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32X

SQPRE

UNI ri:D STATES. No. 4 (1S<.»7).

CORRESPONDENCE

WITU THE

UNITED STATES' GOVERNMENT

RESPECTING THE

SEAL FISHERIES IN BEHRING SEA.

Presented to both Houses of Parliament by Command of Her Majesty.

September 1897.

LONDON;

PRINTED FOR HER MAJESTY'S STATIONERY OFFICE

BY HARRISON AND SONS, ST. MARTIN'S LANB,

PMNTIk* Ilf OKDIHAar TO Ria MAfUTT.

And to be pnrchued either directlj nr through any BookMllcr, froa

EYRE AND 8POTTISWOODE. Eaiit HAknixo Staeit, Plcit Stuit, E.G., and

38, Abirodon Stke«t, WtiTMiNina, 8.W, i o>

JOHN MENZIE8 & Co., 12, Hanotik SrmiiT, EoiNUDBas, ah»

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HODGEH, FIGGIS, & Co., Limited, 104, 0>ArroH araEBT, I obiih

[0.— 8662.J Price Is. 2d.

&'*■

lIMMWyilMiil

~^^^■

^150-3^.

TABLE OF CONTENTS.

Nu.

N:ui

n.itp.

StllJJKCT.

\'i>ve

1 Sir J. I'aciiin f'olc

.I.ii.. 18, 1895

3 Colonial Office

4 To Colonial Oflic

5 Colonial Office

94,

Mar. 19,

Apr. 10,

.Mav

€ : To Sir .1. Panncefote , Telegraphic

7 Sir J. I'auncefote . .

f . j » S .■ -. - . t

8 ! To Sir J. I'amicefote. .

Telegraphic

!1 II

Ti'legraiiliic

1 1 I Sir J. raiiiicot'olc

t> •» • •

11.
17,

Pelegraphic

• • • •

'::?•

''i"y;;..;[63l^"

17.

18.

t4.

2S.

21.

Keirtilations L'uvprniti? vessels eiuplovoii in llie
fur-seal fishing. Transmits those approved
hv the Secretary of the I'niled Stales'
Treasury. Sir J. I'anncef'ote's draft of
special liegiilatioiis for the |)ri)lection of
scaling- vessels from unnecessary interference,
and Mr. Carlisle's revised liegnlalions

Working of Award licgidations. Transmits 1
ni.te from United Stales' Secretary of State '
proposing ap|>iiii}tment of International Com- j
mission and miiditu vivendi. under which
sealing would be suspended and the Itegnla- j
tions extended tj the whole of th(^ Pacific
Ocean north of l.'ititude 33' iiorih ,.|

Sealing-np of arms, &c., on board scaling- '
vessels. If Agreement is to be renewed, |
some clear advantage should be otTercd to i
masters of vessels ,, .. .,,

Suggests that Her M.njesty's Government \
should decline to renew the arrangement '•
relative to the sealing-up of arms , .

\
Concurs in suggestion made in No. 4 . j

Her Majesty's Government liave decided not I
to renew the Agrecineut for seallng-up |
arms .. .. .,,

Award liegulations. Purther propo.sal from i
United States' Government (see Xo. '1)

Working of ,\ward Uegnlations (.see No. 2). j
Cannot agree that Regulations have failed. ;
I lor Majesty's Government are unable to j
accept mvdui vivendi. Objections to pro- !
posed Commission. Suggested appointment i
of .Agents . . .. . . j

Snggosted appointment of .Agents to reside cm
the seal islands. .Mr. Gresham's immediate
attention should he cal'ed to the proposal . .

Awaril Uegnhitious (see No. S). Dlijcclions
to United States' proposals Inspection of'
skins is not acceptable . . . .

Award Regulations. Has addrcs.ied note to
United Slates' Government (see No. 8) . .'

Sealing-up of arms (sec No. 11), Transmits
note from tjniteil States' Ciovernment accept-
ing deci'ion of Her .M.ajesty's Government
with regret, and requesting liiitish Naval
Officers may continue sealing-up ol arms in
United Stales' vessels. His reply thereto.
Stateuiciits in United States' press

.Vwnrd liegnlalions (see No. 2). Transmits
note frcini United States' Government pro-
posing to suspend pelagic scaling peniling
negotiations for extcnsi.in ol' protoclive area;
a madut virendi ; a Joint Commission; and
amendment of Regulations ., .,

Sealing-up of arms. Transmits nott' to United I
States' Government in tlie sense of instruc- I
tions in No. 6 . , ., . . | IS

TABLE OF CONTENTS.

Ill

No.

Nnmo.

Date.

15 To Lor.l Goiigli

Paye

Lord Goujili

Telegraphic June 17,1895

12.

17,

11 »»

• •I • •

2s,

1 rp'fide (111 I
irnmediiite I
roDosiil ., I 12

2»

To Lord Gough

., Jiilr 4,

2'-',

»• M

»» »» ••

I* »»

Lord Oough

23,

Aug. IG,

, , I'elegraphio | 29,

• ■•

, Sept. 7,

Sir J. Pauncefote ,. j Telecraphic

Lord (idiiuli

To Sir .1. Pauni.efole

23,

13,

27.

Si nJU'T.

I'affO

bealiii):-up <.f arms uii United Statea' vvstelt i
by Hiitish Naval Otficin (*<■« No. 13). |
Consent ot' MiT .Mnjesly'!" (Jovernment to i
ruiuiiuiance nf . . , , . . i '23

Sealiii^'iip of arms (>pt' No. );".). Transiiiitt
note (roin Initi'il States' (icvermuent .e-
prettins delay in nolilyii't' ritii»al of Hit
.Majcslv's Gosernmi nt tu contiinie. Iteasons
wliv Uniti d States' f •jvcrDinent tlioupiit
arianjienient «as sure to lie made, .

Seiznre ot' lirilisii sraler " Shelby. " Trans-
mits note from United States' (iovernnient
reportinir, and askinjr consent i.f Her .Ma-
jesty's Government, to representation of
United States' OovernmenI by Counsel at
the trial ..

Appointment of resident Acenls (see No. S).
Transmits note from United St.ites" Govern.
j meni rontaiiiini^ new proposal

Iiiadcquacv of liriiisii patrol. Transmits note
from United Stales' Covernmeni. asking for
1 ■ more efficient ro-operatiiin. and reijucstinj^
I early reply to No?. 14 and 17

Sealinir-u]) of arms (see No. ^i'>). Inference
1 draun by United Slates' liorernment Iroin
I identity of Ir-;)4 ami 18U.) Orders in C<iiinci!
! canniit be sustained, a^ subjed was rntside

I of the piirvbnv of tlu lKa4 Onler in
Council

I .Appointment of .esideiil At'ents. Views of

j Her .Maj<sty's Government in regard to

j counler-prnposal of United .States' lioverii-

j iiient (see No. 18)

, Sealinii-np of arms. Seizures of the '• Wan-
derer " anil " Favourite" (see No. (i). I'nll
I statenu'ut of <ireumstances. Her .Xiajcsty's
i Government feel bound to present elauns for
I compeniiition . . ., ..

i Seizure of "Shelby" (see No. 1"}. Ls it the
desire of United Slates' Government to be
reiiresente<i by Counsel lo lake part in the
proceedings, or only to watcli the ca.-c ?

Appiiintment <d' liesidtnt Agents, lias ad-
dressed note to I'niled States' (iovernmcnt
iu the .*ense of No. Jl ..

Sealin;;-'.ip of arms (see No. !.'l). Transmits
lii^port by United Slates' Comma'- ''.'r of
I'utroUii.ir Meet, iilatin^.' that liritis' ealers
Houid piifir ilieir arms to lie scale..

Seizure ot " Wanlcicr ' and " I'avouritu " ( see
Ki>. :>o). Ilistnutitns to .nform United
Mtaivs' Government that Uritisii uHico-s will
not take over any vessel seized Iv United
Slates' cruiser except for a eoiilraventiou
of a Uritish .Act ol Parliani' nt ..

"Wanderer" and " ravourite. " Seizures of.

lias read to Secretary ol State No. '.V2 .. ! ,16

: Seizure of ■■ Shelby" (see No. 2.>). Counsel I

representing' United Slate.-' (iovernnient

would make sui^pestions to llritish (iovern-

nifiit Counsel. .'Similar courtesy would be '

e.\teiideil to Counsel representing tirrat

Hritaiu in United Stales' Cnirts ..

:;s

TABLE OK COXTESJS.

\:-'

(■

Nci

Nime.

Dote

S-JBJKCT.

39 Sir J. Pauncefotc

Sept. 24, 1895

>» >»

; i

To Sir J. Pauncefote

Oc(. 17,

Rxaniinntinn of sii'al skins l>v United States'
InspiTlnrs in Iirili«li ("iiliinibian ports.
'I'rjii^iiiits iiDlf to l"nitoit States' Govcrii-
niiiii cxplaiii'np tliat Her Majesty's OoTern-
nieiit have alrradv dpclincii ilie propnsnl (see
N". 10) .. "

Seizures of ■ Wanderer ' ami ' Favourite."
Transmits replv of Unileil States' (invern-
nient to No. 2'.', adverse to the validitv of
the elainis

Page

Feb. 11, 1896 I Nursiiifr female seals iiilled at sea. Transmits
rnte from United States' (lovernment asking '
lliHl a record njay be kepi . . . ,

21,

Sir J. Pauncefote

!• >l

l» ,) •«

•> »•

To Sir J. Pauncefote..

Mr. Bayard

27,

Telegraphic

40 Sir J. Pauncefote . . Telegraphic

>» i>

Mar. 12,

23,

Apr. 3,

Telegraphic

17,
18,

22,

14,

30,

SeaniiinL' ;ind seiiinsr of British s.alers by
United States' crnisers withont sutllcient
cause. Transmits letter and papers from
Collector of (Customs, Victoria, eonjplaininjr
of. Instructions to address note to United
States' floverninent asking that orders may
he issued to ]>revenl . , . ,

Hevision of liegnlations and nwiius rivenJi.
Transmits text of Kill authorizinir President
to negotiate with Powers concerned, and
Keport of Committee of Ways and .Vteans.
If tnodus Vivendi not concluded and adequate
Hegnlations imt put into force for 1S96,
authority to be given for killing all seals on
the island* . . . ,

Transmits note from United Stales' Uovernment
requesting immediate revision of Regula-
tions 5 .■

Unnecessary interference of United States'
cruisers with Dritish sealers. Transinils
note to United Siales' Government in
accordance with No. 32

Unnecessary interference of United .Stales'
cruisers with British sealers. Complaints in
No. 32 nil; he considered by United States'
Government . .

Revision of liegnlations. Diniinutron of seal
herd not shown to be due to pelanic sealing.
Extermination not imniinent. To ask for
facilities for British ami Canadian Agents to
conduct investigations on islands (see No Hi)

Amplities No. 37

E.xlens'on of Paris Awanl. Has been in-
structed to co-operate willi liussian Ambas-
sador in negotiations for extension of protec-
tive area

Investigation on islands. No. 38 communi-
cated to United .Stales' (ioverninent, who
wish liritisli .\gents lo confer with
'I'reasury officials at Washington on their

4'.)

.57

Facilities will be granted to lirilish naturalists.
Company «ill he asked by Unitefl States'
Government to provide transport (see I
i No. 37) .. .. .. ..I 59

Unnecessary interference with British sealers.
Reply of United States* (jovcrnment to
No. .''2. Cases of " Webster" and " W. Ains-
worlh " will be investigated. Reference to
United Stales' Proclamation or Acts will be
omitted In form of clearance

TAULE OF CONTENTS.

Page

('(1 Sluti's'

an ports.

Go»crii-

's GOTOIII-

iiposnl (sec

■avoiirile."

i" (ioverii-

valiiiitv ul

il9

Transmits

No.

4!)
53

i>6

.1?

58
59

.53

Nnmc.

Sir .1. P.iiincefnte

I
44 I To Sir .1. I'aunci'fotc.

I)3te.

SlJBJKCT.

I'»lf

Sir ,1. r.unicefotc

To Mr. Uav.iril

To Sir J. Paiincefote.

Sir .1, Pduncefote

Mav 1, 1h;)6 Involiu'siion on i>lani!» Trannmils nolf
from Mr. Olnry (n-f No. 42) ..

«2

13,

Telegtaphic

To Sir J. Pauncefote.

Colonial Office

To Sir J. Pauncefote.

Admiralty

To Sir J. Pauncefote

Sir J. Pauncefote

Colonial Office

Sir J. Tauncefole

14,

IC,

21,

23,
28,

June 15,

24,

30,
Julv 6,

30,

24,

Presence of United State*' Counnel at trial* of
Uritisli -ealcr^ nf No. 26) Her Mnjintv's
(loverimient avree to Cmiinel makin^r
sngjiestions. If United .States' (iovernment
»o«l 1 enter into acrecment to satisfy judj;-
iiienl of Court in c.ise of wioncful siiziire,
lliev niiijlit take an active part in tlie con-
duct of proceeding!. Su)rpeetion ai to
appointment of International Court

Ke\'ision of Ue|;u1ations. iJaa addressed note
I to United States' (iuvernuient in sense of

No. 38

j Kxtension of Paris Award l{ef;ulalion«. Pcud-

I ing report from A(>enls, Iler Maji's;y"«

Oovernuicnt cannot enter into ne({oliationa , .

' Visit of Naluralisis («ei' No. 42). Tliey will
be instructed to go via Wusliington

Unnecessary interference with Ilriti^h sealers i
(>ec No. 35). Transmits note for United j
States' Government, .\merican Naval
Officers deny charge of having failed to
seize two American sealers

Revision of Regulations. Transmits note from
United States' (iovernment. Secretary of
Treasury challenges aicnrary of statementi
in No. 3"8 . .

Unnecessary interference with British sealers.
Her .Majesty'* (iovernment do not consider
that reply of United States' (icverniueiit in
No. 41 re:noves adverse impression. Her
Majesty's (iovernment trust that right of
6(aipli will he exercised with discrimination. .

No. 54, and iiistrucl^
States' Govornmeut

to intorni I'nited

Fire-arn)s. Mas addressed note to United '
States' (iovernment in seii,se of No. 52. '
Transmits their reply suggesting further
arrangements..

.Arransenients respecting firearm.', :.nd pro-
posed inspection of skins by United States'
nflicers. Kemarka ou No. 56

Fire-arms, &c. Arraiigeim nt- made tu insure

that no arms should l)e carried . . . . 66

Fire-arms, &c. Transmjts No. 51, .ind in-
structs to inform United States' (iovernment
of arrangements .. .. .. 71

Alleged decrease of number of seals owing to
pelagic scaling. Explanations in reply to ;
No. 40 .. .. .. ..| 72

Movenunts nf Hritish patrol sliips. Transmits !
Heport fri'm liritish Admiral, explaining i
reasons foi arrangements in \>i9'>. Three'
ships will patrol in luftti, and more cruising
will he done . . . . . . ..72

Movements of llrilish patrol ships. Transmits j

PreaiDce of United States' Counsel at trial* of
Hritish scales. Transmits reply of United
States' (iovernment to No. 44. Proposal
will he considered .. .. . . i 77

»*^

■.iu'1.1 .u'l ^ji'^ mmmmmmm

TABLE OP CONTENTS.

No.

Namp.

Dale.

69 1 To l.iiril Guugii , . IVlpgraphic

CO Lord Gou.'li

61 (.'ilonial Onice

C'2 'In Lord {jOii''1i

£3 I Lord Cioii-h

IVU'graphic

Aug. 3, 1896

Si njEc r.

18,

I'o Lord Gou'.'li

Lord Oough

»> t»

S7 I To Sir J. I'iuiiicerotc, ,

i .

68 ; Sir J. I';iuiiccfoto ..

i
I
I

69 'I'o I-vr .1 Panncefoto..

70 Sir J. Pauiicefiitc
t

7) ' To Sir J. I'nuncL'fote .

f» It ••

Sir .L P.iiiiicofole

j Sept. 1,

All''. -26,

' S'pt. 0,

21,

Oct. 14,

Nov. 14,

Firi'-armt, and Inspection of skins (sec No. 56).
Her Majesty's CJ(.verr.nieni cannot enter into
propn«ed nrrnnnements. Fiirllier reply will
lie fent fsee No. G4) .. .. ,,

I ire-aruis and iiispecliun of tkins, C'iiiiadian
Government wish final decision to lie post-
poned until tlieir views liavc been considered

Firo-nrms and inspection of skins. Transmits
ti'le^irnm from Canadian Governnii iit. con-
enrrin;; in proposed answer to No. iJU. Tlicy
would affree to first portion of proposal with
one alteration. .

Fire-arms, Transmits extract from despatch
from Admiral I'alliser reportinjr arrange-
ments , . . . ..

Fire-arms and inspection of skins (see No. 59).
Transmits note to United States' Govern-
ment, and tlieir reply

Fire-arms and insjiertion of skins. Transmits
No. 61. Views (if Her .Majesty's Govern-
n-.cut

Page

I .

-li

Fire-arms and iinpielion of skius.
on instructions in No. C4

Has acted

Do;. 17,

Telegraphic

.Ian. 14. 181*7

2G,

Mar

Fire-arms and inspection of ^kins. Transmits
note to United .States' (iovcrnment, and their
ri ply. sugiicsling postponement of the ques-
tion until the receipt of Dr. Jordan's
Report

See No. 6r. Ayre^s to United States' pro-
posal to postpone discussion of the question.
Itevision of Regulations is not contemplated
at present

Fiie-arms and inspection of skins. Transmits
further note from United States' Govern-
ment, askiiifr early attention to these ques-
tions, and inclosmtf Treasury instructions |
with regard to examination of skins .. ;

Reply to above. Legislation would be required ,
in Canada for compulsory examination of j
skins . . . . . . . . i

Ueprcsentation of United States' (lovernment [
at trials of liritish vessels seized in Behring
.Sen. .\n answer slioiihl be obtained as to
the suu'aestion that each GnvernnH'Ut should
ajireo to s.iti.-!v the jiidifment of the Court

in ease of wrencful seizure,
(f " Beatrice "

Kefers to case

19.
'i3,

Inspection of skin>. Mr. hhernnm asks for an
answer . . . . .. .,

^lission of 13ri;ish .Agents. Note addressed
tn .Mr. Shirman (see No. 71)

8:i

Inspection of skins at Columbian ports. Mr.
Olney inquires when Canadian Government
will be prepared to take action .. ..'86

Professor Thompson's Report will be furnished
to United States' Government as soon as
printed. No reason to fear early extermina-
lion ot seals. Inslrnctiuns to ask for facili-
ties for British Aqenis to revisit Pribylofif
Islands this year

87
88

TABLE OF CONTKSTS.

Vll

Pagf

No. 56).

ntor into

ri'])ly will

• .

-li

Canadian

be |i09t-

Dnsiderc'd

Vanimits

cut. con.

t). Tliey

Ofal with

despatch

arrangc-

• •

No. 59).

Govcrn-

• •

"ransinils

Govi'rn-

• •

las acted

• •

'ransmits

and their

he ques-

Jordan's

•■

lies" pro-

question.

i>m];latfd

••

"■ransmits

Govern-

Dso quos-

tructions

••

8;l

required

nation of

rts. Mr.

vernment

••

furnished

enon as

Ktermina-

ior f'acili-

I'ribyloff

•■

vernmeni

1 Boliring

led as to

It should

he Court

s to case

••

ks lor an

••

addressed

, ,

No.

Naiie.

Date.

Mr. Wliito..

Tfi To Mr. White

.\|)r. 10. 1S97

li.

77 , Sir .1. I'auncefote . . Telcjiraphic H,

'8 „ „

I
79

80 To Sir J. I'auncefote. . Telegraphic

. I

81 I .Sir .f. Pauncefote .. iTelcgraphie

82 j To Sir .1. Paur. - fote, .

?f »» ••

)i »

85 Sir J. Pauncefote . .

If »t • •

87 To Sir J. Pauncefote.. jTelepraphic

I »1 15 . «

9,
1.1,

••il,
22,

Telegraphic 28,

.. Telegraphic 2S,

20,

20,
May 1,

89 j Sir J. Pauncpfoti . . |Telegraphic 3,

I 1

90 To Sir J. Pauncefoie . ..

>i iijt; T

,1'a?'

SuL'tri'stii)!!* for a vti>il».t rivinii <*u«p*'nti.u_' iili
killiii;: .it sraU in Ml'?, alwl tor a Ji'inl
CoiilVrinre of the Powers corciri.ed. It
woiiM \>i- f.iial to p(i«tpoiie revision ut Id-
gulations till after IttlJti

S'.l

I. rcniniuiii.alioii wiU receive ininiedia'i' <oii-

fiiieraiimi . . . . 90

l-'acililii-« villi be nreoh'rd fur rri.tr*-"r
I hduipson. It i-i lioiied that Dr. .lordaii
niav aecomiiaiiy liii". Ha* n por'ed by
dtspatib (■(iimiiiinii-alioii^ wiili Mr. Sherman.
Mr. I'">ler I'lmiinaleil In neiidliale

.Mr. Slierii an -M<.-|.'esl» a C'o,;ferei.c'i', ami »Ub-
pi'ii^ioii of sialini: ■ ■ • . •>

Transinu 'loti' from .Mr. Sliirm.in nrciiiR i
siispen»ioii of all sealinc in 18S7 and a j"iiit
Coiiferinee. Nn rej.ly icspectinir lliilish
I Agents

\ note in tlic -ense nf Xo. 79 received fmin
.Mr. Wliitc. Instiiictidiis «ill be sent

Profe.'snr riii)nip.*on'-. vi>it U> the Se.al l«laniis
will be welcomed, and orders will at once be
issued for laeilitiis to be given him . .

Ilefers lo No. 75. Sends Professor Tlioinpson's
Kcportwiili eominrnt> upon it. Dr. .lordan's
Iteport lioes not warrant statement as lo
I pro>|iective early extiiieUnn of seals. I'eiagic i
! sealing cannot be prohibited this \ear unless ;
I compensation it given. Purther investi.'a-
I tion necessary before the Hegulalions can be '
revised . ,

Professor Thonipson will be welcomed (see
Xo. 81)

Her .Majestj's Ciivernmi nt aij:ee lo sealing-np
of arms on the applic.itioii of the master.
Canadian tioverninent cannot concur in pro-
posed inspection of skills by Inited Slates'
ollieers (sec No. 73) ,,

j Reply In No. 7!>. Further invrstijation is re-
I quired before entering upon a Conference for
revi«ioii of liegu'atioiis..

'.'5

Presumes facilities will be granted for .Mr.

Macoun (see Xo. bl) .. .. 9C

Professor 'I'hnmpson will remain in Unssian I
Islands till towards end of July. Offers a
passage in one of Iler Majesty's ships for
Ijr. Jordan , . .. . . .96

United State-.' (ioverninent are not iti^posed
to undertake prcecntions and satisfy judg-
ments in case of wroiiofiil seizure. They
are fully satisfied with privilege of watching
casrs (see No. 72) ,,

S".iliiii;-iii' ol' .Trnis and inspcrtion of skins, i
.Aniiihties X". ^7 Quotes case of " Kale. ' |
Ivxati. illation would be of little use ,, | 98

' pacilitiet will be giviMi to .Mr. .Mae(.un. OlTers
passage in ii revenue vessel (see No s,i).
It is not probable that Dr. Jordan will avail

I himself of otfiT in Xo. 84

y'J

Vlll

TAllLK OF CONTESTS.

*15

No.

91 Sir ,1. l'.iiiii.Mfiile ..

'J4 Mr. Slicrin.iii tc
Mr. llnv

(»5 To Sir .1. I'auncffole. .

96 Sir .1. Pauncefotf ..

97 !

Date

Subject.

I',,gt-

A|ir. -23, lsa7

.May 3,

«.

10.

TeiPgrapMc

100

10 1 , Mr. Tower.

102 i „ ,.

103 To Mr. Adam

i04 Mr. Adam..

103 Colonial Office

1C6 To Jlr. llav

107 To Mr. .Vdam ,, Telfgraplii

27,

J8,

18.

June 5.

20,

30,
July 5,

21,
16,

2G,
2S,

30,

l'ro>\.'"«or Tlionipxm '» luovpim-nts ; tnrilities i
for .Mr. Mai-onn ; otTrr of [mssa(.'e to
Ur. Jordan. Trautniits nutu to .Mr. Slu'r-
min ,. .. ,.

Svt' No. !•!. Transmit!' Mr. Shi-rmaii'ii reply..

f nstruclitns in No. 82 have been can .ed out . .

Reply to No. 82. Comments on i'rofessor ,
Tliiim;>son'9 Iteporl. Hefem to proceedings
at the .A rliit ration in I'aris. IiidilTer*'iice of |
liriti^h (iovernment to appeals fur prompt
action; their mode of carryinj; out .Award, i
Hopes tliey will consent to u Conference .. ,

British gun-boats for patrol in liehring Sea

Instruction!! in No. 90 have been carried out ..

Instructi( ns in No, 88 have been carried out ..

Instruetif u» sent to Pribylolf Islands for j
facilities to be given to Profesfor Thuinpuun
an.i .Mr. JIucoun .. .. ..|

Sealing-up of arms and inspection of skins. I
Transmits onte to Mr. Sherman and his
reply, in which Uegulations for 1S97 are
inclosed ; also a further note to Mr. Shcr- ,
man, asking whether proposal for sealing-up ^
of arms is acceptable . . . . . . '

Sealing-up of arms. Transmits M-. Sherman's !
counter-proposal, and the answer returned to !
him. . .1 .. , . .,

Sealing-up of arms. British propcis:il is nut
acceptable to United States' (ioveinment ..

Patrol fleet. The President iiopes number of
liritish vessels »ill be increased rather than
reduced . . . . , .

Patrol fleet, A third vessel will be sent

Mr. Macoun. Has expressed thanks of Cana-
dian Government fur facilities

Observations upon .Mr. Sherman's despatch of
10th May

Her Majesty's Government are willina: to agre.-! I
to a meeting of British aiid United Stales'
experts to endeavour to arrive at correct
conclusions respecting the seals frequenting
the PribUolf Islands .. . ..;

Sealing-up of arms. British officers instructed
to seal up urnis und ammunition of any
British vessel which applies to them

102
102
103

104
III
111
111

112

112
116

lis

119
120

120

130
I 130

tarillties I
assa^'e to i
Mr. SluT-

.. 102

11 a ri'plv. . !0'/

i.eil nut .. 103

Correspondenco with the United States' Goveinmeiit respecting
the Seal F'isheries in Behrinjj; Sea.

104
111
111
111

112

112
I1&

lis

1I»

120

120
120

130
130

No. 1.

jS'V J. Pauncrfote to the Earl of Kimberlei/, — {Receivrrf JmuLury 28.)

My Lord, W- hirigton, Jnnuary 18, 1805.

I ILAVE tho honour to report that, on tlic 15th ultimo, tho Secretary of Stnte
transmitted to me in a copy of " Ilegulations approved hy tho Secretary "♦' tluj
Treasury lor the frovei-nment of vessels that may he employed in fur-seal fishing in the
season of 1895."

On examining those Regulations I was inclined to think that they could iiardly
have received the personal attention of the Secretary of the Treasury, and they wore
certainly not in a form in which I could reasonably i)e expected to transmit them to
your Lordship for tiic consideration of Jler Majesty's Government. I therefore
arranged with Mr. Gresliam that I should discuss the matter jiersonally with the
Secretary of the Treasury, as I did last year, Avith respect to the itegulatious for tho
fishery season 18!M.

I accordingly called on ^Mr. Carlisle at the Treasury, and pointed out to him
that, so far as Great Britain Avas concerned, sufficient provision had been made by
"The Bchring Sea Order in Council No. 2" (of the 2«th June, 18U1) to give
eifect to Articles 4 and 7 of the Award Regulations which relate to the sp<!cial
licence, the distinguishing flag, and the fitness of the men to be employed in tho
fishery.

It would seem that " The Bchring Sea Order in Council No. 2," although
referring in *]\c third recital to tho arrangements made for the " present year" (Ibyi),
is of a permanent character, and unless repealed will apply to a renewal of tho same
arrangements for 1895. But I gather from the correspondence with the Canadian
Government that some doubt exists on this point.

In conversation with Mr. Carlisle, I assumed that Her ^Majesty's Government
desired no change of those arrangements, which had been made in pursuance of
Articles 4 and 7 of the Award Regulations, and that the only question, therefore, to be
dealt Avith was as to the renewal of the Regulations agreed on last season for tho pro-
tection of sealing-vessels from unnecessai^ interference Avithin the area of tho Award
during the close season by enabling them voluntarily to liaA'e their implements of
fishery sealed up by the proper authorities.

The draft transmitted to me hy Mr. Gresliam (Inclosure 1) contained provisions
on that subject and on other matters which could not be accepted by Her Majesty's
Government.

In tho first place, the sealiiig-up of arms, &c., Avas in one eaf^e made coinpulsory
instead of voluntary, and other restrictive provisions Avere inserted Avhieh Avere not
Avarranted by the Award. Moreover, the provisions as to tho sealing-up of arms
appeared to me too comi)licated.

Ml'. Carlisle, AA'hile concun-ing generally in my objections to the draft, stated that
the Regulations as to the voluntary sealing-up of arms had AA'orkedso well, and for the
benefit of the fishermen during the last season, that he could not doubt the willingness
of Her Majesty's Government to rcnvi>- them for 1895.

lie proceeded to ask me Avhether I would supply him Avith a draft of Regulations
on the subject, such as I thought would be acceptable to Her Majesty's Government ;
nearly the Avhole of his time and attention being at the present juncture absorbed by
the currency measures now before Congress. I consented to do so, guarding myself,
hoAvever, against committing Her Majestv's Government to any draft which I might so
[638] ' B

prepare nt liis request, -nr ! wliieli 1 coukl only Bul)mit to your Lordsbip for oonsidera-
tion. Aocordin-lv, a I'lmv dnys later 1 supplied :Mr. Carlisle Mitli the draft of Eemi-
lations for tlio voluntarv scalinir-up of arms, of uliicli a copy forms liidosiire 2 of
tins despatch, lie exjm'ssed his approval of that drall, and slated that ho was willin;,'
to adopt it in lieu of the provisions drafted in his Pejinitnient, hut with refcrenee to
Article 8 lie urged that it would be very desirable for tiie eo.ivenionce of all i)artios
that, as by Article of the Award Regulations the uso ol shot-guns is prohibited in
Behring Sen, though permissible outside, sealing-vessels should be compelled to deposit
their shot-guns at Unalaska before entering ]3ohring Sea.

