Metrofuii Kliulvii);in , , ,. 69 29 lU'V. Paul Sliai8liiiikofl' Priest 128 40 Agrafina Shaiiolin, , ,. Widow .. 140 13 Neon SImliolin Sealer 69 29 Eliircy Sk'petin .. ,, 165 85 Mai ilia Stipelin ,. Widow . . 252 85 Dorafay Stepetiii . . Sealer 376 49 Valioiuii Sliaisliinkiili' Minor 165 09 Mutruiia ShaisliiiikoH' ,, . . 165 10 Oeoi'ge tShai'-liirikuff . . ,t • • • • 157 09 I'atluiirii' Shane . Widow 47 68 Kerrick Tarrakiineff Sealer . . JO 85 Fedosia Tiloir Widen- 110 68 Peter 'IVtnll' Sealer , . 83 85 Neon Ti toll' ,, > 1 . • 76 29 Anna Varantnva . . Widow , , 150 on Mnrki 1 Volknir .. Sealer , . 50 05 [■2.0] i' 82 Name. Occupation or Condition. Amount. Uol. c. Eatatc of Joliii Yatzaamnuff, held for mioor heirs • • 270 23 Mnrtlia Sarokcn . . . , . . . , Widow ,, 20 74 Mrs. Alex. Mclcvidoff ■ 11 • • • • 223 65 KllenVolkuff .. Unmarried. . 25 00 Alex. Slcrculiff . . . . . . Sealer 45 74 FcdoBiix Koshromikoff . . . . . * • • 10 02 Kcrrick ArtiininiiofT .. .. . Sealer 77 79 Arsoney ArkaBlmff . . . , . ti • • • • G8 23 Pctii Oiistcgoff . , . . . . fi ■• •» 65 05 Ki-rricU Uutcsiii . . . . . . II • • • • 121 05 Apolloii Dourdoakofsky . . . . Nicoli Ho'^ndnniff ,. .. .. • H • • • • 81 85 89 49 mien Utliif^lazi.ff . , Widow !! !! 85 00 OcorKc Kinnnoff , . . . . . St'ftlcr 128 05 ■John Fintis , , . . , . . II ■ • • > 135 55 Nicoli Gromoft' . . . , , , • • • • 135 85 VIndiniar Prokopiiff . . . . It • • • ■ 302 52 John Glolotf f 1 • • • • 82 29 Paul Halu-roff .. 75 05 AmisBia Ilopoff ,. .. ,, . Widow 75 05 Alex. Hanson ,, .. .. Sealer 114 40 .John Katcliodtcn . , . . , , 11 •• 87 49 .^acob Katchootcn,. .. ., .1 . . • 73 85 Euphcme Kntchootcn t . . . . . 73 05 Qeorge Katchooten .. .. 1. •• ri3 85 Stepaii KozerofT . , . , . . , M . . . • 77 85 Kewekia Zacharoff , . Widow . , 93 00 Karp Uiiteein ., .. .. , Sealer 113 85 Stepan NedamzofI'. . , . )* ■• •• 83 85 Euphemc KoshroerikofT . . , . , II at • • 80 85 8,870 73 0» Special Deposit at 4 per cent, per annum. Kcrrick Artamanoff . . . , Sealer 2,281 09 Kerrick ButesiD . . . . . . . . It • • • • 2,948 33 .lohu Fratii .. .. .. .. II • • • • 1,525 00 Uev. Paul Shni»binkoff Priest 3,341 74 ("athcrinc Shutvagin ,, ,, ,. Widow . . . . 227 05 Markcl Volkoff , . Scaler . . . . 983 68 KUen Volkoff .. Unmarried . , 343 08 Ardotitt Sedick , . . , . . , . Minor 104 17 Klizabeth Sedick . , ». . . . . 93 61 Zacliar Sedick , , , . , , 104 18 NcdcHila Shaishinkofl" . . . . . . »i . . » • 10.5 09 12,117 02 Total 20,987 75 JJi.STKiBUTiON of ProccGcls from Fur-Scals taken on St. Paul Island, 1800. August 1, 1890— lli,777 Rtal-skins, at 40 ccnta . . 53 seal-skins, cut, at 20 ccuts . . 150 sfal-skins. rejected 40 scalioii «kiiiB, at I dollar .. 1. Less proWsions at N. E. Point Total . . First Class. IW\: Paul Hliai»hmk()fr, priest '-'. AntDiH' Meluvidiiff, first chief 3. Karp Dutci in, Hocond chief . , 4. tjacol) Konehutun .. .. 5. Cic iir^;e Kooehutcn. . . . 0. Thi'o. Sedick . , . . 7. Al'uic Cushinj; . . ., 8. Mitrliii Neitanizoir. , ., 9. Stepan KozerofT , . Dols. V. 0,710 80 10 fiO 02 40 •10 00 40 r>n 0,783 no 158 19 158 19 158 19 158 19 158 19 158 19 158 19 158 19 158 19 38 10. Neon Mnndregan . . 11. Peter Krukoff 12. Nicoli Krukoff .. 13. Kcrrick Tarmkanoff 14. D;inicl Paranchia .. 15. Apollon UurdukofTsky 16. Znclmr UodkiirisiMnkoff 17. Kuphome Kushirmkoff 1 8. .Sic'iwn Nfdarazoff, . 19. Parfiri Ponkoff .. 20. Nirali (Jromoff 21. Kliiri'y .Stcpetcin ,, 22. Peter Tctoff 23. Peter Onstigoff . . Total . . 1. Simeon Mclevidoff 2. Ol'Oij^c l*'.nuMioff , . .3. Murkel Volkc.ir . . 4. Kcrrick Arlciiionoff 5. Kerriok liuterin , , (J. Viisili Sodale 7. Kupheme Koochuten 8. John Fratis Total . . 1. Melrofiin Sliiityo;ri>n 2. .\rHciu'V Arkosli(jff 3. ./oliri OloKiff 4. Necon Shobolin ■ . 5. Alex. Hnnson ,. G. Neon Telof Total 1 . Durofav Stepetoin , , 2. John Kooichutin ,. 3. Nicoli Ui)godftnoff. , ■I. Vladimer Prokopciff r,. Paul Ifabcrnir Total . . Second Clan. Thiril Class. Fourth Class. IJoIs. e. 1.58 lU 1.38 IS ma m 16& IB I.'JS 19 158 1» 158 1!) 158 19 158 1» US 19 138 li> 158 19 li» 19 IS8 19 . . 3,638 37 112 37 142 37 142 37 142 37 142 37 142 37 142 37 142 37 -^. .. 1,138 06 120 56 120 56 126 56 126 50 126 56 126 50 75U 36 110 73 no 73 no 73 no 73 no 73 553 65 1. Maxim Kriikciff .. 2. Alex, (iolnktonoff . . 3. Alex. .Melcvidofl' .. Total . . Fi/'h Class. 114 92 94 92 94 92 284 76 1, Alex. Merculiff 2. John Kuznitzoff Total Antone Melovidoff, first chief Karp liuterin, second chief Mrs. Terrinti Stcpetcin Mrs. Peter Pccahenkofl Mrs. John Ilopoff . . Total . . Sixth Class. Special Clatt. ^ , 79 10 • • 79 10 • • 158 20 50 00 , , 50 00 , , 50 00 , , 50 00 • • 50 00 240 00 [2951 r 2 34 Table showing Distritjution of Earnings on St. Paul Island for takini^ Fur-Seals in 1889. No, Amount. Firtt Clots. Dols. V. 1 1. Dutprin. Ivnrp, second chief ., 627 85 2 2. Kok'liuolin, Jncob .. 627 85 ;j 3. Kolclindtcri. (icor^o . . . . . • . • . 027 85 4 4. Loilick. 'I'heodorc .. .. .. ». .. 627 85 5 5. Sit'i)tiric, Tcrii'iilis .. 027 85 6 0. Viatpm, Tfrlimpy .. .. .. .. •• 627 85 7 7. Kusliiu, Anuit' .. .. .. .. .. 627 85 S 8 NiTleri.zctV. Martini.. 627 85 .J 20 •• la 00 Dols. c. 33,759 80 I2U 80 l,a00 00 1,42'J 80 32,330 00 Dols. e. Those in the first clnss slioulci Imvc received 234 iloUnrs, li'nvinp to their credit .. .. 171 00 Those in the second clnss should have received 208 dolliirn, lenving to their credit , . ,, 152 00 Those in the third elnss should have received 182 dollars, leiivinj; to their credit . . . . 133 00 Those in the fourth class should hnve received 150 dollars, leaving to their credit . . . . 144 00 Those in the fifth class nhnuld have received 143 dolliirs, leavin^ to their credit . . , , 132 00 Those in the seventh class should hnve received 104 dillars, leiiving to their credit. . . • 96 00 If the nccompanyiiig instructions of the Treasury .iprnt in charge had been complied with, the natives would have been in circumstances, financially, to meet their iinfoitunate, but not unexpected, condition, as is ilenrly thown by the amounts which should have been to their credit. Du. Account Cdrhent. Cr. (,I.) — TuE North Amcricau Commercial Company in account witli the United States at St. Paul Island, Alaska. May 24, 1890— Dols. c. To oil fund transferred by Alaska Commercial Company .. ., ,, 124 87 'i'o natives general fund , , . . , . . , . . , , 1 82 55 Dn. Account Cuiiuent. Cii. (K.)— Tufc) Nortli American Commercial Company in account with the United States at St. George Island, Alaska. May 24, 1890— Dols. c. To natives general fund , . . , , , . . . , ..19312 (L.)— Census of St. Paul Island, Alaska, July 31, 1890. Age. Names. Place of Itirth. Occupation. Males. Females. J • ArlamonolT, Keruch ., .. .. (J5 St. Paul Island Sealer. Arlamonoll, .Mexandcr, wife 39 St. Michael's Ailumonod', Anxeiina, daughter 24 St. Paul Island Iranofi*, Kodakiu, sister . . . • . . , , 18 St. Michael's -Vrkiishoff, Aneny 25 , , St. Paul Island , Sealer. Arkiuihoff, Kupheraia, wife 30 ,, ,, , Aiistegoff, I'etcr , . 27 St. (ieorgo Island , Austegotr, I'nrnseoria, wife . , 23 St. Paul Maud Austegoff, Stepnnido, mother 50 St. George Island Iranolf, Anastttsiu, niece .. ., 12 St. Paul Island Sharshurkoflr, George, adopted , , 9 i» ■» ■ • Hogdanoff, Nicoli .. 20 , , St. Georgo Island , , llogdanuff, Feronia, wife . . . . , , ., 21 St. Paul U\and Hogdanoff, Zcohar, son , . . , , , i , , It )t • Hourdukopsky, Appolyon .. 38 , , Oonnlftska . . Sealer. Bourdukopsky, Chioni, wife .. ,, , , 31 6t. I'iiul Island Itourdukopsky, Peter, son . . , , , . 12 ^ , Itourdukopsky, Onleta, daughter / '1 oduhuikoff, Uvdokitt, adopted , , 15 Oonalaska , . . 'iitayin, Karp , . .. . . ,, 38 , , St. Paul Island Sealer. biitavin, Paroscovia, wife . . . . • « 30 Oonalaska , , ■ 30 Ago. NaiiUH. riace of Birth, Occupation. Malcx. Females. BulUTin, Con.stantinr, son . , r, St. I'ttul In'nnd Hulnvin, Ivan, son . , i .. Mczukin, .Mary, adopteil , . . , . , is It f* • • Bufcirin, Kcnicli . . g"i Sealer. Itutarin, Catlicriiie, douglitiT is 1, .. Kmanotr, ( Jcorcc . '24 .. ,. Sealer. Knmnoir, Anna, inotliir ., ., ,, 00 Oonalaska . . KorrieizoH', .lolin, nephew . . 'V' St. Paul island Kornctioff, Agafia, nieco , . , , 12 11 .1 #• Fiaii«, John ■10 , , Sadronc Islands Sinler. I'ralis, Akoolcm, w ifu , , . . . . .. ;;(> Oonulaskn , , Frotis, Susanna, (hiughtev . 13 St. I'anl Island Fralis, John, Mm. . . , . , ., h .1 (ihitntr, Jiilin 21 tt ti ■ • Sealer, (ilutolf. Mary, mother • • 03 Oonalaskn . , , . (jronuir, Niioli . . ., ., ,. 24 , , Alton Ssalcr. (jroniolf, Ouleanna, Mifo ,. ,. ,, , , 28 SI. Paul Ulaiul Leili-k, KliKiheth, ndoi.teil. . , , ,, Haheioir, riiiil ., 40 , , Kodiak Sealer. Kctehijolin, Knpheniia 48 , ^ St. Paul Island Sealer. Kotehootirj, Velogia. wile , , ,, ,, , , 41 Oonnlaska .. Hf iriii, wife ,. .. ,. ., 29 Oonulaskn . • , , K• .. Scaler Kotohootin, I'evroma, wife 37 Unga Kotiliootin, Onleta, daughter .. 17 St. Paul Island Kotehootin, Klien, daughter , , 7 i> 11 Kotehoolin. Theodora, son. . 3 ,. .. KoUlioolin. , son, infant ,. ., 11 Sodoshmknir, Nat.ilin, adopted , , li llngn KoohwinKoH, Knpliem ,, ,, 37 St. (ieorgc Island .. Scaler. Koohwinkr'tr, Aril'ilia, wife .. ,[ :ii St. Paul Iblniid Koohwink'ilf, Paul, sun .. ., ,, 'h 11 .1 KezerofT, Ste])an 3!) ,, Oonalaska . . Sealer. Kczeroff, .\ria^tasia, wife , , 40 .. •. .• Ke/erolf, Tre])on, son 7 St. Paul Island Kezerolf. Tcoualiy, (laughter . , , , 3 1, , . • Noz ■kott. Seuiion, stepson , , 15 Oonalaska . . Krukolf, Snkcifa, adopted .. li-. 1, Krukoir. IVtir .. 39 Sitkn Sealer. Kruki If, .\nna, wife ,, ,, ^, , , 35 St. Pmil Island Krukoir, Mcoli . . 41 , , At sea near Sitka .. Sealer. Krukolf. Catherine, wife .. .. ,, 31 Sitka Krukolf, .M(tiofaii, sou ., ,. ., 8 St. Panl Island Krukijll, (Visteana, daughter ,. ,, i • • •> Krukdll, Maxi-u .. 35 Sitka Krukolf. I'Vo'.tcsta. wife ., ,, ,, , , 2(i St. Paul Islanil _ Krukolf. John, >ou . . , , 11 .. 1, •• Krukolf. , son, infant . . 1) 11 • • Kus'iiu, .Aggie . . , . .. ,. S7 Kroosle Island , . Scaler. Kushin, Mary, wife 30 St. George Islond K^^llin, Sukeria, daughter. , ,, ,^ , , 14 St. Paul . . ,, Knshiii, Michael, son ,. ,. 7 , , St. George Island Shop'ishnikolf, Yatiaiui, adopted ,, , , 17 Oonalaska , . Maudriau, Accn , , ,, ,, 34 , , St. (ieorgc Island Scaler. Mandrcan, Maria, wife 28 Alton Mardreaii. Mary, daughter ,, 7 St. Paul Island Mandrc au, Zovn. dauglitcr. . , , 6 11 Stdich, Ardolia, uiece . . , , , , 10 Sedich, Zachar, nephew . . *f. Mclvudoir, Antone . . , . , , 30 Kodiak . , , . Scaler. Melvudofl', Agrafena, wife . . ^ ^ 34 Atkn Mclvudoff, Alexandria, daughter , , 10 St. Paul Island MeWudoff. Olega, duughter ,, 6 11 Mclvudoff, Mary, daughter , . , , 4 11 11 Melvudoff, .Mtxandra, mother .. .. , , 5(i California , , Mclvudotf, Alexander, brother , , , . 17 St. Paul Island Sealer. SharohinkofT, Mntrona, adopted 7 "JederozofT, Martin . . . , , , 37 Scaler. iVcderoioff, Stepan 34 .. .. Scaler. 37 Names. Age, Mak's. Females. Place of Birth. OccuiMkticii. NnUroziff, Alcxnndrn, wife .. Ntdcroy.dir, Mriry, iiiero .. .. Niderozciff, I'rokopy, nepliev NtMlcrozofl', Dormcuunt, nepliew , , I'unkofl', I'ofiiriii ,, . . ., I'lnkofT, OI(?a, wife I'ai.koff, Vul«ic, son . , Ktwiiizull, Natnlin, inutlicr-iri-lnw . . I'araiichin, DaiiicI . , .. I'arniicliin, Alexaiidrn, wife I'rokoprocir, I''la(leinur . , , , ItuukoorsliMikdfl', .Inclinr . . . . llookoorKhinkoff, Ani^uiii. wife ,. UiiokoorHlinikciiT, Stepaii, son . . Hudkoorshmkdtr, I'nroscovin, dnuRlitei- Sidicli, Tlicodorc ., ,, l^idirh, Maitlin, wife ,. Srdieli, Aniin, daiij^liter . . ^'e(jich, AnajUnsin, daughter . . Siilicli, Mary, daughter Scdicli, lunokeutu, sou , , . , Sedich, Yustiuia, daughter. . ,. Scdieh, Phillip, nephew , . . , MiaeKhmkoff, Uov. I'aul ,, ,, shnealnnkofT, Nadcxda, iiiecu , . S|iaeehnik(H, Valerian, nephew .. Shaholin, Trccou, , ,, ,. Shaholin, Ontila, wife ,. ,, Shaholin, Agrefena, daughter .. Shaholin, Agrcferiu, mother . . ^hutyngin, Catherine . . , , Shutyagin, Metrofan , . Shutyngin, Onli'.n, wife , , , . sjiMtyngiu, I'aroscovia, sister .. Scdule, Vasely . . , , . , ^■I'lule, Klizaheth, wife .. ,, S( (1, lie, Vora, daughter ., ,. ^tepetine, Elaiy .. .. .. Stepetine, Anna, wife . . • . sti jieline, Ontanna, daughter IVaii.s, I'jUen, niece Sicpetino, I'orofay Stepeline, Ardotia, mother , , Tarakanoff, Korrich . . . . I'arakunofT, Anna, wife , . . , letdlT, .lonas .. . , ,, I'e luff, IVler 1 1 toff, -Mary, wife .. .. I' t'lV, Zac'har, brother IVtnfF, Alexandra, sister ,. ., fr, Ol^n, HiNtor •• Mniidrigiii, YoHtenin ItookonrskuHkofT, Aniin, n(Io])ti'hotr, Kiirbra Poinohoff, S;iloino , , Mcrculuff, John, adnptcil , . . , rnHhrukoff, \'a8solesia , , , , I'opoff, Ardotca ., , . ,. Popotf, Kvro'i'nia, ilu>i);htoi- . , KuiukBhin, Anna, dauglitor Popoff, Arannsea. . ,. ., Sliityagin, Dana, adopted . . RcziMiza, Anna .. .. ,, (iaiaklconofi, CInudin . . Ledich, Dana Katt'hootin, John, Hon , , Katchootiii, Xcnoria, daughter . . Kati'hootin, Kllen, dnughtcr Loroken, Mnrth , , . . , . Shane, Catlierine. . . , . . ■Shane, Mary, dnu,Tliter Shane, Freokia, stepdaughter , . Shone, Paraseoria Yuoklad, daughter Shane, Klevcry Yuoklad, son 'I'etoff, I'"oducia . . 'J'ctofI', Irene, daughter , , . . 'IVtoff, Sofa, daughter 'fctotr, Anxcmia, dnufhtf r (dead) . . Kotehcrgin, Ardotea, daughter "I'orontora, Anna , . . . Torentoru, Anna, daughter Volkoff, Ellen . . Kroliin, Mcria, niece .. .. Zaeliarofl, Kiracha Ziicharolf, Kmanuel, son , . Zaeliarofl', I'Vodofia, daughter A(?e. Male Ktinales. 10 infant 21 11 •27 20 t) 3j 12 14 23 Vi IG 32 32 1 H -Jfi 11 ft8 12 48 2S 17 21 31 12 22 4 31 17 72 30 30 11 45 1*5 Place of Birth. Occupation. St. Paul Island Sealer. Alton St. Paul Island Koskogrume Oonaloakn . , St. Paul uiaiid Oonalaska . . Sitka Si. George Island St. Paul Island Kiverle Island St. Paul Island Scale Oonalosku . . St. Paul Island Hecapitulation. Total population, July 31, 1890 Males— Ad\ilts . . .0 to 1 7 years Under .'» years I'einalcs — Adults . . 5 to 17 years Under -0 years 213 42 23 1? 73 41 22 213 (M.)— Census St. Goorsc Island, Alaska, Jiily 31, 1891. Age. NnmcR. Mnlen. Kcmalcfl. I*rMti'iikii(r, Hov. Iiiokfnty . , ,, ,, , r,'.> • • Lostonkolf, Klunvtii, wilo .. ,, * ■ • 55 lAstcnkoir, Miclmul, soil .. 17 , , I.i'iitciiki)ir, IIcli'iiii, (laiiiihUr ., , 24 I.i'sti'nkcill'. Mary, (la>i(;hlcr • * 20 L('«lriik(iir, Siimh, (liiu);lilcr . ■ • 13 Shankinf^kntf, Julia, grand-datightrr .. • • 13 Lestcnkofl', Dcinctri, whIdhit 2C> • • Lcsli'iikoiF, Anna, ilau)?liU'r , , 2 Murt'iilifif, Mark, a(io|>tcd, , ,. 4 , , I'liilaiiKiiioir, Aiidninii' •i3 , , Philamoliod'. ZiMivoia, wife , , 25 Plnlanionott', infant ,. ,, .. ^ , , , (Jalaiiin. Oclina, widow • ■ • 27 Oalanin, Kvan, Hon .. ,, ., , 8 , , rrukopiif, IVtcr. . 2S , , I'rdkopic'l', Fodosia, wife .. • • 19 Pnikiipiif, Apanasia, lirothcr \'> . . Kczanzart", I'Vdosia, widow , , 46 Kczanzad, Inokirity. son ,. 12 . . KpzaiizatV, Torafiuia, ^rand-daughter ■ . . , , • • OnstcfjotV, Alcxa. widowrr ,, ,, 10 ,. Oalaktianoff, Alrxandir , . 3U .. Oalnklianoff, Oxcnia. wife. . .. ,. . • • 18 Smotztjtr, Kustin . . , . . . , . • 3!) Sinc'tzuff, Krcslina, wife ., • • 33 Smctzoir, (JroRorie, wm 4 • • 1'hilaniuuofi', Iv»H'. widower , . • * 4.') ■ • Pliilanionciff, (irogorie, «on .. .. 17 .. PhilamonolV, Dfnietria, son .. ,, . 3 • • Pliiianionotf, lM)ginn\ daughter , , . , , , , \r. Gorokojr, Corinal ,, .11 • • (iorokolV, Katcrina, wife ,. • • 35 GorokoJ!'. Anna, dauyliter , , ,, ,, , , 10 Oalaimi', Pi-rfor, brother-in-law Ifi .. Oahumc, Ah'iander, adopted 4 , , Kiiliknlit'd'. 1'jvan .. ., .. 44 • . KuhknlieU, Varvara, wife .. , , 45 ArkoU)tl', I'^nhikia, aih)ptcd . , 4 Shane, Uaislia, widow , . . . . , , , 38 Shane, ( >uU>tta, daughter . , • • 21 Shane, Michael, son 2 Morenlieir, Natalia, sister . . ■ • 2i) Morenliell, Nedesdu, adopted • • 10 Oustegoir, Olhta, widow . . • • 28 Ouslegotr, Sinie(ni, step-Hon •■ 20 • • Oustegod", \grafena, ki. Mi'oli ,. I'l '.ii;.iionijir, AiidroiiiL' I'liiliinii'iiuir, Aiulreuii Sckitnioll', Stcpnii , , KiilikoUiff, Kvnii Ueziiiiz( tr, I'ltcr Onstt'kiill', Simeon McrruliH'. .loHi'pli l'riik(>|)ln yoii hi'vc assumed and revoke the order, tlms allowing the lessees to go on with their business as the law provides. Your annoimccment to ine this eveninn that yon will noi revoke your order, and that your decision is final, leaves me but one tiling more to do, viz., file this protest against the wisdom, justice, or ueressily of rnforcing on the lessees what we consider an arbitrary ai)ri(lgment of our rights under and by virtnc of the law. The lease was executed by the (iovcnnnent of tiie liniled Sl.ilis in pui'ininee of Chapter Iff, Title 'Jit, |{evised Statutes. This I ,inv iiulhei i-.ed the Secn.'lnrv el' the Treasury to prescrilie from time to time llie Knies nnd l.'eiriihitiioi'i by wliieh # (I, Alaslcu, in board tiie th Amfricaii Paul [sliuid ry Agent . ■I 9, 1890. h Aincrican " Araijo." I'll, Altixkii, 111 lionni the the ^\)rtli till catch on lins fixed U])(in the niiniher iii' seals the lessees shall kill in any one year, to cut down llic time to sucii a date as to make it impossible for them to secure the iiumi)er allowed to 1)0 taken. The date you fix, the 20tli instant, it is true, was named by the Secretary i)f the Treasury on your recommendation, but you received subsequently an order to extend the time or " use your best judgment." On the receipt of said telegraphic order the day before our shij) sailed, you told the President of the Company, I. Liebes, iiiul myself, that " it would be all right; it was as good as we wanted," &c., satisfying tlie President of the Company and myself that you would extend the time, otherwise we would not have sailed until we received from the Secretary a po.stive revocation ol that part ot his instructions which cut us oif on the 20th from killing seals. You said to-day that seeing tliat seals were so scarce determined you to stop the killiii;;- on the 20tb, and yet you admit of having ordered Colonel Murray, on S(. (.Jeorgc Island, the Treasury Agent in ehaige, to stop our agent there from killing. This order was issued to Colonel .Murray ai an early date, before the killing of seals had hiirilly commenced, and it was not known whether they would be few or many. The law says the lessees shall give the natives a maintenance out of the taking of the sealskins. How can that provision of the law be carried out when the Government steps in and slops the lessees from killing when they are taking 1,000 seals a-day ? By llic enforcement of your order as the Representatives and Agents of the United Stales, you deprive the natives ol a mainlenance. You dejirive the Government of large revenue. You cause the N'ortii American Commercial Company great loss. You fiirii over to the mantiulers and other natural enemies of the seals in tlie water many ilionsands of line killable niereliantable seals, which we could take without any detriment whatever to the rookeries. We have every reason lo believe, from the marked increase (if new arrivals of fine seals, that if we were allowed by you to continue our killing under the law, we could (ill our (piota of OO.OUO seals. P)eliev!iig this, we will clnim diimages from the Goveriimenl of the United States cipial to the loss we sustained by your act limiting the lime to the 20th instant when we shall cease killing, 'i'liis limitation of time has no precedent i:i the pnsl twenty years, while the (piota for St. George and St. i'aul islands was se\en'! Mines changed. 'I'lie law tixed the time when the killing shall cease, but the Secretary can fix the number to be killed each year — not exceeding 100,000. In view of the foregoing facts, the North American Commercial Company respect- fully claim t.ic right to be allowed to proceed with the execution of their business under and by irtue of their lease. 1 am, &c. (Signed) GEO, U. TINGF^E, Siiperiutendent, C. J. God", Vjf<{., North Amerkan Coinmercial Company. Treasury Agent in charge of Seal Fisheries. ^aul Inland, II notify me, aid Company thereto was I propriety or on yoi! lii'vc Lheir Iiusincss you will not ' thing uiorc enforcing en and by virtnc Office of Spciitil A(jmt, TreiiKury Department, My dear Sir, St. Paul Isliinrt, Alaska, .July 19, 1S90. Your communication hearing date tlie 18th instant received, and, in rejily, will say, as a subordinate of the Treasury Department, 1 do not desire to discuss the subject- matter coiit'iiiied ill your letter. 1 respectliillv refer yon tti the Iloiioiirable AVilliam Windom, Secretary of the Treasury, to whom your letter Iuin been referrt'd. l!es]iectfullv yours, (Signed) ' CIIAK'LHS .1. (iOl-'F, Tri'iisiiry Aijrnt in chan/c iif llir Sriil h^istirriry,, Ifoii. (Jeoigc |{. Tiii';l(', General .Manager, Js'orili Aniericaii Comniercial Company. ill pursiiiince Seen.'liiiy el' 11^ by rthii'h 44 (2.) — Table showing Number of Fiir-Scnls killed for skins on tlic Island of St. Gcor<,'c by the Alaska Commercial (.'ompany, and also for natives' food, from 1870 to 1889, inclusive; the Amount of Earnings received by tlic natives of this Island for takini; and curing these skins ; also Amount earned by St. George men on St. Paul Island and the distribution of said earnings ; the Total Number of Fur-Seal Skins shipped from St. George Island by the Alaska Commercial Company from 1870 to 1889, inclusive. Tot.l Paiil to Nntivcs Total Total Y ■ar. Fur.Btal Skiim for taking atij ^ur-si-als Bhi|l{HHt ruring Skins. -- killi'il. rejected stagy. Dol. 1- 1870* • * • ,, j ,, 187lt . 19,077 7,630 so , 11,,.; 1 1872 .* 25,000 10,000 OH v'.> VjOI. 1873 • * • 25,000 10,000 00 25,007 67 1874; . • . . 10,000 4,000 00 lO.r-00 I875§ . • . • 10,000 4,000 00 10,034 "34 1876 ■ • • 10,000 4,000 00 10,279 279 1877 15,000 0,000 00 15,143 143 1878 . «• 18,0110 7,200 00 18,360 360 1879 . 20,000 8,000 00 20,316 316 1880 • ■• 20,000 8,000 00 20,:>'H 275 1881 20,000 H,000 0" 20,233 126 1882 • . . 20,000 8,000 00 20.316 291 1883 . IJ.OOO fi.OOO 00 15,076 ,, 1884 ■ * • 1. '1,000 6,000 00 l,'),000 , , 1885 15,000 6,000 00 15,145 120 188S ■ . • 15,000 6,000 no 15,083 29 1887 • • • 15,000 6,000 00 15,166 76 1888 15.0110 0,0011 00 1.5,179 113 1889 . . .. 15,000 6,000 00 15,08'2 40 Total .. 317,077 126,830 80 319,911 2,269 l>i< .. ICO 00 ,. ,. , , . . 160 00 160 00 18T7 .. ,, ■2bn no .. . , 230 00 250 00 1878 .. ,, :i(iii III) ., . . ,, 300 60 1879 .. ,, 3B0 00 ,. 375 00 1880 .. , , 1,000 no .. , . ,. , , 1881 .. 172 no . . ., ,. 1882 .. , , 100 00 "riio 00 ,. ,, 1883 .. .li.'i 00 1 00 00 , , 1884 ,. ?.yM 8.1 hOO llo . , . loo 00 >• 1885 .. a.')36 06 Mill 00 1 . . 100 00 • • • . 1886 .. 3.00(1 00 HIIO 00 1110 00 HO 00 *■ • • 1887 .. 2.50n 00 ) 1888 .. 1,500 00 ., HIIO 00 ., 100 00 • • I* 1889 .. 1.300 00 ■• 800 00 1 250 no 100 no • • ■m:. :>» Total •• '25,7«0 40 l.>,702 00 'o.nii 00 j .(.Ml 00 101 iio 070 00 710 00 • No record uf ("'«!« kilted uw St. Gi-urf[4> Inii I n 1^70. t 19 dol. 2't I*, iinacctiunted for. j 15,000 fiir-n'al skiim iitnp|ied from St. Fnu' Ij» *•'. Gcorgo &.!■' r*^*- lit^-d to St. (w-orge, § 14,000 fiir<»r^al skim t)ii|ipt?d frnni St. I'lU. to St. Uior^s u rcr- wA to St. Opori^e. 45 UlCAriTDLATION. Fur-ieali lilllnl for sklni on St. Gi>ori;s Island hj the Aloski Commercial Company, and for nativea' fuod, from 1870 tu lUtjQ, incliuire .. •• ,, Fur-aol ikina BhipiKd by the Alaaka Commercial Company from St. Qeorgo laland from 1870 to 1889 .. Fur-seal ikini rejected and atAf^y , • . , . . . , , , . . Deitmction to Kal life in securing catch on St. George from 1870 to 1880 , . .. Earnings received by natives for labour on-^ SI. George Island from li*70 to 188» St. Paul laland ,, Donations .. .. .. •■ ., .. .. .. .. Unaccounted for .. .. •• ., ,. ., ,, .. Expended by natives from 1870 to 1889 .. BaUncu tu natives' account on May 2i. 189<'', and turned over by Alaska Commercial Com- pany to North American Commercial Company •• ,, .. •• 319.9U 817,077 2,269 568 319,914 Dot c. 126,830 80 25,780 40 152,611 20 11,732 50 19 25 134,073 03 6,786 42 152,611 20 ffott,—Tot$\ number of fur-seal pupa killed for utives' food on St. George Island from 1870 to 1889, indusive, 29,060. Consolidate I) Report showing llio Total Number of Fur-Seals killed for skins on the Islanil.s of St. Paul and St. George by the Alaska Commercial Company from 1870 to 1889, inclusive; also the Number of large young Seals and Pups killed for natives' food on the Island.s of St. Paul and St. George from 1870 to 1889, inclusive ; the Total Number of Fur-Seal Skins .shipped from St. Paul and St. George Islands by tiie Alaska Commercial Company from 1870 to 1889, inclusive; the Amount of Earnings received by the natives of St. Paul and St, George for taking and curing skins, and the distribution of .said earnings. Fur-seals killed for skins on the Islands of St. Paul nnd St. Ucorgc by the Alaska Com- uiercial Cocpany, and also for natives' food, from 1870 to IHS'J, inclusive .. .. Fur-seal skins sli[pp<'d from St. Paul aqj St. Gt-orge by the Ats^ka Commercial Company from 1870 to 1889, inclusive Fur-seal skins rejected as stagy at St. Puul and St. tt<-orgc from 1H7U to 1889 inclusive ,. Kur-seals destroyed on St. Paul and St. Giurgu in securing the t-atch from 1870 to 1889, incl'isivc .. .. .. ., .. .. .. .. 1,877,030 1,840,364 2U,39S 16,273 1,877,030 Earnings received by natives of St. Paul and 8t. George from 1 870 to 1839, inclusive Donations by natives of St. Paul and St. (n>orge from 1K70 to 18S9, inclusive . . Paid to Chiefs on St. Paul Ishmd (St. GtHirge's is includi d in donations) .. Paid to St. George men for vork done on St. Paul Island .. •• *• Paid to Kodaik men for work done on St. Paul Island . . . . . . . . UnaiTOOuntetl for *. .. .. .. .. ., .. .. Paid tp school tear.her ,. .. ., .. .. .* .. EipendeJ by the natives uf SI. Paul and St. Uiurgo from l!*7il to IH89, inclusive .. Balance doe to natives May 24, lb90, now held by the North American Commercial Com- pany .. .. .. .. .. .. .. .• IJalanci held by Ahska Commercial Company for Mrs. MelevidolT .. .. •• Fur-seal pupd (6vc months old) killed for native..!' food on — St. Paul and St. George Islands lr;i.i 1870 tu 1889, inclusive St. Paul Island from 1870 to 1839. inclusive .. St. George Island from 1870 to IH.'-'J. inclusivo .. Dol. c. 755,672 87 50,608 11 3.050 00 25,780 40 680 00 19 25 50 00 643,963 10 '^8,117 02 3,4U4 «9 755,672 87 92,864 63,804 29,060 92,864 40 Table showing the ilfuniber of Fur-Scals killed tor skins on the Island of St. Paul hy the Alaska Commercial Company, and also for natives' I'ood, from 1870 to 188',J, inclusive ; the Amount of Earnings received hy the natives of this Island for takinjj and curing these skins, and the distrihution of said earnings ; the Total Nunihor of Fur-Scftl Skins shipped from St. Paul Island by the Alaska Commercial Company from 1870 to 1889, inclusive. Total Paid to Nfttivt-'s Paid to Natives Total Rejwtid Y cars. Fur-«inl Skins fur taking «nd for Fur-seals -- slii{i)iL-d. curing Skins. general I.abour. killed. - BUIK7 i^Kins. Dol. c. Uol. ,-. IB70 6,017 2,406 811 ,. 6,nl7 ,, 1871 . 76,134 30,H5J 00 580 40 77,925 431 1872 . 74,941 30,416 00 221 97 76,693 1,530 1873 . 74,485 29,597 80 76 SO 76,188 736 1874 . 89,921 29,849 00 217 53 97,932 .590 1B75 .. 89,687 30.098 00 276 113 91,215 451 1876 .. 80,1100 31,848 20 113 40 79,199 1,979 1877 .. 60,199 23,981 60 116 10 62,813 1,088 1878 .. 82,000 32.654 00 2,21K 38" 83,034 981 1879 .. 80,000 31,908 60 1,010 86t 86,592 1,977 1880 .. 80,000 31,889 no 215 10 80,276 275 1881t .. 79,905 31,825 60 54 00 81,501 1,341 1882 .. 80,000 31,750 80 250 50 81.120 1,411 1883 .. 60.000 23,896'BO 97 00 01,987 I,7.;5 1681 .. 85,000 33,785 60 240 00 86,013 941 18B!i .. 84,995 33,933 00 12 00 86,361 1,182 1886 .. 85,000 33,941 80 131 no 85,689 035 1887 .. 85,1100 33,839 80 203 10 85,629 590 1888 .. 85,000 33,834 60 15 60 85,271 196 1889 .. .. •• 85,000 33.741 80 15 00 86,053 •• Total .. 1,523,287 596,056 00 7,005 67 1,557,116 18,121 IJistributiiin :. 7H 1879 822 24 821 50 2110 00 450 00 150 no ,, 1880 813 10 813 10 150 05 2U0 (10 1,210 0.1 150 00 , , 188i: 857 66 857 66 42M 83 225 00 ,, , , 1882 , . 1,000 00 ;j,050 00 > . ' • • ,. , , , , 1883 , , 750 00 .')0 flO ] 225 00 , , ,, 1B84 , , 1,000 00 300 00 , , 300 Oil ,, ,, 2,811 35 188& , , 1,0110 Oil , , ],00(» 00 300 no ,, »- 3,o;tti iir, 1886 1,000 00 200 00 (ioo 00 21111 no , , , , 3, Olio no 1887 1,000 00 1„MIII 00 ,, 200 00 , , 2,r)00 on 1888 , , 1.000 Oil 150 no 2110 on ,, , , l.TiOO 00 1889 •■ 1,11110 IMI 2,5110 III) •• 21111 00 •■ 1,300 no Tcitn 8,851 IK 13,1117 l^ 8,892 07§ 1,800 00§ 1,648 48§ 3.050 no 1,571 21 § 2,176 96§ 25,7hO 10 * 1,02^ (Uil, 02 r. ri<-i ivi'd ljy iiutivcs fur making oil, uiidtT lieiul uf Kenera) Inliuur. t 1,060 tiol. 0(1 r. ,, ,. „ ,. { 50 (lolliirs ri'veivetl hy m liciol teiicher. § \b'i il(il. OH c. ricfjvtd liy Dr. Knurii-r : hrat-clMS ulinrt'. II 15,000 i-kinB crrdilt-'d to St. (it'or^e ini-n for laltour; OHO dolla/s received by miii from Kodiak for Inbour. ^ 14,UU0 skioa credited tu Hi. George men for labour j 12 dol. 60 c. donutcd to Antone Mulcvidott. 47 Kicafithlation. Fur-MTlH kilUd for Hitini on thu IiUnd of St. Paul hy the AUtka Coinnu-rciul Company, ■in) (lUo fur natifi-ii' footl, from 1B70 to 18B9, inrtutivo. . ,. •. ,. Fiir-ftciiU killfd for >kini shipped from St. Puul liy (he Ahtska Commercial Company from IH7»tnlBH'J .. Fiir-iiF:d skmn ftom St. Paul rejected, ilagy .. .. ,, ,. .. DfitrucUnii tu real life- on Ht. P«ut Islind in becuring eatrh from 1B70 to 1889, inclvaive . . Fur-seuln. (if all t laiiff, killed fur natives' food on St. Paul Inland frum 1870 to 18H9, inelutii e *. .. .. .. .• ., •« .. Fur-!ruils (Inri:'' V'ung seiili)) kitlt^d fur natives' food, of which the Alaska (.'uninirrci&l ('ompuny luttpied and fihipn^d 62,^73 ikinn ,. .. .. .. .. Knr-sral piip« (five iniinths ol\iduff .. Ripended hy nalivi-a rrum 1870 to 1889.. lUIaure due to natives May '^4. 1H90, with North American Commercial Company Total l.:)57,116 1,:23.2R7 18.124 15,705 1,557,116 M4,801 8(i,s«r C3,80« U4,8(II Dol. r. 603,001 67 38,875 61 .1,050 OH 25,780 40 680 00 50 00 3,404 9? 509,890 07 21,330 60 603,061 67 •J. Report of 8. R. Nettleton. Dear Sir, St. Paul Island, Alaska, July M, 18'jO. I have tlie honour herewitli to submit my annual Report of the condition of aft'airs on this island during the time in which I had charge, to wit, from the 23rd September, 1889, the date of your departure, until June of this year, and also to comment briefly upon the condition of the seal rookeries and hauling-grounds of this island during the season which dosed on the 20th instant. I have found the natives of this island an exceedingly easy people to govern and oontrol. The Government Agent in charge, being the sole representative and executive >>rttie law, is, as you are aware, neces.sarily brouglit into very close and intimate relations with these people, having to do with the minutest details of their everyday life. My comparatively brief experience in governing them convinces me that a policy of kindness witii tirmness, and an appeal to their manhood and womanhood, hold the best [Moniise of good results, having in view their happiness and tlieir advancement to a iiigher i.nd a better civilization. I believe that it Mould be diflicult to find anywhere within the jurisdiction of our (ioverninent any people .so easy (o control, considering t;:'>t they arc kept in enforced iilli'iiess ten months of each yc-ir. 1 regard their readiness to comply with any and all Rules and Regulations of tliis Ollice for their government as testifying to their manhood and good cilizeiisliip. in this connection, it ad'ords me great pleasure to report tiiat during the time iliat 1 have had immediate charge there have been but three instances of violiition of any Iviile or Regulation. These were mild cases of partial intoxication during tiieir holiday Icstiviiies. There ban been no drunkenness or brawling in the village streets or in the homes of the people, not a single breach of the jicacc. It is a source of gratilicutioii lo be able to state that the journals of this Otlice show ;lmt in this regard the winter just closed presents an e.\cc|)tioii to those of any of tiio int'ccding twenty years. The fact is patent that but little advancement has been iiuulc by the natives ol' this i-lai\d towards an intelligent Amcricaii citi/cnsliip during the twenty years that they have lifi'n noniin;illy litizeiis of the lu'|)iil)lic ; that not to exceed 10 per cent, of tlieni, v. ho iluring the time mentioned, have attended i'liiglish schools, spe.ik the English lami'iiage. Tliis may be explained by the well-known objection of the parents to tlieir cliildren learning to speak I''iiglish, and to tlie further fact that the services of their ('burcli, the tireek ('athoiic, are comliicted wliollv in the Hussian and .\letitian language [•ii).-)] ' Ji 48 The small advancement made by the pupils in the schools is attributable also in large measure to the fact, that the schools have been conducted by persons not trained to the profession of teaching. It is, in my opinion, to be regretted that the Department, in granting the new lease of the Seal Islands, did not reserve to itself the employment of the school teachers, wlio should hold certificates showing their qualification to teach, at least, the primary brandies in our common schools. In relation to the condition of the seal rookerica and hauling-grounds of this islanil. I do not feel called upon to go into details in view ol the full and exhaustive mannc in which the subject is treated in your Report of this year, and also in view of .,ic forthcoming Report of Professor H. AV. Elliott, who was sent by Ihe Deparlnionl especially to examine and rcjiort upon the condition of seal life on this and the Island of St. George. But I desire to add my testimony to that of my associate as to the deplorable coiuli- tion of the senl gronnds upon this island. The large grass-grow areas of these grounds until a comparatively recent period occupied en iii(i.sse by seal to be numbered by tlic millions, and now wholly deserted, the driving and redriving from all of the haulin:,'- gronnds on this island by the lessees during tlie present season in their efforts to obtain their quota, and the meagre results attained, tell, in stronger language than 1 run conimnnd, the sad story of the very near approach to the entire destruction of seal life upon this island. It is hardly worth while for me to attempt to theorize as to the probable cause of the condition of aflaiis. I deem it sufficient for me, at this time, to corroborate and, if possible, to emphasize what you say in your own Report, as to the past, present, and the threatened future condition of seal life upon these islands. The present depleted condition of tlie seal rookeries on this island urgently calls for pi\,m|)t actio" by the Government to save this important industry from immediate and complete destruction. I heartily concur with your views expressed in your Annual Report of 1889 in regard to the killing of pup seals for natives' food. The skins of these pup seals belong to tlic natives, to be disposed of by them as they choose, the only restriction imposed being that they shall not be exchanged for contraband goods. I desire, through you, to call the attention of the Department to the fact that these pup .sealskins, being largely held by the natives for the purpo.se of barter for spirituous liquors with the seamen of any oraCt that may anchor in these waters, are a source of evil, and only evil, to the natives. In view of this fact, and also in view of the further fact that the seal life on this island is rapidly approaching extinction, I respectfully suggest that the best, interests of the natives and the best interests of the Government will be the most eflectunlly served by prohibiting the killing in the future of any pup seals for native food. Some more economical substitute can, in my judgment, be readily supplied. , T t 111, &c. (Signed) S. R. NBTTLETON, Charles J. Goit, Esq., ' Asuistanl Treasury Acjenl. United Slates' Treasury Agent in charge of Seal Island. 3. Report of A. W. Lavender, Office of Special Aijenl, Treasunj Department, Sir, St. George Islanil, Aaijust '2f), 18'.)0. I have the honour to report to you that on the 14th August, and while the Unid'd States' revenue-steamer " Rush " was lying at anchor ofl'our village, a schooner came in sight close in to the east end of the island. This was at 5'.'W p.m. The " Rush " at once got under way and steamed towards him, and followed him in to the anchorage in front of the village, where she lay all night between the cutter and the shore. She proved (n be the -American schooner " Nettie Martin," Captain Ohimitz, belonging to Kodiak. Siic is nbout Hi tons measurement, and has a crew of four white men and four Kodiak nativ< s. She had on board ten sacks of salt and four shot-guns, also two sea-otter boats. Tlu' captain said that he was from Kusoquim, bound to Oonalaskn. His jiapers show llial lie had cleared from Kodiak on the 20Hi June, bound on a trailing and coasUng voyage along the coast of Alaska, and for a (urthcr excuse he said that he was short 49 of provisiona, and the wind liad bcoii Idowing so lony fioui the south tliat he must he supplied. I did not take any stock in what he said, and would not allow him to come on shore, ;ind told him that the cutter could supply liiui with all the jjiovisioiis he required. I helieved him to be a seal poaeher, hut there was nothin"; on hoard that we could attac!>. We were obliged to let him go, for which 1 have been mad at myself ever since, and as I had men watching the East Rookery, the only place where he could land upon tiie island, I had no fear of his ever going on sliore ; but early on tiie morning of the loth I sent ox'ra men around the island from Garden Cove to the eastward, and under the high l)luft's at the east end of the island, al)out 2 miles from East Rookery, they found four ilead cows and four dead pups, also three clubs, one of which was broken. 'I'hcse were uKule of drift wood, and two of them had a little tlesh upon them. At tiiis time of the year the cows and pups nre scattered along the rocks on most all parts of the sea-sliore of the island, and by cliance tiie Ijoat's crew that landed came upon a few of these, uhicli they killed, and the schooners, while beating to windward to get into an andiorage under the high cliffs, came in sight from the cutter, and it is my opinion that the men on shore got into their boat as soon as they could and went on board the >{'hooner. 1'hey did not take any seal with them, and bad to get out of the scrape the best iliey could, which tiiey did to perfection. Had the schooner not been away at the time tlie natives brought the clubs into the village, f would have had them caught, but the >chooner and cutter both being gone, I could do nothing but kick. If I again come across Cnptaiii Oidmitz this far, I will endeavour (o nuike it uncomfortably warm for him. If he had landed upon i']ast Uookcry he would have done some damage. It was l)lowing very bard at (lie time, and I have no doubt Itut he intended to anchor close under the ilills, and go u|)on the rookery at night and get all the seals he could. Since that time [ have established a watch-house at Garden Cove, and keep two men there all the time. No vessels can come near the island on either side without liciiig seen. There never was a watchman at tJardcn Cove before. The seal are very scarce on this island, and in order to get enough for food for the natives I am obliged to kill seal whose .«kins will not weigh over tj to o}, lbs., and these ihe Company will not accei)t, and I am salting them for Government account, and shall |ii(ibably have some (iOO or 700. They are all good skins. I'lease obtain an order from the Secretary to ship them on one of the (irst Government vessels going to San Francisco tlie next season. I also retiuest that you obtain permission to purchase a new carpet for llic Government House on this island, as the carpet we now have on the lloor is nearly worn out. Also please obtain from the department for this island the following seeds: 4 lbs. noijd turnip seed, 4 lbs, good lettuce seed, and 4 ll)s. good radish seed. I have never seen vegetables grow better in my life than they do here, and it would surprise you to see iiDW what a fine bed of lettuce and radishes we have here now. In obtaining the seed, please get seed that has been grown as far north as possible. The natives of the island are a much superior race of people to what I expected to find, and I do not anticipate any trouble here this winter. I am, &c. "' ■ (Signed) A. W. LAVENDER, Charles J. God", Esq., .issiflaiit Trcamuij Afjenl. Treasury Agent, Clarksburgh, Washington, Virginia. ' ,43.1 >.{•-, '.-.t; [295] H 2 50 4. Report of A. W. Lavender. Office of Special Agent, TVeasury Department, Sir, St. George Inland, October 24, 1890. I have the honour to report to yoii thai. United States' rcvenue-sitcamer " Bear " returned to tliis island on llie :?i!nd instant from Oonalaska unexpected to us here. Ca|)tain Kealy told me tint orders had been sent from the Department to watch tlio ronki'ii's very close, as there had been two schooners cleared from Victoria for Rehrin;;'s Sea, and that they «ere i;oin<]; to raid these islands. I have not seen a schooner around liere sini-e I last wrote you, nor do I think that there is a single schooner taking seals in Beliring's Sea at this writing, and unless they come within the next two weeks there will not he any seal upon the rookeries for tlieni to kill. I have again to recpicst yon to do your hest to ohtaiu arms and ammunition for these islands, and hope that you will be able to secure lliem, for without them the rookeries cannot be protected in a pro]ier niannt'i'. 'i'lie old rilles that answered for the protection of the rookeries belong to the native>. and are of but little use. In addition to the five rifles owned by the natives, the Company has found small Colt's rifles and one large Sharp's, with very little ammunition for any of them. We have had three deaths here this last week, all three females. At this writing every adult native on this island is either sick in bed or convalescent. Both church and school have been dosed for the last two weeks, and I have been obliged to have boys only on guard at the rookeries. I think that the worst is now over, and do not apprehend that we shall have more deaths. There has not been any sickness among the white men up to this date, and everything upon the island is going along smoothly. On account of HO much sickness, 1 have been obliged to issue coal to the natives sooner than I should have done under more favourable conditions, for these people must be provided with more fuel now that the catch of seal is so small they cannot secure near blubber enough, with what little drift wood they can collect, to last them through the winter, and to purchase coal from the Company at 30 dollars per ton of 2,000 lbs. is more than they can stand out of their earnings for killing seal. Their houses are small, with only two rooms each, and with a large family to be all sick at one time is almost certain death with nothing more to keep them warm than the few ])ounds of coal furnished them by Govern- ment, and the little water-soaked drift wood that they have been able to pick up around the island and bring home on their iiaeks, for they have no other means of transportation ; tlic fact is that the only places that drift wood can land upon this island is at the breeding rookeries, where they are not allowed to go during the season when the .sci.ls are there, and it is my opinion that these islands will soon be depopulated unless the Government comes to their rescue, for the few seal they will be able to kill here the next few years will not keep them from suffering. Of Captain Healy, of the ''Bear,'' and Captain Calson, of the "Rush," I cannot (tpeak but in the highest terms. These gentlemen have been very courteous and obliging to the Government officers in charge of these islands, and have also extended all possible favours to the Company agents when it was not interfering witli their instructions. The weather here the past month has been very bad, and we have had three very heavy gales of wind, so that I cannot think it possible that a schooner shoidd stop in Behring's Sea at this season of the year. But I do think that they will follow the seal into this sea very early in the spring. As the seal begins to come upon the rookeries the last of April, I think the schooner will follow them very close. I would suggest that you place this letter before the Secretary, i\s well as my letters to you under the following dates, 14th August, 10th September, and 1st October, that he may know the true state of affairs upon this ishmd. Very respectfully, &c. (Signed) ALBERT W. LAVENDER, Charles J. Goff, Ansislant Treasury Agent, Treasury Agent, Clarksburgh, Washington, Virginia. liev. Shi change It line of tl knowledg ('ominsr I 51 5. Report of A. W. Lavender. Office of Special Agent, Treasury Department, Sir. SI. George Island, October 30, 1890. 1 have the honour to report to you tlint the United States' revenue-cutter "Bear" i-i still in theise wnlors, and at this writin;:; is Ivinfj at anchor at Zapadine. We have not seen hut one scliooner since the 18th ultimo, and that was the whaling- schooner "Alton," wliich anchored at Garden Cove to secure hrinc hoats previous to Icavinn; these waters lor San Francisco. Tlic oidy enemy the seal and seal-pups have around these islands now is tlie kitten whales, which are in large schools destroying pups in large nuniliers. We have had very severe weather here most all the year, and I cannot think it possihle that there is a sealing-schooner on Behring's Sea at this time. The natives are most all on the improve, and we have only had one death since I last wrote you, and that was a young girl of 1 1 years old, and she died with scrofula and ;;L'neral dehility. 'riie natives on these islands must have more furs, or they will suffer next season much more than they will this, as most of them have a little money to jnirchase wood, llirec sticks for GO cc.'nts. They should have at least 70 tons of coal for this island alone ; drift wood is very scarce, and they have no blubl)er this season. The Secretary, in his instructions, should say how many rations are to be furnished to the widows and orphans on this island for every week in the year, and this also should ijc left in the hands of the officers in charge. The seal arc nearly all gone from the rookeries now, and it is almost impossible to net enough for native food. I sha.l have about (iOO rejected skins here in the i'pring, for which please get orders to ship (m one of the tirst ships that goes down. The Company will not take skins less than G.] lbs., which is the cause of my having -n many rejected. In order to get enough for food, I have been obliged to kill small seal. I liope that you will be able to secure arms and ammunition for these island.s, as they are needed here very badly, I will assure you. If it is possible to change the school system here, it should be done, as the schools licre now are only a farce, and I think if they were put um, ir the charge of the licv. Sheldon Jackson that it would be a big improvement; in f.ot, there could be no change that would not be for the better. It looks strange to me that after twenty years' teaching that there is not a single line of the scholars on this island that can speak English, and most of them have no knowledge of the world outside of these islands. Hoping to see you up here early the coming season. (Signed) ALBERT W. LAVENDER, ( iiarlcs J. GoflP, Esq., Assistant Treasury Agent. Treasury Agent, Clarksburgh, Washington. 6. Report of A. IV. Lavender. .My dear Sir, Oomhiska, March 19, 1890 . I am in receipt of yours of this date, asking me to visit the condemned schoon*''' now lying near the head of this harbour, and to make you a Report as to the valiiatio«> 111' each one when new, also the present condition and valuation of eacii one as they now remain ; and, in reply to same, I will say that upon receipt of yours of even date I went at once on board the steam-schooner '" Thornton," of Victoria, Ikitish Columbia, and found her to be a small steam-schooner of about 45 tons measurement, built of soft wood, mostly Oregon pine, her engines about eight-horse power, her bottom yellow metalled ; all her running gear was down in her hold among iron rust and dirty water, and of no value whatever. I did not find any sails on board, her anchors and chains are both attached to her, but are very light and rusty, most of her small spars are gone, I should think, when new, that 7,000 dollars would be a fair price for her, including her engines and all other accoutrements, ready for sea. Her present value is nothing more than her old rigging and metal would sell for, less freight and expenses, and 200 dollars would be a good price for her. From the "Thornton " I went on board the schooner "Carolina," of Victoria, British 52 Coliiniliia, and foiinJ her to l)e a small keel vessel of about 32 tons. The ninning gear was all down in the hold amon;j; iron rust and sea water, and is of no earthly u^c ; her main boom and gad' and boom to the jib were all the small spars I could lind belonging to her, only one small anchor and ehain was on board, which is covered \vitli rust, and is very small and of little value; her standing rigging is of wire, and, I should say, that when new and ready lor sea that her cost would not exceed •2,'>00 dollars at tlir outside. I did not see any of her sails on board. The present valuation is nothing wunx- than she would sell for as firewood, and 23 dollars is more than I would be willing (o pay, and more, in my opinion, than the (iovernment will ever receive for her. She is built of soft wood, mostly Oregon i)ine. From the " Carolina " I went on board the " Angell)olly," of San Francisco, and found her to be a small centre-board schooner of about 40 tons measurement. The main masthead was broken off, the standing rigging is of wire. The running gear was down in the hold, and in the same condition as that on the '•Carolina" and "Thornton;" ail her small spars are on board, both anchors and chains are attached. There were none of her sails on board. She probably cost when new lJ,On() dollars all ready for sea; her jireseiit value is very little, and 10(» dollars would be a good price for her as she now lies. She is also built of soft wood. The water ri>es and falls in her and in all the others as the tide ebbs and flows. I understand Ihat her h.tils are in the (iovernment warehouse here, also three of her boats. From the "Angel Dolly" 1 visited the schooner " Onward," of Victoria, IJritisli Columbia, and found her to be a small two-masted schooner of about "."i tons, with hemp rope standing rigging ; her small spars are on board, both anchors attached and in fair eonditicm ; her running gear was down in the bold, and worthless as the rigging of the other three schooners ; there were none of her sails to be found on board. 1 should say that this schooner war; built in Nova (Scotia; she is made mostly of soft wood, principally pine, and when new was a line little vessel, and (irobably cost ready for sea about 4,500 ti) 5,000 dollars. At the present lime she is almost worthless, and I do not think that she woidd sell for more than 'JOO dollars, altliough she could be made, with iibout 1,010 dollars paid out in repairs, a vessel tliat wmdil sell for about L',.0OO dollars, provided her sails are in good condition. 1 also found nine canoes on the shore near the schooner which beloiigs to some (d' them, but, like ibe vessels, have gone to ruin through want (■!' care. Should yon re(piire u more detailed Report than this plea.se let me know, and on my return to Oonalaska I will be pleased to make it for you ; and in the meantime I remain, &c. (Signed) ALBERT W. LAVJ':NDKK, Charles .F. Oolf, Es(i., Assistant Treasury Agent. Chief Treasury Agent, Seal Islands. ifo.2. Sir J. Pdiiiiccrotr to the Marquis of Sulisbwi/. — [Received May 21.) iMy Lord, Washington, May 11, ISiil. WITH reference to my telegram of yesterday, 1 have the honour to inclose an extract from the Cleveland " News and Herald " of the 4th instant, purporting to give the fidl te.tt of Professor Elliott's Report to the Secretary of the Treasury, dated the 17th Novendier last, on tin; condition of sell life at the i'ribylolf Islands during the summer of 1890. Your Lordship will remember that Professor Elliott was appointed Special Commis- sioner for the purposes of the above iu(|uiry by Act of Congress, and that, as .stated in my despatch of the 20th February last, his Report was not included among those of the other Government Agents which weie transmitted to the Senate by the Secretary of the Treasury on the Otli February. It has not been yet officially published. I am informed that the document published in the inclosed extract from the Cleveland "News and 'ieruid" is mcorrectly styled Professor Elliott's Report, and that it is only the introduction to his Report in the form of a letter to the Secretary of the Treasury. The Report itself is a much more voluminous document, but the introduction gives its substance and its recommendations. I have, kc. . . •' ; ' •• ..r>> (Signed) JULIAN PAUNCEFOTE. 63 Inclosurft in No. 2. Exlrarl from the " Cleveland Leader and Mornimj Herald" of May i, 1891. Sperial Dr»patch to the " Leader." Washlmjlon, Ma;/ 2, 18i)l. 'rHl'i ne^jotiations l)C'twccn Sccretiiry iJlninc nnil the Britisli Minister for tlie settlc- iiient of tJie Ik-hring's Sea troubles arc likely to be resumed as soon as llic "Sayward" case, taken into the United States' Supreme Court from the District Court of Alaska, is (lisiioscd of. Mr. DIaine is now in possession of exact and reliable information as to the londition of tiic scalinfj industry not at iiis disposal before, and which caimot fail lo impress the i$ritisli Minister, Lord Salisbury, and everybody else, with the necessity (if an immediate enforcement of tiic policy adoi)ted by our Government in seeking to pievent the killing; of seal in the open waters of liehring's Sea. The ini'-rmation referred to siiows a good deal more than that. It shows, what was perhaps unexpected, ihat the tlnealened extermination of the seal is duo in large part tn the legalized driving and killing on land by the lessees of the sealing grounds, which must also lie -luspended if seal life is to be preserved. With these facts established by evidence that no one can dispute, there ought to be no great diliiculty in cifecting an agreement Ijctween the United States and Great iiritain for the immediate proi.'Sition of any seal- killing by anybody the coming soa.son, and a subsequent arrangement that will avoid any linther conflict over this question. When the "Sayward" case was appealed to the United States' Supreme Court, the negotiations were in what appeared to be a confused and inisatisfactory state. Sir .Julian Pauncel'ote had embarrassed Mr. Blaine by quoting President Cleveland's Special Agent at tlic scaling grounds, Mr. George R. Tingle, who affirmed I)efore a Committee of Congress that the seal was increasing in number, and that the rookeries were never in better condition; and Mr. Blaine was dilating at length upon the historical rights of the United States in Bebring's Sea. But he was quietly doing ■d good deal more than that. He was having the actual condition of affairs at file sealing grounds thoroughly investigated by Professor Henry AV. Klliott, of the Smithsonian Institution, a Special Commissioner appointed in pursuance of the Act of Congress approved on the 5th April, 1890, who is the best living authority on ''Oal life; so that h'' might be able to demonstrate the falsity, or gross inaccur.acy, of Mr. Tingle's testimony, which could not he refuted in any other way. Following is Professor Elliott's Report, submitted to the late Secretary Windom, in November last, and which is now made public; — lion. William AVindom, Secretary of the Treasury, Sir, Cleveland, Ohio, Xoremher 17, 1890. On the 7th April last I received from your hands my appointment as the Special Agent created in Act of Congress, approved the 5tii April, 1890: this Act orders and jirovides for a thorougli examination into the present status of the fur-seal industry of our ( iovernmcnt as end)odied on the seal islands of Alaska, so as to make known its relative condition now as compared with its prior form and well-heing in 1872, and for other kindred lines of in((uiry. I may as well frankly confess at the outset that 1 wae wholly unaware of the extra- ordinary .state of affairs which stared me in the face at the moment of my first landing, last May, on the seal islands of Alaska. I embarked upon this nussion with only a faint iqiprehension of viewing anything more than a decided diminution of the Prihylofi rookeries, caused by pelagic scaling during the last five or six years. Ikit from the moment of my landing at St. Paul's Island on the 21st May last until ilie close of the breeding season those famous "rookeries" and "hauling grounds" of llie fur-seal thereon, and of St. George's Island, too, began to declare and have declared lo my astonished senses the fact, that their utter ruin and extermination is only a i|nestion of a few short years from date unless prompt and thorough measures of relief and protection .ire at once ordered on sea and on land by the Treasury Department, and riiforccd by it. Quickly realizing, after my arrival upon these island.s, that a remarkable change lor the worse bad taken place since my finished work of 1874 was given to the public in that same year and the year also of my !;i>t survey of these rookeries, I took the field at 94 ®ncc, carrying hourly ami daily with me a series of note books opened imdir followiiiar heads : — 1. The " rooiici'ics," tlieir area, poHition, and condifion, in 187-, 1874-00. 2. The "hauling fjronnds," their appearance in 1S72, 1874-00. 3. Tlie method of " drivinfr" and taking fur-seals in 1872, lh74-')0. •t. 'i"he .selection of Hkins, grado, and supply, in 1872, lH74-it(). 5. Ciiaraelcr, condition, and nnnilier of natives in )87i', 1874-00. (1. (,'onduct of native lalionr and pay in 1872, 1874-00. To these hen nn ll, tluH tlilllS- (lays (liiiins tlic iK'riod of ;>Tcatcst oxpaiiHion, wliich is between tlie lOtli and 20tli July, liiving ample time tor tlu! iii>;ent to corieclly nolo the exact hounduiies of the area covered hy4hen). This step on the part of the Government ofliccr puts him in possession every year of exact data upon wiiich to hasi" a IJci)orL as to the condition of the seal-life as compared with the year or years previous. In this way my record of the precise area and jjosition of the fur-seal hreeilin;;; j^rounds on St. i'aul's Island in the Beason of 1^72, and that of St. (ic<)rv;e in the season of 1S73, correctly .serves as a definite Imsis for all time to come upon which to found authoritative Reports from year to year as to any chanf;e, increase, or diminution of the seal life. It is, therefore, very important that the Government should have an Aj^ent in cliarfje of these novel and valiiahle interesls, who is capable, by virtue of edutiatiou and enerjjy, to correctly observo and report the area and ])osition of the rookeries year by year." 'rhereforc, in the lij^ht of the forcn'oinj; you will observe lliat, although 1 was unable to detect myself any danj;er to or diminution of the seal life on the Prihyloff Islands after three seasons of close study in the fielil, endini; with the season of 187 1, yet i was deeply impressed with the need of an intelli^^ent careful search every year for tiie signs of or real existence of such danger, that 1 erged the Department to select men who wore lit to make such a seari'h, and who couhl be tr: -led to do it honestly and thoroughly, i iiiiide this request on the Idtli November, 1^74, as I gave in my detailed Report above cited to tlie Secretary of the Treasury, who ordered it to be published at once, and caused it to be widely circulated by the Department. In 187--7't, 1 observed that all the young male seals needed for tlie annual quota of 7.^^,000, or 1)0,000 as it was ordered in the hitter year, were easily obtained every season, between the 1st June and tlie liOtli .Inly following, from the "hauling grouiuls" of Tolstoi, Sukannon, and Zoltui Sands, Irom these hauling grounds adjacent to the rookeries or breeding i;rou;ids of Tolstoi, Sukannon, Reef, and Garboteh, all of these points to sup])ly b'.ing not more than i^ miles distant from the St. Paid village killing ^Miunils, the Zoltoi drive being less than (iOO feet away. At North-east I'oint on this island Webster got all the .seals desired towards Idling llio above-cited quota of !) ujlon that sightj feel warranted in taking the following ground. The least refiecllun will declare to an observer that, while a fur-seal tnoves easier r)ii land, find freel- thhtt attV rtv J»li. other seals, yet, nt the same time, it Is an Unusual nnd Irthotbiis tflbrl, ipven wncn it is volnntdry i therefore, when thousands of yotiug limle seAls ate Sudilcnly Hrousiftd to their utmost power of land locomotion, faver rough; shiirp » locliH, rolling clinker i^loncs, depp loose snnd, mossy tussooks, and other equally severe inipodimciitn, tlicy in tlieir fVinflit exert tlieinselves most violently, crowd in confused .sweltering; lienpsonc upon the otlicr, so tliiit ninny are often " smothered" to denth; and, ill this manner of most extrnordinniy effort, to he urged along over stretclies of unbroken miles, they are obliged to use muscles and nerves that nature never intended them to use, and whidi are not fitted for the action. This p'-olonged, sudden, and iinusuiil effort, uiiimfurnl and violent strain, must leave (I lasting mark upon the piiysical condition of every si.'al thus driven, and then fiuifered to escape iVom the cluhlied pods on the killing grounds; tliey are alternately heated to the jioint of suffocatior., gasping, panting, allowed to cool down at intervals, then abruptly started up on the road for a fresh renewal of tiiis healing as they lunge, shamble, and crec]) along. When they anive on the killing grounds, after four or five hours of this distressing effort on their part, they are tlien suddenly cooled ofl for the last time ])rior to the final ordeal of clubbing; then when dri\ u up into the last surround or "pod," if the seals are spared from cause of being unfit to take, too big or too little, bitten, kc, they are jierniitted to go ofl' from tlie killing ground back to the sea, outwardly unhurt, most of them ; Imt I am now sntisfiud that tliey sustain in a vast majority of cases internal injuries of greater or less degree, tliiit remain to work physical disability or ('eii.li thereafter to nenily evory seal thus released, and certain destruction of its virility and courage necessary to- a ;;t,"tion on the rookery even if it can possibly run the gauntlet of driving throiigiiout evei'y sealing season for five or six consecutive years; driven over and over again as it is during each one of these sealing seasons. Therefore, it now ajijiears plain to me that those young male fur-seals which may iiajipen to survive this teirible strain of seven years of driving overland arc rendered by this act of driving wholly worthless fc.r breeding purposes — they never go to the iireeding grounds and take uj) stations there, being utterly demoiali/.ed in s|)irit and in body. With this knowledge, then, the full effect of " driving " becomes apparent, and that result of slowly but surely robbing the rookeries of a full nnd sustained supply of fiesli voung male blood, demanded liy Nature imjieralivcly, f(n* their supj)ort up to the standard of full expansion (mch as I recorded in 1872-74),— that result began, it now seems clear, to set in from the beginning, twenty years ago, under the present system. Had, however, a check been as slowly and steadily applied to tliat " driving " as it progressed in 187'.'-82 upon those great reserves of Zapodnie, South-west Point, and I'olavina, then the present condition of exhaustion, complete exhaustiun of the surplus sii])ply of young male seals, wonhl not be observed — it would not have happened. lUit, how\.vii-, no attention was given whatever to the fact Ihat in 1882 the reserves were suddenly, very suddmily, drawn upon, steadily and heavily for the first time, in (irder that a jirompt filling (d' the usual annual (piota should !)C made before or by the usual time of closing the sealing season for the year, viz., 2»ith duly ; and initil tlie Report for 188!), above cited, of the Treasury Agent i>^ charge, came into the Treasury Depart- ment, not a suggestion ever had been made ii ofiicial writing, from 1872-74 to that hour, of the slightest prospect even of tin iinazing diminution of seal-life wliieli is now so painfully apparent. Naturally enough, being so long away from the field, on reading Mr. Charles J. Ooll";; Jteport for the season's work of I88!l, [ at once jumped to the conclusion that the ]iela"ic sealing, the poaching c eager, greedy parties located on and near all of the large rookeries and hauling grouiuls, and killed as many as they could handle ; in those days all the skins were air-dried and not salted, and that made the work of sealing then far slower and much more didicult llian it is now, since the present .system of salting skins jiraclically oilers no delay wliatever to the work of killing and skinning. In my mind, there is no doubt but that this inability to cure rapidly the skins for shipment in 178(i-1805, as fast as ihey could then be killed and skinned — not one-tenth as fast as they can be to-day, —that this delay alone saved the Pribyloif rookeries from utter extermination in those early days, ('ertaitily it was and must have been the cause, for at least thirteen different trading organizations had their vessels and their men around, and on these t«o islands of St. I'aul and St. George engaged to their utmost ability throughout full seventeen years in unbroken snccession in taking fur seal-,skins. Had these early Pussiaii fur hunters then jiossessed the iiA Kiachta; but even with this extraordinary jiindraiice, it seems that they took in that laborious and risky manner at least 100,000 fur seal-skins every year.* They took so many that by 1^03 s(!vcral hundred thousand of these air-dried pelts had accumulated over the ability of the old Russian Company to dispose of them in time to prevent their decay — moulding and damp, then abruptly decaying — rotting in huge piles as tiiey were stacked up in the warehouses at Kodiak, so " it became necessary to • " 111 till- llrst yiMiri on .Si, Pnul'i l«l.-inil from 60,0(J0 to 00,000 vicrv liikcii nniiuttlly, nnil on .St. Oinrpo from 40,000 I" .'iO.OOO I'vrry yoar. Siicli liorrllilc killing was iicilliiT iicci'snary nor ilcmniiilcd. The iki.iji werv fri'qui'iilly taken uitl.oiit .iny liit or ouiiiil. In 1803, 800,000 sr.il-i'kiiiii )iad ncciiiniiliitol, niiil it was iinpossiliii' to innkc advantatroons sale of so itinny fkiiii, for in lliis great nnnihor so many wcit »poilc(l tliut it lic'caiiio in'ossiiry to cut or throw into the sci 700,000 |nlts I" — ( l)iiliij|i Vcniaminov, " Zii(ilu»klp," Ac, 1 tHH, vol., chiiii. xii.) • -111 liaiid^ tliril icasi'il Ihi'l nvifl (h'slrf I "A 1 li.iptcr wl 59 rut or throw into tlic sea 700,000 pelts " during that year. Naturally this loss of labour, lime, and money cooled the ardour of the sealing gangs wliich ncre working the l'ril)yIoff Islands — tliey v.orked slower » lien they did work, and most likely never worked at all in wet weather; obliged to bow to the caprices of the climate or lose their labour, they tverc tiius obliged to spare the seals, and this enforced delay in 1783-1806 has saved the I'ribyloff rookeries from that swift destruction which the keen,(iiiicii-wittcd American and lilnglish sealers visited in ISOO-L'l) upon the groat breeding grounds of tlio fur-seal in the Antarctic ; they, our countrymen, then used the keneh and salt ; tiiey never were bothered with the (|uesfion of how to dispose of their skins after killing and skinning so ns to save tlieni, and they brought their methods of 1SO()-20 — the same metiiods of to-day — np to tlu-e seal islands of Alaska for the first time in ISGS.* Xo one can stale, with more than mere estimation on his part, tiie full number of fur-seals slaughtered by the Russians on the Pribyloff Islands from 178G to 1817; no lists, no checks uhatevcr on it appear to have been made, and Ibe record certainly never was made, since Bishop Vcniaminov, who, from 1S25 up to 183S was at the head of all matters connected widi the Church in this Ooualashka district, Avhere the seal islands !ielonged,and who liiul tlie respect and conlidcnce of the old I! ussian- American Company, made a zcaion? search for such a record in ISG-l '!o among the archives of the Company at Sitka, wlicri. nc had full access ; but tlie result of his painstaking search he sums up in the following terse statement; " Of the nund)cr of skins taken up to 1817 I have no knowledge to rely upon ; but from that time up to the present writing I have true and reliable accounts," which he puts into the Apppendix of his published work.f The Hishoi) (who is the only IJussian who has given us the faintest idea of how matters were condytcd i i his time upon these islands) seems to have witnessed them in a steady condition ol' decline as to yield, for in the time of his writing and up to its (losing in 18.'57 thi' rccind was one of steady diminution until 18P,4 ; the killing seems t') have been permiltLil \( ilh all sorts of half measures since 1817, adopted one after the other, to no good residt whatever; fin.i'ly, however, the supply abruptly fell from an expected 20,on0 to 12,000 only from b : islands in 1834— "all that could be got with all possible exertion," Then (he Russians awoke to the fact that if they iwshed to preserve these fur- licaring interests of the Tribylolf Islands from ruin, that they must stop killing, wholly slop for a number of years— stop until the reneuui of the exhaustcil rookeries was manifest, and easily recognized ; this Zapooska of 1835, which they the ordered, is the (late of the renewed lease of life wliich these rookeries took, and whicii by 1857 had restored them to the splendid condition in which they were when they passed into the hands of the L'nited States; and which now, after twenty-two years of killing since 18G8 and under the recent Ke.gulations of 1870, together with the pelajii' sealing since 188(5. we find again threatened with speedy extinction unless full measure- ore at once adopted for their preservation and restoration on land, and in the sea dialf measures will not do — they failed in the Russian period signally, and they will as signally fail with us if wo yield in the slightest degree to any argument for their adoption. It is interesting, therefore, to study the figures which Vcniaminov gives us of the yield from these islands during that ])eriod extending down from 1*^17 I ' 1837 — study it in connection with his statement of what those attempts wore, and iWiich were being made, futile etlorls by the old Company to build np the business, and yet continue scaling; imtil, finally, alter seventeen years of continual diminution and repeated introduction of half-way methods of restoration, the end can;c abruptly, and what ought to have been done at first was finally forced in ISIil — the absolute rest of the rookeries in 183.1 came, and jjractically continued mitil 18 1.()-,")() ; then a gradual rise above 10,000 " hollnschickio " or young male fur-seals ))er annum began to be safely taken ; and, by 1^.")1, the exhausted and nearly ruined rookeries of St. Paul and St. (ieorge were able to yield 35,000 prime fur-seal pelts without the slightest injury to them, and by 1857-GO they were so numerous that the Russians ceased to regard them as objects of care, and thereafter govcriunl their annual catch by the demand outside alone — taking as the market called for them anywhere from 40,0t)0 to 80,000 annually. As matters stand to-day on the seal islands the situation is very much the same as it was in lb31. Then it was expected that 20,000 seals would be taken, but only 12,000 were .secured " with all possible exertion." This year it was expected that 00,000 fine • 'I'lioy begnii iit onct' tint syslmi of ilisi-ipliiK"! I'xli.iiulive slaii^'lilcr wliiili lias provfil lo cffoplivf in their httUiU tliruu);hoiit the Anl:irctiu — took tiiMrly 300,0(IU si'al-»kiii9 on these isUnils in the slinrt i|i>cu of four inunths, I'casi'il llicn uiily t'ur wniit of tiilt ; but, hiippily, the (ioreriinient interrcncd before they could resume their work of swift ili'struclion. \ " /apicHkie <)b Ooiiala»liki'nikah» Olihiyl.!:" .St. IVtorshurgh, 1812; 'i vols, 80. A full translation of that ehapter which treati uf lliii quetliun will tulluw this introduction. 60 skins would bo taken, but only 21,000 have been secured with all possible exertion, nearly lialt' of this catch beinf;: small, or 5),-C)\ lb. skins r.iking and scraping the rookery niar';ins without a day's iidcrmission from the opi'iung to the closing of the season; of this work of 1890 I give you in this Ifeport the fullest detail of its progression, day to day, tlie mcrcil'ul ending of it, ordered so happily by you. it will be promptly observed from a study of this record of the Kussians which has been so plainly and so iionestly given to us by Veniaminov and Shaiesnickov, that the Eussians, during (heir control, were faced at two j)eriods with the prospect of a speedy extermination of these fur-seal rookeries of Alaska; in li^Oi) and in 1807 they stojjped all killing on these Islands of St. Taid and St. George, but began to kill again in 1810— too soon. Venianiinov's record f.nd account shows that from 1817, in spite of every, thing that they could do, save stopping short of all killing, "only made matters worse." Finally, in 1S34, with the second and positive threat of swift extermination again facing them, the Ihissians reluctantly surrendered, and ordered a rest which lasted seven years, ere anj' beginning was fairly made to kill more than a few thousand young male seals annually. In the first year only 100 of such animals were taken, the number being very slowly raised year after year until 1847--30. A careful review of my investigation, therefore, warrants me in respectfully urging— 1. That no driving and killing of fur-seals for tax and shipment on the seal islands of Alaska be permitted by the Government for a period of at least seven years from date ; and 2. That, the co-o))cration of Great Britain and Kiissia be secured in perfecting our international close time, by which all Idlling of fur-seals in the open waters of ]5eliring's Sea will be prohibited during the breeding season of these animals, and in order that the Representatives of Great Britain and Russia may sec the truth of my statement as to what threatens to exterminate these animals if pelagic scaling as wdl as terrestrial sealing is not at once slopped ; that a Commission of British, Russian, Jind American experts be invited to visit the seal islands next summer and report fairly upon the subject. in concluding this introduction to my work of the past season, and its result, I desire to say that I have been exceedingly careful in gatlierin;^ my data upon which I base all statement of fact and opinion, and to secure those data 1 have literally lived out upon the field itself, where those facts alone can be gathered honestly, or else they had better not be gathered at all. ! now submit, most nspectfully, my detailed Report covering the above-mentioned heads, together with tbuM! flehl-skctcbes and maps which I deem necessary to give a more (listiuct, clear, and full idea of my meaning and understanding of the sidjjects treated. Trusting that it will meet with your approval, I au^, Sn'. Hknry ^Y. Er.LioTT. To the above may be added, furnished by Professor Elliott, the following Table showing numbers of fur-seals on the breeding grounds of the I'ribyloff Islaiul.s, Alaska, during 187^-74, and again in 18'JO : — Swili, Seals, Island Kuukcrics. Male. I'linalc, nnil Yoiinif, Male, I'enialo, and Vouni;, lH7'J-7-!. 1800. St. I'nul llocf .. 3U 1,000 HO,«(iO ,. . • • • Giiibmcli . , . • 1S,1,(HI0 « 1,000 „ La^onn , . . . ;)7,ooo 0,000 ti • • Tol^l.,i.. 2;'5,O0O 02.100 •> ■ • • • /npadiiir 'l4l,'J(IO 1VI,20A It * * • • Kotavif . , ICu.UdO 28,000 II • ( • . Lukanttun , . • . 170,000 72.500 *i • • • • rolaviiia . . , . l!00,000 112,000 •i • • North-Hast Point 1,200,000 217,875 f* • • . • Nalispicl H,000 l)ii(a|>i»aircd St. Ocoif^u /apadiiii' ,. •■ IS, noil 1 2,500 » Stnriy Artec! • • . . !»0,'I20 l(i,000 It North ., 77,000 38,500 lt > • • * Little Knsteni . , 1. 1,000 4,800 H ■ ■ • . Great Eastern . , • . Qnind total • . 2,5,000 0,000 3,1B3,420 U6»,393 61 The grand total of 3,103,420 breeding seals and their ^oun-- I'oi' 1.^7-'-7-l reijresenls a division of its sexes and a^'cs of aljout 1,000,000 breedinn' ioiiiales or ••cows," 1,450,000 newly-born seals or "imps," and some 143,000 to l(io,OuO ablc-liodied virilo inales' or "bulls" over (5 years of age (the proportiou of farrow or '• Ikuicu " cows too small for notice then). ,. • , i The grand total of 909,393 breeding seals, male and iemale, lor ls|)() is dividud into different proportions as to ^ex and age, owing to deadly causes at v.ork »n laml and sea since 1874. The proportion of the above total tVn- 1S',)0 is 3.30,OOiJ bearing lenuiles, and some 230,000 not bearing, or not served last year and tliis; 3J(),()0(J pups, and Itetween 8,000 and 9,000 old males, many of them absolutely inipolent at the beginning of the season of 1890, most of them becoming wholly so as the sea-on advancrd. In 1872-74 ElHott and Maynard estimated the number of surplus young males or "killable " seals at 1,500,000 ; this year of 1890 Elliot makes a rigid calculation which shows a sciint 100,000 males left above I year old. s s .- 3 BEE [lu cont UNITED STATES. No. 3 (1892). FURTHER CORRESPONDENCE RESPEOTINa THK BEHRING SEA SEAL FISHERIES. [lu continuation of "United States No. 2 (1891):" C. 6368; and including the Pajiers contained in " United States Nos. 1 and 2 (1892) :" C. 6633 and 66341.] Presented lo both Houses of Parliament by Command of Her Majesty. April 1892. LONDON: PUINTED yOli IIKU MAJKSrys 8TATI0NEKY OFFICli BY HARRISON AND SONS, 8T. MARTIN'S LANE, raiNTIHt IN o«DmA»T to bi> iiaihtt. .^y AdiI ta b« pnrchiwd, eilher directly or tbrounh tnj lloolLMiler, from KTRS *WD SPOTTISWOODE, East IIardino Strut, Flut Sthit, E.C, and 32, Abingdon SramiT, W««tminit»», S.W. j u» JOHN MENZIES «c Co.. 12, Ha>ovi> STmtir, Euinidrsv, anb 8U, WiiT NiL> Stbhit, OLAabow; o> HODGBS, riGGIii, i. Co., 104, Gii4rtt>K Stukt, Usilim. T.\ H L H OF CO N 'I' K N TS. No. 1 3 3 4 5 r> 7 8 9 10 II Vi 13 14 13 16 17 Name. 1>.|U<. Sir J, I'.iiincefote Apr. 15, 1891 Mr. C. Il.iwkiin .. ,, 29, Colonial Ollice .. | .. .May 27, ..i .. 29, ill Sir R. .Moricr , . i Tilf)rr.i|ilii(' .liiiu' i, 7, To Sir .1. l''iiince(blc . | Tilcpr.npliir Sir J. I'luinct'foto , iTclffinipliic To Sir J. I'.iuncrfole., [Tflcirr.ipliic To M. ill! Sl,ial Sir .1. Taiin' "fotc To Sir K. .M.ilct Sir H. Moricr Sir J. l*nunc('fot»' Telegraphic 'IVlugr.iphic ; Telcgrapliicj To Sir li. Morier iTulcgrnpliic To Sir J. I'auiiecfolp iTelograpliie Sir J, Patiiiccfole ITeli'grapliic ' 2, 9. 3, 3, 4, 4, 5. 5, 6, May 28, 18 Colonial 01)1(0 19 Sir It. .Morlor 20 To Sir J. I'auiuefuie 31 22 .'^ir .1. I'aiinci'fote 33 ,t »i 24 To Sir li. .Moricr 25 To Sir J. I'aiiiiccfote 2G Sir .1. rauiici'lolc 27 »' ti June 8, 2S Sir II. .Murior 29 SO 31 To Sir II. Moricr ,, Tn (Colonial Otfice ., To Sir J. I'anncefote, . rclc^Hapltic ' Ttlegrapliic] T4'!ej;rapliic \ Telegraphic ' Telcgrapliici Telegrnpliic Telegraphic Telegraphic Telegraphic Telegraphic Telegraptiic Telegraphic 8. H, 8, 9, 9. 