He begged me to submit tliat proposal to your Lordship. Yesterday I received
from ;N[r. Carlisle a draft of Ilegulations revised by himself, a copy of which forms
Inclosurc 8 to this despatch.

The first three Articles merely repeat the provisions of last year in relation to
the special licence, thci distinctive liag, and the litness of the seal-hiuiters to be
employed.

Articles l, 5, and G embody my own draft (Inclosurc 2) in relation to the
voluntary sealing-up of arms, &c.

Article 7 is a useful provision enabling United States' sailing-vessels to obt:iin a
upccial licehce iu Japanese ports.

Article 8 declares that the Regulations apply only to the se;>,son 18!).').

MK Carlisle's revised Regulations do not appear tonieto be open to any objeclion,
and I aAvait your Lordship's instructions on the subject.

I have, &e.
(Signed) JULtAK rAUNCEFOTE.

■'ft

Inclneure 1 in No. 1.

Recjitladons governing Fasseh employed in tli'- Fnr'Sai! Fishing.

ARTICLE 1. Every vessel employed in fur-seal fishing shall have, in addition
to the ])apers Jiow required by law, a sjioeial licence for fur seal fishing.

Art. 2. Before the- issuance of a special licence, the master of any sailing-vessel
proposing to engage in fur-seal llshing shall produce satisfactory evidence to thoofiicer
to whom application is made that the luuiters employed by him arc competent to use
tho weapons authorized by law.

Art. 3. Every sealing- vessel ])rovided with special licence shall show under her
national colours a Hag, not less than 4 feet square, <!omposed of two equal pieces,
yellow and black, joined from the right-hand upper corner of the lly to the left-hand
lower corner of the lull', tlu> part above and to the left to bo black, and tho part to tin;
right and below to be yellow.

Art. 4. Fire-arms, net&, or explosives .shall not be used at any time for taking or
killing fur-seals in that portion of Behring Sea deseribtd in tin; Act approvf^l iho.
(Jth April, 181)I, entitled "An Act to give effect to the Award rendered l)y th(>
'{ribunal of Arbitration at Paris, under tlie Treaty between the United States and Great
Britain concluded at Washington the 2!)tl; February, 1892, for the purpose of submitting
to Arbitration certain (piestioJis coneernijig the preservation of Fur-seals."

Art. 5. Any vessel in a home or foreign jiort, wishiiig to (Uigage in fur-seal
fishing, and to Pail from such port during the months of Jlay, .luue, or .Inly, may
apply, if in a jiort of ilie United States to tho Chief Customs ollicer, or if in a foreign
jH)rt to a ('onsular olhcer, to have the sealing outfit of such vessel secured under seal,
and the fact noted on her special licence for fur-seal fishing. Such seal shall not be
bi-okeu during the time fur-seal fishing is prohibited.

Art. 0. Sealing-tiessels in the North Pacific Ocean, east of ISO'' lohgiiudc : hnir fn secure
ISafe-condnvt to Home Port or to Behring ><€(i during the months of May, June,
and Juli/.

. Any vessel having licence to hunt fur-seals in the North Paefic Ocean and
Beliring Sea, east of IhU' hnigilude, shall, before entering Behring Sea, except to
pro<*ee<l direct to the port of Unalaska from the Pacific Ocean, via jiasses easlvvard of
that i)ort, repoi't to a Customs ollicer of the United States, or an oilieer (»f tlie United
States' navy, ai\d Imve all arras and ammunition thereibr on board secured under seal.

p for ooiisidera-
Iraft of l^ogu-
liiclosiirc 2 (if
t lie Avas will in;,'
itli roforciice in
! of nil parties
is proliiMlcd in
polled to deposit

•rday I received
i)f which forms

r ill relation to
■hunters to he

relation to tiie

sols to olituin a

o any ohjociioii,

[IXCEJ'OTK.

ave, in addition

\y sailiiiif-vcssol
ico to thoofliccr
mpetent to use

how under her
[) equal pieces,
U) tlio left-hand
tlio part to the

^ for takiiii^ or
t approved the
'udercd hy the
tates and Great
t; of sulnnittiui'

3."

ffe in fur-seal
, or July, may
if ill a loreiyii
■ed under seal,
il shall not he

hnir In securr
of May, Juiiv,

flc Ocean and
Sea, except to
ses east ward of
of the United
cd uuder seal.

Such seal shall not bo broken durin;,' the time the vessel is in Ikdirin;^ Sea, or fur-seal
fishing is jirohibitcd. In order to protect vessels found within the area of the Award
between th(! 30th April and the 1st Aui^iist, but which have not violated the law,
from improper seizun? or detention, tiie mastei-s thereof may, by applying to the
Commander of any erniser or to a Customs otbcer, and declaring that he intends to
pr(ice(.'d to a home port or {>, ]$eliring Sea, have her sealing outfit secured under seal,
and the odicer ])lacing this seal shall enter the fact and daf<' of the same upon her
log-book, with the number of seal-skins and bodies of seals then on board, and Raid
seal shall not be broken during the time fur-seal fishing is iirohibited, except at a
home port.

Art. 7. Vessels in the North Pucijic Ocean, west of ISO' longitude ; how to secure 'Snfe-
conduct to Home Port or to liehrimj Hea.

Vessels in .Japanese waters or on the Siberian coast, west of 180° longitude,
Misiiing tf) r(>turn to a home port during May, June, or July, may apply to any
United States' Consular olllcer, and have their sealinsr oudlts secured under seal, and
the fact entered on their log-books. Such seal shall nut he broken except at her home
port, and such seal and (Mitry shall constitute a sullicieiit prolection against seizure
whilst within the area of the Award on their direct jiassage to such port.

Vessels in Japanese wat(!rs or on the Siberian coast, west of 180° longitude,
wishing to enter Uehring Sea, may ajiply to any United States' Consular olDccr aud
have their firi!-arras and ammuniliou therefor secured under seal, and the fact entered
in their log-books.. Such seal shall not be broken Avhilo in Behriug Gea, aud such seal
and entry shall constitute protection against seizure.

Art. 8. Any vessel described in the ])rece(liiig paragraph may obtain special licence
for fur-seal fishing upon application to the Cnited States' Consular ollice of any l)ort
in Jajian, after furuishing the evidenct! required in Article 2.

Art. 9. The aiiihority liereinbeforB granted to United States' Consular officers,
Customs officers, and ollicers of the United States' navy may be exercised by like
oilicers in the sei-vicc of the Government of Groat Britain, except in ports of the
United States.

These regulations are intended to apply onlj to the season of 1895.

Inclosure 2 in No. 1.

Fuk-Seal Eisukky (Season 1895).

Speci(d Itcgulut ions for the Prolection of dealing-vessels against utiHecessartj Interference

or Detention during the Close Season.

1. In order (o protect from unnecessary interference or detention wiUun the area
of the AwaitJ during the close season (that is to say, between i\w 30th April and
1st August) sealiiig-vessels which have not violated the iaw, any sealing-vessel Inwlully
traversing, or iiit ■uding to trav(>rse, the area of the Award during the close season on
her way to her home jiorl or any other port, or to or from the sea ling-grounds, or for
any other legitimat(> purpose, may, on tii(> application of the master, have her sealing
outfit secured under seal, and an entry thereof made on her clearance and log-book, and
such s aling-up and entry shall he a jirotection to the vessel against interference or
detention during the close season by any cruiser, so long as the seals so atfixed shall
remain unbroken, unless there shall be evidence of any violation of the Fishery Articles
notwithstanding.

2. Such sealing-u]) and entry may he elVeeted, in port or at sea, by any Nayal,
Consular, or Customs officer of the nation to which the vessel belongs.

It may also be efleeted in the case of Jiritisii sealing-vessels at the Island of Attou
by any Naval or Customs cjfficer of the United States in the absence of any tiritiah
Naval or Consular otlicer.

It may also be cH'ccited at sea us regards British vessels by the (!ommander of a
United States' cruiser, aud as regai-ds United States' vessels by the Commander of a
British cruiser.

[638] B 2

r.^

t,.

r:r

If the muster shall so flosirc. the officer effecting the sealing-up and entry shall
deliver to liim a ceitilicale of the number of seals and seal-skins on board at that date,
keeping a copy of tlie same. ,. ^ x-

3. And whereas, by tlie Gtli Fishery Article ot the Award, the use ot nets, tiro-
arms, and explosives are forbidden in the fur-seal fishery, but that restriction docs not
apply to sliot-guus when sucli lishing takes place outside of Bchring Sea durmg the
season when it may be lawfully carried on, any sealing-vessel having shot-guns and
ammunition on board may, before entering Behring Sea, on the " application of the
master, have the same secured under seal, and an entry thereof made on her clearance
or log-book : and such sealing-up and entry may bo ellectcd ia the same manner, and
shall afford the same protection against interference or detention in Behring Sea during
the season when the ilshing may lawfully be carried on there, as the securing of sealing
outfits under the 1st Article of these Itegulationa.

4. The foregoing Regulations arc intended to apply only to the season of 1895.

Inclosure 3 in No. 1.
Regulations governing Vessels employed in Fur-seal Fishing.

ARTICLE 1. Every vessel employed in fur-seal fishing shall have, in addition to
the papers now required by law, a special licence for fur-seal fishing.

Art. 2. Before the issuance of the special licence required by the tth Article of the
Award, the master of any sailing-vessel proposing to engage in the fur-seal fishery shall
produce satisfactory evidence to the officer to wlionia])i)licationis made that the hunters
employed by hiin are competent to use with sufficient skill tlic weapons by means of
which the fishing may be carried on.

Art 3. Every sealing-vessel provided with special licence shall show under her
national ensign a flag, not less than 4 feet Avide, com])osed of two pieces, yellow and
black, joined from the right liand upper ct)iuerof the fiy to the left hand lower corner
of the luif, the part above and to the left to be black, and the part to the right and
below to be yellow.

Art. i. In order to protect from unnecessary interference sealing-vessels within the
area of the Award, during the close season (that is to say, between the 30th April and
the 1st August), but which have not violated the law, any sealing-vessel lawfully
traversing, or intending to traverse, the iirea of the Award during the close season, on
her way to her home port, or to or from the sealing-grounds, or for any other legitimate
purpose, may, on the application of the master, have her scaling outfit secured under
seal, and an entry thereof made on her clearance or log-book, and such sealing-up and
entry shall be a protection to the vessel against interference or detention, during the
close season, by any cruiser so long as the seals so affixed shall remain unbroken,
u ' .ss there shall be evidence of any violation of the Fishery Articles of the Award
notwithstanding.

Art. 5. Such ?c;iling-up or entry may be effected, in port or at sea, by any Naval,
Consular, or Customs officer of the nation to which the vessel belongs.

It may also bo cirected in the case of British sealing-vessels at the Island of Attoii
by any Naval or Customs officer of the United States in the absence of any British
Naval or Ccnsular officer.

It may also be efl'ected at sea as regards British vessels by the Commander of a
United States' cruiser, and as regards United States' vessels by the Commander of a
British cruiser.

If the master shall so desire, the officer elfeetiiig the sealing-up and entry shall
deliver to him a certirieate of the number of seals and seal-skins on ))oard at that date,
keeping a copy of (he same.

Art.Ci. Aim whereas, liy the (>th Fishery Article of the Award, the use of nets,
fire-arms, and explosives is f'c/rhiildcn in the fur-seal fishery, but that restriction does
nol npply to shot-Lrniis when sucii fishing takes place outside of B(>hriiig Sea during the
sc;.son when it may lawfully l)c carried on, any sealing-vessel having shot-guns and
amuuinition on Imard may. lieioie entering Ifehring Sea, on the application of the
master, have tlie same secured iiiider seal, an 1 an entry tli(>n>of made on her elearanc<>
or log-hook ; and such sealing-up and entry may be ctl'ccted in tlu; same manner, and
shall aiVordthe same pnitei-liim against inferfereucc or dclention in Behring Sea during
the season when the fisliery may lawfully be carried o:> there, as the securing of sealing
outfits under the last preceding Regulation.

1(1 entry shall
d at that dato,

of nets, fire-
3tion docs not
ea during the
hot-guns and
ication of the
her clearance

nianner, and
ng Sea during
ring of sealing

on of 1895.

in addition to

I Article of the

al iishery shall

lat the hunters

hy means of

ow under her
es, yellow and
I lower corner
the right and

isels within the
0th April and
ressol lawfully
ose season, on
;her legitimate
secured under
ealing-up and
m, during the
iin unbroken,
of the Award

by any Naval,

sland of Attou
of any British

nimander of a
nmander of a

id entry shall
i at that date,

' use of nets,
striction does
Sea during the
ihot-guns and
cation of tlic
her clearance
manner, and
ng Sea during
ring of sealing

Art. 7. Any vessel of tlif rnitfd States may obtain sju'cial licence fur t"nr-sc:il
lishing upon aiiplication to tliC Cliicf < )IIii'('r of the Customs in any jiort ul" ihf L'nitcd
States, or to the United States' CoMsul-ir ofiicer of any port in .):i2>:in, and cDUiplying
with the recjuirenu'iits of these licgnlati(jns.

Art. 8. The foregoing Kegulations are intended to applv only to tiie season of
1895.

No. 2.

Sir J. Pauncpfote to the Earl of Kimberley. — [Receii-ed Fehriiunj '2.)

(Extract.) U'dshin^ton, Janunrij 2t, 1895.

I HAYIj tlie honour to transmit to your Lordship a copy of a note wliicli I received
yesterday from the Secretary of State in relation to the working of the Award Ke,,ula-
tions for the government of the fur-seal fishery in part of Behring Sea and of the Nortli
Pacific Ocean.

A strong effort is being made to reopen the whole question of the Fishery Regula-
tions, on the ground that the Award licgulatioiis are shown by experience to have
entirely failed in their object, which was the preservation of the fur-seal species, and
tiiat, unless a speedy change be brought about in those Regulations, externiinatiou of the
herd must follow.

The United States* Government base that conclusion on the Returns from United
States' Customs otFicials, and from the sales of fur-seal skins in London.

In order to avert the deplorable result which they predict, they propose the imme-
diate ajjpointment of an International Commission, in whidi Great Britain, the United
States, Russia, and .Japan should be represented by expert.s, eminent for scientific know-
ledge and practical acquaintance with tiie fur trade.

They further suggest that, pending the deliberations of the Conmiission, the Govern-
ments above named should agree to a wmhts rlrcndl, under which sealing in Behring Sea
should be absolutely prohibited, and the present Fishery Regulations now in force should
be extended along the line of the 3yth degree of north latitude from the American to
the Asiatic shore, and be enforced during the coming season in the whole of the Pacific
Ocean and waters north of that line.

Inclosure in No. 2.
Mr, Gresham to Sir J. Pauncefnte,

Excellency, Deitarlmcnt nf Slate, Wrinhimjton, January 23, lS9,"i.

I HAVE the honour to inform you, for comuuniication to your Government, of the
deep feeling of solicitude on the part of the President of the United States with regard
to the future of the Alaskan seal herd, as disclosed by the ollicial Returns of seals killed
at sea during the present season in the North Pacific Ocean, filed ni tiie respective
custom-houses of the United States and iJritisli Columbia, and by reliable estimates of
skins sliipped to London from the Asiatic coast by way of the Suez Canal.

It would appear that there were landed in the United Slates and Victoria 121, 113
skins, and that the total pelagic catch, as shown by the London trade sales and careful
estimates of skins transhipjied in Japanese and Russian ports, amounts to aliout 112,000,
a result unprecedented in the history of jielngic sealing. It would further appear that the
vessels engaged in Behring Sea, although only one-third of the total number employed
in the North Pacific, in four or five wecl<s killed •'U,58o seals — not only over 8,000 more
than were killed in Behring Sea in 1891 (the last year the sea was open), but even more
than the total number killed during the four months on the American side of the North
Pacific thi - ison.

This stiirtling increase in tlic prlii;;ic sinugiitcr of ho'.ii the Auierican iind Asiatic
herds has convinced the President, and, ii is respt-clfnlly sulimittid, Ciiniml la 1 ti conviiici!
Her Majesty's Government, that the UcLnilatinns enaclcd liy flic Paris friluiivil !iavc irot
opiratcd to protect the seal herd from that destruction wliicli they were (le-i;;iied to
prevent; and that, unless a speedy change in the Regnlations i)e Itronniit ahont,
exterminatioM of the herd must foUou. Such a deplorable result should, if po«-iblc, bo
averted.

Tlif I'xperiencp, of the past year uiitlcr the Rof^ulalions lias demonsiratod that not
alone, are fiie Unitcil States anil Groat Britain deopiy interested in the ,iroservation of the
seal herd ; Uiissia and Japan have interests eonimercially, almost as important. Any new
system of Hef^ulations of necessity should emhrace the whole North Pacific Ocean from
(lie Vsiatic side to tlie American side, and should he hinding upon the citizens and suhjccts
alike of .'dl of these coimtrics.

In order *o ad<l to our scientific kno\\ledi>e upon this question as to tlie lial)its of the
seal, its feeilin.n- grounds, and the efl'ect of pelagic sealing upon the herd, and other similar
(pie.-'uons, tlie I'resident deems it advisahle to suggest to Her Majesty's Government, and
to tlie Governinonls of Ihissia and Japan, that a Commission he appointed, consisting of
one or more men from each country eminent for scientidc knowledge and practical
ac(|uaintance with tlu; fur trade. This Commission should visit the Asiatic side of the
North J'aeific as well as tlic American, and also the islands which the seals fre()uent, and
report to their respective Governments as to the ell'ects of pelagic sealing on the herd,
and the proper measures needed to regulate such scaling so as to protect the herd from
destruction, and permit it to increase in such numhers as to permanently furnisii an annual
su])ply of sk'ns.

I am (tireeted hy the I'resident to propose, for tlie consideration of your Government
and the Governments of lUissia and Jajian, the appointment of such a Commission, and I
am furtiier directed to suggest that during its deliherations the respective Governments
agree ipon a miidux liri'iidi as follows: —

i'iiut the Hegulations now in force he extended along the line of the iSoth degree of
north latitude from tiie American to the Asiatic shore, and he eidorced during the
coming season iu the whole of the Faeiuo Ocean and waters north of that line. Further-
more, that sealing in liehring Sea he ahsolutcly prohihited pendiij^ the Report of such
Commission.

Inasmuch as the sealing season will shortly commence, and the fleet will leave the
western coast for the sealing grounds, I hog to suggest the necessity of speedy action in
regard to this proposition.

I have, &c.
(Signed) W. Q. GRESHAM.

No. 3.
Colonutl Office to Foreitjn Office. —{Received March 20.)

(Kxtracl.) Downing Street, March 10, 1895.

I AM direetod liy the i^Iarquess of Jlipon to acquaijit you that ho has had under
his consideration the drafts of an Agrceinent for the protection of seal fishing- vessels
hy iirovidiiig for the sealiiig-up of the fishing iniphiuieuts on board.*

Tlie eoiisiderafioii of this Agre(>iiient was delayed at the request of the Dominion
Goveriinient, who telegraphed desiring that no action should he taken pending the
reeeijit of their observations on the proposed Agreement. These have just bean
received.

As L(n'd Kiniberl(>y is auarc, the similar arrangement of last year was essentially
provisional, heiiig intended to meet the; dinieulty created by the fact that the sealing-
vessels had alii.ost all sailed before the legislative instruments for giving effect to the
Award were complete.

The ]!rovisioiis of the Award and the legislation arc now, however, sufricientlv
W(>11 known, and prnnd jacie, therefore, there is no urgent need for renewing the
Agreement, which, as his Lordshii) is aware, has throughout been strongly onposed bv
the Canadian (Government. o^ ii j

If the Agreement had operated in practice, as was intended, to prevent unnecessary
interference with sealing-vessels, there would have been grounds for its renewal in
some lorm, but Lord Kipon f(>els that there is considerabh' force in the arn'ument
urged hy the l)oiiii;noii (ioveriiiiieiit, that the proceedings of the United' States'
.•nusers ni the eases .,r ill,- " Tavourite " and " Wanderer" showed that, instead of its
heing any advantage to a sealing- vessel <o accede to the scaling of its iniph-meiits, the
A-nviuent was disliiietiy used to their detriment, and accidental failure to have all
the .•i.ins sealed was tretiti-d as if it had been an ofleuce under the Act warranting
seizure. °

See No. 1.

1 tliat not
lion of the
Any new
)ceiin from
1(1 subjects

bits of tho
licr similar
lunent.und
nsisting of
d practical
ide of the
quent, and
I the herd,
herd from
I an annual

ovcrnment
sion, and I
fvcriiments

I dcajree of
dnrinij;' the
Furtlier-
rt of sucli

I leave the
y action in

If the Atyrpcinciit is In Ic rtntMcd, therefore, at all, it will have, in Lord llijion's
opinicm, 1o he made in a form wliieli, uliile tendini; to facilitate the work of the
cruisers chari;e(l -witli the ( iiforcenient of the Award, wii! at the sanu- lime olTcr simn-
clear advanlat;e to masters ef sealing-vessels wlio may 1m' invited \<.) have their
implements sealed up.

No. 4.
Foreign Office to Colonial Officp.

(Extract.) Foreitjn Of re, April 1<>, IPfl.".

I LAIJ) before the Karl of Kimberley your letter of the l!)th tiltimn, relative
to the rejiewal of the lle^iidatinns for the proloetion of seal iishinij-vessels dtirin;,' Hit'
close season hy providing for the seahng-uj) of the tisliing im])lelnents on linnrd.

Having regard to the views on the subject expressed in your lettrr. f ,uii to
suggest, for the ^Iar()uess of Kipon's consideration, that Iter ^iajesty's rioverinuenl
should declini' to renew .he arrangement relative to the scaling-up of arms, on
the ground that the possession of anus is not contrary to the Award Itegulntions
and that the Airreement, as proved by the seizure <if the "'Wanderer" and
" Favourite," has not in practice worked for the protection of the sealers from
unnecessary interference. Should ij(n\\ l{i])oii agree in this course, l^ord Kiii\berley
will at once instruct Her ifajesty's Ambassador at Washington to make a conuiiuui-
cation accordingly to the United States' (iovernnieni, and to lake the op[)ortunity of
calling attention to the fact that American naval ollieei-s have no uuthority to siuy.e
British sealing-vessels, except under tho Order iu Council, for otVences against the
Britisli Act of Parliament.

It is desirable that an immediate decision should lie taken, a«, in the event of the
Agreement being nhandoned, it will he necessary to inform the Commanders of tlie
British and United States' vessels engaged in the patrol service durin}» the present
season.

9, 1895.
had under
ing-vcssols

Dominion
ending the
just bet'D

essentially
lie sealing-
Ifect to the

iuillciently
owing the
il)posed by

Qnee(!ssary
renewal iu
argument
;ed' iStates'
tead of its
meiits, the
to have all
varrautinjj

No, r..

Colonial Office to Foreign Office, — {Heceived hfay 8.)

Sir, Donning P^treet, May 7, 18H5.

1 AM directed hy the IMarquess of Bipon to acquaint you. for tlie information of
t'i(< Earl of Kimlierhw, that he has had v.nder hi-^ consideration yoiu- letter of tlie
10th April respecting the renewal of the arraiiL'f nient with the United States, which
was made with the object of prolectiiig seal lisbing-vesst-ls from mmecessary inter-
terence during the close seascm hy proviiling for iliesealing-upof tho fishing im])lement8
on hoard.

7\s this arrangement, as carried out last year, failed to serve the imrpose f()r\\hich
it was intended, Lord Bipon concurs in Lord Kimberley 's opinion that it sbotdd not
be renc;wed.

I am, i^(!.
(Sigmni) JOHN BBAMSfON.

No. 0.

The Earl of Kimberley to Sir J. Paunrefote.

(Telegmphic.) ^ Foreign Office, May 9, l^'.Jo.

BEIIHING SMA. I have to instruct your Excellency to infirm the United Htatcs'
Government that Her Majesty's (Jovermnent have decided not to renew the Atrreement
as to staling-up of arms, for the following reasons :—

1 . The Agreement has not in practice, as is jiroved hy the seizures of the " Favourito"
and "Wanderer," worked for the protection of Britisii sealers troni unnecessary inter-
ference.

2. The Paris Award Bcgulations contain no provisions forbidding the poBsession
of arms.

The United States' Government should also be reminded that their naval officers
have no authority to seize Tkitisii vessels except under the (Queen's Order in ('ouncil tor
oHcnccB a^^ainst the IJritish Act of Parliament, which embodies, in a Schedule, the
llegulations made by the Paris Award.

No. 7.
fsir J. Paunrefote to the Earl of Kimherley. — (lieceived May 12.)

(Tfleprnpliir.) Washington, May 11, 1895.

BEHIUNG SEA.

I addressed a note to«day to the United States' Government in the sense of your
Lordship's telegram of the 9th.

Simultaneously, I received from the State Department a long note with reference
to the proposal submitted to Her jMajcsty's Government in Mr. Gresham's note of the
•2:^rd January, inclosed in my dcspatcii to your Lordship dated the 24th of the same
month. The new propo.sal of the United States' Government is to the following
effect : —

1. That pending eonsideratiou of proposal for extendint;, with concurrence of
llussia and Japan, protective area along 35th parallel to Asiatic coast, an immediate
agreement to close iiehring Sea absolutely to pelagic sealers should be come to.

2. That the four Powers should agree to a modus vivendi for protection of
seals.

3. That the Joint Commission should be appointed as previously suggested in
Secretary of State's note of the 23rd January.

4. That the legislation for enforcement of, the Award should be amended —
(a.) l?y prohibition in 13ehring Sea of fire-arms adapted to killing of seals.

{h.) By throwing on master, as was done in Hchring Sea Act of 1891, burden of
proof that his ship was not employed in contravention of Act.

(f.) IJy enforced soaling-up of seal-skins and sealing implements on board vessels
travelling AMnrd area during close season, under pain of forfeiture.

(fl.) By making liable to the same penalty ships not conforming to Regulations jt
Awards as reu;ards logs.

{<:) JJy ef)mpelling British officers to seize ships found in violation of law.

It is lin-tiier asked by Secretary of State that United States' Inspectors may be
stationed at Britisli Columbian ports for purpose of verifying British entries and logs
and e.vaniiiiiiig skins as to sex, and he offers reciprocal privilege in United States' ports
to ller Miijesty's Government.

No. 8.

Tin- Earl of Kimherley to Sir J. Pauncefote.

Sir, Foreign Office, May 17, 1395.

I HAVE received your Excellency's despatch of the 24th January, inclosing a
note from ^Ir. Gres'.am of the 23rd January relative to the operation of the Regulations
laid down by the .'aris Tribunal of Arbitration for the fur-seal fishery, and the view
entertained by the President of the United States that, the Regulations having failed
in their object, further provisions are required to preserve the herd from extermination.
In order to avert this result, ^Ir. Gresiiam had been directed to propose : —
That a Commission should be appointed by the Governments of Great Britain,
the United States, Russia, and Japan, consisting of one or more men from each
country eminent for scientific knowledge and practical ac(iuaintancc with the iur
trade. This Commission should visit the Asiatic side of the North Pacific as well
as the American, ami also the islands which the .seals frequent, and report to their
respective Governments as to the cfTect of pelagic sealing on the herd, and the proper
measures needed to regulate such sealing .so as to i)rotect the herd from destruction,
and permit it to increase in such niunbers as to permanently furnish an annual supply
of skins.

laval officers

Council lor

(cliedule, the

r/ 11, 1895.
ense of your

itli reference
note of the

of the same
le following

ncurrence of
n immediate
oae to.
protection of

suggested in

ided —

seals.

1, burden of

board vessels

egulatlons ji

' law.

stors may be

ries and logs

States' ports

I 17, 1395.
, inclosing a
; Kegulations
md the view
aaviiig failed
ermination.

rreat Britain,
1 from each
vith the fur
Lcific as well
)ort to their
d the proper
destruction,
nniial supply

That during the deliberations of this Commission the respective Governments siiould
agree upon a modu)i viiendi as follows ; —

" Tiiat the Kegulations now in force l)e extended along the line of the 35th degree
of north latitude from the American U> the Asiatic siioie, and bo enforced during the
comir ;j season in the whole t)f the Pacific Ocean and waters north of that line.
Furthermore, that sealing in IJehring Sea be absolutely prohibited pending tiio Report
of such Commission."

Her Majesty's Government have given the facts set forth by Mr. Gresluun in
support of these propo^^als their most serious consideration, but after e\.iuiiiiiiig atten-
tively the figures and information at their disposal, they Ikuc; come to the eouclusioii
that the condition of affairs is not of so urgent a character as llie President has been led
to believe.

In the second paragraph of his note Mr. Gresham states : —

"It would appear that there were landed in the United States and Victoria
llil,143 skins, and that the total pelagic catch, as shown by the London trade sales
and careful estimates of skins transhipped in Japanese and Russian ports, amounts to
iibout 142,000, a result unprecedented in the history of pelagic sealing. It would
further appear that the vessels engaged in Behring Sea, although only one-third of
tlic total number employed in the North Pacific, in four or five weeks killed 3 1 ,5S5 seals —
not only over 8,000 more than were killed in Bebring Sea in 18i)l (the last year the sea
was open), but even more than the total number killed during the four niontiis t)n the
American side of the North Pacific this season."

He goes on to say : —

*' This startling increase in the pelagic slaughter of both the American and
Asiatic herds has convinced the President, and it is respectfully submitted, cannot fail
to convince Her ^Majesty's Government, that the Regulations enacted by tlie Paris
Tribunal have not operated to protect the seal herd from that destruction wliich they
were designed to prevent ; and that unless a speedy change in the Regulations he brought
about, extermination of the herd must follow. Such a deplorable result should, if possible,
be averted."

I must, in the first place, observe that arguments based on figures which include
the pelagic catch on the Asiatic or western side of the Pacific are calculated to lead to
erroneous conclusions as to the woiking of the Regulations, and as to their effect on the
seals frequentmg the Pribyloff Islands.

There can be no doubt that there has br:en a large increase in the number of seals
taken off the Japanese coast last year in comparison to any previous year. The total
number taken there in 1893 was only a iittle over 29,000, while last year it appears from
the Returns to have been not less than 51,000.