10, 10, 10, 10, 10, 10, 11. Si n.rK' Page Ndle from .Mr. HIaiiie of Ihc Hlh April, with alttTiiative to ''Lui^c I of above proposal Answer to No. 1. .Actep's first five jioints pro- posed. Allcriialivc for sisiii point and snggisied compccHaiion '-laiisc Asks consf nt ot Hiissia to teinporarv suspen- sion of sealing .Answer to Ntis. G and S. Commuiiiiation made to United States' (jorernincnt Is (icrnian (Juvcrnnicnt »uliieienily interested lo (te invited (o concur in suspension of staling f ,, .Answer to No. 5. Itiissian (jovcrnnn-i.t have not heard from rnited States' (iovernment on the sul'jcct of iiiodut rirendi . . Answer to No. 0. Altcrnalive proposals of United States' (jovcrnment for terms of tiiatliis viveniii , , Hefers to No. i2. Would be glad to know views of .M. de (iiers Answer to No. 13. Observations on United States' jtroposals Answer to above. Terni.s of modun vivend' as finally proposed by United Stales' (iovern- nwiil Note from United Stales' Government asking \ for early reply to their communication of | 4lh May proposing nindii.s r rrndi, and leply ' iberclo .. ; I'rotcBl againsi iin.dus viveiidi from liiitisb i Columbian Ituatd of Trade, and proposed I r< "'v . , . . . , I Vie\ i.f M. lie (iiers on mndun vivendi Answer lo No. Ifi. Her .Majesty's Ooviun- mcnt will assent to modus vivendi in terms i of fullo.\in[: No. . . . I Terms of tmidun rirpndi . . . . . j Draft of miiditi vivmiii delivered lo United Slates' (iovernmeiil .. ,, ., I{eply of United Slates' (iovernment lo above. I'nrlhir alleralioiLS desired Grounds in which liiissia is asked lo forbid 1 sealing this year . , . , . . j Answer lo No. 23. Assents lo alteration of | A nicies 2 and 3. Arrangement as lo Joint | Commission cinnol be left in doubt Hefers lo No. 23. Ueconuncnils acceptance of first four Articles wiib alloialions luggcsied Insertion made by Uniled Slates' (iovernment in Arlii-'Ie 2 . . Hefers to No. 24. Could llussia stop British sealers ? .Answer lo above in allirinalive Answer lo No. 18. Concurs in proposed reply to liriiish Columbian Hoard of Trade To obtain written assurance a> to .loinl Com- iniision before signing modus vivendi . , 10 ID lU 12 13 13 13 14 14 14 la IJ l.-i lii ii; iii iii TABLR OF OONTKNTS. Xo. 32 3) 34 3> 38 3U 40 41 42 49 51 5-.> ,Vt 54 5r> 5G 5H 59 CO (>l (i2 lit Nninc. Sir J. raimcefiiti' To Sir J. I'aiinccfole I 'oliini.il OITkv To Sir .1. I'.iutH'i'folt* Sir J PauiH'fioio To Sir J. PaiMiccfolu.. Sir J. I'auiiccfole ,, Sir U. Moricr Sir K. Mal.t Dal.'. 43 Sir .1. I'liiLU'tute 44 Ailiniialiy , . 4.-. To Sir H. MoriiM 4G Sir .1. I'.iiiiKL'liiH' 47 <' 4K I'oloiiial Ofiito Tol.'gr-i.liij Jmiu II, 1891 lVI,;;l;ipllic| To Sir U. Moriir i» »» To (.'olonial ()ll!cc Sir J. raunrcroto .. IVIpgrapliic | To Sir .1. I*aum't'fot(', , Sir J. I'aMiKt'fdlc ,, Ti'lfgraphio Sir K. Malel To Sir ,1. rauiuM-fote Adniirally ., C'oui;cil Offico , Sir |{. Morirr To Sir (i. Hadtn P,.«i.llaii(ll)r.I)a»- Sir .1. Paitni't'lolc ., Iclpgrapliic Ti'lcgraphic rr,72l 15, 1(3, 17, 9, 3, 17, 18, 18. 19, 19, ^0, 20, •Jl, '•', IS, ■I'i, 22, 24, 24, 24, 16, 10, Si'iuKcr. to nbr. tJi)it(il Slates' (iovcrniiicnl 12, .. 13, IVlppraphic 13, I'l It'l^iapiiir 13, IVl(';Tra|)liic 14, Tt'Ic((ra|)hir 14, 5, • • :5. .. 10, .. 12, will sign Agreprnent for Joint Coimnisiiioo Rimtiltniieoiisly ^^ittt Arbitration A^rcfiniMit. . ; An-^wtT to No. 17. A|i|)i(>vi!8 reply to United j States' (lovcrnment Tt'lffrrnm to Canailn ask'tntr views as to selection of l*n'hrinn*H 8ea Comniissioheis . Mav ^iyn vukIhs virendi Aj::recnipnt on iiniler- ftnndiiu' lli'it tltere \s no delay in a|ipoiiitinpnt of Joint ('oinniijaion . . . , Answer to No. ;il. Hrplv of United States' lovernnient as to Juinl Cnnui I'i po-es to sign tnvtiut vivendi Agreement Aitfltt Modu. to al»f Authority to sign modus s nt't'udi signed Memoranda delivered to United States' Go- vernment respecting nwdits vtretidi and Arbitration Agreements ., Note from United State>' (Jovernment nf the •1th June re^peclirir vtodu.i vivendi ,, I Coiumnnicafioii^ with M. de (Jiera respecting! rnodtis vt'vvndi . . . . , , ' Answer to No. 11. (ierman 'Government not i .«ullicieuilv m' ilv olttaining assen rivendi Agreement aterested to take steps tor t iig to UKldttS ' t of Ileicii't Procla :i!vatir t niaU omniamler - in - cl •Javal Ortieer at I'. hiyf iqui- .-oiiver-atioM wi tl) iiii And) ni-^-iuior as to ' Me suapension of >e:il:n'' enioraiMlniii dehxered Ut United States' (u vernti.eiU re?iM oduy uli Note ( ,)f th- (iih Jn i'y\ern'.ient re^peetin;: fwdiis vtvendi from U.iited States' P'"otesl'^ '.jzain^t nuKttis i ir endi from Bh or American . , Apiidintment as Commissioners, and general instiuctioU'' .. .. ,, ,, Notes to United States' (lovernmcnt as to (onditiou on which modus vivvndi will be f^ijiiied Modus vivendi Agreeineul as S'jned a 2 jPnge 10 17 17 18 18 la 18 19 20 21 23 23 23 25 25 26 28 29 30 30 30 30 31 31 31 35 35 3C 3'i 3/ MS 39 iv TABLK OP C0NTKNT8. No. 65 66 Sir .1. Pminccfotp . . 67 To Sir n. .Morier 68 To Sir J. Paiincffote. e» Sir J. I'aunccfole 70 It It 71 To Sir .1. I'aiinrefolp. 72 »» !■ 73 Sir J. I'niiiicc'role 74 Tn Sir (i. BaHeii ro»i-llninlOi-.na« 75 ■on Sir R. Morirr 7n Sir J. I'mmccfoti' 77 ?8 I 80 T(. Sir J. Pauncefote. i 81 Sir J. Pauncefote 82 83 Sir G. Baden-Powpll 84 To Sir J. Pauncefote 85 Sir J. I'nuncefote 86 I To Sir G. Iladen- I rowellanil Ur. Daw- j son 87 Colonial Office Date. re1e|;r»pliic relegraptiic Telegraphic I TelrgraplTlc | Telepraphic | I'e'eprnpliic | .Inne 16, HOI 2f, 2G, 26. 36, 36, S6. 27, 27, 16. 21, 23, T*'Ie;!ra)»hic .Inly 4, rclegra|jhic • 5, June V6, 26, IVlcgrapliic ! July 6, Tilegraphic i 6, rclegraphic 8S To Sir I!. Moiiei' Telrgrnpliir 89 Sir ,1. Piinncefote 90 91 .e sent to. day Letter receivi'il giving leave to liritish Com- missioners to visit Pribyloff Islands Refers to No. 56. ApproTCi notes to United States' Government .. Copy of telegraphic inslructioni to I)ril'!>h iTuiters (see No. 44) .. Suggests compensation clause, and proposes to sound United Stales' Government respecting it .. Informs of permission In visit Pribyloff Islands . . , . Questi(n) of Hussia joining in m'^tlug vivnidi still under consideration Copy of instructions to United Stales' naval otIicerB . . ., . . ., Correspondence in " Waebington Post ' and " New York Times,*' containin, I'l 17, 7. 7. 21. 9, >«i 23, i ■>3 rj.S'l Sir G. Baden-I'owell.. 1 L'4 Sir J. I'aunccfotc Telegraphic Telegrai.hic Telecraphic Tcligraphic 24. 22. 27, 59, 31, 24, 29. Aug ), July 16, Aug 12. 22, 5. 23, SlIIUKCT. InformH of above telenrnmn I)ipru«sion aR tocomp4'nlliriiil letter to Mr. W'linrtoll silvcesliii',,' rompeiiHa- ti'iu rlaum' . . . . . , 79 12S !• tt •i», Inquiry from Mr Wlmrti.n wlicif reply as to e.inipeTiiiilimi li.iitse may In- ,-xpt'rIed HO V2 Colonial OlTicp ■• 10, Heport by .Minister of Marine an >• •■ 10, I'rivale and unotliii;il note from .Mr. V\ liartou. I'lesideiit's lepli to propH.'ds in ^ o \i:] h^ 136 Si.- O. Bnldi-Pofttll IVIipniiiliic Oi-t H, Keporls return nf (!o?iinii^^iit!l In Ivi|uiin:iU Kl 137 Sir .) l*iiuiu-ctoic !'i-'il'I.i|iliic I-'i Uuiied Stales' (iovcininenl |iri'-> lir n-ply to li.cir m-le of 'Mid .liily IVo.r i-. ie|ilvin)r oflieially in "i-n-e fit private li iier to Mr, Whirloii of :Gili An:;u«t (see Vn. 127) 89 138 To Sir J Pntinprfotf Telegrapliic l.i. Answer to above. To prueeed as projio.-ied 89 139 Colonial Oliii-f 10. Conimiiniealinni with Urilisli C'olniubin S.-alers' Aisot'iation 90 no lU'iirlnp'^ Sra f'oni- iii.ssiom-rs Sept, 17, Report visit to llnssia;i islands 91 141 M M _ 17. Kepoil of proeeedinjis up to d.ile ., 92 H2 Sir .1. Pamicefote Telegr.ipliiu Oct. HI, Refers to No«. 137 au.l 1;!,S. Alternative pro- posals of I.'iiiud Slalei' Government n»- pe .'ting compensation (lanse 93 143 MciiiorniHliim hv Sir; Aug 10, r.imiialioti of raleh of fur-seals under mndm G. »ad.-n-l'owcll ; mrrnili Atticeir.ent 93 144 'I"o Sir J. Pauiicpfotfi ,TpIrjrraj)hic Oct. ■2i'>. .Answers >o. M2. Second clause suggested ..y nulled Sia'es' (ioverninent acepli'd .Asks if Joint Commission .\riicle may he 9- 145 Sir J. I'aiinci'foti' . . iVlegrauliic ■20, "igi"''' •• .. .. ,. 9" 146 To Sir J Paiiiicof,jtc. . Tclograpliic 21, Answers above. .May sijii .foii". Commission Article 9? 147 Sir ,). Piiiiiiccfolc 12, Reply of United Stiles' Covernmcnl resperting exre-sive number of seals taken, and obser- vatiiins thereon , , . . ,, 97 J48 II II • • •• l-"), Letter from .Mr. Wharton pressing for reply to United St ites' (ioveriimenl'a note of the j 23rd July (.«ee No. 137) 101 149 ,1 1, . . ! Telegraphic 23, Interchange of notes recording adoption of seven Articles of Arbitration Agreement , . 102 150 To Mr. Howard .. 2ii To thank Uussinn (invernment for reception of Hi-itihli Commissioners on Uussian islands 10.' ISI Colonial Office •• 26, Memorial from British Columbian Sealers' Association . . 10'2 lS-2 Sir ,1. Paiincerote .. 19, (.)lhcial nply sent to United Slates' Govern- tnent in reply to their note of 23rd July . . 10.) IS3 Colonial Office , , 20, Return of liehring'a Sea Commissioners to IM To Beliring's Sea Comniissionera ■ • 30, Ottawa Copy of reply of United Slates' Government respecting excessive number of seals taken (see No. 14"). Asks for observations lOfi 10(1 135 To ;■ Ci.Hailcn- Powell • • 30, Acknowledges .Memorandum on limilalii)n of seal catch (see No. 143) with thanks Il)7 156 Sir ,). aunccfole ,, IVlrgrapliic 31, Proposals by .\Ir. Ulaine for ronslitulion of Tribunal of Arliitration 107 137 Bi-liiing'it Sea Com- 14, liipiirt of prn;-ecdings. luvestigation i jom-' inissioupr-f pleleil , , 107 )3S i» i» ., 19, Observations on excessive nn. ..er ot lt Kl '■ rrplv to n'lilyinir r to Mr. l-.'7) . 8I> posed . . m Columbin 'M 91 .. «2 ntive nro- ment rc>- , , 93 Jer mndtts ,. !);! siiinfested 'lllrd !J7 may lie '(7 omniisMion •J) |-o>|iertiii^r and ot)ser< • • m or reply to te of the • t 101 loption of eeinpnt , . 102 reception i.'in islanils 10-' \ Sealers' • 10'2 s' Oovcrn- d July . . lOJ »9ioner« to • t • lori ovcrnineiit Reals taken tlOIIS loi; iiitiilion of ' nks 1 107 titiilioii of 1 , , lo; turn I vjiii- 107 r n( «eal8 No. N.'UIie. l'.,lr. Sili.ii (■ 1. I'a^'f L.y Ililirinir'^ Se;i (.'uni- <»rl. Vil, l.si), ••^i-niN .Nleinorial from X'.ineouxcr Se.ilers* itii«M eniTH .\.«oi!iulioii, nnd r>-p1y . . 108 1 a) Sir .1. I'iiiiiHel'oti' •• 2i, 'Si Mill 10 le< reeonlinu aiioptioii of •■eieii Arlieli* of Arljilralioii \t;ieiMiMMit 109 ;i:i To Colonial Oilier .. •• Nov. ?, t'op\' of .No. I.j(i. AskH \tews as to loii.^.ilii- lioii of .Vrhilratii'ii TiiliiiM.il 112 ICJ To Sir .1. Paoiiei i'ole . 1', Approves note rrspccliiiK .even Arliehs of Arliitratioii AKi-ceinetit ( sei- No. ll.O) iia 163 'I'o liehriiiL''H Sea , , c, Approves leply to Vanrouver Sealers' Aisocia- Coniinis»ioiicr» lioil (see No. 159) tl'J 11)4 •• 6. Acknuwled^es No. l.'>7. Approves pro- ceediiiji.H 112 IKS .Ailiiilralty ,. iO, (!opy of lleporl fr-.tii Coiiiiiiaiider-iii-eiruf on l'aci(ie 'station I'roju.'es to ap[>rove jiro lei'diiif's of Coiiiinaiiders of '■ .Nvntplie,'' '• I'orpoise.'' and '• I'iiea' .iiit " . . 113 Ififi Sir J. \\\i 11' (Tote IVIeiii.iphic i ''. Mr. Iil;iii;e\< views a** t.i choice of .\rliitriitors .lild place of sitrinj; 116 IIJ To .Adliiiraity .. , . 19. Concurs in proposal conveyed in No. I6.i 117 !(;« Sir .1. I'niiiiei luie I'ilei;t.i|.liie 21. Dntf apiioiiilcil foi- signature cf the A tl.itriit'Oii .\i:rei nieiit .•iiol Joint Conunisition .Article. Sii!.'i.c...trd licadinya tor 'hese Arliclts 117 ,i;o I'o Sir J. I'auiiri'fote. . Telegr.iphic ■^2, .Anilionly to sivn, ninkinir at tiie time two rcRervHtiouH in ribald to Clan.se tJ 117 170 Sir J. I'auiici'fole », ■■ 13, Co|iie.s of a nanaiive hy a correspondent of the ''New York Herald" of his voyage to llelirinjf's Sea. . , , , , 117 Ui • »> • ■ IViet'rii|ihic •H, Mr. Ulaiiie's ohjections to reservations in No. iGU, and inquiry as to the cessation of lealinir after 1st May, pending the adhesion of tiie other I'owers 120 I"'.' •• M •• Telecniphie ■27, .Mr. lilaine's repiv to reservations in No. 160 (Inclnsu'c In No. 170, iw/Wi) .. ,, 120 17.1 To Sir J. I'aiiiirefule.. reIrj.M'aiihie •20, llclers to No. 172. 'The tirst reservation may he waived. .Sngge.^ts a provision to be snbstitiiled for the second reservation 121 174 Sir .). I'muircftle •• -3, Copy of note to .^Ir. IJIaine in sense of No. 1 CO 121 175 ., Telegraphic Dec. 3, Snlistance of Mr. Blainc'i reply to proposal in No. 17.'1 12j 170 liehrins's Sea Coiii- luisnioiiers Nov. *J5, Observations on correspondence transmitted in No. 154 respecting the nnmher of seals killed on the PrihylolT Islands dnringr season of \h'). ill exce>5'of 7,500 122 177 To Sir J. I'auncel'ole Dee. 5, .Approves Orms ef No. 174 124 178 Sir J. I'uimeefole ■• Nov. 27, Turlhc r details of interview reported in No, 171 .... 1S4 171) ti . t • • 27, .Mr. Blaine's reply to note in No. 174 125 IMI To Sir J. I'ounei lole , relegrupliio Dee. 7. Itefers to No. 175. Her Majesty's (iovern- nient agree to drop the second reservation .it this stage, retaining the rigiit lo raise tlii' point before the Aihilrators 126 lUl Sir .1. I'aiiiieefote •• 1, Copy ol note to Mr. lilaine in sense of No, 173 126 I'-'J It .1 •• Telegraphic 10, Snbstance of .Mr. DIaine's reply to No. 180. .^•hall lie sign Agreement subject to rtserva- tion Mientioiied in No. !,>•')? 127 I6;i To Sir J. I'aiiiiei tote. , rcle^'rajthic P, .Authority to sign as suggested in No. 182 128 im Sir J. raiincefote .. I'lletrrapljie U, .^lr. lilaiiie's note objeetinj^ to any r«scrvation 128 I8J To Sir J. I*aiincefote, , IVlegraphir IC, Did not make any reservntion. .Authority to sign tile Agreement 128 I'-G Sir J. Pauncefote Telegraphic 17, Is addressing a note to Mr. lilaine as inEliucted in No. 1H5. . . . . . • . 129 iS7 »f »» •• Te!ei;raphic 1«, Ueports signature of Arbitration Agreement ami .loint Conunissioii Article .. .. 129 IHS »• ■») • • •• 10. Text of notes exchanged with Mr. Blaine on the subject of the proposed reservations to .Article VI .. 129 18U >» • • , , 10, Kxtrac. from President's .Message to Congress. . 131 I'M) i» »• •• •• 11. Nou '0 .Mr. Blaine in sense of Nus. ISO and 183.. .22 i:;i »< !1 • ' Telegraphic ii. .Mr, Blaine's snugestion as to the number of Arlitrators .. 132 TABLE OP CONTENTS. No. Name. Date. SUBJKCT. I'ai!!- 102 Sir J. I'nuiicefotc •• Dec. 15, 1891 i ■ 'Text of Mr. Blaine's note of 14th December, i and of Sir J. Pauncefote's reply .. ..13a 193 M !• •• •' 18, I'cut of note to Mr. Blaine of 18th December, i Reports signature of Arbitration Agree- ment and Joint Commission Article .. 1,14 194 »» »< •• IH. Text of the seven Articles of the Behring'a Sea Arbitration Agreement, and of the .Joint Commission Article as signed .. 1.14 198 To Sir J. Pamictfole.. Telegraphic 3J, To make it clear that Her Majesty's Govern- ment urge the appointment of seven Arbitrators .. .. .. ..130 196 11 11 • • Tclegrapliic 30, Can any date be fixed for the meeting of the tloint Commission ? .. .. ..136 197 Sir J. Paiiiioefole Telegrapliic Jan. 2, 189:1 Joint Commission can meet at the earliest date permitted by the other public duties of the ' American Commissioners .. ..i 13B 198 11 11 . • Dec. 23, 1891 Census bulletin relating to marine mammalia fishing industry of United States.. .. 136 199 11 11 • • Telegraphic .Ian. 4, 1893 President cannot consent to meeting of the Joint Commission until the remaining details of the Arbitration Agreement are settled .. 137 200 11 11 f* Telegraphic 13, Mr. Blaine most anxious for the immediate meeting of the .loint Commission at Washington ,. .. .. .. l.'i? 201 11 11 Telegraphic 14, Important that the British Commissioners should proceed to Washington at once . . 137 202 To Sir (>. ISadrn- Powell •• M, Desirable that he should proceed to Washington as soon as possible .. .. ..137 203 To Uehrinjf's Sea Com- missionerj •• 15. 'Transmits Queen's Commission, aud gives instructions .. . .. 13h 204 SIrG. Baden- Powell.. Telegraphic Feb. 1, Arrival at Washington with Dr. Dawson ,. , JS.'i 205 Sir J. I'auncefole Telegraphic 1, Heports arrival of Briti«h Commissioners .. 131/ U06 11 11 *• Jan. 29, Copy of note to Mr. Hlaine of 2l8t January accepting proposal as to choice of foreign Arbitrators .. .. -.139 207 11 It •• 'Telegraphic Feb. «. Hail forwarded a draft Arbitration Convention embodying Joint Commission. Mr. Blaine pressing tor renewal ofmot/w viveniii 13'J 208 lieliriii<;'8 Sea Com- missionerii Telegraphic U, Have begun informal meetings with American Commissioners .. .. .. 13'J 209 Colonial Office •• 10, Suggests consulting Canadian Government as to renewal of »no(/«» rimnrfi .. .. UU 210 Behriiig's Sea Coin- missioncrs •• Jan. 29, Acknowledges No. 203. Are proceeding to ' Washington .. ., .. .. Ul) 211 11 !• ,, Feb. J, Report arrival at WashingtOH .. ..HO 312 Sir J. Pdunccfote •• 4, Text of draft .Arbitration Convention proposed , by Mr. Blaine .. .. .,' Ml 213 fi It •• • * 5, Mr. Blaine pressing for another modut vwendi, to lake effect from the expiration of the present one .. .. .. ..Ill 214 To Hit .1. Paunccfote. , Telegraphic Ifii Draft Convention submitted to Law Uflicers. > Entire prohibition of sealing iloes not seem necessary .. .. ..Hi 2ia Sir J. Pauiicefotc Telegraphic V, Mr. Blaine urges consideration of m.-rfu.* Vivendi by Joint Commissiuu. Can neces- sary authority bj given? .. .. ij.i 316 To Sir J. I'uunnefote. . Telegraphic l«i Joint Commission may consider modui vieindi, but Her Majesty's (iovernment must reserve right of action ,. ,. ..112 317 It 11 • • Telegraphic 20. Her Majesty's Government prepared to accept draft Convention in No. 212 subject to certain amendments .. .. .. H.! 218 Uehring's Sea Corn- miss jnt •• I:'. Began formal meetings on lith February .. H:i 319 Lord Sta. ■ 7 of Pres- lou to I., rd Knots- ford Telegraphic •-•:), Canadian (lovemment have no inl'orniation showing necessity of modus vivfndi. If Her .Mojesty's (iovernment have such information Clanada would not object to zojie of '25 milet, if acromp.Miiid by restrictions as to sealing on laud , . . . .. .1(1 840 Si:' ' i't.ancefote Telegraphic 25. Ciiimunicatiiin made to Mr. Blaine in sense of So. 214. Substance of his reply pressing ^tir modut Vivendi .. ,', .. lU ■243 244 24,i 346 TABLE OP CONTKNTi IX \o. Xain '. 221 222 22a 224 22.5 226 227 228 22 a 230 1 231 232 233 23^ 2r,i 286 2.17 23M 239 240 241 242 243 244 24J 246 Sir J. I'auncefote To Sir J. Pauncefctc, , Telegripl Date. SUBJRCT. |P»g* Telegraphic Telegraphic Sir J. Pauncefote Tn Sir J. I'aiincefotf. Sir .1. I'auncefote J-ii G. iiiiden-Powell Sir .1. I'auncefote T 1 Sir J. Pauncefote. . Telecrapliic Telegraphic Telegrapliic reb. 26, 20. I Telegraphic relegiaphic Telegraphic Mar. 4, Feb. 26, Telcgnipliicl Mar. 8, Sir ,1 I'auncefote . , Telegraphic Sir (i. Bailen-Powell. . t'elegrapiiir Sir J. Pauncefote .. To Sir J. I'auncefote. . I.oril Knntsford to Lord Stanley of Preslon Sir .). I'auncefote , . To Sir J. I'auncefote Telegraphic Telegraphic Telegrajihic Telejiraphic Telegraphic Telegraphic 9, 9. 1. 9. 4, IS. 18, 18, 10, 25, 26, 26, 1892 26. 27 19, 18, 29. Mar. 1, 3, Feb. 28 Sends verlmlim panigrapli from Mr. lilaine's j note refcrretl to in nbovi' .. ' Opinion of Hritish Cominissiouef!* as to inodu^ vivendi. No serious risk of dejtletion this { year, hut liiniled temporary measure recom- mended . . . , . . .1 Her Majesty's liovernment have no infonua- j tion to show necessity of modus vivendi two | years running. (-ompromise suggcHted in No. •i'.'2 may b • proposed .Mr. Blaine learns that forty-six sealers have cleared for Hehnng's Sea Convention will lie signed on Monday Notes exchnnjied with Mr. lilaine as to the meet in;; of the J')int Coinniission Corresponflence witii .Mr. IJIaine and the British Coinintssioners as to power i»f Joint Coiniuis- si'in to iliseuss the (]ue>tion of a modus Vivendi for next season . Arbitration Convention signed. Shall exchange of ratifications take place in Washington or Loiuton ? Exchange of rati6catious can be carried out more (juickly in London. 'To telegraph when Convention is approved by Senate Approves proceedings reported in his despatch ol IHth Febnniry Prcsnicnl has issued the Uehring's Sea Pro- clamation in the same terms as lierelofore . , | Have signed Joint Report to-day Text of notes sunnnari/.ed in No. 220 .. i Keply of United Stales Oovernineni to pro- | posal in No. 223. I'rges necessity for j mtidiis rivundi in order to pieserve value of! property pending arbitration . . ' To re[)eat above to (iovt nior-General of Canada • . . . . . . . Convention sent to Senate vesterday ami referred to Committee on Foreign Affairs . . : Text of note to Mr. Blaine in sense of I ■I. 223 Fxpresses opinion that renewal of modus vivctidi, though not necessary, would be beneficial Text of liebring's Sea Arbitration Convention as signed 'To rep(?at t<» (Jovernor-(ieneral of Canada telegram from Sir G. fJailen-Powell of Dth j .March .. .. .. AnsMera No. 234. Kenew.il 0^ modus rivf:ndi, I .Viay iiive ground of complaint by Hritish 1 sealers if Arbitrators decide in their favour, i Suggests that sealing slioiild be permitted t to vessels giving security for any damagea awarded by Arbitrators . .. 159 'Vti dirct port authorities on Pacitie to warn owner'' of vessels who have cleared, or are clearing, for Uehring's .Sea, tlial they do so at their own riiik .. .. .,160 Note from .Mr. Wharton of sth .\larch re- speetitiL' tnodiis vtiu-iidi. Sulislaiit-e tele- giaplied (see .No. 234) . .. .. ItiO (.'onuiiiiiiK-ation made to L'nitetl States' (io- vernment in sense of No. 241. lieply received slating that r.''tu'Wdl of VK/dux vi'rnd' is tiio least that can lie accepted, and liiat Hinted States' (iovprnmeni must main- lain their rights . , , , . . Il>3 Two alteriialive proposals by Her .'tlajestv's (iovemmeut as to the conditions on which seahiin iniiiht be prohitiiti ti this se-isou 165 Proposed form of reference to Arbitrators of (jue.-tion of dauisges ,. ,« ,. 165 144 144 145 14S 146 146 150 151 151 1S2 152 153 153 1.54 154 154 154 156 156 159 ['-'72] t«BL« 0>f COMTBtlTB AIM'F.NDIX. Nnmf. Date. Subject. IVe Colonial Ottict' Vlar. 2, lH9i ^ Di"cril)ini,' Itegnlations for the killini* of the fur-seal in any ])nrt of tlio waters of IJelirintj's Sea, then it shall he further determined (1) how far, if at nil, outside the ordinary territorial limits it is necessary that the United States should exercise an exclusive jurisdiction in order to protect the seal for the timo living upon the islands of the United States, and feedini; therefrom r (2) whether a close season (during' which the killing of seals in the waters of Bi'hrinii's Sea outside the ordinary territorial limits shall be prohibited) is necessary to save the seal-fishing industry, so ^-aluahle and important to mankind, from deterioration or destruction ; and. if so, (3) what months or parts of months shoiiM he included in such season, and oyer what waters it should extend r The President does not object to the additional question respecting alleged damages to l^nu'lish ships ])roposed by Lord Salisbury, if one condition can lie added, namely, that after the issues of the arbiti'ation are joined, if the T'nited States shall prevail, all the seals taken by Canadian vessel>, during the period shall he ])aid for at the Duke of 'Wellington in 1822, which he had before ([uoted. If lie will reeiir to the 2('ith and 27th jiagi's of my despatch of the 17th December, he will observe that I siiecially dealt with these; th.'it I maintained, and, I think, proved from the text that there m;is not a single word in those protests referring to the Behrinir's Sea, but that they referred, in the liinguagi- of the Diikc; of W'ellinirton of the 17lh Oeloher. 1W22, only to the lands "extending along the shores of the Paeilie Ueean from latitude lU' to latitude (i(/ north. In the iirst parairraph of Lord Londonderry's protest of the 18th .fanuai-y, 1S22, addressed to Count Lieven, of llnssia, he alluded to the matters in disputeas " e.v/)er/«//)/ connected with the territorial rlii'hts of tlie linssian Crown on the north-west eo.ast of America bordering on the Paeitie Ocean, and the eominereo and navigation of llis Imperial ^lajcsty's subjects in th(( s(^as adj.-icent thereto." Prum those and other ])ert incut facts it is evident that the protesis of liord T/ondoiiderry and the Duke! of A\ellington had nothing whatever to do Mith the [loints now in issue between the j'tmericau and British Governments con- cerning ilie Walters ol'the Behring's Sea. They both referred in diirerenl, but substan- tially identical ]dirasrs, to the territory south of Ihe Alask.an l'(>niiisula borderiin: on tlie J'acili(!, and geographically shut out from ilie Behring's Sea. I regret that m\ arguments on a ])oint which Lord Salisbury coii-iders of great im|iorlanci' should have escaped his Lordship's notice, in liOrd Salisbury's judi^nient tlu; contention id' the United States now rests ivludlv upon the Ukast, or attempted to be set, in contr.avention of any snch liye-law may be seized ami destroyed or otherwise disposed of as in the Cth seoiion of this Act mentioned." If Great Hritain may tJius control an area of 2,700 square miles of oc(!an on the const of Scotland, why may not the United States ])rescribe a space around the Pribyloir Islands in which similar prohibitions may be in forct.'? The following would he tl:e ne{;d(>d loi,ns]ation for such a piu'posc by Congress, and it is imt a paraphrase of the Act of Parliament : — "The Fur Seal JJoard may, by ]?ye-law or Bye-laws, direct thai the methods of sealing known as spearing or harjjooning, or with lire-arms, shall not bo used within a line drawn from the shores of tlu^ Pribyloff Islands (JO miles in the Behring's Sea; and said Board may from time to time, make, alter, and revoke Bye-laws for the purpose of this section ; but no such By(>-law shall ho of any validity until it has been oonlirmed by the Secretary of the Tri'asury. Second. Any ])erson who uses any such inothod of sealing in contravention of such Bye-laws shall he liable, on conviction, to a line not (!xeooding TOO dollars for the lirst ollence, and not exceeding 500 dollars for the second or any subsequent olVenoc; ; and every spear, harpoon, or live-arm attempted to b(! used in contravention of any such Byolaw may he seized and destroyed, or other- wise disposed of, as said Fur Seal Board may direct." It nuist not escape ol)ser\alion that the area of water outside the o-inile line on the co.ist of Scotland, whose control is assumed by Great Britain, is as large as would he found inside a linedi iwn from Cape Cod to Portland Harbour, ou the A'cw England coast. Lord Salisbury reasserts his contention that the words " Pacilic Ocean " at the tim(> of the Treaty botAveon llussia and Groat Britain did include Behring's Sea. IJndouhtodly the i'aeilie Ocean includes Behring's Sea in the Fame sense that the Atlantic Ocean includes the Gulf of Mexico, an(l yet it wouhl be regarded as a very inaccurate statement to say that the Mississippi lliver ilows into the Atlantic Ocean. ] think Lord S.'ilisbury fails to recognize the common distinction between the •• Athmtie Ocean " and ''* th(> waters of tlie Atlantic." While the Mexi J3ehrin»»'s Sea are concerned. To discuss this point further wouhl, in the opinion of the President, contribute nothing of value to tlie general contention. In the opinion of the President Lord Salisl)ury is wholly and strangely in error in making the following statement : " Nor do they [the advisers of the President] rely as a justilication for tiic seizure of British sliips in the open sea upon the contention tliat the interests of the seal lishories give to the United States' Government any right for that purpose wliich, according to international law, it would not otherwise possess." The Government of the United States has steadily held just the reverse of the jiosition Lord Salisbury has imputed to it. It holds that the ownership of the islands upon which the seals breed, that the habit of the seals in regularly resorting tliither and rearing there young thereon, that their going out from the islands in searcli of food and regularly returning thereto, and all the facts and incidents of their relation to the islands, give to the United States a property interest thorein; that this property interest was claimed and exercised by Russia during the whole period of its sovereignty over the land and waters of Alaska; that England recognized this ])roperty interest 80 far as recognition is implied by abstaining from all interference with it during the whole period of Russia's ownership of Alaska, and during the first nineteen years of the sovereignty of the United States. It is yet to be determined whether the lawless intrusion of Canadian vessels in 1886 and subsequent years has changed the law and equity of the case theretofore prevailing. I have, &c. (Signed) J. G. BLAINE. Inolosnre 2 in No. 1. Sketch of North-Easlern Section of Scotland Inclosure 3 in No. 1. Original Six Questions suggested hy Mr. Blaine in his Note of December 17, 1890. Questions as altered and now proposed by Mr, Blaine. 1. What exclusive jurisdiction in the sea now known as the Behring's Sea, and what exclusive rights in the seal iisheries therein, did Russia assert and exercise; prior and up to the time of the cession of Alaska to the United States ? 2. How far were these claims of juris- diction as to the seal fisheries recognized and concedcnl by Great Britain ? 3. "\\'as the body of water now known as the Behring's Sea included in the phrase " Pacific Ocean," as used in the Treaty of 1825 between Great Britain and Russia ; and what rights (if any) in the Behring's Sea were given or conceded to Great Britain by the said Treaty ? i. Did not all the rights of Russia as to jurisdiction, and as to tiic seal fisheries in Behring's Sea east of the Mater boundary, in the Treaty l)etween the United States and Russia of the 30tii March, 1867, ])ass unimpaired to the United States under that Treaty ? 5. What are now the rights of the United States as to the fur-seal fisheries 1. The same. 3. The same. 3. Was the body of water now known as the Behring's Sea inelud(!d in the phrase " Pacific Ocean," as vised in the Treaty of 1825 between threat Britain and Russia; and what riirlits (if any) in the Behring's Sea were held and exrlusiveUj exercised by Russia after siiid Treaty ? 4. The same. 5. lias the United States any right, and. if so, what right, of protection or property in Slnithy ^ 58 -J NORTH EASTERN SECTION 1'nsri.AMj himii Ihuuul IL .^"T .Stfii/Mlf^ [y^^^^\^i^\ CAN3BY I ■^ UTCK Extract from CHAPTER 23. All Act to anicnj tbo Hciriiig Fioliery (Scotliiml) Actfl ; ami for other purpoucs relating ther«to. [26th July, 188!).] 7.— -(1.) Ttif Kislicry HnnnI miiy. Iiv liyiUv ilireot tliiU the im'tlimls of li.sliiii^ known as !■ iiMii otter liiiwliny; dliiill nut l>o u.'^eil wiliiiii from Diiiu'nnBliy Head, !ri CuilliiiesN, to Hall AlMTileeie-liire, in any area or areas to bo ction of this Act mentioned. Originnl Sir Qufslion.o, Str. QuMfion,? ait nUtred, !fc. in tho waters ol' tlic ItclirinsV Sea oiitsidi' lit' till! ordinary tt'rritorial linn's, wliotticr such riijlits i^row out (if the (cession liy liussiaot' anysjH'cial riijlits or jurisdiction liclil l)y licr in such iishorics or in the waters of ]!chrin;;'s Soa, or ou*. of the nwncrsliip of the hn'cdiiii,' isiaf..is and the hahitsof the seals in resorlin'^' Ihiflier and rea ri II u; their youn;; thereon am' ^roinu' out from tlu; islands for food, or fut of any (itlier f:ict or incident eoiuieetel with the relation of those seal fisheries to i!ie terri- torial possessions of the I'uited Stale-; •• 0, If the doterniination of the forei;oin_' questions shall leav.' tiu' >ulijeet in sueli a position that tlie coneurrenee of (ireat Britain is necessary in ]irc scriliini; Ue^'u- lations for tlie killini; of the fur-seal in any part of the waters of Behrini,''s .Sea, then it shall be further determined: (1) JIow far, if at all, outside the ordinary terri- torial limits, it is necessary that the United States should exercise an exclusive juris- diction in order to protect the s(!al for tho time living upon the islands of the United States and fecdinir tiierefrom? (2) Whether a closed season (duriui,' which the killin;^ of seals in the waters of Behrinjj's Sea outside the ordinary terri- torial limits shall he prohihited) is necessary to save the seal-lishing industry, so valu- able and important to mankind, from deterioration or destruction r And, if so, (3) AVhat months or jiarts of nionths should be included in such seasjn, and over what waters it should extend ? tlir fur-seals frmuenting the iiit(tn(h nf ilic United States liehring's Sen when surli urah are found outside the orilinan/ H-milr limit ? 0. Tho same. (For Additional Article ;is to d'lmai^e.s, see Mr, Blaine's note.) .No. 2. Mr. C. Hawkins to the Mavquis of Salisbury. — (Received May 1.) My Lord, Tiie Glen, Avenue Road, Anerley, April 29, 1891. IN consequence of ihe negotiations being carried on between the United States' Government and our own to hriug about a satisfactory settlement of tho Behring's Sea S(?al Fishery question, I beg to olfor you the following facts, trusting they may be useful to you as emanating from one with a practical knowledge extending over a period of eighteen years. I also inclose herewith a cutting from the " Daily Chronicle " of the above date, winch indiu'L's ine to take tliis liberty, supposing the statement therein detailed to be correct. Since about the year ISS.j wo have received in this country large numbers of seal- skins known in the trade as north-"cst coast skins, the same having been taken in the open sea, and, from apjienrances that are unmistakable to the initiated, are exclusively the skins ot female seals pregnant ; these are all shot, and I have been informed that for evLf liriiis, if niiplii'd t(», or any (>llii'i>, willi suHicioiit iiitelli^jiMicc, who hiivo to deiil witii the skins in tlio suited state: — .Messrs. ('. M. Liinipson iind t'o., f^neen tsireet, City; Messrs. C. \V. .Martin and 8ons, 4, Lunibeth liill, City; .Mr. (J. Kiee, Gnul PrcHCott Street, Wiiiteeliapel. I bi'i^, &c. (SisfncU) C. HAWKINS, Indosurn in No. 2, hhl, ltd from tin- " Dnilij Clirntiiric" of April 20, 18!)1. Tin; BKiiiM\fi's .Ska I'lsnEniKs. (From our Correspondent.) New Yiirlr, Tufsdnij, KOW that the "Sayward" cas»> is ])()sti);)nod till Octolior, much inlcrcsl uttaches to the f|Uostii)ii as to the s(cps that will he (akeii m\\\ ri'i;inii li> the eoiuiiiic ^mliiiiv si-asoii. The " llciald" says thiil from pre'^ent iiidicalioii;!. the seaiinj; industry will he free to nil. In tlie summer tiic revenue steauiers uill proceed to the Mehrinji's Sea, liut with private orders to molest no vessel sealing; beyond .'i miles from the shore. .Mr. Ulaiue and Sir Julian i'auncefote have for a week past ht'eii in nen;()tialion in respect of n iiindns Vivendi for the season, l)ul they have not yet arrived at any conclusion. I'rol'esfor Klliotl, the (lovernmcnt experl, wishes for a suspension of marine sealin;; fir one or two years, as sniriieslcd hy Lord Salishtny, hut the Treasury lias not i,'i\en its assent to this proposal. 'fhe Treasury otficinla state that the Oovernnicnt lost ".".'i.OOO dollars in the revenue from the islands last year, hy reducing the cntch from 100, ()()() to iiO, ()()() senls hy way of ])recautiou. There was, in addition, a loss of ST-''. 000 dollars thrDiiLtli the timidity of the 'iVeasury iVgeiit at the islamls in sloppinj; tlu' killing: of seals when only l'1.000 skins had been taken. The lessees of the island- had expected to recoup themselves this year for last year's losses, and they are alarmed at the prospect of suspension this year. According to the present outlook, the total catch for the year will he little short of •100,000 seals. The " Roston Herald " says that the Honourable S. B. Elkins. who was Air. IJlaiue's Mamiger in the Convention oi' 1S8S. und the nmninator of President Harrison, has, through his intluence, stopped fhe Bcliring's Sea negotiations, which were about to terminate successfully. Mr. I'dkins is hirgcdy interested in the Sealing Coin])any, ami when he heard that Creat Britjiin had verbally iiromised to join the United States to put a stop to the killing of seals for one year, he jiroceeded to Washington and induced Vir. Blaine to ])ostpone the Agri'ement to the autumn, so that hi'-- Company could secure the (')0,0(iO seals alloweliv(' jdint iiKjuiry siiouid l)i' iiiiidt' iiild llic uliolc ijiicMliori, liii: ifniills nl' wliitili siuiiiid. ijo laid bctoi'i' tlie jVi'liitrat'irs Id enable tlieni to arrive at a Hoinid deciniou, [ am, &c. (Si;,n)ed) JOHN UUAMSTON'. No. 4. Colonial Office to Foreujn OJ/ice, — {Received Miii/ 29.) Sir, JJouwiiir/ Street, if b.^ laiii lKf'or<' liic Miir(|iiis of Salisbury, paraiilirase of a lcle;;iani tVoin tlie Goveiiior-Geiicral of Canada, statin;;- lliiit tiie ('aiiHdiiin ( Jovcninient uc(iuie,see in the propo.sed wiilitu rlremli in Bebriiij^'s iSea sulfjeet to eertaiii eoiuiitions. I am, «ie. (Si,c;neil) HDWAIil) WINOFfKLD. fnclosure in Ko. 4. Lord BtanJey of Piegton to Lord Kimtsford. (Telcuggestioii to the proposals referred to were made for a close season next year. No. ">. The Marqiiifi of Sfdislntrij to Sir R. Morier. (Telegrai)liie.'; I'Driifjn Office, June ^, ISfll. ASK the Ihissian (iovernnient whether they would be disposed to join in an Ai;reeineiit wliii'h has been proposed by the United States' (iovernnient and accepted by Ib'r iMajesty's Govermnent I'or a suspension until May 1S1)2 of seal lunitin;!,- in the inlands and waters of Heliriiig's Sen. It is believed that an engagement will i)e enteied into by both I'owers to do their licst to prevent their respective subjects and citizens from taking part in seal hunting, with the exception of a catch of T.oOO seals destined for (he support of the Aleuts in the service of the North American ( 'ommercinl Company. 'I'he Agreement cannot, of course, be signed unless Hu.ssiii is prepared to adhere to it. No. 6. The Marquii of Salinbury to iSir J. Pcuncefote. (Teles;raphic.) Foreiyn Office, June 2, ISOl. I HAVE lO instruct you to make tlie foUowinf; ]iro])osaIs ii the United States' Government with reE^nrd to a. modus viremli in 15el>riiii;'s !^ea : — t. The two Governments to prohibit, u]) to May 18!)2, the Itiihii;; of seals in Uehrinjr's Sea or any of the islands thereof, and to insure, to the best of their u'ulity, tliat this prohibition slinll not be infringed by their subjects, or bv vessels flying tbeir rci'iectivi.' (lags. 2. During the time named the United States shall have tlie right to kill 7,50u seals. fi. An exequatur will be granted by the United States' Government to any Consul who may at any time be appointed by Her Majesty's Government to the islands i Behring's Sea. 4. The above Convention shall not come into operation unless the assent of Russia is given to it. No. 7. Sir J. Pauncefote to the Marquis of Salisbury. — {Received June 2.) (Telegraphic.) Wnxhinr/ton, Junr 2, 1S91. 1 HAVE received your telegram of to-day. I will lose no time in acting on your Lordship's instructions. With reference to clause 1. T bcL' to observe that tlie j)rohilii- lion extends to the whole of Hehring's Sea, and I api*reliend oliiection on the groiiml that the United States' Government is not empowered by Act of Congress to prohibit sealing beyond that part of it which, they contend, is, by virtue of tlieir Treaty with Russia, " within the dominion of the United States." No. 8. The Marquin of Salisbury to Sir J, Pauncefote. (Telegraphic.) Fureirjn Office, Juno 2, 1891. WITH reference to your despatch of the l-'Jth April last, I have to re(|uest you to inform the Government of the United States tiiat Her Majesty's Govermnetit arc prepared to assent to the first five jioints which ^Mr. Hlainc >)ro))oses should bo submitted to arbitration in bis note of the 14th April. Her Majesty's Government are unai)le to assent to the sixth point. 'J'hey propose as an alternative tliu appointment of a Commission consisting of four expert-s, of wiiich two should be nomiiiatod by (Jreat Britain, and two l)y the United States, and of a t'iiairman nominated by the Arbiters. This Coniniissioii to examine and report on the following (juestion: — What international arrangements, if any, between Great Bil*aiii, the United States, and Russia, or any other Power, are necessary for tlie purpose of preserving the fur-seal race in Bebring's Sea from exli'riniiiation r With regard to the (luestio'i of citnipensation. Her .Majesty's Government propose the following Article : — "If it sliall bo sliowii to the .>biiralois tiiat seal-biintcvs, subjects of either Power. have been (laninilled in tlie nursuit of that industry by the action of tiie other Power, ;i shall be (•()ini)etent for the .\rl>itr.itor.-i to award such compensation to the said subjects as in their judgment shall seem eiiuitabie." No. ..'. The Marquis of Salisbury to M. de Staal. M. I'Ambasaadeur, Foreiijn Offirr. June 2, 1891. I IIAVI'] the lionrur tc inform your Excellency that Her .Nlajesty's Goveriinu" f jjftve agreud to a propotftl wade to tbem b/ tbo Government of the Unitod Btfttes tbt 2, 1891. ted States' if seals in nhilitj, tliat r retpective ) kill 7,50u any Cnnsul islands i of Russia i? ■ 2, 1891. in:^ on your he prohilii- tlie i;roini(l to proliibit Treaty with »2, 1891. recjuest you nnnient arc submitted ting of four the United nitcJ States, the uir-seiil lent pioposi' ithor Power, ler L'ower, it iaid subjects If 2, 1801. Governtne' t i StdteB ttiiu seal hunting should be suspended in the islands and waters- of Ikhriiiji's ^^ea until May 1892. AVe believe that an enniij;enient wii! be entered iiito by both Powers to do tlieir best to ])revent their subjoets and eitizens from takin;;- part in tiie seal hnntina', exeeption only beintj made (or a pateh of 7,-')O0 destined for tbe siibsislenee of the natives in llie service of the Alaska (.'onipaiiy. A proposal has been made to tl:e United States' Government to that elleer. Tliis Arrangement cannot be ])ut ;i! force without the adherence of the Russian (lovernment. and the .Agreement will not be signed until this lias been obtained. Her Majesty's Ambassador at St. Petersbiugb has been instructed by telegraph to make a connnunication in the above sense to ]\I. de Oiers, aiul to express our earnest hope that the Russian (Jovernment will consent to a measure winch appears to be necessary in order to prevent tlie early extermination of the fur-seal. I have, &c. (Signed) SALISRURY. No. 10. Sir I. I'aiincefoce to the Murijuis nf Salisbury. — {Received June 3.) (Telegraphic.) Washington, June P,. I :^'.n. 1 HAA']'] to-day ci.'nmnnicated to the Acting Secretary of State, in the forni of Memoranda, tlie sidjstance of your liordship's telegrams of yesterday's dale, relative to Heliring's Sea, which I received last ni"lit. l\o, 11. Tlif Mcinjuix nf Sdlisi'iri/ to Sir ]i. ^[(llpt. Sir, Forciyn Office, Jiinr 3, 18ni. HER Zvl'.\jc-sty's (iovernnunit have agreed to a pro[)osal made by tlie United States' (iov<^rument for tiie suspension i'or one year ot .^^eal hunting in the islands and waters of Hehri'ig's Sea; and have expresse in the sense of your Lordship's telegram of the 2nd instanl. I am iiii'ormed that liis i''i\cellency has not yet ki.aid from the I'liited States' (iovernnieiil on the sulijeet. [672J C 1& j^o. 13. , Sir L Piiiincefotf to (he Mnrqu'is of Bdlhhury. — {Received June 4.) (Telcs;i'a])liic.) Wasliiiujlon, Jmif ^, ISCl. Wi'l'IT rcCoroncc to your Lor(lslii])'s fclosram of llio 2ii(l instant, contuiniuf!^ the draft of ;i morlun rirrndi ill IJoliriiig's Son, I liave tiie honour to inform you tliat [ iiavu to-day roct'ivod a roiily lo your Lordship's proposal from the Acting Secretary of State, wbiijji is to the folio\vin<^ effect : — [See text of Jlr. AVharton's uot(! of the 4t!i June in Sir Julian rauucefotc's despiitcli ol the 5tli June, iS'.il : inclosure in No. 40, inf'nt.j Xo. IK The Marquis of Salisburii to Sir R. Morier. Foreirjn Of/icr, J. 18!!'. (Telc.nTai)liic.) 1 H.W'l'] received your tclej^raui of ycslorday. AVe should be ti'lad if M. de Giers would inform us of his views v.itli rcijard to tlu' proposed Anieenient for the preserv;ition of the sculs in T{L'iirini,'''s Sea without wailirv.' to receive a coninninication from the Govcranient of the United States on tlie snhjeci. No. 15. The Marquis of Salishur;/ to Sir J. Pauncefote. (Telcsraphic.) Voreiijn Officn, June ■'>, I'^Ol, irioi; Majesty's Government have had under their consideration tiie counter- proposals of the President of the United States for a modus virendi in l>ehrin;f's Sea, a- rej)orte(l in your teleijram of the 4th instant. They a^ree to acce])t the proposal, tliat ollicers of either Govcrninoiit may seize and hand over to their national jurisdiction otiendini;' vessels under either flaj>;. We tlnis '^ive jjower to cruizcrs helonninij to the United States to supcrvisi- tlio conduct of Ennlisinnen in kee]iins' the inmln:< rivmdi at sea. On tiie other iiand. wc ouijht to receive correspondinj:;; power from the United States of supervisiufj tlic pvd- cc('dim;s (if Americans ou the islands res()rlcd to by the seals. The e'piality of the pniposeil .Vni'cenuMit is dependent on the li:h'lily with which the Americans observe the condition, that not more than 7,yOO seals sliall he killed. In the opinion of J for .Maje~ly's Government, it is indispensable that the riiriit should be reserved to them of satisfying themselves that this condition is fully observed. If liie United States' Govornmeui object to the np])ointment of a permanent British Consul on llie islands, they can, mider their Statute, sjiecially autiiorize thc> presence there diirin;,' the present lisiiinu: season of u Ilritish ai^enl, Her l\Iajestv's Government will not insi'^i. tb.'il Russia shall be aiiarlytolhe pro])o-'ii modus firi'iidi. lint I earnestly press upon ilie (iiilcd Slates' Government the exi,eiis)')ii of the prohildtion to Amerirnu ships over liie vvhoh,' of ISebrinv^'s Sea; in that c•^^^' Her Majesty's Government will similarly extend tiic ])rohibition to British ships. If it is lawful that seals may he hunted on one side of an inuif;;inary lino in the open ocean while it is uidawlhl on the other side, it will, in many cases, be impossible to prove the fact of unlawful sealinir, or to infer from the |)ossession of skins or l.ickle that it his taken i)lace. It is, in the opinion of Ifer Majesty's G'overnmenl. of j^reat importance that .in Aj!;reement .slunild b(> nrrived at :\h to the levins of liie arbitration iit the same time th'ii the viodus rii-riidi is arranjjed. We should be unable to repeat the susjicnsion of seal- fishing operotioiis for another year. ) coiitiiiiiiiifr in you tli;if I Seci'ctarv of dcspatcli 11 No. IG. iS'/r J. rmtnccfntc In ilir }fnrriuis of Salisburij. — (Recelrpd June 0.) (Tcli'Erraiiliic.) WaMngion, June 0, 1891. THIS morning I dolivorcd lo tlie Actinj^ Secretary of State a Mcmoraiwlum fom- iiainicatiiin llio coiitcnl.s ol' your Lordsliip's telenram of yesterday, and f liavi; just rtci'ivcd a reply lo the followiu;;' effect: — ! See text of Wr. Wlmrtou's note of the |)()nse to till' jiroposa! contained in Mr. Blaine's note of the 4th instant for a modus lirnidi during the coming sealim;' seasc/ii in Pehring'.s Sea. Mr. Adee, as your Lordship will perceive, informs me of the departure of the I'nited States' revenue-steamer " lliush " for the sealing islands and of the approaching sailing of the " Corwin " for the same destination. 1 have also the honour to inclose copy of the reply which I have returned to Mr, Adee's comnuinication. 1 have, &c. (Signed) JULIAJS PAUNCEFOTE. Inclosure 1 in No, 17. Mr. Adee to Sir ./. Pauncefotr. ^w, Di'partmenI nf SIntf, Wfiyninytnn, Muy 1*0, 1891. IN my personal note of the 2()lh instant, and on several other occasions in oral i()niininiicntion, J hiive had the hdnniir to express the desire of the President to be informed, at the earliest possible moment, of the res))onse of Her Majesty's Government ti> the pro])osa!, wliicli formed the subject of Mr. Plaiue's note lo yon of the Uh instant, thit seal-tiiking on llie islands and in llic waters of HeJirinu's Sea he limited, as in said note oxi):esse(l, as to ciii/ens of the United States and .subjects of (Jreat Britain, pending lie arbitiatinn ol' certain ijuestions in controversy between the two Governments. . In several interviews with yon --ince the L'Oth instant, the desire of the I'resideut for all early respon-e to the note cif the Itli May has been reallirnied. 'I'he situation evidently calls for promjtt action. Each day's delay increases the I \isting dill'erence in thi> ability of the respective (iovernnienls lo make the proposed limitation of seal-taking eliective. It i.s rejtorted that a large Ueet of Canadian sealers lias been for some weeks or months on the seas. They are daily going further out of ivaeh. The revenue-crui/.ers have awiited definite orders. Their ])resencc is urgently ii ((led in the Hehring's Sea. Any further delay tends to defeat the very purpose for "Inch the Agreement is sought. It is (juite incompatible with fairness and justice lo onr citizens that this should be permitted to continue. Ain])le ojiporlumty has been all'orded lo Her Majesty's Oov(>riimcnt to bring this condition to a close by an eliective Agreement; but the result is still uneerlain, and to nil appearances remote. The President would be glad to know that it !•> near at hand ami certain; liut he can no longer hold buck, in furtherance of a vague hope, to the tletrimeiit of the legitimate interests of the (Sovernnient and citizens of the United States. I am. therefore, directed by ihe President to infoim yen that orders ha\e iieen uiven to the revenne-steiimer " IxU'.h " lo jiidceed to the soalinu' islaiiils. AnotlK'r revenue-steamer, the " Corwin," is at San I'Vaneisco, nearly ready to sail, and will very shortly jiut to sea. Should an Agreement be reached before her deiiarliire, aiipropriale orders may Ml be sent by her to the i.slauds. I mention this, in order that [572] C 2 12 you may comprehend how fully this Government desires to effect an arrangement for this season, anil that yoii may realize how each day's delay lessens the ahility of Her Majesty's Government to effect ivi'ly co-operate witii rc^jard to l^riiish subjects, and tends to destroy the practical utility of an Agreement to limit the seal catch. I have, &c, (Signed) ALVEV A. ADEE, Acting Secretari/. Inclosure 2 in No. 1,7. F!!r J. Pntinrrfnlf to .1/r, Adee. Sir, WaMngton, Mmj 27, 1891. [ HAVE the honour to acknowiedi^e the receipt of your note of yesterday's date, and to inlbrn; you that I have communicated the suhstance of its contents to the •Marquis of Salishury hj' tolen-i.am. 1 feel assured that his Lordship will greatly regret any inconvenience which may lie caused to your Government by the impracticability of returning an immediate reply to the proposal contained in Mr. Blaine's note to me of the 4th instant. Loril Salisbury, as I had the honour to state to you verbally, is using Ihe utmost expedition, but the lateness of the proposal and the I'onditions attached to it have given rise to grave difliculties, us to uhicii his Lordship has necessarily been in communication with the f^anadian Government. His reply, however, may now arrive at any moment. I have, lS:c. (Signed) JULLVN PAUNCEFOTE. No. ]ft. Colonial Office to Foreign Office.— (Received June 8.) Sir, _ Downing Slrorf, June 8, 1891. I AM directed hy Lord Kniitsford to transmit to you, to be laid before the Manpiis of Salisbury, a copy of a letter from the Acting High Commissioner for Canada, forwanlini,^ copy of a telegiani from the British Columbian Board of Trade, protestini,' against the proposed jirohibitioii of sealing in Hehring's Sea tbis season. Lord Knutsford proposes, with Lord Salisbury's eoiiciirrence, to inform the Actinsr High Connnissioiier, in reply, that, as tlie total cessation of .sealing in Behriiig's Sea "ill greatly eidiance the price of the produce of the coast tisbery, Her .Majesty's (Sovcrnmeiit do not anticipate that British se,iler:< will sailer to any great extent by exclusion fVniii Bchring's Sea; but that they will be prepared to consider any case in which it is cicurlv cstablislied that loss has been suffered iiy a British subject through the enforcement of the prohibition. I am, &c. (Signed) K. H. MEADE. Inciosure in No. IS. Mr. Cnlmrr to Colonial Of/ice. Virtnrid Cliiinilirr.i, 17, Virlarin ^^Irprt, London. Sir, .lune:\, \S'.n. I .\M directed hy the High Commissioner to {piole, for the information of lb Majesty's Government, the foHowing telegram wbien lias been received troiu Mr. Uobii Ward, tlie President of the British (!oluiiibia Moard of Trade : — " Ihitisli Cohnnbia Board of Trade res|)ecl fully iisUs you ])rotest istrongest potwibi manner aiiainst pro|»oscd legislation iirohibif ing Britisb s"nlerfj Bebrin2''s Sea tins seas"' Sealing Ib'el e<|uipped and cleared niontlis since at be, ivy outlay. Kesult pereiiipin: proliil)ition serioim injustice and ruin to many engng'd in industry liere." 1 am, See. (Signed^ J. G. COLMEK IS No. 19. fiir J>. }ilnrier to tlip Marquis of Salisbury. — (licceiver/ June S.l (Telcj;rai)l)ic.) St. Petershurgh, June 8, 1S91. I HAD a lonji; conversation yesterday with M. do Giers at liis country jjlacc in Finland, relative to the jjroposed Agreement between the Governments ot' Great Britain and the United States for the ])rotection of seal - liuntin;;; in the islands and waters of the l^ehrins:'s Sea. His ICxeelleney's views with repaid to the ])roposal are entirely in accord with those of Her Majesty's Government, hut it appears that the question is not treated of hy him, hut Ity the Minister of Domains, who has just terminated negotiations for a contract with an influential Husso-American Seal Company. His Excellency iid'ormed me that he would do his utmost to persuade his cnlleajfue to agree to the projjosal, and lie expressed the hope that he would he able to give me a final answer during the coming week. Xo. 20. The Marquis of Salisbury to Sir J. Pauncefofe. (Telosrapliic.) Foreign Office, Junt 8, 1891. HKIJ .\ra.jesty's Government have had under consideration (he counter-proposals of the President of the I'nited States for a ;/iw/h.v r/ce;K// during the jjresent seal-fishing season in Hehring's Sea, as reported in your telegram of the (Uii instant. I have to inform you that they are prepared to assi nl to a draft .Agreement drawn up in the terms which you will receive in my further telegram of to-day. No. 21. The Marquis of Salisbury to Sir J. Pauncefote. (Telegraphic.) Foreign Office, June 8. 1891. THE followinir Articles of .Agreement contain the terms to which Her .Majesty's Government are prepared to assent for the eNtahlishnient of a modus vireiuli in Behring's Sea. You are authorized to submit them for iho consideration of the (iovernment of the United States;— " For tile purpose of nvoiding irrit;iling ditterences, and \vith a view to promote friendly x'ttlement ol the (|Ue'<(iotis lu'iiding between the two Governments touching their respective rights in 1?ehring's Sea, and tor preservation of seal species, the following Agreement is made without jirejudice to the riglits or claims of either party :- - " 1. Her Ma-jesty's fiovernmcnt will prohibit until M.ay next seal-killing in that part of Behring's .Sea lying casiwjud of (he line of demarcation dcscril)ed in Article I of the Treaty of li-ii? between tiie i'liited StatoN and l{ussia, and viill ])rompfly use best eH'orts to injure oiiservance of pr(iliil)ition by Britisii sui)jects and vessels. '■ 2. If the United States' (Joveri.im'iii rtill prohiliil seal-killin/^- tor the same period in the same part ol Beiiring's Sea, and on the shores and islands thereof the properly ot the United Slates tin excess of T,-'"'* to be taken on t!ie islaiuls as food skins and not for tax and shipment i. and will promptly use best efforts to itisure observance of prohibi- tion by United State--' cili/.ens and vessels. "3. Kvery oflondins;' vessel or person may be seized and detained hy the naval or other duly commissioned otlieers of either of tlie Tligh Contracting Parlies, but they shall be handed over as soon as practicable to the authorities of the nation to >Aiiich thev resjieotiveiy lieloiig, who sliall alone have Jiirisdiclion to try the -frenie and impose the penalties for the same. 'I'll..- witnesses arid the jiroofs necessary to establish the olfence shall also be sent with them. "4. In order to fa.'ilitate such (irojier iniiuiries as Her Majesty's Government may desire to make, with the view to the presentation of the Case of that Government before Arbitrators, and in expectation that an agreettieni for arbitration may be arrived nt, it is agreed that suitr.ble persons, ilesignated by Great Britain, will be permitted «i anv time, upon ap[)lieatioii, to visit, or to remain upon, the seal islands during the present sealing season for thai purpose. 14 " 5. A Commission of four experts, two nominated by eaeh fl-ovcrnment, and a Cliainnun noininntod liy Itio Arljitnilors if !ii)])(iinted, and if not by tlic (iforesiiid Coiuniis- KJoners, sliall oxiiniinc :uid report on the folldwinLT (|iieslion : — " Wliat international arriini;enu'nl«. if any, I)etwepn (Jreat 15rit:iin, United States, and Russia, or any oilier Power, arc noeessary for the purpose of iireservin;;' the fur-seal raee in t!ie Northern Pacilie froiM extermination ? " fi. The (iovernment of the Fnited States will join with that of Her Majesty in reciucstinp; Kussiii to forbid lier subjects from sealing; to the east of the line indicated in Article 1 of tic present Agreement until the 1st Jlay, IC!)?." No. 22, Sir J. Pauncefote to the Marqui-: of Salisburij. — (Received June 8.) (Telegraidiic.') ll'iishiiujton, June ^, ISOl. i HAVE to-day delivered a note to the Acting Secretary of State communicating; to him, with the request that he will submit it to his Government for their consideration, the draft AgTeenient for a viodiis vimuli C(>ntained in your Lordship's teleii^ram of to-day. No. 23. /8'iV J. Pauncefole to the Murijui,^ of tialisbuni. — {Recciven June !).) (Tele2;ra),in"c.) U'ashiiiglnn, June 9, 1S91. 'rili", draft, of a note in answer to the proposals for a mor/i/.v i-irendi contained in your Lordship's teleifram of yesterday, wliich will be addressed to me to-morrow, has just been shown to me. The words in j\rticle 2 "as food skins, and not for tax and shipment," arc objected to 1)y the J'resident. on the grounds that sucii a iirovisiou would preclude the export and sale of the .skins for ttie purpose described in -Mr. Blaine's note of the 4th May, i.e., to cover the cost of clothing, food, and fuel for the native inhabitants of the islands. The President insists on the limitation of the power of seizure provided for in Article 3 to the waters "outside the ordinary territorial limits." On this point 1 beg to retcr your Lordslii)i to my tclc'gram of the titli instant. He oldects to the jirovision in Article 5 for the appointment of a .loiul Commission as ha\ing no proper place in the modus rivendi, liut he will give the suggestion " a full consideration in connection with the ne;;i)tiatioii for arbitration.' Aiticie (j, as to a joint note to liussia. is objoctod to on Uic ground that, westward of the line of demarcation, the United Slate^' (iovernment has no jiower to agree to reciprocal action if liu.>isia shouhl make it a cimdition of adhesion. The note concludes by stating that the President is jirepared to sign at once the first four Articles propo.sed by your Lordship, with the omission in Article 2 and the additional clause in Article ■) specified above, if the Agreement can bo imincdiately ])iit into force. I fear that lack of time will ])rovent us carryinL' tin- iieuoiiation further, but I will use my best elforts to induce the L'liited Slates' (ioverumenl to agree po.sitively, as one of the terms of arbitration, to a provision for a .loint C'lnninission. No. 24. 7%e Marquis of Salisburij to Sir R. Morier. (Telegraphic.) Foreinn Office. .June 9, 1891. IN consequence of the existing statutory limitations to the powers of the United States" ]vxecntivc. Her Majesty's (Government jiropo.se that then' shall bo a close time in Behring's S(!a for this season ou land and sea only, to the east oilhe line ol 1807. They are only asking, theretore, that Hussian subjects shall be forbidden during tins y(!ar from sealiiitr to the east of that line by s. ,5,, as Ifussia has no land to tiie east, of it; and that we ,-,hall be ullooed to stop vessels -ailing under the lUissiaii Hag which are ao employed. But as the United States' Governinont maintain that they have a right >«fiJl» 15 to exrlii'.lt! all HJiips of wliatovef nation from that part of Behring's Sea, they can hardly join ill this rtHiuost without stiiltifyin;; tlionisolvts. A close lime to tiic oast of tiio lino in the result will also recruit the seal fishery to fhe west of it, and Russia, therefore, will find her interest in accedinj^ to our request. No. 25. The Mui'quis of Siilisbunj to Sir J. Paunci/ote. (Toie<.'rai)hic.', Forelm Office, Jimc 10, 1S91. ISlUltUMr'8 SEA )?iOf/«s virendi. I have received your toloRram of yesterday. W'e assent to the insertion in Article ^ of the words, " oatside ordinary tf>rritorial limitH," and also, thoujjh ri'luctanlly, to the omission from Article 2 of the words, '-'as food skins, and not for tax and :-liipnicnt." ^Ve cannot, however, consent to leave the .Toint Commission in doubt. It may be recorded in (he form of a se])arate note ; but if the United States will not airree in piiiiciplo that in(|uiry shi^ll be made by a Joint C'ommission as to what permanent measures, if any, are necessary for tlie preservation of the seal .species, it is useless for us to involve our people iu the inconvenience and cost which a close time for this year woidd entail. The iiioilus ricencti is rendered much less valuable by the reply of the President with regard to Russia. No. 2i]. JSiV J. Pnuncpfote to the Marquis nf Salishmj, -^{Received June 10.) (Tele<;rai>hic.) Washington, June 10, 1891. WITH reference to my tclorfram of last niffht, relative to Ikdirinc^'s Sea. I have (ho honour to infm-m your Lordship that I called this mornin;;- on Mr. Wharton, the .\clin?;- Secretary of State. ! cNplained t'lat the words, "food skins, and not for tax antl sliipment." had been inserted iu Article -' for tiic jjurjiose, not of preventini;' tne sale of the "."'Of* seal-skins, but of ]irohibitin;,' the j)rocess which has been described by the United States' asents as the el ii-f cause of the depletion of male .seal life, namely, the driving and re-driviny; for selection. I was informed that the President still objects to (he words, but that he would ])robably .'lirrcc to the substitution of the phrase, "to cover the cost of food, fuel, dothiti;;;;, and other necessaries for the natives," wliich I su^sested in order that (he humanitarian object of the reservation miii^lr, appear on the face of the do;'nment. I presume that your T;ord>.liip will not object (o the substitution of this phrase, or to fhe insertion in Arficle ■'< of the words, '" outside the ordinary ferritoria'. limi(s." Slioidil your Lordship have no (d)jec(ion to these alterations, 1 venture to nrce strongly that 1 may he at once aiithori/.ed to sijjn the .Vifreement for a inoduf: rivemli, (o consist of the preamble and the (irst four Articles, as contained in your Lordship's telegram of (he Stb instant, with the altcratiors _!»iveii above, and the omission, which is agreed to by the Slate iJcpartment, of the last portion of Article 3, relating' to the ai)plication of tines imposed by the Coiu'ts, this not being jirovided for in the Behring's Sea Act just passed. Mr. Wharton assiu-es me that I lie settlement of the terms of arbitration will be greatly expedited by the immediate signalirc of the Agreement, and he expresses the opinion that a Joint Commission nuiy l)c rendered jjraeticable this year by our siffiiiu"' at once. Xo. 27. >^ir J. PauAcefotc to tlie Marquis of Salisbunj. — {Ucceired June 10.) Crclegraphic.) IVitnliim/loii, June 10, 1891. \VF'rn refeience to my telegrams of yesterday and to-(hi\ respectively, 1 have the honour to inform your Lordship that 1 received the ollieial note to-day the dnvft of vdiich was sliown me last night. It is idt;utical with the draft, except that in Article '2 the 16 words, "for the subsistence and care of the natives," have been inserted alter "in excess of 7,oOO seals to be taken on the islands." No. 28. iS'iV R. Morier to the Marquis of Sulinhury. — [lieccivnd June 10.) (Tek'!j;rnphic.) it of the 1S(;7 line, we are prepared to allow lUissia, under siniiln,;- ciroumstatices, to stop our oan shii)s. No. 29. The Marquis of Salisbury to iiir R. Morier. (Telegraphic.) Foreiijn Office, June 10, 1891. THE answer is " Yes " to the question asked in your telegram of to-day. No. 30. Foreign Office to Colonial Office. Sir, Foieiijn Office. Junr 10, 1801. I HAVE laid before the Marquis of Salisbury your letter of the Htii inst.^nt, inclosing a protest from the Board of Trade of ]5ritish Columbia against the proposed prohibition of scaling in Behring's Sea during the present season, I am to state, in reply, that Lord Salisbury concurs in the answer which Lord Knutsford proposes to return to this communication. I am, See. (Signed) i'. CUURIE. No. 31. The Marquis of Salisbury to Sir J. Puuncefote. (Telegraphic.) ForeiuU he would do everylhhig in his power to expedite the signature of the Convention for Arl)itration. 1 await your Lordship's further instructions as to the steps I should now take. No. 33. The Marquis of Salisbury to Sir J. Paunce/otc. Sir, Forei(jn Office, June 12, 1891. I JIAVE received your despatch of the 28th ultimo, inclosing copies of corre- s])ondeiice with the Acting Secretary of State respecting the proposed modus vivendi in Hebrinu's Sea. Your note to Mr. Adee of the 27th May is approved by Her Majesty's Government. I am, &e. (Signed) SALISBURY. No. 34. Colonial Office lo Foreign Office. — {Received June 13.) Sir, Doivning Street, June 13, 189], I A.M directed by Lord Knutsford to transmit to you, for the information of the Marquis of Salisbury, a copy of a telegram which has been sent to the Governor- (Jeneral of C'aniuhi, respecting the selection of two 15ritish experts on the Joint Coinnussion of incpiiiy int(i the seal fishery in Bebring's Sea. I am, &c. (Signed) JOHN BRAMSTON. Inclosure in No. 34. Lord Knutsford to Lord Stanley of Preston. Crelegrnphic.) l^ownimj Street, June 12, 1891. SHALL be glad to know views of your Ministers as to selection of two British experts I'ji'bring's Sea Arbitration. We tbiidv lladiMi-hiwcll, Member of Parliament, who has studied the question, would !)f valuable, and conclude he would he acceptable to Canada. The other should have s]iecial scientific o'clock, .at the State Department, in order to sign the Agreement. I have received a positive assurance at the Stale Dejiartment that the President will be prepared to proceed to discuss the terms of arbitration immediately after the signature of the Agreement. As this iii\)\y appears to me to be rnitisliietory, I propose to sign on ^loiiday ; but before doing so, 1 should be glad if your liordship would send lue your final authority by telegraph. No. 37. The Marquis of Snlislmry to Sir J. Pauncefote. (Telegraphic.) Forclnii Oljlce, June 11, ISOl. 15E1I UNO'S SEAwnclusvicendl. In rej'ly to your telegram of to-day, I have to inform you that you are authorized to sign the A rreement. No. 38. Sir J, Pauncefote to the Marquis of Salisbury. — (Received June 14.) (Telegraphic.) Washinqton, June 14, 1891. Til]"] Acting Secretary of State and I have just signed the Agreement for a modus vivendi in Behring's Sea. I am now awaiting an appointment to continue the discu.ssiou of the terms ol arbitration. The above has been repeated to Lord Stanley. Tin the Unit to the Hi HonouM II. in that n of four who shal on the 3 4^ h. iV ''■'^» <^ V 'o 6^ ^ A ^ \\ .. ) My Lord, WusliiiKjlnn, June 5, ISftl, WITH reference to my felcffrnm of the 4tli instnnt, I Jiavu tlu- honour tn inclose a copy of a note wliicli I received ycsteniiiy from (lie IFunonralyli- Willinin Wharton, the Actinp; Secretary of State, in reply to the (•oiiiit('r-i)roi)os!il-i of Her Majesty's Government for a modus lirendt in I5elu-in;;'s Sen, coniiniiiiiciitoil by mo to I he United States' Government in accordance with the instructions contained in your Lord- ship's telegram of the 2nd instant. I have, &c. (Signed) JULIAX PAUNCEFOTi: Inclosure in No. 40. Mr, Wharton to Sir J. Paunccfote. Sir. Department of State, fVasliinr/ton, June i, 19.^1. I AM directed by the President to say, in reply to your note of the '^r^\ inslaril, conveying to the (Jovernment of the United States the response of Her Majesty'', Government to the proposal of Mr. Blaine for a modus livrndi, relatini; to tlie s"iii iiBhcrics in Rehring's Sea dnring the present, season : — First. In place of the first and second suh-divisions of the Agreement as siil)niitti.'il by you, the President suggests the following; — 1. The Government of (ireat Britnin shall prohibit until May 1>*9'2 the killinif of seals in all that part of Behring's Sea lying east, eastwardlv or south-easlwardly of the line described in Article I of the Convention between the United States and Russia of date the 30th March. 11*07, and will i)roniptly take such stejis as are best calculated effectively to insure the observance of this prohibition by the subjects and citizens ol Great Britain and all vessels flying its flag. 2. The Government of the United States shall prohii)it, until May 18112, the killinj of seals in that part of Belirins's Sea above described, and on the shores and islands thereof, the jiroperty of tiic United States (in e.Ncess of 7,'"''>0 to be taken on the islands); and the Government of the I'nited States will ])r()m)itiy take such steps as are best calculated effectually to insure tlic observance of this jirohibition by the citizens of the United States and the vessels flying its flag. These changes arc suggested in order that the mndu.i rirfmli may clearly have the same territorial extent with ihe pending proposals for arbitration ; that the sti]inlation tor a prohibition of seal-killing upon the islands of the United States may rest ujjon its own ord^r, and that the obligation of the res])ective Governments to give i)rompt and vigorous effect to the Agreement may be more dearly apparent. Secondly. The pertinency of the suggestion contained in the third sub-division of Lord Salisbury's pro|)osftl is not apparent to the President. The Statutes of the Unilrd States explicitly prohibit the landing of any vessels at the seal inlands, and the residence thereon of any person, unlcbs specifically authorized by the Secretary of the 'i'reasnry. It is, therefore, obvious that no Consular functions could be discharged tipon the i-lands by any Bepresentative of Her Majesty's Government. Tiic President regards this Jiaw, as declaring an exception as to the residence of Consuls, within the meaning of Article IV of the Convention of Commerce and Navigation of the 22nd December, 1815, between Her Majesty's Government and the United States. If the proposal is intended to relate to the Islands of St. Paul and St. George, and has for its object access for such Ai;enls of the Government of Her Majesty as may be ajjpointed to investiy;ate facts that may be involved in the pending proposals for arbitration, or in the hearing before the Arbi- trators, I am directed by the President to say that, in the event of an agreement for arbitration of the questions in dispute between Great Britnin and the United States, bi^ would be willing' to extend reasonable facilities to Great Britain for the investigation ai the islands of any facts involved in the controversy. Thirdly. The fourth clause of the proposal of Her Majesty's Government, limilin- the taking effect of the modus vivendi upon the assent of Russia, presents what seems tn * SubiUooc laltgriphed and received JuLe 4. 21 the President nn insiiporalilo difTicuWy, as nn adhcrpiice to that suggcstioii hj Her Majestv's (iovoriiment will, in iiis o|)ini()n, prevont (lie com-Iiisioii of any A;.'recment, and will inovilnI>ly raiiso siicli a delay as to thwart the puriioscs whioii he niu-it suppose hoth Oovernnionts have liad in view. Ho is siiriirised that this rosidt did not siijrKc>.t itself to Lord Sa'ishury, and docs tiol dotdjt that it will ho iip])aront to him on a rc-examinatiou. I am also dircctod to remind you that the contention hetween the United States and Great Britain has hoen limited to that part of hehrin^j's Sea eastward of the line of deiufirkalion desorihed in oiu' Convention with IJiissia, to »hich reference Ijas already hcon made, and that JUissia has never asserted any riL^hts in tliese waters affecting the suhjcc'-mattcr of this contention, and cannot, therefore, he a necessary party to these ne;;o(iations, if they are not now improperly expanded. Tnder the Statutes of the United States, the President is authoiized to prohihit sealiiij^ in the IJehrinj^'s Sea within the limits deserihod in our Convention with Kussia, and to restrict the killini; of seals on the islands of the I'r-ited States; hut no authority is conferred upon him to prohibit or make ])enal the taking of seals in the waters uf Behring's Sea westward of the line referred to or upon any of the shores or islands thereof. It was never supposed by any one representing the (lovornment of the United States in this correspondence or by the President, that an agreement for a modus rlrciidi could he broader than the subject of contention slated in the corrcs])ondcnce of the re-pcctive (iovernments. Negotiations for an arbitration have been ])roceeding between the United States and Great Uritain, and if these P'wers are com])etent to settle by this friendly method their respective riUi,'gestions of your note of yesterday, the President directs me U* sav that he will be ])leascil to have from Lonl Salisbury a prompt response to these suggestions, I am furtlier directed by the President to say that your note of the same date referring to the conditions of the jirojiosed arbitration, and stating the objection of Lord Salisbury to some points in the jiropusal of Mr. Blaine, will have the early attention of the President. I have, iSic. (Signed) WILLI.VM V. WHARTON, Aitmj Secretary. No. 41. Sir R. Mnrifr In the Mnr() seals to be taken for the support oi' the Aleuts employed by the Alaska Company. Ijcu'd Salisbury adds that, of course, there can be no (picstion of this Agreement being signed indess Kussia is willing to become a party to the same, and I am accordingly instructed lo incpure of your I'^xcel- lency whether the Imperial Governmenl would be disposed to co-operate with the other two I'owtTB concerned in efl'ecting tiie proposed suspension. I avail, Sic. (I'or Sir R. Morier), (Signed) UEJS'RY HOWARD. Incloaurc 2 in No. 41. Sir R, Morier lo M. de Gicrx. M. Ic Ministro, St. PHcrsburtjli, Mnu 29 (Jiini; 10), 18«)1. WITH roioronco to my note of tlie 2■^I■(1 ]\Tay Tttli June), I have now tliu lionoiir lo iniorin yoii llial I liiivc rect.ncd in: (niclions I'roni tlic Marquis of Salisbury to jioinl out to your Hxci'lluney that, owinj? to the Conslilutional limits placed upon the powers r'xereised l)y liie Fxecutive tiovornment o{ the United States, the proposal of Her Majesty's Oovernment is limited to the eiirorceniunt of a close season on land and sea, cast of the lino (ixed hy the Treaty of l^'T. They -ire aeeordingly only anxious that Ihissia should prohibit her sulijecls from sealinjr this year to the eU'-t of that line in the ojK'n sea (seein^c "'-it there is no I'ussian land on the eastern side of this boundary), and slionld authorize us to stoji vessels under lur flaq; (.'uj^aj^ed in seal-huntin;; in those Haters. The American Government would appear to be precluded from associating themselves in tlrs rcipiest, :'S they contend that they have a rij^ht to exclude ships of every nationality from this portion of the JVdn-ing's Sea. It will clearly be to Russia's interest to ifrnnt this rcriiiest, as a close season to the cast of the I8G7 line will naturally benelit the fishing on its western side. I avail, &c. (Signed) IX. B. D. .MORIEK. No. 12. Sir E. Mulct lo (he M(trU'^])en- Mim of the lisliery, 1 have the lionour to inform your Lnrd-liij) timt liaron von .Marschall tiild nie to-ilay that his (iovcrnmeiit ilid not take siiliicient interest in the matter to make it worth llieir whilo to etder uiion the icngtliy but nece>sary proecss of submitting ilie matter to the Iteichstag lor its sanction to their particii)ation in un Agreement for the susiiensi m of the lishciy. I have, &c. (Signed) EDWARD 15. MA LET. No. 13. Sir J. Pnunce/ote to the Marquis of Salisbury. — (Received June 15.) (Telcgrnphic.) U'n.tliitn/lnn, June 15, 1891. A I'liOrLA-MATtON' has to-day been issued by du' President, of which I. shall send the text by mi'.il to-morrow, embodying the terms of the Agreement for the modus licendi in IJehring's Sea. No. U. Admiralty lo Foreign Office — (Received June 17.) AdmiinHy, June It), 1891. 'if reference to previous correspondence respecting the Uehring'.s Sea seal am connnanded by my Lords ("innmisniouers of the Admiralty to transmit for the ini'ormatiou of the Secretary of State for Foreign AlVairs, copies urns whicli have this day been .sent to the Commander-in-chief in China Senior Gllioer at Hs(iuimalt, directing Her Majesty's ships "Porpoise," '," and " Pheasant" to proceed to ikdiring's Sea for lishery duty, and o the provisions of "The Seal Fishery (l!ehrin;;'s Sea) -\ct, Ifi'-ll.'' i iiiu, A:c. (Signed) EVAN JIACGllEGOIl. Sir, WIT lishery, I herewith, of telcgri ami the " Nymphe carry out 21 Inclosiire in No. 11. [Tfleijrams scnl to Commnndrr'iii-chief in Ciina nnl I'lr l^nilur Oflinr iil Kxjuimnll. To Senior Olficer, limiuimnU, THE following Act of Parlinnicnt has boon i)asso(l : — Articlo 1, clause 1. Her ^tiijisly llic (^lu'cn iiiav, liy diilcr in <'onnci!, ]iroliil)i( (Ijc catehinf; of seals hy British ships in !5i'iiiiny:'s Si'ii, nr stK'h jpimI tlicronl us is di'finod liy the said Order l'.ali he ;;uiity of a niisilenieanour within meaning of "'I'he Merchant Shi|)i)iii^ Act, l"^"!!," and llie liii) ami licr e(|uipmeiit, and everything on hoard thereof, shall he forfeited to Ilt'r Majesty as if an ollenee had been conmiitted under section iu;i of the said Act, and the ]irovisions of sections )U!I and 104 and Part 10 of the said Act shall i\\i\)\\ as if they were herein re-enacted, and in terms made applicable to nn offence ami forfeiture under this Act. Clause 4. Any commissioned otlicer on full pr.y in the naval service of Her .Majesty shall have jmwer, during the period limited l)y the OicKr in Coinicil, to stoj) and examine any British ship in Hehring's Sea and to detain her or any portion of her eipiijnnent or any of her crew, if in his judgment the ship is being or is preparing to he used or employed in contravention of this section. Clause 5. If a British ship is found within lieluing's Si'a liuving on hoard thereof fishing or shooting implements or sealskins or bodies of seals, it shall lie mu the owner or master of such ship to prove that the ship was not used or employed in contravention of this Act. Article 3, clause 1. This Act shall ai)]»ly to the animal known as the fur-seal, and to anj marine animal specified in that behalf by an Order in Council under this Act, and the e.\pres.ssion "seal" in tliis Act shall be constrned accordingly. Clause 2. The expression " Behring' i Sea" in this Act means the seas known as Behring's Sea within the limits dcscilicd in an Order under this Act ; Clause ;i. The expression "ocinipnient " in thi- .\ct imlmles any boat, tackle, tishing or shooting instruments, and other things belonging to the ship. Clause 4. This Act may be cited as "'I'he Seal i'isliery (Ueluing's Sea) Act, I8f)l." Order in Council accordiimly has been approved. It "ill only ap]dy to liehring's Sea, and only that jjart of Hehring's Sea which is east of '.,e l{ns>iar.-.\nieri(an line: description in separate telegram. Your instructions are to proceed at once with " Nyniplie " and '• Pheasant " Behring's Sea and cruize to eastward of above-named line as may be neces-ary. Every ship under ])ritish colours which in your judgment is hunting seals or iirejiaring to do .so, if you think she is acting in ignorance of the ]iroliibition or believes hersidf to Ik; out>ide prohibited waters, you may let her go with warning. If a ship is t'unnd deliberately offending, confiscate all her eipiijiinent necessary for sealing, and record names of ship and master for prosecution afterwards. If you lind .\merican vessel deliberately offending, you are authorized by Convention just signed to arrest her, and you should record name of cajitain and vessel, and jiroof of offence, informing .\meric.in anthmities. If you can, it will be your duly to co-operate with Anuricari crni/.ers, who will have similar orders. ".Nympbe" and "Pheasant" to proceed at once on this duty. •Porpoise" will jjroceed to Jlinliuk iiarlxiiir, Oiinalaslia, from China, to be under command of " Nyinphe," who will give copy instructions for gimiance. These vessels to remain on this service until close fishing season. Te.xl of American Pioclaiiialion in newsp.ipcrs of iGth June. Ask for liirtlier information on any points not clear to you. Acknowledge receipt by telegram. To Senior Officer, KiKjitimafl. With reference to my telegram of Kith .liine, lino of demarcaiion proceed.s in a roiirsc njarly south. west through Hehring's Strait and Heiiring's Sea, so as to pa.ss midway between the north-west point of the Island of St. Lawrence and the south-east SB piiint oi V; |ii' 'rcliiilioloki I" tlio meridian i)i' IT- ' "osl lciiij;ituilt' ; tluncc l'i(tin (lio iiilor- Koctioii of lliiit iiicriiiiiiii in ii suiitli-wcstui^ tliicctioii m> as to pa>s iiiidtvay l)i't\U'uti the Islniiil (if Attou utiii (lie <'i>|i|ici' Islanil of tin- Kori.ianilor^iti coiipU't or ;:roii|i in the Nortli I'acitlc to tlic iiifricii.in of ltl7 t'a--l loii^'itiuic, so as to iiichiih' in liic territory conveyi'il the uhoh' of tlic Ah-iiliaii Ishiniis oast of llial nieriiiiaii. 7'h Comninnder-iit'Chiff, China. Order " I'orpoise " to iirocccd (o rt'iidezvoiis nt Iliiiliuk Ilaihonr, OinmlaHka, Hi'hrinit's Sea, for -erviec on lisiiery d.ntirs; will receive orders from " N_\.,iplie." Order n.'eessary eliarls llonu; Kon^ if "Severn," " Leandcr," linve not t,'ot tlicm. Coal jrdered froMi l''s(piinwill. "Severn," " Leander," " Mercury " are no lonjjer retpjired, and avaiialilo for ordinary station work. "l'or|ioise" to report Iiy telegraph dale sniliii<^r and prolialile arrival destination. To Senior OJJim, Ksqumnlt. .Arrange locally to send 1,S00 tons coal llinliuk llarhonr, Oun.aiaska, Bchrinji's Sea, for '• Nymphe," " Pheasant," " l'orpoiil)ie ihfil his (mim riniienl should lorhid suil-lumtinir dnrinjr the present year npon Kussian lands and in linssian waters, hecansc they had (piite recently leased the se.il li>heries to a Company, and as tlie lease hail heen solemnly coniirined hy the Council of State, it wa^ not in their power (o \i<) hack upon it now. 1 explained to his Ivvcellency that the American (Jovernnient, not po'iscssintf the necessary leiial power for aireslinu: .Vmerican vessels in the western part of Belirinir's Sea, liad restricted its consent to that pari of l!elirinelher, and to confine it to the Hussiau inlands, as far ns they were coneemed; and that, as a matter of fact, llussian vessels were not in the liahit id hunting' seals to the ea>t of the liussian-American line, and were certainly never encoura;;ed to do so. He said that he would transmit to M. de Ciiers a pres^inj; re(|uest, I am, &c. (Signed) SALISBURY. No. 4ti. Sir J. Vauncvfolc to the Marqui'' of Salishunj. — {Received June 18.) My Lord. Woshiiujlon, June '.), ]S!)1. I II. WK the honour to inclose copy of the note which, on receipt of your Lordship's telegram of the olh instant, I addressed to the Atliu"; Secretary f Slate inclosing a Memoranilum, copy of whicii is likewise inclosed, giving the substance of your Lordship's ahove-mcntioned telegram on the subject of the proposed modus lirendi in Behring's Sea. I liav?, &c. (Signed) .lULIAN PAUNCEFOTE. [572J s 20 Inclosurc 1 in No. 40. Sir J, Pauncefote to Sfr. Whnrlon, Sir, IViuihiiujtnii, June (!, 18!)1. IM.Mi'il)IA'ri''i>Y 1)11 tlio roccipt of your nulc of (lio Itli instant, ri'lativi; to tlic proiiosi'il iikkIiis virend! ill IJciirinjf's Sfft, 1 c'oniiimnicatcl)nry liy ti?le};riii)li. 1 Invc now the lionoiir to inform yon tlint lato last ni;;lit 1 received a teloijrapliic reply from liis LoriUhip, of which the substance is contained in the inclosed iMomo. rnnduui. 1 have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure 2 in No. 10. Memorandum, HRR Majesty's ftovcrnment accept (lie ])ropoHal of the President Ih.it flic iiwiIuk rirciidi, if ii:;r('('d upon, should ]iroviilf that the niiviil or other duly coniniissioiu'd oiliccrs of citlur piirly ni:iy arrest any oirfudiiii;' vessel and tinii il over at the nearest port of the natiiin 'vhip^c Ihit;- it carries, for such jndiciiil proc. ('ilini.-i us the law provides. Hy ar oji'iin^' this i)rop<'s;\l, iter .Miijesly's (IdVcrnuient i.;ive to ihc cruize rs of tiie I'niteil Slates the jinwer of snpervisin;; the conduct of Ihitinh suhjects in (d)siTv inj; the l)roi)o-elaiid.s. It is on the fuhlily with which the condition of not killing more than 7,<')00 seals is observed that the e(|Uality of the proposed ngrecnient depends. Iler .Majes.ty'.s Ciovernment, therefore, regard it ns indispensable that they .should htiw tile ri^ilit of satisfying themselves that this conditi(ni is fidly ohservid by citizens of the United States. If there he an objection on the part of the United States' Oovern- ment to issuing an exe(juatur to a permanent Consid on the Seal Islands, Lord Salisbury suggests that they can under the Statute specially autiiorize the rcsiden"" theieon of a British Agent during the present .season. His liordship will not insist on the condition that lUissia shall he <. party to the Agreement, hut he must earnestly press the United States' (Jovcrnment t>> extend the prohibition to their citizens and vesstds over the entire area of Behring's Sea. In (hat case Her Majesty's Oovernment, on their part, will similarly extend the proidbition to British subjects and vessels. Lord Salisbury jioinl.s out that, if .seal-hnnting be ])rohil)ited on one side of a purely imaginary line drawn in the open ocean, while it is permitted on the other side of the line, it will he imi)(is--i')le In many cases to prove nnla«ful sealing, or to infer it from the pos.session of skins or lisiiing tackle. In conclusion, T-ord Salisbury tales that Her Mnjesly's (iovcrnment consider it a matter of great imjiortance that the two Clovernments should agree on the terms of arbitration at the same time as on a modus viiendi. The suspension of sealing is not a niea.surc wln(di they could repeat another year. No. 17. ISir J. Pauncefote to the 3/nrfyMis of Salinburj/.* — [Received June 18.) My Lord, Wanhinyton, June 0, 1891. AVITH reference to my telegrnni of the Gtli instant, I have the honour to inclose copy of the note which I received on that day from the United States' Government respecting the proposed modus vitendi in Behring's Sea. I have, &e. (Signed) JULIAN PAUNCEFOTE. Substance tclrgroplu'd on .liinc 6. If Ini'loHuri- in No. 17. iJr. fyiiiirton lu Hir J. Paunccfule. Sir, Wnshinrjlon, Juno (1, IhOl. I AM directed liy tlie President to my tlint he linn received wiih ;;n'iit satisfaction tlic nole of Lord Kaiishury of to-day's dale in reply lo my note id' tiic Itii iiislnnl. He directs nic to ask you to riMoiiid Lord Sali>liiirv tliat the limitation of tiio iiiilin^' cif seals u])on the i^laTlcls is ab-(diitely witliin liie contnd of the United States, as u daily count is uinde hy sworn otlicers, and to inform iiiin tli..t nlriady, in order to insure sucli control jiendin;; tiiese ncjiotiations, tlic agents of the Treasury l)e|iarlinent who liave been dis])alched to tlie Seal Islamls, have lieen instructed to htoi> the kiliiiii; when 7,'''»(» have been taken, and to await the arrival of further orders; thou>|:li ordinarily the takin;; of the seals on the islands ih:es not l)e;;in until ahoui the 1st .Fuly. 'I'lie enforcement of an agreed limitation hein^ ki> fully in the control of the United Slates, the President is sure that Lord Salisbury will not (|Uestion tlie absolute jjood faith of this Government in observing its sti|iulation to lin\it the catch to 7,''"''. 'lids (Jovernment could not, of course, consent to any arrangement that implied such a dou))t, or involved any foreign supervision on the islniids. If the prompt and ell'ectiial recall of the tied of Canadian sealer ■; now at -ea was as fully within the conirol of (Jreat Ihitain, the President »ould not have suggested the provision for the arrest by either parly of vessids violaliii!: the pridnbitioii, hut unuld have rested <'oii!iilently in the assurance given by Her Majesty's ( Jovtrnnu'ut. Hut, in view of the fact that the evidence wliich the resijcctivc (Jovernmenls will present to the Arbitrators (if that ha]ii»y solution of the pending dillicullies shall be attained) must be collected during the present season, and as the delinilive Agreement for arbitration cannot lie concluded contemporaneously with ibis Agreement, the President directs me to say that be is .jiiite billing to agree that Her Majesty's (Jovern- mcnt may send te the Seal Islands with a view to collecting the facts llial may be involved in an arbi itioii, and es|)ecially facts relating to seal life and lo the results of the methods which have been pursiied in the killing of seals, a suitable iiersoii or persons to make the necessary observations. The present and the comparative conditions of the rookeries may become an important consideration before Arl)itralors in a certain event, an7, and vull proiii|)tly lake such steps as aie bi'sl eahulated cll'ectivcly lo insure ibe (disi'rvaiice of this prohibition by the subjects and I'ilizens of Great Pritain, and all vessels tlying its Hag. 2. 'I'lie (ioveinnieiit of the United States will prohibit until May 1S02 the killing of seals in thai part of Pebring's Sea abuve described, and on the shores and islands thereof, the properly of the United Slates (c.Ncept that 7,500 seals and no more may he taken on the islands), and the (Jovcrnu'cnt of the United titates will proinptlv lake such [072] E 2 28 8to])S as lire best ealciilatcd eirectively to assure llic ohsorvniieo of tliis proliihition l»_y the citi/i'iis ol" the I'liited States, and the vessels llyiiif; its /luj{. .T. Ail vessels or persons violatin;; tlie laws of tlieir respeetive fioveniineiifs i i this rej^arti leilside the ordinary tcrritoiiai limits may lie seized and detained \>y tlie naval or other duly eon>nii«sioiied o(lieor-> of eitlier of the Hi^fli Coiilracliii;^ I'ailies, hut they shall l>e handed over as hoon as praetieahle to the authorities ot the nation to which they rcspeelivi'ly helong for trial and for the imposilion of the penalties aiul forfeitures provided hy law. 4. In order to facilitate such proper impiiries as ller Majesty's Government may desire to make with a view to tiie iiresentation of the ease of that (JovernmenI lielore Arhitrator>, and in the expeetation that an ai^reement for arbitration may ullimali'iy l)e readied, it is a<;reed that a suitable person or persons to be desij;tuited by (treat liritain will he permitted at any time, upon appiieation, to visit o. tu remain upon the seal islands during the present Kcaling season, for that purpose. I have, &c. (Signed) W. F. WHARTON. No. 48. Colonial Office to Foreign Office. — {Received Jnno 1^.) Sir, Dnwninij SIrrpt, Jiwe 17, 18!)1. WITH reference to your letter of the 10th instant, I am directed by Lord Knutst'ord to transmit to you n copy of the reply which he caused to be returned to the letter from the Hi^h Commissioner for Canada, forwardinjj a (irotest from the Hritish Columbia Hoard of Trade a(;ainst the prohibition of sealin;; in Helirin^'s Sea this season. I am, at the same time, to transmit to you, to he laid before the iManjuis of Salisbury, a co|)y of a des|)atch from tiie Governor-Geneial of Canada, lorwardint; copies of teleiirajjliic protests against the prohibition from the Premier of liritish Columbia, and from the iiritish Columbian sealers. L(ird Knntsford jiroposes, if Lord Salisbury concurs, to refer the (iovcriior-General to the (li'sjiateh wiiich has been sent to him eontaiiiini: the corrcspondeiiee with the Higli Commissiontr, and to desire him to reply to tliese telejrrams in similar terms to the reply addressed to the lligh Commissioner on the IJUh instant." I am, 8ic. (Signed) JOHN HRAMSTOX. Inclosurc 1 in No. 48. Lord Stanley of Preston to Lord Knntsford. My Lord, Government Ilouxe, Ottiiwn, June 3, 189L AVi'l'If reference to my telegram of to-day, I have the honour to inclose herewith copies of telegrams from the Premier of Hrilisli (johimhia, and from the British Columbia sealers, protesting against the Hil! prohibiting sealing in the IJeliring's Sea. I have, &e. (Signed) STANLEY OF PRESTON. Inclosurc 2 in No. 18. Mr. Robson to Mr, Dewdney. (Telegraphic.) June 2, 1891. HKITISIl Columbia sealers strongly protest against close season this year as it would ruin them, all their jireparations and contracts having been made. Please wire me when it is intended c'oscd sea.sou shall coinmcncu. * See No. 18, anil Inclosurc 4 in No 48, infra. \■.»!. HIMTISII ColiMiilii;) scali'iN n--k vmi lo iiroli'st, a;;iiiiist liill priiliiliitiiiy; si'iilmi, lieliriiij;'h Sou. Vcrjr unjust to us. Heavy caiiil.il iiivostcd ; would ruin uiau)' Iutc, Inclosui'c 4 in No. 48. f'nhiiiiiil Of/ill' lo S/r ('. Tiippi-r. Sir, Doiniiiiij Slrei-I, Jiiiif \:\. IH'.ll. I AM (iin'ctcti by Lord Knuuruni ti arkno«li.'dj;c tlio ri'ccipt (jf vour loiter of the ;ird inslnnl, rurwardin^ coj)y of a leleirrani IVoin llie I'risidenl of the Hoard of Trade of British Columbia, i)rotestin;4 a^^aiiist tin.' propo-i'd [irohihitioii of sealini; in i'lehrin^^'s Son tiiis season. I am to ))oint out to you, in reply, lliat us tlic total rcssation of scaling in Hohring's >(ii will ^'reatly enli;ince the vidue ol' the prodiiee of the coast fishery, Her .Majesty's (iuvernment do not antieipate that British sealers will sulfer to any great extent by (■xc'lu-.ion from lieliriui;'s Sen. They will he prepared, liowcver, to consider any case in whicli it is elearly 1 stahlislicd that direet loss has hcen siilfered l)y a British suhjeet through the enforcc- iiiiMit of the prohihition aLcainst senliuLT '" Behring's Sea. I nm, &c. (Signed) JOHN BUAMSTON. No. 10. Colonial Office to Foreiijn Office.- -{Received June 18.) Si:-, Downimj Slrcrt, .lune l?*, 181)1, I .\M direeted hy fjord Knulsfdid to liansniit to you, for the information of the .Manpiis of Sali^hiiry, a parajiliiase of a teley:iaui which was soiil to the (iovernor-Gencra( hury will sidjniit the names of Sir G Dadcn- Powell and Mr. Dawson for Jler Majesty's approval. I am, &c. (Signed) JOHN BRAMSTON. inclosurc 1 in No. 49. Lord KnutKford lo Lord Stanley of Preston. 'Tclegrnplnc.) Dorcnimj Street, June 10, 189L I'LliASl'] inform mo liy teleL;i';i|ili as soon as you can of the name of Canadiaii expert to Ik; associated with Sir iJeoriie Baden- I'owoU. The names have to he submitted to Her Majesty. Jt is proposed that Sir G. Baden-Powell should proceed shortly to Ottawa to consult with your Government. Indosure 2 in No. 49. Lord Stauleij of Preston lo Lord KmUsford. My Lord, Government House, Ollawa, June 17, 1S91. I HAD the honour to .send to your Lordship to-day a telegraphic message in cypher, of which the following is tiio substance : — With reference to your message of yesterday's date, Dawson, of the Geological Sur^'cy of Canada, is recommended by the Dominion Government, 'i'ou could not, I think, iiave a better representative. Badcn-Foweirs appointment is concurred in by the Canadian Government. 1 have, &c. (Signed) STANLEY OF PRE8T0K. 30 No. 50. The ^/arqiti.1 of Salistiunj to Sir II. Morier. Sir, Fnrrliju Offin: June 1«, 1891. WITIF nroicnce to your dcspntcli of tlio lOtli instiiiit, I tiansinit liiMe»illi, I'lir your ICnci'IIlmu-v's iiiforniiition, two copios of the toxt of an A^ioi'incnl lii'twccii this c'ouiitrv and llii' I'liilitl SlalcH wliicli Sir J, I'aimci'foto liiis been aiitiiorizi'd to sii.'ii f.jr n iiwihis riiniili in liflirinj^'s Sen initil .May l^^it2. Sir .1. I'auut'L'fole lias ri'iiorted, hy telegniiili, Unit llii.s Ajj;roc'ini'nt was si^tncd at AVasliin^toM on the 15tii instant. As soon as tliu Afiri'onicnt is rccoivcd ns signed, a copy will liu forivanlod to you for coniinunioution to the liussian Government. I uni, &e. (Signed) SAJJSUIJRY. No. f-l. The Marnuis of Salislnirii In Sir li. Morier. Sir, Fnreiijn ()//ice, June li), 1801. I Ji.W'I'i roi'oived yoin- E.vcellcncy's d('--i)atcli of tlie lOtii instant, reporting' a conversation with M. de 'J'erH respt'ctiuy; the proposal tliat tlussia siiouid join ii\ tliu Ap;reenient for a mmhtx ilr(ii(ll in Ik'iirinn's Sea whicii was in negotiation, and iins since been eonoiuded between tiiis country and tiie I'nited St«ti.s. Your ivxcclk'ney's proceedings witli regard to tliis matter are approved by llor Majesty 'h Government. I am, &c. (Signed) SALISBURY. No. 62. Foreign 0[}icc to Colonial Office. Sir, I'oreitjn O/fivc, June 1!', 1801. I AM directed by the Marcjuis of Salisl)ury to nckimw ledge tlie receijjt of ymir k'tti'r of the 17tli instant, inclosing a co])y of a despatch from Lord Stanley of i'reston, with cojiies of telegrams from the i'remier of llritidi Cohnnbia and the Rritisli Cohnnbian sealers protesting against the prohibition of sealing in iicbring's Sea fur this seas(pn. 1 am to rciiuest that you will stale to the Secretary of State for the Colonic;' that hi.s Lord.shi)) concurs in the reply which it is proposed to return to the Govcruor-Generttl's despatch. I am, &c. (Signed) T. II. SANDERSON. No. 53. Sir J. Pavncefote to the Marquis of Salisbury. — (Received June 20.) (Telegraphic.) Wanhingtan, June 20, 1801. \VITII reference to Rchring's Sea negotiations, the return of the President to Washington from the seaside is exjiected on Tuesday, the 23rd, and at the State Deparl- ment 1 am assured that he will then proceed at once with the subjects that remain lor negotiation, All ))ropara(i()ns for this jmrpo-se have been nuide, and I pressed nrgeiilly that during his absence negotiations might still go on ; but the President's assent coulel not be obtained. 81 No. Of. The Marquis 0/ Unliiliurif to fiir J. I'diiuciJoU. Sir, Foifign Ofice, June 20, 1P91. I ITAVF. icrt'ivod your iles|mtcli of (lie !tlli iiistaiil, iiu'lo^ini,' coiiio-i of 11 nulc aiiil Meniorainluin inldrc^scd \:y von to the L'nituil Stiiti't' Aotin<^ St'crctiir)- of Sliilc, on iliy [iri>|)OHO(l iiioiliix liiriiili in l!clirin;;'s ^l■il. 'riie ternia of your ODMimuniciition iire approved \>y IK'i- IMaji'sly's (iovciiii'K'nl. I ani, &c. (SiKiicd) H.Ar.lSIUJIiV, No. or.. Sir J. Pauncefote to the Murquis of Salin'oury. — (Received Juii't '21.) (Tcicgrttnhic.) Wm.' ' jton, J 21, 180! TUli United States' Oovornnient have fiirnislicd tnc wit! ^\)y ol tlio inHtnietioiH issued to llioir cr 'izors, under the .'Ird Article oftiic mndus rirmil!. I nin K a copy of tiie 110(0 inclosini,' tlioiu to your liordsliip Iv next mail. The followini; is a suninmry of tiieni : — ^lie " -Moiiiean," tlie "'I'lietis," mul tiie " Alert," ntui iioss'bly oMu-reruizers, «iil l.c employed in lieiirin^j's Sea. 'i'lie "Tlietis'' is to proceed ininu diately (o Sand I'oint, the reimezvous of llic Ciiiadian sealers, l)e('ore they enter llehrinn's Sea, and distrihule co|iie- of the I'rcsid ill's i'roclaniation, ^'ivintj notice io all >ealini;-vessels, and t.'ikini; n li^t of all vessels warned. She will jiroeeed to ( )uimlaska as soon as the Canadian catch has hecn traiishijipeil at Sand I'oint, ahout .luly I. The " Mohirnn " and " Alert " will jiroceed at once to the seal islands and cniizc two weeks in lichring's Sen, di>trihutinu: the President's I'roelaination, and warn all vessels found enj^aged in sealing li> leave the jirohiltited waters immediately, record in;.'-, hy an entry in the vessel's lo;;, tliiit she has heen warned. IJoth will then rendezvous uitii tiie 'Thetis" at Ounahiska, whither all persons and vessels seized are to he sent. A .'harlered steamer will he ready at this jiort with a marine jriiard to assist in haiuliiig over the persons and vessels seized to their respective authorities. 'I'lic United States' Government would he ^'lad to have a copy of the instructiona winch have been issued to Jlcr Majesty's ships detailed for service in Beliring's Sea. No. 60. air J. Pauncefote to the Marquis of !hing other necessary articles of food, clothing, and fuei. The President is surprised that it should now he suggesti;d that none of these skins should he removed from the islands, and he cannot understand how British interests can be promoted by allowing them to go to waste. 'J'lie previous communications of Her Majesty's Government had, in the opinion of President, concluded this matter. As to the third clause of your proposition, I am directed to say that the contentinii between the I'nitcd States and Great I'ritain has relation solely to the respective rights of the two (iovernments in the waters of Behring's Sea outside of the ordinary territorial limits, and the stipulations for the co-operation of the two Governments during this season have, of course, the same natural limitation. This is; recognized in Articles 1 and 2 of your ))roposal, for you will observe that llio obligation assumed by Her Majesty's (Government is to prohibit seal-killing in a certain liart of I'eliring's Sea, whereas the oblig.ition assumed in the second Article by tlie (Jovcrnment of the United States is to prohibit seal-killing in the same part of Bchriiig'.s Sea, and the shores and islands thereof the jirojierty of the United States. Tlie killing, therefore, of seals on the islands, or within the territorial waters of the United States, falls only within the jirohihition of this (Jove-ninent. ]lis Lordshiii will also see that it is altogeihcr beyond the power of the President to stipulate that an ollence committed in the undisputed territory of the United States against its laws >lia]l be triable only in the Courts of another nation. The extension of this clau.se (o the territory and territorial waters of the Ciiited States, therefore, involves an insuiienililo legal ditlieoity on our ])art, and a conccM^'on which no independent Government could he expected to make. The mu'ual police which is to be stipulated for could not in the nature of things apply to the (erri(orial wa(crs within the undisputed and cxclusiv.' jurisdiction of either. To (he four(h clause, which is in substance the same as the proposition made hy this Government, no objection is interposed. As to the filth clause, I am directed to say that the President regards the proposi- tion to appoint a Joint Commission to investigate and report as to what Regulations or International Agreements arc neces.sary to preserve the seal fisheries to be one of tlic incident.-; of the Af;reement for Arbitration, iin-' to have no proper place here, 'liii-^ distinction seems to have been recognized by his Lordship, and liis proposal of such a Con-.i.iission was made part of the separate note discussing the terms of arbitration presented by you on the 3rd June, and has never until now appeared in the cone- ands as fnoil 33 spondrnoe ndatinj; to ii idikIks vivrmli. The I'ro.sidcnt tliiiiks (ho fourth rliiusc, wliich Ijhs been accc'pti'd, luako iiiiipli' incsciit jiiovi.sion, ln;t will i;ivc ii lull considiTalion to tlic sUiT^rcstion of a .Joint ('oniini>. I'-very vessel or jierson oll'eiidin^' airaiiist this prohibition in the said waters of Hehrinu:"s Sea, outside of the ordinary territorial limits of the United States, may be seized and detained by the naval or other duly commissioned otiieers of cither of the ilii^'h Contractinir I'artii';;; hul they shall be handed over as soon a-- practicable to the authorities of the nation to which they re-peciively belon?, who shall alone liave juri.sdiction to try the offence and impose the penalties for the same. The witnesses and proo be sent with them. "Art. 4. In order to facilitate such jiropor in(iuiries as Her M.ijesty's Govcrnniont may desire to make w'th a view to the presentation of the Case of that Governmenl before Arbitrators, and in expectation that an agreement for arliiiration may be arrived at, it is a^reecl that suitable ]iersoiis desi;rnated by (Jreal I'ritaiii "ill he lurmitted at any time, upon application, to visit or to remiiin upon the seal islands (iuriui;' the present sealing' seiisou f'or that pur;>ose." 'the i'rt -idetit directs me to inr.irin you that the (iovernment of the Uiiited States is ready to (include this .Vtrreemenl if it can be ]iiit into force immeiliately. 'J'lie value of such an Au'rcemeiii, to tiie United .States is daily lesscninu-, and the I'resident therefore feels that ho must ask that the negotiations be brought to a speedy determi- nation. 1 have, &c. (Signed) W. WH.MM'ON. iiiclosure 3 in Xo. 50. .itioii made by Sir J. Pduitcefulv Iu Mr. Hliartou. Sir, H'ufliiiKjIon, June 10, ISOl. 1 HAVE the honour to acknowledge the receipt of your note of the ttth .Itiue, delivered this day. in reply to my note of the Slli, iu hIiIcIi I transmitted, for the consideration of your (ioveriinunt, the draft of the proposi'd .Agreement f'or a hhxIuh viriiiili during the present fur-seal fishery season in jiehring's Sea, with certain modi ica- tions and additions suggested t!;^rein by the Manpiis of Salisbury. I have telegraphed ilu' suh>tance of your note under reply to his fjord^hip, and I hope to be able to couununicute to you his ob.servatious thereon in the course ot [5721 F [84 to-iii()iT()\v or the tollnwinc: dixy. In the mcanwhilo, witli reloi-once to the complaint thai now coiitlilioiis should liavo boeii suuffcstcil at this .s(a;,'o \>y Ijorci Salisljiiry, I would hci; leavo to point out that all his Lordship's su;,'!;estioiis arc obviously dictated hy a dosiri' to render tiie modus virnidi more eilectivc, ar.d to do all that is possible in the eoninioii interest for tlie proteetion and preservation of the seal species durin;,' the present season. In my liunihlc opinion, liiercfore, it is to be re^^retted that those suu:f;estions should not have coniintniied theniselvos to the favounihle conNideralion of the President, 'i'hus, the object of the ],roiiosed insertion in Article 2 o'' the words, " food skins, and not for tax and shipiiient," which you ([ualify as e\traonliiiary, w.as not to ]ireveiit the ex|)ort and sale oi' the 7.;">l'0 iood skins, of which the procemis were intended to cover tiie cost of I'ood, clothing', fuel, and other necessaries for the natives. Its sole object was to stop the injurious practice (d" driving and redrivinir the herds to the killing; j^rounds fur selection, which is resorted to in the ease of seals killetl for " tax and shipment," and i< stated hy experts to be the main cause of the depletion of male seal life on the islaiuls. 1 would refer you on this jjoint to the IJcpon of Special Treasury Aijent ("li. .1. Gol!', laid before (.'onuress (l''.x. Doc. 4'.*),. pp. '2 and L".). Also to the l!ci)ort of Assistant Treasury Aiient .hisejih .Murray, at ]). S, and that of .Vs^istant 'J'reasury Ai!;enl A. W. ].iaveii(ler, at p. [) of the same Con/^ressional I'ajier. As rcjrards l^ord Salisbury's ])ropoNal of the .loinl f'ominission. it is by no means a new one. It has loni;' been called for by public opinion in both countries. It was inserted amonjj Ijord S.ilishury's last proposals for the Arbitration Airreement, in the cxiieelation that the latter document would be si^'ued contemjioraneously w'th the Agreement for a mndus vivendi ; but, a.s your (Jovcrnment is not pre])ared to hrin.;; the arliitrslion neuotiation to a conclusion without further con.-ideration, and a.-, it is oi the biu:lie>l iiiiporlanci' that the .loint ('oinniis.--i()n should be ap])oinU'd nl once, in order to cTitrr upon its finictions durini; the j)resent lislicry season, Lord Salisbury has had no alternative but to nrL;e the insertion of the Article providiii'.;- for a .loinl ("oniniissimi iti the .Aiirecmenl for the imxhis vivvndi, of which 't should, in the o]jinion of Her Majesty's Government, be a component part. The objection of the I'rcsident to that .\rlicle in the Hindus virrndl appears to nie to create the greatest dilliculty which has yet jiresented itself in the course of this nenotiation, and I earnestly hope that if Lord Salisbury should be dis|)osed lo waive tiic other conditions to which exccjition is taken in your note, the President will on his part accede to his J.ordship's wishes in respect of the Joint Coniinissi(>n. I have, &c. (Sisnod) JULIAN PAUNCEFOTE. Sir Inclosure 4 in No. o(J. Sir J. Pduuci'fulc Id Mr. Wliart'm. Sir. Wdshhiijton, Jiaic 11, ISDI. WITH reference to my note of yesterday, and e-^pecially to the coneludinir pari (d' it, I have the Ixuiour lo inform you that I have this day received by teh'^-raph from the Marcpiis of Salisbury a re])ly to the proposal for a landvs rirendi diirini; the prc>eiit I'ur-seal fishery season in ISidiring's Sea contained in your note of tiie '.Hh June. His iiOrdship states that the President's refusal to ndojit his su^scslion with respect lo Riiiwia renders the proposed modus rirnidi nuich less valuable, and thai he is reluctant to abiimion the words which he In/l proposed for insertion in Article 2 in relation to the reservfltioii of the ".Wi* seals to be kilL'd on the islanils. .Severllndess, in view of the ur^rency of tlu' case, his Lordslii|» is ilisp()>ed I i aulhori/.e me to si^n the ALneemeiit in (he preci.-e terms formulated in your note o{' the !ltli June. iiri>vided the ipiesti(Mi of .-s Joint l'oiiinii--~ion be not left in doulil. ;iiid that yoai (lovenimeiit will uive an assurance in .some form that they will (!oncur in a lel'eri'uce to a .loint Coinmission to ascertain what permanenl measures are necessary lor the preservation of the fur-seal species in the jSorthern I'acilic Ocean. 1 have; the honour, therefore, to inquire whether the {'resident is prepared to u;ive that assurance, and, if so, I shall, on receipt of it, lose no time in eoinmiinicatinjc it by telei;ra))h to Lord Salisbury, and in upplyiiij:' to his I.,ordship for authority lo sin'ii the [jropo^ed Ayreenieiil. 1 have, &c. vSigiicd) JULIAN PAUNCEl'X)TE. (Telcii ship '• as he to the Sh()ul< and tl siibsei her, I and II I 1 that p m Inclosure i5 in No. "»G. Mr. WhiirloH In .S/r J. Pnuncrfote. i^ir, Depnrlmvnt nf Statr, H'dshin/jlon. .hinr 11, 1M)1. I lIA\"I-i llio Iioiinur to jieknowlod^e llio recuipt of vour note ol' to-diiyV late, and, ill ro]ily, i am ilircclcil liy tin- ricsidcnt to. say lliat tlic (iovurimienl of tlic I'liitcd States, iccomii/.iiii; ilic fact tlial fidl and adociiiatt- nK'a.suri's lor the prok'ction of -i^al lito should embrace the wjiolu of Hiliiin^'s Sua and jiortions of llii' North I'acilic Ocean, will have no hesitancy in aiirecini:, in connection with Her Majesty's (Jovernnient, lo tlie ajuioint- inent of a Joint Commission to ascertain what iiermauent measures are necessary for the jireservation of the seal s|)ecies in the waters referred to; such an Ai::reenient to lie sij;ni'd simultaneously with the Convention for urhitration, and to he without iirejiidice to the (jiK stion.s to ho suhinitted to tlii' Arl)itrators. A fidl reply to your note of the J'.rd June, relating to tlic terms of arbitration, will not he long delayed. I liavc, &c. (Signed) WILLIAM F. WHARTON. No. HI. Sir E. Malel Ic, the Marquis of Salisbury. — (Reciircd June 22.) My Lord, Berlin, June 18, 1891. Wrril reference to your Lordship's despatch of the ."rd instant, and to mine of the 12th instant, I liave the honour to inform your Lordshi]) that liaron von Marschall told me to-day that, he intends to puhlish in .i.e ollicial (iazctte a, translation of the A;i;recment hetweeii I'.n^^iand and the rnited States in regard to the Ikdning's Sea seal lishery, anil to accompany it with an injunction to German subjects to observe its regulations. I have, &c. (Signed) E. B. MALET. No. 58. Till' Marijiii.t of Salinburii to Sir ./. Pnuncefote. (Teiegraiiliic.l Foniif-} Ofliummary of the instructions issued hy the I'nited Slates' (Invernnu'iit to their crui;ers tor carrying into elPect the iiiiiiiurt rirmdi Agrcemenl in J'elirinu's .S^'a. The iollowing are the instructions issued to the Senior Nav.nl ():licer of Iler .Majesty's ships at !>((uiniak: — He is to proceed with Iler !\raiesty's ship " Xympho " .■\nil Her Majesty's .ship "I'heasant '• to Hehring's .Sea, to cruize to the eastward of the line of demarcation as he may find necessary, and lo warn all iJritish ships which he may find acting contrary to the .\;j;reenienl hel^een IIk- two ( lovernnients. and in ignorance nf its iii'ovisions. Shoidd he lint! a ship deliheralely oll'endiiig, her .sralin^' eiiuijinieiit is to he conti.scated, and the names of the ship and m.isler are to he •■ eordeil lor the pur[)ose of iirosecution suhse(|uently. Should he liinl an American ship deliheralely oiieiidiiig, lie is to arrest her. the names of the captain and vessel and proof of otfcnco are to he recorded, and the American authorities are to he informed. He lias orders to co-opiwatc w itli llie American cruizcrs. Iler .Majesty's shii) '•i'orpoise" will ho also under his command, and has for that purpose heun ordered to join him from the China Station, [572] F 2 • 36 No. 59. Admiralty to Foreign Office. — (Receive I June 23.) Sir, /lilmiraltii, June 22, I SOI. MY Lords Commissioners of the Ailmiralty liavin;; reeoivod a copy of Sir J. I'aunce- fote's tole^rapliic dosjiatcli of llie L'lst .liiiu'. IK'.ll, priviiipj tlie siilistaiico of the instruction'^ issued hythe (iovernment of tlie United States to crui/.ers about to proceed to l?ehrin2:'s Sea, and recpiestin!;; that a co])y of the British instructions may he sent, I am commanded by their Lordships to tran>imit licreuith a eo]iy of the teie;;r,ipiiic instructions sent to the Seni(,r Naval Ollicer at IiS(]uimalt on the Uith .lune.* From this it will he seen that the tive clauses of Article 1 and four clauses of Article 3 of " The Seal Fishery (I5chrin^'"s Sea) Act, 1S9L" Imve been telej,nai)hed in full, together with the definition of the I{nssian-Americai\ lino of demarcaticm, with additional instructions, as marked in red ink, in the margin of the inclosurc to this letter. Her Majesty's ships " Nymphe " and "Pheasant" will, under these orders, leave Esqi nalt on or about the L'(jth instant, and will be joined by Iler Majesty's ship " Porpoise," from China, about the 21st .luly. I am, &c. (Signed) EVAN MACGREGOR. No. 60. Council Office to Foreign Office. — (Received June 24.) Sir, Council Office, Whitehall, June 24, 1891. I AM directed by the Lord President of the Council to transmit to you the accompanying Order of Her Majesty in Council of the 'i.'kd instant, entitled, "'I'he Seal Fishery (Behring's Sea) Order in Council, 1891." Directions iiave been given for the publication of this Order to-day in a Su])plement to yesterday's "' London Gazette," and I am to re(juest that you will lay the same before the Secretary of State for Foreign Ati'airs. I am, &c. (Signed) C. L. PEEL. Inelosure in No, 60, At the Court at Windsor, the 23rd day of .Tunc, 1801 Present : The Quken's Most Kxcellent Ma,iestt. Lord President. Marquis of Srtlishurj-. Ivul of Limerick. Lord .Ariiinr Hill. WHEREAS by " The Seal Fishery (Behring's Sea) Act, 1 >i'.)l ," it is enacted that Her Majesty the Queen may by Order in Council probibil the catching of seals by Ihitish shi])s in Bidiring's Sea, or such part thereof as is (lofincd i)y the said Order, iluring the period limited by the Ordt'r : And whereas the ex|)ression "Behring's Sea" in the said Act mean" the seas known as Behring's Sea wiihin the limits described in an Order un" ISO' north latitude, at its intersection hy tlic nicridiiin which ]i;isscs niiduay iictwoen the Islands ol' Krnscnstcrn or Innalook and the Island of IJatinanDlf or Nniintirhook ; and ])iocecdin;,' thence in a course nearly south-west throujrli Jk-iirinj;'s Straits and the seas known as Hehring's Sea, so as to pass midway h ■tween the north-west point of the l>lan(l of St. Lawrence and the south-east puint. of (.'ape Choukotski to the meridian of 17'2 west lonnituilc; thence from the intersection ef ihat nieridi.m in a south-westerly direction, so as to pass midway hctwecn the Island of Attou and the Copper Island of tlie Konnandorski couplet or group in the North I'aellic Ocean, to the meridian of ll).". west longitude. (Signed) C. L. PEEL. Xo. til. Sir R. Mnrier In thr Miinjiiis of Siilisbunj. — {Received June 24.) (Telegraphic.) St. Petershurgh, June 24, 18!)1. I HAVE the honour to iiuiuire of your Lordship whether, hy the .'Jrd section of the Agreement to pmliihit ihe killing ot seals in certain parts of the Bchring's Sea, the two Contracting Parties are empowered to seize and detain vessels other than British or American, as also persons otiier tiian American citizens or British subjects. No. 62. The Marquin of Salisbury to Sir G. Baden-Powell and Dr. Dawson. Gentlemen, Foreign Office, June 21, 1801. 'rill'i Queen having hccn graciously ]ileased to appoint you to he her Commissionera for the pur|)0se of inipiiring into the conditions of seal lite in Bchring's Sea and other parts of the North Pacific Ocean, i transmit to you herewith Her Majesty's Commission under the Sign .Manual to that cflect. The main object of your iiKjuiry will he to ascertain, '• What international arrange- ments, if any, are necessary hetwccn (^ircat Britain and the United States, and Russia or any other Power, for the |)urpose of preserving the fur-seal race in Ikhring's Sea from e.vterniination r" Her Majesty's Government have proposed to the United States that the investigation should he conducted by a Commission to consist of four experts, of whom two shall be nominated by each (Jovernment, ami a Chairman, who shall be nominated by Arbitrator; , H' the (Jovernment of tlie United States agree to this proposal, you will be the Delegates who will represent (ireat Hritain in the Commission. Viwi in the meanwhile it is desirable that you should at once commence your examination of the (pie-tion, and that for that purpose you shotdd proceed as soon as you conveniently can to Vanc(Uiver, trom whence the Lords Commissioners of the Admiralty have been reiiouiil he taken to silt tl;e evidence lliat is i)roui;lit hel'ore you. :.-- It is e(|ualiy to the interest of all the (ioverunients coMtvrneil intiie sealinj;' industry that it should he jiroteeted I'roiu all serious risk of extinction in consequence of the use of wasteful aiul injudicious aielhoiis. 'r^fr You will he ]irovided with all the docmneulary evidence in the possession ni' this Depnrluienl which is likidy to he of assi-i:in<-e to you in the prosecutiDu of ymn- iu(|uiiv. Mr. A. I'roude has hecn ai>])ointeJ to he your Secretary, and will accoin]iaMy you on your lour. Separate despatches will he addressed to you with regard to the expenses of your mission, and the form in wjiich your correspondence wiiii iliis ()fiie<- shoidd be conducted. I am, Sic. (Signed) S.VLISUURY. No. CiS. [Sir J. Pauncrfote to tfic Marquis of Salisbury. — (Received June 25.) My Lord, JCnxhinglov, .June 10, ]S01 Wri'TT reference' to your Lordship's teleirram of the lyth instant, authoriziujj me to sign the Agreement for a modus rivntdi in IJehring's Hea, and inslrueting inc at the fanu' time to record that 1 signed it on the clear umlerslanding that the Commission of Fxperls would he aijjjointed without delay to visit (he seal islands, I liave now the honour to transmit to your Loroship a copy of a note which I addressed to the Honnuialile William AVhiirlon, Acting Secretary of State, in the above sense, as well as ft copy of his reply thereto. ] have, &c. (Signed) JULIAN PAUNCEFOTE. Tnclosure 1 in No, 08. Sir J. Pauncpfotr to Mr. Wharton, Sir, Washington, June 13, 1801. I [,()ST no lime in telegraplnng (o the .Marcpiis of Salisbury the contents of your note of tlie llth .Tune, couvcving the assent of your (Jovi-rnnient to the a])pointnient, in connection with ller Majesty's Government, of a .loint Commission I'or the ]>urposes mentioned in my note to you of the same date, such Agreement to he signed simid- tnneously with the Convention for Arbitration, and to be without prejudice to the questions to he submitted to the Arhilralors. 1 iid'ormcd his Lordshi]), at the same time, that in handing me (he iu)te under rei>ly you had assiu-ed me that the President was anxious that tin Commission shoidd be a]ipointed in tiuu' to commence its work this season, and (liat your Covernment would, on that account, use their utmost elforts to expedite (he signature of the Arbitration Convention. I now have the honour to inform you that 1 have this day received a telegraphic rc])ly from his T^ordship, in which, while convt\irig to me authority to sign the proposed Agreement for a innrlus viinuii contained in your note of the i)th .hme. Lord Salisbury desires me to place on record that it is signed by me on the clear understanding that the Joint Commission will be apjM,inted without delay. On (hat understanding, therefore, I shall be prepared to attend at the State Dcparlment, for the purpose of signing the Agreement, at such time aa you :nay be good enough to appoint. I have, &c, (Signed) JULIAN PAUNCEFOTE, 39 Inclosurc 2 in No. 63. Mr. Wharton to Sir ./. Pdiiiiccfote. Sir, Department of Slate, Washington, Jiuir l.'i, ISDl. TIIH I'rositlcnt directs mo to say, in rcsjionse to your note of this date, that Ills assent to the jiiopositioii i'or a Joint f'oninii>sioii, as expressed in my note of the '.)th June, was ^-iven in tiie exiici'talion llial hnlii (Idvi'mimnts woidd use every jjroper elfort to adjust the reniaiiiini;- ])oiMls dt' diUcvcnee in tiic ucncral correspondence relating; loarhitration.and to afrree upon llie delliiite terms of a siibndssion, and of the appointment of a.Ioint ('oniniissinn, wiliiniit niiiieccssarv delay. He is tjlH'l thai an aurcenieiii has hiially heen readied for tlic ]icndinu; season, and I lie^- to say that, if you will call at the Department at ]<) o'clock on Monday next, I will lie ;;lad to put into writiii'r and ^ive formal attestation to the viodun viienili which lias heen agreed upon. I have, &c. (Si-ned) W. F. WHARTON. No. tJ4. X/r ,/. Pdnncefoti: to the Marquis of iialinljuni. — {Received June 25.) My liOrd, Washimjton, June IG, Ib'Jl. I II.W'I". the lionoiir lo transmit here vitli co]iy of the Aicreemeiit for the modus lii'pndi ill lielirinu's Sea, which 1 .-.iirned yesterday in aecordanee with tlie instructions oontaiiieil in your i.ordsliii)'^ I'Kvram of llie I l(ii in>iant. 1 will forward the orij;inal Agreement bv iieM mail. 1 have, &e. (Si-ned) JULIAN PAUNCEFOTE. Inclosurc in No. (11. Agreement between the (Jovernment of Hit llrilannic Majestij and the Government of the United Slates for a .Modus Viveiuli /// relation to the Fur-seal Fisheries in Behriny's Sea. FOR the purpose (>f avoiding; irriiatinn; diilercnces, and with a view to promote the friendly settlenvnt of the (niesiions pending hetween the two Governments touching their respective righis in Heliriiig's Sea, and for the preservation of the seal species, the following Agreement is made without ]ireiiidiee to the rights or claims of either pirty: — 1. Her Majesty's Uoverimieiit will jirohihit, until May next, seal-killing in that part of H(diring"s Sea lying easiward of the line of ilemarcaiion descrihed in .Article I ot the Treaty of ]sij7 hetwem the United Stales and Kiis^ia, and will pron!;,i y use its best ellbrts to insure the observance uf this proliiiiitioii li\ I'ritish subjects avfi vessels. ■J. The United Stales' (iovernnieiu will prcdiibit seal-killing for the s^mmc period in the same part ('(.) to be taken on the inlands for tli' '".slisistence and care of the natives), and will [)r()iiii)tly use ils best r1b>rts to insure the obser-. mce of this prohibiliiin liy United States' cili/.eiis and vessels. ;i, liVery vessel or person oHending against this proliiliition in the said waters of Dehring's Sea outsidr' of the ordinary territorial limits of the United States may be sei/.ed and detain 1 by tiie naval or other duly commissioned ollicers of eilluT of the High Contracliiig Parties, Iml the,\ shall be handed over as soon as jjraetieable to the authorities of the ii.ition to "hiciriliey resii'_'elively belong, v,ho shall alone have jurisdic- tion to try the ollonce and impose the [lenalties lor the same. The .Un.. and proofs necessary to establish the oilence shall also be sent with them. 4. in order to facilitate such proiier impiiries as Her ^lajcsty's Governineui may desire to make, with a view to the iireseiilation of the Case of that (Jovernment before Arbitrators, and in expectation that an Agreement for arbitration may be arrived at, it is agreed that suitable persons designated by Great liritain will be permitted at any time, upon ajiplication, to visit or to remain upon the seal island.s during the present sealing scasou tor that purpose. 40 Signed and scaled in duplicate at Washington, this 15th i\i\y of June, 1H!)1, on l)ehaH' of their respective GoverniiKMits, Iiy Sir Jiiliim I'linncel'ote, (J.C'.M.d., K.fM!., llcr Uritaiinic Majesty's ICnvoy Kxtnidrdinary and Minister I'lenipotenliary, and William F. Wharton, Acting Secretary of State of the United States. (Signed) JULIAN PAUNCKFOTE. WILLIAM F. AVILVUTON. No. 05. Sir J. Pauncefole to the Marquis of Salisbury. — {Rcceirod June 25.) My Lord, Washiinjtov, .June Ki, ]S!)l. Wri'H reference ' my telegram of yesterday's date, I have the lionour to transmit herewith to your Lordship copy of the i'roclaination wiiicli lias heen issued hy the President giving etlcti to the Agreement for a riinilus i-ifendi in Hehring's Sea for the I)rescnt season. I liave, &c. (Signed) .lULIAN I'AUNCEFOTE. Inclosurc in No. 66. Modus Vivendi respecting the Fur-'«'fil Fisheries in lieh ring's Sea. By tue Pkesidest of tui: Umtku Statics of AMiiuicA. A Prorlatnntion. WHEKEAS an Agreement for a ynndus rivendi hctwcen the Ciovernment of the United States and the (iovcrnmenl of Her Iiritannie Majesty, in relation to the fur-seal tisheries in Hehring's Sea, was eoncluded on the loth day of .Fiine, in the year of our Lord 1891, word for word as follows : — "Agreement between the Government of the United Stales and the Governiiicnt of Her Britannic Majesty for a Modus Vivendi (;i relation to the Fnr-i:ral Fisheries in Behring's Sea. " For the purpose of avoiding irrilatinir diflerences, and with a view to promote the friendly settlement of tiie questions pending hclween the two Governments touching' their respective riiihts in Hehring's Sea, and tor the preservation of the seal si)ecies, the following Agreement is made "ithoul i)icjiuliee to the rights or claims of eitiier party. "1. Her Majesty's (iovernment will piojiihit, until .May next, seal-killing in "liiat part of Hehring's Sea lying eastward oi' the line uf dcmaicatinn lUscrihed in Article i of the 'I'reaty of 18(i7 hetween tiie I'nileil Stales i\nd Kns>ia, and will promptly use its best fflbrts to insure the observance of this ])rohibition liy Hritisli siili'iects and vessels. "2. The United States' (Iovernment uill prohibit sral-liilling iVu the same period in the same jiart of Hehring's Sea, and on the shores and islands thereof the jjroperty of the United States (in e.\cess of 7,50U to be taken on the ishuids for the subsistence and care of the natives), and will pronijitly use its best ell'orts to insure the observance of tliis prohibition by United States' citizens and vessel.s. "3. Every vessel or person oli'ondiiig against this prohibition in the said waters of Behring's Sea outside of the ordinary territorial limits of the United States may be seized «ud detained by the naval or other duly coniinissioiied ollicers of either of the High Contracting Parties, but they shall be handed over as soon as practicable to the authorities of the nation to which they respectively belong, who shall alone have jurisdic- tion to try the offence and impose the penalties for the same. The witnesses and proofs necessary to establish the oifence shall also be sent with them. "4. In order to facilitate such jirojjcr inquiries as Her J\Iajesly's Government may desire to make, with a view to the presentation of the Case of thai Government before Arbitrators, and in expectation that an Agreement fday's dntc, tliat the formal permission to Ucr Majesty b Commissioners to land on the Pribylofr Islands -.nil l)c sent to me fo-dnv. I propo.se to send thin permission to Coiisul-Goneral liookcr, airi li> ii-^tjii. I. liiin to delivir it to Sir George JJadcn-i'owoil ininicdialely on the arrival of tiio luller in New York. No. 70. Sir J. Pauneefotf to the Marquin of Salisbury. — (lieceived June 23 ) (Telegraphic.) Washimjion, June iiO, 1891. WITH reference to my telcc^ram of (o-dny, I have just reeeivcd the formal permission fi)r the Commissioners to visit the seal islands. It consists of a h'tter from the i\ctin!:; Seeretary of the Treasury to Mr. Williams, (he Special -Aijent in eliarf,'e of the seal fir^heries, instrueting him to nllord !Sir (!. l'ii«ell and I'rofessor !)awsoii the facilities desired to cnahlc them to aceoniplish the ohjcct of their mission as defined in Article 4 of the modus riveniH of the 15th instant. No. 71. The Marquis 0/ Saliiburt/ to Sir J. Pnuncefote, Sir, Forrign Office, June 20, 1891. I HAVE received your despatch of the 12tli instant, iiidosiuf,' copies of corre- spondence witli the State Department relative to the Agreement for a modus vivcndi in Behring's Sea. Tour notes to the Actinjj Secretary of State on this subject are approved hy Her Majesty's Government. 1 am, &c. (Signed) SALISBURY. No. 72. The Marquis of Salisbury to Sir J. Pauncifole. Sir, Fnrflrjn Office, Jane 20, Iftni. WITH reference to your telegram of (he L'lst instant, and to my reply of the 22nd instant. I transmit licrewith. for your information, and for communication to the Government of the United States, a copy of the tele;;ia))hic in.-itruetioiis sent to the Senior British Naval Officer on (he North Pacllic Station with regard to the steps to be taken to prohibit the killing of .seals in certain specified portions of Uchring's Sea.* I am, &c. (Signed) SALISBURY. No. 73. Sir J. Pnuncefote to the Marquin of Salisbury. — {Received June 27.) (Telegraphic.) W'asliliiytoii, June 27, 1891. AVITH reference to my telegram of the 2otli instant, relative to the Behring's Sea arbitration, I venture to submit, for your Lordship's consideration, the following clause dealing witii the (juestion of compensation, in.stead of that jiroposed by the Acting Secretary of State in his note of the 2i-)th : — "Aiticlo 7. Either Government may submit to (he Arbitrators any claim for compensadun which it may desire to i)refer again-t tin' other Government, in respect ot any losses or injuries, in relation to the fur-seal fishery in Behring's Sea, for which such other Government may be legally liable. "The Arbitrators shall decide on the legulify of every such claim, and if it .shall be cstabli-hi li, they may award such compensation as in their judgment shall seem equitable." If the above meets with your |Lordslii])'H approval, may I sound the United States' Government as to whether tiiey are prepared to accept it r * Incloiure in Ho, 44. 48 No. 74. The Marquis of Salisbury to Sir G. UaderfPowell and Dr. Dawson. Gcnd.Mncn, Foreign Office, June 27, 1891. I IIAVR to inform you thnt a tolcijnim lias I)ocn rcreivud this morning from Her Mnjesty's Miiiistor at \\ iisliinj^'ton slating tli.it lie has rccfiveil tin- roniuil pormissioti of the tJovoriiincnl of tho UiiiU'il Stati's for ^our visitiiii,' tliu sual islamls in IJciiriiig's, l:?ca, under Article 4 of tii'- inntliis viivmli A^^reonient si^^neil at Washinj;tcn on the 15lh instant. It consists of a letter to the fiovernnieat A^^'iit in charge of the islands, directing him tc ftlfiird yon every tacility in the aceomiilishinent of yoiir mission. Sir .lulian raiiiicefote jiroposes to forward this letter to the care of Her Majesty's Consul-CJeneral at New Yor!;. fir pre--.cntative of the Minislry for Foreign Affairs, M. Wyslmiakoff, the llndei -Secretary of the Minislry of Domains, as the Representative of that Department, and Admiral 'ritiichelf as the Repieseutative of tiie Minislry ol' Marine. He promised to let me know as soon as the result was come to, but as yet 1 liave heard nothing from him. He wa.-i himself, no less than M. dc Gicrs, most strongly in favour of Russia's joining in the proposed aclion not only for the sake ot .'i year's close season, Inil beeau>e, if the Uussiau (Joveriinienl did not join with us and herself enforce a clo.se season, the sealing boats driven out from the waters to the cast of the line of 1807 would all swarm westwards and make war on Russian seals. The present dilHculty seemed to he that the Ministry of Marine refused to provide the coals necessary for the n;ival operations ; light eruizers would not sulfice ; one large inati-of-war at least wi h' be recpiired to accompany the eruizers, and act as a central jioint from which to di; l the operation; of the latter, but this wmild require her to be continuously under .steam for several months, and this was an expense which at present they were not prepared to meet, but he had every hope that the matter would nevertheless be settled in a satis- factory manner. I have, &c. (Signed) R. B. D. MORffiR. P.S. Jiiitr 24. — I have not yet heard from M. Shishkine, and having called at the Ministry to-day, which is the ordinary day of reception, I did not find his Excellency in. R. B. D. M. [572J G2 No. 76. Sir J. Pauncefotf to the Mar ii copy of the note wliieh I received from the Actin<; Secretary of State, communicatins the above-mentioned instructions, I have, &c. (Signed) JULIAN I'AUNCEFO I'E. Inclosurc 1 in No. 76. Mr. Wharton to Sir J. Pauncefote. Bir, Department of Stall', Wnshiiujiiii nr 20, 1891, I HAVE the honour to transmit to you herewith copies of flie in-- .'tionstliat have been issued by tiic Secretary of the Navy in pursuance of the IVoclaniation of the President, of the 15th .June, 181)1, relative to the modus rivcudi respecting the fur-seal fisheries in Behring's Sea. This Government would be pleased to receive, in exchange, copie.-i ot such instructions as may be issued by Her Britannic Majesty's Government on the same subject. I have, &c. (Signed) W. F. WHARTON. Inclosuro 2 in No, 76. Mr. Tracy to Mr. Wharton. Sir, Navy Department, Washington, June 19, 1891. I HAVE the honour to transmit herewith a <.opy of the instructions which have been issued by the Navy Department in pursuance of the Proclamation ot the President of the 15th Jur , 1891, containing the modus viiendi, with a view to their exchange, should it be decme desirable, for a copy of such instructions as may be issued by the British Governmen ; n the same subject. Very respectfully, (Signed) B. F. TRACT, Secretary of the Navy. Inclosure 3 in No. 76. Mr. TraCj lO Commanding Officer of United States' Steamer " Thetis," San Francisco, California. (Telegraphic.) Washington, June \t', 1891. PROCLAMATION of President closing Behring's Sea has been telegraphed to Collector of Port of San Francisco. Make immediate application for copies as soon as received; proceed with "Thetis" to Sand Point, Popoff island, distribute the Proclama- tion among the sealing vessels. Warn master of each vessel to whom you may deliver Proclamation that name of vessel has been taken, and that vessel will be liable to captun.' if found to have been or to be sealing in Behring's Sea east of the line of demarcation ; after notice, furnish all United States' and British vessels of war and revenue-cutters with lists of vessels warned. Remain in neighbourhood of Sand Point until receipt of further instrnctions, which will be sent by " Marion." Receive on board and transport to Sand Point C. H. Bullard, Deputy Collector of Customs, but do not delay sailing on his account. * SubiUnce ulegraphed. 45 Inelosurc I in No. 7' 18!U. of the of the iicrit for nlsliij) II nioutin'r Mr. Tracu to Commandinij OJflrer of United filnte.i' StPiimrr " Mohican," San Frnnritco, Califorjiiii. (Tt'lotrrnphic.) " IVdnhimiton, Juw; IS, \fi[)]. ()]Vr\\\ iinmcdiiiti'ly frnni Coll color of Ciistoins, Snii Fiam-iNco, priiittvl co])ies of President's i'roc'lnniiiliim in refcienct; to Ik-liiinp's Sen. On rceeiiit of sut'li copies jiroeeed witii all dispiilcli to the vicinity of llu! Pril)yi(ili' Islands, .St. I'ftul and St. Geor;;c. .S'otifv all Atnerican and 15iiti-.li pir-ons inid vessels you meet of the Procliiimtion, and (five tlieni eopies of tlie ^anie. Warn all [lerscns and vcsroIs of either nationality oiifiajjed in sealin;; in I'ldirin^r's J^ea ea.st of the line of diinarcation. as shown on Hydro;;rapliic Oftiee Chart .No. (.•*, to leave those waters forthwith. Make entry of wnrnin;,' on re;iist{'r or Ir);^ of sealer. Seizt> any .Ameriean or Kritish piisons and vessels found to he or to have heen enj;a;,'ed in scalin;:, after notice, within the prohibited waters, and hrin;;: or send them in cliai;;e of a sullieient force to insure delivery to nearest convenient port of their own country, totfether with witnesses and prools, and there deliver thcin to proper odieer of Court in said port. Send, at least, the master of the seized vessel, her mate or hoatswain, all her ear;fo, and sucli of her crew as you deem safe, in the seized vesse' At time of seizure, draw up declaration in writiufr, showinj; condition of seized vessel, place and date ol seizure, gixiii;,' latitude and lon;;ilude, pnii circumstances showitif; jruill. Si;;!) declaration, and send with sliiji's papers and seized vessel to ollicer of Court. I'eliver to master of seized vessel si^'ned and certified list of l)a|)ers •iniud on hoard. Ofiicer in eharj;e of seized vessel \>iil, at time of delivering; vessel' ipers to (.'ciurt, si.L-n a ccrtilicaie stating any elianges that may have taken place in resp. ct to vessel, crew, or carjio, since seizure. Keep a list of all vessels towhicii notice of Proclamation has been given, and furnish till United States' and Pritish war or revenue vessels with copies of list. Pcfore siiliny; get order from .Alaska Commercial Company, San Francisco, to coal at Unalaska. After two weeks' cruizing in neighbourhood of Prihylolf Islands, rendezvous at Sand Point, Popoll' Islands, one of the Simmagin group, with " Tlietis" and " Alert," and await there further instructions by " .Marion." Furnish copy of this order to Commanding Olliccr of "Alert," and direct him to comply with it. Inclosure 6 in No. 76. 3/r. Tracy to Commander Cotton, commanding United States' Steamer " Mohican," San Francisco, California. (Telegraphic.) IVnshington, June 16, I89I. U>J'riL furtl'.er i- structed, you are placed in command of all United .States' vessels of war cruizing in the neighhourhood of Ik'liring's Sea, and you will distribute the force in such manner as in your judgment will best enable yon to comply with the orders of the Department, and the requirements of the President h I'roclamation. Instruct vessels under your command to send all seized persons and vi ssels to Ounalaska, to which point chartered steamer will be sent from San Francisco witu marine guard. Steamer will be at your disposal. Instructions have been sent to revenue-cutters to turn over persons and vessels seized by them to you at Ounalaska. Utilize the chartered steamer to the best advantage to assist in executing the Prodanuition, and to band over as soon as practicable all seized persons and vessels to authorities of nation to which they respec- tively belong. Orders directing "Thetis," "Alert," and " .Mohican " to rendezvous at Sand Point revoked, "Thetis" will jirocoed to Sand Point as directed to distribute Prochunation and give notice, and will proceed thence to Ounalaska inunediately after departure of British steamer, whicli visits Sand Point about 1st .July to bring home coast catch of seal. " Mohican " and " Alert," after cruizing two week.s, as previously directed, in Rebring's Sea. will rendezvous with "Thetis" at Ounalaska instead of Sand Point. " Marion " will sail later, and join your command at Ounalaska at about same time. Has " Thetis " already sailed? If so, you must communicate with her at Sand Point, where her orders of yesterday directed her to await your arrival. On receipt of this order, proceed immediately to Ikdiring's Sea with •' Thetis," " .Mohican," and " Alert." Telegraph departure. No. 77. Sir ./, Piiioicpfotn to the Marquis of Salisbunj. — (Rereircd July 2.) My 1.01(1, n'li.iliinijinti, June 22, 1891. 1 ITAVH tlie honour to inclose, with referenco to ])ris, and agreed to pay to the United States a sum three times greater than paid by the former lessee for said privilege, which proposal was accepted i)y the United States, and a lease was thereupon executed and delivered in accordance with said proposal submitted hy said Conijany in response to said advertisement. "That thcreupoii said Company, under directions of the Secretary of the Treasury, purchased from the former lessee, the Alaska Commercial Company, its plant, property, and fixtures on said islands, including a large number ol dwelling-houses for the native inhabitant'^, .-dso warehouses, storehouses, salt houses, mcreliandizc, goods, provisions, hoats, and implements, and paid therefor a large sum of money. Said Comjiany at the same lime purchased a largo stock of supplies, provisions, goods, and merchandize for the wants of the inhabitants of the islands, and chartered a steam-ship at great cost for the purpose of transporting said supplies from San I'rancisco to the seal islands, a distance of over 2,000 miles, and to bring back to San Francisco the 00,000 seal-skins, which, by its said Contract, it had been authorized to take during the season of 18U0, and lor which it incurred a great expense. "Said Conijiany further represents that, in violation of the terms and stipulations of said Contract without good cause therefor, and without any assertion or pretence by the United States or it.-i Agents that said Company had been derelict or at fault in any respect, the United States compelled said Company to cease taking seals on the 20th day of July, 18'JO, when the sealing Beasou had not expired, and when Hoid 47 Company had obtained only one-third of tlie quota of seal-skins whirh by law and (lie (einis of said Contract it na^ .•niUiorized lo tnko, and tlien and tliere proliibited said Company from taking- any additional number durinu; -aid year, on aeeoimt of ;vhieli said Company sustained a loss in the sum of 400,000 dollars. " Said Company tnrther represents that at the time it wiiB eoni])elled to stop Irikint;; seiils at said island.^ it earnestly jirotcsted a^ijainst sueli action by the United States, and has eontiiiued to protest, and now ajjain submits its formal protest against the action of the United .States in preventing; it from takin;;- its (piolaof seal-skins it had a right to take by lav; and by the terms of said Contract. And said Com])any rospeetfully suhinits that it is justly entitled to receive from the Uinted States such a stnii as will compensate it for the loss it has sustained on account of the action of the United States, as :i foresaid. "'^. Said Company further re]>rcsents that, acting: under the authority of law and liie provisions of said lease, the ^'ecr^■tary of the Treasury, on the 1 iUh day of April, I8'.)l, determined and fixed liic cpiota of seal-skins which said ( 'ompan; would bo i)ermitted to lake on said islands, accordin:;- to the jjrovisions of said Contract, during the present year, at ()0,0G0 skins; and that, relyiuj upon that assurance, said Company again purchased a large stock of suiiplies to (he amount of (!,'), 000 dollars, and chartered a steamer at great expense to transport said supplies t(> the seal islands for the maintenance of the native inhabitants, and to bring to San Francisco the Gi»,000 seal-skins which it had been autliorized to take during the present season. "And now, said Company having been notified by the Secretary of the Treasury that it will not be i)erniittcd to take its said quota of 00,000 seals during this year as it is authorized to do by its said Contract, and by the express direction of the Secretary aforesaid, and it respectfuily eiders its protest against such action by the United States, and gives notice to the Honourable (he Secretary of the Treasury that it will claim to be reimbursed by the United States to (he full amount of the loss it may sustain by reason of its being jjrohibited by the United States from taking its full (juota of fiO,O0f* seal- skins during the year 1891. "3. Said C(iul to the Honourable the Si'cretary of liie Treasuv) that its right-s ha e been overlooked by said Agreement iict ween the two (Jovernments, in that it deprives the lessee from taking seals which it is aulhori/ed to take by law and its Contract with the United States, thereby intlicting a severe loss upon said Company, in order to obtain the consent of i-^iiglaiid to arbitral j the question as to tlie right of Canadian jtojicliers to destroy the seal industry by pelagic sealiug." 48 Inclosure 2 in No. 77. Extract from the "New York Times" of June 20, 1801. TiiKCoMMF-uciAliCoiiiPAXT ruoi'ESTS. — TlicXdrtli American CDiiinicrcial Company lias entered its protest against tlio assent of tlie United Stales' Government to the closed season for sealing in Belirintf's Sea, and has •i.iven notice that it claims to he indemnified hy the Government for its losses not only for this year, hut last year, in having; the niimher of seals that it was ))crmitted to take nnder its Contract cut down. It is evident that the Company which, took the lease of tlie sealing privileges of the Islands of St. George and St, Paul for a term of twenty years from the 1st May, 1890, 1ms a rather hard Ijargain. It is l)ound to incura considerahlc expcn-e in maintaining the natives, without reference to the nuniher of sldiis taken; and it invested quite a large amount in the "])hint" and property purchased Irom its predecessor. The preparation of eacli season's work is, of course, an expensive matter. The terms of the lease give the Secretary of the Treasury discretion in determining Ihe numher of seals that may be taken each season. Last year the nuinher was fixed at 00,000, but, on the 20lh July, the operations of the Company were stopped by the Agents of the Government, when only a little more than one-third of the allotted number had been taken. This year the Secretary of the Treasury again, on the 13th April, issued an order permitting the capture of 00,000 seals, and preparations were made by the Coni])any accordingly, IJut under the closed-season Agreement the number has been cut down to7.">00, .suthcient merely to cover the cost of maintaining the natives, Xow the Company claims that the (Government had no right to reduce the number after it had been once fixed for the year nnder the contract of lease, and it will claim to be indemnified for its losses. It says that the loss last year was 100,000 dollars, and, of course, it will be much larger this year. besi'!. > this, tJie Company asserts that it has expended 150,000 dollars in the maintenance and education of the natives, which should he reimbursed. It seems likely, therefore, to have a nice little claim upon the Government for l,00i>,000 dollars or more. The Company, through its counsel, has some remarks to make about the inter- national and jurisdictional aspects of the case, which are sheer iin])erlinenee. .'\s to its legal claims, not being familiar with the exact terms of the Contract, we shall not under- take to pass an opinion, Ajjparently, the Secretary of the 'i'rcasury assumes that his discretion to fix the number of seals to bo taken from year to year, and to supervise and regulate the killing, includes the right to reduce the number at any time during the season, while the Company denies this. But one thing is very dear, if it was found necessary last year to stop the Company's operations in .July, when only '.: 1,000 seals had been taken, it was very poor jiolicy tliis year to fix the limit again, before Ihe season opened, at 60,000, and that, too, after the ijrojiosal for a closed >eason had been made and negotiations were on foot for giving it effect. iOoes it not look as th;nigli the Govern- ment itself had preimred the way for this claim lor a large indemnity in case an Agreement for a closed season should be made? Is not this protest another step in Ihe process of laying the basis for a 'laim upon the Guvemmenl e(|uivalcnt to the profits of a full sealing season of which the order permitting a catch of 00,000 seal.'? was the fiist step ? If so, it may be that Mr. HIaine, by his delays and his influence, succeeded in doing his friends of the North American Commercial Company a very substantial service after all. No. 7>^. Sir J. Pauncefote to the Marquis of Siilishunj. — {Receired July 2.) (Extract,) Washington, June 23, 1801, Wrril reference to your Lordship's telegram of yesterday's date, containing the instructions issued to the British crui/.crs in Belning's Sea, I have the h'/nour to inele-^e copy of a Memorandum which I this day personally delivered to the Acting Secretary of State. 49 Inclosure in No. 78. I Company ?nt to llie linis to bo st yoar, in t cut down. !;ecntion of the modus livendi. No. 79. ■ • - ■ Sir J. Pauncefote to the Marquis of Salisbury. — {Received July 4.) (Telegraphic.) Washinglon, July 4, 1891. I HAVE the honour to inform your Lordship that Mr. Wharton, the Acting Secretary of State, has addressed to mo a note stating that the President is about to designate two persons to visit the Behring's Sea for the purpose of examining all questions connected with seal life in that sea and the adjacent waters. Mr. Wharton, therefore, proposes that arrangements should he made to have the Agents of the respective Governments go together, so that they may make their observations conjointly. He awaits suih communications as Her Majesty's Government may desire to make on the subject. Mr. Wharton informs mc by word of mouth that the Agents whom the President is about to appoint will bo nominated as members of the Joint Commission, and as he presumes that the same course will he followed by Her Majesty's (Jovernmcnt with regard to Sir G. Baden-Powell and .Mr. Dawson, tiie object of tlie proposal is that all the members of the Joint Commission should have the advantage of making the necessary investigations and inquiries in the course of the present seal fishery season. I await instructions from your Lordship as to the reply I should address to the United States' Government. No. 80. ) 2.^ 1801. )nlaining tlio ur to incliisc, ing Secrcliiry The Marquis of Salisbury to Sir J. Pauncefote. (Telegraphic.) Foreir/n Office, July 5, 1891. I HAVE received your telegram of ycsterd.iy, forwarding the proposal of the United States' Government that the in(iniries respecting seal life in Behring's Sea should lie conducted conjointly by the British and United States' Commissioners. Her Majesty's Government have already chartered a shii) to convey the British Commissioners, and they could not now cancel the enga;::'.Mnent. Instructions will, however, he sent to the British Commissioneis to eo-o|>erate as much as possible on their arrival at the seal islands with the American Coinniissioners in their inquiricis into the matters to be investigated. [5,2J 60 No. 81. Sir J. Paunccfole to the Marquis of Salisbury. — (Received July 6.) My Lord, Wiixhiuyloii, June 2C,, ISfll. IN my tck'pi'.im of tlic 15tli inslanl. I bad the honour to r('i)ort the signature of the Agreement between Her Majesty's Government and tliat of tlic Uniled States for a modus vivendi during tlie present fur-seal fishery season in Beliring's Sea, and I added that F was awaiting an appointment to proceed with tlic discussion of tlie terras of arbitration. Imuicdiately after the signature of tlie modus vivendi, I had requested the Acting Secretary of State (the Honourable William Wharton) to appoint an early day for resuming the above negotiations, and lie promised to use .all expedition for that purpose. The next day (the 16th) Mr. Wharton invited me to call at the State Department, and to my surprise informed me that the President was compelled to devote the next few days to other urgent matters of Stated and had made arrangements to leave Washington immediately afterwards for his sea-side residence at Cape T.lay, but that he would return on the 23rd, and would be prepared to proceed with the remaining subjects of negotiation. I expressed my concern at this unexpected delay, which I feared might prevent the appointment of the Commission in time to commence its labours during the prcKcnt iishery season. 1 reminded Mr. Wharton of his assurances that the President «as anxious to expedite the conclusion of the Arbitration Convention in order that the Joint Commission should not lose this season, and I strongly urged that he should obtnin authority to proceed with the negotiations during the aiisence of the President, whereby a whole week might be (*aved .nt a time when every day gained would be of imporlance. Mr. Wharton promised to report my observations to the JVesident, and 1 called again at the Department of State on the 18th in the hope of obtaining a favourable reply to my proposal, but I was informed that my re))reseiitations had been of no avail, and that the President would not consent to the negotiations being resumed until his return from Cape May. The President returned to V/ashiiigton on the 23rd, and on the followipg day I called on Mr. Wliarton to urge the immediate resumption of the negotiations. Ho promised to see the President at once on the subject, and yesterday evening I received from him the official note of which I at once telegrai>lied the substance to your Lord- ship, and of which a copy is inclosed in my se])arate despatch No. Ill of this date. In that note Mr. AVharton submits, on behalf of the President, the text of two new clauses in the proposed Arbitration Convention with reference to the questions of an international close season, and of the claims for compensation, and also proposes a foim of a separate and contemporaneous agreement for a Joint Commission. I have, &c. (Signed) JULIAN PAUNCEFOTE. No. 82. Sir J. Pauncpfote to the Marquis of Salisbury, — (Received July G.) My Lord, W'ashini/lon, June 2(>, 1891. WITH reference to my telegram of yesterday's date, I have the honour to inclose herewith a copy of a note which 1 received yesterday evening from the Acting Secrelarv of State, in answer to the Memorandum (see my despatch of the 5tlj June) which 1 eom- municateJ to him on the fird instant in conformity with the iii.structions contained in your Lordsbiii's telegram of the L'nd instant, on the subject of the Ik'hriiig's Sea Arlii- tration. I have, &c. (Signed) JULIAN PAUNCEFOTE. 61 Inclosure in No. 82. Mr. Wliarlon to Sir J. Paiincefote. Sir, Waxhiiiijloii, June 25, 1891. THE correspondence between tliia Government and that of Her Majesty has liappily resulted ia an Afircenient upon tlio first five propositions whicli are to constitute the basis of a proposed Arbitration relatinj^ to th'j controversy which lias arisen as to the respective rijiilits of the two (Joverninenis in Ikhring's Sea. In liie note of Lord Salisbury of tlie 21st February last he states his objection to the sixth proposition, as presented in the letter of Mr. Blaine of the 17th December, 1800, in the following words : — " The sixth question, which deals with the issues that will arise in case the contro- ver.sy sliould be decided in favour of Great Britain, would perhaps more fitly form the substance of a separate reference. Iler Majesty's Government have no objection to referring the general question of a closed time to arbitration, or to ascertain by that means bow far the enactment of such a provision is necessary for the preservation of the seal s|)ecies, but such reference ought not to contain words appearingjto attribute special and abnormal right in the matter to the United States." r am now directed by the President to submit the following, which he thinks avoids ihe objection urged by Ijord Salisbury : — " No. G. If the determination of the foregoing questions as to tiie exclusive juris- diction of the United States shall leave the subject in such position that the concurrence of Great Britain is necessary to the establishment of ileguiations for the proper protection and preservation of the fur-seal in, or habitually resorting to, the Behring's Sea, the Arbitrators shall then deierminc what concurrent Regulations outside the jurisdictional limits of the respective Governments are necessary, and over what waters such Regula- tions slio\dd extend, and to aid them in that deterniination the Report of a Joint Conmiission to be a[)i)ointed by the respective Governments shall he laid before them, with such other evidence as either Government may submit. "The Contracting Powers furthermore agree to co-operate in secuiing the adhesion of other Powers to such Regulations." In your note of the Srd instant you proposed, on bohalt of Her Majesty's Govern- ment, Ihe following Additional Article : — " It shall he comiietent to the Arbitrators to award such compensation as, in their judgment shall seem c(iuitable, to the subjects and citizens of either Power who shall be shown to have been damnified in pursuit of the industry of sealing by the action of the other Power." The President cannot give iiis assent to this form of submitting the question of compensation. It entirely omits notice of the important fact, that the Government of the United States, ;is the owner of the seal fisheries on liic I'ribyloll' Islands, has interests wiiich have been injuriously aflected by the pelagic sealing of which complaint has been made in tiiis correspondence. This Government has derived a very large annual income from this property, and this income has, in the opinion of the Presitlent, been very seriously imi)aired and imperilled by the destruction of the seal in the sen while passing to and from the breeding grounds on these islands. The Government of Her Mnjesty has directly interposed to supjiort the Canadian sealers, and will not, the President assumes, desire to avoid responsibility for any dania;.;es which have resulted to the United States or to its citizens if it shall be found h} the Arbitrators that the jnirsuit of seals by these Canadian ve-sels in the sea was in i. li'Mction of the rigiits and ati injury to the property of this Government. The propos'il submitted by you distinctly limits the liability of Her Majesty's Government in ca> -jf a decision in favour of the Uniteil States to com- pensation to the citizens of this country. It will be apparent to Lord Salisbury that whatever damage's have resulted from pelagic sealing as pursued by vessels Hying the British flag have accrued to the United States or to its lessees. The President does not di-ubt that the purpose of Her Majesty's Government in the ))roposal under discission was to seciu'c to the party injured equitable compensation for injuries resulting from what may be found by tiie Arbitrators to have been the unlawful and injuiious act of either (Government. From the note of liord Salisliiry of the 2 1st I'Vbruary, to wiiicii reference has been made, I quote the following:— "There is one omission in the^e (luestions which I have no doiiht the Government of the President will be very glad to repair, and that is the reference to the Arbitrator [572] . H 2 62 of the question what damages are due to the persons who have been injured in case it shall be determined by him that tlie action of the United States in eeizing British vessels has been without warrant in international law." I am directed by the Tresident to propose the following 7th and final clause in the basis of arbitration : — "7. It shall be competent to the Arbitrators to award such compensation as in their judgment shall seem ciiuitable to the sui)jccts or citizens of Great IJritain whose vessels may have been seized Ijy the United Slates in the Hetiring's Sea, if such seizures shall be found by the Arbitrators to have been nnwairnnteil, and it shall also be competent to the Arbitrators to award to the Uisiteil States sneh compensation as in their judgment shall seem e(|uitable for any injuries resulting to the United States or to the lessees from the Government of the ])rivilege of taking seals on the Vribyloti' Islands, by reason of killing seals in the Hehring's Sea by jjcrsons acting under tiie protection of the Hritish Hag ()nt>i(leof the ordinary territorial limits and since tiie 1st day of January, 1880, if such killing shall be found to have been an infraction of the rights of the United States." It being understood that an arrangement for a Joint Commission is to be made contemporaneously with the conclusion of the terms of arbitrat'^n, I am directed by the President to propose the following seiiaratc agreement : — "Each Government shall appoint two Connnissioners to investigate conjointly with vhe Commissioners of the other Government all the facts liaving relation to seal life in Behring's Sea, and the measures necessary for its proper protection and preservation. "The four Commissioners shall, so liir as they may bo able to agree, make a joint Keport to each of the two (Jovernnients. and they shall also report, either jointly or Bcverally, to each Government on any [loiiits u|)on which they may be unable to agree. " 'i'he Keports shall not be made public until they shall be submitted to the Arbitrators, or it shall appear that the contingency of their being used by the Arbitrators cannot arise." I have, -ic. (Signed) AVILIJAM F. WIF.MITON. No. S3. Sir G. Baden-Powell to the Marquis of Salislntry. — {Received July G.) (Teleijrapliic.) July G, 1891. IN my opinion it is essential that in order to avoid delay I should take with me to the North Pacific (^cean a permission from the Russian Goveiimient to visit their islands should it seem necessary to do so. I should be glad if it could he sent to me, if possible, by post on the 7tlj instant. No. 84. Tiie Marquis of Salixburij to Sir J. Pauncefote. (Telegraiihic.) Foreign Office, July 0, 1801. IIER Majesty's Government njiprove the wording of the 7th Article respecting compen.salion in the j)rop()sed Arhitruiion Agreement suggested in your telegram of tlie 27tl) ultimo. They have been awaiting the assent of the Canadian Government, which has now been given. Her Majesty's Government accejjt the (itli Article as i)roi)osed by the United States' Government, and communicated in your telegram of the L'5th ultimo. No. So. Sir J. Pauncefote to the Marquis of Salisbury. — {Received July 0.) (Telegraphic.) Washington, July C, 1891. WITH reference to telegram from the Foreign Office of the Gth instant, are the terms of agrcimient as to the Joint Commission referred to in my telegram of the 25th ultimo accepted Ity Her Majesty's Government ? 