But no point has been more constantly insisted upon by those who have examined
and argued the question on behalf of the United States than that the seals frequenting
the eastern and western sides of the Pacific form two absolutely distinct bodies or
" herds," and do not intermingle. In the opinion of the experts and Counsel employed
on behalf of Great Britain, this doctrine was pushed too far. They held that a certain
amount of intermingling might, and indeed did, take place in Bebring Sea. But,
tiiough our knowledge of seal life is still far from complete, it may certainly be held as
tolerably established that the two main bodies of seals are distinct, and that increased
pelagic catch or the Japanese coast does not constitute a serious menace to the seals
frequenting the Pribyloff Islands.

Whether that increased catch can be continued without serious diminution of seal
life on the Asiatic side is a <iuestion which has still to be tested by experience.

For the present the Regulations apply to the eastern side only, and their success or
failure must be judged solely by their effect on the herd whicii they were intended to
protect. I proceed, therefore, to examine that ell'ect as shovvn by the figures in the
possession of Her Alajesty's Government.

From the Table printed at p. :^07 of the Rei)ort of the British Commissioners, it
appears that in the years IS89, I8y0, and 1891 the pehigic catcli on the eastern side was
as follows : —

1889
1890
1891
[638]

•»a.870
61,9GU
68,000

These figures include the catch of both British and American vessels. '

The figures of the American catch for later years are not available, but the Canadian

catch on the eastern side in 1«91, 1893, 189^, and 1894 are given in the official Report

a« foUowH : —

1891
1892
1 893
1894

52,995
39,107
28,613
38,044

The American catch for 1894 on the eastern side is given in the Table inclosed in
another note from Mr. (Jresham as 17,568, so that the total catch on that side last year
was fio,602. 'J'his, as contrasted with the catch of 1 891, shows a diminution of about
12,500.

In thnt year, though the modus vivendi was partly in force, the Canadian catch in
Behring Sea was 'Jl^UU, whereas in 1894 it was only 26,425. This shows a diminution
of abotit 10 per cent, in the catch.

Her Majesty's Government have no Beturns of the American pelagic catch in
Behring Sea in tlie season of 1891, and are, therefore, unable to make a comparison
between the total catch there in that year and in 1894. They are unable to understand
on what grounds Mr. Gresham has stated the total in 1891 to have been less than
23,585, when, according to their information, the Canadian catch alone was 29.146.

Turning now to the number of vessels employed in the fishery, these do not appear
to have inert' ised, but, on the contrary, to have decreased.

There are no trustworthy figures available as to the United States' sealing- ve.ssels
previous to those furnished for 1894 by Mr. Gresham, but there are full official
Returns with regard to the Canadian sealing fleet, and the following Table, showing the
numbers and operations of the fleet during the last four years, is interesting in this
connection : —

Number

of
Vee8«l8.

Tonnage.

Number
of Hunters.

Total Cutch

on
both sides

White.

Indian,

of
Puciiic.

1891
1892
1893
1894

51
66
55
59

3,378
4,456
3,743
3,866

716
961
847
888

336
511
432
518

50,495
46,362
68,231
90,486

It will be seen from these figures that the number of Canadian vessels and the
number of hunters employed on them last season is below that of 1892, the great falling-
ofl'in 189''i being due to wrecks and seizures of vessels in the previous year.

As regards the total number of vessels, both British and American, employed in
the fishery, these are given at p. 185 of the United States' Case before the Tribunal of
Arbitration as 115 in 18U1, and 123 in 1892, while in 1894 they were only 92, a most
material decrease.

The number of vessels and of men employed on them having thus decreased, while
the total catcli on both sides of the Pacific has undoubtedly increased, it is clear tiiat
there has been a general increase in the average catch per man and per vessel. This is
no doubt line in considerable degree to increased efficiency, to the fact that under the
Regulations the u^e of the spear has largely replaced that of fire-arms, and that
consequently fewer of the seals shot or speared are lost. Much is probably the result of
tho.se accidental circumstances of weather and climate which go to make a good fishing
season; but the fact tends also to show that more seals were met with than before, and,
from this point of view, the increased catch does not point to any imminent danger of
extinction of the species.

As regards the ettect of the Regulations on the number of seals frequenting the
PribyloU' Islands, it seems premature to attempt to form an opinion.

ller Majesty's Government have noted the fact, which is not quoted by Mr. Gresham,
but has been stated on authority, that only lO.UUO seals were allowed by the United
States' Treasury Agent to be killed on the Pribylotf Islands during the last season. It
is a feature of the question which deserves attention, but in tlie absence of information
att to the standard weight of skins and other conditions fixed Dy that officer, it is not

he Canadian
icial Keport

! inclosed in
ide last year
on of about

ian catch in
& diminution

i;ic catcli in
comparison
understand

m less than

29.l4tJ.

o not appear

aling-vessels

full official

showing the

ting in this

:ch

lels and the
i;reut tialling-

emplojred in
I Tribunal of
Y 92, a most

eased, while
is clear that
^el. This is
It under the
s, and that
the result of
a;ood fishing
before, and,
it danger of

[uentiug the

r, Gresham,
the United
season. It
information
er, it is not

possible to estimate the significanre of this restriction. It does not, howerer, nccewarily
point to any fjrounda of iir.nitdiato approhenKion, as only JO, 000 seals could be taken in
1890, though the standard in that year was undoubtedly low.

In any case, as the number of seals taken outsiiie Behring Sea on the American aide
was. owinu to the Regulations, much less than usual, and pelagic scaling docs not begin
in that sea till the Ist August, by which time killing on the islands is over, it is
evident that the small take on the islands was not due to the results of the pelagic catch
of last year.

Taking all these circumstances into consideration, Her Majesty's Government cannot
agree that any sufficient evidence as yet exists to show that the Regulations have failed
in their effect, or that there is such urgent danger of total extinction of the seals as to
call for a departure from the Arbitral Award by which the two nations have solemnly
bound themselves to abide.

The Arbitrators had before them all the information both as to the condition of the
herd and the results of pelagic sealing which the resources of both nations could supply,
and after exhaustive consideration they, in the judicial exercise of their discretion, fixed
five years as the period after which the Regulations might be revised. Only one year
has elapsed, and beyond the fact that, though the scalers have scrupulously adl>ercd to the
Regulations, they have had a successful season, there is no substantial ground to support
the contention that the period for revision of the Regulations fixed by the .Vrbitrators
ought to be so materially curtailed.

To set aside tlieir authority upon .so slight a ground would, in the opinion of Her
Majesty's Government, be a most serious blow to the authority of arbitral decisions,
and to the general principle of arbitration which both Governments have it at heart to
promote.

Her Majesty's Government arc, however, anxious to do all in their power to
contribute to a fair and thorough examination of the facts connected with the seal
fishery, and to the adoption in useful time of any measures which may be necessary
for the preservation of (he species. They have examined carefully the specific
proposals contained in Air. Gresham's note in order to see how far any portion of
them could be accepted with this view, having due regard to the important British
interests involved.

As regards the proposed modus vivendi for this season. Her Majesty's Government
regret that they find themselves unable to accept this proposal.

Even if some adequate grounds had been furnished for its adoption in the interest of
the fishery, it is to be remembered that the sealers have .already almost all started, and
are now scattered over the whole breadth of the North Pacific, where it is impossible to
warn them.

They have made their preparations on the assumption that the interference and
interruption to which their industry has been subject more or less for the last ten years
had at length come to an end, and that the conditions under which it might be prosecuted
had at last acquired some permanence and stability.

'i'o spring upon them again in the midst of their operations so stringent a proposal
as that of the United Stales would be an act of great injustice, anu would involve Her
Majesty's Government in the payment of iieavy compensation.

The measure suggested would in fact put an end to pelagic sealing, as it would leave
only the four first months of the year, when from various causes comparatively few
seals ore caught, while the sealers would have to lay their vessels up during the remaining
two-thirds of the year. The adoption of such a restriction under present circumstances,
and upon the only grounds which can be adduced to justify it, would be almost
tantamount to an announcement that, whenever there has been a successful pelagic
fishing, steps will at once be taken to prevent the recurrence of such an event.

Mor can Her Majesty's Government believe that the appointment at present of an
International Commission such as is suggested by Mr. Gresham would lead to any useful
result.

It will be remembered that the Commissioners appointed by the United States and
Great Britain, wfio visited the islands in 1891 to examine this same question, found them-
sel-ves unable to agree except as to a few vague general statements, and presented
Reports in which they differed widely, not only as to the remedial measures necessary,
but even as to many of the most important facts in seal life, and only the same result can
be expected from a second more numerous Commission.

Such Commissioners, it must be borne in mind, can only be on the islands for a few
weeks at most, while the period during which the seals frequent the islands extends
[638] C 2

^%^

from May to October or November, and the phases of seal life exhibited arc constantly
chanpinfT.

riip question to bo dealt with is the progress and the growth or decrease of the herd,
nnd the iiifoini:itif>p rociuired to enal)le it to be effectively grappled with can only be
gatborod by continuous observations carried on constantly during the greater part
of (ho period that tiio islands are resorted to by the seals, nnd extending over a series of
years. The new Commission might, no doubt, be able to gatlior some new tads as
to sojil life, but nothing but continuous and comparative study could c|ualify it to form a
judgment as to the effects wliich the pursuit of the seals at sea and llii- slaughter on land
is producing on the liord, and to suggest any remedial measures with confidence and
authority.

Instead of such a Commission, though possibly as a preparatory step to its appoint-
ment, Her Majesty's (jovernmont would propose the appointment of J\gents to reside on
the seal islands and to collect authoritative information by obser.-ations, which should
extend nvor such a period as will be suflicient to enable a judgment to bo formed of the
effect of the fisliing upon tlic preservation of the herds.

If sudi Agents appointed by the United States and Great Britain were to conduct
investigations jointly during the' icxt four years, both Governments would l)y that time
have, with the particulars derived from tlic sealers' logs and other sources, a body of
information which would enable the two nations to approach the question of revising the
Regulations in a thoroughly scientific manner, and to protect, as far ns possible, the
numerous and varied interests involved in the seal fishery.

J ler Majesty's Government do not wish, however, to be understood as desiring to
l)ostpone all discussion until that date. The Agents would naturally make their
reports at regular and not too distant intervals, and if the facts disclosed in these
Keports, or information obtained from other sources, should at any time show a state
of things urgently calling for remedial measures, Her Majesty's Government would
be willing at once to examine, with the Government of the United States, the method
in which such measures could best he applied. Similarly they will be ready to do what
is in their i)ower to obtain early Returns of the results of the fishery during the present
year, in order that they may he examined by the two Governments at the first practicable
moment.

If these proposals recommend themselves to the Government of the United States,
it might be desirable also to approach the Russian Government with a view to the
appointment of similar Agents on the Commander Islands. There is little independent
information available in regard to the conditions of seal life on these islands, and as
the Russian Government desire that the Regulations made by the Arbitrators for the
eastern side of the Pacific should be extended to the western side, it seems reasonable
that there should be inquiry how far such extension is necessary and applicable.

Your Excellency is authorized to read this despatch to Mr. Gresham, and, if be
Bhould so desire, to give him a copy of it.

I am, &c.
(Signed) KIMBERLEY.

No. 9.
The Earl of Kiniherley to Sir J. Pauncefoto,

Sir, Foreign Office, May 17, 1895.

I HAVE informed you in my despatch of this day's date that, iuijtead of an
International Commission, as suggested in Mr. Gresham's note of the 23rd January,
Her Majesty's Government propose the appointment of Agents to reside on the seal
islands, and to collect authoritative information by observations, which should extend
over such a period as will be sufficient to enable a judgment to be formed of the effect of
the fishing upon the preservation of the herds.

As the season is advancing, it would be necessary that the Agents should proceed
to the islands without delay if any investigations are to he carried out during the
present year, and 1 therefore request that your Excellency will call Mr. Gresham's
immediate attention to the proposal, and report his reply by telegraph. Should it be in
the atlirmative, communication could at once be made to the Russian Government with
regard to the appointment of similar Agents on the Commander Islands.

I am, &c.
(Signed) KIMBERLEY.

re constantly

c of the herd,
can only l)c

ftrcater part
rer n scries of

now facfs as
y it to form a
S'liter on land
inddonce and

to its appoint-

s to reside on

wliicli slioiild

I'ornu'd of tlie

re to conduct

l)y that time

OS, a body of

f revisinj? the

i possible, tiie

as desirin<y to
make their
)sod in these
show a state
rnnient would
the method
:ly to do what
J? the present
rst practicable

United States,
a view to the
le independent
lands, and as
rators for the
ms reasonable
able,
am, and, if be

[BERLEY.

No. 10.

Thr Enrl of Kimherhy to ^ir J. Pnunrefotf.

(Tcloiraphic.) Forrign OJfIrr, Mm, IH. ISO.J.

l'.i:i IKING SHA.

I have received yotir Excellency's telegram of the 11 th instant, reporting the
proposals made by the United States' Govcrnmont.

Ill my despatch of yesterday's date, I have instructed your K\ccllency to
inform the United States' Government that Ifer Mnjesty's Government cannot without
further evidence assent to the proposals contained in Mr. Grosliam's note of th(> 2;<rd
January last, and this refusal applies equally to the sUj,frestions contiined in parni^'niphs
1, L', and 3 of your tele>Tram.

Her ^Iiijesty's Government liave refused to renew the Apfreement for sealin^j arms,
and this covers the sun^jrestions noted as (a) and (r) in para2;ra])h 4 of your tele^;ram.

It would be impossible for the sealers to fjot rid of arms lawfully used outside the
Award area, whore their possession is not forbidden.

The sunjjjestion (/>) for throwinjij the burden of proof on the master of the vessel
would increase the danger of seizure on insulficient grounds.

With regard to the suggestion (rf) as to the punishment for infringing the ]?egula-
tions as to logs, in many cases forfeiture would be too severe a penalty if the alternative
of a fine, provided by the Jieliring !Sea Award Act, were withdrawn.

The 1' :'!imI States' (Government ask (2), that it may be made imperative on
British naval otiicers to seize vessels infringing the law. This is already provided by
the Award Act, and the Admiralty instructions to cruisers make the point <piite
clear.

The appointment of inspectors for the examination of the skins as to sex is not
acceptable. Sealers are boimd to keep a record of sex, ami it would only be in the case
of skins taken outside the Award area, with which the United States liave no special
concern, that examination would be of use.

No. 11.

Sir J. Pauncfifote to the Earl of Kimberley. — (Received Mnji 24.)

My Lord, Washington, Mtni 1 l, 1S05.

ON receipt of your Lordship's telegram of the 9tb instant, instructing me
to inform the United States' Government that Her Majesty's Government would not
renew the sealing-up of arms agreement, and to remind them that their iiiival otiicers
have no authority to seize British sealing-vessels except under the Order in Council for
offences against the British Acts of Parliament which embodies the Paris Award Regulations,
I addressed a note to Mr. Gresham carrying out your Lordship's instructions.

A copy of this note I now have the honour to forward to your Lordship herewith.

I have, &c.
(Signed) JULIAN PAUNCEFOTE.

;.V 17, 1895.
instead of an
?3rd January,
2 on the seal
should extend
f the effect of

lould proceed
i during the
r. Gresham's
lould it be in
ernment with

BEELEY.

Inclosure in No. 11.

Sir J. Pmincefote to Mr. Grenhnm.

Sir, Washington, Mai, 11, IStt.'i.

IN an informal note dated the 15th December, 1894, you were good enough to
transmit to me, for my information, a copy of " Regulations approved by the Secretary of
the Treasury for the government of vessels that may be em])loyed in fur-sealing in the
Koason 189.')." As it was desirable that Regulations on that subject by our respective
Governments should be substantially in accord, it was arranged that I should discuss the
matter personally with the Secretary of tlie Ti'casury, as 1 had previously done with respect
to the Regulations for the season of 1894. The result of my discussion with Mr. Secretary
Carlisle was that on the 17lh January last I received from him a modified draft of
Regulations which he proposed to reconmiend to the President, and which i promised to
transmit to my Government for their concurrence.

I submitted the draft at the time to Her Majesty's Government, who liave most

1 1 !l

r.irefiilly cnnBiilcrcd it witli reference more piirticiilarly to the proposed renewal and
extension of the arranKi'imiit ol last ynir for tlie volnntiiiy sealiuy-up of arms, Ac,
under Article* \, T), and (>.

As regards Articles 1, 2, and 3, which relate to the special licence, the distinsuishinp
flnir, and the fitness of the men to he employed m the tisiiery, sufficient |)rovision has
already heiii made on the side of Great iiritain (in ])ursiiinice ot Ariicles 4 and 7 of the
Award" Kesulations) hy "The Behrinw Sea Order in (,'onncil, |S9r)," of which I had the
honour to communicate a copy to you in my note of the 6tii .\hmii last. As regards the
renewal aiifl extension, under Articles 4, 5, and 6 of the draft Uejjrulations, of the
provisions of last year for the voluntary sealint;-up of arms, &c., I have now received
the ohservations of my Government thereon, and I am instructed to inform you that, in
their opinion, the arranRenient in question has not in practice been worked for the
protection of British sealers from interference, as Her Ma,je8ty'a Government had hoped
would have been the case.

This is proved by the seizure of the British sealins-vessels " Wanderer " and
" Favourite." The possession ol arms, &c., hy a sealinu'-vessel within the area of the
Award during the close season is not, as you are aware, (brbidden by the Award Regula-
tions, and for the above reasons Her Majesty's Government are not prepared to renew
the arrangement. No necessity therefore arises for any further com enl ilegulatioos
such as were proposed by Mr. Secretary Carlisle.

It appears from the cases of the " Wanderer" and the "Favourit, . ' the particulars
of which were laid before Congress (sec Ex. Doc. No. ti7, pp. 341 and 386), that the
United States' naval officers who effected the seizures were under the erroneous impres-
sion that they were empowered to apply the legislation of the United Slates to those
vessels. Thus, in the case of the "Wanderer," Commauder Goodrich writes: "My
action is based on Section 10 of the Act of Congress of the 6th April," and in the case of
the " Favourite," Commander Clark attempts to justify the seizure under the same
Section of the Act of Congress.

It is hardly necessary to point out that United States' naval officers have no
authority to seize British sealing-vessels except under the British Order in Council of
1894 (No. 1) for offences against the British Act of Parliament ("The Behring Sea
Award Act, 1894 "), which embodies the Paris Award Regulations.

It is hoped that instructions in the above sense will be issued to the United States'
naval officers employed in the duty of enforcing those Regulations.

I have, &c.
(Signed) JULIAN PAUNCEFOTE.

;

^ i

No. 12.

Sir J. Pauncefote to the Earl of Kimberley. — {Received May 29.)

(Telegraphic.) Washington, May 28, 1895.

1 HAVE carried out the instructions contained in your Lordship's despatch
of the 17th instant on the subject of the pr„posals made by Her Majesty's
Government for the better protection of the seal herds, hut the reply to my note will
no doubt be delayed bv the death of the Secretary of State.

No. 13.

Sir J. Pauncefote to the Earl of Kimberley. — {Received May 30.)

My Lord, Washington, May 21, 1895.

IN my despatch of the 14th instant, I had the honour to transmit to your
Lordship a copy of the note on the subject of the Behring Sea Fishery Regulations,
which 1 addressed to the United States' Government, announcing the decision of Her
Majesty's Government not to renew the arrangement respecting the voluntary sealing-
up of arms and implements of fishery, which was adopted for the fur-seal fishery season,
1894.

That decision has given great dissatisfaction to the United States' Government,
and it is made the occasion of more or less violent invectives in the press against Great
Britain ; some journals, in their ignorance of the true facts of the case, going so far as
to assert that Her Majesty's (iovernment now refuse to put in force any longer the Paris
Award Regulations.

•(I renewal and
ol alius, &c.,

• distirmuishinK

t provision has

4 iiiui 7 of the

^'hic'h I had the

As regards the

atioiiB, of the

now received

m yoii that, in

vorked for the

ent had hoped

Wanderer" and
lie area of the
\\vard Regula-
)areti to renew
:iit llegulations

tiie particulars
.'W6), that the
oneous impres-
Sliites to those
1 writes : " My
d in the case of
nder the same

ficers have no
r in Council of
le Behring Sea

United States'

rNCEFOTE.

9.)

fay 28, 1895.
Iiip's despatch
Her Majesty's
o my note will

ay 21, 1895.
nsmit to your
y Regulations,
scision of Her
untary sealing-
fishery season,

' Government,
against Great
foing so far as
mger the Paris

I have the honour to inclose copy of a note, dated the 18th instant, which I
have received on the subject from the .\ciing Secretary of State, and of my reply
thereto.

Mr. Uhl, in that note, expresses the deep regret felt hy the President at the decision
of Her Majesty's (ioveiiiinent, and at its iiaviiig been coiiiinunicated at so late a period.
He contend.s, for certain reasons, wliieh he develops at considuralile length, that hii
Government were entitled to assume that Her Majesty's Government had assented to
the renewal of the arrangeinciit.

He states, nevertheless, that liis tiovoriunent accept the decision, but they request
that British naval otticers may be instructed lo continue tiie sealing-up of arms in the
case of Anicrican sealing-vessels, if they should be re(juested to do so, in order to carry
out the I'resident's I'roelauiation on the subject, ile adds that instructions have been
sent to the naval oflieers of the United State.-.' patrollinjj fleet, which clearly define the
powers intrusted to them. It may lie hoped, therefore, that the result of the present
discussion will be to obviate a recurrence of any excess of aut lurity on the part of
United Slates' cruisers during this year's fur-seal fishery season.

I have, &c.
(Signed) JULIAN' PAUNCEFOTK.

Inclosure 1 in No. 13.

Mr, Uhl to Sir J. Pauncefote.

Excellency, Washiwjlon, May 18, 1896.

I HAVK the honour to acknowledge the receipt of your note of the 11th instant,
communicati ig the declination of vour Government to agree upon concurrent Regulations
for carrying out the provisions of the Paris Award during the present season. The reason
assigned therefor is, that the provisions of the Award relating to the special licence and
distinguishing flag are already provided for in the British Order in Council of the
2nd February last, and that concurrent Regulations similar to those agreed upon for
last season by the respective Governments us to outfit and arms of sealing-vessels are
not considered necessary for the present season, inasmuch as, within the Award area and
during the close season, the possession by vessels of said outfit and arms is nowhere
forbidden by the terms of the Award. As regards the Regulations for last season you are
instructed to inform me that, in the opinion of Her Majesty's Government, '' the arrange-
ment in question has not, in practice, been worked for the protection of British sealers
from interference, as Her Majesty's Government had hoped would have been the case ; "
and m this connection sjiecific reference is made to the seizure by United States' officers
of the British vessels " Wanderer " and " Favourite." You further call my attention to
the statement, drawii from the correspondence laid before Congress (Senate Ex. Doc.
Ho. t>7, pp. JJ41 to 38<i), that the United Sates' naval officers who effected the seizures
were under the erroneous impression that they were empowered to apply the legi-slation
of the United States of the 0th April, 1894, to those vessels, whereas those officers have
no authority to seize British sealing-vessels except under the British Order in Council of
LS94 (No. 1) for offences afjainst the British Act of Parliament of 1894, which embodies
the Paris Award Regulations; and you therefore request that United States' officers
engaged in patrolling the Award area during the present season be instructed accordingly.
Your present note is the first intimation received from Her Majesty's Government that
the jointly-drafted concurrent Regulations for the season of 1895 had not been accepted
by your Government. The original draft of those Regulations was transmitted by the
Secretary of State to you on the 15th December, 181*4, for the approval of your Govern-
ment. Subsecpiently, an understanding having been reached whereby you were to confer
directly with the Treasury authorities on the subject, a number of interviews were held
by you with Secretary Carlisle iind Assistant-Secretary Hamlin on the matter. In the
course thereof, as I am informed, you submitted a counter-draft of proposed concurrent
Regulations, containing e;.rtain suggested improvements over the draft submitted by
Mr. Carlisle, and after pielimir.ary negotiations, covering a eonsiderable period, a final
draft was agreed upon satisfactory to you and to him — tin iinderstai>tling being, that
one copy thereof should be submitted to the President for his a|)proval ii i promulgation ;
while you, for your part, should forward a copy for the approval i Her Majesty's
Government, and for inclusion in an Order in Council shortly u> t*. .assed, vou having
stated that it would be necessary to embrace the Regulation* ji i. h- ». Order in Council,
for the reason that the last Order bearing on the subject M^k lainted in its operation to
the sealing seah<>n of 1894. i

»•

P..

1ft

Till' I'rcsidcnt approved and signed those Kcgulatioiis on the 18th January last,
underslaiiilin;,' lliat they had received your approval, and would be forwarded by you to
your (Joverniueiit, as above stated. 'While it was not understoo'l tliat you had authority
to l)ind your Government, or iiad undertaken definitively to do so without a f )rnial trans,
mission of tiie proposed Kejruiations, yet the Secretary of the Treasury iiad every reason
to believe that the (bait agreed upon by him and you would be promptly accepted by the
Jbitish Government, or its declination as promptly communicated. In jjoint of fact, this
Government has had excellent reasons to suppose that the draft Kegulations had been
actually accepted as an arrangement made between the two Governments, its autiiority
for this supposition being the formal terms of the Briti.sh Order in Council, mentioned in
your note ("ISeluing Hea Order in Council, 1895 "), wliich bears date the 2nd February
last. On that dale a cojjy of those proposed Eegulations must have been in the
possession of Her .Majesty's Government, it having been given to you on the
17tii January for transmission. The preamble of this Order recites that, "Whereas
arrangements have been made between Her Majesty's Government and the Government
of tiie United States for giving effect to the Articles !■ and 7 of the scheduled provision-i,
and ii is expedient that effect should be given to those arrangements by an Order in
Council . . . ."

'J'lie word " arrangements," as thus used, can only refer to the proposed Regulations
for the season of Ky.'j, which had been framed by yourself and Secretary Carlisle, for no
other agreement or regulations tlian that contained in such Regulations has been entered
into this year between the respective Governments as to any of the provisions of the
Award, and the arrangements for last season were obsolete and non-existent, having been
in terms limited to the sealing season of 1891.. It may be suggested that the word
" arrangements " in the Order in Council of the 2nd February last cannot refer to the
draft of Regulations approved the 18th January last by the President, for the reason
that no specific mention is made in said Order as to the provisions of said dratt Regula-
tions for securing under seal tlic outfit and arms of sealing-vcssels. The special licence
and distinguishing Hag, however, wore the only matters covered by the .said draft of
Regulations which depentled, as regards British vessels, for their validity upon, and
received their bintlinp tbrce irom, said Order in Council. It will bo noted in this con-
nection that the Order in ('ouncil of the 27th June, 1891, likewise contains no reference
to tiie duty ot securing the outfit and arms under seal, although the mutual agreement
upon whicli said Order and the Regulations of 1894 were based contained a similar
provision imposing upon sealers said duty. That this word " arrangements " can only
refer to the agreement or understanding between Secretary Carlisle and yourself, u])on
which said Regulations were based, is made clear by the use of tlie same words in identical
contexL in the ]uevious Orders in Council of the 30th April and the 27th June, 1894,
respectively. In the first of these it was recited that, " Until arrangements for giving
further ellect to Articles ^l and 7 of the said scheduled provisions shall have been niade
between Her Majesty's Government and the Government of the United States, the
following provisions tiiall have etf'eut; . . ."

Sul)se(iueiitly to this Order, to wit, on the Itli May, 1891, the President of the
United States signed and approv<.J liegulatioiw for the season of 1894, based upon an
Agreement made by yourself and Mr. Gresham for the respective (ioverniiients Articles 7
and 8 of wliich provided for a special licence and distinguishing ilag.

The Order in Council following, on the 27th June, 1 891, contains this significant
language : — •

" And whereas nnangcnienfs have been made for giving fiiriher eilect to the said
Articles, and tor regulating during the present year the fisiiing for fur-seals in accordance
with tl ■' said scheduled provisions . . ,"

It is thus seen that the first Order in Council of the 30lli April, 1894, recites the
pendency of arrangements, while the second Order of the 27tli June, 1894, recites such
arrangements (of the 4th May, 189 !•) as having been actually made; and tiicreloie the
word "arrangements," as severally used in these Orders, couki only mean the preliminary
Agreement iqion which was baseif the Regulations of 1894, which Agreement, as above
stated, was eX|)ressly iinited by its terms to the scaling .seasim of 1894, and was non-
existent when the present Order was issued.

By every sound principle of interpretation and precedent, therefore, this Government
was entitled to regard the reference to "arrangements" in the Order in Council <if the
2nd February last as relating only to the Agreement reaciied in the draft Kegulatioiis
furnished to you the i7th January last, and transmitted to your Government— which
Regulations were approved by the President ns above stated— and to hold that Her
Majesty'" Government, by necessary' implication, had ratified and recognized as subsisting

'ill January last,

iirded by you to

oil liail authority

t a f )rmnl trans.

lail every reason

accepted by tliu

loiiit of fact, this

lit ions bad been

nts, its autiiority

Eil, mentioned in

ic 2nd February

c been in the

o you on the

tliat, " "Whereas

tlie Government

duled provision?,

i by an Order in

)sed Rcf;ulations
Carlisle, for no

has been entered

jrovisions of the

ent, having- been
cd that the word

nnot refer to the
it, for the reason
lid draft Kep^nla-
le special licence

he said draft of
lidity upon, and
oted in this con-
lins no reference
lutual agreement
ntained a similar
mcnts " can only
id yourself, upon
ivords in identical
JTth June, 181)1,
nents for giving

have been made
lited States, the

'resident of the
i, based upon an
iiiients Articles 7

s thirt significant

I'llect to the said
lis ill accordance

1 Hl]4, recites the
•^'.•l, recites such
nd tlieielore the

I the preliminary
■enienl, as above
>i, and was iion-

:his Government

II ("oiincii (if the
raft Kegulatior.H
eminent — which
' liold that Her
zed as subsistinjr

the proposed Regulations submitted as above, by the passage of the Order in Council of
the '2n(i February last. AVe are, liowevtr, constrained to accept your note of the 11th
ir lit as a formal notification of the non-ci.ncurrcncc in the same by Mer Majoty's
Government.

It is my duty to express the deep regret of the President that the Hriti^li Govein-
ineiit should have communicated its declination at this late period of the season, after
our Consuls have been instructed and the patrolling fleet of the I'nited State> has sailed
under orders based on the legitimate assum|)tion that the privilege of sealing-up alforded
by said Regulations was to be accorded during the pre-iciit season as during last -eason
to British as well as .American vessels.