53 , No. 80. . •■ The Marquis of Salisbury to Sir G. Badnn-Poiiell and Dr. Dawson. Gentlemen, Forciyn Office, .hihj 7, 1*^03 I 'J'RANSMIT bercttith, for your information, paraphrases of tolcfjrams wliicli have passed hutwccn Her Majesty's Minister at Washinijjton and this Departmeid,* relative to a proposal made by the Government of the United Stales timtthe Coniinissioners appointed liy Her Majesty's Government and by that of the United States to visit Hehring's Sea for tile purpose of exaniininj^- into tlie conditions of seal life should do so together, so as to make their observations conjointly. You will already have been informed of the contents of these telegrams by the Governor-General of Canada, to whom they have been repeated by telegraph. In accordance with the assurance given to tiie United States' Government, I have to request that on your arrival at the seal islands you will as much as possible co-operate with the Commissioners appointed by the Government of the United States to inquire into tbia subject. I am, &c. (Signed) SALISBURY. ^0. 87. Colonial Office to Foreign Office. — {Receiced .July 8.) Sir, Downing Street, .Juli 1, 181) I. I AM directed by Lord Knutsford to transmit to you, for the information of the Marquis of Salisbury, the inclosed " Supplement No. 1 to tiio Annual Report of the Department of Fisheries," which has been received from the Govcrnor-Genoral of Canada. I am to request that you will call his Lordship's attention to the passages relating to the seal fisheries contained at pp. 182-4 of this volume. [ am, &c. (Signed) JOHN BEAMSTON. Inclosure in No. 87. Extract from Supplement No. 1 to the Annual Report of the Department of Fisheries. FisuEKiES Statemekt-s and Inspectors' Reports for tue Year 1890. [Printed by order of the Canadian Parliament.] Marine Furs. Tile value of the marine fur products is 510, 111 dollars, l)eing an increase of 157.061 dollars over the past year, due to the following causes: — An advance of 1 dollar per sitin in the price of fur seals, an increase of 11,181 skins in the catch, and an increase of 3,200 in the catch of liair-seais. I append a schedule, showing the detailed catch of the scaling lleet for the season of 1890:— • Nos. 7!) aii.l 80. S4 S > a C3 o o (A a ^3 53 >'. « ^ • = ^ r° -^ •5 t« .S f ■-." irf rS ^ r^ r^ Cl" ^ C» •-•'<-* C* t-l ^ r-l^ wS ^^ -* rS Ci o « o o o U5 t* O »o " :5 o c< © o o o •-« I- O ..'? ^ I- lO O O -* *! Ci ■— -T V (•• <^ 1^ r- ^ C- * . T "f -hO —. i-ci«T»ac^-3^coc*aoaoO'--CJtoo — oo-rr- i.'i ^ . r^ QO CO t- '-T oc U5 I- o o o CO o CI CO rs CO r- c» «5 1^ I- i?l Ct O -f« -f O tl CO to O CD »0 CS ■?! • *-D CI (N o o m CI o *o CO ''O , r- ^ • ciw«cic»«-< ^cO'-'Weo ,^^^.-4 ,O»«5a0C< — fOOOOCitOt- »- CO C^ ^ « eO .-• •- o r^ ra 0) rfi tt a tr. o o c: O i r7^ o c: r! -t-' ^ u rri n C) o a C3 U C3 o ffl © O ■ © O o o © o .1.0000 . T T '-O O o o en t3 « 3_ ;a -?. S g I' « tooooooooooo oooo«oooo oooooo lOoooctooo .oooooo , I-" i' •-• I- fr- ^ -* i-1 . (^ o ^ •-••-< ^ S o s .0 rt 5 e 1 CR B s i a £ 6 n is" c3 o . .J a. s c fl gtg-^cTSgg ■?g'ogs. JslJi^S' * . — — u s . .••••■ ■•..O'C* SP.. . ■■« .9 " ; •5 = Tt-S i sag-. «sgj,« •j O 4-> U :-s,.^ s i:=EJ1.§ s 55 o o CI cT 2 n 00 : CO • o to : • ao to o : : : : 1* o : : o CI ' • CI 1 i "3 e2 Retdbn showing Fur-Scals caught by Foreign Vessels and ilisposed of in Victoria, British Cohimbia. 1 Niinic of Vr■^(•l. N:nn<' of ()*viicr. t Number of l?aM(l Point Culeh. Niini' cr ()f Belirin;; Sea Cauh. Tot;i! N'umlxT. Mnttie T. Dyrc . . San Diego Geo. R. While .. Harry Davia . . . . . . Venture Adcle Araericnn Dilto .. Ditto . . Ditto.. Ditto . . German 7^ 220 579 400 1,50U 564 431 74 57U 400 1,500 564 051 Total .. 291 3,464 3,768 It will he noticed that the names of vessels and owners arc given, together with the tonnage, as in previous reports, while the number of boats and canoes is kept separate and the total values given. The value of vessels comprises tlie fit-out with firearms, ammunition, &c., when prepared for a hunting voyage. The calcli of seals lias been divided into three classes, viz. —Spring catch, Siind Point catch, and liehring's Sea catch. The Spring catch comprises the seals c.iptured after tiie vessels have left Victoria, say the It February, bunting as for south as Lower California ; Sand Point catch includes the skins taken oif the west coast of Vancouver Island; and the Bebring's Sea catch those killed in Behring's Sea proper. It will be noticed that the two fiist-nanied kinds exceed the Behring's Sea catch by 3,'J17 skins, and, as is usually the case, I learn from dealers that the percentage of grey pups is larger in the Sand Point catch than in that of the Behring's Sea. On comparing the schedule with that of 1889, it will be seen that the sealing fleet was increased by six vessels; and, from present outlook, there will likely be a much larger increase during the coming season. 1 understand that there have already been purchased three American, a Japanese, and five Nova Scotia schooners for this trade. The names of the Nova Scotia vessels now on their way arc — " Union," " Geneva," " Maud S," " Otto," and " Annie M. Paint," besides a steamer recently fitted up for the same purpose. I was informed that the seals in Behring's Sea changed their feeding.grounds last season from the south-west to the north-east of St. George and St. Paul's Islands, the large catches being made at the north-cast end. The cause of this change is said to be on account of submarine volcanic eruptions, which drove away the feed from the banks. I understand that Customs Collector Alilne, of Victoria, has given a detailed Report on this fishery, and there is no need of my dwelling further on it. As I am situated here, and so seldom able to visit Victoria, I find it extremely difficult to get reliable information. ' No. 88. The Marquis of Salisbury to Sir R. Morier. (Telegraphic.) . . Foreign Office, July 6, 1S91. IT is thought hy the two Commissioners whom Her Majesty's Government are sending to investigate the conditions of seal life in the North Pacific Ocean and in Behring's Sea tliat, in order to complete their inquiry, it may be necessary for them to visit the seal islands belonging to Russia. One of the principal reasons for their doing 80 is that they will have to ascertain how far the alleged diminution in the number of seals is merely due to tbeir emigration to other rookeries. I have to request you to apply for the necessary permission to the Russian Govern- ment, and it is desirable, if possible, that before they leave Vancouver the Commissioners may be able to receive tlie permission by telegraph. Their names arc Sir George BaJen- Powell and Professor Dawson, A steamer has been specially chartered for them in which they will visit the islands. 66 No. 80. •S/V J. Paunce/ote to the Marquis of Salisbury. — (Received July 9.) My Lord, ' n'ashimjton, June 27, 1891. WTl'H n-fcri'iicu to my despatch of tlio 23r(l instant, I havu the honour to report that I ImvL' recoiveil a communication from the Slate Department, dated yesterday, inl'orniini; mi; that the Memoraniluni, copy of which was inclosed in my despatcii nhove- mentioned, relative to tiie instructions given to Her Majesty's vessels in Behring's Sea, was immediately connnunitatgd to the United States' Navy Department for their information. I have, &c. (Signed) JULIAN PAUNCEFOTE. No. 90. The Marquis of Salisbury to Sir J, Pauncefote. (Telegraphic.) Foreign Office, July 9, 1891. IN reply to the inquiry contained in your telegram No. 97, of the 6th instant, I have to inform you that the terms of Agreement as to a Joint Commission, contained in your telegram of the l,'5th ultimo, arc accepted by Her Majesty's Government. No. 91. The Marquis of Salisbury to Sir R, Morier, ' - Sir, Foreign Office, July 9, 1891. I TRANSMIT herewith, for your Excellency's information, copies of a despatch from Her .Majesty's Minister at Washington,* inc osing the Agreement signed at Washington on the 15th ultimo between Her Majesty's Government and that of the United .States for establishing a viodus vivendi in relation to the fur-seal fisheries in Behring's Sea. I am, &c. (Signed) SALISBURY. No. 92. Colonial Office to Foreign Office. — {licceived July 10.) Sir, Downing Street, July 9, 1891. I AM directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, n paraphrase of a telegram from the Governor-General of Canada respecting the suggestion that the members of the Joint Commission should proceed to the islands together. I am, &c. (Signed) ROBERT G. W. HERBERT. Inclosure in No. 92. Lord Stanley of Preston to Lord Knutsford. (Telegraphic.) _ {Received July 8, 1891, 4,-20 p.m.) THI] follow ing message was sent to-day to Sir J. Pauncefote: — " 'i'hc Prime Minister of Canada suggests that the United States' Government should be inl'oniied that the British Commissioners are ready to start, and hope to leave Ottaua en tlie 10th instant. "Will I'nitcd States' Commissioners accompany them?" • So. (U. 67 No. 93. Colonial Office to Forciijn Office. — {Received July 10.) Sir, Dovmlmj Street, July 9, 1891. WITH rcfV'icnce to the letter from this Department of the 9lli instiint, I am directed liy Lord Kniit.sford to trnnsmit to you, for tlie iiiformntioii of the MarquiH of Snlisljury, a C()|)y of a fele<;ram wliifli he has Hi-iit to the (iovernor-Gcncral of Canada respcctinf; the siij^postion tliat the Hritish ond United StatuH' members of the Joint Commission of Expert.s sliould proceed to Behrin^^'s Sea together. I am, &c. (Signed) EDWAUD WIUGFIELD. IncIoBurc in No. 93. Lord Knutsford to Lord Stanley of Preston, (Telegraphic.) _ Downintj Street, July 0, 1891, WE have no ohjeclion to Commissioners of United States' Government accom- panying Britis!) Commissioners, who should proceed in vessel chartered for them without avoidable delay. No. 94. The Marquis of Salisbury to Sir J. Pauncefote. (Telegraphic.) Foreign Office, July 10, 1891. THE Secretary of State for the Colonics communicated to me the telegram sent to you by the Governor-General of (.. anada on the 8th instant, suggesting that the United States' Commissioners should accompany the British Commissioners to Behring's Sea. Her Majesty's Government have no ol)jection to the proposal, but the British Commissioners must go in the ship which has been chartered for them, and should not postpone their departure. No. 95. Sir J. Pauncefote to (he Marquis of Salisbury. — {Received July 10.) (Telegraphic.) IVashimjton, July 10, 1801. With reference to your Lordship's telegram of the Oth instant on the suliject of Behring's Soa arbitration, I have sounded the United States' (iovernnieiit unoiriciaily on tiie subject of the new clause No. 7 respoclinLj damages, which I submitted to your Lordship in my tclograin of the l.'Tth iiIiii.,o, Before arriving at any decision on tliis suliject. the President wishes to be ollicially informed of tiie precise grounds on which Her .Majesty's t^Jovernmcnt object to clause 7 as proposed by him. \\ ith your Lordship's approval, 1 |)ropose to inlorin him that Her Majesty's Government are of opinion that in a case like the present, it is unusual and inexpedient to make use of terms providing that coniiiensation nhall be awarded on an hypothetical state of facts, and thus prejudging the ([uestion of liability ; that, further, they consider that the (piestion whether any legal lialiilily arises out of any particular state of focts is a matter which should be adjudged upon by the Arbitrators after discussion iieforc them. Her .Majesty's (Jovenmient would therefore propose that, in order to place i)otli Governments in this resjiect on the same footing, a new clause in the form submitted in my telegram of the L'7tb June should be substituted for clause 7 as jiroposed by the President. I have the honour to request that I may be infonned as soon as possible as to whether the above reply receives your Lordship's approval. [572] Bf< No. !)tj. Colonial Office to Foreign Ol/ice. — {IteceiveU July 1 1.) Sir, biiwnimj Slrrrl, Jiili/ ](i, IKOl. I A.M (iirc'cted by Lord Knutsford to ncknowledj^u the ri'd-ipl of your lettor of tho Sill instant, inclosinu; ii iiarajilinise of a tcleijirain of tlio (illi instunl from llcr Miijusty's Ambassador at St. l'clerslmri;ii ndaliiij^ to the Iteliriny's Si'a ((iiostion. In ro(tly, I niii to state, for the information of tlie Mnr(iui« of Salisbury, that Lord Kuutsl'ord is of ojiinion that, in foiisiderin^ whetlier tiie Russian proposals should be accepted, it siiould be borne in mind that, unless the United States ajj;ree to them also. United States' sealers would be free to catch seals to the west of tiie line of demarcation in the Treaty of iHtJT, >.o that the asBciit of Her Majesty's (Jovernment would appear to be necessarily conditional upon the agreement of the United States. 1 am, &c. (Signed) EDWARD WINGFIELD. No. 'J7. Sir R, Morier to the Marquis of Salisbury. — {Received July 13.) (Extract.) St. Prlerslmnjli, .July 7, I8'.)l, I HAVE the honour to transmit to your Lordship herewith the inclosed copy of a note, dated tlie 1 tth (lilith) .Tune, in which M. de Giers replies to n)y two notes of the -3rd May (tth dune) and '_'!)th May (lutb June), transmitted in my of the lOlh ultimo. Owing to some accident in transmission, which is not yet exi)lained, this note only reached my hands yesterday. In it M. de Giers ])oiiits out, in relercnce to my second note, that it would be diflicult to accede to i>ro]iosilions the otficial text of which is not known to him otherwise than througls the public news[)a[)crs, and whicli have been brought to his notice by one only of the two Contracting Parties. Nevertheless, tlie Imperial Government would i)robal)ly see nothing in the way of prohibiting Russian subjects from bunting seals to the cast of the maritime line of l^OT if Her Majesty's Government, in a spirit of just reciprocity, would etjually prohibit British subjects from fishing to the west of that line. The cruizers of both countries eoidd, in that cu.se, be authorized to stop on the high seas En .'-"iio,!! and ]{ussian subjects alike found contravening this arrangement in the waters of the iiehring's Sea and the Okhotsk. The note closes by the signiii'tant iiiiit ;hat, under any circumstances, the (iovernor- Genoral of the Amoor bad been inst'uct' d to take all necessary measures for protecting the Russian Inmting-grounds agair.-i'. an , dangers that might tlireaten them on the part of foreign Imnters. When I saw M. de Giers on Saturday he did not advert to the question, being probably under the impression, as be must have supposed that I had received liis note, that I would be the lirst to introduce it. I iiavc therefore not had the opportunity of obtaining from his Excellency any elucidation of the note. Inclosure in No. 97. M. de Giers to Sir R. Morier. M. I'Ambassadeur, Saint-Pe'tembourg, le 14 (2G) Juin, 1891 J'AI eu riionneur de recevoir les deux notes de votre Excellence en date du 23 Mni (4 Juin) et du 29 ]\Iai (10 Juin) relativement a la chassc des otaries. Par la premiere de ces notes vous voulcz bien m'informcr que le Gouyernement de Sa Majcste Rrilanniquc est lombe d'accord avec le Gouvernement des I'Jtats-Unis de l'Ami'ri([ue du Mord quant a la prohibition de la cbas.sc des otarica jus([u'au mois do Mai de I'annec procliaine ct invite le Cabinet Imperial a s'associer h cette mcsure. Lord Salisbury a bien voulu ajoutcr que sans I'assentiment de la Russie il ne saurait fitre question de la mise en pratique de cet arrangement. Dans la seconde des deux notca susmentionnees votre Excellence modilie la proposition de son Gouvernement dans ce sens que la prohibition de la cbasse des otaries ne s'etendrait plus qu'i Test de la ligne maritime du Traitd de 18G7 conclu entre la Russie ct les Ktats-Unis. Le Gouvernement de Sa Majesto Uritannique nous demanderait en consequence d'intordire de notre c6t^ la chassp proliibt'O ii I'cst de ('{'(to liirnc a dcs siijcts Uiissos ot d'aiitoriscr les nroisuurs Ai\j. 'lUH 11 siiisir les lij'iliniciits (jiii sc livrcraicnt ii (icttc itidiistrii* sous notn pavilion. 'out (Ml rcini'iciMiit votrc; lOxcolloiici' do ds ('iiniimiiiicatioiis jc crois (Icoir ohsiTver qii'il iKiiis scrait ditlicilc (rnccrdcr a dcs |)ri>ii(j-iti()ii^ rlont Ic tcxie otlicicl no nous (wl, connii (|iic par les idiiriiaiix ct i|iii d'aillcms iic iioiis ■^oiit failcs ()iii' p.if rune do^ doiix I'lirlics C'ontractaiitcs. (^iiaiil a hi liiiiic iiiarilinio dii 'I'railr (!(• IsCi". Ic (lotivcnicnient Imperial no vciniil |ir()!'Hi)li'nicnt ]ms ircinia'cluMncnl ii inlcidirc anx siijids linsscs la ciinHsc di's ofarics a IVst dc ci'tic rc^'ion si Ic (iimvcincnicnt dc Sa Miijcslu iSriliinniiiuc, daiiH un esprit th; juste riripmcitc', intcrdisait c};alcnicnt a ses snjots la cliasse susnicn- tionnee a I'ouest du la memo lii;rie. Les croisturs dcs deux pays pourniiont, en co ens, etrc nntoriseH a nrrcter les eontroveiumts on plcinc nior, Anfjinis ou ){u-scs, sans disliiictiim, dans les oaiix de IJelirinfc *-'' our lo receive your I'lxcellency's two notes, dated the 23rd May (1th June) iind the LMHli May HUh June), relatini; to the hnnliii!;' ol' seals. In the lirst oi these notes yon arc •rand enoMi;h to acqnainl inc that the (ioverninont of Her liritannic .Majesty have come to an .Agreement with tin • Jovcrninent of the Uniti'd Stales of North .Vmeric.a with rcnard to the ]iroliiliition of al-huntini: until the month of -May of next year, and that they invite; the Imperial Cahinel to join in that measure. Lord Salisbury was good enouuli to add that without the .nssent of Kiissia there could he no (picstion of putting this arraniienient into praeciee. In the second of the two notes above mentioned, your Kxcellency modifies the proposal of your Govern- ment in the sense that the prohibition of stal-hnnting would only ludd good to tbe east of the maritime line of the Treaty of l.^d? coiiclmled hetwcn liussia and the United S^tates. The (Jovernnient of Ilcr Britannic Majesty cnnsei|nently a'-ks us to ])rohibit Kussiiin subjects on our .--ide from tin' seal-bunting wbicii is forbidden to the oast of that line, and to authorize J'^nglish criuzors to seize such vessels as may pursue that industry under our Hag. While thanking your i'",xcellency i'or those comniuniealions, I thick it right to remark that it would he dillicult lor us lo agree to projiosals .)f which the oHicial text is (udy known to us through the nous]ia|icrs, and which, moreover, have only been nuido to us by one of the two Contracting Parties. With regard to the niarilin e line of tie Treaty of 1807, the Imperial (jovcnim'iit wuuld probaid^ see no diilieulty in pmiibiting Uu'^sian subjects from hunting seals to the east of ihat region if tlic (iover::nieiit, of Mcr P)rilannic .M.ijesty would, in a spiri' of just reciprocity. ei|ually prcdiibit their subjects from hunting to the we-t of the sam<' line. The cruizers oi' the two cdinitries cnuld in that case be authorized lo arrest the oil'cnders in the ojien sea. I'jiigli-h or l\u»ian. without distinction, in the wate;s of iKhring'^ Sea and the Sea of Okhoi>k, and to haiul them over to the competmit natiidial authorities. In making the above coininunication to your Hxcollcncy, I hasten to add that the Governor-tieiieral of the I'rovinco of the Amoorwill in any case receive ordeis to take the necessary moiisuros for the ])rotection of the Itnssian seal-hunting grounds against the dangers by which they may be threatened on the part of foreign hunters. I have, &c. (Signed) GIEllS. No. 98. fe'ir R. Moricr to the Marqiilx of Salisbury. — {Received Jul;/ l.'i.) My Lord, .S/. Petvrslmrgli, July 9, 1891. I UECI'MVEI) your Lordship's telegram of the Stli instant early this morning, and at once addressed a note, of which I have the honour to transmit a copy herewith, lo M. de Giers. [672] 12 «() Xot \)cing able to spare the time, owing to the dispatch of my messenger, I requested Mr. Howard to take it liiinaelf to JI. Chichkine and to urge on his Excellency that tlie matter might be at once taken in hand, so that a telegram of consent might be dispatched to Vancouver's Island before the departure of the Commissioners. M. Cliichkine, who has a strong opinion on the subject of the extinction of the fur-seal species, expressed his full concurrence with the mission of Her ^Majesty's Commissioners, and said he would do all he could to obtain the necessary permission at once. There always remained, however, the difficulty of the three Ministers to be brought into connected action. I have, &c. (Signed) R. B. D, MORIEll. Inclosure in No. 98. Sir R. Morier to M, de Giers. M. le Ministre, St. Pelersburgh, June 27 (July 9), 1891. IN the Agreement between Her Majesty's Government and that of the United States, signed on the loth June last, in connection with the question of seal-hunting in the Behring's Sea, it was stipulated that suitable ])ersons designated by Great Britain should be permitted upon application to visit or remain upon the American seal islands during the jjresent sealing season for the purpose of making such inquiries as might assist Her Majesty's Government iu presenting their case to the Arbitrators, should an agreement for arbitration be arrived at, and with the ultimate view of arriving at such data with regard to seal life as might facilitate a general agreement for the preservation :^f the species. I have now been instructed by Her Majesty's Government to inform your Excellency that' Sir George Baden-Powell and Professor Dawson, men pre-eminently fitted for the purpose, have been selected by Her Majesty's Government to go out to the Behring's Sea and Noith I'acilic for the ])urpose of investigating the conditions of seal life in those sous; and they are very desirous that, in a5oi.' The pica set up by the American Government, that lliey want "iJM) seals t ■ ^eeJ i'. natives, is a blind, and only to gain that advantage over the liniierial Governu; ; ' i privilege being allowed them, wliat is to prevent them from taking 70,000 r 'J'lv>re will be no check to prevent them doing so. The principal lessees of the islands, Leibcs and Co., have a large cannery at Kodiak, also a fast steamer running between there and the seal islands. They can carry away any quantity of seals when they want them. The facts are not generally known, only to those engaged in the business. In the settlement of this question, should any such advantage be allowed the American Government, it will be all they would ask, for, as they would be in a posilion to kill all the seals they recjuire regardless of preserving life ; if it is decided to have a close season, let it be general. Give no advantage to any one, under no plea, especially that set up by the American Government, viz., food for natives. The British Columbian sealers have exactly the same grounds to work on that the American Government claim in regard to feeding our natives. We have in all 1,000 natives em[)Ioyed on our vessels that live princii)ally on the seal during the sealing season, and earn through their own industry IVoni 500 dollars to 7 '>() dollars while employed seven to eight months in the year, 'i'hey formerly were hostile to all Whitemen. Life was not safe among them, but since the sealing industry has become a legitimate business and profitable, the Indians have become civilized and industrious, and look forward to the sealing season the same as our I'^astern lisbernien look forward to theirs. The change in their habits and mode of living is most remarkable when compared with the s.-vage state they lived in before the sealing business commenced. They have now comfoitaMe clothing, good homes, and plenty to eat, all earned by their own industry. If our own Indians cnn earn their own living iind m.'ike money in this business, tlie natives of Behring's Sea, emplo\e(l by the Sealing Conqiany, can ilo the same, and do so, altliough not so well paid as our Indians. Tlie plea set up by the Anu'iiean (Jovernment, •' food lor the natives," we strongly ]irotest ntrainst, as a dodge on the part of (he Government to get ihu small end (d' the wedge in. Another (piestion in regard to the matter. Supposing there should be a close season ? AVe have iit'ty vrssels I'ligaged in this business, emjiloying about 2,000 men, liiilf of them being natives, and bringing in a revenue to Ihosi^ emiiloyed suflieieiit to make them eomtortable, and support their families well: also the supjdies required for the vessels adds largely to tl^ revenue of the DominiMii, and helps to make uji the huge amount of duty collected at ^'ictoria. What will become of tli< natives if Ibis industry is closed, it may cost the Dominion millions tc provide for the. and keep them in order; now they are liii)i]iy and contented, having coml'orts ihe same a: Whitemen. if deprived of their living by the closing of sealing, a man's life would not be safe among them; also, what eniplo\ment are we going to give our Whitemen, a majority of them young men, that have taken up this I "mucss for (heir future living, nearly all belonging to the I^astern ])rovinces. It is t» icrious :i i,:".tter to settle in haste, especially fo the future prosperity of ISritish Colun/i" i and the Dominion generally. It not only gives emi)loyment to men on vessels, but has jeen the ri^t ;!i ■ i some ten new- vessels being built liere last year, and a further inciv ise prov;;! hi no interference is allowed to closing the sea. If the Americans arc allowed their 7,000 senis, they will gain the main point they have been seeking, while our vessels will be laid up to rot, and starvation to those employed in the business. 'I'ho seal is a niigratcu'y animal and does not belong to any one nation. 'I'liis outcry by the American (iovernment of preserving seal-lile is veil understood by us as meaning funds for Uncle Sam. Ia'I the Dominion of Canada have a share. They have as much right as the other nations. If Canada will only protect ^ seals for cos of the Cicorge lilies until t .six men filttr the P PPV iC >-v-'S«jil.' 03 her subjects in matters of this kind, and not allow Uncle Sam to take all the lopves and tislies, she will he a prosperous country. Having laid the matter hefore you in rather a rough manner, we kindly ask your earliest consideration in this matter, and would call your attention to the facts stated, not prejudicially, hut in a calm and deliherate manner, fully realizing our position to ho hankruptcy and ruin to all engaged, if carried out. We therefore iuimhly ask, on hehalf of the scalers, that you will kindly use your inlluence to iiave the Arhitration Committee allow the Sealers' Association to send two competent men, selected by them, as representatives on our behalf. Wc have, &c. (On behalf of the Sealers' Association), (Signed) E. B. MARVIN and Co. Inclosure 4 in No. 100. Mr. Tapper to Messrs. Marvin and Co, Gentlemen, Ottawa, June 13, 1891. I BKG to acknowledge the receipt of your letter of the ')th instant. I observe what you .say touching the proposal that the lessees of the United States' Government may, pending a close season, take 7,'">00 seals for food for the natives on the Pribyloft Islands, and your suggestion that abuses might follow the concession of such a privilege, and liie expression of your desire that, if a close season be adopted, it siiould be general willioiit any exeei)tion. f have coiisitlered the arrangements which you advance in support of this contention. I also note your views toucliiug the proposed compensation of Britisii citizens, who may suffer from tlie enforcement of a dose season, and have to inform you that I have inclosed a copy of your communication to his ICxccllency the Governor-General, and liiive re((uested his Excellency to cause your views to be communicated to tiie Imperial authorities as soon as possilde. Yours, &c. (Signed) CHARLES H. TUPPER. Inclosure 5 in No. 100. Draft of Despatch to Lord Stariley of Preston.* 'v ", a-d, Dnu-niiirj Slrrrt, .Tiihj ,1891. 1 II.WR the honour to acknowledge the roreipl of your despatch of the 24th ultimo, transmitting copy of an approved .Minute of the I'rivy CouniMl, inclosing copy of a letter addressed to the Minister of Marine and Fisheries by the Britisii Columbian Sealers' Association, in which eir objections to the imperial iJchring's Sea Seal Fishery Act are set forth. With regard to the anticipations of the Association as to the loss likely to be suffered by British subjects through the operation of the Act, I have already informed your Lordship of the decision of Her Majesty's Government with regard to the payment of compensation in such cases, and need only refer you to the commuiiicatious which have already p;;.ssed on the subject. The o dy other (luestion raised in the letter from the AKsociation which appears to call for no.ice is their wish to ijc heard before the Arbitration C'ominission. As y )ii are aware, a Joint Commission of Rx])erts has been ap])ointed to examine all (juestioiis connecteil with seal life and the fur-seal industry for submission to the Arhitralors, and I request that you uiil cause the .Association to be informed tiiat they should lay any stalenuMits tlw'v may wish to make before this Cnmmis^iou of Experts in the first instance, and thai, in (lie cvout of ils being found neccs'-ary lo call evidence before the Ari)iirat(ns in addiiion to tiiat whicii will be presented by the t'ommiosiou of Experts, Her Majesty's Government will not fail to bear their wishes in mind. 1 have, tkc. This deipatch wis sent on .)uly 16, lij9l. 64 No. 101. The Marquis of Salisbury to Sir R. Morier. Sir, ' Foreign Office, July 15, 1891. I HAVE to .acknowledge the receipt of your Excellency's despatcii of the 9th instant, inclosinu; a copy of a note wliioli you had addressed to the Russian Govern- ment on tlie Beliriiig's Sua question, and to state that your action, as reported in that despatch, is approved hy Her Majesty's Government. I am, &c. (Signed) SALISBURY. No. 102. Foreign Office to Colonial Office. Sir, Foreign Office, July 15, 1891. I AM directed by the Marquis of Salisbury to acknowledge the receipt of your letter of the 14th instant, with its inciosures relating to the objections entertained by the British Columbian Sealers' Association to the passing of " The Seal Fishery (Behring's Sea) Act. 1»91." I am to state, for Lord Knutsford's information, that Lord Salisbury concurs in the reply which it is proposed to return to Lord Stanley of Preston's despatch on this subject. I am, &C. (Signed) T. H. SANDERSON. No. 103. Sir G. Baden-Powell to the Marquis of Salisbury. — {Recei':ed July 16.) My Lord, New York, .My 5, 1891. 1 HiVVE the honour to inform your Lordship that I have this day transmitted to you a telegraphic despatch, of which the following is a paraphrase : — " I have tlie honour to inform your Lordship that [ am of opinion tliat it is neces- sary that I should take with nie in Behring's Sea, so as to avoid delay, the permit of the Russian Government to visit their islands should occasion arise. " I should be glad if this permit wore forwarded to me — care of the Admiral, Esquimiilt — if possible, by the mail leaving England on the 7th July." I may add, in explanation of the above telegram, that as the Russian islands arc as much as 2,iiOO miles from civilized ports, 1 deemed it advisable to carry wiili me the necessary permit in case I found it expedient to make inquiries on those islands in accordance wit!) clause (j of your Lordship's letter of instructions. 1 have. Sec. (Signed) GEORGE BADEX-POWELL. No. lot. Sir R. Morier to the Marquis of Salisbury. — {Received July 1 7.) (Telegraphic.) St. Petersburi/li, July 17, 1891. 1 HAVE been informed i>y the Under-Secretary of State for Foreign Ail'airs that he felt certain that, jis tooii as a decif-ion had been come to by the three Ministries interested in the (|uestion of the visit of our Commissioners to tiie liussian seal islands in the Bohiing's Sea, tek;ir.i|)hic instructions would be sent to the Governor of Vladivostok to see that all hieililies for the investigations required shall be accorded to them. My 63 No. 106. The Marquis of Salisbury to Sir R. Morier. Sir, Foreign Office, July 17, 1891. 1 HAVE received your Excellency's despatch of the 7th instant, inclosing a note from the Russian Goveriiinent on the suhject of the Ajjrceraent which has recently been concluded between this country and the United St.ates for preventing the Killing of seals during the present season in a ceitain specified portion of Behring's Sea, In the course of this note M. de Giers alludes to the fact that the text of the Agreement is not known to him otherwise than through the pui)lic pres.-- . Copies of the Agreement in the form in which it was ;iigncd were forwarded to you in my despatch of the 9th instant. I have to request your Excellen-y tn com- municate a copy to M. de Giers, and to state that, in order to guard against anv :..ssible inaccuracies, Her Majesty's Government were awaiting the receipt of the signed ''riginal from Her Majesty's Minister at Washington before instructing you to place its text in the bands of the Russian Government. With regard to the conditions on which M. de Giers states that Russia would be willing to become a party to the Agreement, you are authorized to state that, although Her Majesty's Government. would be very willing to enter into an airangement with Russia and the United States to proliibit sealing during this season to the west as well as to the east of the line of demarcation mentioned in the Agreement, they understand that the United States' Government are unable to do so without fresh legislation, which is not possible at this moment, as Congress is not in session. Any agreement of this nature for the present season could therefore only be made by Russia and England alone, and it wr.uld have the effect of leaving the western portion of Behring's Sea open to United States' citizens, while closing it to British and Russian subjects. For this reason Her Majesty's (jovernment do not think that sueh an arrangement as M. tie Giers proposes would be desirable, and they believe that his Excellency, on consideration, will concur in their view. I am, &c. (Signed) SALISBURY. No, lOG. The Behrini/'s Sea Commissioners to the Marquis of Salisbury. — {Received July 20.) My Lord, Ottawa, July 7, 1891. WE have the honour to acknowledge the receipt of your Loidsliip's despatch of the 24tli .lune, informing us that the Queen has I)een graciously pleased to appoint us to be her Commissioners for the purpose of inquiring into the conditions of seal life in Behring's Sea and other ])arts of the North Pacific Ocean, and inclosing Her Majesty's Commission under the sign nianuiil to that efi'ect. We have carefully noted the several instructions contained in your Lordship's despatch under reply, ar.d trust that, acting under these instructions, wc shall successfully bring to a conclusicn the matters intrusted to our charge. We may add, that Mi. Ashley Fronde commenced his duties as Secretary to the Commission on the L'5th June. We have, &c. (Signed) GEORGE HADEN-POWELL. (JKORtJE M. DAWSON. No. 107. The Behring's Sea Commissioners lo the Marquis of Sulisbury. — {Received July 20.) My Lord, Oltawa, July 7, IbOl. AS your Lordship has been alieady informed by a telegram from Queenstown, dated the 26th June, your Lordship's despatch of the J7tli .June, staling that formal permission to visit the Prihylolf Islands will be handed to us by the United States' authorities, has been duly received. j072J E 66 We bave also to report that Mr. Consul Fraser handed to us at New York, on the 6lh instant, a letter from the Treasury Departtnent at Washington, of which a copy is inclosed, for your Lordship's information, empowering us to visit the Pribylolf Islands for the purposes of our mission. We have, &c. (Signed) Gp:ORGE BADEN-POWELL. GEORGJE M. DAWSON. Inclosure in No. 107. Mr. Spaxdding to Mr. Williams. Sir, Treasury Department, Washington, June 25, 1891. THE 4th section of the modus civendi respecting the fur-seal fisheries in Jiehring's Sea, concluded on the 15th instant, provides as follows: — " In order to facilitate such proper inquiries as Her Majesty's Gov( ament may desire to make with n view to the presentation of the case of that Government before Arbitrators, and in expectation that an agreement for arbitration msiy be arrived at, it is agreed that suitable persons designated hy Great Britain will be permitted at any time, upon application, to visit or to remain upon the seal islands during the present sealing season for that purpose." As it appears from a communication, dated the 23rd instant, from the Honourable the Secretary of State, that Sir George Baden-Powell, M.P., and Professor George Mercer Dawson have been appointed Commissioners on behalf of Her Britannic Majesty to proceed to the Pribylofl" Islands for the purpo.se of examining into the fur-seal fisheries in Behring's Sea, and that the British Minister at this capital has requested that the necessary peru.ission may '-e granted to the above-named gentlemen to visit and remain on the islands during the current fishing season, you are directed to afford Sir George Baden-Powell, M.P., and Professor George Mercer Dawson every facility to enable them to accomplish the object of their mission. I am, &c. (Signed) 0. L. SPAULDING, Acting Secretary. No. 108. , ' Colonial Office to Foreign Office. — (Received July 22.) Sir, Downing Street, July 21, 1891. 1 AM directed by the Secretary of State for the Colonies to transmit to you, for the information of the Marquis of Salisbury, a copy of a desi)atch from the Governor- General of Canada, reporting the publication of the Agre '"lunt between Her Majesty's Government and the (Jovernment of the United States for a modus vivendi in relation to the fur-seal fisheries in Behring's Sea. I am, &c. (Signed) ROBERT G. W. HERBERT. Inclosure 1 in No, 108. Lord Stanley of Preston to Lord Knutsford. My Lord, ^ Government House, Ottawa, .Tune 2G, 1891. I HAVE the honour to inclose herewith a copy of an iipprcjvod Minute of the Privy Council, authorizing the issue of a Proclamation giving publicity to the Agreement between Her Majesty's Government and that of the Uiiiled States of the 15th instant for a modus vivendi in relation to the fur-seal fisheries in Behring's Sea. 1 have, &c. (Signed) STANLEY OF PRESTON. 67 Tnclosurc 2 in No. 108. Report of a Committed of the Honourahle the Privy Council for Cannda, approved by Aw Excellency the Govcrnor-Genrral in Council, on the \Qth June, 1891. THE Committee of the Privy Council for Canada, on the recommendation of the Minister of Marino and Fisheries, advise that your Excellency do cause a Proclamation to issue giving publicity to the Agreement between the Imperial Government and that ol the United States of the lotli June instant for a modus vivendi in relation to the fur- seal fisheries in Behring's Sea. (Signed) JOHN J. McGEE, Clerk of the Privy Ccndl. Inclosure 3 in No. 108. Extract from the " Canada Gazette" of June 20, 1891. (L.S.) Proclamation. Stanlev of Preston. Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland Ouccn, Defender of the Faith, &c. To all to whom these presents shall come, or whom the same may in any wise concern, greeting, A Proclamation. (Signed) Jno. S. 1). TiioiirsoN-, Altorney-General, Canada. WHKIJI'L^S an Agroomeut for a modus virendi between our Government and the Government of the United States in relation to the fur-seal ii-bories in Boliring's Sea was concluded on the i5tli day of June, in the year of our Lord l.S',)l, on the following terms, that is to say : — "Agreement hehrcen the Government of Her Britannic Majesty and the Government of the Unitfd States for a ^lodns Vivendi in rrlulion to the Fur-seal Fisheries in Behring's Sea. '• For the purpose of avoiding irritating dilicrcnccs, and with a view to promote the friendly settlement, ol' the (piostions jjcnding between the two Governments touching their respective rights in Heliriiig's Sea, and for the preservation of (he seal species, the following Agreement is made without prejudice to the rights or claims of either party :— " 1. Tier Majesty's Government will prohibit, until May next, seal-killing in that part of Behring's Sea lying eastward of the line of demarcation described in Article I of the Treaty of 18()7 between the United States and Russia, and will promptly use its best efforts to insiu'e the observance of ibis prohibilion by Britisli subjects an0() to be taken on the islands for the subsistence and care of the natives), and will jiromptly use its best fforts to insure the observance of this prohibition by United States' citizens .and vessels " .'5. Every vessel or person ofl'ending against this prohibition in the said waters of Behring's Sea, outside of the ordinary territorial iiniits of the United States, may he seized and detained by the naval or other duly commissioned officers of cither of the High Contracting Parties, but they shall be iianded over as soon as ])racticable to the ivuthorities of the nation to which they respectively belong, who shall alone have jurisdiction to try the off'enee and impose the penalties for the same. The witnesses and proofs necessary to establish the olfcnce shall also be sent with tbenj. [572] K 2 68 " 4. In order to facilitate such proper inquiries as Her Majesty's Government may desire to make, with a view to the presentation of the Case of that Government before Arbitrators, and in expectation that an agreement for arbitration may be arrived at, it is agreed that suitable persons designated by Great Britain will be permitted at any time, upon application, to visit or to remain upon the seal islands during the present sealing season for that purpose. "Signed and scaled in duplicate at Washington, this 15th day of June, 1891, on behalf of their respective Governments, by Sir Julian Pauncefote, G.C.M.G., K.C.B., Her Britannic Majesty's Knvoy Extraordinary and Minister Plenipotentiary, and William F. AVharton, Acting Secretary of State of the United States. (Signed) "Julian Patjncefotk. (Seal.) " William F. Wharton." (Seal.) fsTow know ye, that we have by this our Royal Proclamation caused the said Agreement to he made public, to the end that the same and every part thereof may be observed and fulfilled with good faith by all our loving subjects. Of all which our hiving subjects and all others whom these presents may concern are hereby required to take notice, and to govern themselves accordingly. In testimony whereof we have caused these our Letters to be made Patent, and the Great Seal of Canada to be lioreunto affixed. Witness, our right trusty and well-beloved the Right Hdnourabie Sir Frederick Arthur Stanley, Baron Stanley of Preston, in the county of Lancaster, in the PiHM-age of the United Kingdom, Knight Grand Cruss of our Most Honourable Order of the Bath, Governor-General of Canada. At our Government House, in our city of Ottawa, this 10th day of June, in the year of our Lord 1891, and in the fifty-fourth year of our reign. By command, (Signed) J. A. CHAPLEAU, Secretaiy of IState. No. 109. The Behring's Sea Commissioners to the Marquis of Salisbury. — (Received July 23.) My Lord, Ottnva, July 9, 1891. WE have the honour to request that your Lordship will be good enough to move the Japanese Governnu'nt to supply us with information on the following points : — 1, IJecords of fur seal-skins brought to Japan for any years in the present century. 2. Localities where seal-skins are taken. ,*?. Whether taken at sea or on shore. 4. Details of any known breeding places. 5. Whether, and if so what, Kegulations are in force on breeding grounds. 6. List of vessels fitted out in Japan for fur-seal fishery in this and past seasons, and from what ports 7. Whether seal fishery has increased or decreased in recent years, with causes of such increase or decrease. 8. Any other information concerning Japanese seal fisheries, especially documentary evidence. AVe would venture to suggest to your Lordship that the Japanese Government should be requested to send such information on the above points as they may be able to procure direct to us, care of the Postmaster, Victoria, Jiritish Columbia. We have, &c. {Signed; GEORGE BADEN-POWELL. GEORGE M. DAWSON. P.S. — 1 iiave ventured to send a copy of this despatch, pri\ vtcly, to Mr. de Bunsc u (Legation, Japan) to-day, in order to save valuable time. G. B-P. 69 No, 110. Sir .7. Paunce/ote to t'f Marquis of Salisburi/. — {Received July 23.) My Lord, Washington, July 14, 181)1. IMMEDIATELY on tlie receipt of your Lordship's telegram of tlie 13tli instant, respeeting the proposed compensation chiuse in tlie iiehriiig's Sea Arbitration Agree- ment, I addressed a note on the subject to the Acting Secretary of Stale, of which 1 have the honour to inclose a copy, I have, &c (Signed) JULIAN FAUNCKl'OTE. Inclogure in No. 110. Sir J. Pauncefote to Mr. Wharton. Sir, Washington, July 13, 1891. SINCE the receipt of your note of the 25th ultimo, of which I transmitted a copy to the Marquis of Salisbury, I have been in telegraphic communication with liis Lordship respecting the two clauses (0 and 7) which, by direction of the President, you have proposed for adoption in the Hchring's Sea Arbitration Convention, and also respecting the form of agreement for carrying out the arrangement for the npi)i)intnient of a .Joint Commission to inquire into the cmiditions of seal life in Behriiig's .Sea. I desire at present to confine inyseif to the clause proposed in your note which deals with the question of compensation, namely, clause 7. It is the only one which a])peavs to me to raise any serious dilliculty, and I trust that, after considering the following observations, and with a view to nx| editing the conclusion of this negotiation, the President will not object to the sub-^titution of a clause in the form which I shall presently liavc the honour to submit. Her .Majesty's (iovern- mcnt have no desire to exclude from the consideration of the Arbitrators any claim of compensation in relation to the Hehring's Sea fisheries which the United .Stales' Govern- ment may believe themselves entitled to i)refer consistently with the recognized principles of international law Hut they are of opinion that it is inexpedient, in a case involving such important issues and presenting such novel featiu-es, to prejudge, as it were, the question of liability by declaring that cnm])ensation shall be awarded on a hypothetical slate of facts. Her Majosty'.s Government consider that any legal 'lability arising out of the facts as proved and established at the arbitration should bo as much a question for argument and decision as tiie facts themselves; and, in order that this should be made quite clear, and that both Governments should be placed, in that respect, on the same footing, I am authorized by Lord Salisbury to submit the following clause in substitution for the Vth clause proposed by the President: — " 7. Either Government may submit to the Arbitrators any claim for compensation which it may desire to prefer against the other Government in respect of any losses or injuries in relation to the fur-seal fishery in Ikliring's Sea, for which such other Government may be legally liable. "The Arbitrators shall decide on the legalitv of every such claim, and, if it shall he established, they may award such coiupeusatiou as i'- their judgment shali seem equitable." I iiave, &c. (Signed) JULIAN PAUNCEFOTE. No. 111. , . : Sir J. Pauncefote to (he Maniuis of Suii.ibiiry. — {Received Jul^ Li3.) (Telegr.apliic.) Wnshimjlon, Jnlu 2'A, 1S9I. WITH reference to my despatch of the 14th instant, on the subject of the liebring's Sea compensation clause, 1 have the lionour to state that after long discussions, in the course of which I have insisted on the principle contended for in my above-mentioned despatch, I have to-day received a note from the United States' Government which is to the following effect : — [See Inclosurc in Sir J. Pauncefote's despatch of the 24th July, 1801 : Inclosure in No. llt^, infra.] 70 No. 113. The Marquis of Salishury to Mr. Fraser. (Telegraphic.) Foreign Office, July 24, 1801. THE following is urgent: — The British Commissioners in Bchring's Sea arc anxious to recoivo information on the following points : — [Sec despatch from Bchring's Sea Commissioners of the 0th July, 1891 : No. 109.] You should forward any information you can obtain to the Bchring's Sea Commis- sioners, addressed to the care of the Postmaster, Victoria, British Columbia, with as little delay as possible. No. 114. Sir R. Morier to the Marquis of Salisbury. — (Received July 27.) My Lord, St. Petersburgh, July 22, 1891. I HAVE this day received your Lordship's despatch of the 17th instant, in reference to the Fur-seal question and the Bchring's Sea, and have addressed to M. de Giers the note of which I have the honour to inclose a copy herewith. I have, &c. (Signed) R. B. D, MORIER. Inclosure in No. 114. Sir R. Morier to M. de Giers. M. le Ministre, St. Petersburgh, July 10 (22), 1891. 1 HAVE not failed to transmit to Her Majesty's Principal Secretary of otate for Foreign Affiiirs the note which your Excellency did me the honour to address to mo on the 14tli (2Gth) .June last, with reference to the Bchring's Sea Agreement concluded between Her Majesty's Government and that of the United States. With reference to tlie conditions on which your Excellency states that Russia would be willing to become a party to this Agreement, I am instructed to inform you that, although Her Majesty's Government would be very willing to enter into an arrangement with Russia and the United States to prohibit sca,ling, during this season, to the west as well as to the east of the line of demarcation mentioned in the Agreement, they understand tiiat the United States' Government are unable to do so without fresh legislation, which is not possible at this moment, as Congress is not in session. Any Agreement of this nature for the present season could, tlicrcfore, only be made hy Russia and Hlngland alone, and it would have the effect of leaving the western portion of i'ehrinn's Sea open to United States' citizens while closing it to British and Russian subjects. For this reason Her Majesty's Government do not think that such an arrangement would be desirable, and they believe that your Excellency, on consideration, will concur in their view. I avail, &c. (Signed) R. B. D. MORIER. 71 No. 115. The Marquis of Salishunj to Sir J. Pauncefote. Sir, Forpity\ (jlovernment should admit responsibility in certain events, is willing to wuivi- that point, and to modify his proposals with a view to remove what seems to lie the last point of ditfereiice in tiiis protracted discussion. The President urges that th'.' ehiuse should contain a statement in general terms of the elai.iis ivnicii each (Government desires to prefer, and, in his reply, he proposes a new- form '.n which ihf claims are so stated and left for the decision of the Arbitrators, thus conceding the principle for which I have contended. The statement of the British claim in this new clause appears to me to he too restrictive, as it would seem to exclude losses and injuries arising from interference with our vessels as distinguished from actual seizures, and takes no avcount of the personal claims of the JJritish subjects imprisoned and otiierwise damnified in the proceedings resisting from tiiose seizures. J do not apprehend that the United States' Government will ohject to our being stated in our own terms ; and, subject to that modification, I venture to th" the clause now proposed by tie I'resident will be acceptable to Her Majesty's nient, and will practically brinjv this long negotiation to a satisfactory terminatii,... I have, &c. (Signed) JULIAN PAUNCKFOTE aim lat Inclosure in No. 118, Mr, Wharton to Sir J. Pauncefnte. ir, Washington, July 23, 1891. THE President directs me to say, in response to your note of the 13th instant, that lie noticed with pleasure the good progress towards a full agreement upon the terms of ;irbitralion indicated by your statement that only the 7th clause, as proposed by this Government, appears to you "to raise any serious difficulty." That clause was thus stated in my note of the 25th June : — " It shall be competent to the Arbitrators to award such compensation as, '"n their judgment, shall seem equitable, to the subjects or citizens of Great I'ritain whose vessels may have been seized by the United Si ates in the Behring's Sea, if such seizures shall be found by the Arl)itrators to have 1''^ -n unwarranted; and it shall also be competent to the Arbitrators to award to the iijd States such comliensation as, in their judg- ment, shall seem equitable for any injuries resulting to the United States, or to the lessees from that Government of the privilege of taking seals on the Pribyloff Islands, by rca.son of the killing of seals in the Behring's Sea by persons acting under the ])rotection of the British flag, out.ide of the ordinary territorial limits, and since the 1st day of -laniiary, 18S6, if such killing shall he found to have been an infraction of the rights of the United States." The objection you make to thin clause is thus stated by you : — "Her Majesty's Government have no desire to exclude from the consideration of the A rbitrators any claim of compensation in relation to the Behring's Sea fisheries which the United States' Government may consider themselves entitled to prefer consistently with the recognized principles of international law ; but they are of opinion that it is inexpedient, in a case involving such important issues, and presenting such novel features, to prejudge, us it were, the question of liability by declaring that com))ensation shall be awarded on a hypothetical stale of facts. Her Majesty's Govern- ment cou.iid'T that any legal liability arising out of the facts as proved and established at the arbitration sho'-.lu bo as much a (|uestion for argument and decision as the facts themselves, and in order that this should be made quite clear, and that both Govern- ments sliould he i)lacelftj;'s Sea, the Arbitrators were authdrized to ;;ive compensation; and if, on the other hand, these and other I'ritish vessels were found to have visited that sea, and to have killed seals therein in violation of the riju'lits of the United States and to the injury of its ])roperty interest, the Arbitrators weie authorized to give compensation. One is not more subject to the objection that it presents a hypotlu'licai statq of facts ihan the otlier, and both submit the question of the lawfulnes or unlawfulness of the acta complained of. The President believes that Her Majesty's Government may justly be held responsible under the attendant circumstances for injuries done to the jurisdictional or property rights of the United States by the sealing-vessels flying the British Hag, at least since the date when the right of these vessels to invade the Ik-hring's Sea and to pursue therein the business of pelagic sealing was made the subject of diplomatic intervention by Lord Salisbury. In his opinion, justice requires that Her Majesty's Government should respond for the injuries done by those vessels, if their acts are found to have been wrongful, as fully ,is if each had borne a commission from that Government to do the acts complained of. The presence of the master, or even of a third person, under circumstances calculated and intended to give encouragement, creates a liability for trespass at the common law, and much more If hi:' presence is accompanied with declarations of right, protests against the defence wliijii the owner is endeavouring to make, and a declared purpose to aid the trespassers if they are resisted. The justice of this rule is so apparent that it is not seen how in the less technical Tribunal of an international arbitration it could be held to be inapplicable. The United States might well insist that Her Majesty's Government should admit responsibility for the acts of the Canadian sealers which it basso direitly encouraged and promoted, precisely as in the proposal the United States admits responsibility for the acts of its revenue vessels. But with a view to remove what seems tj be tlie last point of ditrerencc in a discussion which has been very much protracted, the President is willing to modify his proposal, and directs me to oti'er the following : — "The Government of Great J$ritain having presented the claims of its subjects for compensation for the seizure of their vessels by the United States in Behring's Sea, and the Government of the United States having presented on its own behalf, as well as of the lessees of the privilege of taking seals on the Pribylolf Islands, claims for compensation by reason of the killing of seals in the Behring's Sea by persons acting under the protection of the British flag, the Arbitratoi.n shall consider and decide upon such claims in accordance with justice and (H|uity and the respective rights of the High Contracting Parties, and it shall be competent for the Arbitrators to award such compensation as in their judgment shall seem equitable." The President thinks that a particular statement of the claims of the respective Governments is more likely to lead to a satisfactory result than the general reference proposed by you. It is believed that the form of reference now proposed by him removes the objections urged by you to his former proposal. I llQiTC &C (Signed) ' W. F. WHARTOX, Acting Secretary. [572] 7* No. 119. • Mr, Howard to the Marquis of Salisbury. — (Received August 3.) My Lord, St. Petersburgh, July 29, 1891, "WITH reference to my tclefrram of this day's date, I liavc tlie honour to transmit herewith to your Lordship a copy of a note of the ICth (28t)i) instant from M. do Giers to Sir Robert Moricr, acquainting Her Majesty's Amhassador that Sir George Baden> Powell and Professor Dawson are authorized to visit the Russian fisheries in the Behring's Sea, and statins that 15aron KorlT, Governor-General of the Amoor Province, has been informed ot this fact, and has heen requested to facilitate, as much ag possible, the object of the mission of the above-named Commissioners. I have, &o. (Signed) HENRY HOWARD. Inclosure in No. 119. M. de Giers to i>ir R. Morier. M. I'Ai.ibassadeur, Saint-Pe'tersbourg, le Ifi (28) Juillei, 1891. EX reponse h la note dc votre Excellence on date du 27 Juin (9 Juillet), je m'empressc de rinfonner que Sir George Powell et le Professeur Dawaon sont autoris^s a visiter nos pethcries d"olaries dans la i\Ier de Behring. Je n'ai pas m>uupu'' de porter cette autorisation a la connaissance du Gouverneur- Goneral dc la Province de I'Amour, Baron Kortf, en I'engageant a faciliter, autant que possible, nux savants susmentionnes, laccomplissement de leur tache. Vcuillez, &c. (Signe) GIERS. (Translation.) M, I'Ambafisadeur, St. Petersburgh, July 16 (28), 1891. IN reply to your Excellency's note of the 27th June (Otii July), I hasten to inform yon tiiat Sir G. Powell and Professor Dawson have been authorized to visit our seal fisheries in Bchrinn's Sea. I have not failed to inform Baron KorlT, the Governor-General of the Province of tl Amoor, of tiiis authorization, and to rcqticst him to assist the above-mentioned gentlemen as far as possible in the accomplishment of their task. I avail, &c. (Signed) GIERS. No. 120. Colonial Offict to Foreign Office.- -(Received August 3.) Downing Street, Augtist 1, 1891. Sir, , ..... ^\ nil reference to your letter of the !)tli May last, forwarding copies of a com- munication from Mr. C. Hawkins rc:-prrting the seal fishery in the ^ortil Pacific, I am directed by Lord Knutsford to transmit to you, for the infornnition of the Manjuis of Salisbury, copy of a despatch from the Governor-General of Canada, inclosing copy of a Minute of the Privy Council on the subject of Mr. Hawkins' statements. I am, &c. (Signed) JOHN BUAMSTON. Inclosure 1 in No. 120. Loi'd Stanley of Preston to Lord Knutsford, My Lord, Cascapedin River, New Richmond, P.Q., July 3, 1891. " AVITH reference to your Lordship's despatch of the £Oth May last, transmitting a copy of n letter from Mr. Hawkins on the subject of the seal fishery in Behring's Sea, I have the honour to forward herewith a copy of an approved Minute of the Privy 76 Council, embodyiog a fieport of the Miaister of Marine and Fisheries dealing with the question. I have, &c. (Signed) STANLEY OF PRli'STON. Inclosure 2 in No. 120. Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-General in Council on the 27th June, 1891. TFIE Committee of the Privy Council nave had under consideration certain papers from the Ctdonial Office on the sulijeet of the seal iisliery in Boliring's Sea. The Minister of Marine nnd Fisiieries, to whom tlie matter was referred, observes that Mr. Hawkins states "since nlxmt the yeiir 18S.5 wc liavo received in this country (England) large numbers of seal-skins, known in the trade as the north-west coast skins, the same having been taken in tlic open sea, and. from appearances that are unmis- takable to the initiated, are exclusively the skins of female seals prei;nant ; tliese are all shot, and I have been informed that for every skin recovered five or si.t are lost through sinking when struck by the shot " The Minister further observes, in view of the numerous reports in which evidence of practical hunters and of otlier well-qualilled imtliovities was submitted, refuting state- ments similar to the a.s.sertion made in the letter under review touching the percentage of seals struck and secured by the sealers, it would seem tliat no necessity e.Kists for a reiteration of the evidence embodied in the Minute of Council approved by your Excellency on the 4th November, 1889. The Afinister, regarding the statement contained in Mr. Hawkins' communication as to what he termg tlio "norlli-west coast skins,'' would advert to the contention of the Canadian Government to the effect that real danger to seal life is to be found in the operations upon tlie haulini.f-grouiids and rookeries increased by the catch of seals when slowly moving along or sojourning on the north-west coast of America, the females being then unquestionabl)' in pup, before the ulliinaie swift and direct journey to tlie rookeries has begun. Tliese seals arc the first taken by the sealing fleet on their way to the Behring's Sea, and are distinguished by the sealers ns the "coast catch," and by Mr. Hawkins as the " nc-tli.west coast skins." The Minister tubniitg tliat the testimony produced by Mr. Hawkins in this con. nection is quite in accord with the information hitiierto obtained, and is most valuable in support ' f the contention of Canada. It has been previously pointed out that although great stress had been placed by the United States' Government on the alleged necessity for prohibiting pelagic scaling in the Behring's Sea, Vti ;■ attempt had ever been made by that Government for an arrangement to curtnii simii.ir operations along the coast previous to the entry ot seals into that sea. In an attempt to vindicate the methods ot the lessees of the seal islands, Mr. Hawkins proceeds: "We, on the other hand, durinir my experience have had annually large numbers of seal-skins from Ala'^ka, and also from ll.o Copper Islands, which are killed by being clubbed on land, and are selected with judgment, being the the skins of young male seals : the older figliting or breeding males are spared.'' This is anoMier presentation of the case of tlie T'niled States' Covcrhineut for the prohibiting of cveiy other eliarncter of sealing but that .•idopled by the lessees, so fre(piently combated )iy your Kxcelleney's advisers. While the .Minister ot .\iariiie and Fisheries does not deeii, it nece.s.sary to dwell at any length upon the point, lie would, in pg6.sing, invite attention to the fact that notwithstanding this statement, the United States' Trca-uiy agents now assert the contrary, and tho Govcrnir.ent of the United tlatos appear to be act'iig on the Kepoits of their Ageiiis. The Minister further observes that a ]\linute of Council dated (he (Ah .Innc, i8',)l, dealt at considerable length with this snbject, and it included the Annual liejiort (1800) of Special Agent C. .J. Gofl', in which an alarming state of atlairs at the rookeries was revealed, due, it was stated, to the indisctiininatc slaughtev of seals and improvident operations of the lessees, in the opinion of the Agent and his a., .istants it had become neecsbary to enforce a total prohibition of the killing of seals for an indefinite period. Tlie Minister submits that wliatever s gniticance .Mr. Hawkins' statement may have upon the abstract question ot the prolecti(m cf seal life in the I'acific waters, it can have but little, If any, on the controversy between CJreat Britain and the United States, as [672] L 2 76 the evil complained of, even if as great as alleged, occurs outside the disputed nrca, as he himself implies in his reference to the " north-west coast skins." The Committee, on the recommendation of the Minister of Marine and Fisheries, advise that your Excellency be moved to forward a copy of this Minute to the Riirbt Honourable the Principal Secretary of State for the Colonies, for the information of Her Majesty's Government. All which is respectfully submitted for your Excellency's approval. (Signed) JOHN J. McGEB, * . Clerk, Privy Council. No. 121. The Behring's Sea Commissioners to the Marquis of Salisbury. — (Received August 3,) Steam-ship "Danube," at Victoria, British Columbia, My Lord, July 10, 1S91. WE have the honour to report that we met at Ottawa on the 6th instant, and on the same evening consulted with t! s Premier of Canada, Mr. Abbott, and the Miniater of Marine, Mr. Tuppcr, on the subject of onr mission. Th2 Govcrnor-Gencial was absent from Ottawa, but kindly placed Government House at our disposal. Wc spent the 7th, Stb, and Oth July in Ottawa in consultation with Ministers and in collecting information and evidence. On the evening of the 9th instant we left Ottawa by train direct for Vancouver, where we arrived on the 15th instant, and found the chartered steam-ship " Danube " awaiting us at the wharf according to our instructions. Admiral Hotham, C.B., had crossed from Esquimalt to meet us, and informed us as to the very complete arrangements lie had made for Her Majesty's ships in Behring's Sea to assist us in every way. Shortly after our arrival a deputatinn, bended by Mr, Oppenheimer, Mayor of Vancouver, waited upon us on behalf of the scaling-vessel owners in the city, with whom we had a most .satisfactory conference. We left Vancouver at G r.M., and ai rived at Victoria tliis day at 1 a.m. At 10 a.m. we received, as by previous arrangemont, an important dei)utation of the Board of 'j'rade and Sealers' Association, who gave us most valuable information, and willingly promised to procure more on certain points pending our return. We have also consulted other authorities in Victoria, and completed the e(|uipnient of the " Danube." Wc leave the port this evening bound for the Pribylolf Islands. We have, &c. (Si;ncd) GEORGE BADEX-POWELL. GEORGE M. DAV/SON. No. 122. The ifarquis of Salisbury to Sir J. Pauncefote. (Telegraphic.) Foreign Office, August 12, 1891. I HAVE received your despatch of the 24th ultimo. The modification of the 7th Article of the Arbitration Agreement proposed by the President of tlie United States, and connnunicated in Mr. Wharton's note to you of the 23rd ultimo, contains the following word;!: — "The Government of the United States liaving presented on its own behalf, as well as of the lessees of the i;rivilogc of taking seals on the PriljylofF Islands, claims for compensation by reason of the killing of seals in Jiehring's Sea by persons acting under the protection of the British tiag, the Arbitrators shall consider and decide upon such claims " These words involve the doctrine that Her Majesty's Government are liable to make good losses resulting from the wrongful action of persons sailing outside their jurisdiction under the British ilag. It would be impossible for Her Majesty's Government to accept such a doctrine even at the hands of an Arbitrator. Nor can they admit that, by having asserted 77 diplomatically the right of any persons to do that which an Arbitrator subsequently decides such persons cannot do, tliey are made liiible in damages. This 7th Article, wliich deals with the question of compensation, is therefore liijely to give occasion for lengthy nei:otiations, and t!ie question arises wUctlicr it would not be better, if the Government of the United States will agree to such a course, to sign the other six Articles as to which an agreement has been arrived at, and to proceed with the arbitration, leaving the 7th Article to be treated separately ? No. 123. The Marquis of Salisbury to Sir J. Pauncefote. (Tclegrnpbic.) Foreign Office, August 22, 1891. I AM of opinion tliat it will be better for you to clearly recapitulate the grounds, as sot forth in the telegram from this Office of the 12th instant, on which Her Majesty's Government cannot agree to the wording of the 7th Article proposed by the President, and that, in lieu of it, you should propose one somewhat as follows ; — " Either of the two Governments may submit to the Arbitrators any question of fact which it may wish to put before them in reference to the claims for compensation which it believes itscif or its nationals to jjossess against the other. "The question whether or not, and to what extent, those facts, as determined by the Arbitrators, and taken in connection witli their decision upon the otiier questions subuiitted to them, render such clninis valid according to the principles of international law, shall be a matter ot subse(|ueiit negotiation, antl may, if the two Powers agree, be referred in whole or in part to the Arbitrators." This is not to be taken as a delinitive wording, and the proposal should be so made as to leave either side free to amend it. No. 123*. Sir G. Baden-Poivell to the yiarquis of Salisbury. — (Received August 23.) (Telegraphic.) Seal Island, Auijui^t 5, 1891. HAVE ascertained that this year's take of .seals is already considerably in excess of 7,500, On the assumption Unit the limilalion of catch begins only from the date of the signature of the modus vitcndi, the United States' Agent continues to kill the seai I am posting despatch on this sutyect. No. 124. Sir J. Pauncefote to the yfarquis of Salisburi/, — (Received August 23.) (Telegraphic.) Xewporl, August 23, 1S!)1. WITH reference to your Lordship's telegram of yesterday respecting the clause in the Behring's Sea Agreement on the question of ilainnges, I have the honour to inform your Lordship that I am writing an unollicial letter, marked Private, to the Acting Secretary of State, based on the telegram above mentioned. No. 12o. The Marquis of Salisbury/ to Sir J. Pauncefote, (Telegraphic.) Foreign Office, August 20, 1891. 1 HAVE to request you to communicate to the United States' (iovernment Sir G. B. I'owell's telegram of the oth instant, repeated in my preceding telegram, stating that the United States' Agent at Seal Island continues to kill seals, although the number already killed this year is materially in excess of the limitation agreed upon by the modus viinidi of the l;Jth June last. You should slate that Her Majesty's (iovernment are convinced tliat the President will not permit any depiulure from the tiiic s[iiril of the .Agree\nenl, uiid will lake such measures to insure its strict observance as may seem to him to be requisite. 78 No. 126, Sir J. Pauncefote to the Marquis of Salisbury, — {Received August 31.) My Lord, Newport, August 20, 1891. I TUANSMITTED to your Lordship in my despatch of the 23nl June last a copy of till' ireuiorandura which I comiuunicatcd on the 24th of that month to tho Acting Secrutary of Statu, embodying tlie substance of instructions issued to tlie British criii/.i-rs in 15i>hring's Sea in pursuance of tlu; modus viinndi, and sui,'r;estin!^ that an AgrecMuent should he come to between the Governments of Great Britain and tho United States for mutual indemnities in respect of acts committed by tlie eruizers of one nation ai^ainsl the vessels of the other in execution of that modus vivendi. As I inl'oi'uied your Lordship in my despatch of tho 27th June, I received a com- nninieution from the Actini,^ Secretary of State in reply, ae(|uaintin£? me that the above Memorandum had been immediately transmitted to tlic United States' Navy Depart- ment, for their information. No answer, however, beinij received to tho proposal contained in the latter portion of the -Memorandum, I addrosscMl a note on the 8th instant to Mr. Wharton, copy of which I have the honour to inclose, requcstinq; to bo informed, at his earliest con- venience, of the views of the United States' Government with respect to the suggested Agreement, and I have now received a note from him, in reply, of which I have also the honour to inclose a co{)y. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure 1 in No. 120. Sir J. Pauncefote to Mr. Wharton, Sir, Ncuiport, August 8, 1891. ON the 2.3rd June last I had the honour to place in your hands a Memorandum, embodying the substance of the instructions issued to British crnizers in Beliring's Sea in pursuance of the modun vivnidi signed on the l.")th of that month. The ^femorandum also ef)ntaincd a proposal for an Agreement between the Govern- ments of Great Mritain and of the United States for mutual indemnities in respect of acts committed l)y the eruizers of one nation against the vessels of the other in execution of the mndiis rlrrii'li. 'I'o tliat ]M'.)i)osal [ have not as yet been favoured with a reply, and I should be extremely oi)li.;ed if you would bo good enough to inform me, at your earliest convenience, of the viiws of your dovernment with respect to the suggested Agreement. I have, &c. (Signed) JULIAN I'AUNCEFOTE. Inclosure 2 in No. 120. Mr. Wharton to Sir .J. Pauncefote. Sir, • Dcjuirlmont of Slate, Washington. August 17, 1891. T HAVE the jionour to acknowledge the receipt of your note of tiu> !d a pro))(>s:il for an Agreemmt l)etween the (iovernments of (treat Britain and tiio United States for mutual indemnities in ri-speet of act*; com- mitted by tlie eruizers of oiu; nation agains? the msscIs of tlie otbcr in execution of the Hindus vivvndi. 'I'he i'resident desires me to say, in icply. liial it seCiiis to him to be quite unnatural tiiat the two (Joverninents, iiaving eonic to a liicndly understanding as to a modus vivendi: and tlie method of its enforcemeni, should anticipate or attempt to provide ag.ainst ])()ssilile breaches or violations of duly by the vessels of eitliev country. It will be time enough, in the President's opinion, wlii'ii ritber (iovernmcMt lodi^'cs against the other a complaint in tliis I'cgjird, to cmisider iho iiuestiim of indemnity. The I'resident desires me to state that he hopes tli;i( no such (]uestion may arise, but th;it be will be prepared to meet it in a friendly spirit, if, unl'ortunatoly, differences should develop. • • ' ' ' ' I iiave, &c. ' ' • . (Signed) W. WTTARTON. 79 No. 127. Sir J. Pauncefote to the Marquis of Salisbury. — {Received September 7.) My Lord, Xevport, Aurjust 28, 1891. WITH referenoe to your Lordship's telcffrnm of tho 22nd instant, I iinve tyic honour to inclose copy of the priviitc and iinoliicinl letter which I liave addressed to the Acting Secretary of State, relating to the compensation clause in the Behring's Sea Arbitration Agreement. I have, &c. (Signed) .JULIAN PAUNCEFOTE, Inclosure in No. 127. Sir J. Pauncefote to Mr. Wharton. (Private and Unofficial.) Dear Mr. Wharton, Newport, August 20, 1891. IN my reply to your official note of tho 22nd instant I stated that I hoped to be able to send an answer to your note of the Sfird ultimo in a few days. Before doing so, however, I am anxious to e.\])hiin to you privately and unofficially, as I would do verbally wore I in Washington, the objection whioh niv CJovernment entertain to the latest form of clause rolatini;- to con))iensatioii, which lias been proposed by the President for adoption as Article 7 in the JJehring's Soa Arbitration Aareeuient. Such a private" and unollicial oxclinii,i;o of views at this point of the ncirotiations may abridge the official correspondence, and fac'iil ite a solution of the ]iretd)uiit to the Arbitrators any question of fact which it may wish (o put het'ore them in ret'oreiice to tin- claims for compensation which it believes itself or its nationals to possess against the other. " The question whether or not, and to what extent, these facts as determined liy the Arbitrators, and tjikcn in connection with their decision upon the otlior (luostions submitted to them, render such claims valid, according to the principles of international law, shall be a matter of subsequent nci^otiation, and may, if the two Powers agree, bo referred, in whole or in part, to the Arbitrators." I do not, of course, pniposo the above wording as definitive. It should bo open to amendment on either side. But if, after submitting it to the President, you should bo able to inform me privately that such a clause, under the circumstances, would be acceptable to your Government, I would then address you otlicially in reply to your note of the 23rd ultimo, and formally uiaLo the above proposal, stating the ground on which it is based. 80 Hoping that this mode of settlement of the last point in dispute will meet with your approval, and that tliis elfort, on my part, to hiinii; the negotiation at once to a satis- factory termination may be successful, I reiuiiin, &c. (Signed) JULIAN PAUNCEFOTE. No. 128. Sir J. Pauncefote to the Marquis of Salisbury. — {Received September 7.) My Lord, Newf^orl, August 28, 1891. WITH reference to my other despatch of this date, I have the honour to transmit herewith copy of the note of the lOlh instant from the Acting Secretary of State, referred to in the inclosure to my above-mentioned de.s|);itch, in whicli Mr. Wharton inquired when an answer may he expected to his note of the :^3rd ultimo, relating to the proposed compensation clause in the Behring's Sea Arbitration Agreement. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure in No. 128. Mr. Wharton to Sir J. Pauncefote. Sir, Department of Slate, Washington, August 22, 1891. EEFERRING to my note to you of the 23rd ultimo, relative to the proposed agreement of Arbitration of certain matters atiecting the seal fisheries in Hehriiig's Sen, I would be extremely obliged if you would be kind enough to inform me when an answer to the same may be expected, 1 have, &c. (Signed) WILLIAM F. AVHAKTON, Acting Secretary. No. 129. Behring's Sea Commissioners to the Marquis of Salisbunj. — (Received September 8.) Steam-ship " Danube," at St. Paul Island, Alavka, My Lord, August 5, 18"i. Wl"i venture to think it desirable that we should at once report to your Lordship on certain points which liavc come to our knowledge in relation to Article 2 of the modus Vivendi, and we inclose copy of a letter wliicli we deemed it right to address to the Treasury Agent representing the United States' CJovernment on the Pribyloll' Islands. We send with this despatch to the nearest telegraph olKcc, wliich is 2,000 miles distant, a telegram of «liicli the following is a i)inMi)hiase : — " Prihtjloff' Islands, 5ih August. — Have the honour to inform your Lordship that this year's take of seals already considerably exceeds 7,500. " The Agent of tlic United States' Treasury continue'-, to allow seals to be killed on the assumption that the limited catch is lo commence from the date of the signing of the modus vivnidi. Despatch follows by mail." Immediately on our arrival heie wc established relations with the oflicials of the Government and of the North American Commercial Company of a most friendly character, and they have given us every aid and assistance in our inquiries. ]5ut no sjiecdily discovered tliat before the date of our arrival here (28th July), at the lowest estimate 8,800 seals had been killed this season, and that it was in contemplation to kill at least several hundred more. We had understood especially from Mr. Wharton's letter to Sir J. Pauncefote of the Cth June, 1S(J1, that the Agents of the Treasury Department had been instructed by order of tlie President to stoj) the killing when 7,''00 seals had been taken, and that the Government of the Uniteil Stales bad taken every piccaution to insure the observa- tion of the stipulation to limit the catch to 7,500. At St. Paul wc were informed that the Treasury Agent had been instructed on the 81 27lli Mi>v Id I;i".'p tlic (|U()(;i of shins liiken i),v tlie Company under 7.'"i'>0, and that en ruult' to till- i Jams liu \v;is advised l)_v teleiini])]! to iiitcrprel liis instriKlions in accordance with the United Slates' Proclamation. He arrived at tlio I'rihvloff' Islands on the Kitli June, hnt tlie said Proclamation did not reach the islands nnlil the L'nil July. In llie meantime, we (ind that «licn the <|uota of 7,.')00 seals had been killed (by tlie •JOth June), all killinj;' for the 1,'ompany was stopped. The Treasury .\i>-ent explained to us thai he had much difficulty i?i ini:ary food, and that the vhole expenditure on all counts until next spring would not exceed 5.00(1/. We e.xainined the stores on the two islands and found ample supplies for all demand? of the coming winter. Wliether the ultimate charge of feeding the natives will fall on the Government of tlie United States or on the Lessee Company, it is equally certain tli.at in addition to the llcsli of 7,. 000 seals, the value of their skins will far more than repay any exiienditure incurred in default of the wages earned when the full quota of seals is killed. We feel it to be our duty, in view of the submission of the whole question to arbitration, to take the speediest means of drawing your Lordship's attention to the manner in which we have found that clause 2 of the tiwdiis rlrendi is being dealt with on ttic Prilnloff Islands, in order that, if necessary, the jiromptest steps may be taken to draw the attention of the authorities at AVashington to the matter. We may add that as our means of communication are very uncertain, we have inclosed a copy of the telegram, as (|Uoted above, in a despatch to the Ctovornor-General of Catjada, with a request that ho will he good enough to inquire by telegraph whether it has duly reached your Lordship, and in the event of its not having done so. that he will transmit it in cypher through the Secretary of State for the Colonies, We have, &c. (Signed) GEO]?GE B.VDEN-POWELL. GEORGE M. DAWSOX. Inclosurc in No. 129. on the Be!iri»g's Sen Commissioners to Major fVilliams. Dear Sir. Steamship " Danube," at St. Paul, Julij .^0, 1S91. WITH reference to our conversation ■ of the 2Sth instant, relative to the limitation of the number of seals to be killed under the agreement conu! to by the (Jovernnienls of the United States and (ireat Britain, we think you may be glad to receive this expression of our opinion, based upon the information in our possession, tliatthe intention of the two Governments as conveyed by Article 2 of the mndua viremli was, that on the part of the United States the stipulation would he strictly observed to limit the catch this season to 7,500 seals, iind U; stop the killing when that number had been taken. As you were good enough to invite our opinion on the above subject, we venture to [572] M 8» ' ^ ' place it in your hands, although the question is apart from the immediate scope of our inquiry. We remain, &c. (Signed) OEOIJGI': nADEN-POWKLL. GEORGE M. DAWSON. No. 130. Behring's Sea Commissioners to the Marquis of Salisbury. —{Received September 8.) Steam-ship " Danube," at St. Paul Island, Alaska, My Lord, Aurjusl 6, 1891. IN continuation of our despatch of the 16th July, wo have the honour to report that after a pnssago of seven and a-half days from Victoria we rcaehoil Kiuliuk Harbour, Oonalaska Island, on the 24th ultimo. There wc gathered information from various residents, and nrrangcd future plans with the Senior Naval Officer in Behring's Sea, Captain Turner, R.N"., of Her Majesty's ship " Nymi)he." As we were leavin;;- for tlie Pribylolf Islands, the United States' surveying-vessel " Albatross " arrived at Ooimlaska, having on board Professor .Mendenliall and Dr. Merriani ; we therefore delayed our departure for a few hours in order to make their ;ic(|iiaiiitnncc. We then proceeded direct to the Pribylolf Islands, being accom- panied by V.r. Tingle, Snperintendent of the Nortii American Commercial Company, whom we met at Oonalaska, and to whom we offered a passage to St. Paul Island. AVe investigated all the seal rookeries and iiauling-grounds on the island, and obtained a large mass of i\ idence from tiie officers of the United States' Government and of the Company, as well as from the natives, on the subject of seal life. The "Albatross" arrived at St. Paul on the evening of the -8th July, and in a conference with Professor Mendenhall and Dr. Merriam, we explained to them the terms of our commission ; they, however, informed us that, having as yet received no formal commission from their Government, they were unable to enter into any form.il discussion with us on the subject of our inquiry, but that they hoped at some future date to meet UB for this purpose at W'ashingtim or elsewhere, their object in the meantime being to acquire for themselves such local knowledge as would enable them better to understand the large quantity of documentary evidence respecting seal life in the possession of the United States' Government. On the .'31st July we left for St. George Island, taking with us Dr. Merriam. We examined all the breeding-grounds on that island and obtained much additional informa- tion from the Government Agents and employe's of the North American Commercial Company there. After full and careful inquiry into the various questions connected with the habits and treatment of the seals on the Pribyloff Islands, we are this day proceeding to cruize at sea for the purpose of examining the habits of the fur-seals in those parts of Behring's Sea, where we gather from the information we have received that 'here will be the best opportunities for such observations. Her Majesty's ship " Pheasant " has been detailed to cruize with us, and we shall thus obtain valuable assistance in our investigations, while at the same time she will have the h st opportunities of falling in with any schooners still remaining in Behring's Sea. ^^c hftvc Sec* (Signed) ' GEORGE BADEN-POWELL. GEORGE M. DAWSON. No. 131. Sir J. Pauncefote to the Marquis of Salisbunj, — (Received September 8.) (Telegraphic.) Newport, September 8, 1891. I HAVE the honour, with reference to my despatch of the 28th ultimo on the subject of the compensation clause in the Behring's Sea Arbitration Agreement, to inform your Lordship that I have received a private and unofficial answer from the Acting Secretary of State to the following effect : [See Mr. Wharton to Sir J. Paimcefote, September 7, ISOl, Inclosurc in No. 135.] 83 No. 132. Colonial Office to Foreiyn Office. — (Received September 11.) Sir, Downing Street, September 10, 1891. WITH reference to previous correspondence, I am directed by Lord Knutsford to transmit to you. to be laid before the Mnrquis of Salisbury, a copy of a despatch from the Governor-General of Canada, inclosin": copy of a despatch from Sir Julian Pauncefote, toffcther witii an approved Minute of bis Privy Council, concurring in a Report by the Minister of Marine and Fislieries on the subject of certain Reports and papers relating to the conditions of seal life in the Pribyloff Islands. I am, &c. (Signed) K. H. MEADE. Inclosure 1 in No. 132. Lord Stanley of Preston to Lord Knutsford. My Lord, Stanley House, New Richmond, P.Q., August 18, 1S91. I CAUSI'3D to be referred, for the consideration of my Government, a copy of a despatcli from Her Majesty's Minister at Washington, coverin>r cojiies of Reports of tlie United States' Government Agents ^stationed on the Triiiyloir Islands, wliicb were laid before Congress in February lust ; also an extract from the " Cleveland News and Herald " of the 4tl! May, 1891, containing the introduction to Professor Elliot's voluminous Report on the condition of seal life in the rribyloff l.slands during the summer of 1890, which did not >'uciimpany those presented to Congress; and I have now the honour to transmit to your J^ordship a copy of an ap])roved Minute ol' the Privy Council concurring in a Report appended thereto by the Minister of i\larine and Fisheries on the subject. I have also the honour to inclose a copy of the above despatch from Sir Juli Pauncefote ; and for the inclosures I would refer your Lordship to the Britiaii pri n "United States No. 2 (ISOl):" " Further Correspondence respecting the Lehring's Sea Seal Fisheries," p. 12, Appendix, Inclosure in No. 1 ; also p. 53, Inciosu;e 2. I have, &c. (Signed) STANLEY OF PRESTON. Inclosure 2 in No. 132. Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-General in Council on the 3rd August, 1891. THE Committee of the Privy Council have had under consideration a oespatch, dated the 2:.'nd May, 1891, from Her Majesty's Minister at Wasliington, covering copies of Rei)orts of the United States' Government Agents stationed in the Pribylotf Islands, which weie laid before Congress in February last; also an extract from the "Cleveland News and Herald" of the Ith May, 1891, containing the inirouuclion to Profe.ssor Elliot's voluminous Report on the condition of ;',enl life on flie Pribyloff Islands during the summer of 1 S'.iO, whicli did not accompany those (.veseuted to Consress. The Minister of Mirine ami F^isheries, to whom the de:^patch was rererrcil, submit the annexed Report, da.ed tlie -'5th .July,"^SiJl, upon the subject under consideration. The Committee concur therein, and on the recommendation of the Minister o Marino and F'isheries advise that your Excellency be moved to forward a eopy of this Minute to the Right Honourable the Secretary of State for the Colonies, for the informa- tion of Her Majesty's (lovernment. All which is respectfuUv submitted for vour Excellencv's approval. (Signed) JOHN J. McGEE, Clei'k of the Privi/ Council, L672J M H Inclosurc 3 in No. iii'2. Report. To his Excellency the Governor-General in Council. THl'] Undersigned has had referred to liiiu a ilo-ipatch from Her Majesty's Minister at "Wasliiiii^lon. dated tlie '22nd May, lyOl. coverinu' copies of Ro])orts of ilio United States Government Auents stationed on the Prihylot!' Nhmds, whidi were laid liefore Conjfress in Fehniary last ; also an extract from (lie "('lev(dand .\"ws and Hi raid" ot the 4tli ^^!ly, IS',)], containiiifr the introduction to Professor I'^lliot's vohnniiious Report on the condition of seal life on the I'rihylotf Islands durinjr the summer of 18'J0, which did not accompany those presented to C(mgress. It will ite rememhcred that on the 'JTth May last the Undcrsiffncd had the honour of roportini; to )our Kxcellonoy upon tlic statement of Special Aircnt Golf and his assis- tants, in which he at some lenj;th reviewed the statements therein contained, 'i'his l{eport was a])|iroved hy your Excellency on the t'tli June, 18U1. and the Undersigned ■would n(nv invite attention thereto. He had at that time occasion to regret that the nx parte Kepurt of Mr. Henry AV. Elliot, to which reference had frequently heen made, had heen withiield from pu'ilicaiiin, and not communicated to the Canadian (lovernment. Tiie newspa])er extract now referred to the Undersig.ied, hovever. contains a lengthy introduction to this IJeport of Mr. l']lliot, apparently emhracing tiie principal features dealt with in detail in the hoiiy of his Report. This article is prefaced hy the statement that Mr. Blaine is, through tliis Report, in possession of information not previously at liis disposal, whicli, it is argued c mnot fail to imjiress upon all concerned the necessity tor immediately preventing the killing of seal.s in the open waters of Behring's Sea ; but it is to he notic(nl that the pvepDuderance of the evidence referred to in the Report is entirely op])osed to liiat, particular view. It is 8ul)nntted that the Report really aims at the operations on tiie lireeding islands by the lessees of the United States' Government. Mr. IClliot says : — " I eiiiharkcd upon this mission with only a faint apprehension of viewing anything more than a decided diminution of the Prihylotf rookeries. causeliiid and those of St. George Island," Jlr. Elliot is impressed with the bad ellect of " driving' the seals for years, which practice, in his opinion, reiulers them unfit l\n si rvice on the breeding-rookeries, " being utterly demoralized in spirit and body," anil tliis i-; now admittedly the principal cause of tho reported decrease in seal life. .Vccording to .Mr. Elliot, pelagic sealing, or " poaching," as he terms it, commenced in 188(). If continued under the harassing and embarrassing interference of the United States' authorities down to and including the year 1889— just four years. He describes the rookeries to have been " in s|)eiidid condition," .... when " they passed into the liands of the ITnilod States." Now, after tnenty-two years of killing operations on the islands, he sinhh-rdy discovers reasons to fear extermination of the seal species, and attributes tlic falliiig-otf in a groat degree to four years of pelagic sealing, beginning in 188(3 ; ill the face of this statement, in the same Report, that "that day in 1879 when it became iicces-aiy to send, a sealing gang from St. Paul village over to Zapodnie to regularly drive from that hitherto untouclied reserve, was the day that danger first appeared in tangible form since 1870 — since 1807 for that matter." That is to say, seven years before miich-ahiised pelagic sealing, according to Mr. Elliot, had begun. Tims, in the oiiiiiioii of tlie Undersigned, in the light of this and similar Reports, are his repeatedly expressed views vindicated, as also is tin; fact established that the protec- tion to seal life on tiie islands, provided hy the United States' Government, is and has been w holly inadequate. The Reports, however, reveal anotiier tact entirely opposed to the contentions of the United States' authorities nnd Agentti, and of Professor Elliot himaelf. This fact is, that 86 the whole nysteni of conducting the scnlinfr industry, on the only places wliere it hog been held sonls could be protected, bus beeu eouceived and Inised upon luinentablj erroneous ideas. Till' stntc of aflhirs tlius recorded affords a fitting;; commentary upon a system of proteili'iii wiiic'h will ndniit of llie constant interference, dealini; torture and death to these nuiiuals in a wild state, on orotnids chosen by lliem for aiiiiuHdy perl'orniiriK their functions of procrentinn. It is ojiposed to the liist iu-itiuct of all aniuiul natuie — that of sclf-iireservatioii — and is iiiiuirably adapted to drivinj;- the seals from the breeding- rookeries to seek other haunts. While the I'lidersiuiicd does ncit consider it necessary in this connection to refer to the (]uestion of riyht rai^id by the term " poacher," as applied by .Mr. I^lliot to pelagic sealers, this (|uestioii being one all'ecling an entirely distinct feature in the controversy in no way connected with the (|uesliou of the preservation of seal life, he desires in passing to briefly state the following: — \t has been clearly established that no attempt has ever been made by any of the (Janadiau sealing licet to operate within the teiriiorial waters of the United States. The unwarranted inteiference by United Slates' revenue-cutters has in every case been out in the open waters of the sea. J'ree to them and to the subjects and citizens of all other nations. In his Report Mr. I'jlliot dwells at eon>iilerable length upon the history of the sealing industry of the Pribyloff Islands under the liu-^-iau rule i)revions to the aeipiisi- tion of these islaiul.-. by the (iovenitneiit of t!'e iJniieil States. Jle argues tliat to the fact that ivi these earlier days the skins were air-dried (not salted as now) is clue the fact that the seals were not y(>ars ago exterminated, the work ot sealing being then far slower and nuicli more diliicult than now. In his opinio!! the inability to rajjidly cure the skins for shipment alone Haved the Pribyloff rookeries from utter exlerniination, as at least thirteen trading organizations were engaged on these islands continuously for seventeen years in taking the fur-seal skins ; and he believes, bad they jiossessed the knowledge of salt curing now in vogue, they would have killed every fur-seal which showed itself, Yet farther on he ijuotes from Jiishop Veniamiiiov, that, in 1803, 8(J0,00O seal skins had accumulated, of which 700, OUU, having spoiled, had to he cut or thrown into the sea 'I'lius on one occasion enough skins were destroyed to cover seven years of the l^tal take of the former American lessees, or nearly twelve years' take oi' the prcKent Company, under the terms of their lease, adopting the basis of 00,000 skins per annum. The system, or even want of system, which permitted such drains as this upon the seal life of these islands by so many Conipanics must have been less hurtful to seal life than the organized methods pursued under the supervision of the United States' Govern- ment;, for though the earlier sealers did not know how to preserve the skins tvhen they got them, the present lessees, it is allei^ed. cannot get them to preserve, though only one organization has been engaged for twenty-two years, as against ....rteen organizations indiscriminately working for seventeen years; and the one organization began ojierations with the ro(df the 15th .hine, 1S91, wiih regard to the killing of seals hy the United States' Agent in the seal islands, iind e.\pre;-sing tlie cnnviction of Her ilajesty's Government that the I'resident will not countenance any evasion of tl;e true spirit of the Agiec:nent, and will take tiie necessary measures to insure its strict ohservance. 1 ha\e now received a note from the Acting Secretary of State, in reply, in which he informs me that my statement will receive the immediate attention of his Government. I have, &c. (Signed) JULIAN PAUNCEFOTE. No. 135. Sir J, Pauncefote to the Marquis of Salisbury. — (Received September 21.) My Lord, Nevpnrt, Septernber 10, 1891. WITH reference to my despatcl. of the 28th ultiuto, transmitting copy of the private and unofficial letter which 1 addressed to the Acting Secretary ot State on the subject of the compensation clause of the Behring's Sea Arbitration Agreement, I have now ihe honour to inclose a copy of the re])ly which I received from Mr. Wharton to that coninumication, and the substance of which 1 reported to your I^urdship in my telegram of liie Sth instant. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure in No. 135. a Mr. Wliarlon to Sir J. Pauncefote. (Private ; nd Unofficial.) My denv Sir Jtilian, Department of State, Washington, September 7, 1891. YOUR private and unodicinl note of the 2ijth Augtist was duly received, and I desire now to reply to it it the same jirivate and uiioflicial manner. The I'resident is unable to see how the daira. • clause last proposed hy him can be held to imjdy an admission on the part of G'-jf '. Britain " of a doctrine respei'ling tlie liability of (iovern- mcnls for the ai*;8 of t'cir . • nals or otlier ])ersons sailing uiider Iheir Hag on the high seas, which is not wnTanicd by international law." The jiroposition was e.\]]res8ly framed so r.s to s>:hnv* ti> f: t Arbitrator the (juestion of the lial>'lity of 'ircnt Britain for the acts of vessels ,;j''ing under its fins. It did not assume a liability, hut was framed e.\prcssly to avoid this objection, wiiich had been urged against the previous proposal. I quote from my note of the 23rd July :— • See No. 123. also 89 " The United States niifjlit well insist that Mu Majesty's Government should admit rcsponsiliility for tlio acts of the Canadian Koaleis whicii it has so directly eneourafjed and promoted, precisely as in tiie })roj)osal tlie I'.iited States admits responsibility for the acts of the reveime-vessels. But, «itli a vi',n to remove what seems to be tiie last point of difference in a discussion wjiicli lias been very much protracted, the President is willinjr to modify his proposal, and directs me to oiler the following " The claim of the llnited States was stated in my note of the 2-"kd July accom- panying the proposal, and the President does not see how the claims of the respective Governments could be more fairly or fully submitted. This Government proposes to submit to the Arbitrators the question whether Great Britain is liable for the injury done to th" sea) tisheries, the property of the United States, by the Canadian vessels that have, under the stimulation and support of the British Government, been for several years engaged in the liehring's Sea. The proposal of this Government was that the Arbitrators should consider and decide such claims in accordance with justice and equity and the respective rights of the High Contracting Parties. The President is unable to accept the last suggestion whicli you make in your note, as it seems to him to be entirely inctfectual. The facts connected with the seizure of Canadian sealers by the revenue-vessels of the United States on the one hand, and with the invasion of the sea and the taking of seals by the Canadian sealers on tlie other, are well known, and doubtless could be agreed upon by the respective Governments without dillieulty. It is over the question of liability to respond in damages for these acts that the controversy exists, and the President can see no other course for this Government than to insist upon the submission of the question of the liability of Great Britain for the acts it complains of to Arbitrators. Tiiis Government does not insist that Great Britain shall admit any liability for the acta complained of, but it may well insist, -f tliis arbitration is to result in any elFectual settlement of the ditfcrences between the two Governments, that the question of Great Britain's liability shall go to the Arbitrators for decision. If you have any suggestions to make in support of the objection that the proposal made by the President a-sumes a liability on the part of Great Britain, the President will be very glad to receive them and, if necessary, to reconsider the jduaseology ; but uiion a careful and critical examination of the proposition ho is unable to see that the objection now made has any support in the terms of the proposal. I have, &c. (Signed) WILLIAM F. AVUARTON. IS'o. 18G. Sir G, Baden-Powell to the Marquiis of Salisbury. — {Received October 9.) (Telegraphic.) Victoria, October 8, 1891. COMMISSION to-day returned Esquiraalt. Await instructions in Victoria. ^'o. 137. Sir J. Puuncpfole to the Marquis of Suliaburij. — {Received October 12.) (Telegraphic.) Wusbiiiijloii, October 12, 1801. tlli'j United States' Goverrment urgently press for a r(.'ply to their note oi 23rd July. Shall I send ollicial reply in the sense of my ])rivate letter of 20th August to Mr. Wiuvrton? The middle co\irsc therein proposed, which I presume is acceptable to Canada, might yet be accepted by tiie President, in order to arrive at a settlement. No. 138. The Marquis of Salisburi/ to Sir J, Pauncefole. (Telegraphic.) Foreiijii OJfice, October 15, 1891. IN accordance with the suggestion in your ti-le^^ram of the 12th instant, you are authorized to repeat oincially to (he United States' Government the propo,sal made [d72j N 90 in your private letter of the i'Oth August to Mr. Wharton respecting the Behring's Sea arbitration. No. 139. Colonial Office to Foreign Office,— {Received October 17.) Sir, Dnwnimj Street, Octolier IC, 1801. WITH rofurcuco to your lotlcr of tlic IStli .Inly, res])ecting tlie objcctioiis of the Britisli Cohiniliiii Sualcrs' Association to the jnissing of the •' fcJeal Fishery ( Id'hiinj^'t! Sea) /\ct, IS'.U," I ain diroL'tod by Lord Knutsford lo trausinit to you, for the informa- tion of tlie Martjiiis of Salisbury, a cony of a dc>pa(fli and its inclosurcs from tlie Govcrnor-Genoral of Canada on tin! subject. T am, &c. (Signed) EDWAl^D WINGFIELD. Iiiclosure 1 in Xo. l^^'J. Lnrd Stniilri/ of Vre^lou lo Lord KniUxford. lly Lord, Government Ilniise, Ottawa, Octolier 1, lJ^i)l. AVI'l'JI reference (o your Lordship's dospalch of tlie Uilli .Tuly last rehitive to the objections cntcrtf.incd by tlie liritish Columbia Sealers' Association to tlie legislation proposed by Her Majesty's (iovernmeut uitli the object of eslal)lisbing a close season for seal in l?oluinii's Sea, I have the lionour to forward to your Lordship herewith copy of an ai)])rovcd Minute of the Privy Council, to wliich is appended copy of a letter addressed lo the Scalers' Association by tlie .Minister of .Marine and Fisheries in the sense of y(nir Lordi-hip's despatch above referred to. I have, &c. • (Signed) STANLFA' OF PRESTON. inclosurc 2 in No. 139. lieiwrt of a Committee of tin' I lorioi'rclile the Prii'ij Coiineil, approved b>/ liis ExceUency the dovernor-G'eiteral in Council on tlie 2\.st Septeinher, ISiH. '\'\IE Committee of tlie I'livy Council have had before (hem a despatch dated the K'ltli .Inly. Isui. from the l'ii;lit Hououralde the Secretary of Stale for the Colonies ackiiowled^inu; tlie rt'cei])t of a Minute of tlie Canadian I'rivy Council inclosing copy of n letter from the liritish Columbia Sealers' Associalioii. The Minister of Marine and iMsherics to whom the matter was referred, now states that a re]dy lias been I'orwarded In' him to the .\ssocialion in tlic sense indicated (a copy thereof is aii])ended hereto). The {'oinmittec, on the recoiiiiiieiulntion of the Minister of Miiriiie and Fisheries, advise that your lOxcelleiicy be moved to forwaid a ro|iy hereof to tlii' i'riiici]ial Secre- tary of State Inv (he Colonies for (lie information of Her Majesty's (loveiinnenl. All of which is respectfully submitted. (Signed) .lOHN J. Mct)l':F, Clerk of llie I'riri/ Council, ineloMire -T in Xo. 1-39. Mr. Tvpprr to .'^iiilevK' AsifOeidlion. Oendcmon, Ottawa, Sertemhrr TO, \«.)}. ]l]]\\'Al'V\'SC. to my letter to you of the i;ith .liine on the suljjeet of yiuir comma- nicntion of the oth of (hat month, on behalf of tiie Sealers' Association of Victoria, remonstrating against the proposed modus vircudi in Hehring's Sen, I have now the honour to inform you llint Her Majesty's Govornmont is of oninicn that the total cessation of sealing in Behring's Sea will greatly enhance the value of the produce of m the coast fishery, and docs not anticipate that British ':sealers'''will suffer. to any great extent by exchision from Beliring's Soa. Her Majesty's Government, liowevor, will bu jirejiaroil to' con';idcr any case in which it is clearly establislieil that direct loss lias lieeii s'ld'ercd l)y a l'»ritish subject through the enforcement of the proliihition against scaling in IJoliring's Sea. AVith reference to liie wish of the Association that it should he [heard before the Arbitration Couimission, the Secretary of Binle for the Colonies intimates that, as the Joint Commission of l-Ixperts has been aiipninlcd to examine all (juestions connected "ith seal life, and the fur-seal industry, for submission to the Arbitrators, y(ui should lay any statements yciu (le>irc ti) make befdre the ('ommi-^siou of J'^Kperts in the lirst instance, and thai, in the event of its being found necessary to call?:evidence before the Arbitrators, in addition to that which may lie presented to tlie Commission of Experts, Her jMajcsty's Government wid not tail in bear the wishes of the Association in mind. 1 have, &c. (Signed) CHARLES II. TUPrER. Xo 110. The Behring's Sea Comnmsionvrf-- to Ihc Murqvis ot' Salishiiri/. — {Ixcceircd October 19.) My Lord, " D/muIie," nl Oundlnnkn, September 17. 1891. Foil the ]iur]>ose of our iiuuiiry into the conditions of senl,^lito in Behring's Sea and other parts of the North Facitic Ocean, wo deemed it advisable to vi.-it the Russian seal islands, and we were pleased to receive at Ounala^ka on the 21st August a telegram from your Lordship informing us of the rcceii)t of a not.' from the Russian tiovernn-ent authorizing us to visit their seal llsheries. and stating that tlie Govcruor-Geneial at Amoor bad been requested to afford us every facility. '_'. AVe accordingly visited the Connnander Islands, arriving olf l'ehriug"s Island on the 1st Scplendier. 3. Tlie AdTuinistrafor, M. Grebnit/.ky, had not heard of us from the Amonr, but on learning of oiu' mi>sion, showed us every courtesy and lios])itality, and from his own ample exj)ericnce and observations gave us most valuable information as to the conditions of seal life in Russian waters. Cn Copper Island, the Government Superintendent, M. 'I'illmaim, acting on instructions from M. Grei)nitzky, gave us full information, and accom[)anied us to the rookeries, cxtondiiur to us the nio.it friendly courtesy. 4. Wo then ))roceeded to I'l^tropanlovski, and there from the .Commandant, M. llomyakoll', and Cajilain Hraiult, of the Russian Imperial steam-ship " Aleut," we again receiwd much conrtesv and assistance in our inipiiries. 5. We venture to hope that the Russian Government will be informed of the extremely satisfactory character of our visit to the Russian sealing-grcuuuls, and we w(ni!d take tiiis occasion of expressing our opinion of the great value to the elucidation of the conditions of seal life, of the iufoitnation and .ippiu'tunitics for ;ohservati()n which we were afforded by I lie liussian autiiorities on the Commlinder Islands and in Kamschatka. G. Wo inclose herewith, for your Lordship's information, copies of (he letters which we addressed tc the Aclmiidilrrtor of tiie ('(unnvinder Islands and the Com- matulant at I'etropaulowski, expressing our sense of the valuable i'aeilities they have afforded us. We have, &c, (Signed) (;i:ORGP. HADEN-POWELL. GEORtJE M. DAWSOX. Inclosiuv I in Xo. 110. The IMtr'mifn Sen Commi.isioiiers In the JJmiiii.'-iiViijr of the ('onDiitnnli r lalinuln. Sir, " l>iuiiibe," III I!ihriiii/s hl'iml, •'•ieplember 2, 1891. IL\\'IXG bed! a])poinled Her Rritimnic Majesty's Conunissiouer to hold an incpiiry into the conditions of seal lil'e in l)ehring'^; Sea and other ji.irts ot' tlie Nnilb I'acitic Ocean, with a view to the arbilration peiuling on the subjecl bolween the Governments (d' ihe Cnited States anil (.uvU llriiain.we considered it to he of much importance to the success of our ndssion Ihiit we should olitnin full inroruiation cmii'iu'nin^- the facts of seal life and the methods of killing adoi)ted on the Comuiander Islands. [572"; N 2 92 "W'e received a confirmatory telagram from the Secretary of State for Foreign Affairs in "Eni.^lanil, statin^' tlint tlic IJussian Oovornmcnt liail been good enough to autliorizo us to visit their seal fisheries, and tliat tlie Governor-tiencral at the Auioorliad been requested to afl'ord us every facility in the ])r()secution of our inijuiries. Xot having time to communicate witli the Governor-Gcnerul at the Anioor, we vcntin-cd to come to Helning's Island, and wo have had tlie good fortune to meet with you, and now would bog to teniier this expression of our best thanks for the courtesy with which you have received us and for tlie valuable and full information which yout long experience and accurate knowledge of all connected with sealing enabled you to afford us. We have, &c, (Signed) GKOROH HADEN-POWELL. G1]011GE M. DAWSON. Inclosure 2 in No. 140. The Behring's Sea Commissioners to Mr llomyakoff. Sir, " Damihe," at Petropauloirsld, Septtmber 9, 1891. AVE have the honour, before we leave Petropaulowski, to convey to you our thanks for the courtesy with which you have received us during our visit to your command, and for the information which you have so freely ])laced at our dispo.-al. Having been appointed Her liritannie Alajesfy's Conmiissioners to investigate tl.e conditions of seal life in the North Pacific Ocean, with a view to the preservation of the lur-seal, we deemed it specially advisable to obtain full information concerning the llussian seal islands. We received a telegraphic despatch from the Secretary of State for Foreign Affairs in England stating tliat the Russian Government had been good enough to authorize us to visit their seal fisheries, and that the Governor-General at the Amoor had been re(inested to afford us every facility in the prosecution of our incjuiries. As the limited tune at our disposal diil not admit of our communicating with the Governor-General at tiie Amoor, we would beg you to be good enough to inform his Excellency of our visit here, and to convey to him our high appreciation of tiic manner in which you have received us. Wo have, &c. (Signed) GEORGE BADEN-POWELL. GEORGE M. DAWSON. No. 141. The Behring's Sea Commissioners to the Marquis of Salisbury. — {Received October 19.) My Lord, " Dmiuhr," at Ounalaska, September 17, 1891. IN continuation of om' despatch of the Olli August last, wc have the honour to report that since that date our pmceedings have been as follows: — 2. Otu' first cruize was to tlie eastward and northwnrd. with a view to observing the facts of seal life in those directions, and actjuiring trustworthy information as to the northern limit of the fur-seal. ;V AVe visited the native and other settlements on Nunivak Island, Cape Vancouver, St. Matthew Island, St. Lawrence Island, and I'lovcr Pay. On our voyage northwards, and \W\{ the I'ussiiin seiil islands, Ijrr Majesty's sbi|i " Porpois(! " was delaiied to accoiripiniy us, she being on her way back to Ihi^ China Station. G. The " Porpoise," under the comnuvnd of Captain J. LcbUo Burr, from whom wo received every assistance and attention, kecpinj^ a more northerly course to look for seals ami scliooners, joined us at Attoo on (lie 2',)th August. 7. AVc proceeded to the Commander Islands and to I'ctropaulowski, and on this portion of our cruize wo are addressing a separate despatch to your Lordship. R. Tyoaving Petropaulowski on the lOlii September, wo shaped our course for the Prihyloif Islands, so as to strike them from a westerly direction, keeping an accurate record of all seals dhserved. 9. Paying our linal visit to the rookeries on St, Paul Island nfter a further interval of twenty-si.>L days, we found that Mr. Stanley ]$rown, having completed his full observa- tions of seal life on behalf of the American Commissioners, luid just left tiie island. 10. Wo thus secured the opportunity of making the latest observations of several important points in relation to our imjuiry. AVc noiy ])ropDsc to continue our investigations by the collection, on our return journey to Victoria, of evidence from those engaged iu sealing on the coast of British Columbia, We have, &c. (Signed) GJ^.OKGE BADEN-POWELL. GEORGE M. DAWSON. No. 142, Sir J. Pouncrfotc to the ifarquis of Halisburij. — {Received October 19,) (Telegraphic.) Washington, October 19, 1891, Wrril reference to your Lordship's telegrnm of the 15tli instant, I addressed a note to the Acting Secretary of State on the 17th instant, in the sense of my private letter to him, and oflicially repeated the projjosal made by your Lordship. I called by retjuest at the State Deiwrtment to-day, and Mr. Wharton asked me informally to submit two alternative clauses to your Lordship. A disclaimer is contained in the tlrst clause of any admission of the liability of Great Britain being implied from the terms of the President's clause 7. The second is a clause to be substituted lor the President's clause, and is in the scn.se of your Lordship's proposal. The text of the two clauses follows : — [See Inclosurc 1 in Sir J. Pauncefote's despatch of October 23, 1891 : ludosure 1 in No. 100, infra,'] Will your Lordship authorize me to inform the United States' Government that you accept the second clause, in which case thev will at once propose it in answer to my note of the 17lh instant? It will be left to further negotiation to settle the choice of Arbitrators and place of sitting. No, 143. ifemorandnm by f^ir G. Ihulcn-Pnircll on the Limitation of the Number of Fnr-seals to be taken on the Pribtjlojf Islands in 181)1. — (Received at the Foreign Office, October 20.) Limitation exceeded. BY Agreement between the Tnited States and (Jreat Britain not more than 7,500 seals were to bo taken on the PribyloiF Islands in l.^^Iil, 2. On visiting the I'libylnfl Islands in duly and August 1801, the British Commis- sioners fomul that since the dpening of the season and u)) to the ttli August about 9,100 seals had been taken, and that it «as in C(uitenii)lation to kill about 2,000 more before the close of the season, making a total for the yenr ol' 12,000. ?>. The cxplauati(ui of this excessive killing is to be found in the interpretation jilaced by the aulliorilies in the seal islaiuls on the terms of the modus vivendi of Juno 1891. 4. The claiiso (No. 2i of the modus rirendi nnis thus : "The V'nited States' Ciovern- niexit will prohibit soal-killiug for tlic same period " (until May 1392) " in the same part 94 of Bohvini^'s Soa, ami on the hIiovos and islands (hereof (ho property of the United States (in excess of 7,500 to be taken on tiie islands for the sul)sistoncc and care of the natives). ..." Intention of United Slates* Government in imposing Limit. .">. The intention of the President of the United States in insistinj,'' n])on tiiis ])roviso as to 7,500 is evident in tlie various statements ollicially made on liehidf of the United States. (i. On tiie 'J5tli April, 1 SOI, the President instructed Mr. Blaino, the Sccretarv of State, to inform Sir Julian Pauncel'ote : " . . . . Some seals must he killed by the natives for I'ood ; . . . . the lessees are bound under their lease .... to feed and care f(n' ilie natives and for Ibis service, .a verv e.^iiensive one the lessees should liiul their o-noensatiou in takin.:^ a moderate number of seals." 7. .Mr. Jilaino, in his letter to Sir Julian Pauneelbte of the -Itli .May, ISOl, correctly explains (bat inuier their lease the Company is bound to furnish to the natives — (L) Dried salmon. (2.) Salt and barrels for jn-cserving meat. (;!.) bO tons of coal. * ' « . (I.) Dwellings in i;ood re))air. (.">.) Schools anil teachers. (G.j Church. ' (7.) Physicians and mi'ilieal sinrcs. (8.) Necessaries of life for widows and orphans, aii'ed find iii!l:'ni, who are miable to provide for themselves. S. yir. I'daine adds: "The comfort, jio^sihly (he safety, of all these bnniau beings is dependent on the Comi)any. ... If the Company shall .... be deprived of all privilege of takinii' seals, they certainly could not be compelled to minister to the wants of these oOO inhabitants for an entire year, [f these islands are to be left to charity, the North .\nierican t,'(iiii])an\- \- under no f;rcater oliliiiation to extend it to (hem than any other citizens of (he rnited States. It evidently ien the lOtli Aiit;ust, 1801, at St. I'iiul Island, tlial the Company had already made a c'liarilal)le advance of '.^,700 dollars to the natives towards their winter's siipiiorl, hnt that he had informed the Company that he was authorized to provide the natives duiini;' the rest of the year with everything that tliey really required, at the Govcrnnieiit ex|)ense, and that therefore tlie natives might spend the Company's advance on whatever they pleased. lie also explained to ihe Conunissioncrs tliat the 'I'reasnry was fovmiilly coinmitlcd Id such expenditure, and that the money would he provided out of tlio general vote, which would be pas-scd in the usual course iiy Coni^rchs in the Apiiropriation Act. 14. Cnloni'l Murray also slated tliat absjlute ortop all Killing of •' blue " foxes, which had hitherto ali'orded wajics to the natives during the winter. 1.'). This year there will necessarily be a shorter sui)ply of seal meat, as comparatively I'eiv seals have been killed ; ))n( there are still man}- to be killed for winter sloraue, and there,' will be no check on the oilier ordinarv local food supplies, viz., sea lion, lish, and birds. Aclion of Companij on Islands. Hi, I'oth at St, i'aul and St. George I exainiued the stores, and found that the Company, in anticipation of the winter's needs, had ample stocks of provisions, special in some cases, including salt salmon, beef . and jiork, ilour, bisi'iiits, sugar, and tea. 17. In regard to the cost id' jn'oviding for the natives, .Mr, 'I'ingle, the Company's energetic Superintendent, inl'ormcd me tliat he wns authorized to oxiieiid up to •Jo, 000 dollars f,"i.Oiiii/.\ hut that lie did not anticipate a nuicli greater expenditure than 10, OIMI dollars (;<,200/.) to 18,0oO dollars (n,(iOO/.) to completely provide for the natives during the coming winter. This estimate gives about l.v. per day per man, Wduian, and child foi food and necessaries, and is exclusive of housing and fuel, nor does it include such wages as may have been earned already or may yet be earned in seal- killing, hoii^e - paintinu, and other work on which it is contemplated to emjiloy the natives. Mr. 'I'ingle added thiit if the Company chose to refuse supplies the Govern- ment was IkuukI to sujiply tlieiii, but that he had special instructions, if necessary, to provide ftii all the needs of the natives, autl that he was prepared so to do. Fiiianciiil lii'siills. 15. In regard to the actual number of seal-skins available to meet this exiiendi- ture, I found, after careful examination of the books of the C'om)iany and Government, and inquiry of the oliieials, thai the apiuoximate mnnhers were as follows : — (111 stuck from l:ist yi .'U' (IS'.iO) .. Killcil licliirc l.jtli .iuiii', IS'.il K\ll"il IjfUvri 11 ;."tli Mild 'Mn\\ Jinu' Killril bi'twccii 2111I1 iliiiie 1111(1 llli .\ui,'U»t To be kilk'il ill autumn ., ., Toliil skiiiK availublc (IS',0 I ,. :i,,500 •l,."i(lO ;S,ii()(l i,i;oo L','.100 1 0,500 The slock brou,;;l\l over from the iireviotis year comiirises the skins taken in excess (if that year's ))eniiilted (|U(ila, and is customarily carrit'd to the account of the next year's quota. The estimaled numlier of ^Jii.O killed before tlie loth .hine, 1801, was made by the Treasury Agent, and would leave :i,000 kilhd before the L'Otli .lime, on which day there is entered in the oflicial Government log the note, "This killing tilled the quota of 7,000." The Treasury Agent iuforined mo (hat he was permitting a total of 7,oC0 to be killed niler th.o lolli Juno, so that there remained 2,000 to ho killed in the autumn, seeing that 1,000 had been killed between the loth June and the commencement of the "stagey " season early in August. 06 19. Tlic Company will thus have for sale this year not less than 15,000 skins, of a probable value, at i'U dollars the sUin, of .'(00,000 dollars ((iO,000/.), about one-half of wliich would accrue to the ( Jovcrniiunt for taxes. Tlie ex]ieiises on the islands, on bciialf of the natives, would not exceed r),(lf)0 dolhiis (1,000/.). The additional cx])enses of providing food for the na .'wes, "hitdi the Governuient of the United States have undertaken, are estimated not to exceed a total of L'0,0(tO dollars (4,000/.). 20. The Government of the I'nited States are ])resumabl_v entitled to insist that the quota for this year had been fixed at 7,500, with the special objects of defray injj certain expenses, aiul of preventini;' any killinjj; for purely commercial purposes, and that therefore any skins accruin;;- to the ('omi)any in excess of this ",')00 must be stored to the account of next year's quota. J'iven if this riiiid view were taken, the Company would secure a trade revenue of 1.5,000/. to cover an expenditure of 1,(100/., ■while tiie Government would receive a tax revenue of l."i,000/. to cover an expenditure of 4,000/. !5ut if this reservation be not insisted on, the lespective revenues would yield net ])rotits to the Company' of 29,000/., and to the Government of 20,000/., a result certainly not contemplated by the President, Action of Treasury Agent on Islands, 21. In regard to the action of the local United States' authorities, I found that ilajor AVilliams, the Treasury Agent for the Pribylolf Islands, before leaving San Francisco for the islands, that is before the 27th Nlay, l.'^Ol, had been instructed to keep the Company's quota of skins under 7,500 until further orders. Subsequently he was instructed, by telegraph, to "modify his instructions in accordance with the Proclamation." On the 20th June ho recorded in the oflicial log that the Comjiany's quota of 7,500 had been reached. He permitted, liowever, two killings to take ])laee for " food skins " on l,ie 25th and the 29th June, yielding 009 skins, before he received the Proclamation on the 2nd July. The 'J'reasiu-y Agent did not seem to be aware that all aecei)ted food skins are |)laced to the account of the Company's quota. On receipt of the Proclamation, Major Williams, having no other instructions, stopped all killing, and, as he told us, thought the matter over for three days, considting with Captain Cotton, the United States' Senior Naval Ollicer in ]?ehring's Sea, and others. He came to the conclusion that the limit of catch was to be within the period between the signing of the modus vivendi and ^[ay 1892. Between the 15th June and the 5th July about 3,600 skins had been taken, and Major Williams decided that ;5,900 more skins were to be taken before next May. Up to the beginning of August, wliea the skins became "stagey " and unmarketable, about 1,000 more skins had been taken, leaving a total of 2,900 skins to be taken in the autumn, after the "stagey" season ends in November. 22. On discu'ising the matter with Professor Mendenhall and Dr. Merriam, the IJehring's Sea Commissioners (designate) of the United States, we found they had talked over matters with the local ollicials, bi'f had no previous knowledge of the subject or of the correspondence in which the President's intention was ex]uessed. On the 5th August, 1S91, Dr. Merriam again opened the subject to me, saying that Colonel Murray had explained that only 0,000 had as yet been killed, adding, " Of course it only means after the date of signing the hiodiis vivendi." Professor Mendenhall, chancing to come up at the same lime, concurred in Dr. Merriam's view. In reply to my in(iuiry they did not know that Major Williams had been instructed on the 27tli May, on his way to the islands, to stop killing at 7,500 ; nor that in the otlieial log was the entry on the 20th June, " This filled the quota of 7,500." 23. It would therefore ajjpear that the United States' authorities on the islands had not been in any way specially instructed beyond the "lear order given on the 2i'tl! Mtiy, 1891, long antecedent to the 15th June, to stop killing when 7,500 had been liiken— an order obviously in keeping with the agreement come to preliminary to the signing of the inodus vivendi, that on the President's suggestion the Company should be permitted this year to take 7,500 skins and no more, and these only for a specific purpose. Summary, 24. Mr. Blaine wrote on the 4th May, 1S91 : "The President cannot leave these worthy and innocent people to the hazard of starvation, even to secure any form of asjreement with Lord Salisbury touching seal life." 'J'hc President therefore suggestss and Lord Salisl)ury accepts, the ])roviso that the Com])any siionld be allowed, in the word, of the President, " to take a sufficient number of seals, and no more than sutlidient, to 97 recompense the Company for tlirlr outlay in taking care of the natives." Major Williams, tlie particularly able Treasury Agent on the islands, was placed in a position of much complexity and didiculty, and decided to the best of his judgment. Indeed, every one concerned has acted in ))erfectly good faUh. It was entirely duo 1o the meagreness and misunderstanding of instructions that the remarkable results above detailed have been brought about. In a word, the Company receives skins of a market value of 30,000/. to defray expenses not exxeeding ],00OZ. The (iovernment secures a tax revenue of 30,000/. to meet expenses not exceeding 4,000/. 25. It is a matter for much satisfaction that there are thus secured funds more than ample to jjrovide for " the subsistence and care of the natives." It is a matter for regret liiat when, with a view to the preservation of seal life, an agreement had been come to to prohibit for this year, so far as jiossible, the killing of fur-seals, there Hhould have been sanctioueil on the Priljylotf Islands the killing of 4,590 seals in excess of the very liberal limit permitted under the Agreement. The disposal of the excess of skins thus obtained is a matter for the immediate consideration of the Governments concerned. (Signed) GEORGE BADEN-POWELL. August 10, 1891. iS'o. 144. The Marquis of Salisbury to Sir J. Pauncefote. (Telegraphic.) Foreign Office, October 20, 1801. I HAVl'j received your telegram of the 19th instant, containing the text of two alternative clauses sui^gested by the United States' Government with regard to the submission to arbitration of claims for com.pensation arising out of the killing of seals in Behring's Sea. You are authorized to accept the second of the two clauses proposed. No. 145. Sir J. Pduncrfotr to the ^[nr(jHis of Salisbur)/. — {Received October 20.) (Telegraphic.) IVashington, October 20, 1891. KKFERRING to your Lordship's telegram of to-day, I presume that there is no objection to the Joint Commission Article being also signed by me. No. 14G. T%s Marquis of Salisbunj to Sir J. Pauncefote. (Telegra))hic.) Foreign Office, October 21, 1891. YOU are authorized to sign the Article providing for ii Joint Commission to investigate the facts relating to seal life in Behring's Sea, as suggested in your telegram of the 20th instant. No. 147. Sir J. Pauncefote to the Marquis of Salisbury. — {Received October 22.) My Lord, iVashington, October 12, 1891. IN my despatch of the 4th September last I had the honour to report that, in accordance with your Lordship's instructions, I addressed a note to the United States' Government calling their attention to the violation of Article 2 of the Behring's Sea Agreement for a modus tivendi, signed on the 15th June last (which limited the killing of seals on the islands until May 1892 to 7,500), and expressing the conviction of Her Majesty's Government that the President would not countenance any evasion of the true spirit of the Agreement, and would take the necessary measures to insure its strict observance. , [672] 96' T have now the lionour to inclose copies of tlmt note, and of the reply of tlio United States' Government, which I received on the 10th instant. In tran.sinittiii!^ these documents I venture to submit to your Lordship the fnllowinpf observations. No question can reasonably arise as to the meaning of the Aj»reement as imilcrstood by the two Govornmonts. Your Lordship will remember tiiat when Mr. HIaine first proposed a reservation of the right to kill a limited number of seals on tiie islands for the care and subsistence of the natives, I objected to the suggestion as detract inir from the princi])le of equality which was a feature of the original proposal. Mr. Blaiiio, in his note to nie of the 41h May, 18!)1 (of which a copy was inclosed in my di!s]iat('li of the jth of that month),* dwelt at great length on the various grounds, princi- pally humanitarian, upon which the proposal was based, and concluded as follows: — '' Ii\ this exigency the President instructs me to propose to Lord Salisbury that he concede to the Nortii American Company the right to take a sufficient nuiTibcr of seals, and no more than sufficient, to recompense them for their outlay in taking care of the natives, and that, in the phrase of the President, all 'commercial killing of seals lie prohibited ])e!iding the result of arbitration.' " The Secretary of the Treasury has a right to fix the number necessary to the end desired. After full consideration, he has limited die number to 7,oOO to l)i> killed liy the Company to repay them for the outlay demanded for the support of the 300 people on the Piil)yloff Islands." Her ]\lajesty's Government consented to the reservation, on the terms and for flic purposes above mentiimed, and, in tiie com'se of the further negotiations, they pointed out that, " it was on the tidelity with which the condition of not killing more than 7.j50(» seals was observed that the eipiality of the ])ro])osed Agreement (lependc(i!" They therefore asked for tacilities for the sui)ervision by Rritish agents of the proceedings of the Company on the seal islands. To this the Acting Secretary of State, in his note to me of the 0th June, 1891 (of which a copy was inclosed in my despatch of the Dth dune), replied as follows : — • " He" (the President) "directs me to ask you to remind Lord Salisbury that the limitation of tiie killing of seals upon the islands is absolutely within the control of the United States, as a daily count is made by sworn officers, and to inform liim that alrcad)', in order to insure such control pending these negotiations, the agents of the Treasury Department who have been dispatched to the seal islands have been instructed to stop the killing when 7,/JOO liave been taken, and to await the arrival of further orders ; though, ordinarily, the taking of seals on the islands does not begin until about the 1st duly. The enforcement of an agreed limitation being so ftdly in the control of the United States, the President is sure that Lord Salisbury will not (lucstion the absolute good faith of this Government in observing its stipulation to limit the catch to 7,500." The two Governments therefore agreed that, up to May 1S!)2, only 7,500 seals should be killed for the support of the SOit peo])le (ni the Pribylofl' Islands, and that all "commercial killing'' (to use the language of .Mr. Blaine) should be stopped. It is ini])ortunt to note that the agents of the United States' Treasury Department, who had been dispatched to the seal islands long before the signature of the Agreement, had been instructed as far back as the 27th May " to stop the killing when 7,500 had been taken." The following are the Articles of the Agreement relating to the restriction on the killing of seals : — "1. Her Majesty's Government will prohibit, imlil May next, seal-killing in that part of Behring's Sea lying eastward of the line of demarcation described in Article I of the Treaty of 1807 between the United States and Russia, and will [ironiptly use iis best etlbrts to insure the observance of this proliibltion by British sul)jects and vessels. "2. The United States' (lovernment will prohibit seal-killing for the same period in the same part of Behring's Sea, and on the shores and islands thereof the property of thi; United States (in excess of 7,500 to be taken on the islands for the subsistence and care of the natives), and will promptly use its best cft'(>rts to insure the observance of this nrohibition by United States' citizens and vessels." It is difficult to understand by what process of reasoning the United Slates' Treasury Agent at the seal islands can have come to the conclusion that ho was authorized under the above Agreement to permit the killing of 12,071 seals. Sir George Baden-Powell and Dr. Dawson, the British Gommissioncrs sent to Behring's Sea, in a telegram from the Pribyloff Islands dated the 5th August, reported of 'i'rc! inci Agr • Sec " Unil«d States No. 2 (1891)," p. S, 99 rstood lirst ■^ for from no, in patch priiici- hr.t he seals, if the ■als he seals that all , It is 'ho had lit, hail 1(1 lieen i':< to your Lordship that this year's catch of seals had already considerably exceeded the niiniher of 7,000, the limit fixed in the Agreement ; and, in a despatch of the same date, they stated that at Ht. Taul they hcd been informed that the Treasury A;;ent had hcen instructed, as far hack as the 2''th May, to keep the quota of seals taken by the Company under 7,500, and that en route to the islands he was nl vised by telegram to interpret his instructions in accordar.ce with the United Stati Proclamation, which cnibodied the Agreement of the ITith June verbatim. This acconi-, entirely witii what is slated in the Acting Secretary of State's note to me of the Oth June, which I have (jiioted above. The British Behring's Sea Commi'.sioncrs, in their despatch above referred to, state that th(! Treasury Agent, Major Vv'il.'iams, arrived at the I'ribyloff Islands on the 10th June, and that, on the L'Oth Juiie. the quota of 7,500 seals having been killed, he htoppid all further killing for the Company. Up to the 20th Juno, therefore, the Treasury Agent entertained no doubt as to the limit of seals to be killed, and as to his instructions and his duties under the Agreement, it was only when a copy of the President's Proclamation arrived at the islands on the L'nd July that he entertained doubts as to whether he ought not to allow 7,500 seals to he killed iVom and after the 15th June, the date of the signature of the Agreement, ignoring all the killing of seals which had taken place prior and U]! to that date. On the :.'.Sth July he iinjiarted his doubts to the British Comm'ssioners, who replied, on the •"iOtli, in writing, that, in their opinion, the intention of the two Governments, as conveyed by Article 2 of the modus vivenili, was tiiat, on the part of the United States' Oovernmcnl, the stipulation would he strictly observed to limit Ih' eatch this season to 7,.')00 seals, and to stop the killing when that number had been taken. A copy of that letter is inclosed in the des])atch of the British Commissioners. Xevertheless, Major Williams read the Agreement otherwise, although it in no way conflicted with his previous instructions, but, on the contrary, entirely confirmed tin The consequence of this proceeding on his part is given in detail in the reply ol 'he United States' ( Jovernment to the complaint of Her Majesty's Government. The numbers of seals killed are as follows : — From iKt Mil)' to 10th June .. From lull to lith June ,. ]->om 1.3th Juno to 2\ul July , • Fioni 2ri(l July to lOlli August l'ormitt.siuii j^tvcu tu kill iu .iddition Total l.Col 2,920 ■1,4"1 l,79li 1,2.13 12,071 The United States' Government do not in terms deny that there has been a violation of the Agreement. They content themselves with transmitting the explanations of the Treasury Agent, and expressing the ho])e that they will convince Her Majesty's Govern- ment that there has been no disposition on his part to violate the stipulations of the Agreement. I hare, &c. (Signed) JULFAX PAUNCEFOTE, Inclosure 1 in No. H7. Sir J. Pauncefote to Mr. Blaine. Sir, Newport, R.I., AiKjust 20, 1891. IN accordance with instructions which I have received from the Marquis of Salisbury, I have the honour to inform you that the British Behring's Sea Commis- sioners have reported, in a communication dated from the seal islands on the oth August, that they find that this year's eatch of seals already materially exceeds 7,'">00, aiul that the United States' Agent permits the killing of seals to continue, as.uming t.lmt the limitation agreed upon commences from the date of the signature of the modus Vivendi. In Iniiiging this infoniiiition to your notice, I am at the same lime instnu'ted to express the convii'tioii of Her ]\Iiijesty's (iovcniment that the President will not countenance any evasion of tlie true sjiiril ol' the Agreement, and that he will take whatever measures appear to him to be necessary to insure its strict observance. I have, &c. (Signed) JULIAN PAUNCEFOTE. [572] O 100 ' Inclosurc 2 in No. 147. '* ' Mr. Wharton In Sir J. Pauncrfole. Sir, Ih'ptirlmenl of State, IVashiiigtmi, October 10, 1801. IT is a source of I'cjjrot tliat an iiiiswor has liecn ho loii}^ (Iciaycii to your note of the 2(ith Aiijjust last, rclatiny; to tliu I'oininiinicatioii of tlic Uritisii Hohriiif^'B Hea Cominissioiiers ns to tin- allotted killiii<>' of seals on tlio seal islaruis in excess of the niunher lixt'd liy tiie A^frocnu'iit of tlic lath .lune Inst. This delay has heeii oecasioned l)y llie ncci'ssaiT of receivinj; from the United States' .\gent in charge of the islands a full iJcport on the sul>ji;ct. Till' Aiicnt re])orts that he reached the islands on the 10th day of .lune last; that from the 1st .lanuary to the Isl May, ISid.no seals were killed on the islands; and that from tlie 1st May lo the lOlh .June, the date of the Agent's arrival, there were killed jiy (he natives for food l,(!fll seals. On the morninp; of the 1 1th .lune the Afccnt gave i)ermission to the lessees to commence killing; under the Contract with I he Oovern- nient of tlis United States, and he states that, from the I Ith to the l.'')th June, '_',9.iO seals were killed ; ami that, from the loth .lune to the 2n(l .Inly, (he date of the arrival of tlie steamer •' Corwin," l)iin<,'inf^ the Proclamation of the ('resident of the United States, containing; the notice and text of the modus viicitdi, (hero were killed 4,471 seals. I'rom the 2nd .fuly to the 10th August there were killed, for the use of the natives a-i food, l,7!)() seals ; and, on leaving the islands, the Agent gave instructions to limit the numher to he killed hy the natives for food up to the 1st May, 181)2, to 1,2;5:(. The instructions of the Secretary of the Treasury to the Agent, received hy the steamer " Corwin," were that, if in any way his previous instructions were inconsistent with the President's Proclamation and the Agreement emhraced in it, he should he governed hy the latter. 'I'he Agent reports that, after careful consideration of the text of the Agreement, he decided that the seals killed since tlie l.Tth .lune, the date when that instrument was signed, should he deducted from the 7, .000 named in Article 2, thus leaving 5,020 seals to he taken " for the suhsistencc and care of the natives" I'rom the 2n(l .Inly, ISDl, to the 1st May, 181)2. lie says that, in his desire to carry out with ahsolute correctness the Jitndiis rirei\8 pup seals, the further killing of the latter beiiig now prohibited. It was ])lain to the Agent that, under the construction which he had placed upon (he modus rlrcndi, the supply of meat for the natives during the coming winter would be entirely inadequate, and before his departure from the islands lie called upon 101 the IcsHcos to brinp in a KiilTicicnt supply of Halt beef to carry tlic natives tlirougli the winter and up to the Ist May, 1S92. Tiic As'cnt had no means of (Ictermininjj; tlio scope and meaninj? of the phrase of the niitisii (Commissioners as used in your note. " tiiis year's eatrli," or " the calcii of tiiis season," as used in their eomniunication to liini dated tlie 3()tli July, except l)y the interpr(?tation to l)e i;iven to tiic text of the inndii.i vircmli, as contained in jjaragraphs 1 and 2. The " same period,'' found in |)ara;;rapii 2, lie understood to refer to tlie period within uhiel) tlie iiiitisli (Jovernment iindertooit to proiiihit seai-kiliini; in lieliring's Sea. Tlie Ihitish Commissioners informed tlie Aj^ent that, as to the iiritish (iovernment, this jieriod did not liej^in until a rcason.ihle time after the 15th .lune (the date of >is;nin;^), snflieient for the naval vessels to reach the sea. The A;,'ent interpntted the para;;rai)lis cited as mutually hindin^;, and he could not assume that it wciuid i)e claimed tliat their provisions were to take effect on one date in tlie interest of the British sealers, and on another in the interest of the United States. 1 have thus taken [jains to communicate to you in some detail the action of the Au^ent of the United States on the sui)ject complained of Uy the Hritish Commissioiiers, and I hope what has been set forth will convince your tTovernment that there has been no disposition on the part of the Agent to evade or violate the stipulations of the .Agreement of the loth .lune last, 1 have, &c. (Signed) WILLIA.M V. WHARTON, Acliivj Secretary. No. 148. Sir J, Paunce/ol)' to the .V(/vy»/,v of Salishury. — {Received October 22.) My Lon', IVashlnr/ton, October 13, 1891. WITH reference to my telegram of yesterday, I have the honour to inclose copy of a semi-olhcial note which I have received from the Acting Secretary of State pressing for a rejily to his note of the 2;3rd July last, which contained the form of clause pro[ioscd by tlie United States' Government for the settlement of claims for dam.Tgcs to he inserted in the Rehring's Sea .\rhitration Agreement, together witl copy of the semi-otiicial note wiiich I have sent him in reply. I have, Kc. (Signed) .lULIAN PAUNCEFOTE I a Inclosurc 1 in No. 148. Mr. IVharlon to Sir J. I'auncef'ote. My dear Sir .Julian, Department of State, fVashinr/lon, October 12, ISOl. ON' the 2.Trd .Itdy last I wrote you a note jircsenting a proposal for the settlement of claims for damages, which was to form part of theprojiosod Agreement of Arbitration of certain matters affecting the seal fisheries in JJeliring's Sea. On the 22nd August I wrote requesting you to l)e kind enougli to inform me when an answer to my note might he expected. On the 2ltb .Viigust you wrote me acknow- ledging the rec^eipt of mine of the 22nd August, and expressing the hope that you would be in a ])osition to re])Iy to my note of the 2'3rd .luly in the course of the next few days. More than ten .veeks have elapsed since sending you my note of the 2;5rd July, and no answer to it has yet been received. The l*resident is very desirous to have a conclusion reached in the negotiations concerning the Hebring's Sea matters, and Inis re(|uestcd me to draw your attention again to the importance of an early reply to his latest proposal. Tlie period lix.ed by the Agreement for a iiiofliix rir'it/li expires on the 2nd ^[,ay next. The time within which it is hoped to obtain a final settlement of the questions in dispute between the two (iovernments is fast goiug by, and the President feels that if any effective action is to be had in the matter before the next fishing season opens, all the terms of the Agreement of Arbitration should be disposed of immediately. Very truly yours, (Signed) WILLIAM F. WHAHTON. 102 Inclosure 2 in No. 148. ' <• 1 , Sir J. Pauncefote to Mr. Wharton. My dear Mr. Wharton, Washington, October 13, 1891. ON receipt, of your letter of yesterday askinj; for a reply to your note of the 23rd .Tilly last, coiitainiiii^ a fi)rni of elause proposed by your (jovcrnmenl; to he inserted in the ]5cliriu<>''s Sea Arbitration A<;re(;ment, to sjttle tiie lonj^-dehaied ([uestion of damages, I telegraphed to Lord Sahsbury for further instructions, informing him of the substance of your eomniunieation. I understand flint his fiOrdship is expected in London this week from the south of Europe, and 1 shall proliably, therefore, receive an answer to my telegram before many days. Altliough, as you observe, more than ten weeks have elapsed since the date of your official note above referred to, I need hardly remind you that the intervening time has been taken up with informal discussions between us with a view to finding a solution of the diinculty without unduly lengthening the ollicial correspondence. This informal interchange of views, which, no doubt, had the approval of the President, has not been without advantage in tlirowing light on the troublesome (|uestion which still impedes the conclusion of the Agreement, and I now hope I may soon be in a position to resume the oUieial correspondence. I am, &c. (Signed) ,)ULL\>>' PAUNCEFOTE. No. 149. Sir J. Pauncefote to the Marquis of Salisbury. — (Received October 23.) (Telegraphic.) Washimjton, October 23, 1891. WITH reference to your Lordship's telegram of the 2()th instant, formal notes have been exchanced between Mr. Wharton and myself recording the adoption of tiic seven Articles of the Behring's Sea Arbitr.ation Agreement as formally settled by both Governments. Copies are sent by post. No. 1/30. The Marquis of Salisburij to Mr. Howard. Sir, For 'ijn Office, October 23, 1«91. WITH reference to your do.spatch of the 20th July last, 1 transmit herewith a copy of a despatch from the Ik'hring'.s Sea Commissioners recording their high appreciation of the manner in which they were received by the Uussinn authorities at the Commander Islands and I'etropaulowski.* 1 have to reipiestyou to convey to the Russian Government the thanks of Her Majesty's (jovernment for the courteous reception accorded to the British Commi.ssionera by the llussian ollicia's. I am, &e. (Signed) SALISBURY. No. .'51. Colonial Office to Foreign Officii. — {Received October 27.) Sir, '■■ Downing Street, October 20, 1891. WI Tit reference to previous correspondence, I am directed by the .Secretary of State for the Colonies to transmit to you, to he laid before the .Mar ;iiis of b'alisbiirv, a eopv of a despatch from the tiovcvnor-CcMeial of ('aiiada, iiiclosin;- i .\lemori il to Lord Salisburv from ihu JiriUsii Goluuibian dealers' .\ssociatioii. I am, lie. (Signed) ROBl'^RT G. W. lIERBEliT. • No. HO. lOS 1891. of the inserted stion of n of tlic of your ime lias liition of in formal been )0(ic.s the ;ume the ■OTE. Inclosure 1 in No. 151. Lord Stanley of Preston to Lord Knutsford. My Lord, ^ Government House, Ottaira, October 3, 1891. I 1IA\K the honour to transmit to your Lordsiiip herewith a copy of an approved Minute of the Privy Council of Canada, submittin , u Memorial addressed to Her Majesty's Princi|)nl Secretarv of State for Koreipn Artair- i.r the Sealers' Association of Victoria with reference to the loss occasioned to Canadian vessels by reason of the enforcement of the modus viveiidi, together with copy of the reply of the Minister of Marine and Fisheries to the representations of the Association. I have, &c. (Signed) STANLEY OF PRESTON. Inclosure 2 in No. 151. Report of a Committee of the llnnournhle the Privy Council, approved hi/ his Excellency the Governor-Gcncnil in Council on the '29lk Seplemher, 1891. ON a Report, dated the 19th September, 1891, from the Minister of ^larinc and rislicries, stating that he has received the ajipcnded letter from Mr. Richard Hall, Secretary of V^ictoria Sealers' Association, coverini; a Memorial signed by tiie owners, manaftiii'; owners, and agents of tiie Canadian scaling fleet, addressed to the Right Honourable Her Majesty's Princijial Secretary of State for Foreign Affairs. This Memorial represents the ]iosition of the Canadian sealing fleet as aftected by the modus vivcndi m Hehriiig's vSea during the present season. '1 he Minister also submits a copy of his answer to the Secretary of the Association thereto. The Committee, on the recommendation of the Minister of Marine and Fisheries, advise that your Hxccllency he moved to forward copies heveof, together witii the Memorial in question, to the U;'ht ilonourable the Principal Secretary of State for the Colonics, for the information dI Her Majesty's Government. All which 's rcrpectfuilv submitted for your Exccllencv's api)roval. (Signed) .)"OHN J. McGEF, Clerl; of the Privi/ Counril. Appendix (A). Oj^rf (if the Vietiirui Sfnlers A.i'Hii'iiition, Vict jrvi, B.C., Sir, S.,,/,;nhn- 1, l.S'.U. iTii lu'liiilf (if tlic Srulcrs' Associ.itiiiii nf Victoria I iln iiiysi'lf Uii' Ikiikiiu' In transniit licrrwilli a Mi'liiiiri;d aiMicsscd liy lliciii to llio llii|i('nal (iovi'riiiiit'nl. and iihist ri'spci;triilly to rcipicst tlial you wil! Ill' jiloascil to I'lirward il. in tin; jiropcr ooursi'. arooiiiiiaiiii'd liy such rcjuv'^cmalioiis on the part of via' UiiMiiuiiin (liivi'niincnt as you may deem jini|ii'r. L'. Allhini;,'Ii it may a[i|»'ar at first si;;lit tliat n lari,'i' snni wnnlil 1"' iiivolvcil in i.'ianlin',' onr jiravir — sonn; ul' tlio Vi'ssi-ls having been onlcri'il lionii' lirfnrc ihi'V cnti'ml Hchring's Soa, and conso- ipii'iiily without any calcli al all, and otlicrs very slioilly allrr cntrrini:, wlu'n tlii'ir catrli was snmll — simir arc now rctnrnint; witli I'lill average cadlics. wliosc claim will cons('i[ncntly lie 7iil. and it is to bo [in'sanicil that many nllicrs may follow, cpially I'ortunntc. so tliat in all )irolialiiliiy ll») atnuuiit rci|nirci| to meet our claims, allliouu'h to ns nt vciymatcri.il im]Hirtaiiii'. will to the llriti.-h (lovcrii- iiiciit lie eiim]iaralivcly insi^iiiticant, ;!. We eaiinol, of course, give a complete list nt our exact eluinis until al! our vess-cis havi' rcluiiieil, lint will then foiwaid tliein ]ii-oni|)lly, •t. rciniit me to iiMuiuil yon that in iss'i. when the ( 'anaili.in (loveriiiuciil ■ \cluileil tlio Tnitcd States' lishenneii from ]iarlicipatiiiii in Canada lislieries, six n:oiitlis' notice was '_:iven, whereas no such courtesy was extended to us. Ci. 1 am further dirceted to convcv to you tlu; e::prpssion of our givitefid a)ipicciatioii of the full and eiieigeli.' iiianiior in which you luivi; hitherto supported our interests, anil of our hope that you will feel justilieil in fully iiulorsing and urging; the iiriiyer of our present Meinnrial. ti. ]f yon will li(! so eoml as to alford us any advice or siigge-cioiis which may occur to you as to any fiiithcr steiis whi' h we can take in this matter, we will feel duly grateful. I Inve, &c. (Signed) KICHAIM) HAT.L, t^fcndirii !■< the \'ic(ry evidence iirnvcs the contrary), far nuire likely to have resulted from the ojieralions , October 17, 1801. IMMEDIATELY on the receipt of your note of the 2.3rd July last, relative to the form of compensation clause to he inserted in the Rchring's Sea Arhitrution Agreement, I transmitted a copy of it to the Maniuis of Salisbury. Since then I have lieon in corre- spondence with his Lordship respecting the new form of clause on that subject proposed in your note as Article 7. I regret to inform you that Her Majesty's Government, after the fullest consideration, have arrived at the conclusion that this new clause could not properly be assented to by them. Ill their opinion it implies an admission of a doctrine respecting tho lial)ility of Governments for the acts of tiioir nationals, or othfr persons sailing under thcii tlag, on Ihc high .seas, for which there is no warrant in the law of nations. Thus it contains the following words : — " The Government of the United States having presented on its own behalf, as well as of the lessees of the privilege of taking seals on the I'rihyioli' Islands, claims for compensation by reason of the killing of seals in Behring's Sea by persons acting under the protc(;tion of the British flag, tlie Arbitrators shall consider and decide upon such claims," &c. [572] f 106 These words involve the proposition that Her Majesty's Govcrnmont arc liable to make pood losses resiiltiiii;' from the wrongful action of persons Bailing outside their jurisdiction nnder the ilritisli tlfij;'. Iler Majesty's (Sovcriniunl could not ncco;d such ii doctrine. The Article dealing with the quest ion id' c(iui|iensHlion is therefore likely to give occasion for kns'thy nci;'otiutions, which nmst retard indefinitely the decision of the main questions of law on which the validity of the claims of either tiovcrnnient entirely depend. Both Governments l)cin,i>- equiilly desirous to find a prompt solution of the difhculty wliich now impedes the conclusiim of the Arhitration Agreement, Lord Salisbury has authorized mc to make the following i)roposal : — His Lordship suggests that the six Articles of (he Arbitration Agreement already accepted by both (Joverninents should be signed now, and also an Article providing for the reference to the Arltitrators of any (juestion of fact which either Government may desire to submit to tlicni regarding ihe claims for cornpcnsalioii to whicii it considers itself to be entithul. Tlie application of international law to those facts would be lett as a matter for further negotiation after tliey shall have been ascertained, and migiit bo subsequently reterrcd to tiie Arbitrators, in whole (,r in jiart, if the two Governments should agree to do so. 'J'lie aijovc i)roposal presents so logical atul practical an issue out of the dillloulty that I cannot but think that it will commend itselt to llic favourable consideration of the President, and I hope it will meet with his acceptunce. I have, &c. (Signed) JULIAN PAUNCEFOTE. No. 153. Colonial 0/ficc to Forei'jn Office. — (lieceivcd October 30.) Sir, Dotrnimj t^tccct. October 29, 1891. I AM dii( etcd by Lord Knutsford to transmit to ) uu, to be laid before the Marquis of Salisbury, witii rei'erence to previous corri'S|)ondeuce, a copy of a telegram from the Governor-General of Canada stating that the liehrinjj's Sea Cotnmissioners are awaiting instructions at Ottawa. I am, &c. (Signed) JOHN BRAMSTON. Inclosurc in No. lo3. f.nrd Stanley of I'rcaion In Lord Knutsford, (Telcgniphic.) Ottnira, October 21, 1891. H ADl'.N-POWI'M^L and Dawson returned an Office, October 30, 1891. I AIM directed by the Maimiis of Salisbury to aci.vi#ionally, with a view to their heiiiir subsctpiently cnilxidi^-d in foni);d documents, lie iiddcd that he was ready to piDcccd at once t(j diseu.ss witl; inc the .Articles of the .\rbitrat'on Convention wliieli still reuiained unsettled rc-pectiiiu; tiie iipiiointnieiit of Aibiinit irs and otiier matters, and lie asl>ed me whetiier I could <_'ive iiini any intormation a.s to your Lordship's views on this subject. On my e.\pressiuy: my inability to do so, he threw out the suggestion that it would be bcBt, in view of all the circumstances of the case, if the Court of Arbitrators were to be composed of Euirlisii and Americsm jurists of repute, two on each side, with an Umpire to be (chosen by some torei^iu Power to be ni,M-eed on between the two Govern- ments. He said he would have no objection to Iloiland, Sweden, France, or Switxx'rland. In his opinion, the appointnuni of Eii!i;lish and American jurists as Arbitratars was advisable on a'.'count ol the i-oiiununity, not only of lani^uaire, but of tlie principles of law, of Great. Hritrdu and the I'niicd Slates, lie asked me to inform your Lordship of this suirgestion, and to ascertain the views taken of it by Her Majcsty'.s Government. No. 157. TIte Beliritu/i- Sea Cormni.inioncr.s In the .Vflrr/i/i.i- *./ Salitibujii. — (Receircd November 2.) My Lord, Vintcouver, October 14, 189L IN continuation of our desi)ateh of tlu I7tli September last, w(; have the honour to report that, after leaving lieluini;s Sea, \vc visiuni Ivodiak Island, Sitka, and ShiUau, making inidcnts at those place,--. 2. Her Majesty's ship " ^ymijlie," on her wa_v to Ls(juimah. followini;' a uift'erent cuursu, met uiid assisted us at Sitka. S. Continuing our cruize of investisrfitiou. \vc called at the followiiit; places on the coast of British Columbia, viz. : Fort Simpson, Melkiltatla, Port Kssington, Musset (Queen Cliarlottc Islands), IVII.i Bella, Nawilhi, Cla\ xpiot Sound, and F>arclay Souod, where, bv personal inquiries, wc amplified tiic written '^tateuicnts which, in eumpl»BCC with our previous request, had been forwarded to us by the various Iiulian agents on the coast. 4. We have thus been enabled to ac(pure a Uirect industi v, both past ajjd present, as it adecl.^ the Iiidi;iii- of South-cn'^t Alas'- 1 am Colundiui. ;■). We also visited the fudian SetlUnneut at \< all ii.iy ■"•CTaits of Fuea, where we obtained valuable inl'oi-matiou. fl. Reaching Esi|uinuilt on the Hti; Ottober, we reporici t-ommnuder-in-chief on the Pnciiic Station. 7. While at Victoria and \ancouver deputations from the Sealers' Associations met us, and troni them and lioin otheiN we m;ide tiu'd iuipiirics in order tn obtain authoi U.itively the views of nil ])ersons coimeeti the point we telt it our duty to at once communicate our views by telegraph to your Lordship. We have, &c. (Signed) GEORGE P.ADEN-POWELL GEORGE M. DAWSON. No. 159. The Bebring's Sea Commissioners in the hlurquin of Salis' ury.-^(Received November 2.) My Lord, Ottawa. October 21, 189L WE hrvp the honour to transmit, for your Lordship's consideration, a co|)y of a Memorial which wa^ handrd t(; us on the 14th instant by the Scalers' Association of Vancouver, statmg tlioir special c'aiins for com[>ens'ition on account of the Proclamation isBuifd lor tins year against the taking of fur-seal in liehnag'H Sea. 109 \Vc informed the Association that tiic subject was one outside the precise scope of our Commission, hut that we would have pleasure in laying the Memorial before your Lorc'sliip. We have also, in compliance with the request of the Scalers' Association, transmitted a copy of the Memorial to tlie Governor-General of Canada. We have, &c. (Signed) GEORGE BADEN-POWELL. GEORGE M. DAWSON. Inclosurc in No. 159. The Vancouver Sealers' Association to the Behring's Sea Commissioners. Gentlemen, [No date.'\ WE, the undcrsitrned owners of the sealinf; fleet of the city of Vancouver, have the ho'inur to innl\c tlie f'oliowiiii; representations: — That wliili; all owners of sealinsi-vessels in the province must have sufl'ertd from the op'.'ration of the nwiliis rivpiidi. we, the owners of the sealing tleet hclonging to the city of Vi'iicouver, have pvobahly felt the hardship the most severely from the reason that the industry is c-ntircly a new one, the whole tleet of vessels having been built within the last few months, and cijuippcd by us for the sole purpose of proceeding to Behring's Sea in the past season. 'J'liat at the commencement and during the construction of these vessels we had no reason to suppose that any re.slrictioti would be placed upon their movements. That, having completed them, we in good faith went to the gical expense of fitting them out for the lislieries, and in fui bud no intention [? intimation] of the etieets of the mn(lii>: vir''n(Ii until after their arrival in Belirins's Sea. That the industry being a new oik- with us, and not having the profitable results of previous years as an offset, we, as before stated, are the greatest sufferers by the action of the Government in this respect. We would ;dso call your attention to the fact that the hunters employed in the above- named vessels were engaged for the voyage, and received no other recompense tlian an amount per skin saved, as agreed upon, and c Misequently they have made a claim upon the owners for compensation based upon eainiiii;^ of Ibrmer years. We have not thoiit;ht it necess.iry to burden yoi with further details of our ease, as you must be already lully cognizant of it, but shall be glad at any time to supply any information in our power. We have, &c. (Signed) D. OPPENIIEIMER, President. (.And others.) .No. 1(J(.). Sir ,/, Panncefote to the Marquis of Sahsburii. — (Ixvccivetl November 2.) My Lord. iYnxiiinylnu. Ortnliir 2i^. 1891. WITH reference to my telegram of the l!.'th instant, [ have the lionoiir to inclose copies of notes wliieh I have exchanged wiili the Acting Secretary of State, recording the adoption by both Govemments of the seven Articles of the IKdiring's Sea Arbitration .Vi^recnient as llnally settled. Mr. AVharton int'onned mo yesterday that the Prosidjnt is of opinion that no formal instrument should be signed until all the other provisions relating to the number and choice of Arbitrat(>r> and the time and jilaee of their sitting. &:e., have beeii settled, so (hat the whole may be emliodied in a Convention to be laiil before Congress. I suggesti " that, in the meanwhile, copies of the seven Articles and of the Joint Commission .».'icle, which have been agreed to, should be signed by him and me on behalf of our rcspecii'^'e (Jovernmeuts. He said that he would . ubmit that course to the President, 1 have, &c. (Signed) JULIAN PATTNCEFOTtl. no Inclosure I in }^o. IGO. Mr, Uluirlon to Sir J, PaunceJ'otc. Sir, l)i-pnrlmrnt of l^tn'r. IVashingtov, Orloher 22, 1891. I HAVE Ifiiil before the Prcsidoiit your iioto of lliu IVth iiislaiit, ami lio directs me to exjirohs Ills rr^-rct tliiit your Govfrnincnt lias not scon tit to acc('i>t the iiiodilied I'orni of the 7tli ehiiise wliicii was jirojiosed in my note of the L':'>rd July last. 'i'liis modilication of the chiiise in tjiiestion was made with a view to oliviato the ohjeellvin injj;cd in your note of tlic l-'Uh July, and ihe ['resident is unahle to see how it can he held to imply an admission on the part of Great iiritain "of a do(!trine res))i'Otinj>' the liability of (iovernments for the aets ol their nationals or otlier pi'rsons sailinjjf under (heir dag; on tiie higli seas for which there is no warrant in international law." The proposition was expressly framed, so as to submit to the Arbitrators the question of the liability of each Government for si)eei(ied acts comphiined of by the otlier, and its laniruiise no more implies an admission of liability on the jiart of one Government than on the part of tlie oliier. It i-; |U(cisely becau»;e the two Govornments cannot aj^ree as to the c|ue>t!t for insertion in llio lieliriiiLj's Sen Arbitration Agreement. In that, note. I informed you llait I bad iiecn authorized by the Marquis of Salisbury, with a view to a prompt settlement of the difliculty, to mal^o the loliowiiii; sii2-:;estion, namely, that "the six Articles of the Arliitration Agreement already accepted by both Governments should be signed now, and also an Article iirovidinc; tor tho reference to the Arbitrators ol' any question of fact which cither Government may desire to submit to t'.iem refrardinj;- the claims for comjicnsatioii to which it considers itself to bo entitled. The application of international law to those facts wo id d be left as a matter for future ncy:otiation after they shiill have been ascertained, ;ind mi;;'lit be subscipiently rcd'errod to the Arbitrators in wlade or in part if the two (Jovernmonts should asree to do so."' In your note; under ackiutwh'dirment, in which you reply to tiic aliovo sugifcstion, you advert to the discussions and informal conferences, which iiave taken ])lace on the subject of the cl.'uise deaiin.^;' with the (|n('slion of domaKCs, and you state that the I'residcnt is unable to .see how the seventh c!iiUs(>, ])roposcd in your note of the 2:'rd July last, can be lield to imply an adndssion on the part of Great lirilain "of a doctrine icspeetinc; the liability of Governments for the acts of their nationals, or other persons sailing' under their i\n^ on the bi^li seas, for which Ibero is no warrant in international law," '1 hose are, no doubt, the terms in which I stateil i;cncriilly the (dijection of Her Majesty's Government to the form of clause in (|iiestioii. l!iil I am relieved from explainiiin; their objection in irreater detail by tlie pro])osal of the I'resi;h,'iit, with which your note concludes, to substitute a new (dause. which substantially carries out Lord Salisbury's suggestion, You state tlmt tiic President has thought it best to terniiiiato the discussion by pro- po.^injf to me tlie tbllowiui^ to constitute the text ol' (dause 7 : — "The respective (Governments, having' found themselves unable lo airrce upon a reference which shall include the question of the liability of each for the injuries alleged to have been sustained by the other, or by its citizens, in C(mnectimi with the claims jiresented ami nriied by it. and being solicitous that this subordinate (juesdon should not interrupt (U' longer deliiy tlie siilimission and determination of the main questions, do agree that either may submit to the Arbit.alors any que--tiou of fad involved in said chiims, and ask for a fintling thereon, the (piestion oi' tho liability oi' either Government upon the facts found to be the subject of further negotiation," [ am glad to be able to announce to you that I have received by telegraph the authority of Lord Salisbury to accejit the above clau.se on Ixdialf of Her .Majesty's (ioTcrnment, and, in il«i'ig so, I beg to exjirc-s my gratification at this satisfactory solution of the ditiiculty wliicli has delayeil the conclusion of the Arbitration .\greement. I have, &c. (Signed) dULlAxNI PAU2^CEF0TE. 112 No. 161. Foreign Office to Colonial Office, Sir, Foreign Office, November 2, 1891. I AM directed by the Marquis of Salisbury to transmit, to bo laid iicfore Secretary Lord Kmitsiord. a jjaraplirasi' of n telegram from iler Majesty's Minister at VVasiiin^ton,* rcportiii',' an interview with Mr. Blaine respectini,' tiie I5eluin;;'s Sea arljitralion. llis Lordship will b(! jjlad to be favoured with Lord Kiuitsford's opinion on Mr. Mlaine's suscestion that Mritish and United States' jurists of repute, two on cucii side, should bo appointed as Arbitrators, and that an Umpire siiould be selected by one of the foreign Powers named. Lord Salisbury is of opinion that the proposal to appoint jurists as Arbitrators might be accepted by Her Majesty's Government, and he is disj)oscd to think that the choice of the foreign Power with whom tlie selection of the Umpire is to rest should be decided by lot. I am, &c. (Signed) 1'. CURRIE. No. 102. The Marquis of Salisbunj lo Sir J. Paunctfote. Sir, Foreign Office, November 6, 1891. I HAVE received your despatch of the D.^rd ultimo, inclosing copies of the notes which you have exchanged with the Acting Secretary of State, recording the ado])tion i)y the Britisliand American (Jovernments of tiie seven Articles of the Behring's Sea Arbitration Agreement as finally settled. In reply, I have to slate that Her Majesty's Government approve the terms of your note, as well as the suggestion made by you to Mr. Wharton respecting the signature of the Articles as reported in the last paragraph of your despatch, I am, &c. (Signed) SALISBURY No. 163. The Marquis of Salisbury to the Behring's Sea Commissioners. Gentlemen, Foreign Office, November G, 1891. I HAVE received your despatch of the 21st ultimo, forwarding a co[)y of a Memorial from the Sealers' Association of Vancouver, in which the latter state their special claims for com[)ensation on account of the Procla'.nation issued against the taking of fur- seal in Behnng's Sea. The answer which you returned to the Association, as reported in the same despatch, is approved by Her Majesty's Government. I am, &c. (Signed) SALISBURY. , No. 164. •I TAe Marquis of Salisbury to the Behring's Sea Commissioners. Gentlemen, Foreign Office, November 6, 1891. I HAVE received your despatch of the Nth ultimo reporting your movements, in the prosecution of the in(]uiry with which you have been charged, between the 18th Scptcndjer and the 14th October. I have to state that your proceeding? are approved by Her Majesty's Government. 1 am, &C. (Signed) SALISBURY. • No. 156. 113 Xo. Kio. Admirnlti/ to Foreign Office. — {Received November 12.) Sir, Adiiiiriillii, Nnvnuhrr 10, ]h!)]. I AM coniiuantlod hy the Lords Cotiiinis'^ioiiLTs ol' the Adiniralty to transmit, for the inforiiiation of the Secretary of State for l''i>rei;;ii Aflairs, copy of tiie remarks of the Commander-in-ciiief on tlic Pacific Station, dated the 1st Ocioher, in foiwaidiiif,' the Report of Her Majesty's ships in tlie iJehriii.n's Sea in Ib'Jl, received from Commander Turner, of Her Majesty's slup "Nyinidie " My Lords propose, with tiie concurrence of liord Salisliury, to approve of the proccedinjis of Commander Turner, (d"ller Majesty's ship " Nympiie," Comiiianih?r Harr, of Her Majesty's ship " I'orpoise," and Lieutenant lladU'v, of Her Majesty's sliip "Pheasant." I an), ^c. (Signed) EVAN MACGUEGOR. Inulosurc 1 in No. 1G.j. ReaT'Admind Ilolham to Admiraltij. (General Report of Proceedings of Her Majesty's ship.s in the Beliring's Sea, 1891.) " n'lirKpilc," at hlsiiuimull^ October 17, 1891. FORWARDED, ohscrvinn; 1 am j^lad to lie ahle to hring to their Lordships' notice the good feeling tiiat existed hetween Her Alajesty's ships and those of the United States; also that the Coniniissioners of Seal Kisliery (|Uestion (Sir (.}. Hade'i-Powell, K.C.ALG., M.P., and I'rofessor Dawson, of Canada) have represented to nie by letter their appreciation of the aid they received from Commander Bui-r, of Her Majesty's ship " Porpoise," and Lieutenant-Commander Iladiey, Her .Majesty's ship " Pheasant," in carrying out their work, under the superintendence of Commander Turner, Senior British Naval OtUcer. (Signed) CHAS. F. HOTHAM. Inelosure 2 in No. 10.5. Commander Turner to Rfar-Admirnl Ilothum. Sir, " Xiiiiijib,;" (It Esiiiilnialt, Octnhcr "n, 1891. I HAVE the honour to report that on arriving at Es([uimalt from a cruize on the IGth ,lunc, 1 found awaiting me telegraphic orders from the Admiralty to proceed with Her Majesty's ship " Phea.sant " to the Beliring's Sea as soon as possible, and there co-operate with the United States' men-of-war in warning sealing-vosscls to leave the Beliring's Sea, and in seizing those who might fail to heed the warning. I received later telegrams, ordering me to charter steam-colHer "Costa Rica" to take to the Beliring's Sea L', <>()() tons of coal for the use of Her Majesty's ships, and also to charter steam-ship " Danube " for the use of Sir George Baden-Powell, K.C.M.G., and Dr. Dawson, Her Majesty's Commissioners. On tlie 27th .June L proceeded to Uiuliuk Jfarhour, Ounalaska, after leaving orders for Her Majesty's ship " Piieasant '" and steani-ship " Costa Rica " to leave for the same port as soon as they were ready for sea, and on my arrival 1 found in harbour the British schooner •' IC. B. Marvin," which had been seized hy the revenuc-st .nimer "Rush" for sealing in the Beliring's Sea after being warned. The United States' force in the Beliring's Sea was United States' ships "Mohican," "Alert," '•Thetis," and the revenue-steamers "Corwin" and "Rush." United States' ship " Marion " did not arrive until the 17th August ; steam-ship '• Alki " was also chartered to bring up a detachment of marines, and they used her as a receiving-ship for the crews oi captured sealers and as an escort for taking schooners, which had been seized, to Sitka. I took from the "E. B. Marvin" all their guns, an unition, and seal-skins, and sent her down to Victoria with orders to report herself on arrival to the Collector of Customs. [572] Q ^^ IMAGE EVALUATION TEST TARGET (MT-3) /. ^4 7. 1.0 I.I bil^S |25 iU 12.2 1: 1^ 6" 1.8 11-25 il.4 il.6 7 Photographic Sciences Corporation M ^ ^^ V N> A ^^^ <> 1 1 '(p.. o faval Oflier. On tiie ISth .Inly I anchored olf St. Paul's village, and Ignited States' ships "Mohican" and " Thetis " arrived the same 'lay. United States' ship '■ Alert '' jiinl Her Nfiijesty's ship "Pheasant" arriving on the Utth Cnited States' ship " Moliic.iii " reported .'i vessels warned hy herseli", 2 hy United States' ship '•Tliolis," (> hy United States' revenue-stcanier "Corwin," and [\ hy United States' revenue-steamer " Ifusli," while I "iirned 1 vessel a\ul ller Majesty's ship '■ Pheasant " 5. The Captains of all the inen-of-war in jiort culled on the (!o\ernmcnt and Sen! Company's agents at St. Paul's, and visited the rookeries in comi>any with them. It was especially pointed out that the seals were decreasing, as on the largest rookery a great tract of land, which a few years ago had been covered with seals, and the boulders and rocks on which had heen worn smooth hy them, was now totally deserted, and no increase of seals had heen observed on other rookeries to compensate for this deficiency. On arriving at Onnalaska on the 2oth July I found there stcam-shi]) " Danube,'' with ller Majesty's Commissioners on board, and Ilcr Majesty's slii]) " i'lieasant.'' Steam-ship "Danube" sailed for the J'ribyloff Islands on llie 2(lth .Inly, a-id on the 2'Jth .hdy 1 sent Her Majesty's ship " Pheasant " to meet her there, so that she might place projicr boats, itc, at the disposal of Sir CJeorge IJiiden-Powell. United States' shii) "Albatross" with the United States' Commissioners, Professor Mendenhall and Professor Dall, arrived at Onnalaska on the Sotli July, and a iaw ir J. Pauncefote to the Marijuls of Snlislniri. — (Rcceivcil November 16.^ (Telegraphic.) IVnsliimjIim, Nnrrmher 10, 1H!)1. MH. BLAINK itifornied me to-day flmt he was ready to .'igree to the rollowing arrangements : — ■ 'I'he Arbitrators, who must all be jurists of repute, and undoi'stflnd Knglisii, arc to bo seven in number. Two Pritish subjc^ets (one may be a Canadian) shall be appoi.ited by Her Majesty's (jovernnient. Two Americjins shall be appointed by the United States' (iovernnu'nt. The other three shall be !ip|K)inted by foreign (iovernmeiits. lie has no objection to selection by J''rance, Holland, Sweden, Switzerland, ife.vico. or Brazil. He thought Paris would not bo objected to as place u[ sitting, but he could not pled'.;!' himsell', as he bad omitted to consult the I'rcsident. Copies of the Articles of the .Arbitration Agreement nuy tlie Marfpiis of Salisliiny to ueknowledife the receipt of your letter of the lOlh instant, ineiosin;; a general IJeport of the proeecdinfjs of'ller Majesty's ships in the |{chrinv;'s Sea, whieh lias heen sent home hy the Commander-in- chief on the Pacific .Station. I am to slate tiint Lord Salisbury concurs in the pro])osnl of tiie Loids Oonimissionerfl of the -Admiralty t(/ ,ii)provc the proceedings of Commanders 'I'urner and Harr and Lieutenant lladley, of Her .Majesty's ships •• Nymphe," '• I'oipoise," and " Pheasant." 1 nm, kc. (Siffncd) T. II. SANJJKRSON. No. KiS. Sir ./. Piiinirrfnlr In (he Miir(jui.\ nf Siilishurij. — {lirreiird Sovember 21.) (Teletrraiihic.) Wnshintjton, November 21, 1891. W I I'll ref(>renee to the last, paraijrni)li c)f my ttdcitram of the KJtii instant, Monday next lias l)een .-ippointed liy .Mr. Ulaine for siirnatiirc. 'I'lie followint; headings Imve been agreed upon : — "Tile followinjj; is the text of Articles for insertion in the Bclirint;'s Sea Arliitratioii Af^reement, as settled in the diplomatic correspondence bcU''ccn (the two (jovernments respectively)." J'or lh(! Joint Commission Article the same bending, mutatis mutandis. Arc tbey approved by your JiOnlship ? No. 109. The Marquis of Satisbwy to Sir J. Pnuncefole. (Tolo!»rapliic.) Foreiijn Offire, November 22, 1891. YOr arc authorized tosii^n tbo Arbitration Ai,'reein(Mit and the Joint Commission .■Vrtide with the headinjrs suu'ircsfcd in your telci^raui of ycstenlay ; but yuu should band in a note contaiiiini; the foUowini; ri'servations at the time of doing so : — firstly, that it is understood by Article cision of the Arbitrators, as well .MS the iiaturi- of tboso Kcgulations, if the necessity, in their judgment, is proved to exist. Seciindly, that the ol)Scrvance of ihe Regulations will not Iicconie obligatory on tli(! United Slates and Orcat Britain until the other Maritime Powers also shall have acce|ited thcni. (ircat Urilaiu and the rnilef a narrative by a corrospdndeiit (d' the "New York Herald" (published in that journal cm the bth instant) of liis voyiigc! to Hebring's Sea during the last seal lishery st-ason, uudertakcu for the purpose of'iiKiniriug into the fads connected with Ibat industry. A part of Ihe narrative whieb is of specrial interest is that which appears at the close under the Leading, " How to save the Seal." IIH Int-insuro in No. 170. I-Ulnirls from the " A'rw York Herald" of S'oremhiT H, IS'.ll. It.i.icir Skamno. — Its Hi.sk and Incukask in tub Last 'I'ks Ykaiim in HKiiitiNd's Ska. — 'riicrc arc two systi'iiiH i ' sea' liiiiitiii:; : oiif with Iiuli.'iti Ininlt'rs, will) \ii'\ |>iiiil I'i'Din '1 iliilliirs til i (Idllai's fitr rvcry skin a c'liiiin liriiit;s in, and tin- otiicr witli \\ liitc liniiltT.s, who arc paiii a little less. The Indians hunt in canoes, two in <'.'ich, and use the spear almost evelnsively ; the While hunter has ii stecrer and a boat, iiuller, and uses the t;un, lo.adcd with live drains id" tfunpowih-r and ahout twenty lilickshof. It is the latter inellmil that is so conipl.'iined of liy those \N)\()wi>h suhjcL'ts had .already lieen .announced, no dillieulty w.as niaih' hy the authorities in u'ivint; the captain of thc"(ltto" his clearance lor the I5ehrini;'s ,Se;i. Neither wus he oHicially iiil'ornied of the i'melamn- tion, not wilhstandiuL; the tact that Her Majesty's steamships " I'heas.ant '' and "Nyrnphe" had alrciiiy saili-d I'roni l']s(|uimait to the sea tc) carry out the ordeiN of the (Queen's (Jovernment. Hel'orc i,'i>in^ into the history of the cruise of the "Otto," a short account of the rise and developnient of the seaU|ioaehin<^ industry will he n("crssary. .\lthouL;h the poachers, to L,'ive them tin; name accorded to them hy the public ijcncrally, an- styled Canadian, a larp; niimher hail from !San Francisco, Seattle, I'ortland, and I'orl 'I'ownsend, in tin' I'nitcd States; and many of those saiiint? from A'ictoria and ^'.•ulcouver, Hritish Colomhia, under the Uritish lia(», are partly owned hy Amcrii-au citi/.cns. 'I'he lirst stdiootu'r on rrcord to enter the H(>lirini''s .Se;i in pursuit of seals \>as the .\nieric;in-owned " .Santiatjo," of San J'rancisco, in |si7!'. It was not until tin' fall of iSS.'i that the " I'avouritc," with the ]iri'sent captain of the "()lto" on ho.ard, pioneered the way for the ('.anadian seah-rs. In l^'S |. there were only si\ scJiooners from San I'r.ancisi'o ami \'ietoria comhined that entered the sea. Year hy year tin- seals have Iieen driven further north, and ca(di successive year has seen an increase in the luimhcr of ]>i)a(dicrs. Last year (ISJK)) twenty-three schooners sailed from Victoria, and this year the number reported had increased out of all proportion. Lvery i)ort on the Pacific coast, from San I'rancisci) to N'ieloria, appeared to have sent o\it its (|uota, and on the day (lie "Otto" left the latter jilnee it was stated that fifty-three scdiooners were .already on their way to the famous sealini; i;rounils I'rora that port. Tin,' " X'ictorian ("ohrnist '' i,'!ive the names .and ownei-s of that namher. althoui,'h I at'terwar(N iouii'd out there were o\er eiirlity-nine sealers in the S4'a this year. It is h;.rd le explain this larufc increase, in the face of both thi- Am<-rican and Uritish (iovernmcnis proelaimin'.; a cloM- season. One reason driven was th.al neither the Americans nor Hritish ernizers intended to interfere, .and that the I'nKdamation ami sendini; of nu'n-of-war to the sea were oiily done to satisfy the American public. Another rea.son is a most nnacconntable one. Somehow the rumour i»ained currency tliat a bounty or compensation will be ])aid to the owner of every schooner 'hat is s1oj)ped from sealing;. • ' • • • • • The" Indi.ans, \\ illi their spears, did not lose more than 1 per ciMit. of what they hit, as the f.aet of losinir their i,'.ame meant losinir their harpoon and lino as well. On the other hand, the hwlians complained that the NX'hitc hunters with their £;nns had serred the seals from the coast of the islands, and that they lose al the very least '2<> |>er cent, of what they shoot and kill or wound, to (;ventnally die. "A few years ai;o," said the J''.ather, " tin- (."huckidset Indians cau(;lit over l.tJOO seals olT tin; coast of the isluiiil in their canoes, but they cannot do that now. Thi' i^uiis of the White Imn'cis have scared them .all away. " The seal," said l-'iilher Urabnnt, " is a most intclli;,'ent animal; they e'ven wake the sli'e|)ers when they see dani,'er .appro;ichin<;, .and there is iio doubt they have left our coast owin.c to the !,'uns. Why, the Indi.ans themselves used to have a law against the u-^c of (;uns. Another thin;; that I cannot see the cipiity of," sai|)ort of their Indians. If the .\le\its are to he supported, why should the Vaneo\iver Indians he debarred from th<'ir chief source of livcdihood. Tlie Aleuts, as a fact, do not require the Company to look after them. If they wore left no filonn on their own islnndu, instead of Ijcing moved about bh they arc, tlioy (•ould liunt lor llicnisclvcs." Fatlic-i- Hraliant said he li.Hilly knew liow tho futun; fxtorniinatioii of flic HcaU \v!)s to III' prcvciitrtl, imli'ss the two < lovcrniiii-iils were to t;il<(' soaliii^ tiiidiT tliinr mipcrvisioM ; fliat is, luovidi'd the Hcliriiii;'s Sim was not ;\ closed urn. 'I'licy dmld liii»c scalers, rcstrici tliciii as to tlic numlicr of mvils caiiiflil, and nnkc m close «eaHon during' the lireediiij,' time, us there was no chjiiht. tiiat lari;e ntwnliers of lemaleR Ij^nrincr youni? won* killed, * • • • • • • "Wodnesday, the JCith Au}?ust, \va«! a (jrKid spr'in;^ day, and I was for some Iiouin out in the Indian canoe, '('he residt of' the day's work irives a fair examplo of the friifhlfnl pereentai^e of seals that .are killed and never reeovercd. The two hoats and the cimoe started out c;irly in the for<'noon and returned ;it six. 'I'he e;»|itain hail one seal and had lost six others, either killed or wonnihvl. i'hiilip, who was doini; the slioolini; in tiic othei' hunt, said that they had irof upon to no less than seven seals and shot them, hut 1 hey had all sunk. The men said the w.itcr was covered uith Idood, hnt they ecald not -.'ct the nnimals. The two Indians, who used nothinir hnt the spear, I'ctnrncil with ten. 'J'hey had missed n''lecn or twenty, hnt, as one of them philnsophii'ally rcmarki'd to the captain, " It d'X's not ni.atter, they are not hurt like with the irun, or killed, .and they will do for !inothcr day or year." AVe manau'cd to take siLfhts this d.'iy, ;ind fomid we were "■') mile>i west hy north of the volcanoes on the peninsula. ( >m I hi' l27th and 2Sth Anijnst very little w;is done, as the Weather Mils too ron^'h for the hoats to iroout. Three sciils were I'aptnrcd iti (he forenoon of the liTth helorc it came on lo lilow, wlii^n we were oiiec atf.ain under storm trysail an reefed foresail. I )n the followini; day. thi- L'^^th, the hoats weri' out all day .and returned wiihout cato'iin!,' anythin;;, the captain thinkiu!,' we were loo f.ar to the northwanl and eastward. He said he wanted the wind to ifc* to the west. On the next day the hoats were out the (rreater part of the day, and oin' eatcli for the day was sevente(snit hciuir that the pu])s on the island would starve tor waul of nnrsiui,', as no seal will feed any young ones eseejit her own. How TO RAVK TIIK SKVt. : A I'L.VN TO I'UKVENf ITS HXTRKMINATtON IN Till- \i:Ul I'l'TfllK. .\t presentthe (|Mestion of whetlicr Hehritc's Se.a is open w.ilers or not is In dIiiIii ijun. In the event, however, of its heinu: declared a |iarl of the iiii,'h si'is hy the arliitratiun yel to he liidd. it would he .ahsolutcls ccccss.-n'y to propose a |i|,in to pi-evciit tin- future exli-rniinatiou of the sea.l, which Uiere is little doidit would happen within ;i few years. nnlc>s some very strenuons measures .ai-e t.aken for its protecliou. The close season ide.a wcmld hardly he praclic.ahle, as it is duriuL; the seas in of hri'c2 i: per skin for I'verythint; tlii-y take from the island. Whi-n there was no limit to the nundier of seals that they were allowed to kill, hcfoi'i' the |)resent iikkIus rinnili was atrreed upon hetwi'cn the rnited States .and tire.it lhil;iin, their i)aymenls hroiiLcht into thc> American (Jovcrnment a ri'venuc ol ahout ;}()0,()0') dollars per yetiv. This is ;i very small item in the revenue of such a i;rea( 120 nation, nnd it 1ms been 8Uf,'i»08to(l that the Governmont of the United States shall refrain from leasiiii,' tlie FrihylDlT Islands to any Company whatever ; that no seals shall he killed on the rookeries, whieh shall be retained to allow the fur-bearin;; seal a safe brcediiit; ])laee. On eoiisidoration of tlie United ^States refrainint; from leasini? the islands, the rifjht of (loiii^ whieh they would, of eourse, still lei,'.illy nMain, an international aijreis ment eonld be entered into between the dilTerent nations, iiiakim; it a eriniinal oti'ence for any ijoaeher to be found sailing' within a |)rescril)ed distance of the island — say, from (!0 to S() miles around tiiem — whieh would fjfive female seals lr)ts ..'y in the event of the Arbitrators, by their decision, proelaiminj; to the world that ,ielagie fishery was free to all Hags that the (juestion would arise. In that ea.se vw could not stultify ourselves by submitting to Regulations not obligatory on all. Mr. IJlaine then asked me what Iler ^Lajesty's ^iovernmcnt would consent to do after the 1st May, pending the adhesion of the other Cowers. Would a cessation of scaling be agreed to by them? I infornn-d him, in reply, that I could not say what their action would be, but that ])robably the Itegulatio.is recommended by the Joint Commission or the Arbitrators, jiending the result of the invitation to the Powers, would be voluntarily conformed to. Mr. Ulaiuc then took my note with him to the Cabinet, and promised to send nic a reply. No. 172. Sir ./. Pauncefote to the Marquis of Salisbiinj. — {Received November 28.) ^ (Telegraphic.) WaMiujton, November 27, 1891. AVITU reference to my telegram of tin; 21th instant, Mr. Blaine's reply has just been received. Copy transmitted by post. It is to the following elTcet : — [Sec Inclosurc in Sir J. Pauncefotes despatch of the 27th November : Inclosuro in No. 17'J, infra.\ 191 No. 173. Thr Mnrquin of Salinhury to Sir .1. Pnuncrfott. (Tolcjjrnpliic.) Fo"iijn Offirr Novrmbrr 20, 1H91. I MAVIO rc"civ(vl your (<^l<'t;mm of the 27tli instant. ' Mr. lUniiK^'s stnt(>ni(;nt, in liis note oi" wliii^li you nport flic riM-cipt, that my first rcsorvation is uunoccs.sary answers tiu* cnil which that rcsorvatioii was intr'tKlcd to answer, and it may, tiiereforc, he waived. I did not hy my second reservation intend to propose that the pinictieal execution of liie lle<;ulationH should hi! (h^'ayed, hut that the two (lovernnients Khouid protect thenisidves IVom heini; placed iit tlie mercy (.f some third I'ower, wiiicli, if not j)ie(l<;ed to ol)serve tlie Iteitidations, mit;lit step in and secure tlio tisiicry at tlie times and places wiiere the United States and Hn>r|and would hind thi-niselvos hy their Aijrecnient to abstain from it \\ is necessary that some precaution should he taken in this direction, otherwise the vessels, hoth British and American, at |)rescnt eniratced in .siialinj;, iniifht all, hy simply procuring a ilussian re>;istcr. recover their entire freedom. I should, therefore, wish you to ascertain whether the United States' (iov<'rnment would he pre[)ared to aijree to some provision of the followin;^ nature : — ff, afier tin; expiration of one year from the date of any decision of tho Arbitrators as to the mM'essity of concurrent Reijulations, it should appear to either of t'lie two Powers that su(di Hernial ions are bein<; violated under tin; flai; of a third I'ower, to tho serious injury of the lishery, the eomplainiii'; I'owcr shall have the risjht to Rive notice that the Reijulations will he suspended durincf tho ensuing; year, until arrangements arc made by wdiich the evil <'an be remedied. If, however, there should 1)0 any dirTerencn of opinion between tho United .Slates and (Jreat Hritain as to the fact that serious injury is boin;; done to the fishery, or as to any other fa(rt invitlved, such difference may he decidiil by referrin*; the matter to the arbitration of two Admirals, one of the Britisii and the other of the United States' navy, who may choose an Umpire in case they are unable to aijrce. No. 174. Sir J, Pauncefote to the Marquis of Salisbury. — (Rfcetvetl December 3.) My Lord, JTashington, November 2;i, 1891. WITH reference to your Lordship's tclcf^ram of y(>sterday, I have the honour to inclose herewith copy of a note which I have this day addressed to Mr. Blaine, stating the two reservations which your Ivordship desires to make in regard to clause (> of the Bohrlng's Sea Arbitration Agreement. I have, &c. (Signed) JULIAN PAUNCEFOTK. Inclosurc in No. 174. Sir J. Pauncefote to Mr. Ulaine. Sir, IVasltimjton. November 23, ISOl. I INFOllMKD the Marcjuis of Salisbury of our proposal to sign the text of the seven Articles to be inserted in the Behring's Sea Arbitration Agreement and of the .Toint Commission Article, as settled in the diplomatic correspondence, in order to record the progress made up to tho present time in tho negotiation. Lord Salisbury entirely apjirovcs of that proposal, but he has instructed me, before signing, to address* a note to you for the purpose of obviating any doubts which might hereafter arise .is to the meaning and cl'i'ect of Article VI, which is as follows : — •' If the determination of tho foregoing (piestions as to tho exclusive jurisdiction of the United States shall h>ave tho subject in such position that the concurrence of Groat Britain is necessary to ♦ho establishment of Regulations for the proper j)rotectii;iil!iti()iis." Lord Salisl)urv (h-sires to make the followinif two rcRorvatiotiH on tlie almve Artieh" : - ' His l/onlship iindcrslands, ilrxt, thnt the neeossity of any Itegiiliitions in loft to tlie Arliitmtors, as well as the nature of those lletftilations, if the necesity U in tiicir ju(l<;nient proved; seeonilly, thai the Uei^ulations will not heeome ohlii^atory on (Jrcat Britain and the Ignited States until they have hcen ace<'pted by the otiier .Maritime Powers, otherwise, as his j/irdship observes, the two (lovernments would he siiuplv handiii!; over to others tli<> rii^ht of exterrninalini; the seals. I have no douht that you will 'lave no ditlh-ulty in eoneurrini; in the above reservations, and, subject thereto, I shall Imi prepan-d to siijn the Articles as pniposed. I have, &<•. (Sifrned) JULIAN rAUNCHFOTi:. No. 17S. Sir J, Pauncefote to the Marquis of Sali»bur}/. — {Received December 4.) (Tclesraphie.') yVaghinglon, December n, lHi)l. I IlECEIVED last nipht a reply to my note of the 1st instant to ^[r. Ulaiiie. containinij the stjbstanco of your liordship's teleijram of the 21)th ultimo, copy of which was forwnnled in my despatch of the same date. It is to the followini; cffct;t:— The President of the United States is unabh; to sec danf;(;r of a tliinl Power cngagini? in fishery regaitlless of Ilegulation.s. The dispute; has been in progress more than five years. During all that time no European nation has engaged in sealing while Great Britain was maintaining that, Hidiring's Sea was op« account of yreat distance, ilus.sia will not dissent, because such dis.sent would put to hazard her own sealii\g property in JJelirini^'s Sea. On the contrary, she will sustain and strengthen whatever Agreement (ireat Jh-itaiii and United Stiites may conjointly ordain. President therefore thinks your Ii(M'dships apprchensione not well irrounded, but he believes that whatever may be tliOth ultimo, inclosing a copy of a despatch from ll(;r .Majesty's .Ministei' at AVashin>;ton, transmitting correspondence with the United States' (iovernmcnt regarding the; number of seals killed on the PribylotT Islands during the season of W.)l in excess of 7,500, and inviting from us any further observations we may desire to olTer em the subject. 2. AVe notice that in the said despatch, Sir .Tulian Pauncefote has given a complete HDBwer to many of the points in Air. Wharton's letter of the 10th October. We 128 would venture, howoTcr, to add some nbsonrations, tho outcome of our nj)Pcinl inquiry, in cnsn tlir ({uestion is ]iuniucd further. '.]. AVn would jmint o\it tlint tlic frequont rofunii'ces in Mr. Wlinrton's lottor to '• killini,' for food" nri' nltoifctlior l)Osi(ic the (luostion. Ail skins of sncli scnls, if of Iii'o|M!r size »nt('(l liy the icsscrs, ni.d nn\ iiIwiivh iiifliidcd in tlicir nniiiial (|unto, wliilo ninoh of tlic llosli is lakrii for the suslcnnni'i' of (lie imfivi's. Mut tlir 7,r)i;hl have been added that Ibis bei^f would be purcliOHCMl by tho (Joverninent, anil by thein distributed to the natives. ■t. We obscrvo that Mr. Wharton points out that ibe Treasury Ai;nnt had reported that up to the 2iid .July, itjOfi seals had been killed. He do«>s not expl.'iin that iiy the 20th •lune, killing Imcl bccu 8to|>pt'd on the cxpn^ssed pica that the 7,riU(l limit had be(!n rea<'hed. 5. Mr. Wharton point.s out thai !Major Williams consulted several American !;onllemen, ineludini; the two ITnited Slates' Commissinner) and the Senior Naval Oflieer, as to the correctness of his decision as to when the 7,">(>0 limit was to Iw applied. Wo were informed that none? of these f^ciillcMnen had seen the jirovious correspondence on the subject, so that their advice was merely on the facts as presented to them oti the snot. 0. We conld do no more than explain to tho Agent that tho Proclamation, correct as it mi^ht be in it-self, did not contain the whole case. Neither Major Williams nor any of the Amerit-an gentlenn-n he consulted had any information or instructions euiiblieu; th('m to inulerstand the conditions to which thi^ I'liited States had previously iiijreed, and which were eventually embiKlied in the moflii.i vivrnili of the .Ith .lune. 7. J5oth I'rofesso;' .Mendenhall and Dr. ilerriam at the first expressed to us their decided ai^reement with us in {\w opinion that the "iJiW limit must not lu^ exceeded. It was only at a second rhanee interview that they explained that after lookintj into the (juestion, they saw that the ])eriod coidd only beirin on the loth Jiuie. H. Yroin this view we entirely diK.s(!ntcd, as recorded in our letter to Major Willi:uns of the UOth .luly, a copy of which was inclosed in our despatch of the .'ith Au{»ust last. i). in re<;nrd to the |>hmse "the catch this season" in our letter to Major Williams above nn-ntioned, this was intended to include the same ])erioil as that covered in .Mr. Blaine's letter of the 1th May, IH'.il, to Sir .Tiilian I'auncefote, in which Mr. Ulaine says: " If the Company shall .... be deprived of all privileiri* of taking seals, they certainly co\ild not be compelled to minister to the wants of these 300 inhabitants for an entire year In this exiijency the I'resident ])ro|)oses to concede to the* North American Comjjany the ri<;ht to take a sullicient number of seals, and no more than sutlieient, to rec()m]M'nse them for their outlay in taking' care of th(^ natives The Secretary of tin' Treasury after full consideration has limited the number to 7,r>fM), to repay them fin- the outlay demanded for the support of the ;{()() people on the IVibylolf Islands." 10. AVe do not luiderstand that the liiiled States' (iovernment in any way indorse the action of the Treasin-y AjjenI, who, as we have already pointed out. acted in perfect s;o<)d faith, but was withotit the necessary instructions. 11. AVe |)resume that all the skins taken this year in excess of 7,oOO will be held over for next year's (piota, inasmuch as if sold for the ac(!ount of the Com])any this year they would provide funds very much "more than sullicient to recompense them for their outlay in takins^ care of the natives" for this cutiro year, which would be in direct, contravention of the expressed inb-'utions and wishes of the I'resident of the United States. Wc hftvc &e (Signed) ' GKORGE BADKN-POWELL. GEORGE M. DAWSON. [672] R 2 No. 177. The yfarquis of Sniiithury In Sir J, Paunccfote. Sir, Forrign Office, Detemher 5, 1891. I TT.WE rccoivwl your (Icspnfcli of tlio 2.1i(! ultimo, incloHiiif? ••npy of a noin wliicli, in coniiiliaiicc witli iiistru('ti«)ns contained in my tolcijrani of the 22nfl ultimo, yon liavo addressed to Mr. Ulaiiu', scttini; forth t!:*) two n'servations mado by Iicr Majesty's (iovcrnmcnt with n-j^anl to clauso of tlie Behrin^'M Sou Arbitration At?r«'i'm(Mit. I li.ivc to state, in reply, that tho note addressed by you to Mr. Blaine is approTcd by Her Majesty's Oovernincnt. I am, &e. (Signed) 8ALT8BUUY. No. 178. •Sir J. Pauncefole to the Marquis of Salisburij. — {Ueceired December 7.) My l/ird, Wnshington, November 21, 'U. Wiril lefercnec to my telei^ram of the 2M\ instant, I have the honour now to report in s^reatcr detail what took plaee at tlin interview whieh I had with Mr. Blai'ie on that day respeelin;? tiie two reservations wlv'h your Lordship instrueted me to niiike before hii^nini? the clunses for insertion in the Bohrini»'s Sea Ai^recment. Mr. Hlaine.whohad before hin\ thenote wiiich I bad addressed tobinion tho subject, and of which 1 transmitted a eopy to your Lordship in my despatch of the 23rd instant, took exception to otii reservations, which ho said In- could not advise the President to accept. I sai. that theso reservations imposed no new conditions whatever, and wore intended simply to obviate any doubt as to the meaning and elToct of the 6tb clause, and thus to prevent any disai;recment at a later stai^c. ^Ir. Blaine asked what was tho object of the first reservation. I replied that the 6th clau.se appeared to me to im|)ly that Regulations for tho control of pelagic sealing were necessary — a proposition which was opposed to tho contention of Canada — and I prcsunu'd that it was on that groimd that your I>irdsbip desired to make it clear that it would be open to the Arbitrators to hold that no such lles^ulations at all wore necessary. ifr. Blaine observed that be did not think tho lanptinge of the clause precluded such a tindini;. JIc; proceeded to express the stroni»est objection to the setiond reservation, which he said was calculated to wri'ck the whole arrangement. How many maritime I'owers, be asked, Mcrc to be in\itod to adhere to the Retfulations ? What jirospect was there of obtaining their adhesion, secin<^ that they had declined the invitation of -Mr. Hayanl to Join in an international arrani^ement for the protection of the fur-seal fisheries? It had never been sui^jjcsted befoi-e in the course of the negotiations that the I{(!!^ulations to be framed should not he obliijatory on the two Governments until they had received the .adhesion of tho other I'owers. What were Her -Majesty's (lovernment prepared to do pending such at that the (Jreat I'owers would acquiesce at once in those Regulations, or that the minor I'owers would hesitate to follow their e.xaniple. I jiointcd out that no International Begnlations would be made unl(»«s the awanl of the ArljitratoiN should have previously proclaimed to the world that the fur-seal fishery in Rehriiig's Sea is free to all flags. In that case, if the other I'owers were, as Mr. Blaine apiirehendod, to nsfuse tlieir adhesion lo the llegulations, the result would be, in the words of your Lordship, that the two fiovernmcnts most interested had simi)ly handed over to others the right of exterminating the seals, iler Majesty'.s Government could hardly b(! expected to place theniselves in such a position. Thev could not stultify themselves by submitting permanently or for any length of time to Regulations whieh were not equally obligatory on other Governments, What they would do, pending the adhesion of the I'owers, I was not prepared to say, but I thought it probable that they would voluntarily obscnre tho Regulations pending tho Its rrmilt of flic inTttntion of (Jroat Hritnin nnd tJio United Stnton to tho Powers, or no lonjf an rir(Mitn«tnnc(!ii, in tlicir jiidsfmcnt, m\fi\)i render it prncticalile. Mr. HIaine Raid lu; would send a reply to my nolc after inyint? the matter before the I'rrsident and the Caliitiet wliidi was then Kittinjj, and, in the meanwhile, the sig!intiire of tho elauscs was pontpom-d. I have, Ac. (Signed) .Il'LIAN PAUNCKFOTE. No. 179. Sir J, I'auncefole to the Marqui.^. / Salisbury.* — (Received December 7.) My f.ord, IVashington, Sorember 27, IHOl. IN my despatch of the 2^iM instant I tnuisinitted i\ eopy of llii' note which I addressed to Mr. Ulai' irifor.i., :tf liim '.i the reservation ivhich your liordsliip had instruetiHl me to ni..i.i' respeetinjj r' uise (5 of the proposed Hidi"iti'.;'s Sea .\rl)itnition Agreement, before 8i!.;nin!; th«^ fext of tlio seven clauses iw sctth^d in the dipldiiiittie eoricst'ondence. I now have tho honour to Inclos^ a copy of Mr. Illaino's reply to that note, wliich I received to-day. He appears to nttaeh some Wfii;ht to "• • f.ict of my havini? left with him, at his re(|uest, u jiiipcr coiituiniii^ the tevl of tln' .seven <'liiuse» a.s they appear in my eojiy of the diploMuitic eorrespmdence, and which I had caused tu bo T>n'»>iired for the ])urpose of comparison and verification. He li;id himself handed me a lew days before, and for the same purpose, a similar paper eimtainin^' the text of the clauses taken from his copy tif the diplomatic correspondence. I am at a loss to underst.-ind ho\\ that exehanfje of courtesies, which is a common practice under similar circumstances, can possil)ly alTcct the questions under considerat ion. I have, &c. (Signed) JULIAN I'AUNCErOTE. Inclosnrc in No. 179. Mr. niaine lo Kir J. Ptinneefolf. Sir, Depnrlmotil of Sidle, Wn.ihinijton, November 27. 1^01. IN the early part of last week you furnished the exact ])oints whiidi had beeu affi'ecd u])on for arbitration in the matt<'r of the Hehriuir's Sea nei^otiatioii. i'ou called later, and corrected the lanifiiai;e which introduced the a'^reemcnt. In fact, the two c.pies framed W(;re taken entirely from your Miiuites. If was done with a view that you aiul [ should sij^n them, and thus authenticate the points for the Arbitrators to consider. Vou inform me now that l>ord Salisbury asks to make two reservations in the (Jtb Article. Jlis (ii-st reservation is that " the necessity of any itegulation is left to th(^ Arbitrators as \vc ■ as the nature of those Regulations, if the necessity is in their judi^mi'ut i)roved." What reason has Lord Salisbury for alterinij; tho text of the Article to which he had aifrced ? It is to be prestimetl .isat if Kei^idatiiins aro needed they will be made. If they are not needed, the .Arbitrators will not make them. The agreement leaves the Arbiliators free upon that point. The first reservation, tberelbn-, has no special meanini;. The second reservation which l/ird Salisbury makes is that "the lleijulations shall not become oblif^atory on Ore.it ltritaii\ and the United States until they have been ■iceepted by the other Maritime l'ow(>rs." l)o(>s Lord Salisbury mean that the United States and Great Britain shall refniin from takini.; seals until every Maritime Power joins. in the {{emulations? Or does he mean that sealinij shall be resumed on the 1st May next, and that we shall proceed, as before the arbitration, until the Utgulations have been accepted by the other " Maritime Powers "? * Subttiore telrgropbcd. 126 " Maritime Powers " may mean one thing or another. Lord Salisbury did not say the j)rincipal maritime Powers. France, Spain, Portus^al, Italy, Austria, Turkey, Russia, Germany, Sweden, Holland, Belgium are all Maritime Powers in the sense that tlioy maintain a navy, great or small. In like manner, Brazil, the Argentine Confederation, Chile, Peru, Mexico, and Japan are Maritime Powers. It would require a long time, tliree years at least, to get the assent of all these Powers. Mr. Bayard, on the lOtli August, 1887, addressed Great Bkitain, Germany, l-'rance, Russia, Sweden and Norway, and Japan, with a view to seeiu'ing sonn' Regulations in regard to the seals in Behring's Sea. France, Japan, and Russia replied with languid inditt'erenco. Great Britain never replied in writiug. Germany did not reply at all. Sweden and Norway said that the matter was of no interest to them. Thus it will he again. Such a proposition will postpone the matter indefinitely. The President regards Lord Salishm-y's second reservation, therefoi-e, as a material change in the terms of the arhitration agreed upon hy this Government, and he instructs me to say that he does not feel willing to take it into consideration, lie adheres to every point of agreement which has l)cen made hetween the two Powers, according to the text which you furnished. He will regret if Lord Salishury shall insist on a suhstantially new agreement, lie sees no ohjection to suhmitting the agreement to the principal Maritime Powers for their assent, hut he cannot agree that Great Britain and the United States shall make their adjustment dependent on the action of third parties who have no direct interest in tlie seal lisheries, or that the settlement shall be j)ostj)oned until those third parties see fit to act. I have, &c. (Signed) JAMES G. BLAINE. No. 180. The Marquit of Salisbury to Sir J. Pnuncefote. (Telegraphic.) Foreign Office, December 7, 1891. i HAVE received your tclegrani of the 4th instant. The President of the United States does not, I think, rightly understand the exact nature of the danger against which I tliink it necessary to make provision. Her ^fajesty's Go»'ernment do not fear that Regulations whicli liave been made by the Arbitrators will he rejected hy any of tiie Maritime Powcra ; hut they think there is much ground for apprehension that those Powers may refuse to acee])t IVeaties framed for the purpose of enabling our cruizers to arrest ships which are violating the Regulations while sailing under their flag. It must l)c expected that, under these circumstances, scaling will be pursued under their Hags during the close times. • In signing the proposed Agreement, it certainly is not the intention of the two Powers to arrive at such a result. But should you tind, after making a representation in the abovti sense, that the I'rcsident continues to hold the opinion that the danger 1 have indicated is too remote to justify our incurring delay hy guarding against it now, Her Majesty's Government are willing to yield to liis appeal, and will not at this stage press for further discussion of tin- point. In that case, you are authorized to sign t!>e Agreement as already settled. Her Majesty's Government will, of course, retain their right of raising the ])oint before tlie Arbitrators when the time arrives for deiermining the question of the Regulations ; and it is understood tliat full discretion will bo vested in the Arbitrators to attach to any Regulations they may decide upon such conditions as, in view of this difliculty, they may judge to be necessary and just to the interests of this country and of the linitcd'States. No. 181. StV J. Pauncefote to the Marquis of Salisbury. — {Received December 9.) My Lord, fVashington, December 1, 1801. I HAVE the honour to inclose copy of a rote which, on receipt of your liordship's telegram of the 29th ultimo, I addressed to the Secretary of State m reply ■•■xpiBapao "mmmfm 127 to his note of the 27th ultimo, objectinp^ to reservations which Her Majesty's Govern- ment desire to make with respect to the 6th clause of the proposer their freedom, and evade all Regula- tions by sim])ly hoisting the ting of a non-adhering Pow(U'. How is this difhculty to be met ? Lord Salislmry suggests that, if after the lapse of one year from the date of the decree of IJegulations it shall appear to either Government that serious injury is occasioned to tlu^ tisiiery from the causes above mentioned, tin? (iovernment ecmiplaining may give notice of the suspension of the Reguliitions during the ensuing year, and in such case the Regulations shall be suspended until arnmgemenis are made to remedy the complaint. liOrd Salisbury further ])roj)oses that, in ease of any dispute arising between the two Governments as to the gravity of the injury caused to the tislurry, or as to any other fiU't, the (|uestion in controvei-sy shall he referred for decision to a British and an Americun Admiral, who, if they should be unable to agree, may select, an Umpire. liOrd Salisbury desires nu> to ascertain whether some provision of the above nature would not meet the views of your Goverrmient. I have, &c. (Signed) JULIAN PAUNCEFOTE. No. 182. •Sir J. Pauncefote to the Marquis of Salisbury. — (Received December 1 1 .) (Telegraphic.) Washington, Di'crmber 10, 1891. liMMliDIATELY on receipt of your Lordship's telegram of the Ttli instant relative to. Behring's Sea I addressed a note to Mr. Blaine, as instructed, in the sense of the lirst pari of the telegram above mentioned, concluding with the words " at such a result." 1 referred to a previous conversation which 1 hnd held with him on the same subject, and added that 1 did not understand him to deny my contention that if tiie arrangement arrived at between the two Governnicnts were, «s your Lordship apijrehendcd, violated hy ships under foreign flags, to the serious injury of the seal-fishery, the Agreement must in that case collapse, as tiic two (iovernmeiits could not he exp'fted to cntbree tlie IvCLjula- tions on their nationals while such violiitions were Inking place. For these rcii-iuiis I expressed the hope that, on further consideration, the President would rcconuize the 128 suggested by your importance of arriving at some understanding of the nature Lordship. I have to-day received a reply from Mr. Blaiiic to tlie following cflect (see inclosure in Sir J. Paunccfote's despatch of the lOth December). Shall I now reply to .Mr. Blaine in the sense of the second part of your Lordship's telegram above mentioned, and ofTor to sign the Agreement, subject to the reservation and understanding set forth in the last paragraph ? 1 await your Lordship's instructions. No. 183. The Marquis of Salisbury to Sir J. Pauncefote. (Telegrnphic.) Foreign Office, December 11, 1801. IN reply to the iiiquiry in the last paragraph of your telegram of the 10th instant, I have to inform you that you arc niithorized to sign the Articles providing for the Behring's Sea Arbitration and Joint Commission, as already settled, subject to the understanding explained in my telegram of the 7th instant. No. 184. Sir J. Pauncefote to the Marquis of Salisbury. — {Received December 15.) (Telegraphic.) Washinyton, December li, 1891. I ADDRESSED a note to Mr. Blaine on receipt of your Lordship's telegram of the 11th instant, as proposed in the last paragraph of my telegram of the 10th instaut. Following reply has just been received : — [See Inclosure 1 in Sir J. Paunccfote's despatch of December 15 : Inclosure 1 in No. 192, infra.] I will of course let Mr. Blaine know that, pt.nding further instructions, I cannot sign. No. 185. The Marquis of Salisbury to Sir J. Pauncefote, (Telegraphic.) Foreign Office, December 16, 1891. 1 HAVE received your telegram of yesterday. Owing to the difficulties of carrying on negotiations by telegraphic commuuication, I am afraid that the President of the United States has imperfectly understood my meaning. At his request I have consented to defer any fnrther discussion for the present as to the course to be pursued in the event of the Regulations determined on by the Arbitrators for the preservation of the senl species being evaded by means of a change of flag. It was neces.sary in so doing that I siiould guard myself against the supposition of having narrowed by that consent the rights which accrue to the litigants or the Arbitrators under the Arbitration Agreement. But I did not, as the President appears to think, make a reservation in my last conmiunication, or use that word. That a reservation may be operative in respect to an Agreement, it must have the assent of both parties to that Agreement, and I have not asked for any such assent in the present instance of the United States' Government. I am in entire accord witli tiic President in objecting to the submission of any points to the Arbitrators which the Agreement does not embrace. Whenever Mr. Blaine is willing to do so you are authorized to sign the Agreement. 12'J No. 18G. Sir J. Pauncefole to the Marijuis of Salinhurij. — {Received December 17.) (Telcffrapliic.') Mnsliini/lnn, December 17, 1891. YOUR Lordship's tclcp^rani of yesterday received last nigiit. I am addressing a note to .Mr. IMaine in tiiat sense, and expressing my willingness to wign. 1891. instant, for the to the No. 187. Sir J. Paunccfote to the ^fal■(|ui.1 of Sulixhurij. — (Received December 18.) (Telegraphic.) Washington, Decembe' 18, 1891. I HAVI'] the hononr to report, with reference to my telegram of yesterday, that Mr. Blaine and I signed this morning the text of the seven Articles to he inserted in the Behring's Sea Arbitration Convention, and also the te.\t of the Joint Couiraission Article. No. 1S8. Sir J. Pauncefole to the Maniuis of Salisbury. — {Received December 19.) My Lord, Washington, December 10, 1891. ON receipt of your Lordship's telegram of the 4th instant I sought an inter- view with .Mr. IJlaine. Owing to the pressure of husinci^s connected with the opening of Congress, I was unable to see him until the morning of the Btli, when I had a long discussion with him at the State Department on the subject of his note of the 2nd instant respecting the Gtli Article of the proposed Hehring's Sea Arbitration Agreement. I ])ointcd out to iiim that the danger which your Lordship apprehended was not so much from the non-acceptance by other Governments of the Fishery Regulations as from the practical diliiculty of enforcing them without the power being given to liritish and American ci uizcrs of arresting vessels under foreign lings found to be violating the Regulations. That was a jjower which foreign Governments would be unlikely to grant in view of the Jealousy which exists respecting the right of search on the high seas. If your Lordship's appreliensions should be realized to such an extent as to cause serious injury to tiie fishery, the Agreement must necessarily collapse, as it could not !)C expected that either Government should continue to enforce on its nationals Regulations which were i)einur violated witli impunity under foreign Hags, Mr. lilaine readily admitted that in sucii case there would be an end of the AgreenuMit, and said that every one would then be free to go in and make havoc of the t:al fisliery; but lie jjcrsisted in treating it as a most remote contingency, lie deprecated making arrangements to meet the evil bef )erstand you to dispute (hat, slumld such a state of thinjis arise, the Agreement must coll. ipse, as the two (Joveinnu'iits could not he cxi)eeted to enforce on their respective nationals lic^uhilions which are violated under i'orciiin flags to the serious injury of the lishery. 1 hope, therefore, that, on further consideration, the President will recognize the importance of arriving at some understanding of the kind suggested in my note of the 1st instant. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure 3 in No. 188. Mr, Blaine to Sir J. Pauncefote, Sir, Department nf State, Washinglnn, Decciiihcr 10, 1891 IN reply to your note of the Bth instant, I have the following ohservatiims to make:-- 1. Ever since the Behring's Sea queslion has hecii in disi.uie (now nearly six years), not one shij) from France or Germany has ever engaged in sealinji. This alibrds a strong presumption that none will engage in it in the I'titure. 2. A still stronger grottnd against their taking part is that they cannot afford it. From France or Oennany to Behring's Sea hy tlie sailiiur Hues is nearly 20,0(iO miles, anil they would have to make the voyage with n larger ship tlian can he ])r()lital)ly employed in .sealing. They wotdd have to start from home the winter jirccediiiL'' tiic scaling season and risk an uniisiialiy hazardous voyage. When they reach the tisliinfr grounds they have no territory to whidi they could resort for any piir|iose. .'). If we wait until we get iMance to agree that her ships shall lie searciied by American or British cruizers we will wait until tiie last seal is taken in Beliiiiig's Sea. 'i'hus much for France and (u'rinany. Other JMiropiim cmmtvies li::vi' thr siinie disabilities, liussia, citi'els rngiiged in violating the Ueliring's Sea ItennlaMons. To stop the aibilration a whole month on a (|Ui'stion of this cliaiactcr promises ill for its success. Some other less important tpiestion even tlian this, if it can Ik- I'ouinl, may ])robably he started. The ellect can only be to exhaust the time allotted for arbitration. We must act mutually on what is ]trobable, not on what is remotely possible. The President suggests again that the proper mode of prul)niitled to the priiM'ipnl Maritime Powers. Thiil is an intelligent ami intelliuible jirocess. To slop now to consider the iicu'dations for ontsidc nations is to imIetinlU'ly [losipoiu' llic whole question. The i'nsidcnl, therefore, ailheres to his gnaiml tirsi announced, thai wc must have the arbitration as already agreed. He suggests to Lord Salisbury that any other process might nuike the arbitration impracticable within the time specified. 1 have, SiC. (Signed) JAMES (!. BLAINE. No. ISO. Sir J, Pauncefote to the Marquis of Salishurii. — {nrceivnl Drvemher i!h) (Extract.) Washinqlnn, Deamhir \0. \fi'^\. 1 HAVE the honour to inform your Lordshij) that, in alluding to the llebrin^i's Sea question, the Piesident's Mes,sage states that he i.< glad to be able to annonuce that [5721 H 2 188 terms of arbitration satisfactory to tlic United States' Government have been arrived at, and tiint an asjroeniont as to tlio Arbitrators is all that is necessary to tlie coni))letion of tlic Convention. Jle also adds tliat, "in view of ilu; advaneed position which tliis (Joveniinent lias lakrii upon the subject of international arbitration, this renewed c.\|ires>ii)n of our adherence to Ibis method for the settlement of disputes >ueh s have arisen in the IJebring's Sea iviil, I douiit. not, meet with tlie concurrence of Congress." No, 190. Sir J. Pauncefote to the Marquis of Saimbury. — {lieceived December 19.) My Lord, Wnshimjton, December 11, 1801. WITH reference to your Lordship's telegram of to-day. I have the honour to inclose copy of a note which 1 have addressed to Mr. lliaine in the sense of the second ])art of your Lordship's telegram of the 7tli instant, offering to sign the Rehring's Sea .Arbitration Agreement and iloint Commis.sion Article on the understanding mentioned in that telegram. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure in No. 190. Sir J. Pauncefole to Mr. Blaine, Sir, Washington, December 11, 1891. I HAVE the honour to inform you that I telegraphed to the Manjuis of Salisbury the sul)stancc of your note of yesterday respecting the Gtli Article of the proposed Helirinir's Sea .\rbitration Agreement, and that I have received a reply from his Lordship to the followinu clfeet : — In view of flic strong ojiinion of die President, reiterated in your note of yesterday, that llio danger iipjirehendcd i)y Lord Salisbury, and explained in my note of the 8lh instant, is too remote to justify the delay which might be incurred by guarding against it now, his Lordship will yield to the President's appeal, and not press for further discussion at this stage. Her Majesty's (Jovernmcnt of course retain the right of raising the point when the question of framing the liegulations comes before the Arbitrators, and it is understood that the latter will have full discretion in the matter, and may attach such conditions to the Regulations as they may a priori judge to be necessary and just to the two Powers, in view of the diHiciilfy jiointed out. With the above observation Lord Salisbury has authorized me to sign the text of the seven Articles and of the Joint C'omrnis>i(>n Articles referreil to in my note of the 23rd ultimo, and it will give me much jjloasure to wait upon you at the State Department for that purpose at any time that you may appoint. I have, &c (Signed) JULIAN PAUNCEFOTE. No. I'Jl. ^/r J. Pauncefote to the Marquin of Salisbury. — (Received Decnnlier 2^.) (Telegraphic.) WashirKjton. Dpccmber 22,W.n. Til I'll question of tlio number of Arbitrators was reopened to-day hy Mr. Blaine. He stated that he was of opinion, as was also the President, that seven was too large a number, and that it would sutiice, as three are to be appointed by foreign Governments, if the United States and Great Britain should each appoint one. He was anxious that the above consideration should be urged on your Lordship, and he expressed the hope that efforts might be made to expedite as much as possible the remaining arrangements. vcd at, tion of :li this 'iiewed uc'h s nte of 133 No, 192. Sir J. Pauncefote to the Marquis of linlishury. — [Received December 28.) My Lord, Washington, Deccmlur 15, 1891. WITH rcfcroncc to my tclesjrnm of ycstcnlny, I liavt; the honour to inclose copy of a note whicli I liiivu n'ceivcil from Mr. IMuliic, in wliidi lie states that the President objects to your Ijordsliip makin;; uny reservation at ail in rc;.'.ird to the Beliriii<;'s Soa Arbitration Agreement ; together witli a copy of the reply which 1 have returned tiiereto. I have, &c. (Signed) JULIAN PAUNCIiFOTE. Inclosure 1 in No. 192. ^fr, Blaine to Sir J. Pauncefote. Sir, Drpartmrnt of Sliilr, Washiiirjlon, Derfiiilm 14, 1891. I II.WR tlic honour to advise you tliat I huhaiilteil your note of the'llth instant to the President. After mature deliheratinn, lie has instructed me to say tliat he'objects to Lord Salisbury makinu; any reservation at all, and tliat he cannot yield to him the right to a])pcal to the .Arbitrators to decide any ])()iiit not embraced in the Articles of Arbitration. Tiic President does not admit that Lord Salisbury can reserve the riiihl in any way to aflect the uecisiim of the Arbitrators. We understarid that the arbitration is to jiroceed on the .seven points which are contained in the .Articles whicli you and I certify were the very jioints ajrrced u])on by the two (Governments. For (jord Salisbury to claim the right to submit this new point to the Arliitrators is to entirely cliange the arbitration. The President might, in like manner, submit several e willing to do so. I have, &c. (Signed) JULIAN PAUNCEFOTE. No. 194. Sir J, Pauncefote io the Marquis of Salisburij. — {Received December 28.) My Lord, fVanhinglnn, December 18, 1891. WITH reference to my immediately preceding despatch of to-day, I have the honour to inclose herewith the text of the seven Articles of the Behring's Sea Arbitration Agreement and of the Joint Commissiou Article, as signed by Mr. Blaine and myself. I have, &c. (Signed) JULIAN PAUNCEFOTE. 136 Inclosure in No. 194. Text of Arlielex for in.^ertion in the Rehrimj':^ Sea Arbilrnlion Agreement «» sHlled in the Diplomatic Correspondence between the Government of Great llriinin and the Government of the United Stales. I. WHAT exclusive jurisdiction in the sea, now known as the Hehrincf's Sea, and what exchisivc rights in the seal fisheries therein, did Russia assert and exercise prior and up to the time of the cession of Alaska to the United States ? II. How far were these claims of jurisdiction as to the seal fisheries recognized and conceded by Great Britain ? III. Was the body of water, now known as the Bchriiig's Soa, included in the phrase " Pacific Ocean," as used in the Treaty of 1825 between Great Britain and Russia; and what rights, if any, in the Behring's Sea, were held and exclusively exercised by Russia after said Treaty ? IV, Did not all the rights of Russia as to jurisdiction, and as to the seal fislierie-i in Behring's Sea east of tlie water boundary, in the Treaty between the United States and Russia of the 30th .March, 1S(>7, pass unimpaired to the United States junder that Treaty? V. lias the United States any right, and, if so, what right of ])rotccti()n or property in the fur-seals frc(iuenting the islands of the United States in Uuhring's Sea when such seals are found outside the ordinary three-mile limit ? VI. If the determination of the foregoing questions as to the exclusive jurisdiction of the United States shall leave the subject in such position that the concurrence of Great Britain is necessary to the establishment of [{egulations for the proper protection and preservation of the fur-seal in, or habitually rosorting to, the Behring's Sea, the .Arbitrators shall then determine what concurrent Regulations outside the jurisdictional limits of the respective (governments are necessary, and over what waters such Regula- tions should extend, and, to aid them in that determination, the Report of a Joint Commission, to be appointed by tiip respective Governments, shall be laid before them, ■»ith such other evidence as either (iovernmont may subntit. The Contracting Powers furlhermore agree to co-operate in securing the adhesion of other Powers to such Rcjjulations. VII. The re^])ective Governments having found themselves unable to agree upon a reference which shall include the question of the liability of each for the injurios alleged to have been sustained by the other, or by its citizens, in connection with the claims presented and urged by it ; and, being solicitous that this subordinate (juestion should not interrupt or longer delay the .subnission and determination of the main questions, do agree that cither may submit to the Arbitrators any question of fact involved in said claims and ask for a finding thereon, the question of the liability of either Government npon the facts found to be the subject of further negotiation. (Signed) JAMKS G. BLAINE. JULIAN PAUNCEFOTE. December 18, If 91. 130 Ttxt of the Behring'i Sea Joint Comminsion Agreement as settled in the Diplomatic Correspimdenee between the Governvunt oj Great Britain and the Government of the United Utates. Knell riovernnient shnll appoint two Conitnissioncrs to iiivcstiirntc conjointly with the C'oniinissioncrs i>t' tlic otlior (iovornnii'iit nil the fiiets Imvin^j relation fo .soul life in Helninj; s Sea, and the nieasurus mcessaiy tor its proper iirotcetioii and preservation. The tour (.'ommissioncrs hlmll, so far ns they may he able to nt^ree, make a joint Report to each nf the t»o Ciovi'rnnu'iits, and ihv\ shall also rejiort, either jointly or Beverally, to each Government on any points upon which they may be unable to iifcree. These Kejiorts shall not he n.ade public until tlioy shall be submitted to the Arbitrators, or it shall appear that the continjrency of their beinj; u.ied by the Arbitrators cannot arise. (Signed) JULIAN PAUNCKFOTE. JAMES G. BLALNB. December 18, 1^91. No. 195. The Marquis of Salisbury to Sir J. Pauncefote. (Teleffraphic.) Foreign Office, December i"J, 1891. YOUR telegram of the 22nd instant. You should make it clear to Mr. Blaine that Her .Majesty's Government urge the appointment of seven Arbitrators. No. I'JG. The Marquis of Salisbury to Sir J. Pauncefote. Foreign Office, December 30, 1891. (Telep:raphic.) HEiiRING'SSEA. I have been asked by Sir G. Baden-Powell to ascertain whether any date can be fixed for the nieetiui; of the Joint Commission. He is ready to start on the Gth January if necessary. No. 197. Sir J. Pauncefote to the Marquis of Salisbury. — {Received January t.) (Tclpirraphic.) Washintjlon, January '2, 1892. AViril rcfemice to yoiir I/>rdship's telegram of the ItOlh ultimo, relative to the Bchrimr's .Sc;i .loiut Coininission, .Mr. Blaine has no ohjcctioii to its nicctini,' at the earliest date which may be permitted by the other public duties of the American Commissioners. \\'hat that date will be he iiopcs to be in a position to inform mt on the Ith instant. No. 108. Sir ./. Pauncefote to the Marquis of Salisbury. — {Received January 4, 1892.) :My Lord, IVashlnqlon, December 23, 1891. 1 HAVIC the honour to inclose hercnvitli Census Bulletin No. \'2:\ relativt to the (isliirifr industry of the Unit(!(l States connected with m;u'inc mamnuilia.* The business pursued l)y the .Alaska Commercial Company is not given in the Report. Kxclusive of the operations of this Company, it appears that the capital invested in (he fur-seal .-ind sea-otter (isbery in 18!^!) w.ns l.')J,7.')7 dollars; the value tif the products landed in the same industry was 124,983 dollars; tlic number • N'ot printed. plomatic It of the Iv with life in tion. a joint nuily or iifrrec. to the )itraturs 137 of pi;s(iiis (•n;;.i;j:c(l, 4'_'.'. OC the (iir-Koal and oticr (Ipl-I, II vessels hailed from Sail F raiiciseo, 7 IVom I'ort 'rownsend, Wnshinjjtoii ; 1 fniin Santa IJarharn, Cnlif()iiii;i ; and 1 from Salcni, Massacliuselts. Of the einploves. 'JN.'i were natives of the United States, 5 of Canada, 18 of Great Hrilain, '_'!) of Japan, and Ct] of Norway and Sweden. Tiie number of the fur-seal Hkins tai\en was 2'28. I have, &.C. (Sii;nc(l) JULIAN I'AUNCEFOTE. No. 199. Sir J. Pauncefote to the Marquis of Salisbunj. — {Received January 4.) (Telcfiraphic.) IVashington, January'^, 1892. \\'iril reference to my telofjram of the "nd instant, I have the honour to state that I was informed to-day by Mr. Blaine that the President cannot consent to the meeting of the .Joint Commission until a definite settlement has been arrived at us to the remaining details of the Arbitration Agreement, which formed the subject of my telegram of the '2nd instant. No. 200. Sir J. Pauncefote to the Marquis of Salisbury.— (Received January 13.) (Tfle^rajihie.) \S nahinijlon, January \',\, 1S9J. I IIAVK the hor.our to inform vour Lordship that Mv. lilaine is now most an\i(.us for the inmiediate meetiiii;- of the Joint Commission, and begs that instructions may be sent to the two |{ritisii ( onimissioners to proceed with as little delay as possible to Washington, whieii, in his opinion, taking all the circumstances into consideration, is the most convenient place of meeting. I should be ghul to be informed whether Sir George Uaden-Powell has left for America. No. 201, Sir J. Pauncefote to the Marquis of Salisbury. — (Received January 14.) (Telegraphic.) Washington, January 14, 1&92. BKl I RING'S SEA Joint Commission. I think it of the greatest importance that Sir (i. Haden-I'owell and Dr. Dawson should be authorized to proceed to Washington at once. I will telegraph to Lord Stanley, begging him to request the latter gentleman to hold him- self in readiness to start. No. 202. Foreign Office to Sir CI. Baden- ell. Sir, Foreign Office, January 14, 1892. I .\M directed by tli? Marcpiis of Salisbury to inform you that Sir J. Pauncefote has reported, by telegraph, that the United States' Government are now anxious that the Joint Commission should commence its sittings at once. it is therefore desirable that you should proceed to Washington as soon as vcu conveniently can. I am, &c. (Signed) T. V. LISTER. CWl 188 No. 203. TAff Afarqnis of Salinbunj to the Ueltrintj'.s Sen Commiaiiontrg. GentliMiicn, Fureiipx Oflicr, Jninwrii 1."), 1»!)2. I IIAVK to iiirorni you tluit Ilcr Mrijcslv's .Minister at N\':i.sliins;ton li;is srnt home tlip text of spven Articles, sip;niMi hv liimscH' arul Mr, Hiaiiir on the 18lh ultimo, whieli are to hu omixxlied in a formal Aiireement between Her Majesty's Government and that of the United Stales for referring;- to Arhiliators ecrlain questions at issue between tlic two (iovernmenls in regard to the jiirisdicliou claimed by the latter over the waters of Belli ing'a Sea in connection with the fur-seal fisheries therein. Sir J. Paunoefote lias also forwarded the text of an A^jreenient sillied on the same (lav for the appointment of two Cominissioners liy il"r .M.ajesty's liovernmeiit and tliat of the rnitcd States respectively, to investii;ate, conjointly with the ("onimissioiiers of the other (ioveriinicnt, all the facts relatiiifj to seal life in Bchriii^'s Sea, and the necessary measures for its proper protection and preservation. \ copv of Sir .f. Pauncefote's dc.spjitcli, iiiclo-sing; l?oth these ducuinenls, is forwarded herewith for your informtition* I now transmit the Queen's rommission ii T the Sifjn Manual ajipointiiiff you to be Her Majesty's Comiiiissioners in ■■iccorti 'c with the jirovisions of the .Foint Commission .\jj;reement, and 1 request that \ .i will proceed to \V.ishiti;;ton an soon as you can conveniently do so, in order to draw up the llepoit indicated in the second paragraph of the Aiirecmcnt. 'riic ini'oinialion wliicli has been obtained by your .\niericaii colleagues and yourselves durin;:; your recent visit to ikhrin^'s Sea will au|)ply you with material for the iireparatioii of your Report. 'I'here arc, however, a few jioints to which Her Majesty's Government consider it desirjible that your special attention should he directed. Y(ai will observe that it is intended that the Keport if the Joint Commissioners shall embrace recommendations as to all measures that should be adopted I'or the preservation of seal life. For this purjiose, it will be necessary to consider w-h.-it Rofjfulations may seem advisable, whether within the jurisdictional limits of the United States and Canad.a, or outside those limits. The Roii;ulations wiiicli the Commissioners may recommend for adoption within the respective jurisdictions. of the two countries will, of course, bo matter tor the consideration of the respective Governments, while the ll.njiilations atfectinu; waters outside the territorial limits will have to lie considered uiuhn' clause t> of the Arbitration Aj;reement in the event of a decision beiiin' given iiy the .Vibitrators aufainst the claim of exclusive jurisdic- tion put forward on behalf of the United States. 'J'he Keport is to be presented in the first iii'^tance to tho two (loverntnents for their consideration, •■ind is subsetpienlly to be laid by tho.e (iovrnmenls bcfon; the Arbitrators to assist tlieiii in deleriniiiina; the more restricted (piesiioii as to what, if any, Re^ulatiiins are essetitial for tiie protection of the I'tir-beariiii^ seals outside the territorial jurisdiction of the two countries. in the event of any points aiisinjj on which the Commissioners arc unal)le to arrive at tin undcrslaiidinj;', they shoulil rejiort jointly or severally to each Govern- ment on such points. In conclusion, I have to state that Iler Majesty's (iovernnient pl;ice (-very reliance on your tact and discretion in the conduct of your investigations with your -American colleagues, who will, no (i.)ubt, lie ecjually desirous with yourselves of arriving at a common agreement on the questions to be discussed. I am, &c. (Signed) SALISBURY. No. 201. iS'iV G. Baden-Pouwll to the Marquis of Salkbury. — {Received February 1.) (Telegraphic.) Waahimjlon, February 1, 1892. ARRIVED Washington with Dawson Slst January. • .No. ia4. 1S9 No. 205. Sir J. Paunrffolf to the .Uwrryui* of Halinhunj. — {Received Februanj 1.) (Toli-'.-niillic.) Uimhinr/trn, Fchniiin/ 1, 1^*02. I IIAVI-; llic lionimr loiiirorni vmir '.ordshiji tliat Sir (ii-oitte Hailuii-I'iiwoll .■iriil Dr. Dawson have arrived licpf. I callcMl with lliciu to-day on .Mr. Uiainc, who protiiisi'd tluil the place uiiil time of incctin;; ol the Joint C'otniniiisioii should be arraii":cd at oticc. No. 200. Sir J. Pauncefole to thr Marquis of ISatisbury. — (Received February 7.) My TiOril, Washington, January 20, 1892. I ll.\\'l". tlic honour to inclose herewith copv of a note which I addre^sed to -Mr. IHaine, inforniini;' liitn of the ucce;>taiicc hy llcr .Majesty's (ioverninent of hia propo.sal that ihc l{(?lirini;'.s Sea f()reiq;n .Vrbitrators shall he chosen hy Trance, Ital), and Sweden. 1 have, &e. (Signed) .JULIAN TAUNCEFOTE. Inclosurc in No. 2(»0. tiir J. Pauncpfote to Mr. Blaine. Sir, IVnfhington, January 21. 1892. 1 ii.WI''. the honour to inform you that immediately after my interview witli you on the I jth inutant in rcj^ard to the question of the countries who are to name the .Arbitrators in the Hehrinj^'s Sea controversy, I telegraphed to the .Manpiis of Saiisl)nry that you did not insist on the knowleil<;c of English hy liie Arbitrators as a condition, hut merely as a dcHir.'ible (jualilieaiion. 1 have now rei-eived a teleL;rani from his Lordship, stating that Her Majesty's Government accept your proposal that the Arbitrators iihall be chosen hy h"" ranee, Italy, and Sweden. I have, &e. (Signed) JULIAN PAUNCEFOTE. No. 207. Sir J. Pauncrfote t' the Marquis of Salisbury. — {Received February 8.) (Tclosrapliic.) IVashmgton, February 8, 1802. I K()RWARI)KIX bv bag', ea Comwissioncrs to the Marquis of Saliabury. — (Received February 10.) (Tcle luring the present year until they are birther informed as to what the provisions of the modus rivendi are to be. It does not seem to be at all necessary for the preservation of the fur-seal species that sealing should be entirely prohibited. No. 215. Sir J. Pauncefote to the Marquis of Salisbury. — (Ucceived February 18.) (Telegraphic.) ICns/iny/on, February 17, 1892. \V1TH reference to your Lordshi[)'s tck'p;ratn of the IGth instiint, Mr HIaine presses that the question of the modus rivendi should he considered and rt'|u)rttd on by the Joint Commission. 