It is further to bo regretted that what appears to be the chief reason a-signed for
this declination — namely, the seizure of the .steamers " AVanderer " and " Favourite" —
should not have prompted a timely refusal to enter upon negotiations for Reirulations,
thus saving much trouble and uncertainty, which now appear to be unavoidable. The
British fleet engaged in scaling last season numbered sixty vessels; of these, the
" AV^anderer " and "Favourite" "cre the only ones seized by United States' olticcrs,
and these s(Mzures were made because of a direct infraction of the liegiilatioiis of
1804, agreed upon as above stated by both Governments. The " AVan.lerer " was
seized on the 0th June, I8!J4, and the " Favourite' on the 7tli August, 181)1. The
master of the " AVanderer," before the sciziire, srited to the boarding oflieer that all
his arms were scaled up, which, upon exa>ninaiio->., «as found not to he true. N'o
objection has ever been made by ller .Majesty's Government because of tliese seizures
until the present time.

The case of the " AA^nnderer " was made the occasion of the Deparlinent's !iote to
Mr. Goschen of the lUtli November, 1^91-, communicating the full report of the naval
otKcer in command. Tiiat seizure, like that of the " Favourite " aNo, was made because
of a direct infraction of the Regulations of 1891, agreed upon as above stated by both
Governments ; and that being the case, it is, I submit, quite immaterial whether the
United States' naval officer effecting the seizure was under an erroneous impression that
the United States' Act of the (Jtb April, 1894, was concurrently applicable to the
case.

No correspondence whatever between the two Governments appears on record with
regard to the seizure of the " Favourite," Imt the date upon which it was ellected —
the 27th August, 1^94— justifies the supposition that the facts in regard thereto, as were
certainly the facts in regard to the seizure of the " AVanderer," were in possession of Her
Jlajesty's Govcrninent during all the preliminary nogotiatiotis between yourself and
Secretary Carlisle from the 15tli December, isyi, to the ITtli Janui>ry last ; .iini this
Government is at this late date for the first time infornieil that tiiose seizures are made
the ground for the refusal by Her Majesty's Government toa'lopt concurrent Regulations
for 189:).

Ill view of your present communication on the 11th jAlay, it is pn'siimed (hat no
British sealing-ve>scl now at sea iins ajiidied, or will hereafter ajiply, lor the piivilege of
having iti- (uitlit and arms sealed up. 'i'lie otHcors of the United States' patrolling fleet
will, hov\ever, be instructed that tlic f.iihire of a Briti.sh vessel to have her oiiltit and
arms secured under seal is not a violation of the Paris Award or of the liiitish Act of
Parlinment ; they "ill also bo instructed to refuse to grant this ju-ivilege in the future to
British vessels. Similar instructions will iit once be given to our Consuls in Japanese
and liriiish. Columbian ports.

Notwithstanding this, 1 have the iionour to re(|iicst, through you, that ller Majesty's
Government shall notify its officers engaged in patrolling the .Award area to seal up the
outfit and arms of .American vessels applying for this privilege, in iccordance with
sections 4, r),and G of the Regulations jiromulgated by the President on the Ihth January
last.

With further reference to the precise complaint which your present note of the
11th May appears to convey concerning the seizures of the "AVanderer" and " Favourite "
and your reijuesf based thereon, I beg to further inform yvu that the instructions already
given to Uuiied States' otficers as to patrolling the Awaid area during the preiient season
will not admit of any other doubt as to the proper scope and limitation of the -Act of
Congress approved on the tith April, 1><94.

I have, &c.

(Signed)

EDAVIN F. UHI,

[63S1

Actinij Secretary.

; ;l

Inclosure 2 in Xo. 13.

Sir J. Pauncefote to ^fr. Uhl.

SIp, Washington, May 20, 1895.

I HAVE the Iionour to acknowledge the rcceii)t of jour ixotc of the 18th instant in
rci)ly to mine of tlie 1 Ith, in which I annonncetl the decision of my Government not to
renew for the season ISO."* the experimental arran-j^ement for the voluntary sealing-up of
arms f-nd implements of fishery which was adopted last season with a view to the better
protection of sealing-vcssels against unnecessary interference within the area of the
RclirinK Sea Award (hiring the close season. You informed me that, pending the reply of
my (iovernmeiit to that ])roposnl, its acceptance had been infoircd hy your Government
from t'.ic delay in the reply as well as from the ianguaffo of "The British liehring Sea
Order in Council, 189i5." Yon base that inference on tiie recital in that Order in
Council which states tlmt " certain arrangements had been made between our respective
Governments," and you conclude that the word " arrangements " must be held to include
the ngr<'eniont or understanding between Secretary Carlisle and my.>clf respecting the
renewal of the sealing-up of arms arrangement.

In the first place, I beg leave to remind you tliut, as explained in my note of the
lull, there was no '■ agreement or uiulorstandini; " between Secretary Carlisle and
myself except that I should refer his draft of proposed Regulations for 1895
(of wliich a copy was inclosed in my note) to my Government for their approval and
concurrence.

In tiic next place, it appears to have entirely escaped the observation of your
Government that the "arrangements" mentioned in the Order in Council of 1895, as
well as in all the previous Hritisii Orders in Council as having been made between the
two Governments, are expressly stntcd to be arrangements for givinj;- etfoct to Articles 4
and 7 of tlie Regulations prevcribed by the liehrin-j Sea /Vward, which relate to the form
of licence, the distinctive fiag, and the fitness '.rf the men employed. No inference,
therefore, could i)ossibly arise from the language of the Order in Council, that the
arrangements therein mentioned extendeil to the proposed renewal of the arrangement
respecting the sealing-up of arms. '' Expressio unius est exchisio aiteriiis."

As regards the delay on the jiart of Her Majesty's Government in replying to the
proposal, it sIkih' '. be borne in mind that the (piestion was <me calling for careful inquiry
into tile working of the arrangement during the season 1S!J4. As before mentifmed,
it was an experimental measure designed for the protection and convenience of the
masters nf sealing-vessels, who themselves objected to il after the experience of one
season.

iSIore!.»er, it. led to the seizure of two Hritish sealing-vessels by United States'
cruisers under a misapprehension by the naval oliiccrs concerned as to their legal powers,
and ill viohition of the Agreement between the two Governments of the 4tli May, 1894
^sie Kx. Doc. No. (17, p. 120), which declared tti;it unless thoie siiould be evidence of
seal hunting, no sealinj;-vessel should be seized or detained merely on account of seals,
soal-skiiis, or fishery implements being found on board. .A lengthened in([uiry into the
whole working of tiie arrangement tiiercfore became necessary before Her .Vlaje.sty's
(ioveinmenl could be expected to arrive at a comlusicn. They will learn, no doubt with
satisfaction, that the instructions wliicb yon mention liave been sent hy your Government
to the ofiiciis of the United States' patrolling licet, and I shall not fail to transmit to
them a copy of your note by fiie earliest opportunity.

1 have, ite.
(Signed) .TU I.IAN PAUNCEl'OTE.

til

No. 1 I.

Sir J. Pduncrfotc lo the Earl of Kimlirrlry. — {Rerrivrd May SO.) '•

My Lord, ' Washimjton, May 2.\,\H\)o.

1 HAVE the honour to inform your T,ordshi|) that I delayed the traii>inissi:m of
a fmtlier note from the United States' fi'ovcrnment, dated the lOtli, on the subject ot
Ibe lui-sial fishery, and wliicli I Inid rc(]uested the ,\cting Secretary of State to recon-
sider, "iili the >iew to the corr. ction of an error of fact wliich appeared in it.

% 20, 1895.

IHlh instant in

crnment not to

ry scaling-up of

c»v to the better

lie area of the

ing the reply of

)ur Government

h Rebring Sea

that Order in

1 oiir respective

held to include

respecting the

my note of the
ly Carlisle and
tions for 1895
ii- approval and

rvation of your
ncil of 1895, as
ide between the
ct to Articles 4
late to the form
X(i inference,
ouncij, that the
lie arrangement

3."

replying to the
r carefid inquiry
tore nientirined,
.'enicnce of the
pcrience of one

United States'
sir legal powers,

4th May, 1894

be evidence of
ccount of seals,
incpiiry into the

Her .Vlajesty's
1, no doubt with
mr Government
1 to transmit to

JNCKKOTK.

).)

Uii/ 21, 1895.
tr<•l^^Inissi;)n of

the sulyoct ot
Slate to recon-

it.

The note was only returned to me by Mr. Uhi to-day, and I have tin- lioiiour to
inclose a copy of it.

The passage to whidi I took exception will l)e found in brackets (see p. 21 >, v\iiere it is
made to ap|>e.')r that Article 1 of the Kegnlatioiis proposed l)y the United Slatc^' (■overn-
mi'iit for \^'.)'> is now in force, wiiile, on the contrary. Ifor Miiji'sty's Govermiu-nt have
declined to adopt it.

In returning the \iote to nie. ^Ir. Uid informe 1 inc. in an unolRcial letter, that, in
view of the facts set forth in hi-; note of the I'^th instant relative to the refusal of Her
Majesty's Government to renew the arrangiiiient as to the sealini;-np of arni>, there
seemed to he no occasion to modify the lassage in (|iiestion.

Copie- of Mr. Uhl's note of the I'^tli instant, to wliicli iie rol'er-. and of my reply
thereto, are inclos.'d in my despateh of to-day's date.

I have, itc.
(Signed) .IL'LIAN I'AUNCKFUTK.

Tn<'losure in No. 1 1.
Mr. I'lil Id Sir J. I'/iuiirrfot''

Kx(!('llency, Dijuntmcut at Shtlr, WnsliiiK/lon, Mnii !(», IM).">.

ON tlie 23rd January last the Secretary of State had the honour to address yoti an
important eonimunication respecting the President's deep solicitude with regard to the
future of the Alaskan seal-herd, and suggesting to Her .Majesty's tioverninont that a
Commission be appointed on behalf of Great IJritain, Russia. Japan, and the Fnited States
to investigate and report touching the eti'ects of ])elagie sealing, and the proper measures
needful to regulate such sealing so as to protect the herd froni destruction, and permit it
to increase in such numbers as to permanently furnish an anntuil supp'y of skins; and.
furthermore, iirojx.'sini;' that during the deliberations of such aCommiv.ion a viodus rirciull
be agreed iipon e.vteniliiig the area embraced in the Regulations ff the Paris Tribunal
alonir the line of the :^.)th degree of north latitude to the Asiatic s'lore, and absolutely
prohiinling sealing in Behring Sea pending the Report of siieh Cmninission.

At the date of that projiosition, but little time renuiiiu-d available for reaching an
agreement between the two Governments parties to the Paris Award which could be made
efi'ectual during the present sealing season, and forobtaiiiing the concurrence of the other
Government-^ interested — Russia and Jajian, and early action upon the subject was
naturally expected. This l)epartment is. however, yet without information as to wiitther
Her Majesty's Government is prepared to take effective steps, as suggested, to check
the api)alling diminution of the .Alaskan seal-herd within the area of the Award, and
avert the imminent destructiiui of the important industries to which the seal (isheries
give rise.

At this late day, the proposition for a (juadruitle investigation a;i 1 report can
scarcely be executed during the present year. and. while it remains a matter for urgent
consideration in jirevision of next year's needs, the delay brings into niore iniuu-diate
and urgent promir.ence tiie second brancli of the proposal, and especially the impera-
tive need of agreeing upun tlie absolute closure of liehiiiii; Sea to pelagic sealing
until the four Governments may reach a convenient accord on the general features of the
problem.

Extended consideration of the subject since Mr. Greshain's note of the 2J5rd .ianuary
was written has not only coiilirmed tiie grave api)rehensions then ex|»ressid, but has
forced upon this Government the conviction tliat further sug;;estious designed to exp^i^d
by mutual agreement tiie scope of the Paris Awani, in order to make il more ellect've
for the iiurpose of preserving the fur-seal herd, are warranted by the informaticm row la
possession of this Government.

Tlie sealing season of 1894 was the first during which the provisions of the Paris
Award were applicable, and the pelagic catch of seals, both without and within the area
defined in tlie Award, jiroved to have lieen the largest ever known.

The statistics of the seal catch, as estimated in another note addresst'd to you by the
Secretary of State on the same day, the 23rd January are contirmed by later knowledge.
Reliable information discloses that ];)8,:j23 skins taken by pelagic sealers in tiie North
Pacific and in Hebring Sea, from the American, RnsHian, and Japanese herds during the
season of 1894, were sold in London. Careful estimates show that about a,0(»n were
retained in the United States for dressing and dyeing, making a total of 141, 1323. To
[038] 1) 2

•20

this shoul'i 1)C added about SOO, uliich «cro known to liavo been on a vessel believea to
have been lost, makin- the total catch about 14-.',0UU, of «hieh 50,GS(5 were taken within
the area covered by the Pari-t Award.

Tiie following-- Table -ives the number of skins taken by i)ela<,nc sealers witliin saul
area durinir the venis 18!»0 to 1894, inclusive : —

IS'.M
IS'.M
I «'J'.'

1 8!) I

40. so;)

■4-i.'.Ml
•40,1112

It ir.aj bo estinia(ed, within moderate bounds, tliattliese fii:urcs roi)resonl only about
one-third of all the seals killed, the l)odies of the greater part not beinj;' recovered.

An examination of these fij^nres must sutisfy the most scei)tical mind that the tiir-
seal herd will be speeilily exterminated unless the scope and the details of the Award shall
be supplemenied l)y enhuj^ed rev;ulation.

So far as tlii.- Articles of the Award relatinj;: to tlie North Tacific Ocean, exclusive of
Beiirin-; Sea, are concerned, \. hereby all scal-fisbini.' from May to A unjust is forbidden,
much ^ood Jias been accomplished, and favourable results were apparent on tlio breeding-
islands early in the season. The fatal defect in the scope of th..- Award, however, was in
openinjr Ik'hring- Sea durinjj Auuust and September to pelagic sealing, and prohiljiting
only the use of Hre-arms.

It has !ieen claimed, and there is evidence in support of the claim, that the spear is
as destructive in iJehring Sea as the shot-gun, and some experts believe that even greater
destruction is accomplished by the use of the spear than by guns ; for tiie reason that t!ic
noise of the latter frightens away many seals whidi may bo easily killed while slecfjing on
the water by spearsmen. While the herd is travelling in the North Pacific Ocean, away
from tiie islands, it is very diiricult to kill seals with spears, as they are constantly
swimming, and rarely found asleep on the surface. In Belning Sea, iiowcver, the females
leave their pups on the islands and go out for a distance of li»0 to 200 miles, far beyond
the inhibited 00-mile zone, to feed. They are there found in large numbers asleep on the
water, and can easily be killed by the silent and skilful spearsmen. The large number of
pups foiiml dead from starvation on iiie islands during the latter part of September and
October 18!)4 12,000 by actual count on the acces.sible parts of the rookeries and
20,000 in all by careful estimates— shows the destructive effect of |)ormittiiig any pelagic
sealing whatever in Heliring Sea. With the closure of that sea to pelagic sealing, and
with the eiil'orcemont of the closed season in the North Pacific Ocean as established by
the Award, it is believed that tlie seals would receive no more than a fair degree of pro-
tection, wliercliy seal-tishing might continue to be i)rofitablc both on land and sea for a
long time to come. Unless such a restriction in the scope of the Award be made, the
fur-seals will be exterminated for all commercial purposes within a very few years at the
most, and the dependent industries destroyed. These considerations, joined to the official
figures of last season's catch, which are now definitely known, fully bear out the wisdom
and necessity of the projiosals made in Mr. Gresliam's note of the 23rd January, making
it more than ever the President's inijierative duty to recall to the attention of Her Majesty's
Government the defects in the form and scope of the Paris Award, and in the legislation
thereunder, for carrying out its provisions, especially that enacted by the British Govern-
ment ; and I am directed by the I'resident to earnestly renew through you the endeavours
already set on foot to secure 'uy mutual arrangement appropriate legislation on both sides,
in order that the object of the Award, to wit, the preservation of the fur-seal fisheries for
the mutual and lasting lienefit of the citizens and subjects of the two countries, may be
cftectually accomplished.

'i'he contention of Her Majesty's Government that Regulations framed for the purpose
of carrying out the Award should be co-extensive with, and limited by the terms of, the
Award, would seem to be sound, but this circumstance makes it the more incumbent
upon the two parties to consider certain aspects in which the Award fails to provide
for contin*iencies which one brief year's experience lias show n should be prom|»tly met.
No ade<iuate remedy seems effective except through concurrent action, for Her
Majesty's Government, by insisting on following the strict terms of the Award, only
empiiasizes the glaring defects therein, and demonstrates the need of ai tgreeraent to
cure them.

One of the mo.^t radical infirmities of this character, so conspicuous as to amount to
a miscarriage of the undoubted purpose of the Award itself, is fouru in Article 6, which
prohibits the use of fire-arnis ami explosives in fur-seal fishing, the only exception being

isol l)elievcHl to
re taken within

ers witiiiii said

).SII'.I

i.'.MI

-t.lil.i

j.tisr,

SL'iit only aljoiit

•i-nvorcd.

il that tlio

fur-

the Award

shall

an, exclusive of
I is forhidden,
)n the hroediiii!,-
h()wev(>r, was in
\\\d \)Vii\uhhing

hat the spear is
at even j^reater
reason that t!ie
hile slcL'itinn' on
(if Ocean, away
are constantly
ver, the females
iles, far beyond
rs asleep on the
farge number of
f^epteniber and
' rookeries and
tinjf any pelagic
^ic sealing, and
i established by
■ degree of pro-
d and sea for a
1(1 be made, the
:^w years at the
ed to the official
out the wisdom
aniiary, making
)f Her Majesty's
I the legislation
British Govern-
tho endeavours
1 on both sides,
cal fisheries for
untries, may be

I for tlio purpose
le terms of, the
lore incumbent
iails to provide
promptly met.
nion, for Her
10 Award, only
1 igreement to

IS to amount to
Article 6, which
(xcepiion being

tihot-guns when used outside of ndiring Sea. Tiiis prohibition is directed simply against
tlie use iif these weajjons for one particular pur;>(>se. that < f killing fur-seal, leaving the
l)ossc'ssion and use lawful tor all dtlur purjioM's, such as killing whales, wahiis, sea-otter,
liair-seal, and other animals found within Hebring Sea. ICxperienoe has shown it to be
almost a practical impos-ibiiity to detect a sailing-vessel in tiic act of using fire-arms for
this one proliibited purixise. Altliongli the searching oflficer may lie morally certain tliat
(ire-arms have been used, and may properly coii.-i'ler the mere presence of fire-arms on
the vessel, if accompanied with bodies of seals, soal-skins, or «)ther suspicious evidence,
sutiiciciit justification (even apart from the ]irovisions of Section 10 of the Act of
Congress of the Gtb April, 18'.)4, which is applicable onl" to American vessels) for the
seizure of such a vessel, it must be apparent that in jiroceedings for conilenmation
brougbl in a Court thousands of miles away from the ])Iace of Mi/.iire. i' will ho almost
impossible to secure conviction and forfeiture on the ground of illegal use of weapons.
Furthermore, under the jiroi-edure nece-^sarily following the seizure of a Hiiti-ih vessel.
the I'liited States' otlicer delivers the vessel, with such witnesses and pr.iof as he can
produce, to the Senior British Naval Officer nt llnalaska. At the trial no Re])re^enta-
tive of our Government is jircsent, and the British Government must (•on<luct the
prosecution, and must trust to such prootV and witnesses as the Au'.ericau otlicer could
collect and fnrnisli at the lime. Under siicli circumstances, forfeiture of the vessel
cou'd not be secured except in the clearest cases of guilt.

The prohibition of the use of fire-arms in seal tishinjv in Itehring Sea can be
effectually accomplished only by ))rohil)iting the jiossession of fire-arms in that sea
adapted to the killing of seals.

The provision of Section H' of the Act of Congress of the (ith A])iil, lf*iH, by which
;i jiresuinption of a legal use from the possession of implements forbidden then and there
to be used is raised, aids materially the enforcement of the Awaid in the case of
American vessels, to which, as I have said, our Act alone applies. It is greatly to be
regretted that no ecjuivalent provision is found in the liritisii Act of I'arliament,
enacted the 18th April, 1S!)4, for carrying out said Award ; and in this connection it is
significant that in tlie prior Act carrying out the modus rirendi of the I'lh .June, 1S91,
for the prohibition of all sealing in Bebrini: Sea (54 & 5'> Vict., cap. 1!)), a [irovision
similar to that in the Act of Congress above cited was inserted as follows ; —

" If a Ikitish ship is found within Behring Sea having on board thereof fishing or
.shooting implements, or seal-skins, or bodies of seals, it shall lie on the owner or master
of such ship to prove that the ship was not used or cmploved in contravention of this
Act."

The principle thus enunciated is so evidently just and necessary, that it is not easy
to understand "by the later British Act legislating upon the same subject .should have
contained no similar provision in terms confornnng to the intendment of the Award. The
Secretary of the Treasury is of the opinion that, although an amendment bringing the
present British Act into harmony with the prior Act and with the .American Statute in
this regard would render the task of enforcing the Award much easier, and gi\e more
ett'ectual results, the most satisfactory amendment would consist in common legislation,
rendering a vessel subject to forfeiture if founil in Behring Sea with fire-arms on board
adapted to the killing of .seal.

It should further be provided by oneurrent legislation that sealing-vessels liavii;.^-
implements or seal-skins on board, desiring to traverse the area covered by the .Xwaid
during the closed season, if licensed, and during any season, if unlicensed, should have
such implements duly scaled, and their catch noted in the log-book (a privilege now-
accorded at the option of the master, under the Regulations of 18'J5, .Article 4), under
the penalty of forfeiture for violation of this privilege.

This privilege, however, as above stated, should not be accorded to vcs-els having
fire-arms in Behring Sea.

It is further to be noted that, under the British Act of Parliament, "the provisions
of 'The Merchant Sliipping Act, 18.')4,' with regard to official logs (including the penpl
provisions), are made applicable to sealing-vessels ; " said penal provisions, however, do
not appear in the Schedule attached to the copy of the Act ,n the possession of the
Department.

I have, therefore, to request that yoi: will ascertain and inform me whether such
penalties include the forfeiture of the vessel and cargo. Section b of the Act of
Congress expressly provides that any violation of the Award or Regulations will render
the vessel and cargo liable to forfeiture. It is feared that because of the spejific
reference in the British Act to the penal provisions of "The Merchant Shipping Act,
IS.") I," as to ofllicial logs, the failure of a vessel to keep log entries might not bring lior

f-rO

within the ffcneral Iial)iii(_v f<> forfoilure contained in the British Act, unless >ai 1
Merchant Shipiiinij Act iio'^v made a part thereof contains similar provisions. Durinp
the past season, lo;; -booli entrio- were dulv made hy I'liiled Slates' : eaiin^-vessels in
Helirinff Sea, and were transmiticd to Confjrcss.

The l)e|)artmcnt

ifornicd that simihir entries were made hy Britisli vessels

simil
ill Behrliif^ Sea, whicii entries have been (hily transmitted Uy tlic British Government.
.Many vessels, however, had cleared lor the coasts of .lapan and luissia as early as
January, Ion;; before liie i»a.ssa;i;e of cither the Act of Congress of the Oth April, 1894,
or theAct of Parliament of the 18th April, iHiM. Inasmnch as tlie .VwanI was not
self-operative, and contained no i)enalties for its violation, the Treasury Department
considered tliat tln' penalties ])rovidod in the Hnhsccjueiit legislation were not retro.ictivc,
and could not properly be apjdied to tlie failure to make the los? entries required by the
Award liefore the passage of said lenislation. 1-^ntry was therefore permitted for the
catch of seals on receipt of the master's oath iliat he cleared in ignorance of the
provisions as to log-book entries. Durin;; the coming season collectors have been
instructed rigidly to enforce the law as to log-book entries ; and the e.xact status of the
Britisli law, therefore, becomes of i^reat importance, so that an early answer to my
present inquiry is very desiral)le.

A\'hile upon tiiis subject of so a.nending the concurrent legislation of the two
countries as to secure uniformily, 1 may invite attention to the fact that under the
British Act it is nowhere made the duty of the Ihitish naval .leers to seize ships when
found in violation of the law. Section 11 of the United States' Act imposes that duty
on I'liited States' oliicers duly designated by the President. Y'oii will recall that
]SIr. (iresham adverted to this jwint in liis note to \ou of the lOtli .April, 18iM; and in
your reply of the 1 1th April you observed that, in your opinion, tiie word " may" would
be construed as imi)erative, and that, in any case, the instructions to the naval ofHcers
would jirobaljly remove ail doubt on the point. It is now sid)mitted, however, that this
detail is too iniporiant, to be left to n\ere administrative interpretation of a Statute
which in ter.'ns omits to prescrilie tiiis mo.st essential duty; and, in the judgment of the
President, t'.iis discrepancy in the concurrent legi-lation of the two countries should no
longer continue.

'iesidcs advancing these considerations in regard to the concurrent legislation for
regrir.ting sealing in tiu; North Pacific and Behring Sea, the Secretary of tlie Treasury
has asked me to ascertain, through you, whctlier, during the past season, the British
Government has employed insjiectors to verify the log-book entries of British vessels as
to the number and se.\ of seal-skins landed, in like manner as provided by the legisla-
tion of this country. .All skins entered during the ])ast season at United States' ports,
except i'ort Townsend, were duly examined by e.\pert inspectors as to number and se.x ;
by an error, however, the skins entered at Port Townsend, although duly examined and
counted, were not classified as to sc.n.

The Secretary of the Treasury further suggests that the British Government be
requested to consent to the stationing of United States' inspectors at British Columbian
ports for the pnrjiosc of verifying said log entries of British vessels, and examining the
Bkins as to sex ; reciprocally according the British Government a like jirivilege in TTnited
States' |)orts. J have, therefore, the hoiiour to make such request, and to invite as early
a response thereto as may be practicable.

In thus communicating to you, by direction of the President, the proposals and
suggestions of tiiis Government, 1 desire, by way of recapitulation, to lay especial stress
upon —

1. The necessity of immediate agreement to close Behring Sea absolutely to pelagic
sealers pending consideration of the proposition for extending the protective area of the
North Pacific Ocean along the yJth parallel to the Asiatic coast, with the concurrence
of Uiisi-ia and .lupan ;

■-?. The jiroposal for a woiluti vivendi, whereby the elfcctive concurrence of Great
Britain, llussia, Japan, and the United States shall be lent to the protection of the fur-
seal iierds ;

;>. The appointment of a .Toint Commission, as suggested in Mr. Grcsliain's note of
the 23rd January last ; and

4. The advisability, if not the proven necessity, of amending the concurrent
legislation of the two cmii. tries tor the expansion and more precise definition of tlie
scope of the I'aris Award, and the duty of the two Governments thereunder.

I have, &u.
' " " ■ (Signed) EDWTX F. U^llL, Ading Secretary.

,»

iiiiios ^ai I
loiis. Duririfr
in;;-v{'s.sels in

iritisli vessels
Oovcninicnl.
as uailv as
li April, 1894,
ward was not
■ Depart inent
i)t ii'tro.icdvc,
quired by the
itfed for the
i>rance of the
s have been
status of the
nswer to my

of the two

lat under the

zo sliip.s when

)Hes that duty

II recall tliat

18!M; and in

' may " would

naval officers

L'vor, that this

I of a Statute

l^niont of the

ries sliould no

cgislation for
the Treasury
II, the Hritisli
ilisli vessels as
\v the le^■isla-
Statos" ports,
nber and sex ;
examined and

overnment be
sh Columbian
jxamiiiing- the
ege in United
invite as early

)r<)posal.s and
^special stress

eiy to pelagic
e area of the
( concurrence

ice of Great
•n of the fur-

liam's note of

c concurrent
lition of tlie

No. 1.-. I

Kiirl of Kimberhi) to Viscount Gou,jh.

(Toleirraphic.) Forr'ijn Office, .luni> 17, l^'O').

TN compliance with thi' rc(|iii'>t of the I'liiffd Stat(>s' (lovoriiment, reported
in Sir J. Pauncct'ote's de^pritcli of the 21st ultimo, the otficers (-omm.'indimr Hu*
British ships of war i>n seal-fislierv duty in Hchrini; Sc.i will W ;tntli(irizeil to continue
sealinij-np the arms and ammunition of American sealini»-v('«s<'ls if reiiuested to do so.
You should so inform the T-nited ."States' riovernment.

No. 10.
Viscount Gough tn the K<trl of Kimhrrlpij, — {Rrccivcd June 22.)

My Lord, Xarport, Rhode Island, June 12, 1805.

WITH reference to Sir .1. Panncefotes despatch of the 21st ultimo and to
previous ('orresi)ondence respoetin-;' the scnpe of the arranijjeinents entered into between
Her Majesty's (Tovcrnnient and the (Jovernnieiit oi' the United Stales with regard to seal
hunting in the Award area. [ have the JKinour to forward heiewith copy of a note which I
have received Ironi Mr. Uhl, Acting Seer<itary of State, in reply to tiie note addressed to
him by Her ^lajesty's Ambassador on the i'Otli idtimo, cnjtv of which was forwarded in
his Excellency >; .ihove-mcnlioncd dcsp.ilch to your L'trdship.

Your Lordship will perceive that .Mr. Uhl again expresses his regret that Her
Majesty's Government were not more prompt in notifying their refusal to continue the
arrangement for sealing-up of arms on board sealing-vessels in transit through the Award
area during the close season, and he states that the United States' (iovernnient nuist
disclaim in ailvance any responsibility for any consequences of the delay in making
known such refusal, not conceding, however, that any would otherwise exist.

I have, Sec.
-,..., - '■ (Sign.-d) GOU(iir.

Secretary.

Indosure in Xo. 1(5.
Mr. Uhl to Viscount Gour/h.

My \jOYi\, Department of i^late, Washington, June 8, 181)3.

I HAVE the honour to acknowlcilgc the receipt of tiie Aujliassador's note of the
20th May last, in continuation of previous correspondence concerning the scope of the
arrangements entered into between the two Governments wilii regard to seal hunting in
the Award area.

Sir Julian takes the ground, first, that no "arrangements" in the sense of an
agreement had been entered into between him.self ami the Secietary of the Treasury
except that Mr. Carlisle's draft of the proposed Regulations for 1S();3 should bo submitted
to Her Majesty's (iovernment for approval and concurrence ; and, second, in etiect, that
the Order in Council for 1 81)5 in terms excluded, as did the Orders of |)revious years,
any arrangements for the scaling-up of arms on board sealini;-vessels in transit through
the Award area during the closed season.