1 have informed him that, in my opinion, it lias no jjower to <]o so under its present mandate. Will your J^rdshij) inform me whether you arc willing that the necvBSiiry authority shall be i,dvcn to the Commission, provided that no obligations will be imposed upon either Government by its report r No. 216. The Marquis of Salisbury to Sir J. Pauncefote. ■ (Telegraphic.) Foreign Office, Fibruary 18, 1H{)2. IIKR Majesty's Government have ha(i under their consider.-ition Mr. Hlaine's proposal, reported in your telegram of yesterday, that the Joint Commission should exauiine and report on the (juestion of arranging a fresh modus rivendi during the next seal-lishing season in Behring's Sea. They have no objection to its being considered by the Comniission whether, in case the dw-ision of the Arbitrators is not obtained before .June on the points to be submitted to them, any modus vivendi will be necessary, and, in that case, what should be its provisions. Her Majesty's Government must, however, reserve absolutely their right of action in respect to any recommendations that may be made by the Commis- sioners. In the present state of Parliamentary business, it seems unlikely that it would be possible to obtain any frosh powers from Parliaiiienl. 143 "The Seal Fishery (Behiing's Sea) Att, 18!)1," is still in force, but it only gives power to ()roiiii)it sealing in Beiiring's Sea l)y Order in Council within limits and for a period to be specified in the Order itself. You should communicate to tlie Canadian Ciovernraent the substance of your telegram of the 17th instant, and of my reply. No. 217. The iJarquis of SaUfihury to Sir J. Pauncefotc. (Telo,!,'mph)C.) hhrelgn Office, Febrnnrii 20, 1802. \\VAi Majesty's Government have iiad under their consideration the drai't of a Convention, forwarded with your despatch of the 4th instant, for arbitration on the (juestion of lht» seal lisheries in IJehrinj's Sea. Tliev are |)rcpared to accept it, subject to certain amendments which I have telegraphed to you. No. 218. ' The Behring's Sea Commissioners in the Manjuis of Salisbury. — {Received February "25.) My Lord, Arliiujioii Hotel, Wushimjlon, February 19, 1892. IN continuation of our despatch of the l&t instant, we have tiie honour to report that after inforniins; the Sccrt;tary of State ot our readiness to couunence work on the .loint Commission on the 1st February wc received no further intimation as to our conferences until Sir Julian Paunecfote connnunicatcd to us the information that in letters dated the 4th and (ith February Mr. Blaine had |iciintpd out to him that wo could not pro- ceed othcially to the discharge of our duties or Ibrnuilute our Reports until the Arl)itration Convention was siijned, hut that he would inter|)ose no objection to our holdiuj,' preliminary and inlormal conferences. 2. On the ath February we accordingly held our first preliminary conference, and much pre|)aratory work was got through. It was then arranged to hold a second con- ference on the I Itii instant. .'i The decision on Mr. Blaine's suggestion that, pending the signature of the Arbi- tration Convention, the meetings of the .Joint Commission were to be informal, we eom- munieated to your Lordship on the Dlh instant, i;i ;i telegram ot which a paraphrase is inclosed herewith. 4. On the lUtii February, however, Sir J. Pauncefote received and comnmnicated to us afurtiier letter iVom trie Secretary of State, dated the previous day, in which .Mr. Blaine unexpeeteilly look up ipiite a lu-w position, stating that the United States' Commissioners had now been instructed to maki- known to us their readiness tbrmally to arrange tor a joint conlereuce, and proceed without lurther di'layto the discharge of the duties assigned to them. J, We venluK'il to suggest to Sir Julian I'auncefote tliat in view of the strong opinion expressed by Mr. Blaine in his letters of the Ith and (ith February it might be well it notes were exchanged hetueeu the two tiovernnients, drelaring that all work and conferences of the .loint (^onuni^sion uiulertakeu hcfore the signing of the Arhitration Convention would be regarded hv them as Ibrmal and ellicient in character. (>. On Thursilay, the 1 1th iii>tant, after consultation with Sir .F. I'auneelbte, we held the second conference, at, which we ('omniunieated our respective powers, and decided to regard thai and future meetings as formal pending the signing of the Arbitration Con- vention, and on the understanding that the respective Governments have so determined. 7. We have now decided to meet de die in tlieiii, ami there secins to l)e every prospect of our piogressing well with our work. 8. The United States' tiovernment have very courteously provided aceonnnodatiou t'""^'* our conferences in rooms at the State Department. y-one AVc have, &e. (Signed) liKORGli BADKN-l'OV GKORGE M. DAWii: ■ / U 144 ■^ \o. 219. Lord Stanlrij of I'retton to Lord Kvutsford.'' — {Rvcciicd Fehruary 24.) (T(.-U-'r,'ii)liic.) Ottiiwa, February 23, 1892. "WrriT rclVroiicc to vdiir tclcLjiam of tlu> lOtli iustiril i'('s])('ctiiii; the modus viiendi in JU'lirins^'s f>ca, luy ^linistcrs do not jjo'iscss iiny inrormatioii to show that a inoduis rivendi is necessary, or tliat it can 1)0 reasoimtily (lenian(U'(I. If, however, such information lias reachcil Ifor Majesty's Government, the (ioverument of the Don\inion would not oppose such a modus lirnidi ])rovi(le(l thr.t it were confined to a zone of niodei'nfe limits, say, 25 miles, around the seal islands, and provided that it is aceoinpanieil hy sfriuKCMit restrictions against the killinic of seals on land, witii l)(>tter su]iervisi()n than during tlic modus virendi of last year. Any arran!;;eraent of a ni()r(> ex1<'nded cliaraetcr would invcdve compensation to tin? sealing-vesscls, and for this, of oours(>, Canada could not he expected to make provision from the funds of the Dominion. No. 220. Sir J. Paunccfole to the Marquis of SaUshurij. — {Received February 25.) (Telegraphic.) Washington, February 25, 1892. RKIIHING'S SEA modus Vivendi. With reference to your Lordship's telegram of the 16th instant, I have informed Mr. Hlaine that your Lordship could not give an opinion until you learned what vwdus virindi was proposed. Followiiia: is the substance of a note which I have received in reply: — The arlijtraiion cannot possibly be concluded within the period of time which was contemplated orisinaliy. Tiie delays which have occurred iiave been much more by Great liriliiiii tluui by tiie I'nitcd States. 'i'hc President su^'Lrests that the modus sliould be similar in terms to that of last year, but that it should be more fully executed. More eflicient measures on the part of Her Majesty's Government will be |)ractical)le tlds year owiui; to the earlier date. More seals than ever were taken last year, the depaituie of the scalinj^-vcssels having taken place pre- vious to the agreement as to the modus virendi. The |)revention of sealing in the North Pacific Ocean would bo the most effective measure for Ilcr Majesty's Government to adopt. The large number of sealers preparing to go forth from IJritish Columbia would have to receive notice of this. The number of sealers is reported to be larger than ever, and without regulations there will be an immense des! ruction of females heavy with young. Mr. Blaine urgently rccjuests nic to send the contents of the note to your Lordship by telegraph. 1 have not yet mentioned the question of authorizing the Joint Commission to report on the modus rivendi on the conditions mentioned in your Lordship's telegram of the 18l!i instant. No. 221. /S'ir J. Puuncefote to the Marqvis of Salisbury. — (Received February 26.) (Telegraphic.) Washington. February 26, 1892. MY tekgram of yesterday. Mr. niainc specially desire s me to telegraph to your Lordship verbatim tlie following paragraph contained in his note o( the 21tb instant respecting the modus vlvendi: — " Holding an arbitratitni in iiuard to the rightful mode of taking seals, while their destruction goes forward, would bf as if while an arbitration to the title to timber-land were in progress, one party were to cut remove all the trees." He attaches much importance to this illustration. No. 222. '• Sir ,/. Pauncefote to the Marquis of Salisbury. — {Received Fehruary 27.) ( I'clcgraphic.) Washinrjton, February 26, 1892. WITH reference to your Lordship's telegram of the 25th instant, the opinion of the Uritish Behring's Sea Commissioners as to a modus vlvendi mav be convenient to your Lordship at this juncture. They re|)ort as follows ; — * Repeated to Sir J, PauncefoU, 892. Vivendi iiiodux such million one of t it is bottcr of a ml I'or ol' the 14S " We do not apprehend any danger of serious further depletion of the fur-seal resort, ing to the Pribylofi Islands, as the result of hunting this year, unless excessive killing be permitted on the breeding islands. As a judicious temporary measure of precaution, how- ever, for this season, and looking to permanent regulations for the fishery as a whole being established in time for the season of 1893, we would recommend the prohibition of all killing al sea during this seiison, within a zone extending to, say, not more than 30 nautical ii:iles around the Pribyloff Islands, such prohibition being conditional on the restriction to a number not to exceed 30,000 as a maximum of the seals killed for any purpose on the islands." I believe that the necessity for the total cessation of pelagic sealing will be insisted on by the American Commissioners, if tlic question be referred to the Joint Commission; but I submit that it is not necessary for us to go beyond the opinion of our own experts, pending arbitration. No. 223. The Marquis of Salisbury to Sir J. Pauncefote. (Telegraphic.) Foreign Office, February 27, 1892, HER Majesty's Government have had under their consideration your telegrams of the 26th and 2Cth instant, dealing with the question of the modus vivendi proposed by Mr. Blaine for the approaching seal-hunting season. They cannot admit in any degree the correctness of Mr. Blaine's statement that there have been greater delays on the part of this country in the negotiations for settling the Behring's Sea difficulty than there h.ive been on that of the United States. The consent of Her Majesty's Govetnment was given last year to a modus vivendi tiolely on the ground that the preservation of the seal species in those waters was supposed to be endangered unless some interval were given during which there would be a cessation of hunting both on land and sea. No information has reached Her Majesty's Government to lead them to suppose that so drastic a measure is requisite for two successive seasons. Indeed, they are informed by the British members of the Joint Commission now sitting at Washington that there is no danger, so far as the sea fishery is concerned, of any serious diminution or the numbers of the fur-seal species as a consequence of hunting them during the approaching season. You are, however, authorized to offer to the Government of the United States the compromise suggested by the British Commissioners, and reported in your telegram of the 2bth instant, viz., that during the present \ear the killing of seals nt sea should be prohibited within a given radius not exceeding cO nautical miles round the Pribyloff islands on condition that the number of seals to be killed for any purpose on the islands shall be restricted to a definite amount, not exceeding 30,000 at tlie utmost. A speedy decision is necessary, as we are informed that the sealing vessels are already leaving port. Mr. Blaine's comparison of the present situation to a ()uestion of ownfrsliij) of timber land does not appear to me to be applicable. 'I'he case rrsemblcs rather an arbitration on the title to a meadow. While the arbitration is pending the party in actual possession cuts the grass, and lightly so, inasmuch as next year the grass will be reproduced. This will equally be the case with the seals. • No. 224. Sir J. Pauncefote to the Marquis of Salisbury. — {Received February 28.) (Tclcjuphic.) n'ashington, February 2G, 1892. 1 AM requested by Mr. Blaine to inform your Lordship that ho has reci-ived the following Report from the United States' Consul at Victoria : — " Foi ty-six sealiiiLT vessels .^leurcd to date. Six or seven more to go. At the same date last year only thirty-one cleared," , ' . . [672] V 146 '.•"/'■ " " No, 22.5. iSi> J. Pauncefote to the Marquis of Salisbury, — (Received February 28.) (Telesrapliic.) Washington, February 27, 1892. J THE Convention will be signed on Monday, at 11 A.M. No. 226. Sir J. Pauncefote to the Marquis of Salisbury. — (Received March 1.) My Lord, Washington, February 18. 1892. I II.WE the honour to inclose herewith copies of a correspondence which has taken place between Mr. Blaine and myself on the subject of the Behring's Sea Joint Comniission. ^ our Lordship will remember that the British Commissioners were summoned to Washington at the request of Mr. Blaino, who, after having persistently refused to njrrco to the meeting of the Joint Commission until after the signature of the Arbitration Conventiim, informed me on the 13th J;' ary (as I had the honour to report to your Lordship by telegraph on the same d.iy) that he was now anxious that the Comniission should sit at once, and he proposed Washington as the most convenient place of meeting. Accordingly Sir George Baden-Powell, who was then in England, started by the first opportunity for New York, and, after visiting Ottawa, arrived in Washington with his Canadian colleague, Dr. Dawson, on the 31st ultimo. On the following day (AFonday. the 1st instant) I presented them formally to Mr. Blaine at the State Department as the Britisii Commissioners, and I understood from him that they would be placed immediately in communication with their American colleagues with a view to proceeding at once with the business of the Joint Comnii.ssion. It was not, however, until the jvening of Friday, the 5th, that I received a note from Mr. Blaine informing me of the formal appointment of the American Commissioners, and stating that as soon as he should have been " officially advised " by me of the appointment of Commissioners on the part of the British Government, the Ihiited States' Commissioners would be ready to confer with them " informally," but that until the Arbitration Convention should have been signed, the Commissioners wotdd not be expected to agree upon or formuhite any Report. This communication, which I received with surprise under the circumstances above mentioned, led to the correspondence which I have the honour to inclose, from which your Lordship will perceive that Mr. Blaine ultimately agreed that the Commission shoidd proceed formally to business. But the first meeting of the Commission did not take place until the 15th instant, and a whole fortnight was lost by delays, for which it appears to me that the United States' Government are alone responsible. I beg to draw your Lord.ship's particidar attention to Mr. Blaine's remarks in his letter of the 6th February on the selection of Commissioners made by Her M.ijesty's Government, ond I trust that the answer which I returned to that letter will meet with your Lordship's approval. T have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure 1 in No. 226. . " Mr. Blaine to Sir J. Pauncefote. Sir, Department of State, Washington, February 4, 1892. I HAVE the honour to inform you that the President has this day appointed and commissioned Thomas Corwin Mcndenhall and Clinton Hart Merriani to act as Com- missioners on the part of the Government of the United States in accordance with the Agreement which I .signed with you on the 18th December, 1891, to investigate and report, conjointly with Commissioners to be appointed by the British Government, upon the facts having relation to the preservation of seal life in Behring's Sea, and the measures necessary for its protection and preservation, with a view to the submission of their conclusions to the Board of Arbitrators, whoso conatitutiou has already been agreed upon by us. Until the Convention for Arbitration shall have been signed the Commissioners will not be expected to agree upon or formulate any Reports, but after I shall be officially adviaeri by you of the appointment of Commissioucrs on the part of the British Govern- 147 ment, the Commissioners on the part of tlic United Slates will hold themselves readv to confer informally with their British colleaf^ues at such time as may suit their con- venience. I have, &c. (Signed) JAMES G. BLAINE. IncloBure 2 in No. 226. Sir J. Pauncefote to Mr. Blaine. Sir, Washington, February 6, 1892. I HAVE the honour to acknowledge the receipt of your note dated the 4th February (but only delivered yesterday cveninc;), in which you inform nic that the President has appointed Mr. Mendenhall and Mr. Merriam Commissioners, on the part of the Government of the United States, on the .Joint Commission therein referred to. Sir George Baden-Powell and Professor Dawson, whom I iiad the honour to present to you on the 1st instant, have been duly appointed Commissioners on the part of Her Majesty's Government, and, as I have already stated to you verbally, they are furnished with tlieir credentials in due form. On the 13th ultimo, at your request, 1 communicated to the Marquis of Salisbury, by telegraph, your desire that the British Commissinners should proceed at onco to Wasliington. Accordingly, Sir G. Baden- Powell left England for that i)urpose by the first steamer, and arrived here with Dr. Dawson on the 1st of the mnntii. Thiy have bLcn awaiting ever since to be placed in communication with the United States' Com. missioners, and I trust that arrangements will be made for the meeting of the Commission on Monday next for t'.io purpose indicated in the last paragraph of your note under reply, although the British Commissioners came prepared, not for an informal conference, but to proceed officially to business. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure 3 in No. 226, Mr. Blaine to Sir J, Pauncefote. Sir, Department of State, Washington, February 6, 1892. I AM in receipt of your note of this date, in which you give me the official notifica- tion of the appointment of Sir G. Baden-Powell and Professor Dawson as Commissioners on the part of the British Government on the .Joint Commission created in view of the projjoscd fur-seal Arbitration. In acknowledging your note, I deem it important to direct your attention to the fact that the Government of the United States, in nominating the Commissioners on its part, selected gentlemen who were especially fitted by their scientific attainments, and who were in no wise disqualified for an impartial investigation and determination of the questioi's to be submitted to them by a public declaration of opinion previous or subsequent to their selection. It is to i)0 regretted that a similar course does not seem to have been adopted by the British Government. It appears, from a document which you transmitted to me under date of the 9th March, 1890 (Inclosure 4), that one of the gentlemen selected by your Government to act as a Commissioner on its part has fully committed himself in advance on all the questions which are to [be ?J submitted to him for investigation and decision. I am further informed that the other gentleman named in your note had, previous to his selection, made public his views on the subject ; and that verj- recently he has announced, in an address to his Parliamentary constituents, that the result of the investigation of this Commission and of the proposed Vrbitration would be in favour of '.lis Government. I trust, however, that these circumstances will not impair the candid and impartial investigation and determination which was the object had in view in the creation of the Commission, and that the result of its labours may greatly promote an equitable and mutually satisfactory adjustment of the questions at issue. The Commissioners on the part of the United Slates have been instructed to put themselves in communication with the British Commissioners, to tender them an apart- [572] U 2 ■ I r 148 ment at the Department of State for tlic joint conference, and, if it shall suit their conveiiienci", to afjrce with them upon an hour for their first conference on Alonday next, the i)tli instant. It is proper to add that, «lion I indicated to you on the 13tli ultimo tiiat theBiitigh Commissioner then in London niiji^ht come at once to Washington, T supposed that we shouhl hcfore this date have signed the Arhitration Convention, and tlius have cnai)led the Commissioners to proceed olliciaily to a discharge of their duties. Hut as it became nccessaiv to await the approval of tiie ilrnft of tiiat instrument, wliicli you have forwarded to London, I have interposed no olijection to preliminary conferences of the Cunimis- sioner.s, anticipating the signaiure of tlie Convention williin a very brief period. 1 have, &c. .■' ..,,•.• (Signed) JAMES G. BLAINE. Inciosure 4 in No. 22G. iS'ir J. Pauncefole to Mr. Blaine. Sir, Washington, February 8, 1892. I HAVE the honour to acknowledge the receipt of your note of the Gtii instant, in which you observe upon the selection made by our respective Governments of the members of the Joint Commission which is about to sit at Washington for the purpose of investigating and reporting upon the facts b'vving relation to seal life in Behring's Sea with a view to the proposed Arbitration. The second paragraph of your note contains the following passage : — "I deem it important to direct your attention to the fact that the Government of the United States, in nominating the Commissioners on its part, selected gentlemen who were especially fitted by their scientific attainments, and who were 'n no wise disqualified for an impartial investigation and determination of the questions to be submitted to them by a public declaration of opinion previous or subsequent to their selectiim. It is to be regretted that a similar course does not seem to have been adopted by the British Government." While I have much pleasure in congratulating your Government on having secured on their side the services of two such distinguisi ed gentlemen as Professor iMendenhall and Dr. Merriam, I must express my surprise and regret that you should have thought fit to refer in terms of disparagement to the choice made by Iler Majesty's Govern- ment. The British Commissioners, Sir G. Baden-Powell and Dr. Dawson, are gentlemen whose scientific attainments and special qualifications for the duties intrusted to them are too well known to require any vindication on my part. But you complain of the fact that Dr. Dawson in 1890 wrote a ])aper on the protection of the fur-seal in the North Pacific, in which he committed himself to certain views. This shows that he has made the subject his special study, and it appears to me that he is all the more qualified on that account to take i)art in the labours of the Joint Commission, which, I beg leave to point out, is not a Board oi Arbitration, but one of Invesiigation. Dr. Dawson's note on the fur-seal, to which you refer, was merely based upon such published material as was at the time available, and 1 have his authority for stating that he does not feel himself in any way bound to the opinions expressed from the study of that material, in the light of subsequent personal investigation on the ground. You likewise complain that Sir George Baden-Powell had, previously to his selection as Commissioner, made public his views on the subject, and also that he is reported to have stated in an address to his Parliamentary constituents that the result of the investigation of the Joint Commission and of the proposed Arbitration would be in favour of bis Government. Sir G. Baden-Powell is particularly qualified to take part in the inquiry by reason of his personal investigation into the industrial part of the question which he pursued in ISS? and 1889 in San Francisco and British Columbia. From tlie first he has advocated in all his public statements a full iiuiuiry into the facts of seal life in Behring's Sea before any final agreement should be arrived at, in order that tlic views of all parties should he tested as to the best method of protecting seal life. There is no just ground, therefore, for charging him with partiality. As regards the language imputed to him on the occasion of an address which be recently delivered to his constituents in England on the labonr question., it appears that some introductory remarks, in which he referred to the Behring's Sea question, were inaccurately reported. What he did state was that, thanks to the arrangement arrived at between the two 149 Govornments, the Behring's Sea difficulty would now be settled in the true interests of all concerned, and not oi' any one side or the other. I may inentii)n that the ()))iniuns of Professor Alendenhall and Dr. Merriam on the fiir-seal question were ))ul)lishc(l in several journals in this country shortly alter their return I'roui IJehrinjj's Sea, and were stated (I know not with what accuracy) to be opposed to the views which have been urged on tlie side of Her .Majesty's Govern- ment. 15ut I do not sufjjjest that the United States' Commissioners on that account are disqualiried from lakiiii? part in the labours of the Joint dininiission ; I claim that all the Coininissioners, British and American, arc c(iually entitled to the confidence of both Governments as men of science, honour, and impartiality. The course which has been adopted for ascertaininif what measures may be necessary for the protection of the fur-seal species i'» substantially the! same as that wiiich r had the honour to propo.se to you, on behalf of Her Majesty's Government, nearly two years ago in the form of a draft Convention, inclosed in my note of the 29th April, 1S<(0. I rejoice that the proposal I then made is now to be carried out, and I cordially unite in the hope, expressed in your note under reply, that the result of the labours of the .loint Commission will promote an equitable and mutually satisfactory adjustment oi the questions at issue. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure H in No. 226. Mr. Blaine to Sir J. Pauncefote. Sir, Department of State, Washington, February 9, 1892. I HAVE been informed by the American Seal CommisMoners that, in an informal meeting with their British colleagues yesterday, the latter expressed an unwillingness to enter upon conferences of any other than an official character, and they therefore proposed that their joint conferences be postponed until after the Arbitration Convention shall have been signed. I beg to state to you that the Government of the United States is very anxious to e.Kpeditc as much as possible tiie consideration of the important questions submitted to the Commissioners ; and in view of the fact that it regards the Arbitration Convention OS substantially agreed upon, the American Commissioners have been instructed to make known to the British Commissioners their readiness to formally arrange the joint conference and proceed without further delay to the discharge of the duties assigned to them. I have, &c. (Signed) JAMES G. BLAINE. Inclosure 6 in No. 220. Sir J. Pauncefote to Mr. Blaine, Sir, Washington. February 11, 1892. I HAD the honour to receive yesterday your note of the 9th instant, in which you state that you have been infonned by tiie .\merican Seal Commissioners tiiat, in an informal meeting with their British colleagues on the 8th instant, the latter expressed an unwillingness to enter upon conferences of any other than an official character, and they therefore proposed that their joint conferences be postponed until after the Arbitra- tion Convention has been signed. The British Commissioners, to whom I communicated your note, have informed me that, at the prcUminnry conference ef the Commissioners on the 8th instant, they discussed with their colleagues what work of a preparatory character could be got through at once. The meeting was informal, according to the conditions laid down in the hist paragraph of your note to me on the 'Ith instant ; and it was arranged by the Commissioners to hold a second preliminary conference this d.ay at the State Depnrt- ment, at 3 o'clock, at which they could discuss certain matters which they had undertaken to consider ia the interval, and to do other preparatory work. In consequence of your note oi the 0th inntant, the British Commissionera hope, at tlio cnnfcrcnec to-day, to nrrangc with their colleagues that the joint conference HJiall proceed to business foromlly. I have, &c. (Signed) JULIAN PAUNCEFOTE. No. 227. Sir .7. Pauncefotr to the Marquis of Salisbury. — {Received March 1 .) My Lord. fVashinrjton, February 18, lSf)2. WITH reference to my p-occdinjj despatch of to-day. rclatinj,' to tlio Bchring's Sell Joint Commission, I have the honour to inclose copies of an inforninl note wliicli I received from 5Ir. Bhiine on the 12th instant respecting the refusal of the British Commissioners to deal with the question of a modus vivendi, and of the reply which I returned thereto. Also a copy of a letter addressed to me on the IStli instant hy the British Commissioners, inquiring whether the Commission is authorized to consider and report on measures of seal preservation within the territorial jurisdiction of either Power. I took the opportuity of a visit to the State Dep.iitmcnt on Monday, the 15th instant, to sliow the last-mentioned letter to Mr. Blaine, who, after reading it, expressed his surprise that, looking at the wide terms of the Joint Commission Agreement, the (iommissioncrs should entertain any doubt as to the scope of tlieir powers ; and he suggested that they should all be invited to meet him and me at the State Deiiartment the following morning to explain their dilliculty. The meeting accordingly took place, but ill! discussion was rendered unnecessary by the announcement that the American Commissi(mers had, .since the date of the letter, arrived at the conclusion that they were free to consider all meo-surcs, cen though they might relate to matters within national jurisdiction. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure 1 in No. 227. Mr. Blaine to Sir J. Pauncefote. My dear Sir Julian, 17, Madison Place, TTashington, Fcbiuary 12, 1892. THK motive you have always urged upon me for assembling the Commissioners on Seal Ki.sheries at an early date was th.nt they could provide a modus vivendi that would be sufficient, wnile the Arbitration should go on with plenty of time to consider the various points. I w.ns surprised to hear that your Commissioners yesterday declined to discuss the modus tioendi, on the allegation that that wius a subject reserved for you and me. This puts an entirely new phase upon the work of the Commission, and largely diminislies its vjilue. Will you have the goodness to advise me of the precise scope of the work which you have assigned to your Commissioners P Very truly, &c. (Signed) JAMES G. BLAINE. Inclosure 2 in No. 227. Sir J. Pauncefote to Mr. Blaine. Dear Mr. Blaine, Washington, February 13, 1892. IN reply to your letter of yesterday, I beg to state that, in my opinion, the British Commissioners are right in holding that they have no power under their present mandate to discuss the question of a modus vivendi for the next fishery season. Their authority is limited by the terms of the Joint Commission Agreement, the text of which we signed on the 18th December last. That authority is confined to reporting their views on what Fishery ' arbitration. 1 one for the t reason for th( our Governnic contended thai autliority fron' proposal you i should a;;rec t( Sir, WE have Commission hi lapsed, and th their (!ommisa We are i discussing ma presume, be id We agree of State inter authorixcd to ( vation in gem jurisdiction of Sit (Telegraphic.) bi:hri]S this morning, take place in ' (Telegraphic.) IN reply the Behring's London than by the Senate ISl whnt Fishery Regulations of a permanent character niny he necessary with a vioiv to orbitrntion. The question of a modus vivendi peniiinjf the result of the Arbitration is one for the two Oovcrnnicnts to discuss. I Imve certainly uriicd, as an additional reason for the early mcctinj; of the Joint Commission, tiiat its Ifcports would furnish our Governments with valuable materials for such discussion ; but it can hardly be contended that the Commissioners can properly deal with such a cpiestion without s]i(.'cial authority from their respective (Jovernments. I communicated to Lord Salisbury the proposal you made to mo at our interview of the 2nd instant, tliat our two Govcruuicnts should agtco to a modus vivendi, and I am awaitinjj his Lordship's reply. Very truly, &c. (Signed) JULL\N PAUNCEFOTK. Inclosurc 3 in No. 227. The Behring's Sea Commissioners to Sir J. Pauncefote. Sir, Arlinijlon Hotel, Washington, February 13, 1892. WE have the honour to inform you that our C()lleaa;ues on the Behiins's Sea .loint Commission have to-day explained to us that their (iriginal letter of instructions has now lapsed, and that they have no further instructions than those contained in the text of their Commission. We are now holding daily conferences, and are anxious not to waste time by discussing matters outside the scope of our mutual instructions, which should, wc presume, be identical. We agreed with our colleagues to ask whether you would obtain from the Secretary of State iiilormation as to wlielher the United States' Commissioners are, like ourselves, authorised to consider, and, .if they see fit, to report in favour of, measures of seal |)resor- vation in general, or whether they are rcstricied to measures outside the territorial jurisdiction of either Power. Wc have &c. (Signed) ' GKORGE BADEN-POWELL. GEORGE M. DAWSON. No. 228. Sir J. Pauncefote to the Marquis of Salisbury. — {Received March 1.) (Telegraphic.) Washington, February 29, 1 Mt2. BKH RING'S SEA. The Arbitration Convention was signed by Mr. Blaine and inyscll this morning. Is it desired by your Lordship that the exchange of ratifications should take place in Washington or in London ? No. 229. The Marquis of Salisbury to Sir J. Pauncefote. (Telegraphic.) Foreign Office, March 1, 18'J2. IN reply to your telegram of the 29th ultimo, the exchange of ratifications of the Behring's Sea Convention could be carried out more expeditiously if made in London than at Washington. You should telegraph when the Convention is approved by the Senate. US • ■■ . No. 230. TA*- Marquis of lialisbury to Sir J. Paunce/ote, ' ' ' Sir, Foreiyn Office, March X 1892. 1 HAVK received your (irspntcli of tlie IRtli ultimo, ineiosiii!; copies ol corre- siiondcncc ^itii Mr. Hlaine in regard to tiie meeting of the .Joint Coininissioncrs appointed under the Agreement of tlie I81I1 Deccinlier la-t to report on tiie facts having rila li( no th'! preservation of seal lite in Beiirinp's Sea. Your ])roeee(lings, us reported in tliai despatch, and tlie terms of your note to Mr. Blaine of the 8th February, arc approved by Her .Majesty's Government. I am, &c. (Signed) SALISBURY. No. 231. Sir J. Pauncefole to the Marquis of Salisbury. — {Received March 5.) My Lord, Washington, Februartj 1',\, 1S92. I H AYE the honour to report that on the I5tli instant the President issued the usual Behring's Sea Proclamation in the same terms as heretofore. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure in No. 231. By the President of tue United States op America. A Proclamation, THE foiiowiiig ; rovisions of the Laws of the United States arc hereby published for the information of I'li concerned : — Seetior 1 •';.' f , Revised Statutes, Chapter 3, Title 23, enacts that : " No person shall kill any otter, ir.iiil., marten, sable, or fur-s^eal, or other fur-bearing animal within the limits of Alaska Territory, or in the waters thereof; and every person suilty thereof siiall, for each ofTencc, be fined not less than 200 nor more than 1,000 dollars, or imprisoned not more than si\ months, or bolh ; and all vessels, their tackle, apparel, furniture, and cargo, found angaged in violation of this section shall be forfeited ; but the Secretary of the Treasury shall have power to authorize the killing of any sueii mink, marten, sable, or other fur- bearing animal, excej)! fur-seals, under such regulations as he may prescribe; and it shall be the duty of the Secretary to prevent the killing of any fur-seal, and to provide for the execution of the provisions of this section until it is otherwise provided by law; nor shall he grant any special privileges under this section." Section 3 of the Act entitled "An Act to provide for the Protection of the Salmon Fisheries of Alaska," approved Mareii 2, 1889, provides that: — " Section 3. That section 19.^0 of the Revised Statutes of the United States is hereby declared to include and npfily to all the dominion of the Uniicd States in the wiiters of Behring's Sea ; and it shall be the duty of the President, at a timely season in each year, to issue his Proclamation and cause the same to be published for one month in at least one newspaper, if any such there be, published at eacli United States' port of entry on the Pacific coast, warning all persons against entering said waters for the purpose of violating the provisions of said section ; and he shall also cause one or more vessels of the United States to diligently cruize said waters and arrest all persons, and seize all vessels found to be, or to have been, engaged ia any violation of the laws of the United States therein." Now, therefore, I, Benjamin Harrison, President of the United States, pursuant to the above recited Statutes, hereby warn all persons against entering the waters of Behring's Sea within the dominion ol the United States for the purpose of violating the provisions of taid section 1 956, Revised Statutes ; and 1 hereby proclaim that all persons found to be, or to have been, engaged in will be arrested and piinll tafkle, a|)pari'l, liniiitiire In testimony wliii('( States to be ntlixcd. Done at the city of pendence of the United S By the Presii (Signed) Sir G. Raden-I (Telegraphic.) WE have to-day, 4t Unless instructed to Sir J. Paunce^ My Lord, Wnil reference to of the notes exehanged b therein referred to. Sir, ON the occasion o draft of the Behring's S( consideration of Her M:i agree to a modus vivendi the draft of the Arbitratii him of your inquiry, and Her Majesty's Governm what modus vivendi you Sir, I AM in receipt of bury cannot express any we desire to propose. 1 am glad to hear tl is impossible to conclude hardly be able to enter u Britain than on the part In reply to your inq same as last year in tern [672] TT 1/53 to have been, ongagcd in nny violntinn of tlic I. us nf tlic Unitpd Slates in said waters will be arrested and pnnislied as aliinc piovidcil, o'ld tliiit all vessels so employed, tiieir ta''l, wdl lie .sci/cil ai"' I'lirreilcd. In ti'stiinony wlicreoi' I have lieieuiito set iriy liaiid and eaiised tiie seal of the United States to he nliixed. Done at tlie city of \Vnsiiint;lon thi-i !"iili day ol' {'"ehruary, W.)'2, and ot tin' Inde- pendence of the United States tiie 1 Itith. (Signed) m':NJ. IIAHIIISON. By tlic President : (Signed) Ja:mi-,s G. ni,AINM:, Srcrrlnrii of !red \r uu- on behalf of Mr. Blaine (who is unwell) a note »u the subject of tlu; renewal of the modus Kivciidi, with a request from the President that I should telegraph it to your Lordship. I accordingly send a full summary ; — [Ei'.r text of the Note sec luelosure 1 in Sir J. Paunccfotc's despatch of March 10: infra. No. 243.] No. 235. The Marquis of Salisbury to Sir J. Pauncefote, (Tele!»raphic.) Foreign OJ/icr, March 9, 1892, 6-30 p.m. 1 SIIOULD wish you to repeat to Lord Stanley your telegram of yesterday, about Behrmff's Sea. No. 23(5. Sir J. Pauncefote to the Marquis of Saiisbury, — (Received March 9, lOv' f.) (Telc'jraphic.') Washington, March 9, IS99, BEIIRING'S SEA Convention sent to Senate yesterday, and referred to Committee on Foreifirn Affairs. No. 237. Sir J. Pauncefote to the Maujuis of Salisbury, — (Received March 10.) My Lord, yVashingtnn, March ], 189; . A\ ri'll reference to the (|Ucstion of the lenewal of the modus vivindi in Bebring's Seo, I have the honour to inclose eG])y of the note which, upon receipt of your Lordship's telegram of the 27tli ultimo, 1 addressed to Mr. Illiiine on the subject, I have, &e. (Signed) JULIAN PAUNCEFOTE, Sir, IMMEDl renewal of tin expressed, I tc In that n the time origii Britain than o of the Preside terms ; that o that " if Her I the North Pac After poi an Arbitration forward, wouh one party slioi 1 have til the following ( In the ti delays have hi States. As regarc senled to that be daniier to t the slauL'hter ( inent have ree( consecutive si Joint Commis is eonecrned, t sequence of tl Nevertbo for tills seasoi i.l-an 30 nau; ^he restrictioi niaxinnnn of Lur.t Sal tc an Arbitrat parties, obscr\ that the case Arbitration be reproducet Sir ( (Telegiai)hic. WITH season's limit renewal of I As the Government seals taken tli The alt( catch subject 20.000 (ill B islands, ineiv: heinir also in I 572 ) 166 Inclosure in No. 2 7. Sir J. PauHceJ'ote tn Mr. Blaine, Sir, Washington, February 29, 1892. IMMEDIATELY upon the receipt of your note of tl;e 24tli instant, respecting a renewal of the modus vivendi in Heliring's Sea, and in accordance with tlie wish therein expressed, I tclcgra]ihed its contents to tiie Miinjuis of Salisbury. In that note, after observing that it is impossible to coneiado the iVrbitration within the time originally set, and thr.t the delays have been much greater on the part of (jreat i3ritain than on the part of the United States, you proceed to inform me that in the view of the President the new modus vivendi should be mucii the same as that of last year in terms ; that owing to tlie earlier date this year it could be more effectively executed ; but that "if Her Majesty's Government would make their efforts most effective, the sealing in the North Pacific Ocean should be forbidden." After pointing out " the great need of an effective modus," you state that " holding an Arbitration in regard to the riglilful iriode of taking seals while tiieir destruction goes forward, would be as if, while an Aibitration to the title to timber-land were in progress, one party should remove all the trees." I have the honour to inform you that I have received a ro[)ly fron Lord Salisbury to tiie following effect: — In the first place, his Lordship states that lie Ciuiuot in any decree admit that the delays have been greater on the part of tJreat IJritain than on the part of the United States. As regards the necessity tor another modus rirendi, Her Majesty's Government con- sented to that measure last year solely on the .ground that it was su])p()scd that there would be (ian'.;er to tiie preservation of the seal species in ]5ehring's Sea unless some interval in the slaughter of seals were prescribed both at sea and on lantl. But Her Majesty's Govern- ment have received no information to show tiiat so drastic a remedy is necessary for two consecutive seasons. On the contrary, the Uritish Commissioners on the Behring's Sea Joint Commission have infornuHl Her Majesty's Government that, so far as pelagic scaling is conecrned, there is no danger of any serious diminution of the fur-seal species as a con- sequence of this years hunting. Nevertbel; ss, Lord Salisbury would not objeet, as a tcnijiorary measure of precaution for this season, to tiie proliibiiiuii of all killing at sea within a zone extending to not more i.l-an 30 nau'.ieal miles aiouiul tiie I'lyliiiolf Islands, such jirohibition being conditional on the restriction of the number of seals to be killed for any purpose on the islands to a maximum of .'jO,flOO. Lor.l Salisbury, referring to the passage in your note in which you compare the case tc an Arbitration about tiinber-land from which the trees are being removed by one of the parties, observes that he hardly thinks the simile (juite apposite. His Lordshij) suggests that the case is more like one of Arbitration respecting the title to a meadow. While the Arbitration is in progress, he adds, we cut the grass, 00 instead of .'^0,000 are taken on the islands, increased numbers nl seals in future seasons, and enhanced prices for this spring, being also insured by sucli restrictions. 167-') \ 2 156 No. 239. Sir J. Pauncefole to the Marquis of Salisbury. — {Received March 14.) My Lord, Washimjlon, March 4, 1892. I HAVE tlie lioiiour to iTieloso horcwith tlie Beliriii^'s Sc.-i Arljitratioii Conven- tion, wliieli was sit^ncd by Mr. Hlainu and inys(>ir on tlio 2'.)tli February. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inelosurc in No. 239. Treaty hctiieen Her Majes;ty and the United Stales of Aiurnc. /■ the Seal Fisheries in Behritu/s Sea. Signed at Washi ?■, ■''itration cjncerning ; ury'2iinnnic Majesty and the Government of the United States concerning the jurisdiciu d rights of the United States in the waters of Behring's Sea, and concc-'Miig .'so ' iiu preservation of the fur-seal in or habiliially reporting to the said s(?a, and tlio i'ii;ii s of tlie citizens and subjirts of either eouiitry as resjards the faking of fur-seal in or haliitually resorting to llie .said waters, sh;ill bi; Mibmilted to a Tribunal of Arbitration, to be composed of seven Arbitrators, who shall lie apiiointed in the following manner, that is to say: two shall lie named by Her Britannic Majesty; two sliail be named liy the I'resident of the Unileil Slutes ; his E.xei^Ueney the President of tlic i'reneli I'ejiublic shall be jointly re(piested by the High Contracting Parties to name one; ills Majesty the King of Ualy shall hi! so reipiested to nanu! one; and Uis ilajesty the King of Sweden and Norway shall be so re(|iiested t.' aame one. The seven Arbitrator.s to be so named shall .le jurists of distinguished ■ : Jation in their respective eoiintries. In (ase of the dfath, absence, or ineajiaeity to serve of any or rii'. ,■ of ilie said Arbitrators, or in the event of any or eillici'of Ce said .Arbifratois oniU,i.,w; oi'd( I'lining or eeasiiig to act as such, Her Britainiie Majesiy, 'ir the I'ri'sidint of IIk Inited States, or his E.xcelle'icy the President of I'reiudi 'U piiblie, or Hi.-'. Alajesty the King of Italy, or His Majesty the King ol .-^.tedeii and >.'orway, as the case may be, shall name, or shall be requested to nan .• iivtiiwith, r r,ther person to act as Arbitrator in the ])laee and stead of the ArbiMiior origii.Mly /.imed by such liead of a State. And in tli(> event of therefnsi.' or oriission f ir two months after receipt of the joint request from the High Contracting Parties nf his Excellency the President of the rrench Ilepiiblie, or Jlis ^Majesty ihe King of Italy, or His Majesty the King of Sweden and Norway, to name an Arbiliator, either to fill the original appointment or to fill a vacancy as aboM' provided, Ihcii in suili ease the a]ipoiiitinent shall bo made or the vacancy shall be tilled in such manner as the High Contracting Parties sliall agree. The Arbi counter-cases examine and i provided on 1 States respee decision, shall Each of Tribunal as i arbitration. The prini oflieial corrcs duplicate to ( may be afttr e.\eeeding tin Treaty. Within t party may, in the Agent of and evidence presented by 1 If, bowel to be |H'esent receipt by its it requires ac spondence, an days bevond t If "ill 1h( alluded to an; copy, such ]); furnish that through the addiici.'d as e dilivery of tli may be, and It shall expiration of deliver in dii party a prin which his Gi Arbitrators 1 further eliieii argiinient, or shall be cut it In d(>ei< following fiv embraee a di,- 1. What what exclusix aud up to the FT" 157 ARTICLE II. The Arbitrators shall nioct at Paris within twenty days after tlie delivery of the counter-cases mentioned in Article IV, and shall ])ro('ee(l im])artially and carefully to e> amine and decide the (jucstions that have Ix'eii or siiall he laid hefore them as herein provided on the jjart of the Governments of Her Britannic ilajcsty and the United Stales rcsnectively. All (|iiestions consider; d hy the Tribunal, including the fhial decision, shall he determined hy a majority of all the Arhitrators. Each of the High Contracting Parties shall also name one person to attend the Trihunal as its Agent to represent it generally in all matters connected with the arbitration. , AllTICLE III. The printed case of each of nce, and evidence, such additional time so indicated, but not exce(>ding sixty days beyond the three months in this Article provided, shall be allowed. If in the ease submitted to the Arbitrators eitlier party shall have s])ocilied or alluded to any report or document in its own i-xehisive possession, without annexing a cojiy, such jiarty shall be l:(iund, if the other party tiiinks proper to ap]dy for it, to furnish that jiarty with :>. copy tlu'i'i-of; and either [inrly may call upon the other, through the Arhitrators, to pronuce the originals or certilieil coi)ies of any papers adduced as evideiu'c, giving in each instance notiv'i" thereof within thirty days after delivery of the ease; and the < riglnal (r cojiv so requrstcKl shall be delivered as soon as may be, and within a period not exceeding forty dayts aitci recei])t of notice. Mao^ AltTlt'Li: V. It shall he the duly of I lie Vgeiit of each Jiarly, within one mfintli after the expiration of the tinu; li'inled for the delivery of the cousilei-case on both sides, to deliver in duplicate to each of the said Arhitrators and to the AgiMit of the other party a printed argnnuMit shoving the jxiints and referring to the evidence upon which his (ioveriiment i-elies, and either parly may also support the same before the Arhitrators hy oral aigument of counsel; and the Arhilratoi's snay, if they desire further elucidation with regard to any point, iiuiuire a wrillen or jiiinted statement or argument, or oi'mI aiguinent hy counsel, ujion it; hut in such case the other 2)arty shall be entitled to reply cither orally or in writing, as the ca.sc may he. AKTICLE VI. In deciding the matters suhinilted to the Arbitrators, it is agreed thaf the foUowiuir live ])()iiits shall he suhniitted ti: them, in order that their award shall embrace a dislinct decision upon each of said live points, to \^ it ; — 1, "What exclusive jurisdietion in the sea now known as the liehring's Sea. and what exclusive rights in the seal lisheries therein, did Russia assert and exercise prior aud up to tlie time of the cession of Alasku (o the United States r !■ 158 2. ITow far -woro these claims of jurisdiction as to the seal fisheries recognized aud conceded hy Great Mriiain ? 3, AVas the hndy of water now known as the Uehrin!:,''s Sea included in the ])hras(' •' I'a'iifie Ocean," as used in the Treaty of 1825 hetween (Jreat Britain aud Russia ; and what riu;hts, if any, in the IJeliring's Sea, were held and exclusively exercised hy Russia alter said Treaty r '1. Did not all the riin in that determination, tli(\ Report of a Joint Commission, to he a|)])oinled hy the respective Governments, shall he laid hefore them, with such other evidence as either Goveriunent may suhmit. 'Jhe High Contracting Parties Inrtliermore agree to co-operate in securing the adhesion of other Powers to such llegulatious. ARTICLE VIII. The High Contracting Parties having found themselves unahlc to agree upon a reference which shall inehuk! the (ineslion of tlie liahility of each for the injuries alleged to have heen sustained hy tlu; other, or hy its citizens, in eoinieetion with the claims presented ai'd lu-ged hy it; and, heiiii,' solicitous that this suhordiuate (piestion should luit interrupt or loiig(>r delay tlie sui)mission and determination of the maiii questions, do agree that either may suhmit to th(> Arhitrators any (|uestion of fa(!t involved in said claims and a.sk for a iinding tiieri'on, the question of tlie liahility of either Government upon the facts found to he the suhject of further negotiation. ARTICLE IX. The High Contracting j'arties having agreed to a])poiiit two Commissioners on the part of each (Joverimient to make ihe joint investigation aiul Rc^port contemplated in th(! preceding Article VII, and to include the terms of tin- said Agreement in the present Convention, to the end that the joint aud several Reimrts and recommenda- tions of said Commissioners may he in due form suhmitted to the Arhitrators, shoidd the contingency therefor arise, the said Agreement is accordingly herein included as follows : — Each Government shall appoint two Commissioners to investigate, conjointly with the Commissioners of the other Ciovernment, all the facts having relation to seal life in Rehring's Sea, and the measures necessary for its ])ro|)er prohiction aud preservation. The four Commissioners shall, so far as they may he able to agnic, make a joint Re))ort to each of the two Governments, and tliey shall also rejiort, ei(h( r jointly or severally, to each Government on any points upon whi(;li they may he uiiahlf lo asrree, made public until tlu;y shall he submitted to the that the eontiugeucy of their being used by the These Reports shall not Arbitrators, or it shall Arhitrators cannot arise. ■ippcar ARTICLE X. Each Government shall pay tin; ex[)enses of its miMuhers of the Joint Commission ui the investigation referred to in the preceding Artich-. The decif from the close It shall 1 who may assei Th(! deeis Agent of Grci the Agent of t Each Gov tion of the cr the expense ot connected wit moieties. The Arl) appoint and e The Higl of the Tril»n questions refc The pres President of ' Senate thereo London withi In faith and have here Done in (Telegraphic. I SlIOl rec(!ived from (Tele2;raphic. iii;k " consulted thf renewal of i 8th instant. 1 of reference The inf( to helieve tin any necessity Reyond States consid claim to jur to he protect 169 ARTICLJ'] XL Tlic decision oi' tlio Tribunal slmll, if possible, 1)C made witbin three months from tbe (dose of (lie arf,nimeiit on both sides. It kIi.mU be made in vritinu; and dated, and shall be sii^ned by the Arbitrators who may assent to it. Till! decision sliall be in duplicate, one co])y whereof shall bo delivered to the Agent of (rreat Ih'itaiii for his Government, and the other copy shall ho delivered to the Agent of the United States for his Government. ARTICLE XII. Each Government shall pay its own .Vgent and jirovidc for the proper remunera- tion of the counsel employed by it and of the Arbitrators ap|)ointed by it, and for the expense of preparing and submitting its case to the 'i'lilmnal. All otlier expenses connected with the arhitrntion shall be defrayed by the two Governments in equal moieties. • ARTICLE XIII. Tlio Arbitrators sliall keep an accurate record of their proceedings, and may appoint and employ the necessary officers to assist them. ARTICLE XIV. The High Contracting Parties engage to consider the result of the proceedings of tli(! Trilmmal of .\rbitratioii, as a full, perfect, and final settlement of all the questions referred to the Arbitrators. ARTICLE XV. Th(> present Treaty shall he duly ratified by Tier Britannic Majesty and by the President of the United States of America, liy and with the advic(> and consent of the Senate thereof ; and the ratifications shall be exchanged either at Washington or at London within six months from the date hereof, or earlier if possible. In faith whereof, we, the respective Plenii)otentiaries, hav(> signed this Treaty, and have hereunto affixed our seals. Done in duj)licate, at "Washington, the 29th day of F(>bruary, 18i)2, (L.S.) JULIAN PAUNCEFOTE. (L.S.) -TAMES G. BLAINE. No. 210. The Marquis of Halishury to Sir J. Pauncefote. Washington, March 15, 1892 (Telegraphic.) I SHOULD wish you to repeat to the Governor-General the telegram I received from Sir G. Baden-Powell, dated the; '.)th March. have No. 241. The Marquis of Salishunj to Sir J. Pauncefote. (Telegraphic.) Forelijn Office, March 18. 1802. llEI{ Majesty's Governnient have had under their consideration, aiul have consulted the (jovernor-General of Canada in icgaril to, the ar,zunients in favour cf a renewal of the modus riremli oi hist year, contained in ]Mr. Wharton's note of the 8th in.stant. the substance of which is given iii your telegram of that day. The necessity of reference to Ottawa has caused a delay in retiirniiii; an ansi -. The information which has reached ilei' .Majesty's Governnient does not lead them to believe that, in order to pr(!\ent an undue ilimiimtion of the number of fur-seals, any necessity exists I'or the suspension of sealing lor another yi ar. Beyoiul this question, however. ] nnderstand that the Government of the United States consider that, should frei' sealing be permitted this year, and tlie United States' claim to jurisdiction in Behring's Sea be u])beld by the .Arbitrators, they have a right to be protected from the loss that they will liavc suffered by the scaUug operations, ir.0 ITcr Jliijcsfy's Oovornment do not dispiito that tlicvc will l)o some foundation for tills fiiiilciitioii w !i('u tin; Arbitral ion ALrrcfinciit lias been riitilicd. But tlicri- i.s this dcrcct in tlio prohibition of all scalint,' as a romody, that if tlip British contention shall he uphold liy the Arbitrators, there may bo i^rouiid tir)r complaint on the part of the Britisli sealers who will have he(!n excluded from BehriiiEf's Sea. rurther, no security exists that the Arbitrators will have given their decision before the; sealing seasoTi of 1893 arrives. As you are awai-e, there has been an arbitration pending for four yt s betiveon this country, the United States, and Portugal, which is not yet approaching ».onelasion. Serious damage would bo caused to the sealing industry by a suspension of hunting for a prolonged period. As a more equitable arrangement, might it not l)e agreed that sealing-vcssels shall be at liberty to hunt in Behring's Sea on condition that security is given by the owner of each vessel for satisfying the award of damages, if iiiy, which the Arbitrators may eventually pronounce ? No. 212, Lord Knut.iford to Lord Stanley of Preston. . • (Telegraphic.) Downing Street, March 18, 1892. 1' LEASE direct the proper port authority at all harbours on tlie Pacific coast to inform owners who are clearing oi- have cleared this year for Behring's Sea that Her Majesty's Government and tlie United States' (lovernment have agreed, 8ubj(;ct to the ratification of the Senate, to submit to arbitration tlie (luestion wlietlier seal(>rs iiavc a right, without permission of tin; United States, to seal in the eastern half of Behring's Si'a, east of the Ihissian line, and that it is ])ossii)le the sentence of the said Tribunal may b<' given within the present fishing season, Moreover, that both ller ^lajesty's Government and the United States' Government have made propositions for intermediate Eegulations restraining the catch of seals in (he said waters in ease the said Arbitration Agreement should be ratified. Neither the Arbitration Agreenumt nor any intermediate Agreement have yet l)een definitively ado])ted between the two Governments, and whether they are adojited, and at what date, is n(>cessarily a matter of uncertainty. But notice is hereby given to all sealers proposing to seal in the said waters that tiiey do so at their own risk, and after warning of tlie liability to inter- ruption to which they may be exposed in consequenci; of either of the said Agreements. ::o. 213. Sir J, Pauncefote to t'>e Marquis of Salisbury.* — {Received March 21.) My Lord, Wushington, March 10, 1892. WITH reference to my telegram of the 8tli instant, I have the honour to inform your Lordship that I called by recpiest at the State Department on 'i'uesday afternoon, where, owing to the illness of iMr. Blaine, I was received by Mr. Wharton, the Acting Secretary of State, who put into my hands a note, copy of which is inclosed herewith, containing the reply of the United States' Government to my notes of the 29th ultimo and 7th instant respectively, on the subject of tlie renewal of the modus Vivendi in Behring's Sea. Mr. Wharton informed me at the same time that he had been instructed by the President to request me to telegraph the whole of this note to your Lordsliip. 1 pointed out to Mr. Wharton tliat I could hardly telegraph verbatim a note of such great length, and he replied that he thouglit it would be sufficient to telegraph all tlio leading arguments contained in the note, wiiicli I promised I would do. I have, &c. (Signed) JULIAN PAUNCEFOTE. * Subitance tetrgraphed. Sir, I AM di; 29th February Her Majesty's seals in the I Government ar seal tishcrics tl The Unit Behring's Sea, take the seals controversy, it a Tribunal of I The judgment time to control the sealing sea nothing of in contention of i by the Canadii ment in its ju but affects the AVas it ev an individual, less the body ( Usually a Con income of iht Salisbury, reje like one of ar we cut the gri will the seals." He can h regarding the any standard i gains of a ha was afterwardi will have an the use of tin meadow is to United States not iloat ovci the seals not lost. This Go\ Great Britain of its jurisdi< The attempt failed, becati^ liability to ii should be sub attitude of th In my ii Governmont injuries done vessels flying invade the 15^ the subject requires that vessels, if th commission t master, or ev cncouragcnic his presence [572'' if! 161 Inclosure in No. 243. ActiiKj Secretary Wharlon to Sir J, Pauncefote. Sir, Department of Slate, Washington, March 8, 1892. I AM directed liy the President to ssiy, in respotise to your two notes of the 29th Fehninry iind Ttli Alarcli, that he notices witli the deei)est rejiret tlie indisposition ot Her Majesty's GoverniiKMit to ajjree upon an ell'eetive modus- for the jireservation of the seals in the IkdiriiiK s Sea pcndin'; the settlement of the respective rif^hts of that Government and of the Government of tlie United States in these waters and in the fur- seal fisheries therein. The United States claims an exclusive rijj;ht to take seals in a portion of the Behring's Sea, while Her Majesty's Government claims a coiimiou right to pursue and take the seals in those waters outside a -'i-mile limit. This .serious and protracted controversy, it has now been liajjpily agreed, shall he sulimitted to the determination of a Tribunal of Arbitration, and the Treaty only awaits the action of the American Senate. The judgment of the Arbitration Tribunal cannot, however, he reached and stated in time to control the conduct of the respective Governments and of their citizens during the sealing season of 1892; and the urgent question now is, What does good faith, to say nothing of international comity, re(iuire of the parties to the arbitration ? If the contention of tiiis Government is sustained by the Arl)itrators, then any killing of seals by the Canadian sealers during this season in these waters is an injury to this Govern- ment in its jurisdiction and property. The hijury is not measured by the skins taken, but affects the permanent value of our jirojierty. AVas it ever heard before that one jiarty to such a <;ontroversy, whether a nation or an individual, could ap))ropriate the whole or any ])art of the income and profits, much less the body of the contested jtroperty, pending the litigation, without accountability? Usually a Court of Chancery would place a receiver or trustee in charge, and hold the income of the property for the benefit of the prevailing party. You say that Lord Salisbury, rejecting the illustration used by Mr. Hlaine, "suggests that the case is more like one of arbitration respecting title to a meadow. While the arbitration is going on we cut the grass ; aiul ()uite rightly, for the grass will be reproduced next year, and so will the seals." He can hardly mean by this illustration that, being in contention with a neighbour regarding the title to a meadow, he could by any precedent in the Equity Courts or by any standard of common honesty be ju.stified in pocketing the whole or any part of the gains of a harvest without accountability to the adverse claimant whose exclusive title was afterwards established. It is no answer for the trespasser to say that the true owner will have an undiminished harvest next year. La.st year's harvest was his alsc If by the use of the plural pronoun his Lordship means that the harvest of the contested meadow is to be divided between the litigants, I beg to remind him that the title of the United States to the I'ribylofF Islands has not yet been contested, and that our flag does not float over any sealing-vessel. The illustration is inapt in the furtlier particular that the seals not taken this year mav be taken next, while the grass must be harvested or lost. This Government has already been advised in the course of this correspondence that Great Britain repudiates all obligations to indemnify the United States for any invasion of its jurisdiction, or any injury done to its sealing property by the Canadian .sealers. The attempt to make a damage clause one of the Articles of the Arbitration Agreement failed, because Her Majesty's Government would not consent that the question of its liability to indemnify the United States for the injuries done by the Canadian sealers should be submitted. Two extracts from the correspondence will sufficiently recall the attitude of the res])eclive Governments. In my note of the 2;5rd July I said ; ''The President believes that Iler Majesty's Government may justly be held responsible, under the attendant circumstances, for injuries done to the jurisdictional or property rights of the United States by the sealing- vessels flying the Briti>h Hag, at least since the date when the right of these vessels to invade the Behring's Si i and to ]iursue therein the business of pelagic sealing was made the subject of diplom.itic intervention by Lord Salisbury. In his oi)inion, justice requires that Her Majesty's Government should respond for tiie injuries done by those vessels, if their acts arc found to have been wrongful, as fully as if each had borne a commission from the Government to do the act complained of. The presence of the master, or even of a third person, under circumstances calculated and intended to give encouragement, creates a liability for trespass at the comnum law, and much more, if his presence is accompanied with declarations of right, protests against the defence L572T Y n li w^O- 162 which tlif owner is I'lideavourin^ to make, and a declared purpose to aid the trespassers if they are resisted. I'lie justice of this rule is so ajjparent that it is not seen how, in tiie less technical 'l''rii)una] of an international arhitration. it could be held to be inapplicable. "The United States iniu;ht well insist that Her Majesty's (JoveniniiMit should admit responsibility for the acts of the Canadian sealers, which it luis so directly encouraj^ed and promoted, precisely as in the proposal the United States admits responsibility for the acts of its revenue vessels. But, with a view to remove what .seems to be the last point of difference in a discu.ssion whicli has been very much [jrotracted. the President is willing to modify his proposal, and directs me to oiler the f()llo»in<;: — "The Government of (ireat Britain havinj^ presented the claims of its subjects for compensation for the seizure of their vessels by the United States in Behrinjjj's Sea ; and the Government of the United States havin;^ jjresentod, on its own behalf as well as of the lessees of the privilege of taking seals on the Paibyloif Islands, claims for compensa- tion by reason of the killinji^ of seals in the BelirinKS Sea by persons acting under the protection of the British flag, the Arbitrators shall consider and decide uijon such claims in accordance with justice and eciuity, and the respective rights of the High Contracting Powers, and it shall be comjietent for the Arhitriitors to award such compensation as, in their judgment, shall seem equitable." In your note of the 17th October you say : — " 1 regret to inform you that Her Majesty's Governmeiu, after the tulle.st con- sideration, have arrived at the conclusion that this new clause could not properly be assented to by them. In their ojtinion, it implies an admis.sion of a doctrine respecting the liabilities of Governments for the acts of their nationals or other ])ersons sailing under their flag on the high seas, for which there is no warrant in the law of nations. Thus it contains the following words : — "'The Government of the United States having presented on its own behalf, as well as of the lessees of the privilege of taking seals on the Pribylylf Islands, claims for compensation by reason of the killing of seals in Behring's Sea by persons acting under the protection of the British flag, the Arbitrators shall consider and decide upon such claim.' "These words involve the jn'oposition that Her Majesty's Government are liable to make good losses resulting from the wrongful action of persons sailing outside their jurisdiction under the British flag. Her Majesty's Government coidd not accept such a doctrine." The President cannot believe that, while holding this view of its accountability, the Government of Great Britain will, pending the arbitration, coimtcnance, much less justify or defend, the continuance of ])elagic sealing by its subjects. It should either assume responsibility for the acts of these sealers, or restrain them from a pursuit the lawfulness of which is to be determined by the arbitration. In your note of the 29th February you state that Her Majesty's Government has been ih/ormed by the British Commissioners "that, so far as pelagic scaling is concerned, there is no danger of serious diminution of the fur-seal species as a conseciuence of this year's hunting," and upon this groimd Lord Salisbury places his refusal to renew the vwdus of last year. His Lordshi]) seems to assume a determination of the arbitration against the United States and in favour of Great liritain, and that it is already only a ([uestion of so regulating a common right to take seals as to preserve the sj)ecies ; by what right does he do this ? U])on what ])rinciple does he assume that if our claims are established, any diminution of the seals, whether .serious or not, during this season, or indeed, i>ny taking of seals, is to be without recompense r In the ojiinion of the President, it is not consistent with good faith that either ])arty to an arbitration should, pending a decision, in any degree diminish the value of the subject ot arbitration (>r take any profit from the use of it without an agreement to account. Before an agreement for arbitration hud been reached, the prohibition of j)elagic sealing was a matter of comity ; from the moment of the signing of that Agreement it became, in his opinion, a matter of obligation. During the season of ISiil, notwithstanding the restrictions resulting from the modus adopted, the Canadian sealers took, in the J>ehring's Sea alone. l.'8,7();} .skins, or nearly four times as many as the restricted catch u])on our island. This Government is now advised that fifty-one vessels from British '' uimbia and si.xteen from Js'ova Scotia have sailed, or are about to sail, for the Behrin; :'ea to eiignge in taking seals. This large increase in the fleet engaged maUcf it certain, in the absence of an elVcctive restrictive agreement, that the destruction of seal life during this season by pelagic sealing will be unprecedented, and will, in the opinion of our Commissioners, so nearly destroy the ralue of the set be a worthy sul The propoi zone extending obviously inade tain it. In the method was tei Mr. Blaine, inadequate, ant furnished by y that if seal hun open ocean, wli many cases to tackle." This was i but it is quite i of fogs in thcs( Lordship again The Presi that the rcstric to be appropi controversy wa consent to renc demands, and i prohibited wat( cleared. This Gov( has been agrei not seek to av( to be unlawfu defence, by su claimed by it ] if awarded, shi (Telegraphicl U.VST n note eniliodyi th(! Behring's your liordshii Tlu> Prci e.xtreine grav vitendi will b( by much I'lir uicating with have linst('ne( vivciidi being measures be seals to the v arbifration pi larger percet ami (lisnpiioii suspension o the iindn." should eon (in of the Unite( President is agreed to h\ submil them of the other 57 [572] 163 value of the seal fisheries as to make what will rcmnin of so little value as scarcely to be a worthy subject for international arbitration. The proposition of Lonl Sal'shui v. to jiroliiliit the killing of seals at sea •' within a zone extenilini; to not more than ;!(» nautieal miles aroiiml the Prilivloli' Islands," is so obviously iiiaile(|Uate anil so ini|)ossiii|c ot' excculioii that this (iovernnient cannot enter- tain it. In the early part ol' the discussion of the suliject of a ninilux for last year this method was tentatively suijifested, amon^ others, in conviTsation between yourstdf and Mr. Blaine. But it was afterwards, in eil'eet, aiireed by l)otli (Joverunients to he inadequate, and was not nfjain referred to in the correspondence. In the Memorandum furnished hy you with y()ur note of the Otii .lime you say. • Lord Salisbury points out that if seal huntinj; be ])rohibited on one side of a jmrely imaginary line drawn in the open ocean, while it i.s permitted on the other siile of the line, it will be imjiossible in many cases to prove unlawt'ul .sealing, or to infer it from tin; possession of skins or fishing tackle." This was srid with reference to the water boundary of our purchase from Russia, but it is quite as applicable to the .'5()-mile zone wliich he now suirRcsts. The prevalence of fogs in these waters gives increased force and conclusiveness to the point made by his Lordship against an imaginary water-line. The President cannot agree, now that the terms of arbitration have been settled, that the restrictions imposed shall he less than those which both (Jovernmcnts deemed to be appropriate when it was still uncertain whether an early adjustment of the controversy was attainable. He therefore hopes that Her .Majesty's Government will consent to renew the arnMigement of la-t year with the i)romi)tiu'ss which the (exigency demands, and to agree to enforce it by refusing all clearances to s^.tiliner-vcssels for the prohibited waters, and by recalling from those waters all such ve-i-els as have already cleared. This Government will honourably abide the judgment of the High Tribunal which has been agreed upon, whether that jiidgmeiit be favourable or unfavmirable ; and will not seek to avoid a just responsibility for any of its acts which hy that judgment are found to be unlawful. But certainly the T'nited States cannot be e.vpected to suspend the defence, hy such means as are within its power, of th(> property and jurisdictional rights claimed hy it pending the arbitration, and to consent to receive theni from that Tribunal, if awarded, shorn of much of their value by the acts of irresjiousible persons. I ha\ V, &c. (Signed) AVll.LIAM F. WHARTON. No. 21.1. .Vi> J. Pauncefote tn the Mmquis nf Snli/0- l(il nssimu'd tliiit tin- oljjcct wliicli tlu" two (iovfniiiiciits liiul in view was tlic iiroinotion of {;o()(l-will ,'111(1 iii'acc liiit ; il'. wliilc iirMtratiou is pciiiHiit,', tlif siiliji'ct-mattcr is dealt with iiv citiicr of tiicm on tlii' liasi-^ of its own coritciitioM only, this purpose is not attained; on tlie contrary, anil even if it should he possilile under sueli ciirunistances to ])roceed with tlu> arhitnition, ti new sense of injiirv and injustice is added. if Her Jlajesty's Cioverniiient ])rocee(ls this season on the hasis of its contention as to the riu;hts of the Canadian sealers, no choice remains for the United Slates Init to proceed on the basis of their ow n conlident content ion, that pelaific sealing is an infraction of its jurisdiction and projirietary rights. This, in the opinion of the President, constitutes the !,'ravity of the situation, and lie is not willinf; to lie found responsilde for such results as may follow from im insistance on the part of either Government duriiuj; this huntiny: season on the extreme ritfhts claimed by it. The two s^rent Uovernments interested in the question would be discredited in the eyes of the world if the friendly adjustment of their dilliculties, which is so nearly concluded, were to lie thwarted, or even disturbed, on account of the paltry profits of a siiiijle season. But if your Lordship jiersists in refusiiii; to join the Government of the United States in stoppint; pchii^ic sealinj; promptly, and insists upon the maintenance of free sealiiii; for British subjects, tlie (|uestion no loiifjer is om' of pecuniary lo.-'s or ijain, hut ow. of honour and self-respect, so far as it alTects the Government of the United Stjites. '['111! I'nited States have proposed to take no profit from the island catch, notwith- staiidiiii,' that their rii,'lit to taki; seals on the isl.'iiids is neither disjiuted nor invoJviHl in the arbitration, and to enj,'ai;e that the lake slioiild be limiteil to the necessities of the natives. "Whether with or witiiout indemnity, they an; unable to consent that the riijlits of liritish subjects in Behrintc's Sei, which are contested, shall continue to be exercised while arbitration is pendini;. Tlie President finds it dilficult to believe that your Jiordslii|i is serious in ]iriiposini; that bonds ai,'ainst the injury which may be inflicted on the jurisdieticin or ]iro|ierty of the United States shall be taken by th(^ United States' Government from the owners of about lO') ("anadian vessels, and he must decline to discuss a sutfu;estion which only his respect for your Lordship, and his belief tlifit the ''ravitv of this diseiissicjii is fulh realized liv voiir Uordship, (>nal)lus him ♦:o treat seriously. In order to secure tlii' ]iroposed bonds, the United States wnuld have to pursue o\iiers iip(>n the sea, and as tlie condition is to be that "any damaijes which the Ai'l)itrators shall adjudt;(^" shall be jiaid by the owners, while no power to adjudi^o su";!) (lamai;es is f^iven to the Arbitrators by the Treaty, the transaction would be of no rahie to the United States, and without risk to the owners. Kut however adequate the security olfered, the U'nited States' Government cannot consent to have its rit^hts impfi.red, pendini; their determination by a Tribunal of Arbiti'ation. Tli(> reference in Mr. JMaine's last note to the inconsistency of Her .Majesty's (.iovernment in denying; responsibility for the acts of Canadi.an sealers was nrit meant to iinjily that tin? United States would be willing to consent to the conversion of their property into a (daim for damages, ]iarticularly as the Arbitrators cannot determine such a claim unless the Treaty be revised. Your Lor(lslii[) should bear in mind, whilst making your present proposal, that the fact of the Arbitrators not having jurisdi('tion as to damages is the result of concessions made by the l.iiited States' Govcu'iimi'iit to your views. The I'resident fails to sec how claims cm, by law or equity, Ik- brought by subjects of cither PoAver against their respective Governments, on account of restraints imposed with a view to the promotion of the public good or of international peace. There is full provision in the Treaty itself ai;ainst tli(; suggestion, that the conclusion of the arbitration will not be reached before t Ik; season of lS',);i. As to the Delagoa Bay Arbiti'ation, your Lordship is in error in thinking that it has been iiroceeding for four years. It dates from a period of less than oik; year ago. if the 'I'reaty is promptly ratified, mutual interests will hi" a sullicient guarantee against (l(>lay. The sole obstacle to such a consummation is the prevalent belii^f, that Great Britain's refusal i'l preserve the stiilus quo of the projierty, .'ind her insistance on contiinciiee of jielagie sealing during the arbitration, to the injury of the rights of the United States, largely defeats the object fo-. which the Treaty was made. The note ends with the following words : " The I'residint directs m(! to .say, in conclusion, that the modus vii'di:li of last year is the least that this tjoverninent can accept. In reason, tlie restraints after a Treaty of .Arbitration should be more absolute, not less, lie does not desire to protract the discussion, and having now, in the most friendly spirit, submitted the considerations which support the just demand of this Government, that the property which is now the subject of an agreed arbitration shall not iie siil Lord Salisbury vivniill. 