As expressly declared in my note of the 18th ^lay, it was not understood that liie
Ambassador had authority- to bind his Government, or had imdertaken detinitely lo do
so without a formal transmission of the proposed Uegulations. The fact remains, iiow-
cver, as already .stated by me. that an under.-tanding or a;;rcemeiit was reached l)ctween
Sir Julian and the Secretary of the Treasury as to the form and sul)sijince of the Regu-
lations in question, which agreement, in the form of Regulations prepared by them
respectively, and reduced to writing, was to be submitted to i.-.t President and to Her
Majesty's Government for approval.

Not only was a formal coimter-drafi of those Uegulation.s Mihmitted by the .Ambas-
sador to the Secretary of the Treasury, hut the Hnal form agreed upon between them
containeil many elianges suggested by him, and, indeed, after ihe agreed draft had been

; t

i'.

I^A

^.'

!:■■-

sent li> llio I'rcsiiknt for siijiiadiri', ^ir .liiiiaii's Ivtter of tlie SOtli .Tarnary to
Mr. Cailihli- iiointcil out certain words evidently ins.Tt'jil hy mistnlic, and refoned to tlie
dratl a> an •• iirranj,'c'nuiit.'' Furiher, Sir Julian is iilcased to say that it ai)|)cari to liave
.-ntirciy escaiR'.l the ohscrvalion of tliis Government that the "arranjremcnts" men-
tioned in the Order in Council of IKO.'i, ns well as in all previons British Orders in
Council, as havin-,' hcen made l)ct\veen the two Governments, are expressly stated to be
arrangements for giving effect to Articles I and 7 of tlie Regulations prescribed by the
Behring Sea Award, which relate to the form of licence, tlic distinctive fl..g, and the
fitness of the men employed ; wherefore his Excellency asserts that no inference could
]iossil)ly aiiso from the 'language of the Order in Council, that the "arrangements"
therein menticmed extended to the proposed lenewal of the arrangement respecting
the He;ding-up of arms.

I beg to submit that the point to which his Excellency refers was not overlooked hy
this (iovcrnment in view of the identity of the provisions of the Order of ISO.') with those
of the ])rcvions Orders in Council to »liicii bis Iv-ccellency adverts.

Knowing tlint the Onlcr of lS!t| referred to arrangements agreed upon between the
two (Jovernnients, as statod in Sir Julian's note to .Mr. Gresbam of the lOth May, 1S94,
and knowing also that those arrangements expressly included Kegulations for the sealing-
up of fisbory impkineiits at the rocpiest of the masters of the sealing-vesscls, it was not
obvious that, by repeating the same provisions, Her .Majesty's Government intended in
lS!i." to cxeludo a jiait of the Hcgulations which were included in the Order of 1894.
Otherwise a concbisinn — entirely untenable — follows tliat the .slightly varieil recital of the
Older of the L'lid February last must have concealed a positive decision readied by
Uer Majesty's Government at that early date to reject the provisions of the arrangement
of January relative to the sealing-up of arms, which decision was not annoimced to this
Government till the llth -May following.

Ho far as touches his Excellency's a.sscrtion, that no inference could properly be
drawn that the '•arrangement" mentioned in the Order of 180.") embraced also the
securing under seal of the ecpiipment of sealing-vesscls as i)rovi(led for in sections ■!•, 5,
and (i of the draft Regulations of T-!{)5, I have the honour to reply that no arrangements
whatever have been entered into i)etwcen the respective Governments during this year
on the subject in (piestion other than the "arrangements" contained in tiie draft from
which were phrased the Regulations of 181)5, promidgated by the President on the
18th .lanuarv, ami that the reference in the Order in Council of 1895 could only
have relati'd to tl'.e draft of Kegulations prepared l)y the Am!)assador and JMr. ('arlisle.

That the eliecl of the Order in Council in limiting tlie word •* arrangemeiits" to
Articles 4 ami 7 ('f the Award (thuh by necessary implication ratifying the corre.sponding
Articles 1, :.', ami •"'> of the draft Regulations) was not regarded by the British Govern-
ment as a retu-al to concur in the remaining Articles of said Regulations is made evident
by tiic I'act. that formal notification of such refu.sal was deemed necessary by the Ambas-
sadors, note of the 1 Itli May.

I'ntil that refusal was thus tardily communicatod to ibis Government, I repeat that
we had every reason to believe that the Older in Council of the 'Jnd February last, as
conmiunicated by Sir Julian to Mr. (iresbam cm the (ith March last, related to the ante-
cedent "arrangements" of .Fanuary last, precisely as did the Order in Council of 1894
relale to the earlier 'arrangements" of tiial yiar. Either an arrangement was entered
into this year on the basis of the draft, of Kegulations of January last, including the
securing under seal of the outfit of vessels, as well as tiie form of the distinguishing
ring, special licence, and fitness of seal hunters, or there was no arrangement what-
soever made this year. Her Majesty's Government cannot, witliout manifest incon-
sistency, rely on the first three Articles of the draft, while at the same time repudiating
the remainder.

1 note the Ambassador's suggestion that the cause of the delay on the part of Her
.Majesty's (ioverniiK'nt in communicating its conclusions in regard to the draft llegula-
tioiis of January last is due to the careful inquiry entered into as to the working of the
"arrangements " during 1^94, as a result of which inquiry it appeared that the masters
of scaling-vcssels objected to the practice of having their outfit secured under seal after
the experience of last season. The only two cases mentioned in Sir Julian's note
upon winch to base the contention of Her Majesty's Government that the Agreement
between the two Governments of the 4th May, IS94, was violated, had occurred long
prior to the date of the negotiations between Sir Julian and Mr. Carlisle.

Correspondence in regard to the " Wanderer " had been exchanged some weeks
before between your Embassy and this Department without suggestion of complaint on
this particular score.

JaiHiary to
cfcnoil to till-
)|)car; <o have
nicnts" incn-
isli Orders in

stated to be
icribcil hy tlie

fl..j?, and the

fcrence could

rranjjenients "

!nt respecting

overlooked by
80rMvit!i those

n between the
Ih Ma.v, 1S94,
or the sealinjjj-
els, it was not
t intended in
)rder of 1894.
1 recital of the
)n reached by
e arrani^ement
)unced to this

Id properly be

accd also the
sections i, 5,

arrangements
iring this year
the draft from
Bsidcnt on the
95 could only

Mr. (Carlisle,
ingcnients" to

corresponding
ritish Govern-
? made evident
by the Anibas-

I rejieat that
bruary last, as
d to the ante-
)iincil of 1894
it was entered
, incliiiling the
distinguishing
igement what-
anifest incon-
fie repudiating

B part of Her
draft Regula-
orking of the
t the masters
uler seal after
Julian's note
lie Agreement
occurred Icng

i some weeks
complaint on

On ilio 2iul Fcliruary last, the date of this Order in Coinuil. liir .M«je>ty.> (iovern-
niciit, as elated in n>y previous note of llie 18th .May, presumably ha'l in its possession
the draft of Itou-ulatioiis of January. It also pre^uinubly had tiie ne|)ort of the Canadian
Minister of Marine auvl Fisheries to the (iovernor.(!eneral in Council, dateil the 9th
.January las*, in wiiich full statistics of the catcli of 1^94 were given, as also loi^-book
entries of vessels entering 15ehring Sea. in which lieport no nicntinn whatsoever is made
of any dissatisfaciion w:tli tiie Hej^ulafions of 1S'J4. At the time this I'eport was
jjublislu'd al! t lie sealiiig-ve-sels iiaci returned from the cruise ()f l>*'.tt,aml on tin- 'Jnd
February last, tlie date of the passa^je of said Onlcr in Coiiiieil, a large number of them
had already left for the cruise of \f^U'>.

I'lider ail t!ii'<i' circu'.nstaiu'es. it becomes my duty to a^ain express tlie deepest
regret tlial Her .Majesty's (iovernment could have allowi'd such a space of time to elapse
before tiiving to tiiis < iovernment notice of its refusal to concur in tiie l{ef;ulati.)n»
drafted iiy the Ambassador and tlie Secretary of the Treasury in January last ; and tliis
delay is all the more to be regretted, for the reason that the inajority of the vessels of
the L'nited States' ])atrolling fleet have sailed under instructions that the Regulations of
I89o apply to British as well as to American vessel's. I must therefore again express
the judgment of this Government that it was entitled to prompt notice respecting the
acceptance or rejection of those arrangements, adding that it was in nowise bound to
regard the tardy communication to it of the Order in Council of the iind February last
as a notice of the refusal, in whole or in part, to accept those draft Regulations.

Under all tile^e circumstances, this Government must disclaim in advance any
iinpntablo responsibility for any consequences of the delay in making kiio.\n such refusal,
not conceding, however, that any would otherwise exist.

I have, &.V.
(Signed) EDWIN I'. UUL,

Acting iiecretury.

So. 17.
Vuicount Gougli to the Earl of Kiiiiberlf;/. — {Revi-hrd June •11.)

My Lord. Xrw/wrl, June 17, 189r).

1 Jl A\ K the honour to hirwnrd herewith to your Lordship copy of a note which
I have received from Mr. Olney, tlu; new Secretary of State, r.'port'ing xhe seizure oi
the Jiritish sealing-schfxmer •'«lieli)y"on the 1 It'h May last by the I'liited States'
revenue-cutter " Corwin."

Mr. Olney iiiforins nie that the declaration ( f seizure states that the vessel was
seized for disrey;arding tlie I'roelamaiion of the I'lVsident of the United States and the
Act of Congress of the (jth April, lb94, but that, from an examination of the Report
of Captain Muiiger, of the United States' cutter " Corwin," it would apjiear that the
seizuri' was made (m the ground that there was cause to iielieve that the •'Shelby"
had killed fur-.seals within the Award area during the closed season.

Mr. Olney reijuests that the consent of lier .Majesty's Government be given for
the aiipointment of couusel to rejiresent the (iovernment of the United States in
condemnation proceedings against tin? "Shelby," and such other iiritisls vessels as
Jiiay be seized this season by officers ol the Uiuted States for vi<dati(Mi()f the
llegulations of the Paris Award.

Mr. Olney adds that he believes that such action will greatly assist in the pi-oper
enforcement of the Award provisions. -..^

The United Slates' Government are anxious for au answer to their rciiiiest as soon
as is couveniout to your Lordship.

I have, &c.
(Signed) (.OUGIL

Inclosure in No. 17.
Mr. Olney to Viscount Gough.

My Lord, ^ Department of State, IVa.ihingtijn, June l-i. 1 9o.

I H.VVE the honour to apprise you of the receipt of a lettiT of the llfh stant
1 the Secretary of the Treasury, reporting, in view of a communication .n the
!_6:3bJ t:

from

f ,

mil iiltiiiiii from (■•a|)tiuii .MiiiiirtT. oI'IIk- Unitc.l Stairs' n^viMuir-eiitti.'r " {.'oi'iviii." l!ic
seizure of till- |{i'iti>.li sialinir-scliooiier " Slielliv "' on llie lltli M:iy Inst.

The (lecliiralioii of seiziii'i; prepared liv Captain ;M nn^'cr, and di-liverr I to tlie
(.'omniandim; Ollicer of Her .Majesty's sliip " riwasaiil," states that the vessel wn-
si.'ized for disrei^'ardinu' lln' I'roehiinntion of the President of the l.'nitel States and
the Act of Conure^s of the (Ith April. IV.ll. Imoiu an examination of the iteport of
Captain Miini,'er it woidd ap|;ear that the sei/.nre was made on the -rtniinl 'hat
there was cause to lielieve tiia' said vessel had kiile 1 fnr-seils within the Award
area durim: llu' elosed season, the reason of siudi l)(diel' heini: found in the possession
hy the vessel of seal-skins, implements, ami out fits, toiri'ther with salt, shot-Lruns, and
animuniti lu

On rceeip' ofsniil lle|)ort. Captain llo:;pei, Commandinif ( (llici r of the p;it\'olliuL;-
fleet, was reminded that the Aet of Cnnu'ress of the Otli April. ls;!|., Mas applicahle
•)iily to A miM-iean vessels : he was also directed, if on investigation he found tlitit said
vessel m;is sei/cd on tlii> eliaru" of i!leu-al kiliinu' dnriiu:' the cdosed se:ison, I:) instruct
Cai)tain .MiuiL'cr ti. deliver to the Conunandin^' Ollieer of Her Majesty's ship
" I'heasant " an amended deidaration of seiziu'e, assii^uini;- as the cause the violation
of the I'lid \rti(de of the l!e;:ulalions of the Paris Award, as sei forth in tiu- Srhidules
anne\<'d to tlii' British Act «\' I'arliament, known as the i'.ehriui,' Sea Award Aet of
181) 1.

In this connection the receipt simied hy the Commaniler of Her Majesty's shi|)
" ! heasant " is called to vour attention : —

".Si/Av/, Mini Vi, lS!).->,

"In accordance with the provisions of section \'2. Article!), of the Mehrinu' Sea
{•'isheries .\ward, I have this day received from C. li. Hooper. Captain I'. S. J{. C S.,
commandinii; iVdirinu' Sea Heet, the IJi'itish scdiooncr " Slielhy,'" of Victoria, liritisli
Colundiia. C. Classeu, master, with hci- tackle, furiiitur", cari,'o, ami doeiunents. seized
hy the United States' revenue-steamer 'Corwin.' Ca])tain !•'. .M. Aiun^er eonMnandinif,
for violatiini of the Acts of C(MiL,'r(>ss and of the British I'ariianient rcgiilatin;j tlic
fur-seal fisheries.

(Si^'Hod) "J'ltANK A. (}\nroRTi\, Ueutinant, R.N.,

'' CommaiKlim/ tier liriUninir Majesti/s yhip ' PheiiKunt.' "

ft-

Ciider these circumstaiKH's, I re(|m'st tliat the consent of Jler ^[ajesty's Govern-
nu-ut he i,'iven for the appointment of counstd to rc))respnt the (iovernment of the
Cnited States in condeiuuatiou jiroceodinijs ai^ainst the " Shelhy " and such other
Yoss(ds as may he .seized this season hy fttliccrs of the United States for violation of
the Ue^ulations of the Paris Award, it is eonlidently h(dieved that such action will
v:reatly assist in the ])roper enforcement of the Award provisions.

In this (connection I ohsei-ve that the deelai-ation of seiziu'c will he ;imendcd to
tile i.'ud that tiie lihel on Ailmiralty may set forth the breach of the IJrilisli Aet of
J'arliament kimwn as the i}(dirinj^ Sea Award Aet of ISOt.

Askiiii!; that yon will have tiie kindness to promptly communicate to Her
^[ajesty's (iovernment the purport of this note, and to apprise me, at your early
«'onveni(Mice, of Jier .\rajestv's decision upon tiie sidjjcct, [ liave, Sz('.

(Si-ncd) inCllAP.D OLXEY.

Is'o. IS.
Viscount Gough to flic h'arl of Kiiiibrrlri/. — {Receivnl July 6.)

My liord, Xrirport, Rhode Inland, June 2S, ISO,").

Wll'll reference to your I.ordship's despatches of the 17th ultimo, addressed to
Sir Julian Pauucefote, eont'.uninu; the proposals of Her Majesty's Government
I'cspectiuj; the appointment of Ap;ents to reside on the seal islands and to collect
authoiitativc information l)y observations, which should extend over such a period ,is will
be sutticient to enanie a judgment to he formed oi the eti'ect upon the preservation of the
iierds, I now have the honour to forward herewith to your Lordship copy of a note wdiicli
1 have received from Mr, Oiiiey, the Secretary of State, in which he points out that,
althouiih the United States' Government (irmly believe that the sui^yestion of Her
Majesty's Government is inadequate, and cannot satisfactorily take the place of an inter-
national Commission of scientists, they are, however, unwillinjj to block the way to a
better approximate undcrstiuiding of the important conditions of seal life.

• (.'ur»viii." til.-

ivcrc 1 to till'
llic \CN>1'1 wii-

I Sink's ;m(l
tlir 15i')l(irt of

L;riniii(I 'li.'it
ill till' Award
till' ]ii)«.M'>siiiii
il!c(t-u;uiis. and

lie iiati'ullini;-

as ajiijlicahic

aiud that slid

nil, 1:) iusd'lict

daji'sty's sliip

tlic violation

tiic Sclii (lull's

Award Act of

Mai

('Sty's slii])

r/i/ i:'., ISi)5.
(' Uriii'iiiu' Sea
I', s. H. c s..
ictoria, Brifisli
mnciils, scizi'd
• foiinnaiidiiii^,
I'Ljiilating the

H.N.,

Pheiisiint.' ■'

('sty's Govci'n-
I'liinoiit of tilt*
lid suoli othei-
01" violation of
ch action Avill

ic amended to
Uritish Act of

lioatc to Her
at yonr early

D OLXEY.

liv 28, 1895.
, addressed to
; Government
>nd to collect
1 period ,is will
?rvation of the
:' a note which
lints out that,
eslion ol' Her
:e of an Inter-
the way to a

'■■•A

Mr. Ojia-y statis that he is ot" ojiiiiion that the proposal of Her Majesty's (Jovcrn-
nicnt iray he advantageously inoditied in the interest of all cor.cfTiud. .md h_' adds that he
is (lirerted hy the President to make a new pr.)|)osilion to Her .Nhijcsty's (iovc niiierit
Insfd larpely upon yonr Lordship's proposal, viz., th:it three Aijeiits eiieh he appointed hy
tlie Kspeetive (lovernii cuts of (irear Mritaiii, Uussia, J ipan, and the I'nited States, twelve
in nil. who shall he stationed on the Knrile, Comninnder, and I'rihvl'itT Irian's respectively.
Tli;;t these .\'.;eitf.s he iiistriieled to examine earei'uliv into the Cnr-scTl tishei v, and to
iccommend from time to time needful changes in the Kegnhitions ot' the I'aris .Award, ,ind
desirnhle limitations of the land entclics of each of the said islands; that within four year*
they shall pic^ent a linal Report to their respective (Government-; and that peiidinu' such
Report a mndus limii'li he entered into extending the Award Re^^^iilations aloni^ thi line
of the .■ii'th degree of north latitude from the Amerieiiii to the Asiatic shore. .Mr. Olney
hclieves that s'.ich slauLditer a.s li;is taken |)laee within the last year affords com lusivu
eviden(e that the Regulations, as estahlishe 1 hy the I'aris Award, are not ;,ivi u that
measuie of protection to tl;e herds tliat the Arhitr.iti )n intended, ami fliat tiic coiiuih rcial
extermination ot the fur-seal herd, .Asiatic as well as American, may he regarded a.s
imminent.

I have, v.'tc.
(8i-rued) GOrtill.

Inclosiire in Xo. 1^.

Mr. Olnri/ to ] isroviil (iniKjIi.

^[y Lord, Df'pinlmriit 0/ Slali', Wii.Jiiitiil</ii, .luur 21, l^'.t.'i,

ON the 27tii ultimo Her Majesty's Amla-sader handed to Mr. Uh.l a printed eoj)y
of an instruction from the t'orcign Otiiee, duled tiie 17th .May, '"■;>.'. m ansvMi to
Mr. Grcsham's proposals of the 2ord January last louchini: the ne'"ssi;v ot further
provisions to preserve the fur-seal herd of the .Northern I'aedic and Midirin;,' S.-a from
e.\termir,;.ti';r., in view of the inadccpiaey o| 'he ReguJatioi-.s lai'! (l:;wn hy t'u' Pa'is
Tribunal Arbitration, and specifically replying to the proposal of this (iovernment for the
a|)pointMient of an International Commission hy the (jovernments of the United State?,
Great Britain, Russia, and Japan respectively, to investigate the tur-sea! fisheries of those
waters, and, pending a Report hy the said Commission, for a inorliis rirrndl prohibiting
sealing in Behring Sea, and extending the Itegulatioiis of the Paris Award along the
.'35th degree of north latitude to the slaues of Asia. With regard to Mr. (Jrcsham's
statements concerning the startling increase in the pelagic slaughter of both the American
and Asiatic herds, I note that the reply of the Foreiirn OHiee takes the position that this
Government, because of its conlention before the Paris Tribunal that the Asiatic and
American t'ur-seal h.crds are distinct and do not commingle, cannot now with propriety
draw any inference as to the effect of pelagic sealing on the Amci'ic.iii fur-seal herd from
figures indicating increased catches over previous seasons in the total of seals kiileu on
the Asiatic and American sides of the North I'aeific Ocean. The claim is further
advanced that, although the catch of fur-seals during last season on the Asiatic side was
greater than in any previous year, yet the catch taken from the American herd (that is,
within the Paris Award area), while admittedly larger than in most |)revious seasons, was,
in fact, not as large as ih.at of the season of 1891. And, in this connection, this (iovern-
ment is further reminded that the success or failure of the Regulations established hy the
Paris Tribunal must be judged solely by llieii cHect on the herd which they were intended
to protect.

I have the honour to reply that, during the hearings before the Tribunal ol Arbitra-
tion at Paris, it was earnestly contended by Counsel representing (Jreat Britain that the
Asiatic and American herds did commingle. This fact was disputed by the American
Counsel in the light of the evidence before them. The Tribunal, howevei-, was nut called
upon to make any definite finding upon this important (|ueslion.

Willie I do not \sish to be understood as expressing any opinion upon tlie subject, vet,
in view of the admission contained in the note of your ''government, in which I conii div
join, tl'.at " our knowledge of seal life is still far from complete," I feel that this disputed
i)ucstion as to whether said herds commingle still requires most careful consideration and
study. It has been suggested that the Aujcrican seal herd, even if not natur.dly
commingling with the Asiatic herd, may have been driven over to Asiatic shores by
incessant slaughter during the past seasons. If such were found to be the fact on careful
investigation — which investigation is unfortunatelv refused by Her Majesty's GoverniBeat—
[(5381 ■ E 2

I',

it might appear tli;if the tut;,! wlaii-litcr ol lur-si-.tls on liotli &iiii.v-< ol tlic North Pacitic
Ocean has a inoif iiiliiii;ite coiincctinii with thi- prc'iit condition of the Aniericaii Ciir-sciil
herd than is now admitted.

However Ihis may he, the Foreign Office seems to have iailen into the serious error
of a^^mniIli.' tliat the" pioposition m tiie United States' Government contained in
Mr. (;reshain's note of the 'JMkI .Fannary list w.is selfi-,ii in its cliaracter. having' application
onlv to the material intcrots of tiie Tniud States' Governmont in tlie American, as
(Jislihuuished (iiim the Asiatic, fur-s-.-al herd. Nnthini; could ho further frf>m the truth.
The I'rev^dent acted in the desire to protect the tur-scMl fisheries on liotli sides of the
NtJifh I'acHic Ocean, Asiath .-is well as American, for the benefit of muidiind. Incidentally,
it is conceded, tliis mi^tit have resulted in henetit to the interests of the United States;
but the propositi(/n was hased on broad humanitarian principles, no |)cculiar benefit or
gain heiui,' sonpht save «hat would have accrued to all inankMid from the proper rci^ulation
of these v.iluabic fisheries. It will be recalled lliat a [.roposition of a similar nature,
limited to Hehrinj; .Sen, was joade by my predecessor, Mr. IJayard, through the United
States' Ministers in Knf;l,m(l, Japan, Uussia, Sweden and Norway, to those respective
Govcrmiients in 1887; and that, xuhseepiently. at the request of liord Sulisi)ury, then
Her Majestv's Secretary for Koreiyn Aliairs, its sco))e was broadened so as to embrace the
whole Northern Pacific Ocean, including; ISehring Sea, from the Asiatic to the American
.shores north of the t7th dcgre.' of north, latitude. Unfortunately, and appr.rently at the
dilatory instance of the Canadian (Jovernmeut, its proposal was indefinitely postponed by
Her .Majesty's Government in .June 1888.

'i'he develo|)ment of valuable fur-seal tisiieries off tiic coasts of Japan and IJussia,
followed by the closed season established by the Paris Award, has induced ni;my scalins-
vessels to fri-qucnt those waters, thus ciuising a notable increase in the pelagic slaughter
«U' the Asiatic shores. 'I"he iigures liivcn by the Foreign Oflice included only the
slau','liter in Japanese waters, Adding the seals killed in llussian waters, we have a
total of over li\()UO in 189;>, and over 79,000 in 189-1. It was to regulate the killing in
those waters, as well as within the Paris .\wur(l area, that Mr. Gresham's proposition of
the 'J3r(i January was made.

Hut oven if it he assumed that the American and Asiatic herds are distinct and have
never commin>;led, Mie fact still remains that the slaughter of the so-called ".American"
or "Alaskan" herd duiing the past season has been greater than in any season in the
history of jjclagic sealing. The Foreign Office instruction states that about 12,500 fewer
seals were killed from this herd in the A.vani area in 1894 than in 1891. There is good
ground, however, to conjecture that ihc Biiti ii computation of seals killed in Behring Sea
in 1891, namely, "J'l.Ul, swellmg their totii computation to 08,000, comprised a number
of seals taken on the western side of tliat .sea in the vicinity of the Russian islands ; the
figures for the ewtch in the same sea in I89-f, •Tl,.''':^'', it should he remembered, are limited
to seals killed on the eastern side within the area of the i\iris Award.'

It was a matter of evidence before the Paris Tribunal that, after the piomulgation of
the modus iniendl of the 15th June, 1891, forty-one British vessels were warned out of the
American side of Behring Sea by American cruisers between the dates of the 29th June
and the l.'ith August of that year. It is believed that many of the vessels so warned went
over to the Russian side of Behring Sea and made catches there. From statistics in the
possession of this (Jovernmcnt, it would appear that some 8,432 seals were so taken —
<J,GIG by British vessels, and I.SIG by American vessels. 'J'his should be deducted,
therefore, from the British figures, (i,til6, leaving about 23,000 as the catcli of British
vessels in the .\ward area in Behring Sea during the sea-^on of 1891. A closely similar
result is reached by careful examination of all the reported catches of 189), and of the
artidavits scattered through the Cases and Counter-Cases of the United States and Great
Britain, whereby, deducting from the catch stated in the United States' Counter-Case,
28,G05, the number of seals estimated to have been killed off the Russian coasts, 5,847, a
result of 23,041 is reached. Adding to the computed British catch in Behring Sea during
1891, the number of seals computed as killed in lichring Sea by .American vessels in that
year, 4,920, the total miinber of seals killed and recovered within the Award area in
Behring Bea for the season of 1891 falls below 28,000.

The communication of the Foreign Oflice states the total catch of American and
British vessels within the Award area, comprising the North Pacific in addition to
Behring Sea, in 1891, as 68,000. A careful computation made by the Treasury
Department of the total catch for 1891, based on an elaborate calculation of all the
evidence disclosed in the Case and Counter-Case of both Governments, estimates the
number of seals known to have been killed within the Award area at 45,000, leaving
about 18,000 undetermined as to the locality of the slaughter. Taking, however, the

Ncitli Paoidc
inericini f'iir->cii|

ic serioii", cri\)r
contuinL'd in
■ill'/ application
' Ainc'iicaii, as
iDrn tliu truth,
ofli sides of the
Incidentally,
L'liiti'il States ;
uliar' benefit or
rojicr i('i;nla;ion
^^i^lilar nature,
ijlh the United
)sc resptntivc
Salishiiry, then
to cnilirace the
the American
pr.rently at the
y piistpDiicd hy

an and Jvussia,
d ni;iny scalins-
elai;ie slaiii;hter
uded only the
ei's, wo have a
te tlie killing in
proposition of

istinrt and have
?d " American"
ly season in tiie
ut 12,500 fewer

There is good
I in Behriiig Sea
prised a number
ian islands ; the
:red, are limited

piomulgation of
irned out of the
■ the 29th June
so warned went
statistics in the
irere so taken —
d be deducted,
atch of British
- closelv similar
<9J, and of the
tates and Great
' Counter-Case,
coasts, 5,847, a
ring Sea during
1 vessels in that
Award area in

American and
in addition to

the Treasury
tion of all the

estimates the
15,000, leaving
, however, the

•2\\

tim;rcs as t,nviu by tiu- ruVvi^ii Other, G'^.'tiiO, and «uhtrarting the nuTubcr estimated
liy other computations by the ^rell^ll^y Dejiai t.ucnt to have b' i-n killed in Ui:s*ian
waters, 8,4'?2, "e have K'lt 5!),5tiS as the niaximutii catch witbiu the Award area I'l r
1891.

Th(? oliicial stntcmeut of the cateh for js'jj, contained in the Iie)Hirt ol'tiie Canadian
Department i>\ Murine and KiNlieries, credits 1 4,S05 out of a total ol .'/!,!• '2 to the Asiatic
slioiC'. 'I'be llejJDit ter 1"<'.I1 uives only a total of 52,995, none i>ein^ credited t ) ll;i-sinn
waters; nei'.her doc-; t!ie lU'port ol the Hrilisb Commi'sior.eis of thi' catch ol' lH9i give
;iny Miiinlcr as killed in said waters. While admittedly these Russian catcho were
rclati>(l\ .-niill in this year, and liiiue may by inadvertcnci' have escaped the attention of
the (iui.idian aiiti;oritics, yet it is c'ear that the ISiitish comi)Utatious of Is'.il an<l i^'Xl
arc reached by diH'cicnt nietliod", omission, it not error, to t!ie exttnt st.itcd abovi iiein^
di-tincily imimthble to the fii^i.res of I's')]. in computing the catch m \X\)\, the
instruction of tiie Foiei-n Office states that 55,502 seals were killed within the Award
area, iijclndin;^ 17,.''^5n a> the e,.tcb of .\merican vessels. It should be re ! emb'.'red,
howevi.r, that ui the Tre.isury l)e|i;r:ment Table>, from which tiie details mentioned in
.\!r. (iiesliam's iK.r. ol the 2.'iid J.inuaiy were taken, G,S;36 skins taken by American
vessels were staled as undeterniincd as to location. Assuming that these iinloeated
catclies were divided lictween tiie American and A>i.itic herds in the same proportion
as th' other skins landed during tiie season of 1^91 at American ports by United States'
vessels, we siiould have lor tlie total catch witiiin the Award area S.^OSO, jilus (i,1.52.
or Ul,8.'i"» in all, repicseiitin,;.' lb- bodies actually recovered, disregarding those killed but
not rec.ivcred, (rom tvso to five times as many, according to the evidence befure the
'I'ribunal at I'aris.