'I'lie I'l to assert a rigli for the settlem been pointed oi to use every mi and jurisdictioi (Telegraphic.) IN reply 1 Notice ha both the Agret the United St; ment — may at notice of their The quest Inform I'l been ratified t governed by t ratified both y other, which li We think Ih'itisli sealer^ Slates. AVe a arrangement s Arbitrators sIk damages wliie during the pi dreat Britain, the jiendeney ' As an al' to prol'i lit se which jiroduc Arbitrators m: to receive tin slaughter on t Her Maj methods of rcj will he equita (Telegraphic. AVITII 1 I am not objected to t the i)arty ag.'i Government 1 a reference oi That in that Governi Government a wroiiL'ful lo That in United States Government wrongful loss incurred ther 16S shall not ho subject to spoliation pciidini,' the nrbitratioii, lie cxpn-ssos the hope that jjonl Salisbury will i,'ivi' a pronipt and iVicndly assent to the renewal of tlie modus vivrnili, 'i'lie {'resident will hear with reijret tliat ller .Majesty's ( ioverninent continues to assort a riiclit to deal with tliis subject precisely as if no provision had I n niado for the settlement of the dispute ; and in tb;it event, this (lovernnii-nt, as iias already been pointed out, will be corn|)(dled to deal wilii tin.' subject upon the same basis, and to use every nu'ans in its power to protect from destruction or serious injui'V projicrty and jurisdictional rights which it iias lont; (duinied and cnjoyi^d." |; No. 215. I'hc Mnr(iiits of Siiliahuri/ In Sir ./. Piiiiiiciitilc. (Telof^raphic.) Foreiijn Office, Mnrrh •21), 1S92. IN reply to your telegram of the 23rd instant. Notice has been f^iven to the owners of ships sailing for l{chring's Sea, that both the i\grccnients which ari' at present under discussion bet we i; (heat Jiritainand the United States — that as to Arbitration and that as to an intcrnu'diate arrnii^e- nient — may alfccl the liberty of sealing in Hehring's Sea. Tiiey have, therefore, notice of their liability to possible interruption, and will sail subject to that notice. The (picstion of time is not, therefore, urgent. Inform ['resident that \V(! i^oncur in thinking that when the Treaty shall have been ratilied tiiere will arise a new state of things. U til it is rititied our conduct is governed by the language fif your note of tiie 11th .hme, l^Di). Hut when it is ratified both parties must admit that contingent rights have b-eonie vcsti.'d in the other, which both desire to protect. We think that tin; prohibition of sealing, if it stands alone, will be unjust to Hritish scalers, if lh(! decision of the Arbitrators should be adverse to the United States. AVc ar<', however, willing, when the Treaty has been I'atilied. to aijrce to an arranijeinent similar to that of last year, if the United Slates will consent that the Arbitrators should, in the event of a decision adverse f) the United Stati's, assess tlu; damages wbiidi the |)roliibition of sealing shall have; inllicled on Uritish scalers during the pendency of the .Arbitration ; and, in the event of a decisioii adverse to iireat Britain, should assess tin; damages which the limitation of slauu^hter shall, during the pendency of the Arbitration, have inflicted on the United St'ites or its lessees. As an alternative course we arc also willing, after the ratiliealion of the Treaty, to prohibit sealing in the disputed wati-rs, if vessels be exce[)ted from tin; prohii)ition which ])ro(lueo certiticate that they have given security for sin'h damages as the Arbitrators may assess, in cast; of a decision adverse to Great Britain; the Arbitrators to receive the necessary authority in that behalf. In this case the restriction of slaughter on the islands will not, in pi)int of en ,_ be necessary. Her il.ajcsty's (iovernment are tmable ,. (■ any other than one of ihesc two methods of restricting scal-himting in the disputed waters during tin; Arbitration, whi(di will be equitable to both parties. No. 21G. The Marquis of Salisbury tn Sir ./. Paunrofole. (Telegraphic.) Forviijn OJ/ir», Mnrrh 20. 1802. WIT'II further reference to your telegram of the 2.'5rd instant. I am not pnipartnl to admit, as I gatlHU- that the President thinks, that we have objected to the Arbitrators having jurisdiction as to damages inllicted in the past by the party against wliom the award is given. I only objected to make Her Majesty's Govcmn'ient liable for acts which they have not committed. I am ready to consent' to a reference on this point in the following terms : That in case the .Vrbitrators .shall decide in f.avour of th(> JUiiisli (Jovcrnnieut, that Government may ask them, further, to decide whether the United States' Government have since ISS.j taken any action in J5ehring's Sea directly indicting a wrongful loss on Uritish subjects, and, if so, to ass(>ss the daninge incurred thereby Tliat in ea.se ttie Arbitrators shall decide in f.avour of the Government of 'the United States, that Government may ask them to decide, further, wlicther the Uritish (jovernment have since 188.') taken any action in Uehring's Sea directly inflicting a wrongful loss on the United States or its lessees, and, if so, to assess"^ the damage incurred thereby. IflO APPENDIX. Colonial Office to Foreiijn Office. — {lieceived March 2.) Sir, Downimj Street, March 2, 1892. WITH rofcroiici' to previous rorn'spoiKlcncf, I am dirrcti'tl l)y Lord Kniitsf'ord to transmit to yoii, to l>i' laid lidorc; the Maniiiis of Salishiiry, a copy ol a despatch from tlie Governor-Ciciicral of Canada, lorwardiuf;; (■o|)y ol' ;in Order in Council, to which are appended allidavils taken hel'ure the Collector of Customs at Victoria, British Columbia, with regard to certain points in connection with pelagic sealing. I am, &c. (Signed) JOUN BUAMSTON. Inclosurc 1. Lord Stanley of Preston to Lord K 'iford. My Lord, Gorenment Ho nwa, February 10, 1892. 1 HAVK the honour to transmit herewith, fo. ...■ Lordship's information, copy of an Order in Council, to which are appiMided .-iirKlavils taken lielore the Collector of Customs at Victoria, Hritish Coiumhia, witii regarii to certain [)oints in connection with peia-jic sealinjr. Copy of the Order in Council has liceii sent to Her Majesty's Minister at Washington for communication to the Behrins's ^ea Commissioners. 1 have, &c. (Signed) STANLEY OF PRESTON. The Comr advise that y( Secretary of S All of whi Sir, I MWKi 7th instant, rel M. Dawson, \^^ I l)('f^ to si transmit tlie li and I am cont to day. 1 trust the (jucstions so til the three (juest 1. The pr( 2. The pn 3. The abi Inclosure 2. Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-General in Council on the 9M February, 1892. ON a Report, c'ated the 1st February, 1892, from the Minister'of Marine and Fisheries, str.ting that, upon the receipt of a letter from the fk'hring's Sea Commis- sioners, Sir George Haden-Powell and Dr 'Jeorge M. Dawson, asking for additional documentary evidetice regarding certain points wiiich have been put forward among the main indictments of pelagic sealing, he communicated with the Collector of Customs at Victoria, with a view to eliciting information on the following points : — 1. The !>ropf>rtion of seals lost as comjiared with those hit in jielagic" sealing. 2. The proportion of females to males in the number killed in the dilferent fishing seasons. 3. The abstention of Canadians from all raiding on the seal islands. The appended aliidavits, taken before A. R. Alilne, Collector of Customs at Victoria, have been received from the following parties: — Cereno Jones Kclley, master of the sciiooncr " C. EL Tupper." Captain William Petit, master and part owner schooner " Mischief." Captain Wentworth Kvclyn Baker, master schooner " (.'. 11. Tupper," and formerly master of schooner "Viva." Clarence Nelson Cox, master of schooner " M H. Marvin." Captain Alfred Bissett, master of schooner " .\nnie K. Paint." Captain Theodore M. Magnesen, in command of schooner " Walter A. Karl." Henry Crocker, hunter on board schooner " Annie E. Paint." George Roberts, hunter on board schooner "Annie K. Paint." Richard Thomson, hunter on board schooner " Annie E. Paint.'' Andrew Laing, seal hunter. William Cox, master schooner "Sapphire." The Minister recommends that copies of these affidavits he transH'itted to the Behring's Sea Commissioners without delay. Depositions CEIIENO Tupper," of SI 1. Mr. Mi Kellev -—A. 2. Q. llav of other vessel .S. Q. Ila\ and ha\e follov Sea. 4. Q. Dur coast to Slinin tio material dii 5. Q. Did previous years dill'erence. (i. Q. In unless a seal i> and appears t( rapidly close u nothing had I olf at a very r; in other than ; healtliv coiiditi 7.' Q. So sink or seek a alter its cour;- healing rapidl; heal. I once TIk' Committee, on the rccommetulntion of the Minister of Marine and Fisheries, advise that your Kxcc^llencv ho moved to forward a copv hereof to the Principal Secretary of State for the Colonies for the itdorniution of Her Majesty's Government. All of which is resp(!etfullv siihmitted for voiir Jvvecllency's a|)pr()val. (Signed) JOHN J. McGKI-:, Cleric of the Privy Council. Inclosure 3. Mr. Milne to Mr. Tapper. Sir, Customs, Canada, Victoria, li.C, January 22, 1892. I 11 WK the honour to aeknowlcdn;e the receijit of your eommunieatiun of the 7th instant, relative to a joint letter from Sir George Baden-Powell and Ur. George M. Dawson, H(>hring's >le,i Commissioners. I l)('g to state that I liave ende.ivoured to sufjply the information, and herewith transmit the fnsl lot of adida'. its of some oi' the most reliable of our sealing men, and I am continuing to take all I can ohtain, which will he forwarded from day to day. 1 trust the information is what is wanted, as I have endeavoured to frame the (juestions so that the answers would show reasons for their intelligent answers on the three questions : — 1. The proportion of seals lost as compared with hit. 2. The proportion of females to males killed in the different months. 3. The abstention of Canadians from all raiding, &ic. I have, &c. (Signed) A. R. MILNE. Collector. Inclosure 4. Depositions taken before A. R. ^filnr, Collector of Customs, Port of Victoria, B.C. CKIIKNO .lONKS KKLl.KY, master of the Canadian schooner "C. H. Tupper," of Shelbourne, Nova Scotia, having been d'uly sworn : — 1. ^[r. Milne. — How many years have you been engaged in sealing, Captain Kelley ? — A. I have been scaling for two years :is master of the "C. II. Tupper." 2. Q. Have your voyages been reasonably fortunate, in comparison with those of other vessels? — J. About an average. .'i Q. Have you gone south of Cajio Flattery in hunt for seals? — A. Yes, Sir; and have followed the seals all along the coasts of British Columbia to Uehring's Sea. •1. Q. During last year, to your observation, were the seals as plentifid from the coast to Shumagin Islands is thev were the previous year? — A. 1 think there was no material dilicrence. ;'). Q. Did the seals last year appear to be frightened or more timorous than in previous years on account of the number of vessels ?— J. I observed no material difference. (). Q. In shooting seals, what is your experience? — A. My experience is that unless a seal is mcu't.'dly wounded — hit in a vital spot — it is practically uninjured, and appears to be as full of vitality as before it was sl'.ot. The shot-wounds will ra|)i(llv close up, if not ni.ide in a vital part, and the seal will swim away as though nothing li;\d h.ippened. Tlie (low of blood stop.-, very quickly, anil the seal moves off at a very rapid rate. 1 |)icke(l shot from the bodies of seals, |)reviously wounded in other than a vital part, and the animal in every other way appeared to be in a healthy cotidition. 7. Q. So you believe that a seal when shot, if not mortally wounded, does not sink or seek a place — a rookery, or some place to die? — A. A wounded seal will not alter its course in the slightest. It will go along the same as before, its wound healing rapidly, very rapidly, too. It is astonishing how quickly such wounds will heal. I once shot a seal which had been speared by IndiaDS, and the upear had lf)8 made an apparently mortal wound. There was a cut about 2i by .'^ inches a little above the side behind the flipper. This wound appeared to have been ma!y own personal experience during the past two years is that my loss by seals sinking would not average 3 per cent. Diu-ing last year (1891) I actually lost only two seals out of seventv-seven — that is, 1 shot seventy-nine, and secured seventy-seven. 1-1. Q. In iumting seals, what is the direction in vvhicii they usually travel? — A. In the s])ring tnoaths Ihev ar(; leisurelv travelling tow.uiih il> ■ iioilli, when lliey change their poriitio.i. I";. Q. Ill hunting seals, have vou ever met "ith jiups in the w.itcr .' — A. Not generally; hue during tlie season of 1S')0, while oil' Midilieloii island, the Imnlcrs repo; •.•„■(! seeing two seal i)ups, |)rol)ahlv a week old, but they appeared to be oidy just born. 10. Q. What is your opinion of the proportion of males to females Killed during the hunting season? Are there anv months in the year when there are more females than males killed? — A. It depends upon circumstances. My expe- rience is that groups of bachelor bulls will tr.avel together, and sonietimis groups of females, iiicbidiiig barren cows, will travel together, and again groups oi \earling puf)s ^'.pi'arently travel together. That is mv expei ien:'e, ;in(l the experii iice of a number of olheis. The calch of anv schooner coming into cont.ici with gror.ps of Dulls, or of females, would he no criterion ol the ealeh of othe:' selio(in that they did not see any lemale seals at all ; that thev were all vigorous Noung l)nlls. 17. Q. M'ould anything lead vou to think. Captain Kelley, that there is a likelihood of nuire females than males being killed between here and Shiimagin Islands? That is, from .lanuarv to .Inner—./. I can safely say that my persoii.il ex|)erietice has been on the side of the n\ales, l.irgeK- — both on the coast .-ind in Ihe Behring's Se;i the nninber of >eais caught is made up l;irgel\ of males. IM. Q. ,\re ihere ;iiiv months (d'thevcar dnrin;; which there are more females caught than m.ales? — A. 1 should stiv that, as far as mv own observation has <;one, there is no ddlerence; but in every month, during my vovages, 1 have had UKUe males than females. li). Q. Do you know of anv Canadian vessels who have raided the seal islar.ds during anv year in which \ou ha\c been engaged in the sealing iiulnstry 1' — A. I have every reason to believe that none of the Canadian licet have ever ri'.ided, or attempted to raid, or made any preparations to raid, any seal i:>lands in the Hchring's Scj hearfl of it, a White" and ' That they dii also heard tl action met wi Sworn to (Sigi Before Captain "Mischief," I 1. Q. (11 sealing? — A. 2. Q. Co 3. 0. W Savward," in 1889, 1890, a 4. Q. Ml comparison w .0. Q. Y( seals along ti 5«. Q. I plentiful fron ibund them i Cape Flatter 6. Q. M( Behring's Se; 7. Q. A nn account o difference. 8. Q. unless a sea shot doe.s no 9. Q. sink, or see wounded se its wounc 10. Q. generallv ait It I) \h the seal, but 11. Q. eircumstanc 12. Q. shot sleepiii while sleepii 13. Q. to 20 vards lb Q. 10 yards, 10 feet. 15. Q. the |)osition IC. Q. 17. Q. is shot and 18. Q. by sinking white hunti r672 169 Hehrin{;'s Sea. If any such a tliins^ had happened, I should most certainly have heard of it, and I believe it. to i)e inie that the American schooners "George I{. White" and " Daniel \Vei)stcr" did raid tiiese islands, as also the " .Mol ie Adams" That they did raid the seal islands is a I'act well known to all Canadian sealers. I also heard that the (iernian schooner '• Adcle" raided the PrilnlolF Islands, which action met with the stronrohation of every Canadian sealer. (Signed) C. J. KELLEY. Sworn to at Victoria, British Columbia, this 22nd day of January, 1892. (Signed) A. R. Milne, .. Collector of Customs. Before A. R. Milne, Collector of Customs, Victoria, B.C., January 23, 1892. Captain William Petit, present master and part owner of tiie steamer " Mischief," havinp;' been sworn : — 1. Q. {Mr. ^l/i7np.)— Captain Petit, how many years have you been engaged in sealing!' — A. Si? vears, Sir. 2. Q. Continuously ?~A. Yes, Sir. 3. 0. What vessels did you command? — A. In 1S86 I commanded the " W. P. Savward," in 1887 the ste.-imcr " tirace," in 188S the schooner " Sapphire," and in 1889, 1890, and 1891 the " Mary Taylor." 4. Q. Have your catches durinir these six years been reasonably successful in comparison with other vessels? — A. About an average. .O. Q. Vou have seaiefl south of Cape Flattery, liave you not, and followed the seals aloirg the coast of British Columbia and into Hehring's Sea? — A. Yes. 5*. Q. Piiring last year, to your observation, were the seals apparentK as plentiful from the coast to Shuinagin Islands as tlie\ were in previous years? — A. I ibund them more plentiful last year than I have a!iy other year since 1886, that is, Cape Flattery, north. 6. Q. How did you find them in Behring's Sea? — A. I found them there in Behring's Sea as plentiful as in (oi'mer years. 7. Q. Are the seals now more frightened or more timin'ous than they have been nn account of more vessels, or Irom ar\y other cause? — A. 1 have seen no material difference. 8. Q. In shooting seals, wii;it is your experience? — A. My experience is tiuit unless a seal is mortally wounded — hit in the head or in the region of the iieart — the shot tlocs not ap()ear to injur ■ it. '.). Q. Do you believe tiir.t a seal, when shot, and not mortally wounded, does not sink, or seeks some plaee '■■ die — a rookery, or some such jilace'r — A. No, Sir; a wounded seal will not al^• i its course in the slightest. It will move along as before, its wound healing rapidK. 10. Q. What do you consin in motion ?—A. There are more shot slee|)ing. Sir. It is my opinion that the larger i)ro[iortion of seals are shot while sleeping, 'i'he seals taken by the Indians are nearly all killed while sleeping. L'i. Q. What is the shooting distance ? — .1. It depends upon circumstances ; 10 to 20 yards for sleepers, and a little more, 10 to .'50 yards, for travellers. 14. Q. Vou have seen the hunters and Indians a|)proach even nearer thati 10 yards, have ^vou ? — A. Ves, I have seen them approach to within less than 10 feet. 15. Q. When seals are vitally wounded, say in the head, will Ihoy move far from the position in which they are shol,'-'—/!. No, Sir. IC. Q. They are likely to die riirUt there, are they ? — ./. Vcs, Sir. 17. Q. And they will not sink ? — .1. With few exceptions, such as when a seal is shot and tlirown backwards, thus allowing the air to escafie i)ut of its mouth. 18. Q. Will you state your opinion. Captain Petit, of the proportion of seal lost by sinking after being shot? — A. My personal experience during last season with white hunters would not exceed 5 per cent., and with Indians in former years I r672j Z 170 a niiicli larger doubt if it amounts to even 1 per cent. Tho reason of this perccntaf^c in favour ot Indians is because they were caught with a spuar, and consequently could not get away. 1!). Q. Have you ever seen a seal shot while sleeping sinkF — A. I have never known one to sink. 20. Q. Then you are clearly of the opinion tliat seals will not sink for some time unless thrown back\iards? — A. lam. When they do sink, even to 10 (n- 15 feet, they can be reached with the gaff. 21. Q. When the hunters return i:o the vessel at night, do they usually discuss their day's ])roceedings, and |)articularly mention the loss of seals, when such loss occurs ? — A. Yes. 22. Q. Then, Captain Petit, you conscientiously adhere to the statement that the loss by sinking of seals hit will not exceed :') |)er cimU. ? — A. I certainly do ; but there are seals hit and not mortally wounded, and these escape, but they are not "lost," as they are (juite as vigorous as before, because their wounds lieal very rapidly. 1 have often found shot in the skin. 23. Q. Wlnit is your opinion of the proportion of females to males killed durmg the last hunting season f — A. Last year, out of my catch of 705, I had oidy 18 females ca rying young — not ([uite 2|, i)er cent. Of cuurse, as in other seasons' catches, we had a number of barren cows — about tlie usual run, 10 per cent., and 12A per cent, of grey pups. These grey pups are always bulls, and one year old. 24. Q. Your catch, then, woidd be about 75 per cent, of males last season P — A. Yes, Sir; including the yearlings it was more than 7;') percent. 25. Q. You say grey pups are always males; will vou explain this? — A. The Indians called my attention to this fact years ago, but the reason is not ([uite known, still it is a fact. I have observed very closely, and have never yel seen a female grey pu|) one year old. I try to account for iliis by the s\ippositiiin tliat th.e yearling grey male pups are driven early out of Behring's Sea by tiie old bulls. 2G. Q. Last year, did you hear any remarks about the numlier or proportion of the males to females caught, from any one or anv source? — A. Yes, Sir; 1 heard that lercentage of males were caught last vear than in any former year. 27. Q. I would ask you, Oaptain I'etit, il' in any former years there was a similar preponderance of niah's — do you reniendjcr of any such fact? — A. Yes, I do. In 1880, when off Barclay Sound, in one day we had taken 101 seals, of which 3 only were females. In the folloiving year. 1887, when off I'ortlock Hank, we took 79 in one day, and otdy 2 females were found in that nund)er. 28. Q. Mow do seal cows travel? Singly or in pairs? — A. They travel singly or in pairs. 2'J. Q. IIow do bulls travel ? — A. They travel in bands, as do also the bull pups. They travel singly too. 30. Q. -Are female seals carrying youn^ very timid? — A. Yes, Sir; they are. They sink their bodies so that noth'ug biK their noses and eyes are out of water, and are tlicreforc smaller marks for tlr- iiMiters. .'51. Q. Barren cows travel with bulls, do they r— .-I. Yes, Sir; barren cows usually travel with (he bulls. .'12. Q. -Are there atiy months in the year during which there are n)ore females than males killed ? .\ny particular time that you have observed ? — A. No, Sir. 3:i. Q. It it your candid opinion that there .are more barren cows killed than seal-bearing cows? — A. Yes, Sir; I think there are more. .'i4, Q. Do these barren cows, from the knowledge \()U have of seals — do you think that they ever become bearing? — A. I think they do. 35. Q. That tln^y will have period.s j)f bearing? — A. 1 don't thiidi that a seal will bear before she is 4 years old. 30. Q. How long does a seal carry her young? — A. It is understood to be eleven mont'is. 37. Q. Were there any circumstances occurred to you upon'your last voyage which would indicate a marked deereiise in the number of seals ? — A. None what- ever, Sir. (In tiie contrary, I should say there were more. There seemed to lie more last year, at le.ist we saw more that y<'ar than for several years ju'evionsly. !i8. Q. in \our observation as to the hal)its of the seals, they appear to he like the salmon— tliat they return from no kiio\\n cause in larger nund)ers ? — Well, I don't know, Sir ; I think that they have their annual migrations ; but there is (]uestioii whether they follow the same track every year. You will find them on some grounds one year, and in other years on other grounds. 39. Q. Po matcriallv inju JO. Q. Ca females killed, 41. Q. W( was ordered on ■42. Q. Ik- land ?—A. 00 I 43. Q. Yo numbers. 44. Q. Y( of a very fair c -15. Q. Y( Behring's Sea r 40. Q. Y( miles from lai A- As plentifu' 47. Q. 1)1- females over n 48. Q. Ca Sea?— A l''or 49. Q. I)( by sinking ? — .V). Q. Di Russian side ? Pass. 61. Q. Di had raided tl British or Ca engaged in sei 52. Q. Ct " Geo. R. Wh islanils? — A. .53. Q. ' .M. Q. 1) " .1. Hamilton Diego," raidei 55. Q. I) the America history of rai schooners. ofi. Q. V ment and soh 57. Q. i was seiy.ed b\ Sir ; and serv 58. Q. 1 seal islands, being aware it from huntc 50. Q. I careful in in ever with tli been instruct limit In la( the 20 miles Mr. Miln Sworn I 1892. (Si.' L572] Ill 39. Q. Po you think that the number of female seals killed in the hunt i;- materially injurini; the reprorluction of seals ? — A. So, Sir. 10. Q. Can you >;ive a reason for that ? — A. From the small percentage o fcniales killwl, 1 don't think it would injure reproduction in any way. 11. Q. Weri^yoii in Mehrin.';'s.Sea last year,and were you ordered out ? — A. And was ordered out l)y the United States' ship "Corwin." ■41'. Q. Uelbre heinij; ordered out, what was your usual fishing distance from land?— .4. GO to 100 miles. 4;j. Q, You found seals all along that distance from land? — A. Yes, in large nuuihers. 41'. Q. You had the prospects of a fair catch ? — A. Yes, Sir ; I had the prospects of a very fair catch up ro the tinn; I was warned ? -1"). Q. You consider it a very material loss, being warned at the time out of IJehring's Sea ? — A. 1 do, Sir ; I consider it a very heavy loss. 40. Q. You still adhere to the statement that the seals between CO and 100 miles from land were as |)lentiful as in any previous years in your experience? — A. As plentif'id as they were in any year since 188(j. 47. Q. Did you observe in your catch in IJehring's Sea any jirepondernnce of females over males, or vice vcr.sd i' — A. Yes, Sir ; the males were in excess. 48. Q. Can you state from recollection an average day's hunt in Behring's Sea? — A. Forty-eight was about the largest I made while in Behring's Sea. 49. Q. Do you remember hearing any of the hunters speak of losing any seals by sinking ? — .1. No, Sir ; J don't remember any instances of such loss. .■)<). Q. Did yo'i cross from tlu; American side of the Behring's Sea into the Russian side ? — A. No, 1 didn't, I came straigiit home to Victoria through Ounimak Pass. 51. Q. During the year.did you hear from any source thatany Canadian vessels had raided the seal ish' ds or any of them? — A. No, Sir; I never heard of any British or Canadian ve>-ils, not during the past year, or any year I have been engaged in sealing. i>2. Q. Captain Petit, do vou believe anv of the stories tli.it are told about the "Geo. R. White," the "Daniel Web^ilcr," and the " .VIollie Adams " raiding these islands? — A. Yes, Sir ; I believe those reports. !'}',i. Q. These were all American vessc's, were they not? — A. Yes, Sir. .')4. Q. Durmg the Ir.st two years it is reported tiiat the American schooners "J. Hamilton Lewis," formerly the British schooner "Aula," and the "City of San Diego," raided tiie (^o[i|)er Islands ? — A. Yes, Sir. 55. Q. Do you believe that is true?— J. I do. Sir; and also in 1886 or 18^7, the American schooner " Lookamt," raided tin Pribylolf Islands, so that the history of raiiiing the seal islanils is peculiarly \merican, and solely by American schooners. ofi. Q. Was not the British schooner "Aula" sei/.eil by the .American {iovern- ment and sold? — A. Yes, Sir. In 1887, and renamed the J. Ilatnilton Lewis." 57. Q. Is not this same vessel, the ".I. llaniiki ^ Lewis," the same vessel as was sei/.ed by the Russians this year, in the vicinitv of Co|)per Island? — A. Yes, Sir; and served her right too. 58. Q. If any of the Canadian ves.sels had raided either the American or Russian seal islands, your long experience in the scaling fleet here would have insured your being aware of it?- A. Yes, Sir; 1 should certainly have heard of it -learned it from hunters, masters, or seamen. It woidd iiave been sure to have leaked out. 50. Q. Is it \()ur opinion thai ship-masters or ship-owners have been most careful in instructing their masters or captains to avoid any interference what- ever with the seal islands ? — A. 1 have served with diirerenl owners, and 1 have been instructed to carefully avoid approaching the islands within the international limit In fact, all the sealing 1 have conducted has been done outside at least of the 20 miles from land. Mr. Millie. — That will do. Captain Petit. Thank vou vcrv nuicli. (Signed) AVILLIAM PETIT, Master. 1892. Sworn to before me, at Victoria, British Columbia, this 23rd day of .lanuarv. Jo- it (Signed) A. R. AIii.Ni:, Collector of Customs, L572] Z 2 172 Before A. R, Milne, Collector of Customs, Victoria, B.C., January 22, 1892. Captain Wentworth Rvelyn Hakcr, present master of the Cunatlian schooner "C. H. Tupper," and formerly master of the schooner "Viva," of Victoria, being duly sworn : — 1. Mr. Milne. — I low many years have you lieen engaged in sealing, Captian Baker? — A. Koiir years. 2. Q. What Canadian schooners have you commanded during those four years? — A. The schooner "Viva." 3. Q. During tiie four years have you been more tlian reasonably successful as a seal-hunler i* — A. Yes, Sir. 4. Q. How many white men would your vessel usually carry ? — A. Twenty-three, all told. n. Q. You have hunted all along the coast, and also every year in Hchring's Sea? — A. Kvcry year except 185)1. During last year I was always outside of the line of demarcation betAcen Uussian and American waters. "6. Q. During last vear, to your observation, were seals as plentiful along the coast to Shumagin islands as they were the year before ? — A. In some places I found them as i)ientiful ; in others I found thorn more plentiful. In some places where I never found anv before I found them last year, and I found none where I had previously found some. 7. Q. Tiien, Captain Baker, you think there is no material difference, on the average, during the four years? That is to your observation ? — A. I should say, to my observation, there was no material dilference. 8. Q. Your coast catch last year was e of the number of barren covvs to the nunibrr of seals caught? — A. J could not say exactly, but the percentage is considerable. 17. Q. What is the accepted theory among the sealers as to the barrenness of cows ? — A. I don't know as I have heard of any theory — unless they are like other animals. 18. Q. When you s|)eak of barren cows, you mean those who have been more than one season barren ? — A. Yes; becausi; before that tliey ar(! (■alle[ aggregate average, th 215. Q.^ myself. T 27. Q. " S " Canac sive, costin 28. Q. killed in th It depends bull side on conscientioi number of ; 29. Q. the preponi the coast, of all cows. 30. Q. distance in years it wo (50 miles. 31. Q. Behring's ^ 32. Q. tions will a the same a 33. Q. would like raiding th heard of a Canadian e 173 20. Q. Are there more seals shot whilst sleeping than in motion ? — A. Yes, Sir; my experience has been that there are more seals shot whilst sleeping, and that is the experience of most of my hunters, by their rcpoi't. 2J. Q. What do you consider the vital part of a seal? — A. The hcafl or the heart, or in the neck. 22. Q. Do your hunters jircfor to shoot the seal in the head ? — A. Yes, Sir; on account of preserving the skin, and also that, the moment the seal is shot in the head, the head sinks and the wind cannot escajie. Then, if the seal is not killed, the shot will stun it, and its heal will drop below water, so tnat it cannot sink. 23. Q. What is usually a safe shooting distance? — A. Kor sleeping seals the distance would be ai)out 10 yards, and for travelling seals the distance would be about 10 to 30 yards. 2't. Q. Considering that the seals are shot in the head, and the greater portion whilst sleeping, will you state the proportion of seals lost, as compared with those hit, in sealing? — .(. The propoiiion is very small, because, as the usual distance for shooting is about T) yards for ;i sleejiing seal, we most always kill them instantly, and being so near tiic seal — even if thev are inclined to sink — they are gaffed before they have time to sink. If thev even did sink 15 feet, say, we could catch them, as when sinkinji they go very slowly. The only time 1 know of when a seal is likely to sink is after it has been chased around in the boats and winded, then shot again, so as to be thrown backwards, allowing the wind to escape from its mouth, when it sinks t:til first. Kvery Ixiat is supplied with a long jiole, about 15 feet, and a spear and gall' oti the end, so that we can reach that distance. It is very seldom that a seal will get away. I would say, therefore, from personal experience, that the percentage of loss, as compared with those hit in sealing, would not exceed 3 per cent, i^ast year I killed, myself, on the coast, fdty-five seals, and out of that number I lost oidy one by sinking. 25. Q. As a general thing, is the percentage of loss more now than it was four years ago, or is it smaller? — A. From personal exjierience, 1 think about the same, and from the reports of the inmters 1 sitould judge it was the same, as they all report their experiences on their return to the vessti each night, and when a seal is lost it is always ^poken about. From a record kept by hunters during two voyages the aggregate loss by each hunter is shown, and the |)ercentage is not greater, on an average, than 3 [ler cent. 2lj. Q. How many hunters do you usually carry? — A. Six; and I hunted myself. Thc^ ship's com|)any consists of twenty-three |)ersons. 27. Q. What sii^e shot do you use in shooting seal ? — A. No. 2 buck-shot, or "S" Canadian shot; and the guns are of the verv best material and very e>;pen- sive, costing from 70 to 100 dollars. 28. Q. What do you think is tiie proportion of females to males in the number killed in the dilferent months of the lishing season? — A. 1 don't know, I an' sure. It depends upon circumstances. My experience last year was verv largely on the bull side on the coast ; that is, the proportion taken were largely male seals. I can conscientiously say that it must have been three bulls to one female, and 1 had a larger number of seals than any other vessel on the spring catch, 29. Q. In the Hehring's Sea, to youi' observation, were the males or females in the pre|)onderance ? — A. jM\ ex|)erieiiee is that they are very much as they are on the coast. Scmietimes I would meet with groups of all bulls, and again with groups of all cows. 30. Q. While in Hehring's Sea last year, what would be your usual sealing distance from the land '. — .1. I was not in Hehring's Sea last year, but in previous years it would be I'rom about 30 to 90 miles Iron) land. The usual distance is about 00 miles. Sometimes we are inside of that, somcitimes outside of it, 31. Q. Ijast year, 1 understand you to say, Cajitain Baker, you were not in the Behring's Sea on the American side ? — A. No. _ 32. Q. Do I understand you to say that on the Russian side the same observ tions will apply to the habits and shooting of seal as on the coast? — A. Preci' the same as to their grouping and habits. 33. Q. During the h)ur years that you have been sealing, Captain H- would like you to state explicitly if you saw or heard of any Canadian raiding the American seal islands? — A. No, Sir. To my knowledge I h heard of any, and I have every reason to believe that there has neve Canadian schooner raiding any of them. 174 34. Q. If anything like this had happened, you would have heard of it? — A. -Most certainly I would have. 3.5. Q. Yoii have never heard any iMl>:rniation of any of our sealers conniving to raid the seal islands ? — A. I never did. 36. Q. Two years as^o it was reported that sonic American schooners had raided seal islands. Did you hear sucii a report? — A. Yes, Sir; I heard a report that certain American schooners had raided Ihese islands. The "(leo. R, White," "Daniel Webster," "Mollic Adams,'' and for two years the "J. Hamilton ! percent, for sinking seals r — A. Yes ; and I may say tiiat I have taken seals with sliot in them, dropped out when skinning, and they seemed as strong and licaltliy as ever. 2'2. Q. 'J'hat is to say, that unless you shoot a seal in a vital part, the wound heals (piickly ':■ — A. Y'es ; and uidess you liit it hard the seal gets away. 'J';, Q. Y'ou have seen females with young? — A. No; I never saw them carrying their young in the water. 2i. Q. Down tiie coast the seals are pretty well divideil, are they not? — A. Yes. 25. Q. The cows travel by themselves, and the bulls by themselves ? — A. Y'es. 2C). Q. Did you say that you have caui,'ht more bull seals than cow seals (luring the season ? — A. Y'es, along the coast; but when I got up and up I got more bulls than cows, 1:7. Q. What nioiiths have you seen more cows in proportion than other montiis ? — A. In February, March, and April. :2S. Q. Hut even when you see more cows the average of the seals killed is in favour of the bulls, is it not? — A. No; it is about equal. 20. Q. You say the cows travel quicker towards the Rehring's Sea? — A. Y'es; when we get further up the cow seals seem to leave the bidls behind. iiO. Q. lias it always been so? — A. Yes; 1 have got 181 seals in a day, and not a cow amongst them, but you sometimes get one. I think the average is about one in ninety. ;$1. Q. You always get more bulls than cows? — .'1. Yes, up there. oL'. Q. llow' many out of ever\ hundred seals you had on board your vessel last year would be females? — A. I think fully a half of them would be cows. 33. Q. llow many of them would be bearing cows, and how many of them would be barren cous? — A. Of bearing cows, I think about IS or iH) per cent, would he bearing (.'ows. I do not think there would be so many as that. I had 2,0(it), and I think there woidd be only about 12 or 14 [)er cent, with pups; the others would be what are called barren cows, and a lot of them would be dr\ cows. •34. Q. With the barren cows and llie ones bearing young you say would make up about half your catch ?—.•(. Y'es; about half ami half. 35. Q. The proportion of males and females, though, diipends upon the crowds or groups you get into? — A. Yes; it depends upon the baud you strike. •31). Q. You never, at any time, had more femalts than males in ;iny of your calclies ? — A. No, never. .">7. Q. While in Ik-hring's Sea during the last four years had you ever heard ot any Canadian schooners "raiding" the Pribylolf Islands? — A. No. I never heard of any of my crew being engaged in such. Several of my crews told me of llie .American sealers raiding them, but I never heard of a Canadian vessel doing so. :!S. Q. If you were bound to maki; a statement on your oath, you would say you believed no Canailian vessels ever raided the I'ribylolF Islands lor seals ? — A. Not as far as I know. •Ml. Q. You believe, as a matter of fact, that the owners of Canadian sealers and their masters have never countenanced this raiding? — A. 1 believe that is the feeling that prevails among them all. -10. Q. You have heard mentioned the names of the .\merican vessels that raided those islands? — A. Y'es; I heard of the " Mollie .\dams" and "Cicorge R. White," but not any others. [572] 2 A 2 180 41. Q. You liavo not heard of any others? — A. No; I have not heard of any others. 4li. Q. Yoii have lioard ol" vessels riiidin};^ the Copper Islands? — A. Yes; 1 iiavc heard of the " Elaniiltori Lewis " luid " Webster" raiding Copper Island. 43. Q. Tlioi-e vessels you name arc all American vessels? — A. Yes. 44. Q. Manned hy American crews? — A, Yes. 45. Q. Have you any recollection of .seeing any of tiiose vessels in this (Victoria) Harbour? — A. No. (Signed) TIIEO. M. MAGNESEN. Sworn before me, this 23rd day of January, a.d. 1892. (Signed) A. 1?. Milne, Collector of Customs. Henry Crocker, hunter on board the schooner " .^nnie E. Paint," having been sworn : — 05. Q. How long have you been engaged in sealing? — A. I ha' ■ been hunting won for three years ; this is m\ fourth. 66. Q. From your observation, do you think that the seals w , ., ilentifid last year as tliey were during the previous seasons? — A. Yes ; from what I saw of them I am sure they were just as many as before. 67. Q. In what months do the female seals seem to be the mo.st plentiful In the sealing-grounds? — A. I believe that from February to May the females seem to predominate in numbers; that is, when the cows arc getting heavier with young, they make for the islands sooner than the bulls. 68. Q. Is it more difficult to shoot a female seal than it is a bull? — A. The males are more easily killed than the females, owing to the inquisitiveness of the males, and the females being more shy, and also as they move along the water with only their nose visible. 09. Q. As an experienced hunter, what percentage of loss have you had by seals sinking? — A. It is very rarely that a seal wil! sink. I have been a whole season and have not had more than half a dozen sink during the whole season. 70. Q. Can you form any estimate of what your loss has been ? — A. i would say not more tlian .1 to 4 per cent. 71. Q. Was the loss last year more than in previous years? — A. I could see no diflerence. 72. Q. As a reason for the small percentagn of loss, you get very near the seals before shooting? — A. Yes, Sir; the usual distance is within about 20 feet to a sleeping seal. 73. Q. If a man has a higher percentage of loss than that, he must be careless, you think? — A. Yes, I should say so, and not a first-class hunter, for there is no necessity for losing a seal. 71. Q. Does your percentage of loss agree with other hunters with whom vou have conversed ? — A. Yes. 75. Q. So that on the coast and in Behring's Sea the same percentage would apply ? — A. Well, on the coast one does not very often sink a seal ; but in Behring's Sea, if a cow, having delivered her pups, is shot, she will be more apt to sink, as the blabber is very much thinner. But, on the whole, I think the percentage will not be more than .3 or l per cent, of loss. 76. Q. Have you taken notice in hunting whether there are more females than males, or the reverse, taken? — A. There is fully 80 per cent, of bull seals killed off the coast, as well as in Hehring's Sea. I think the reason for this is that the younger bulls are driven off by the older ones, who guard their particular herds. 77. Q. In the three years you have been in Behring's Sea has it always been your experience that there were more males caught than females? And in what proportion ? — A. 1 say about the same as this year ; I don't see any difference. 78. Q. Does your percentage of females taken agree with that of other hunters with whom you have conversed ? — A. Yes. 79. Q. As an experienced hunter, then, you adhere to the statement that for the whole sen of seals caus 80. Q. 1) 81. Q. 1 predominate i earlier than t 82. Q. I islands ? — .(. s:}. Q. \ inducement t H-1. Q. 'I A. No, Sir; til islands. 85. Q. I heard of it ?■ 86. Q. "" Islands ? — A Sand Point j one vessel w; 87. Q. ' islands ?— ./. (fhe for and substani Sworn I 1892. (Sii George sworn, says 55. Q. hunting for :>(■). Q. A. I'liev we 57; Q. females tog bv tliernselv 58. Q. A. Well, I more. 59. Q. .1. Well, fr- 00. Q. best place, 01. Q. year ? — A. 1 have be( females. 02. Q. months of There are time. 63. Q. seal island have heard raiding a s 181 the whole seasons' . itches for tlic years you have been hiintino;, that the percentage of seals caunht will be about three males to one female?—/!. Ves ; about that. 80. Q. Do you include in that statement barren cows ? — A. Ye.s. Hi. Q. Have you any i<'ea or reason of your own why the males come to preiloniinate so much ? — .-/. 1 think it is because the females make for the islands eailicr than the youri};- bulls and barren cows. H2. Q. Have you ever heard of any Canadian vessels raiding the seal islands ? — ./. No, Sir. S.'J. Q. Vou have never heard of any Canadian master or owner offering any inducement to hunters to raid the islands? — A. No, Sir. HA. Q. There has never been atiy bonus offered you to raid the islands ? — A. No, Sir; while in Hi'hring's Sea we are always too anxious to get away from th islands. H5. Q. If an/ Canadian vessels had raided the islands you would have likely heard of it? — .-/. Yei I think it is impossible to keep it as quiet as that. 8(i. Q. You have i eard of .American vessels raiding the Copper and PribyloflT Islands? — A. I have heard it. i have known of the American vessels going into Sand Point just after they had raided the islands, and 1 was in Sand Point when one vessel was fitted out lor the f)urpose of making a raid. 87. Q. The masters with whom you have sealed all seem to have avoided the islands ? — ./. Oh, yes ; they keep away from the islands between 50 and 100 miles, (The foregoing having been read over to the said Henry Crocker, he corroborates and substantiates the whole of the said statements.) (Signed) HENRY CROCKER, Hunter. 1892. Sworn to before me, at Victoria, British Columbia, this 18th day of January, (Signed) A. 11. Milne, Collector of Customs. George Roberts, hunter on board the schooner " Annie E. Paint," being duly sworn, says : — 55. Q. I low long have you been engaged as a sealer ? — A. I have been at seal- hunting for three years, one season as a hunter. ."jfi. Q. Were the seals more plentiful last year than in previous years? — A. They were just about the same as regards number. 57. Q. How do the seals generally travel — in mixed numbers, males and females together? — A. The seals travel in bands of bulls and bands of cows, both by tiiernselves. "j8. Q. What is the proportion of seals lost by sinking after being shot?— A. Well, I should say that 3 to 5 per cent, would cover the whole loss. It is net more. 50. Q. What is the distance you are off a seal when you shoot, generally?— A. Well, fnm 20 to 30 Icet for a sleeper, and for a traveller from 25 to 30 feet. on. Q. What part of the seal do you aim at? — A. I aim at the head, as the best place, being the surest. 01. Q. Do you think there were any more female seals shot than males last year? — A. No; I think there were more males shot; in fact, I think that since I have been engaged in the business there have been more males killed than females. 62. Q. What months have you noticed more females than males? — A. In the inontlis of March and .April there arc more females than at any other time. There are more females killed during those months than there are any other time. 63. Q. Have you ever heard of any of the Canadian vessels poaching on the seal islands? — A. I never did ; I would have heard of it if there had been any. I have heard of the American raiders ; but I do not know of a single Canadian vessel raiding a seal rookery. 182 64. Q. If a seal is sinking, does it go quickly or slowly ? — A. If it is not too far away it can always be secured, as it docs not go too quickly to get it. (The above liavirg been read to the said George Itoberts, he corroborates and substantiates all of the foregoing statements.) (Signed) GEORGE ROBERTS, Hunter. 1892. Sworn to before me at Victoria, British Columbia, this I8th day of January, (Signed) A. R. Milne, Collector of Customs. Ricliard Tliomson, hunter on board tlie schooner " .Annie E. Painter," being duly sworn, says: — 40. Q. How hing have you l)een engaged in sealing? — A. I iiave been engaged as a hunter for two years. 41. Q. Were the seals as plentiful last year as Ihcy were the previous year, to vour observation? — A. Yes; I believe they w(M-e. 42. Q. Were the seals apparently harder to ap])roaclt than they were in previous years? — A. No; I can't say that I saw any diH'crence. 43. Q. How do the seals generally travel? — A. As a rule the bulls travel separately, and quite a distance ajiart generally. 44. Q. What is your experience in hunting as to the number of seals lost after being hit' — A. I should think from 3 to .0 per cent, would cover all. 45. Q. What is the usual manner in which seals arc lost? — 1. Well, if iho seal is in a certain i)0sitinn and shot so as to allow the air to cscapt;, the scui will be lost. As long as the head sinks below the water fn-st, the seal will not sink. They very rarely sink in any case. 46. Q. You carry a spear on a gaff, don't you ? — A. Yes ; it is carried to spear the seals when they are going down. 47. Q. From your experience in sealing, you consider that from 3 to .0 per cent, would cover the total loss of seals, afcer being shot, through sinking? — A. Yes. 48. Q. \\'hen you shoot a seal at a distance, and do not shoot them in a vita! part, they make off, do they ? — A. Ves. 4'.). Q. You don't consider that lost, then » — A. No; we don't consider the seal lost unless it sinks. 50. Q. Have \ou handled more males than females during the piist two years? — A. I should say more males. 51. Q. Have you any idea of the proportion of males — would there be two males to one female r — A. 1 should say from 70 to ?S0 per cent., or about three males to one female. .')2. Q. i'l what months do you consider that there are most females killed r— /(. During the montlis of April and May. There are apiiaren'tly more females, but i!C)t as many as males. o'}. Q, You have never known of any Canadian schooners raiding the seal islands have you r — /(. 1 have never heard of a Canadian, but [ have of the American. ni. Q. During the time that you have beeti to Behring's Sea, you would have heard of it? — A. i would certaiidy have heard of it. r).5. Q. You have always sailed out of this port r — .4. Yes, Sir. (The al)ove having been read over to Richard Thomson, he corroborates and substantiates the same.) (Signee Flattery citlier lOi or 101), am not positive, and out - r that there wen- over 100 bull seals, and the next day we got about 86, and out of that number over 70 were bulls. That was in the year 188(5. If). Q. Would your observation lead vou to suppose that your catch would depend entirely upon the group of bulls or females as to which your catch would be com|)osed of principally? —^1. As we get amongst them ; )es. 17. Q. But taking one year with another — from 188() to the present time — have you seen any n.ore females killed than of l)ulls ? — A. No, Sir. I think we have got about three males in live, anfl when we get up about the Bank, about Middleton Island, I think they will average more males tiian females. 18. Q. When you strike the seals on the coast aboiit 40 or 50 miles from sliori.', do you find a large ftroportion of them sleeping?—^. They are generally sleeping. The Indians get none but sleeping seals. I have never been working witii Whites. 19. Q. The natives approach the seals very close ? — A. Yes; and he comes to the leeward of them, and if there is any sea on they get into the trough of the sea and make no noise. If he went to windward tliC seal would scent him, and get away. '20. Q. When he gets close enough he throws his spear, and seldom misses i" — A. Yes ; he don't miss one in ten. 21. Q. And when once his spear is fastened, the seal never gets awav V — A. No. 22. Q. If an Indian loses more than what you say, he would not be a good hunter ? — A. No good at all. It would not pay to " pack " him. 23. Q. Do the Indians ever ghoot? — A. Soiuetimus, They never shoot if the seal is sleeping. vreciCi ISd, Q. You mean by "loss" — what? — A. By sinking. Q. If the seal is wounded so it gets away, you don't consider it lost? — 24. Q. Does that percentage of loss applv to the sleeping seals only ]- A. Yes. 25. 26. A. No. 27. Q. If speared and wounded, and scurried off, you don't consider it lost? — A. Oh, no; not lost. 28. Q. The Itidiaii hunter is very close to tlie quarry, and rarely misses his aim ?—A. Well, he will get within 25 or :iO yards of it. 29. Q. Have you noticed any marked diH'erence in the manner in which the females carrying young travel as compared with the males? — A. The only difference I could see is that they will travel very fast for a little distance, and then turn up and rest. 30. Q. 1 mean, do they sink their bodies more? — A. No; they do not. 31. Q. Do you think the female is more shy than the male, that is those " with young"? — A. No. I think tlic\ arc not any niore sliy. The female is always inclined to be sleepy. The male is always on the watch, and will rise till his head and shoulders are out of the water. 3'I. Q. One hunter has said that the female lies deep in the water, exposing only a portion of her head? — A. I have never noticed that. When lying asleep one-half of the head is under water. 33. Q. Then you will say that the percentage of loss of the Indian hunters is not more than how many in the hundred? — A. Not more than one in ten ; not more than 10 per cent. 34. Q. You say you never hunted with white men until this year? — A. No. 35. Q. If any person made a statement that there is a greater amount of loss than what you say, you would not regard it as correct? — A. I would say it was not correct, with Indian hunters. 3H. Q. Your statement is based upon actual experience? — A. Yes. 37. Q. In going down the coast in the spring, in February, March, and April, have you noticed (hat females are more plentiful than in the following months ? — A. I do not think they are. 38. Q. But as they come from the south, you think they are not? — A. Between January and .lune, and between the south and the Shumigan Islands, have you noticed any time or place where there were any more (emales killed than others? — A. I tliinl: in May, 1 have noticed one thing: vou will not find, take one in ninety, you will never find a female pup. Where th(! female young go to is something tliat the Commissioners ought to have found out before they came down from the sea. 39. Q. It has been stated that the Indians say tiiere is no such thing as a female grey pup? — A. I have nevcT seen one yet, and cannot account for if, unless the females go one way and tiie males another. '10. Q. Among all yearling grey pups, there has never been any one known to have found a female? — A. Yes, it is a fact. I have heard a great deal of talk of females having young on the kelp, too, but I don't think tiiat is so. Some hunters report of seeing pii[)s off Middlelon's Island, but I think tiiat is impossible. 41. Q. Have you ever seen them cut a juip out of the female seal ? — A. Yes; and I have seen the pup so cut out walk or move aiioiil the deck of the vessel, and I have tried to raise it. I have also thrown it into the water, and have seen it swim about like a young dot; ; 1 have seen it keep alloat for fifteen minutes, as long as the vessel was within sight, On the islands, the mother seal will take the young and force them into the water to teach them to swim. They will never take the water freely themselves for from six weeks to two months. 42. Q. You think they will swim 'jO yards probably, or ] 00 yards ? — A. Yes; but don't think they could live continually in the water ii' they were born in it, 43. Q. When you strike tiic seals on the west coast, what would you say was the usual distance per dav that the seals travel ? — A. That is impossit)le to say ; it depends upon their food. 44. Q. That is, they lingc- longer over good food than otherwise ? — A. Yes ; I remember in, I think, 1888, wii. i an Indian threw his spear at a seal, and his line broke, it was near the Shumigan Islands, and he took the same seal the next day — we lay-to all night — and he recovered his own iron spear-head. That might show the distance they move in, say, a night, because it did not travel far. 45. Q. When you lower your boats two Indians go to a canoe ? — A. \es, and lH)th paddle. 46. Q. ' 47. Q. . difference wl 48. Q. "^ A. It heals \ 49. Q. ' A. Not mor they shoot it 50. Q. 51. Q. I 52. Q. ] months is a 53. Q. 1 are more ex| expert. 54. Q. ] retard them 55. Q. '. hunter ? — A. 56. Q. '' aboard in on 57. Q. ( 58. Q. ] Whites, go?- vessel, till th 59. Q. I be smooth v back. 60. Q. I May and Jui Charlotte Isl fil. Att to the sea ?— females — the 62. Q. one gets his females. 63. Q. of?— ^. No; 64. Q. loss of 1 in A. Yes; 1 uj. Q, more females the ocean wc 06. Q seals travel i 67. Q. number of fi 68. Q. you had in to 2 females. 09. y. 70. Q. 4 males in 5- 71. Q. account for when the fen 72. g. hunting to — usually 30 island ; we v 73. Q. made a boas [572] 186 46. Q. The Indian in tiie how keeps his spear right before ? — A. Yes, 47. Q. And he tlirows it at the animal, and strikes it wliere? — A. It makes no difTorence where they are hit. They try when shooting to hit in the head. 48. Q. When a seal is struck, or wounded, what time does it require to heal ?— A. It heals very rapidly. 19. Q. What time does it require to get the seal aboard after it is speared ? — A. Not more than two minutes when they spear, and not as long as that when they shoot it. 50. Q. What is the usual lengtii of the scaling-boat? — A. About 20 feet. 61. Q. And the canoe ? — A. About 22 feet. 52. Q. Is it not a fact that sealing in these small boats in the stormy spring months is a very hazardous undertaking? — A. Yes. 53. Q. It is commonly reported thai our seal-hunters, both Whites and Indians, are more expert than any others on the coast ? — A. That is so. They are the most expert. 54. Q. It is said also that unless the weather is very tempestuous nothing will retard them? — A. Yes; they go out every chance they can get. 55. Q. The loss of a full-sized skin meant the last two years how much to the hunter ? — A. About 3 dollars per skin. 5(5. Q. What is the largest number which you ever saw an Indian canoe bring aboard in one day ? — A. Forty-eight in one canoe, in Hchring's Sea. 57. Q. On the coast, how many r — A. Thirty-four; that is over the average. 58. Q. In leaving the schooner, how far do the hunters, both Indians and Whites, go? — A. They go as far as 10 or 12 miles, sometimes 15 miles, from the vessel, till they can just see the tops of her sail. 59. Q. And this in pretty rough weather? — A. Yes ; pretty rough. It might he smooth when they go out, but it often comes on rough before they can get back. 60. Q. In following the seals up the coast in February, March, and April, and May and June, where do you bogin to get them in larger numbers? — A. Off Queen Charlotte Islands. (51. At this time, are the fem.ales in advance of the males, seemingly hastening to the sea? — A. They get through as soon as they can, the males in advance of the females — they haul out first. 62. Q. Some sealers think the cows go ahead ? — A. The males haul out, and each one gets his batch of females, aiul as the cows come in they make up their herd of females. 63. Q. Have you ever, when with scalers, heard the percentage of loss talked of? — A. No; 1 have never heard it mentioned with sealers. 64. Q. You speak from your experience with Indians ? Your percentage of loss of 1 in 10 would be based on actual experience with Indian hunters? — A. Yes; 1 in 10. t)5. Q. You have stated that in the month of May you think there would be more females than in the other months of the season ? At tluit time what part of the ocean would you be? — A. Up olf Queen Charlotte Island. G6. Q You have also stated that the more plentiful the ftxxl, tiie sIow.t tiic seals travel? — A. Yes; they stay longer where the food is. 67. Q. At the end of any of your seasons, have you aftiiiiJiy counted the number of females you had in your cargo? — A. 1 have never done s(5. 68. Q. Have you any idea of your last year's catch, what proportion of I'eniales you had in the coast catch ? — A. I think there would be about 3 males in 5 — 3 males to 2 females. 69. Q. That applies to the coast catch otdy ? — A. Yes ; up to Kodiak. 70. Q. In the Uehring's Sea, what projiortion would it bear? — .1. I think al)out 4 males in 5 — 4 males to 1 female. 71. y. Were y(>u in Uehring's Sea last year? — A. Tiie vessel was. The way I account for getting so many males was, during the beginning ol' July and August, when the females would be ashore nursing their young the greater part of the time. 72. Q. At any time in Uehring's Sea, what lias been your nearest point of hunting to the seal islands ? — A, I have never been clo.scr in hunting than .'50 miles usually 30 to 90 miles otf. We got blown in there once, tiie only time 1 saw the island ; we were vrithin 10 miles of them then. 73. Q. You never saw or heard of any schooners, or spoke any schooner, who made a boast of raiding the islands ?—A. None belonging to us. I heard of the [572] 2 B 186 "Webster," "^ Mollie Adams," the "Hamilton Lewis," and the (lerman scliooncr "Adele" raiding the islands. 74. Q. All these were American schooners? -/4. Yes; except the " Adele." 75. Q. There is no doubt, then, anions^ scalers, that these vessels did actually raid the islands? — A. It has been coninioiily reported, and I have no reason to disbelieve it. 76. Q. Did any of those vessels at that time belong to Victoria ? — A. No ; they did not. 77. Q. Can you advance auN idea as to « hen the seals leave Beliring's Sea ? — A. To the best oi' my knowledfre, about tiie middle oC ()ctoi)er. 78. Q. fs it the accepted idea that tiiose seals which leave JJehring's Sea in the fall are the same that ret\irn in tiie spring ? — A. 'J'liat is my opinion. 79. Q. You have never heard at any time any inducement ever otf'ei'cd by a captain or sailor from \'ictoria to shij) iiu'n or to perform any work with tiie intention of raidins;' those islancls ? — A. Not from a Canadian vessel. 80. Q. It is a fact that every ship-owner and master of Canadian vessels h.as deprecated the raiding of the islands, that is, iiave never agreed with it?- J. They do not agree with it at all. Every one I have; s|)oken to are very ^veil satisfunl to go into the sea and get iheir catcii legitimately. 81. Q. You thiidi there is ample held for hunting seals witiunit I'aiding the islands? — A. Yes, 1 do. 82. Q. Is it your opinion, Captain haing, tiiat witii the increased iiuinl)cr of schooners liere and in San Francisco, tliere will be any material injury to the sealing industrv ? — -A. I do not think so. 8.'i. Q. I'^rom observalions made last year, you are quite of tiic^ opinion that the seals were more plentiful tlian you had ever seen tiuMn before ? — .1. They w're more plentibil last year, 18iM, than the year before, 1S9(». 8-t. Q. Is there any way you can account for that?— .1. None wiiatever, unless it is the same as with any species of fish ; some years you get more tiiaii (jthers. There is no accoiuiting for it. 85. (J. Referring to tlie numlier of feniaies caught in tlu' s|)ring, there are (piite a nundjer of the female seals barren, or have never iiorne young ? Yon have noticed it ? — A. Yes; some are barren that iiave had \oung, and olheis that have not borne. 86. Q. \^'hen you speak of tiie proportion of fcmides kiileil, you nu^an the barren cows as well as those that are bearing voung? -.1. Yes. 87. Q. Have you formed any idea of the general .ueiase or |iercentage of females carrying young killed in April and Mav ?i— .(. I couhi not form any idea. 88. Q. Nor of barren cows ? — A. No, Sir. 89. (J. Would you ha/.ard a statement that all the females, both bearing and barren cows, were certainly less tlian the male seals tak<'n .' — ./. Yes; cert.iinlv less in number. 90. (j. If any one wvvr to m.ike the bold stiitemein that lor every male se.al killed ther<' is a female killed, v.ould it be correct ? — .1. That would not be eoriect. 91. (J. You liav(' nut heard any estimate of the pei'centage oi barren females ;is compared with the bearing cows kil'ed?-./. There are less of the barren ciws killed in the spring than there are in the fall. 1 don't think that they go as far south as the cows that bear young. 92. Q. You say that in Uehring's Sea the males preponderate ? — ./. Yes. 93. Q. Yon cannf)t account h)r tliis, you say, e\ce|it it be that the females are all ashore bearing young? — A. The males we get in the sea are all :i- or l-year-olds, which th(> old wigs would not lei ashore at all. 9-1. Q. .\ie there any " rookeries " along the coast of any extent i* — ./. I hav(! never heard of one this side of the Sluimig.'in Islands. 9o. Q. Year alter year, hunting tlicn, do you lind them travelling along the same course? — A. Yes, where their food is, from 1.") to 35 miles out. 9(i. Q, Your <)|)inioii is that the percentage of loss as compared with those hit would not exceed 10 per cent, with Indian hunters? — A. How do you mean lost ? 97. Q. You say a seal liit and not killed is not lost if it esca|>es ? — /). Yes, 98. Q. 'J'hen the proportion of loss in pro|)ortion to those killer! is about how much — 10 ))er cer.t? — //. It does not exceed that. 99. Q. In the number killed during the dilUn-ent months of the season, what is the proportiou of males to females ? — A. Three males to two females. 100. Q. you are qu master.'^, yoi those inland knowhidge. 101. Q. leaked out ?• it to tliemse 102. Q. ashore ; — A. in:!. Q. they lost ai would siidv, l)Ut if they 101. Q. 105. Q. relative to t 100. Hi were smalle 107. Q. better than better. 108. Q. better than I don't knoN 100. Q, spring mon winter ? — .( 110. Q best ? — A. I 111. Q A. Yes ; a ' 112. Q do the othe of them." 113. Q they come i ' 114. Q A. No, lhe> that the W 115. (J you think t 11(1. U tlie stern b( 117. Q puller, and 118. Q outfit ol' gu so much pc 119. Q 120. Q outlit ; one two or thre 121. (, boat-hel])er nothing. 122. Q if tliev get l'2:i. (, 121. (, hin). 1 lur again, bail 125. ', [67. 187 100. Q. As to the abstention of Canadian sealers from raiding the seal islands, yon are quite positive th.iL IVom your kimw ledt^^c of scaliiig-vcssel owners and maslcrs, you give it as your direct opinion tliat no Canadian scaleis ever raided those i^iiands. Voii woiilii say so ii[)oii oath in Court? — ^J, Tliey never did to my knowlediie. ini, Q. It' sucii a tliin>;- had been attempted, it wouhl, as a matter ol' fact, liave lcai\ed out r — A, Yes ; it stands to reason tiie erews would have been unable to keep it to tliemselves. 102. Q. They would tell it cither to their associates on board or alter pjetting ashore ; — A. They could not keeji it. 10;{. Q. After the hunters L;et aboard at night, they usuallv recount whether they lost any seals, •■uul in speaking of iheii' lo^.s, it would mean (hose seals that would sink, not those that escape >--./. If they lost an\, they woulil not tell it at all, but if they sunk ;iny, they would speak of it. 101. Q. \\)u are at |)resent a ship-owner, Captain Laing? — A. Yes. 105. Q, You have had great (jp])ortunities of hearing from all sources matter relative to the seal lishing V— .1. Yes. \i)C). Has it been noticed that the skins taken last year in the Hehring's Sea were smaller than usual r — A. About the same general si/.e. 107. Q. Is it generally known that the seals caught on the Copper island are l)etter than the averager — .1. I have never seen them, but it is reported they are better. 108. Q. It is reported also that seals caught in .January, Marcli, and April are better than any in ik'hring's Sea; they say the fur is better? — A. They say so, but I don't know that you can see any dilference. 10!). Q. it has been said that the fur of the seals caught during the winter and spring months is light ■• The fur of all animals in cold climates i^ thicker in winter 'r — A. 1 have never noticed that with seals. 110. Q. A few years ago it was said that the iieliring's Sea skins were the best r — A. It has i)cen so reported, but 1 don't think there is any ditl'erence. 111. Q. 'I'he "grey pup" of this year will he a '• brown pup " next year V — A. Ves ; a " li-year-old " or " brown pup." 112. Q. Do the hunters usually follow the grey pups with the same y.cal as they do the other seals': — ,1. They can't tell the dilference till thev are actualK "on top of them." 118. Q. And they are apt to shoot little as well as big 'r' — A. Yes; everything they come across. 114. Q. Were the Indian hunters more successful last year than Wliites '- — A. No, they were not. It was a " stand oil" l)etween them. The only dilference is that the Whites will risk more than the Indians. ll:"i. (J. Till' expensive wages, cost of outlitting schooners, considered, don't you think thai -1 dollars per skin a high hgurc for hunters!' — A. Il is, lltj. Q. How many boats does the average schooner carry 'r — A. Aijout si.x and the stern boat. 117. Q. And each boat takes (hrcjc white men 'r — A. Ves, a hunter, a boat- ptdlcr, and a boat-steercr. 118. Q. The ship t'urnishes the boat, [guns, and outfit "r — A. Ves, the whole oiitlit of guns, aiomunition, provisions, wages for the two men, anil pays the hunter 80 much per skin. 1 19. (j. .\t the present time, how much pel' skin ? — .(. .'i to 4 dollars. 120. , !\nd the remainder mixed cows — bcarini; and barren cows. ■12. Q. j\bout what percentage of baireii cows'r — ..•(. 1 think about cipially divided : about i .O per cent, of barren and l.'i pel' cent, of bearing cows, and 70 per cent. <() njjles Irom shore, in (he month of June. 4J. Q. Is it your o|)irdon that they would be born in the w.'i'or r — A. Yes, or on the kelp. Seals mate in the water, sleep in ihe water, and I have seen |)ups taken from the dead mother on the vessel, and ihiown overboard and swim aiiout awhile in the water. I have watched such pups swim about for half-.in-liour or more. They seemed to have no didiculiy in swimming. 40. Q. Vou have never seen or heard of a Canadian sealing-schooner attempting to raid the Pribylolf Islands .' — A. 1 have never heard of one. 47. Q. If such a thing had been done or attempted it would be sure to be known among sealers '—A. Ves; it would be impossible to keep it a secret. 4S. Q. Is it your o|)inion that our sliip-ou ncr.-^ and masters have done every- thing they could possibly ; they were veiv (|uiet. • 1'.). ^0. (j. Dill you see any serds fi )m the time you were warned out till the time you came thi-ough the pass ': — A. They were just ;is thick as ever within It) miles of the l'"onr Mountain Pass. We were two days sailing through them. It grieved us verv much, I can tell you, to sail through seals .and couldn't touch them, Si, Q. 'J'he Kour Mountain Pass is about what longitude 'r — .1. " 17'2 Pass" we call it. S2. Q. But you say there were plenty ot seals from the time vou were warned up to within -40 miles of this |)ass 'r — .1. Yes ; just as thick as where we had lelt. i^'.i. (^. Will you state in direct evidence, as though in Court, that, as far as vonr luiowl('dg(> goes, no Canadian sealer, ilircctly or indirectly, ever raided or atteni|ite(l to r.iid the seal islands 'r — A. I have had ample op()oi-tunity of learning if such had been the case, and 1 know of none. Captain Cox, continuing, said : 1 didn't take one "bearing"' feniaU^ seal last season in Hehring's Hea. I have taken a few which were evidently " with milk."' SI. Q. 'A'hat |)ercentagc flo you say 'r — A. There; ndght be o per cent, of what 1 took which had h.ad voung; there was evidence of having had young; whether they had last vear or not I ilo not know. (Signed) \\ li;LIA:Nr COX. 7A Sworn bef'oi-c me this 2")th day of .lauuary, 1892. (Siyn(>d) A. li. ^[TT.^•1^, Cnllrclnr of Customs. ^iii^ TREATY SERIES. No. 8. 1892, 'VllBArY AND CONVENTION GREAT iUllTAIN AND THi: UNITED STATES OF AMERICA KULATrNU TO BEIIRING'S SEA. Signed at Washington, February 29 and April 18, 1892. Ratijicalions exchanged at London, Mai/ 7, 1892. Presented to both Houses oj' Parliament by Command oj Her Majeatij. May 18!I2. LONDON: t'lilNTKU FOR Hi;il MAJlvSTY'S STATIONr'UlY OKFICi;, BY IIAltKISON AND SONS, ST. MAliTINS I.ANK, FlU>'TfiB8 IN ORDI^rAllY To IIEK HAJKHTY. And to lio purcbosod, oithor illreotly or through en.v Hooksclhr, from Kybh a SfomswooDE, Ka-ft llaniing Street, KIcc( Strecl, K.(3., aii'l 3'.:, Altiiigdoit Street, Weatiiiinster, S.W. ; or Jouit Uenzies & Co., 12 Uuiiovur Sttcet, Kd>iibur^li, and Uti, West Nile Street, (Ihsgow ; or ll0£uu, Fioais St Co., 104, Uraltou Street, Uubiin. TREATY AND CONVENTrOX BETWEEN GREAT URITAIN AND TllH IIXITKI) STATES OF AMERICA llELATING TO REUllING'S SEA. No. I. Tveiily linlirr,'!! Great firil^iiii iiiiil Ihe Uiiilnl. States (if America. Arliitrnlion rix/ifrlinr/ the Sral Fhher'ws in IMtrimja Sea. Siipied at Wash! mil n„, Fihruunj 29, 1S92. [liiiliflfafionn rrrhniiytil at Limdiin, May ", 1892.] IIf.fi Majesty tlie (iuceii of tlic Unitcn for that purpose ha,c ajipointed a-.i their respective I'lenipolcntiarics : Her Majestv the (lueen of the United Kingdom of Great Hrilain ami Ireland, Sir .lulinn I'auncefote, (i.C.M.G., K.C.B., Her .Maicsty's Knvoy Kxtraordinary and Minister I'lenipotcnliary to Ihe United States; and the I'residenI of the United States of America, James G. Blaine, Secretary of State of the United States ; Who, after having conniiunicated to each other their respective Full Towers, which were found to be in due and proper form, have Bjirted to ;uul concluded the following Articles : — [38G] ARTICLE I. The questions wliicli have arisen l)etwecn the Government of Ilor Tiritainiie Majesty aTul tljo (iovernnieiit of the t'niled States coiieerMiiif; tlie jurisdictional ri^lits of the United States in the waters of Behrin^'s Sea, and concerning also the preservation of the fur-seal in or hal)itually resortins; to the said sej, and the rifjhts of t!ie citizens and svd)jects of either country as rejjards the takinj; of fur-seal in or hahitually resortint; to the said tvalers, shall he suhinitted to a 'rril>unal of Arhitration, to he e(iin|Hjse(l of seven Arhitrators, who sliall he a|i|iointecl in tlie fiillowinc; nianniT, that is to say: two shall he rianicil hy Her Uritannie Majeslv; two shall he named hv tlic President of the I'nited Siaies; his Kxcelleney the President of the I'reneh IJepuhlie shall he jointK' re(|nested Iiy the lliL'h {"imtraelint; Parties to name one; His Majesty ihc Kini; of Italy shall he so re(|uested to name one; and His Majesty the Kint^of Sweden and Norway shall he so requesle the IP preservation of ^:ii(l sea, .-111(1 tlie r\ as re^:u"cly days beyond the three months in Ibis .Vrlicle provided, shall be allowed. If ill the case suhmitlcd to the .Arbitrators either parly shall have specilied or alluded to any b'eport .ir document in its own exclusive ]iosscssioii, without annexing' a copv, such party shall be bound, if ihe oilier parly thinks proper to applv for it. to furnish that |)arty with a copy thereof: and either party may call upon the other, lbrou;^li the Arbitrators, to produce tin' Oiij;inals or certiticd copies of any papers adduced as evidence, uiviiiy in each instance notice thereof within thirty days after delivery of the Case: mid the orii;inal or copy so re(piested shall be delivered as soon as may be, and within a period not exceeding forlv da\s after receipt of notice. AUriCLF. \. It shall i;e the duty of llic A;;ent of each party, within one month after the expiration of the time hiniled for the delivery of the counter-case on both sides, to deliver in duplicale to each of the said .Arbilrators and to the .\i;eiit of the other jiartv a jirintcd arijument showing the points and referring to the evidence upon which his (JovcriiiiK'Ht relies, and citlier party may also support the same bef .re the .Vrbitrators by oral argn;neiit of Counsel ; and the .Vrbitral.irs may, if ihey desire further cluciilalion wuh regard to any point, require a written nr prinit .1 stalemeul or argument, or oral argu nent by Counsel, upon it; bul in such case tile other |iarty shall b.: entitled to re|)Iy cither orally or in w ruing, as the case may be. AUTICLK VI. fii iliiidiiiy tlic iiiattiM-s subinitlL'd In llic Arl)itr;itors. if if (ii;ii-i'(l tliiit llie f(i|l()\viii;; live points shall he siihniitti'd to them, ill order tliat their award shall cinhraee a distinet decision upon each of said live poinK, to wit : - 1. What exclusive jin-isdielidii in the sea mnv known as tlie Ui'hrin^'s Sea, and what ex<'Uisive riidils in the se d tisheries llierein. did liiissia assert and exercise prior and up lo he time of tlie cession of Alaska to the United Stales V J. How fur were these claims of jurisdiction as to the seal (ishevies reeoirnized and conceded liv (ireat Uritaiii? ;!. Was the hody of w iter new known as the Hehrinn's Sen iiicUided in the plirase '• I'acilic Dceaii," as iisul in the 'I'leatv of I •>!'.'> between Ureal Urilain and Russia; and what ri^ilits, if anv, in the Uilnin!;'s Sea, were held and exclnsivelv exercised hv iiiissia after said Treatv"' ■I Did not all tlie rights of linssia us to jnrischction and as t:) the seal lisheries in HehriiiLj's Sea east of the water himndarv, in the Treaty hetween the I'nitcd S;..:, ,iiul Itussia of the MH\i March. ls(!7. pass unimpaired to "i I ■ I'cd Slates under that 'rrciity ? .). lias the I'niled .States any ri^ilit, and. if so, what ri:;lii,Gf pidttction or properly in the fur-seals freipienlinf; the islands of the I'nitcd Stiles in Hehriii;,' Sea when such .seals are found outride the ordinaiy ,i-iiiile limit ; AUTIC! \ II If the (letprminalion of the foiVi;oiiif; (pieslioiis ax to the exclusive jurisdieti.)ii of the United .States si all leave the subject, iu such position that the concurrence ot (Ireat Britain is neeessarv 111 the establislimi'iit of Kei;uliiti(ins for the proper protection itiid |U'escrvatioii of ll.c fur-seal in, or haliitually rcsoiiiii^ to, the riclning Sea, the .\rhitrators shall then (leteriniiie what eoii- rnrreiit Ke;;ulati(iiis outside the jurisdiction. d limits of the respec- ti\c (iovenimeiits are necessary, and over what waters siii.'b Ite^ulalions should extend, and to aid them iu that deterniiuatioii, the iScport of a .Joint C.'oiiimissii;n, to he a])point'.'d by the lespcclive tioveriinieiits. shall be laid helore them, vvith sudi other evidence as either (ioveninieiil may submit. The Iliudi C'ontraitini; Parties furthermore aitree to co-operate in sccuriut; the adhesion of other Powers to such Ueuulutioiis. aim'Icm; \iii. The High Contractiir,' Panics having' fouiul themselves unable to ai;ree upon a reference which shall include the question of tin- liability of each for the injuries alleged to have been sustained by the other, or by its citizens, in connection with the claims pre- sented and urged by it ; and, bciii:" solicitous that this suburdiiiuto \il)itrati)rs. if is Miitlcd to tliciii, f ilc:'isi(Hi ii|ii)ii u kllllWIl lis tlic K' sc il tislii'ric's i|i I" lio lime of .1^ to llic scil ' Hcliriii^'s .Sen n I lie Trcatv of it ri;ilil>, if iinv, 'ly t\prciM.'(l l)v liftloii iinil as V.) •r lioiiiiilai'v, in ^ia of tlio iidtir atfs iiinliT lliat I. "Iial n^lit, of ; the isliiiuU of M'aU are found .lions M to ilie leave tlie .subject fain is neeessarv 1' |ii-ole(.'tion (Old I'siiilin^ to, the niinc what eon- its of tlie irspoc- hat waters sneh at (letevinination, |)|ioiiit','d l)y the llieni, willi sueh ;ree to eo-o|>eiatc UunuUitions. Iieiii.selves iMial)h' e question of the ceil sustairn-d hy llie elainis |ire- this siihordiiiatc 3uestion should not interrupt or lons^er delay the suhinission and etcrmination of the main questions, do ii};rec that either may submit to tlie Arbitrators anv question of fact involved in said claims, and ask for a findini; thereon, the riucstion of the liability of either Government upon tlie f.-iets found to be the subject of further negoti.ation. ARTICLK IX. The Iliyh C'ontr.irtin^ I'arties liavin;,' agreed to appoint two Commissioners on the pait of eaeli (Joierument to make the Joint investigation ami Report eonteinplaved in the preeedini; Article VII, and to include the terms of the said Aijreement in the ])reseiit Convention, to the end ih.it the joint and several Reports and recomnieiidulions of said ("oriiini>sIoiiers may be In due form snbmiltc^d to the Arbitrators, sboiihl the i'oiitiiii;eiicy therefor .iri.se, the said .\','reemeiit is accordiir,'lv herein included as follows: — Kaeb (iit'it»i /ji'firfi'u (I'lrnl llrlliiin uihl llm Uiiiled Slates "f Anwririi. Modus Vivendi in Hehrimfs Sen. Signed III U'lm/iiiii/lim, April 18, IR02. [Halijiriitiun.t exchanged at Lwidon, May 7, 1S02.] WiiRRKAs, by :i (Convention concluded between Ilcr Majesty the (lueen of the United Kingd.)ni of lircal Britain ani;s, ircilt Uvitiiin will it or reniiiiii upon iit purpo'-t'. Firm tlic rinlit of vitliiu tlio Ixmiids iiisi; from liiissin, ■il StiiU's to (iroiit, itainiiii; from tlio i- arhitra'ioM mioii li or caVc-lies as in I taken without an tlie otiuT liand, if le riglit of Brilisli lion coiiipi'MsalioM States (for itself, II limit tlie islainl (litVereiioe lietwecn le opinion lif tin: undue diminutmn L', shall lie siu'li as able, and sliall bo illier of tlio U'ifih st