Tlli^ total of seals killed and recovered justifies the repetition of tiie statement
j)reviously made, that tlie pelagic catch within the Award area during the last year's
season was the largest in the history of jielagic scaling, the nearest apnroxinntion being
the season of 1891, in which, even on the theory of the Britisli Kgures, not more than
59,5(iS seals were killed and secured, 'flie significance of this catch of 1894 will be
better appreciated when it is considered that only ninety-five vessels were employed as
against 115 in 1S91.

It is further contended in the Foreign Ofiicc note that the increased catch, witli
proportionately I'ewer vessels, indicates an increased number of seals in 1^9 1 as compaveti
with Ib'Jl, and coiisecpieiitly a better condition of the fur-seal herd. When, however, the
startling decrease of seals on the Pribyloff Islands— pronounced by exjierts to be at least
one-halt since 1890 — taken in connection witii the great destruction of jiups from starvation
on the islands last season, caused by the slaughtei \.i tiieir motiurs at sea, is considered,
it will appear, as is respectfully suggested, conclusively demonstrateil that tin- increased
catch is but a measure of the increased efficiency of the crews enij)loycd as hunters on the
scaling-vessels ; that the seal herd is rapidly diminishing in numbers, and that it is in
danger of speedy extermination unless changes are irade in the Regulations established by
the Paris Award as proposed by this Government.

It is correctly stated by the Foreign Otticj note that the catch in the Award area of
last season outside of Behring Sea was less than during the season of 189:5. It should
be reinembered, however, that it falls only a little short of the catch of 189:^, and that it
was taken during four months — .January to April, while the catch of 1893 was taken
during seven months — January to July. The prohibition in the Award Regulations of
pelagic sealing during the months of INIay, June, and July, however, was calculated
undoubtedly to do much good to the herd, and some favourable results might niit'u.plly
have been expected early in the season on tlie islands. Nevertheless, after the sealing
fleet had finished its work in Behring Sea, the alarming increase in the number of dead
pups found on the islands (amounting by accurate estimate to about 20,000) revealed
unmistakably the fatal error of the Award Reffulations in opening said sea to pelagic
sealing. The marvellously increased efficiency of the pelagic seal hunters in the use of
the shot-gun and spear, as sliown by the enormous catches of late years, and specially of
the last season nnder the Award Regulations, cannot fail, it is again submitted, to spL-edily
deplete the fur-seal herd. This depletion has already necessitated a reduction of the
land catches on the I'ribyloff Islands of 85 per cent, since 1890, and the pelagic catches
must soon decrease in like degree on peril of complete extermination. Reports of the
coast catches of the present season of 1895 would seem to indicate that this decrease
is already observable. It is to be presumed, however, that for some few years the pelagic
slaughter in Beliring Sea, the great nursery of the fur-seal herd, can be maintained at
figures apj)roximating to or possibly exceeding those of last year. But the end cannot be
far off. It is respectfully submitted that such slaughter as has taken place within the

:\()

1 i

^■,

MS (><nl)lis'ipd hv t'lo I'aris Auanl, am not

Is coikIiis'vc cvi'.loiice thut t!ie Regulations,
civinir tliat measure of protectiou that the

('()iiiini.Tci;!l cxttrtiiinatioii of tlio l\ir-scal hurtl— Asiatic a- wi^ll as Anipvican— is
iniiuiniMit. It is tn he (iccply rr-rcttc !, tliercforc, that Her Majesty's Covcrnnicnt lias
(lecliiicil ou:- i)roi)()sifi()n- !oi- tlic appointment of an Intcvna'ional Conimissinn, and for an
'^Ifici'-r.t vwdiix vitmdi pondin;; a ii!';ro coinpreliensivc As,'reeniciit in which all t!ie parties
in intcroNt may ju^t share.

While tiius rejcctinir the suggested Internationrd Commission and modus rivendt, tiu'
Foiv-iijn OlHie in<trueti(;n suirgests that Resident Agents l)e appointed hy the United States
and (]icat Britain ',0 Ik- >tntioned on the I'rihylofi" and Conr:iandni- Islands, tliere to make
joint invc-:tigation diulMj; tlie next four year.-, and to report from time to time as to the
condition of the fur-seal fisheries. Althu'.i;^di this Go^-ernment firmly believes tiiat this
suirL'estion of Her Majesty's Government is inadequate, and cannot satislactorily take tin-
place of an International Commission of Scientists, nor supply the need of all asUc 1 for
in said Hindus, it is uiiwiliinLC to block, the way to a better approximate understanding uf
the inipiirtaiil conditions of seal life.

It is thought, however, that tlie Ih-ilish suggestion may be advantageously nioditied
in the interest of all concerned, and I am diieeted by tli.' President to make a new
propo>ition to Her Majesty's (Jovernment based largely upon tiiat now submitted by the
Foreign (itlice, to wit : tliat tliree .Xgi nts eacii be apjiointed by the respective Govern-
ments of Great iiritaii), Russia, .(aijan, and the United State . twelve in all, wiio shall be
stationed on the Kr.rilc, Coinmandi r, iiiid Prihylolf Islands respectively ; that these .Agents
he instructed to examine carefully into the fur-seal tisiiery, and to recommend from time
to time needful chanscs in the Regulations of the Paris Award, and desirable limitations

or the land eafcbcs of each of the said islands. That within lour years tluy shall present
a final llepoit to their res|)eetive Governments ; and that, jjending >ucii Report, a /(lof/u.v

rivfDdi be cul(;red into extciiding the Award ilcuul itions along the line of the 3:Vl1i degree
of north latitude from the American to the Asiatic shores.

Tlie i(i;purtance of t!ie sul)j<cr, of which the Governments interested must hy this
time l;c ahumlantly convinced, kads ine to hojjc tor the early and favourable attention ol'
Her Maj'^sty's fJoi eminent to this amended proj)')sil.

[ have, &■'.
(Signed) UiCHARD OLXEY.

.\o. lit.
Visroimt (iniKj/i lo flic Manjiii'ss of Srilishiini. — ' R''crirrd Jnh/ 15.)

l\Iy Lonl, Newport, Rhodo Idnnd. .Juh/ I, iS!».j.

I il AVF, the I. uiiu,- lo transmit copy of a note, dated the l.st in.stant. from the
Acting- Secietary of St.Tte, comnu'nting upon tlie inadequacy of the measures adnptcd by
Her ^lajestv's Government I'or the patrol service of the North Pacific Ocean and
Re:, ring- Sea during the season of 1 SOo, and asking for the more active and cHi-ient
co-operation in enforcing the legislation concurrently enacted for carrying out the pfovi-
sions of tile Paris Award which the United States' 'Jovernment believes it has t!ie rigdit
to e\pecf from Her Majesty's Government.

^fr. Uld also urges that an early answer should be given to the notes addressed
by (he United Slates' Government to this Fiinha.ssy on the lOtli May and ilfh .lunc
respectively transmitted to the I'krl of Kimberley in despatches of the lilst May and
17th .June last.

In the note of the 10th Alay, it was proposed that the carrying of fire-arms be
prohibited in the i'>eliriuu' Sea, and that illegal use shall bo presumed from the posses-
sion of weapons whoso usi' is prohibited.

In that note, it was also requested that the United Stiles should have permission
to apjioint Agents to examine all se;il-skins 'aided at Uritisli ('olumhia ports.

In the note of the lith .(une n re(iue.st was made that the United States he repre-
sented by Counsel in proceedings ibr the condemnation of vessels, whetiier seized by
Rrifi-h. or United States' otficers.

I have,
(Si-ned)

GOUGH.

^%,.''*. .

he Re^'ulations,
■ctio:i tliat the

Amrrlcan— is
o\ci'iiincnt lias
iii'ii, and for an
11 t!ie parties

i'/;,'.v rivcndi, the
United States
tiicre to make
time as to tlie

leros tint this

Jtorily take the
aii askc'l lor

dcrstandin^- ui"

oii.sly nioditicd
make a new
nitted by tlie
!■( tive Govei'n-
I, wiio sliall be
t these Agents
end fVuin tinie
ihle iitnitations
y shal! present
eport, a ,ao(/iis
le 3:Vih de^nee

1 must hy this
)le attention of

D ()L\EY,

5.)

"/.'/ I-, ISit.j.
tant, fnim (he
cs adopted liy
c Ocean and

and cHi'-iont
:)ut the provi-

Ik\.s l!ie rift-ht

tes addressed
1 Mth dune
■ Ut .May and

fire-arms be
n the posses-

^0 permission

tos be rcpre-
ler seized by

tc.
GOUGir.

l(•lll^^l■(• ;:l

.\... J'.l.

.Uc. I'!,! In T!^c:nnt Go'ih.

My Liiid. I)r/i,ii tiiif.il of >fiif, 't\'(t,-ihiti./l'>it. Jiitii I, l^'.)"i.

\()l'U note (if the iTlii May last, int'orniiii^ nu' tuit Her Majcty's ^.Juvermiioiit

•• Plieusanl " it. jialmi that part of iho

had (h'-<ii:'natod thu naval vessels •" N v

n|)iie

ail'

Ncirlh i'aeilie Ocean and lli'liriii^ S(>i emhiae.ii witiiin tiio terms of the Award of (in-
Tiiijunal nf Arhilration dnrinj;' the «^''as ni oi' lS.i.">. was duiy received and oo luiui'iieaied
to the ^^eeretaly of tiio 'J'reasur_\, lo wl.o^e I tcpaiinunl, tiie Mipervisiou of tlie corrc-
spondiii^' control of fiiose wates nndir iin' Awai.I aiil ii''u\dat.oiis ,it the I'.uis r;iiuinal
(Inly pcrtaiiis.

It is )>r(iper, howover. in the inlere-il of the eliieient tu'hlnieni oi' liie ohliualiiins
of tlie respective (joveniinenl^ unvler liie Award and l'"indiii;i's of l!:e l*:ins Trihmiai,
that the aUention of Her Majesty's (iovernmeal siiould i)e drawn :o I'ue ol)vii)U> inoiiuality
and iiiaile(iiiacy of the measures ado|)tod hy J(ev .Maje^ty'sdiivernment to liial end, hotb
will; ref;ard to the work necessarily to he acenmiilisiicu. anil a-> eom;>arol wilii tiie .stejjs
taken hy tiie I'niled State--" (lovernnienl to llies;ini(' end.

This discrepancy was especially niarketl dnrinir tue seasmi of l.~-iit, \wieii Her
Majesty's (iovcrnmenl de-iunated only one iiatroliin-j; ve>.~.el. the '• I'liea^ant,' uilliou;;li
a majority of th.e schooners on,i,'af;i d in fur-seal tisliiu'; witiiin tlie Award area were
.ni<ier tlie British llaj;, wiiilcof those wliicli entered Heiirin,:;' i^ea less than one-half were
I'iiitetl Slates' vcs-ols.

in that year twehc I'nited k»tat s' ve.sseis were de.^iiiiiated hy t:ie President to
patrol the Award an;a, \\7... the •• Mohican.'" ■• l»ennini;ton,' • Alert, '" ■■ iian;.;er,''
" Voiklown." ''Adams," "Concord,"' and ■•i'elrei,' the reveniio-cnttei-. "('ori»;n,"
•■ Rush. " and " Bear," and the Fish 'v'ommissioM steamer ■■ Alhatro-s. '

'I he expense altendin;;' the jirc-tnue of the>e vessels in the North I'a 'Hie Oceai
and Belirin;;- Sea lor the season of IS'.M, oxclnsi.e of tiie )iay ot idlicers and men, and
also e.\cluding' ration-, was l'j^,304 dol. 4'.) c.

For tlie present season of 1895 the diMrepaney. althoiiiili less marked, i>. still
noteworthy; the comiilions nndor which the patri.l of those sealing waters is conducted
iiiipose. in some respects, more onerous duties upon tin; Contraciiiyuj I'atlies in t;,e
protection of seal herds fioni illicit destruction.

There is grave reason to suspect that iluiinn' the approa(dnn<.; season in Behriui'
Sea, which, opens on the 1st .August, sealin,!j,-ve.-scls will take advantage of tiie refusal
of the liritish (Jlovernment to continue liie Agreement of IS.il, winch provided f.ir
the sealing-up of arms of sucli vi-s-els while in l)c)irinu Si-a, tliere!»y increasing ilie
demands upon tin- vigilaii'T of the jiatrolling Heel to deled t'\asions and infractions of
tlie provisions of the Paris .\ward.

in a Keport from the United States Fish Commi-sion recently transmitted l<> the
'i'reasury iJepartment, it is stated: —

" We may reasonable .'.xpect a fleet of iitty-si.\ vessels in those waters (Behriiig;

Sea) Regarding iiehring Sea, the sealei's ajipear grililied over the fuel that

tiieir fire-arms cannot be scaled up. They CDiisidered the sealing of arms a great
hardship, and their satisfaction over carrying them iinscaleil iiiiist mean a determination
to use them wlienever they think it safe to do so. Some of ihem say that ulien the
.Japan fleet heir of thi.s they will >cnd iinuc vc-sels to the sea. There is little tliubt
but that lire-arms, carried into the sea, will be used.''

While the sealing fleet in liie -Vward ar' a is about tiie sanu' in iiuinbcr.-> as in lSli4,
the British vessels already cleared for tlu' fur-seal fisheries outnumber the Americans
so cleared in the proportion of alxud twD to one.

The United States' patndling fleet fo'- this seas"n consists of seven ves.-els, viz.,
the revenue-cuitcrs " Ku.^ii." '• Bear."' •■(_'or»in." " Wolcoti,'' ••(iiant," .mil • i\ rry,"
and the Fish Comniission steamer '• .\lhalross.'

In view of the vast area to be patrolled, ihi.i tiovernmcut is con>t.ranied to suggest
that the detail of two naval vessels oi:ly on the part of Her Majesi. -. (Jovernment is

totally ii..;,'e(inate to the performance of tiie propv'r sliar
jility of patrol, wiiicli necessarily falls lo tiiat I lovernnuiit.

ii- \\<>\\\ and rcsponsi-

l am, therefore, moved to invite, tlimngh you, the earne.-t attention ol He/
Majesty's Covernnient to thi> matter, and lo ask for tlie more active and etliciont
co-operation in enforcing tiie legisiaiion CDiienrreiilly enacted for carrying out u>^

ovisions of the I'aris Artard. which this tJovernment believes il ha^ a liahl

'\peci

from Her Majesty's (joverument, in view of the joint ubiigHtions which rckl uj^h^ii tiiuin
in this regard.

m. v'

t I

Wliile trciilin^- of tliis suliject, I lieg to advert to the iiiii)ortance of obtainiiifj: from
llt'r Majesty's (Jovfrnmont a speedy answer toiicliinj-- tlio changes proposed in the
scope of'tlie I'aris Award, and the praotieable suf;-^estion.s and requests contained in my
note to Sir .lulian riinncefotc of the 10th .May last, and in the note of Secretary
Ohiey to you of ilio 1 Uh nltinio. 1 refer i)articniarly to tlie proposition in my note of
the ioth May, tiial tlio carryinj,' of (ire-arms in lif^hriii^ Sea he proiiihitcd, or that
iliciral use sliall l)c presumed from the possession of weapons, tlie use of whicii is pro-
l.>ihitcd, as now i)rovided for in Section 10 in tlie Act of Congress of tiie titli April, 1894,
and ;is was formerly provided for in the iiritish Hehrin;;- Sea Act of 18t)l and the Seal
bishcry (North "ncilic) Act of 1803.

The note d' the 10th May* further requested permission to apjioint experts on the
part of the Covcrnment of the Unned States to examine all seal-skins landed at
liritisii Colup.hia jiorts^ with rejrard to sex, mode of slaughter, &c.. the results found
hcing compared with the Ing-hook entries. In the note of the Itth .lune, a -cquest
was made that Counsel in representation of the (Joveinment of the I'nited States be
admitted in condemnation proceedings of vessels seized hy Tniied States or Ihi- :s!i
officers.

The foregoing suirgcstions being particularly applicable to Behring Sea, w'.i ■:■ 'ii--
.s'.-ason opens on the 1st August next, it will be highly desirable to have a distinct under-
staniiing upon the subject reached before that time ; and I therefore renew the previous
reciuest for an <;arly answer.

i have, «fcc.
(Signed) E. F. UilL,

JciitKj Secretary.

No. 20.
Tlic Marijiiess of Salisburj/ to Vincount Gough.

My Lord, Foreign Office, July 22, 1895.

I 1 1 AVI', considered, in communication with the Secretary of State for the Colonies,
the note fiom Mr. Uhl, of which a copy was inclosed in your despatch of the 12th
ultimo, with regard to the refusal of Her .Majesty's Government to renew the agreement
for the sc:din^-up of arms and other implements onboard sealing-vessels.

I have to instruct you to address a note to tlie United States' Government, stating that
the Arrangement of ]M)-i on this subject was altogether outsidj the purview of the Order
in Council ol' ibat year.

Under that Arrangement no action was contemplated exccjiting on the application of
the master of the seaiing-vesscl. Consequently, no executive measure was required in
re^-pcct of it, and, so far as Her Majesty's cruisers were concerned, any action taken was
under the instructions issued hy the Board of Admiraltv.

You will point out that the inference which .Mr. Uhl dnnvs from the identity of
the Order in Council ot ibis year with that of 1891 cannot, in the circu'nstances, be
sn>tiiine(l.

I am, &e.

(feigned)

SALISBUJIY.

.No. 21.

Thr MtiiniH-s of l^dlishury to I i.icount Gough.

roreigr Offirp. .mlii 'li), 1895.
icceived and considered, in consultation \. !th tic .Secretary of State for

Mv Lord.

1 ILWM

the C('loiiM-i. your despiitcii of the 'JStli ultimo, eontaiiii"-;' a new j ;: jiosal from
the I'uiliii Statrs for tiie ap[)ointmeiit ol three Agents l)y Gent Mritni;;, Russia, .fapan,
and li.e I'niud ^'tutes respectivelv, to be stationed on theKurile, Cienniandcr, and i'ribvloti"
Islaiils.

In the note, of which yon inclose a copy, Mr. Olney criticises at length the figures
rel.itnig to liie cai.-li ol' se,d-< in succcsmvc years, which wer'' given in tl'.c despatch to
Sir .1. I'aiincetote of the 17th May. Those (ignrcs, as Mr. Olney states, were taken
irom the C:ina(ii:m Oliicial Ki'turn-;, the estimate of the total ealch of IS'.H (Drirsli
and AfUiricnn^ l)eing that of the Uritish Behring Sea Commissioners. The statement that

• Sic No. 'JD.

)bt.iiniii;r from
jposeil in the
itiiincd in my

of Secfretary
m my note of
bited, or that

whicli is pro-
April, 1894,

and the Seal

'xpcrts on the
ins landed at
results found
me, a -.quest
ted Stales be
tes or B.'v.s'i

5ea, «;] - .|i.

istinct under

w the previous

n/ iSecretary.

/// 22, 1895.
r the Colonies,
1 of the I2th
the agrcenieut

nt, stating tliat
V of the Order

' application of
us rocjtiirecl in
tion talvcn was

1)0 identity of
uinstances, be

LISBUilY.

'.'/ -!», 1S»5.
y of State for
v ;io&;d from
{ussiii, Ja|),in,
, MMdlVibylot{"

h the figures
!c despatcli to
!, were taken
1S!)1 (T.ril^sh
itateinent that

a small part of the catch of 1891 was actually made on the Asiatic side uf Behring Sea
will be referred to the Canadian GoTernment for verification.

With this object, you should furnish the Governor-General with a copy of .Mr. Olney's
note of the 24th ultimo, and you may inform the United States' GoveriuiKnt tliat steps
are being taken to investigate this particular point ; but you should state, at the same
time, that in any case their criticisms do not appear to invalidate the contention of Her
Majesty's Government, that there has been no such alarming increase in the pelagic catch
of seals on the American side as to iustify any extension of the Regulations solemnly laid
down by an International Board of Arbitration, for a fixed period of five years, after an
elaborate examination and an exhaustive discussion of the voluminous evidence presented
on both sides. Nothing but. the absolute concurrence of the two Governments in the
necessity of a change, based on new and undisputed facts, could, in the view of llcr
Majesty's Government, justify any departure from the Regulations prescribed by that
Tribunal before the time appointed under the Award for their revision, should such revision
then be called for.

You should point out that even on the figures given by the United States'
Government, the catch of 1891, on the American side, was practically the same as that of
1894, and that the greatly increased dexterity with which tiie sealers are credited, and
especially the fact that the bulk, of the catch was made with spears instead of fiie-arms,
justifies the conclusion that the catch of 1894 was secured at less coat to the herd than that
of 1891.

You are authorized to state, ia reply to Mr. Olney's note, that Her .Majesty'.-. G.nern-
ment cannot recognize that Russia und Japan have any interest in the seal tisliery on the
American side of the North Pacific, and that they cannot therefore taUe part in any
inquiry on the Pribyloff Islands in whicli those Powers are associated, but that they are
ready to appoint at once an Agent to inquire conjointly with an Agent of the United States
alone, as already proposed ; and they would also be ready to consider any re(|uest from the
two Powers concerned to join in an inquiry on similar terms with Rusiia and Japan
respectively in the Commaader and Kurile Islands.

I am, &c.

(Signed)

SALISBURY.

No. 22. . - ,.

The Marquess of Salisbury to Viscount Gough.

Mv Lord. Foreign Office, August IG, 1S!I.").

THE Earl of Kimberley, in his telegram of the 9th May, reejuested S r J.
Pauncefotc to inform Mr. Gresham that Her Majesty's Government were unwilling
to renew the Agreement with the United States of the l'2th j\Iay, IsOl, relative to the
sealing-up of arms on board sealers during the close season in 15chring Sea, because
the possession of arms was not contrary to the Award of the Paris Triljunal of Arbitra-
tion, and because, as proved by the seizures of the " Wanderer " and '' Favourite," the
Agreement had not in practice worked for the protection of British ncalers from
unnecessary interference.

His Excellency was also requested to remind Mr. Gresham that United States'
naval officers have no right to seize British sealing-vessi'ls except under the Order in
Council for oQenccs against the British Act of Parliament which embodies the Awnrd
Regulations.

Tlie circumstances in connection with the seizures of the " Wanderer " and
" Favourite," above referred to, have been most carefully considered, after sdine delay
occasioned by the necessity of obtaining full information, including Reports from Admiral
Stephenson, the Commaiuicr-in-chief <m the North American Station.

Tlie " Wanderer," while in the waters allceted by the Award, and during the closr
season, was hoarded, and the master warned by an officer from the United States' stca;nc»
" Yorktown " of the provisions of the Award Act.

A certain quantity of arms and ammunition was sealed up, and the master signed a
statement that the tirc-arms, &c., then produced were all tiiat belonged to tlie ve.i,el or
to any person attached to her.

The seal-skins on board were counted, and the number amounted to 4)0.

On the same day the vcsael was again boarded while within the A..drd area hv an

a,'

fe-

officer from the United States' steamer "Concord." The seals placed on the arms in the
morning were found to be intact, and the number of sealskins on board corresponded
with the number counted by the officer of the " Yorktown."

Further search was, however, made, and in the extreme forward part of the ship
a shot-gun, with thirty-nine cartridges, were found, which the mate said belonged
to him.

The vessel was thereupon towed to St. Paul's, Kadiak island, formally seized, and
sent thence with a prize crew to Unalaska, and handed over to Her Majesty's ship
" Pheasant."

The grounds for the seizure, as given by the Commander of the " Concord," were
" the possession of an unsealed gun and ammunition in contravention of * The Behrlng
Sea Award Act, 1894,' clause 1, paragraph 2, and clause :), paragraph 2, aa well as of
section 10 of the I > i i lent's Proclamation.'

e of his grounds of protest being that the gun and ammuni-

of the mate, and had been hidden without his orders or

said that he was making direct for St. Paul, a port in

The master jiro „'
tion were the private 'jj.
knowledge. The master jo
United States territory.

Admiral Stephenson, the Commander-in-chief on the North American Station,
having, after due consideration, come to the conclusion that the vessel could not be
successfully prdsecuted, decided not to take proceedings against ^er, and directed that
she should be released.

The vessel, however, was unable to complete her voyage, and the master, on behalf
of those interested in her, advanced a claim to the amount of the market value of 1,000
seal-skins, 230 dollars on account of damage done to guns through sealing up, and
120 dols. 50 c. paid for provisions, with interest to be added.

The "Favourite" was seized by the United States' war- vessel "Mohican" while
sealing in Bchring Sea during the open season. There were no fire-arms on board
with the exception of one rocket-gun, to be used for signalling purposes, and this
appeared on tlic ship's manifest, signed by the Collector of Customs at Victoria.
While the schooner's papers were under examination by an officer of the " Mohican "
the master produc(^d tlie signalling-gun and placed it on the table before the examining
officer, who expressed himself satisfied, and entered the following in the schooner's
log :—

" Boarded the ' Favourite.' Found log correctly kept. No violation of Regulations,
as per log. One shot-gun unsealed."

The " -Mohican " steamed off about 2 miles, but returned. The same officer boarded
the " Favourite " again, and ordered the master to take the schooner's papers and the
signal-gun on board the " Mohican." There he was informed that his vessel was seized
for having fire-arms on board.

Lieutenant Wadhams, who w.as in command of the " Mohican," stated the grounds
for seizure to be that the vessel had on board a double-barrel shot-gun, which was found
upon trial <o carry No. 10 gauge cartridges, and to shoot accurately at least .50 yards,
and tliat the possession of this shot-gun was in contravention of Article 6 of the Paris
Award and of the United States' Act of Congress.

The gun in question was carried for the sole purpose of firing rockets as night
signals. It was old, barely 1 1 inches long in the barrels, wilh a pistol-handle grip of
9 inclies, and quite unfit for killing seals. Not only was tlio guu mentioned in the ship's
manifest, but Uie master stated th.at he was verbally authorized by the Custom-houoe
official at Kyuquot, where, previous to the opening of the fishery season , his fishing
implements had been sealed up, to carry it and rockets unsealed. Moreover, Commander
HuntLT Hlair, of Her Majesty's ship " Pheasant," and Captain Clark, the Commander
of the " Moliicau," had agreed to authorize scaling-vcssels to carry the means of
signalling ; and the former stated that had application been made to him he would
certainly have permitted the "Favourite " to carry the weapon on account of which she
was ati'/A'd.

No cartridges, or shot of any kind, were found on the vessel. ■
In spite of the master's protest a prize crew was placed on board the steamer, by
which she was taken to Unalaska, and there handed over to the Commander of Her
Majesty's ship " Pheasant," by whom she was ordered to proceed to Victoria and
report to the Collector of Customs. The latter applied to the Admiral for instructions,
considering that he was not justified, under "The Behring Sea Award Act, 1894," in
taking any action against the vessel ; and the Admiral replied that, in his opinion, there
was no ground for a prosecution, and therefore requested that the schooner should be
released.

the arms in the
1 corresponded

,rt of the ship
said belonged

II7 seized, and
Majesty's ship

)oncord," were

• The Behrlng

I, as well as of

1 and ammuni-

his orders or

Paul, a port in

irican Station,
could not be
directed that

iter, on behalf
ralue of 1,000
aling up, and

ohican " while
nns on board
}se8, and this
8 at Victoria,
le " Mohican "
the examining
;he schooner's

tf Regulations,

officer boarded
apcrs and the
sel was seized

d the grounds
licli was found
east 50 yards,
} of the Paris

kets as night
landle grip of
1 in the ship's
Custom-houoc
m, his fishing
r, Commander
J Commander
he means of
lim he would
of which she

B steamer, by
lander of Her
Victoria and
r instructions,
.ct, 1894," in
opinion, there
ler should be

The master has preferred a claim for 22,430 dollars, the amount at which be estimates
the loss incurred by the interruption of his voyage.

It thus appears, both from the information obtained by Her Majesty's Government
and from the statements of the United States' naval officers themselves, that no evidence
existed of any unlawful fishing operation on the part of either of these vessels.

Had the master of the " Wanderer " intended to violate the Regulations, he would
presumably not have limited his preparations to a single gun and a few cartridges, and it
seems higlily improbable that after having been boarded, and having had the skins on
his vessel counted, he would have run the .risk of being discovered with fresh skins on
board.

With regard to the " Favourite," the evidence seems conclusive that the gun found
on board was intended solely for signalling purposes, and that it was not suitable for
killing seals. The fact that nc cartridges or shot of any kind were found on the vessel
affords presumption almost amounting to proof that this view is correct.

It must also be remembered, in considering the case of the " Wanderer," that the
arrangement for the sealing-up of fishing implements was not obligatory, but was to
operate only on the application of the master of a vessel traversing Behring Sea for any
legitimate purpose during the close season as a protection to the vessel against inter-
ference by any cruiser in the said waters.

The " Favourite " was seized during the open season when the Agreement was not
in force, though the entry made in her log by the United States' officer seems to indicate
that he was not cognizant of this fact.

The statements made by the United States' officers of the grounds of seizure show,
moreover, that in both cases they relied upon that part of Section 10 of the United States'
i\ctof Congress which reads: "or if any licensed vessel shall be found in waters to
vLich this Act applies, having on board apparatus or implements suitable for taking seals,
but forbidden then and there to be used, it shall be presumed that the vessel in the one
case, and the apparatus or implements in the other, was or were used in violation of this
Act, until it is otherwise proved."

That section has the obvious effect that without affecting directly to enlarge the
obligation which the Award imposes upon sealing-vessels, it creates an artificial pre-
sumption of guilt springing from facts which otherwise might not be evidence of guilt
at all, and thereby indirectly makes the Award weigh heavier on these vessels.

It is not, however, necessary to discuss the provisions of the Act of Congress.
Whether an offence against that Act was committed or not by either the " Wanderer "
or the "Favourite" — a point which seems open to doubt, especially in the case of the
" Favourite " — the officers of the United States' cruisers were not empowered to seize
the vessels, except under the Order in Council for offences against the British Act of
Parliament, which embodies the Award Regulations. Those Regulatic:js do not prohibit
the possession of fire-arms, nor do the Behring Sea Award Act and Order in Council of
1894 contain any provision corresponding to that in Article 10 of the Act of Congress.
A duly authorized officer of tlie United States is warranted in seizing a British vessel,
if he believes, or has reasonable grounds for believing, that the British law has been
violated. But he is not warranted in seizing her if there are no reasonable grounds for
that belief, nor is he warranted in applying to British vessels the doctrine of presumptive
guilt which is contained in Section 10 of the United States' Act.

The seizure of both the "Wanderer" and the "Favourite" was grounded on
what, even if it was an offence against the Unit' d States' law, was not an offence against
British law. For this reason Her Majesty's Government consider that the officers of
the United States' cruisers were not justified in seizing the vessels, and they feel bound
to present to the United States' Government the claims for compensation which have
been made by the owners, and to request that they may receive the rjnsiileration to
which they arc entitled.
'[ You will read and give a copy of this despatch to the Secretary of J tatc.

I am, &c.
(Signed) SALISBURY.

No. 23.
j^ 7Vi« Marquess of Salisbury to Viscount Gough.

(Telegraphic.) Forciyn Office. Auyunt 29, 1895.

WITH reference to your despatch of the 17th June, please ascertain and report
by telegrapli whether the presence of Counsel on behalf of the United States' Guvern-

[638]

F 2

I' iJ

mcnt in the British Courts is desired for the purpose of taking part in the proceedings,
or only for that of watching the case.

No. 24.
Viscount Gouyh to the Marquess of Salisburi/. — {Received September 7.)

My Lord, Netnport, Rhode Island, August 19, 1895.

I HAVE tlie iionour to acknowledge the receipt of your Lordship's despatch of
the 29th ultimo, containing the views of Her Majesty's Government with respect to the
new proposal from the United States for the appointment of three Agents by Great Britain,
Russia, Japan, and the United States respectively, to be stationed on the Kurile, Com-
mander, and Pribylofi' Islands.

1 have tliis day addressed a uote to Mr. Olney, embodying the views of Her Majesty'.s
Government concerning this new proposal.

I have, &c.
(Signed) GOUGH.

No. 25.
Viscount GoHfjh to the Marquess of Salisbury. — {Received September 21.)

My Lord, Newport, Rhode Island, September 7, 1805.

I HAVE the honour to report that I was received this afternoon by the Secretary of
State at his house in Boston, and read to him your Lordship's despatch of the
IGtIi ultimo relative to tiie ilaims for compensation made by the owners of tlie British
ships " Wanderer " and " Favourite."

Mr. Olney said that he would take these claims into consideration.

I have, &c.

(Signed)

GOUGH.

No. 26.
Sir J. Pauncefote to the Marquess of Salisbury. — (Received September 24.)

(Telegraphic.) Washington, September 23, 1895.

WITH reference to your Lordship's telegram of the 29tl> ultimo, it is desired
by United States' Government tiiat Counsel represent'ng their Government, in cases
such as those referred to, receive permission to examine the pleadings, be present at
trials, to make to the Government Counsel such suggestions as may seem necessary for
protecting the interests of the United States, and for the proper enforcement of the Paris
Award.

It is, of course, understood that in similar cases before the Courts of the United States
like; courtesy be extended to Counsel representing British interests.

No. 27.

Viscount Gough to the Marquess of Salisbury. — {Received September 21.)

My Lord, Newport, Rhode Island, September l.'J, 1895.

WITH reference to Sir J. Pauncefote's despatch of the 21st May and to previous
correspondence respecting the refusal of Her JNlajesty's Government to renew the arrange-
ment for ])lacing under seal the arms and ammunition carried by British sealing-vessels,
I have the honour to transmit herewith copy of a note which I have received Iroin the
Acting Secretary of State on this subject, inclosing a Report addressed to the Treasury
Department by Captain Hooper, the Commander of the United States' patrolling fleet in
the Behring Sea.

Captain Hooper states that the masicrs of twenty-eight British sealing-vessels,
at one time assembled in Dutch Harbour, formally applied to him to have their arms

J proceedings,

■•)

ist 19, 1895,

's despatch of

respect to the

Great Britain,

Kurile, Com-

■ Her Majesty's

&c.
GOUGH.

r'2l.)

iber 7, 1895.
;he Secretary of
spatcli of the
of tlie British

, &c.

GOUGH.

her 24.)

ber 23, 1895.
o, it is desired
iment, in cases
be present at
n necessary for
nt of the Paris

le United States

t21.)

')er 13, 1895.
nd to previous
u\v the arrange-
seaiing-vessels,
eived Iruin the
:o the Treasury
trolling fleet in

seaiing-vessels,
ave tlieir arms

placed under seal, and were unanimous in recognizing the advantages of such a
measure.

Mr. Adee observes, however, that Captain Hooper, acting in accordance witli his
instructions, declined to accede to their request.

I venture to call your Lordship's attention to thi- statement at the conclusion of
Captain Hooper's report, viz., that seals arc not unCrc'ijufntly, when killed with spears,
found to have gun-shot wounds |)r('viously received, and that these wounds un the skin
migiit raise a presumption that tire-arms had been ille;;ally used by their capturers,
unless the innocence of the capturers were made nianilcst by the arms on board being
under seal.

I have, &<;.
(Signed) GOrOH.

Inclosurc 1 in No. 27.
Mr. Adee to Viscount Gough.

Mv Lord,

Department of Stale, IVas/iinr/ton, September 11, IMt.').

IN connection with the Depaitment's note of the I8th May last to Sir J.
Pauncefote in regard to the action of tlie Government of Great Britain in rcfasuig to
permit British seuling-vcssels to have their arms and equipment |)laced under seal by
naval nflicers, I have the honour to transmit herewith an extract of a repoit to the
Secretary of the Treasury from Captain C. Hooper, commanding the United States'
patrolling fleet, dated Dutch Harbour, .Alaska, 8th August, 18!)5, in which lie states
that at one time during this season there were twciity-ciglit British sealing-vesscis in the
harbour, and tbixt they formally applied to him to have their arms and equipment placed
under seal, but that, acting in accordunce with his instructions, he declined to accede to
their request.

In view of the fact that the British Government has communicated to that of the
United States its refusal longer to permit the sealing-up of arms and equiptnent on seating-
vessels on the ground that such arran2;ement had not worked satisfactorily in practice, I
desire to call to your attention the further statement of Captain Hooper in this report, that
said British masters were unanimous in their desire to have their equipments placed under
seal, stating that the refusal of the British Government above referred to had exposed them
to unnecessary risk.

I have, &c.
(Signed) A. ADEE.

Inclosure 2 in No. 27.

Captain Hooper to the Secretary of the Treasury.

United States' Revenue-cutter Service Steamer " Rush," at
(Extract.) Port of Dutch Harbour, Alaska, August 8, 1895.

FORTY-SIX sail of vessels were at anchor in Dutch Harbour, mcluding the seven
that arrived previous to our sailing.

These were boarded and examined by the " Rush " and " Grant." Thirty-nine proved
to be sealers^eleven American and twenty-eii^ht British. Of these, six American and
twenty-seven British vessels were fro.n their home |)>'rts ; while five Amcricatj and one
British vessel were from the Japan coast.

.•\11 vessels from their home ports were without guns, having take.T the p -ecitution to
leave them behind. Several of the masters had a revolver, which they desired to keep for
self-protection.

• « t • * •

The masters of the British vessels applied to have their s|)ears, guns, and revolvers
sealed up, but were refused.

There were so many expressions of dr<satibfacti:)n at this, that officers were sent to
make a canvass of the British sealers to ascectain how many were in favour of having their
arms secured under seal.

They were found to be un.nnimous in favour of it, and all stated that the refusal
of the British Government to allow it done exposes them to unnecessary risk. They say

it i8 no uncommon thing to spear a seal that has previously been shot ; and they under-
•tand that the presence of such on board a vessel carrying unsealed guns furnishes grounds
for seizure.

No. 28.

The Marquess of Salisbury to Sir J. Pauncefote.

Sir, Foreign Office, September 27, 1895.

WITH reference to my despatch of the 16th August and to other correspon-
dence relating to the seizure of the sealing-vessels "Wanderer" and "Favourite"
by United States' cruisers, I have to request your Excellency to inform the United
States' Government that British naval officers will decline to take over any British
vessel seized by an American cruiser unless the declaration of seizure alleges a specific
offence which is a contravention of the British Act of Parliament.

I am, &c.
(Signed) SALISBURY.

No. 29.

Sir J. Pauncefote to the Marquess of Salisbury. — (Received October 7.)

My Lord, Newport, Rhode Island, September 24, 1896.

ON returning to my post after leave of absence, I found that there had been some
misapprehension with regard to the communication to the United States' Government of
your Lordship's reply to their proposal for the inspection of seals-skins at Columbian
ports.

I have accordingly addressed to Mr. Olney the note, of which I have the honour to
inclose a copy for your Lordship's information.

I have, &c.
(Signed) JULIAN PAUNCEFOTE.

Inclosure in No. 29.
Sir J. Pauncefote to Mr. Olney.

8lr, ' ' Newport, Rhode Island, September 24, 1895.

WITH reference to your note to Lord Gough of the 18th instant, in which you
renew the inquiry contained in Mr. Adee's note to him of the 13th instant, as to
whether Her Majesty's Government have come to any conclusion respecting the
suggestion made in Mr. Uhl's note of the 10th May last as to the stationing of United
States' Inspectors at British Columbian ))orts for the purpose of verifying log entries of
British sealing-vessels, and examining the skins as to sex, with reciprocal privileges to
British Inspectors in American ports, I have the honour to inform you that at the time
of my departure for England on leave of absence early in June last, I was under the
impression that the answer of Her Majesty's Government to that proposal, as well as to
all the other proposals contained in Mr. Gresham's note of the liSrd January, and
Mr. Uhl's note of the 10th May, had been substantially communicated by me to Mr. Uhl
on the UTth May, when I had the honour to read to him, and to leave in his hands, a
copy of tlio Earl of Kimbcrley's despatch to me of tlic 17th of that month.

As regards the particular proposal relating to Inspectors, I had previously been
informed by the Earl of Kimberley* that it was not acceptable to He -iajesty's Govern-
ment, on the ground that the matter is already provided for by the A.vard Regulations,
the sealers being bound thereunder to keep a record of sex.

The proposed examination by Inspectors would, therefore, only be of use in the
case of skins taken outside the Award area, which is not a matter of special concern.

• See No. 10.

■i'

they undeN
shes grounds

I regret that the reply of Her Majesty'* OoTernment to the proposal in qnestion
should not have been made more clear, and that it should hare remained in any doubt at
the Department of State, during the period of my absence.

I have, &c.
1.' ' ^ (Signed) JULIAN PAUNCEFOTB.

27, 1895.
r correspon-
Favourite "
the United
any British
es a specific

SBURY.

No. 30.

Sir J. Pauncefote to the Marqueai of Salisbury. — (Received October 28.)

My Lord, Washinoton, October 17, 1895.

WITH reference to previous correspondence respecting the seizures of the British
sealing.vessels the "Wanderer" and " Favourite," I have the honour to forward herewith
to your Lordship copy of a note, together with its inclosurc, which I have received from
the Secretary of State on the subject.

The inclosure gives the report of the Attorney-General of the United States on the
claims, which is adverse to their validity.

I have. Sec.
(Signed) JULIAN PAUNCEFOTE.

24, 1896.
1 been some
vernment of
Columbian

e honour to

3EF0TE.

24, 1895.
which you
stant, as to
jecting the
J of United
g entries of
rivileges to
at the time
.8 under the
IS well ns to
anuarv, and
to Mr. Uhl
liis hands, a

iously been
y's Govern-
-cgulations,

use in the
oncern.

Inclosure 1 in No. 30. . •. .' •' . " i
Mr. Olney to Sir J. Pauncefote.

ExcellenoT, Department of State, Washington, October 14, 1895.

REFERRING to the claims preferred by Her Majesty's Government for compensa-
tion for alleged unjustifiable seizure by United States' cruisers of the British scaling*
vessels the "Wanderer" and the "Favourite," which claims were brought to the
attention of this Government through a despatch of the British Foreign Otiice to
Lord Gough, read, and a copy thereof given to the Secretary of State the 6th September,
I89a, I have the honour to state that the question of the validity of such claims, and of
nny liability of this Government on account of such seizures, has been submitted to the
Aitorney-Gencral uf the United States for his opinion thereon.

The opinion of that officer, copy of which is appended for your information, is
adverse to the validity of the claims, and rests upon considerations of such conclusive
nature and effect that the result, it is believed, can hardly fail to be acquiesced in by
Her Majesty's Government.

I have, &c.
(Signed) RICHARD OLNEY.

' Inclosure 2 in No. 30. • ' ' ' '

The United States' Attorney-General to Mr. Olney.

Sir, ' "^ Department of Justice, Washington, October S, 1S95.

IN the matter of the claims presented by the British Government for damages on
accrunt of the seizure by United States' cruisers of the British sealiiig-sciiooners
" Wanderer " and " Favourite," I have the iionour to ;;ive my opinion, as requested by
your letter of the 27th September.

It appears from the letters of the Secretary of the Treasury to yourself, dated the
12th June and the 24th September, which you inclose, that these schooners were seized
by American cruisers, one in the North Pacific Ocean 9th June, 1894, the other in
Behritig Sea 2-»th August, 1894, and delivered to British naval ofllicers with a written
state-lent of the fitcts upon which the seizures had been made, which officers, without in
anywise invoking the action of the ('ourts, released them, having reached the conclusion
after investii^ation, and upon legal advice, " that no case could be made out against
them."

The British naval officers, in releasing the schooners, apparently proceeded on the
theory that they were invested with the authority of an ordinary examining Magistrate or
Court to determine whether the accused vessels should be subjected to r^ular judicial

P.- r:,'

inquiry or not. So acting;, they seem to liave held that the statements of the United
States' Connnandcrs, as well as the facts developed hy their own investigation, failed to
show even probable cases of violation of the laws for the preservation of the fur-seals,

?a8sed ill puisuance of tlie Award of tlic Tiibunal of Arbitration at Paris under the
reatv between the United States and Great Britain, conchided at Washinstoii 29th
February, ib!)2. (See Act of Pailiamcnt, 'JSrd April, 1894,57 Vict., cap. 2, .'Jl L.R.
Statutes 4.)

The statements made and delivered by tlie United States' ofTicers were to the effect
that prohibited ami unsealed fire-arms, toi^cthcr with larf,'() numbers of seal-skins, were
found on board tlie seized schooners. In the case of the " Wanderer " at least there were
other circumstances of suspicion, such as evasion and concealment. Tlie alle.ijed defects
in these statements were that they merely set forth as f,'rouiids of seiaure the facts above
stated, but did not specifically assert that seals had actually been taken contrary to law.
In other words, considering the statements as pleadings, they set forth mere evidence and
not the ultimate fact.

I find nothing in the British Statutes, or in the orders and instructions issued for the
due execution thereof, whicii recjuires any formal charge by officers making seizures.
"An indorsement of the grounds on which it was seized" on the certificate of the vessel
is required when it is returned to enable tlie vessel to proceed to port for trial (57 Vict.,
cap. 2, sec. 2 (1). Section 12 of the Act of Congress, authorizing seizures of Americin
shijjs by British officers, provides for the delivery with the ship of " any witnesses and
proofs on board." (Act approved (ith April, 1891, 2S Statutes, 52.) The instructions of
the Secretary of the Navy to the Commander of the United States' naval force in Bchring
Sea, dated 4th May, 1894, a copy of which was sent by the Secretary of State to the
British .Minister (Senate Ex. Doc. (57, oSrd Congress, ;5rd Session, p. 124), required the
Commanding Ollicer making the seizure to draw up a <leclaration in writing, and deliver
the same with the vessel, whether such delivery should be made to British or American
authorities {id. 126). 1 have found no similar requirement in the British Act, Orders in
Council, or Instructions, and the declaration* directed by the instructions to American
officers were merely intended to carry out Section 12 of the Act of Congress. These, as
well as the indorsement on the certificate above mentioned, were manifestly required, not
for the purpose of justifying the seizures to other naval officers to whom delivery miitlit be
made, but to indicate evidence for use in the Courts where proper charges would be
formulated from the evidence produced. As all seizures are to be made by naval officers,
and the vessels seized delivered to other naval officers, when not taken direct to the judicial
authorities, it could not have been expected that the niceties of legal procedure should be
•observed in such statements.

The authority of American cruisers to seize British ships is found in the Act of
Parlianu'iit aboved cited, and in the Orders in Council authorized thereby, wiiich bear date
30th April, 1891. Section 1 of such Orders jirovidcs that American officers may "seize
Jind detain any British vessel which has iiceoine liable to be forfeited to Her Majesty
umler the provisions of the recited Act, and may bring her for adjudication before any
such British Court of Admiralty as is referred to in section 103 of 'The Merchant
Shipping Act, 1S'»4 ' (which section is set out in the second Schedule to the recited Act),
or may deliver her to any such British officer as is mentioned in the said section for the
purpose ot being dealt with pursuant to the recited Act." The mode provided by the
Bchring Sea Award Act for dealing with vessels so seized is to subject !hem to legal
proceedings in the British Courts (second Seiiedule, section 103). Section 2 of said
Orders in Council, which relates lo the conduct of British cruisers seizing American
vessels, provided that "such officer, after seizing and detaining a ship of the United States
in exercise of the said powers, shall take her for adjudication before a Court of the United
States having juri.^dictloll to adjudicate in the matter, or deliver her to any naval or
revenue officer or other authori ies of the United Slates." While it is not explicitly
stated, it is manifest that the intention was to substitute delivery to the naval authorities
of the country to which the vessil belongs in place of delivery to its judicial authorities
jnerely lor convenience, and not for the nur[)ose of dispensing with legal proceedings
or haviiiji a trial by such naval authorities instead. Such delivery is a mere transfer of
.custody.

The law ot each country requires that its vessels, when seized by its own cruisers,
shall bj brought into Court for adjudication (second Schedule, Act of Congress, supra,
sees. U and 11), and intended to give to the cruisers of the other country the same rights
given tliose of its own (Act of Parliament 3 (3), Act of Congress, sec. 12).

It may be suggested that the Commander of a cruiser conducts an investigation in
^ecidin^ whether to seize or not to seize, and farther that, after seizure, he may revoke liis

if the United
tion, failed to
tlie lur-seais,
ris under the
hin^ton 29th
p. -J, 31 L.R.

to tiie effect
;al-siiins, were
ast there were
illeijed delects
he tiicts above
ntrary to law.

evidence and

issued for the

ting seizures.

of the vessel

iai (57 Vict.,

of Ainciicnn

witnesses and

instructions of

rce in JJehring

f State to the

), required the

nir, and deliver

or American

Act, Orders in

s to American

ess. These, as

y required, not

livery mizht be

irges would be

Y naval officers,

t to the judicial

dure should be

in the Act of

■ hich bear date

ei's may " seize

) Her Majesty

ion before anv

i'he Merchant

ie recited Act),

;cction for the

rovided by the

them to legal

ion 2 of said

sing American

: United States

of the United

any naval or

not explicitly

ival authorities

:ial authorities

al proceedings

jre transfer of

own cruisers,
ingress, supra,
le same rights

decision and release. Hut two things would prevent the conclusion that a naval officer,
to whotn di livery is iii.i<ie of a vessel seized under the pruvisions of the Treaty, has power
cither to review or to investi'^;ite nru'W, One is the sj)irit of eomilv shown l)v the Acts of
both eountries, which requires a eonstiuetioii thereof not inconsistent with mutual
confidence and respect. The other is tliiit the power of IJriiish officers receiving seized
vessels from Amerieatt cruisers is expressly limited to l)rin;;ing then) into Court for
adjudication. (Orders in Coimcil, see. 1, second Seliedule, n.'lirin^ Sea Award Act,
sec, 103.)

Nothing is said in the Act of either country about li.il)ilily for wron'.:ful seizuics. If
it be ci)nce(k'ii, u|K)n |»rinciples of comity or otherwis',', that sucli liiil)ility was eoniein|datcd,
it must he assumed that both eountries had in mind the well-settled principles of the la.v
common to liotli reliitive to such liability,

W bile the Acts of both countries are, of course, directed only against actual cases of
uidawful seal fisiiing, it would b.' absurd to limit the rmht of seizure tli''nl)y cwnferred
upon each other's cruisers to vjs>eis canglit in the act. In all other c.ises action
must depcntl upon evidence and indications This was recognized by tlie authorities of
hgth countries. Sec Instructions of Secretary of the Navy, supra, y. I'Jfi, wliich adopts
from " Instructions to Urifish c,"nisers as to sei/.ure " sent by the Uritish MinistiT to the
Secretary of State (Senate Ex. ))of. niipni, 116) the followim; : " Whether tlie vessel has
been engaged in Imntiiii; you musu judi^e trom the presence (jf se.d-skins or bodies of seals
on board, and other circumstances anri indications." The possibility of mi>t;dvcs in such
ca'JCs is well known. Certainly it could not liave been intended by Great Hritain to have
liabilitv lor wrongfid seizures by American officers depend upon any ditiVrent rules from
those expressly made applicable to seizures by its own. These are merely the rules of the
common law in the analogous case of groundless arrest or prosecution by the civil
authorities. There is no liability in any ease where reasonable grounds for the seizure
arc shown, even when the Court has discharged the vessel. (Second Schedule, supra,
sec. 103.)

The schooners in (juestion, having been seized by due authority, have never been
lawfully discharged. It is not even suggested that the American officers who made the
seizures did not act in good faith, and they seem to have acted on reasonable 'rroiinds of
suspicion. My o|)inion, therefore, is that the .Secretary of the Treasury is right in holding
that there is no liiil)ility for damages on account of such seizures, assuming that there
was, in fact, no violation of law by either (A the schooners seized. While voluntary
release b\ the seizing officer might dispense with juilieial dis(;liarge as one of the conditions
of liability, this would result only because such release would be an admission of ii\uocencc.
It will hardly be claimed that the release by Uritisli naval officers operated as an a-huission
by the American officers wiio made the seizure.

A'erv respectfullv,
(Signed) JUbsON ILAiniOX,

No. 31.

Sir J. Pauncefote to the Marquess of ISalisbury. — {Received I'ebruar;/ 20.)

.My Lord, Washinijton, Februnnj 11, 180(J.

I II A VI'. the honour to forward herewith to your Lordship cofiy of a note which I
have received from the vSecretary of State, containing a request that ller Majesty's (iovern-
meiit will notify the British Columbian sealing-vessels to keep a record of all nursing
female seals killed durinir the coming season in Hehring Sea.

I have forwarded copy of the above note to the Governor-General of Canada, for his
E.xcollency's information.

I have, &c.
(Signed) JULIAN I'AUNCErOTE.

ivcstigation in
nay revoke his

[nasi

Inclosuro in No. 31.
Mr. Olnei/ to Sir J. Piiunrefnie.

l!xc('!l(>iK'y. Department nf SUitr, Wnshimjlon, Februnrtj 0, \H)i^.

I IIAN'K the honour to i-e(iiie»t, in \\v\s ot a Itttei- (Vom the Secrt'tary of the
Tiiusuiy of the 3rcl instant, that llcr Majesty's Government will notity tho British
*JohMiil)ian sealinf^-vessels 'u keep a record of ail nursint; female seals killed during the
<i)!iiiri- .-eason in Behring Sea.

Such a record will greatly a>isist tlie Treasurv n,.'part!n('nt in ci-rtaiii inve-ti;ralions
it i> iiDuiiiakin.:. showing' the di-taiiee Iroui I'ribyl 'tl" blauds fi'uialc seals go lor food,
ieaving then- young on the islands. It seems needless to add that the eo-0|iHratioti
ot the liritish ( ioverniucnt will he of material assistance to tlie Treasury Department in
proBccuiiug its investigations.

I am, &c.
(Signed) JUCnAllD OLXKV.

No. 32.

The Mtinjupus of Sdlislnir]/ to Sir J. Potincrfote.

Sir, Foreign Office, Fel,ruari/ 21, 189(5.

l>l'inN(jI the sealing season of 18'Jo complaints have been made against the
proceeilings of the United States' revenue-cruisers in searching and seizing British
vessels with' ut .sutlicient cause.

You are aulliorized to communicate to the linited States' (Government copies of
the inclosed letter from tlie Collector of Customs at Victoria of the loth October, witii
the dcclarati<m of Isnnc A, Gould, and the list ol hoardings which accompany it.

it appears from those papers that out of twenty-nine vessels which had tiicn returned
from Ik'hring Sea, no less than twenty-six had been boarded by United States' oHicers,
and tliese, in the aggregate, eighty-two times. The average was, therefore, more than
three boardings for each vessel, anil in one case, that of the "Sapphire " the vessel was
boarded six times in the course of twenty-four days. In nearly every instance the seal-
skins wcri; overhauled and examined and left in contusion, ami on each occasion theyjiad
to be repacked in salt by the crews. The net result of all this labour and annoyance
wa-. that the entries in the log-book of the '• Beatrice " were found to be a few days in
arrear, and that a hole was discovered in one sealskin out of a cargo (f 38(5 on hoard
the " E. B Marvin," wliich, in the opinion of the United States' naval officer, had the
appear.'Mice of being a shot wound. Both these vessels were seized, a'ld were subse-
<)uently sent to Victoria for trial.

Admiral Stei)henson and the Officer Commanding Her Majesty's ship "Pheasant"
iiave also commented on tlic frequency with which iiic vessels were viy.ted, and on the
manner in v. hich the search was conducted. These two otlicers state, moreover, that the
men who command the sealiug-schooners are most anxious to carry out all Kegulations
to the letter.

Her Majesty's Government hr.v(> also been informed that the United States' naval
officers considered themselves authorized by their instructions to board indiscriminately
all Britisli sealers.

Voiir Ivxcellency will observe from tUe foregoing summary, that the complaints of
the >e,iliiig-vessels against the United States' revenue-cruisers belong to three different
categories : —

I. The seizure of vessels for alleged offences on evidence obviously insufficient.

li. The exercise of the right of scarcli in cases where no suspicion exists as to an
olfenee having been committed.

:\. Vexatious and inquisitorial interference.

"With regard to the question of seizure, it has been notified to the United States"
Government on several occasions that the United Sta es' cruisers are only empowered
by the British Order in Council to seize British vessels contravening the provisions of
the Britisli Act of Parliament, which contains no provision similar to Section 10 ot the
United States' Act, and that the United States' naval otlicers have therefore no power
to sei.'.e Britisli vessels merely on the ground that they have scaling apparatus or
iuililemeiils on boar!. Tiie British Act of Parliament only gives a power to seize where

ail (illi'iicc Ii;w lam rojiimittcil. i\'i,| tlic f)^!!'!- in ( omwil MUtliDrizis the seizure anil
ilottMiiinii of any I'.ritisli vi>>~rl wliicli lin> ln-'omo iinhlf to In- I'orfoitid. V.:\-.i liy tin-
Uiiiteil States' law, no ^'oiiiTal i)o\vcr is conrorrcd to board niid scarcli vessel- uitliout
spccilic frronnds of >usi>ici(in. I have nhvadv ri'(|iiested your Kxcrllino. in my
despatch of the '2'lh Scptcinhcr last, to inform" the United States' d'ovorninont that
i{riti-li naval otliccrs will in futnro doclinc to take over any l>iiti>li ve-sil seized 'ty an
Anu'rii-an cruiser unless the declaration al!eg;.s a spccilic otrcucc which is a coniiavcntion
of the Hrifisli Act of I'arliament.

There appears to have hecn some misconoeptiou on the part of th.e I'liito-i States*
naval oflicers, wlio have attempted to apply I'nitcd States" hn\ to British vessels, as \h
>hown hy the clearance certificate i-nnited to the " K. H. Marvin" hy Lieutenant
Carmine. United States' navy, in wliieii the Proclamation of the IVesideiit and tlie
United States' Ke^julations are (pioted. A copy of this certiticate is inch^sed. It ^liould
lie hroufriit to llie notice of the United States' (Jovernment, witli the request liiat tlic
naval oliicers tnay lie informed that their powers, as far as Brilisli vessels are concerned,
exist solely in virtue of the British Act of I'arliai. iMit, and the Order in Council issued
under it. and are restricted witldn tiie limils of tlu.' provisions hy which those powers are
therein defined.

The exercise of tlie ri;;ht of search is likewise sii''iect to restrictions.

'I'lie Act of I^arliament contains no section enaldinj; an otHeer to stop and examine
any vessel such as existed in the Seal Ui>.iiery Acts of isOl and 18!».'. 'I'll- Arhitration •
Award re(|uired that the offences si)ecified in .Articles I and 11 should he proliiMted. hut
did not recpiire any preventive action hei'ore the commission of the oflence. If an otiicir
has rcasojiahle cause to suspect a vessel of having committed an ollence it is o|)en to
him to stop anil examine her. hut he is clearly not . justified, in llie ahsenre of any specific
ground for suspicion, in stopping and examining every vessel he meets as a purely
precautionary or preventive measure.

In any case, tlie vexatious and uncalled-for interference reported during the past
season gives just cause for complaint. Amongst the points agreed to )»y tlie Secretary
of the Treasury with reference to the instructions to tlie United States' naval otlieers in
May U^it-t were the following: —

That the masters of the sealing-vessels should be protected from inquisitorial
examination; that no sealing-vessel should he seized hy reason of the ab.sencc ot a
licence o: ot fishery implements being found on hoard ; that the United States' naval
instructions as to the mode of dealing with sealing-vessels should !)e similar to the
British naval in.struetions ; and that the naval olticer who examines a sealing-vessel shall
leave a certificate with her master for his protection against interference.

These provisions, which hid special reference to the arrangement for sealing-ui>
arms In 189 !•, show the spirit in wliich the iiistrut lions for carrying out tlie A\iard were
issued, and it is essential that an international Agreement involving questiims of so
delicate a nature sliould he administered with mutual forbearance and moderation.

Her Majesty's Government feel sure that it is not the intention or desire of the
United States' Government that men engaged in a perfectly legitimate occupation, who,
according to both British and American reports, are most anxious to observe strictly the
Regulations imposed for public reasons on that occupation, should he treated as it they
were continually engaged in trying to evade and break the law, and subjected to
unnecessary loss an«l trouble. Tlie right of searching Britisii vessels was conferred on
United States' officers on the assumption that they would exercise their powers with the
same consideration as would in like circumstances be shown to such vessels by Her
Majesty's naval officers, and Her Majesty's Government have no doubt that, when the
matter is brought to the notice of tlic United States' Government, they will issue sucli
orders as will put an end to an ir.tcrfercncc with Britisii vessels on the high seas, which
has given rise to so many complaints, and which is not warranted by the provisions of
British law.

Your Excellency will address a note to the United States' Government in the
sense of this despatch, and make such further representations as you may deem
advisable.

I am, &e.
(Signed) SALISBURY.

[638]

G 2

■xci'ptioiis.
lakinir llio salt.

Tnclosurc 1 iti No. ■V2.

Customs. Cuuaild. Virloria. lirltisli Columbia,
Sir, Orlnbrr 1."., lb'J5.

I IIAVI, the lidji'iur fo I'orwai-d licrcwitti, for your itit'ormation. a statement
f^iviii;; t!i(! iiamo of the sealiiiL'-vi'>v;i'ls, tlie latituile airl loiiu'itiido of each at t'le timi-
the sclioojiers '.ven- buiinled in Jirliriin,' S.-a wiiiie eii^a^'cil in scal-liNliini^' outside of the
(10-niile zone roiiiid tlie rrilnlolV Islaiuis.

I i)ei' to sav tiial ail the vesse's have not vet returneil. tlien> hoiii:,' eii^-lit still out.
All those that have arrived report haviiiir lieeii hoarded, with only three

The l)oai(iinir olllcers eertilied on tin' oiricia! lotr-hook tlu' time of
position of tiie \essrl, and also tiie nunihei- n\' seal-skins tiien on hoard.

'I'he examination of tlie seal-skins and thoopeniuLr out of thoni,
from the skins, tossing and heaviie.; them aboid the hold of the vessel, and leavinii;
the skins on each occasion without salt, and at no time offerini,' to repack the skins
as thev found them, seems to I'c the only cause of complaint of tin.' majority of the
mastiM's and ercws during' their voya;ie (o lielirinL; Sea tliis year.

There wer.- only ''.vo sclioum-rs seized in Hehrini^ Sea for alleged contravention of
" The IJehririi,' Sea Award Act. lS!)t," vi/. :—

Schooner " Heatrice," of Vancouver, British Columbia, Louis Olsen, master, seized
in latitude .")"» 1' iu)rth, loni^itiide Kih o.V west, by I'nited States' shij) '• J>ush," for
liOt enteiT.if^' catch of seals in her ollicial lo!^-l)ook.

Schooner ' K. 15. Marvin," of N'ietoria, JJritisli Columbia, seized in Behriii;: Sea by
the United States' ship " Hush," in hititude 5(i 'Jb' north, and ltinLi;itudo 172° o!)' wst,
i'orviolati(m of Ai'liclctiof the Herniations of the I'aris .Vward, that is, for liavini;
one skin which a))]iears to have a shotlude in it. At the time of seizure the " 1'^. \\.
ilarvin " had (»n b >ard 8S() fiu'-seal skins.

'J'hest! sidiooners that have returned liav(> all obtained fair eatciies, l)nt on the whole
ison will he about 2;J,000 short of last year, owing cliiclly to
an coast catch and on the coast of Japan caused chiefly by

the entir(> catch for the se;
the small British Columbi
stormy weather.

Those vessels that were boarded in IJehrinir Sea d

uring the jiast season will not

V sutlered loss

likely, I think, present any claims for detention, as none actual

All the skins on being landed wen> found to bi' in cxcvlleiit condition, and the
|)rice paid here for each skin has been 10 dol. 50 <!., but the greater proport'-^n of seal-
skins has gone forward to Jjondon to be sold at the next sale that takes place about the

26th

proximo.

I have, &c.

AVm. Smith, Esq.

(Sig led)

A. 11. :M1LXJ:, CoUn-tor.

Depu'y Minister of Marine and Fislun-ie.'
Ottawa.

IncIo«urc 2 in No. 32.

ncclaratioii.

BY this public instrument of protest hereinafter contained, be it known and made
manifest nnto all people that on 1 he 1 oth day of ( )etober, in the year of our Lord lWl)o,
personally can\e and appeared before me, Harry Dallas Ifelmcken, notary ])ublic duly
authorized, admitted, and sworn, residing and practising in the city of Victoria, Province
of Britisli C(dumbia, and Dominion of Canada, Isaac Archibald Gould, who did duly
and solemnly declare and state for truth as follows, that is to say : —

1. That I have been cajitain an<l registered nnmaging owner of the schooner
"Catherine" sinc<> the month ot December 1S5)3.

2. That the s,aid schooner left tiie j)ort of Victoria on the 2')th day of Januury,
A.l). ISO.'*, bound for the west coast, and remained sealint: until the JJOth day of .Vpril,
A.l). 1KU5, when the sjiid schooner returned to the said jioit.

3. That the said schooner, with a crew of seven whiles and twenty-one Indians,
left for I'ualaska and Hehring Sea on the ITitb day of June, .\.i). 181).'), and remained
scaling until the 18th day of Scptemlier, I si),').

t. That the .said schooner, when i learing from the port of Victoria, had uo shot-

guns nor villes, nor shells, nor ammiinitiuii ol' ;uiy kind (cxwpt <>n>> lvinil)-i,'un'> on
board, Imt lirul lictwceTi thirty and forty spears forthe imrpose of iiuntinir seals.

5. That the said schooner rcaciied L'nalaska on the 2()th day of .Inly, a.d. I'^iVi,
and Ininiediately on arrival reported to tho Customs. While in jiort tlu' said seli<««i««r
was boarded by two of the Aiui'rie;' \ i-ntters lyir.Lj at anehor, and 1 was ero'.s-cxaiiMmtd.
by their ollieers >trictly a- to the nature of the voyau:f, and o.s to whar arms the said
schooner earried. They appeared to be satisfied witli my replies.

(i. Tliat tile said seiiooiu'r left L'nalaska on the IJl-rday of .Inly. a.d. l'^'.).'), 1) .und
for the Hehriinr Sea.

7. 'Ihat o.: the lllh day of .\ntrns|, ,v.i>. iSDo. the said scliooi\er was hoarikd by
the United States' reveiuie-eutter" Grant," and a;;a in -t my wis'a se irelie;! by her ollieers.
The catch of skins, numbering' -I'K wiiich had been carefully silted and put in tlie
hold, were pulled out of the salt, and left scat'crcd in the hold. The otlicers
volunteered to have the skins replaced as they \\rv<; but as 1 iiad no contidenec in
the man tendered, from luy own previous knowiedi^e of him, 1 was obliLTi'd to
decline the iilVcr, and, in I'oiiscijuence, I vras compellcl to have tiic said skins n'salled
and repacked.

8. That I liavc no fault to find witii the per-sonal behaviour of ihi' .smeral oflicers
of the •' Gmnt " towards m(\

!). That the said officers made the Hdlowinii- entry in my odlcial lo','b lok : —

" Luliludr '>{■ 6i' v., Lnu'jitiid- KiT" oS 11'.,
Aiiifiist tl, 1^i).">.
'•Boarded Has lltii day of Auirust, iss).",, by olli •< is from United States*
revenm'-cutter " ' Jrant," anil t!ie skins on board found t'> correspond with entries in
otUcial \<<ix.

(Sigin-(l) " I). 1'. ToziKU, Capldiii, U. S. It. (.'. S., "1 l]nn.(Vn\ij

" K. W. I'EUUT, -Jiid Liiiitenaiit, V. «. R. ('. ^., J O/fici'inI"

10. That ttu' said schooner continued sealini; until the 21tli day of AuLTUst,
A.D. IS'.t"), when the said sciiooner was boarded bv the United States' revenue-cutter
" Rush."

11. That on this occasion the weather was i()Ui;h, w ind fresheninir, and indications
of bad weather. I was sailing umler shoi't sail to hunt three of my eaitoes. .Vbout
i) P.M. I was spoken to lieave-to and allow them to board. 1 said 1 hrid lost tliree
canoes, and wanted to tind them, and did in.t wish to be detained, as 1 \\ished to lind
the cau'jes. .\fter [ found two of the canoes tiwr boarding oiiiccr came al)o;trd to
seareii the vi^wol. 1 lu'otested, as I had only found two of my canoes. J was f(>eling
uneas-y about the third, and I wanted to lind the third canoe, as the weather looked
threa.'Bening. The oflieer said he would not overhaul the skins, but would detain me
to OTPrhaul tho log. lie asked me why I did i ' heave-to wiu'n s]ioket\ t >, and I
replied tiiat I considered the men's lives of more lUiiiortance than his bu'-iness was,
and I wished to jirotest against the assumptit)n 'iat a sealin;:-schooner must, when on
the high sens. Leave-to when spoken to and suhmt to bcMug searclu'd at the will of each
and every «ftilcer who boards.

12. The said ollieers did not disturb the skins in salt on account of beiu',' ealle !
on board tho said cutter "Hush," but before leaving niadi* the f'ollowin:.r entry in my
otlicial log : —

"Latitude 51" 17' xV., LmujUnde 1(58° 27' W ,
August 21, 1895.

'• Boarrled, ."mtl found skins to nirree with entries in lo^r.

(Siiijned) ".). Ci. l\\i.\A'SiL;^\i,'2nd Ucutcnant, Bondimj OJ/iver."

l.'l. That on the 27th day of .Vugust. a.d. ISK.', Uaptain Tolger, of the .\merican
sealin>,'-sehoonei- '■ Webster," visited me in latitude 51.^ fs' north, ion-^itude KiS'' .'lO'
west, and in the eourse of conversation told me that he was sc/dimj m'ar the pro!iil)ite(l
7.onc of the PriliylolV Islamls. An .Vnu'rican cutter came to him about noon, and told
him liis boats Mtrre inside the line, lie rei)lied that he was just taking the sun, as he
himself feare<l he was inside tin; line, and w.-'s llagiring his boats to comi; on board.
The lutter tohl iiim tiiat he had better irel out, as his boats wcrt! inside. At tiio
same time he (said Captain Folger) could s<'e American schooner " Willanl .\jns-
wortli " some miles further in than he was. She was also allowed to go witlnmt being
Bcizcd.

AthI Uiis .'ipiiearcr dotli protest, and I, tlio said ik iary, do also protost, against the
aforesaid lionrdint,'. scarcliiii!,', iiiterli'rcuee, and oeeurroneos, and against all loss, damage,
and cxjienses occasidnf-d tbcrcljv.

And J, the s-il Isaae Arehihald (iould, do solemnly and sincrely declare that
the foregoing sta'ement is correct, and con(;.iii>; a trr.e account of the facts and circum-
stance's.

And I make this solemji declaration conscientiously believing it to he true, and
knowing fiiat it is of the same forc(> and eil'ect as if made under oath and bv virtue of
"TlK'Evidenee Act, J8!H.."

(Signed) T. A. GOULD.

Taken and declared before nu; at Yiet;)ila, British Columbia, this lotii day of
October, a.J), ISI^'j.

(Signed) JI. Dallas IIklmckkk,

Nolury Public in mid for llir Province of
lirilish Columoia.

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Inclosuie I in No. Wl.

Clearnnce Certificate.

WILLIAM D. BYKU, master of the schooner " K. B. Marvin," of Victoria, Hritish
Columbia, Imvini; declared to the correctness of the accoinpanyini,' manifest, and delivered
a duplicate thereof, permission is hercl)y granted to the said scliooner to |)roceed in Mehrinj;
Sea f'.ir the purpose of hnntini; fur-seals, according; to printed instructions furnished the
master, consisting of the President's Proclamation, and Regulations j;overning vessels
employed in fur-seal fishing for 1805.

(Si!j;nc(l) G. O. CAIIMINE, 'Ind Lieutenant, United

!<tatvi^' Kerinue-cutter fiervice, Actinij
C'uxtomn Officer.

United Slnli's Cutter Service, District of Altisita,
Port of Attou, July 2!), IS'Jo."

No. 33.

Sir J, Pauncefole to the .\fiirquess of Salixburi/. — {Received March '.).)

My L.ord, U'nshimjton, Fehriairy 27, 1896.

I lIAVii the honour to transmit herewith the text of a Hill " to amend an .\ct
entitled an .Act to prevent the extermination of fur-bearing animals in Alaska," which was
passed by the House of Representatives on the 2yth instant.

I also transmit the text of the Report of the Committee of Ways and Means upon the
measures.

The Hill is framed .is an amendment of the Act of the 1st July, 1870, providing for
the lease of the seal fisheries on the Pribyloff Islands, and regulating the catch. It
authorizes the President to negotiate with Great Britain, Russia, and Japan, or any of ♦hem,
for the appointment of a Joint Commission to revise the Regulations now in force, and to
conclude a modus virendi pending the Report of the Commission.

If the modus virendi be not concluded, and regulations under the same cifectual, in
the President's judgment, for the preservation of the Alaskan seal herd, be not put into
operation for this year's selling season, then the Secretary of the Treasury, with the
approval of the President, is authorized to kill all seals found on I'ribylofl' Islands.

A similar Rill was passed by the House of Itepresentatives on the 1st March, 18!).'»,
but it only came before the Senate on the last day of the session, and, in the absence
of unanimous consent, was not considered.

(Signed) ' JULT.VN PAUNCEFOTE.

[638]

til

luclosun- 1 in No. .'i;'>.

i)4lli Cjnfjirss, l.v/ ,<rssion. — U. l!. '.VI^Hi.

^^■I)o^t No. l.M.)

In TIIK llol'.SK OF KkI'KE.SKNJATIVKS.

Jomiary .'J, Is'.m;.— .Mr. Dinsflcy iiitrodiuvd lln- l"ollo\viiii; l^ill. wliicli was icfcried to
llic ('oiiiniiltcc on AVuvs ami .Means, and crdcrcd to be printed.

Ffliruari/ 20, 18!)t>. — (.'oniniittcd to tlie ('oniniitt<'e ol'tlic \v1iole Jlouse on the state of

tlie Union, and ordered to be ])riiited.

J Hill lo iiineiid (in Acl inlilh'd "An Art to prcvnl tlif E.rterniinalion of Fitr-ltearinij
Animals ni Ahiskn," and /'■! oilier purposes.

UK it enacted by the Senate and House of Hepicsentativcs of tbe United States of
America, in Conp;rcss assembled, tbat tlie President of tlie United Slates be, and is iiereby
autliorized and empowered to conclude iieijDtiaMons witii tbe Govcrriments of (ireat Britain,
IJussia, and Japan, or any of tiiem, for the appointment of a .Joint Commission to consist
of not more than three members from each nation, to investi,i,'ate tiie present condition,
habits, and feedinif fjrounds, botii on land and sta, of tbe fur-seal herd in tbe North Pacific
Ocean and in Belirin.'? S^ca, from the American to the Asiatic sliores, and the methods of
elangliturinff the .same, and to consider and rejiort what further regulations, it any, on land
and sea, are necessary for its I'rcserrat.ion.

]f such Commission shall deem it necessaiy to visit the shores on the American and
Asiatic side of the North Vacitie Ocean, JJelning Sea, I'ribyluir Islands, Conmiander
Islands, Kurile Islands, and Kobiien Island, or any other places on or near the North
Pacific Ocean and liehrinj; Sea, the President may detail a ship of the United States to
convey any or all of said Commissioners, with the ships of either of said other nations.

The members of said Conunission lor the United States slmll be appointed by the
President. In addition to their necessary e.vpcni-es, tliey shall each receive compensation
at the rate of not more than ."jjOtJO dollars per annum ; a Secretary and a stenoi^rapher
may also be appointed for said members of the United Statts at such compensation, in
addition to their necessary expenses, as may be determined to be reasonable by the
President. In addition thereto the United States shall beai' its proportion of such general
expenses of the Commission as the respective Govermiients may aj^ree upon as necessary.
The said Commissioners for the United States, and oilier einp!.. yes as aforesaid, shall serve
until the completion of their Report, hereinafter referred to. They un\y be removed by tlie
President at any time, and he may appoint their successors whenever any vacancy shall
occur by death, inability to act, resiynation, or other cause. They siiall report to tbe
President the results of their investigation.

See. 2. That pending the investigation and report of said Cointnistion the President
of tbe United States is hereby authorized to conclude and proclaim n modus rinmdi with
saiu jovennnents, or any of them, providing for new regulations or suspending or altering
the existing regulations established by the Paris Triliunul, or limiting the catch on the
Pribylort, Commander, Kurile, and Hobben Islands, or any of t!;cm, in any maimer that
iiwiy be deemed expedient for the preservation of the fur-seal herd. Said wodns vireudi, and
the terms of said Commissioners, shall expire by limitation unkss previously terminated on
tbe 1st day of .lannary, I8!^7.

Sec. :{. 'J'liat the provisions of the Act iJpprov.d the Gth April, \H'.)H, providing
punishment by tine, imprisonment, and ferrc'iture of vessels for violation of the articles of
Award of the Tribunal of Arbitiation, aie hereby nu.di applicable to all violations of modus
rivi'iHli herein provided for ; and it shall be the duty jf tlie President to make known by
Proclamation tbe provisions of said modus vivendi

See. 4. 'i'hat all needful expenses incide.ital to ti;e a|ipointment, investigation, and
re|)ort of the said Commission, as herein provided f)r, shall be paid by the Secretary of the
'J'reasury out of any moneys in the Treasury of the Ueiled States not otiierwise appropriated,
which amount is hereby appropriated.

*^r('. .'). That it tlic iiiiiiliis 'irriidi autlion/.[<l by sciition "i oftliis Act lie not coiuludcil,
iiiiil reiiuliuiiin.^ inuici' tin' sanu", I'tt'citiuil in tlio jiidLsiiniit of the IVe-idciit lor |in'^frving
the Alaskan seal herd, be not put iTito ()|HTation tor this year's sealiii'r >.iason, then the
Secretary of tiie Treasury, with the aijprov.il of tiie President, is hereby authorized to take
and kill caeii uud every I'ur-seal, male and fen. ale, as it may be found on the I'ribyb IF
Islands; the skins of said seals to be sold by him to the best advantage with nirard
to tin:e and |)laee of sale as ho may elect, and the procei ds thereof eovered into the
Treasury of the I'nitcd States: I'rovided that all neetll'ul expenses incident to the
thorough performance of tins work of kiilinu' seals, pre^ervinj^ and trans|)or;ation ot >kins,
erection of necessary buildings, employment of labour, care otthe Sea Uland and l'iib\lort'
natives, incurred by the Secretary of the Treasury shall be paid by him out of any moneys
in tho Tri'asury of tiic United States not otherwise approjiriatcd, which anionnt is iiereby
appropriated : I'rovided also that nothin',' in the Revised Statutes, sections numbered lUfiO
and 19(51, contained, shall prevent tlie Secretary of the Treasury from exeivivini; the
authority herein conferred upon iiim to take and kill said seals, but otherwise said seetiouA
shall remain in full force and operation.

Inclosure 2 in No. o.'j.

IjUIi Coiitjress, Isl Session.- Itcjiurt .\o. 151.
irousE OF Ri;Tiu:si:NT\rivi:s.

Fuu-BEAiirxr, Animals ix Alaska.

Fchmuij •!(), 18!)(5.— Conirnittod to (lie Commitl(!c of the v.liolc House on the state of

the Union, and ordered to be printed.

^Ir. Dinglcy, from the Committee on "Ways and Means, submitted the following

Report.
[To aceompany II. R. 320(5. 1

Tlli'i Committee on Ways and Means, to whom was referred the IJill (|[. U. ;\20fi)
to amend an Act entitled "An Act to prevent tlio lv\termination of Fur-bearing Animals
in Alaska, and for other purposes," have eon.sidercd the same, and beg leave to
report : —

In order to prevent the extermination of fur seal<, wiiich will soon take place iiidess
prompt nieasurcs can Ije taken to prevent pelagic sealing, this Rill authorizes the
Presidcni to invite Groat Rritain, Rus>ia. and .lapaii, or any of them, to unite with the
United Slates in the appointment of a joint ("ommissioa to investigate the present con-
dition ami habits of the fur-seal herd in tho North Pacific f)cean and in Reining Sen, rnd
the method of slaughtering the same, with the result of such [daughter, and report wha."
further llegulations, if any, arc necessary for its iireservation, with a view to their adoption
and enforcement by the countries uniting in creating such Coimnission.

Pending this investigation the President is authorized i.) conclude a. idikIuh rinndl
with Baid (Jovcrmncnts, or any of them, providing for such new or additional Regulations
as may he doomed expedient for the proervation of the fur-seal herd, and modus vivendi
to terminate on the 1 st January, 18t)S.

If, however, tho President finds himself iiuablo to secure the co-operation of Ctreat
Britain, especially in securing the inodus rin-ndi authorized by this Rill, so as to protect
and preserve the Alaskan seal herd for this year's sealing seasoii, then the Secretary of
the Treasury is aidhoriy.od to take each and every lur seal on the Pribilolf Islatids and to
sell the skins as he may elect, and to cover tho proceeds into the Treasury.

The necessity for this course arises from tlie fact that the Alaskan fur-seal herd i»
beiu" rapidly exterminated by pelagic scaling-vessels — mainly Canadian— which follow

° [(538j U 2

the seal herd as it moves aloiij^ our Pacific coast in the spring and enter Hchrinfj Sea at
tlic end of the close season in Aufrust, wlien tliev are free under tlie incll'ectual Rejiula-
tions ado])ted l)y the Paris Tribunal to use the ^pcar, more deadly than the shot-f^un, in
killing, outside tiic (iO-milc zone, the seals (hat frequent these waters in pursuit of food.
As these seals are mainly females that have "orought forth their jitur.g on the Pribiloif
Islands, the killing of the mother seals results in the starvation of the young upon the
land and the inevitable rapid extinction of the I'ur-seal herd.

The rapidity of the decline of the valuable herd which annually resorts to the
Pribiloli Islands of .iilaska. mainly on account of pelagic sealing, will be seen when it
appears in 1874 this herd numbered about 4,(19:3,000. In 18;>0 the herd had been
reduced to l,0a9,0U(>, and at the close of the season in 1895 to about. 17r»,r)00 — 14,000
seals, mostly females, having been killed during llie last season by pelagic sealers, and
about 30,000 pups having died of starvation in consequence of the killing of the mother
seals.

One year ago it was the estimate of experts tl.at if all killing of seals had been stopped
then it would take live years to restore it to its former numbers. It is now estimated
that if H(>gulations can be secured before the next season opens, the herd can be restored
in ten years. If, however, the pelagic sealers are permitted to avail themselves of another
sea.son's opportunities for slaughter under the inellectual Rcgulaticms of the Paris
'J'ribunal. it is Ijciieved by experts that the herd will be so nearly exterminati'd as to make
it very difficult to restore it ; and that if ])elagic sealing continues, within five years not
only the Alaskan herd, but also the IJussian and .iapanese herds, will be well-nigh
extinguished.

*Vlien it is borne in luind that our Government received about fi,000,()00 dollars
between 1870 and 1890 from tlie lessees wlio were given tlie exclusive privilege of
annually killing 100,000 male seals above one year of age, and in 1890, under the new
Jease, 209,(573 dollars ; but in 1891 only 1G,719 dollars, and in 1892 only 2;J,972 doll.irs,
and since 1892 it has reeeiveci nothing (notwithstanding 505,(100 dollars is due) because
of a claim of the lessees for a reduction of rental which awaits determination by the
Courts, it ^^ill be seen that tlio Treasury is being deprived of a very valuable source of
revenue by the operations of the pelagic sealers.

Not only this, but the Ciovernment expended in 1894 about 4.')0.000 dollars in a vain
attempt to prevent the killing of seals in Ik'hring Sea by enforcing the inctficient Regu-
latiims of tliL- Paris Tribunal.

It will be a;en, therefore, that unless Great Britain can be ])ursuadetl to unite with
this country in so modifying and enlarging the Regulations adopted by the Paris Tribunal
— for Ivussia and Japan are ready to join us — the Canadian pelagic sealers will within
five years completely exterminate not only the Alaskan, but the Russian seal herds, and
deprive this country of a valuable source of revenue and the world of a great boon.
And inasmuch as all these seal skins go to London to be jjrepared and dyed, giving
employment there to nearly 50,000 persons, even Great Jhitain herself will be deprived
of a valuable source of income for her own people.

It is believed that it is Canada that is standing in the way ami holding back Great
Pnlain from co-operating with us in the preservation of the seal herd, and that when
Canada sees that we propose to lake summary measures to end not only the inhumanity
that consigns thousands ol" young seals to slow starvation, but also the farce by which
we nrc expending large sums of money to police IJehring Sea i)ractically to aid her
pelagic seah'rs in the work of exterminating seals, she will no longer endeavour to
prevent England from uniting with us in elileient measures to save the seal herds to
the world.

If, however, we fail in this, as we have failed under present conditions, notwithstanding
we have been urging Great Ihitain for more than a year to unite with us in measures to
preserve seal life, then eonsideralions of mercy as well as economy and justice tlemaud
that we should stoj) the further cruel starvation of thousands of seal pujjs by taking what
seals are left and disposing of their skins and covering into the Treasury the protecds,
which would probably reach 5,000,000 dollars.

Your Committee therefore unanimousiv recommend the passage of the accompanying
Bill.

No. .Tt.
Sir J. Pntincpfoto to thi- Mdriiurss of Salisburi/. — {Rrreivnl March 21.)

yiy Lorn, Washington, March 12, I'^'M.

I llAVK the lioiioiir to forward hercwiili to your Lonisliip copy oC a nolo wliicli I
have nciivfil lioiii tlic I'liitid Stutes' Sicrctary of iftiitL- i-Lspcctini; the threatened
extinction of the seal lierd on the l'ril)yio(r Islands.

^Ir. Ohiey states tiiat tlie Spiciul Agent in chnrsjc of tiiosc islands reports that "by
actual count 28,000 seal pups died on the IVibyloff Islands durinj; the past season from
starvation, their mothers havint; been killed at sia."

He also (haws attention to the uiiprecedentedly large catch of seals in Hehring Sea
durini; tiie past season, and he adds that it is believed that another catch of (similar size for
the comini; season will almost completely exterminate the fur-seal herd.

Mr. Olney points out that while, lor the reasons given by him, there was a small
falling oil' in the total catch of last season in the North Pacitie and Hehrini: Sea as
compared with the catch c.f 18!)4, on the other hand, the c;itch in Hehrinji Sea increased
very lari:ely in ISii^, as shown by the figures given in his note.

In bringing these facts to the attention of Her Majesty's Government, Mr. Oiney
expresses the bo])c that they will realize the absolute necessity of consenting lor the
coming suison to some further regulation regarding the fur-seal fishery, to the end that the
valuable herd may be saved from total extermination.

Yoiu' Lordship will observe tiiat no action is now proposed by the United States'
Government in conjunction with Russia and Japan, or otherwise, for a revision of the I'aris
Award Regulations.

But in view of the alarming destruction of the seal pups from starvation on the
Pribyloff Islands owing to the excessive killing of the mothers at sea, Her Majesty's
Government are urged to give their consent to some new regulation applicable within
Behring Sea, which shall obviate a result ecpially calamitous to the interests of both
countries. Assmning the facts stated in Mr. OIney's note to be undisputed, bis present
proposal docs not appear to conllict with the views expressed in your Lordship's
despatch to Viscount Gougli of the 29th July, IS!).*), as regards tlie circumstances
which would justify a departure from the Regulations prescribed under the Paris Award.

I have transmitted a copy of Mr. OIney's note to the Governor-General of Canada.

I have, &c.

(Signed)

JULL^N PAUNCEFUTE.

Inclosurc in No. 31.

Mr. Olni'n to Sir J. Pauncefntr.

Excelloncy, Dppnrlmenl of Slati; Washington, March 11, 18t)0.

IN connection with previous correspondence upon the subject, I have the honour to
advise vou of the receipt of a letter from the Acting Secretary of the Treasury of the
6th instant, wherein he states that according to tin; last annual Report of Mr. .1. 1>. Crowley,
Special Agent in charge of the seal islands, it appears tli.it, by actual count, 28,000 seal
pups died on the Pribylotf Islands during the past season from starvation, their mothers
having been killed at sea. A careful estimate, based upon a partial count, places the
number of pups which died from starvation during the season of ISOt at 2O,O0<l. 'I'be
count for 1805 was carefully verified by an agent of the Noith American Commercial
Company upon the Pribylotf Islands.

.Mr. Crowley's llej)ort, with other pa]/ers, was recently transmitted by the Secretary
of the Treasury to the Senate, in compliance with the Resolution of that Body, and is now,
I understand, in the hands of the public printer, its publication having been ordered. 1
shall request Mr. Carlisle to give me copies of this publication when printed, and shall send
you, if possible, copies thereof at the earliest practicable date.

1 desire, also, to call your attention to the unprecedentedly large catch of seals ia
Behring Sea during the past season. The total was 44,101), as compared with .'J!,585
during the season of 1894. This is by far the largest catch ever made in Behring Sea,

nnd it is liflicvfil lluit aiuiliicr cifcli of similar ^y/v for liio omiii:; season will a!tiiost
foinplftcly extcrmiiiiitc tlio I'iii-slmI hen). I ntn ii'lviscd tliiit tlic t'reatcr imition of tlie
KcaU killfd !it s,a vvcrt- I'l'inalcs.

'I'lic total catcli (iuiiiifl^ flic la-l sea-on in tlic Norlli I'aciric :mi| Hi'liiiir^ ^-a I'roin flie
Ariuricaii herd u,;- r,f;,'_'!i 1 , as ooiiiiiaivd nitli tlic total for IS!)4 ot' (il,.'';:^, the small
falliii'^ (ili lii'iiii; du(! to flu' ineic noripy or the went lior l)L't\vei'ii Jair.iaiy ami .\[ay aloiic^
thi" r:')rlh-\vi-4irii toast, and also ti) l.hi; diininiifion of t'a; slmI hurd. On the other hand,
file catfii in iichiiim- .^ca in'^ivaseil very !argc-|y, as the ligurcs iiL-rcin referred to will clearly
indicate.

I have t!ioiiL;lit it advisaiile, therefore, to \)vU\>j^ the^e tacts to your attention in the
hope that Her .Majoly's dovernniont will realize th<> ahsoliite necessity of consentinir, for
liie eoniiiii; -eason, to so^ne lurth(.'r rJi;idation rei;ardin;; the fur-seal fishery to the end tliat
the vahia'ile herd may he saved from total extfrmiiiation.

A-kini,' that thi> matter may he |irom|itIy laid In foie Her Majesty's Covernmont,
arid that I niav lie advi-ed o( the conclusion reached tliercoii without unncccssarv delav,
I have, X:c.

(Si-m-d) niCirAllJ) OLNKY.

No. ;■.").

,Slr J. Piiiii cffoU' to the Marqiit'ss af Sdll.sburi/, — (Recclred April. 2.)

My Lord, IVashlnijtnn, Marr/i 2'.], 189G.

WITH reference to your Lordship's {lespateh of the ilst ultimo, I have the
honour to transmit herewith copy of a note which, in accordance with the instructions
therein contained, I have addressed to the United States' Government on the suhject of
tlic unnecessary interference of United States' cruisers with Hritish scalini^-vessels in
Hehrini; Sen.

I liavo, &c.
(Sii^ned) .JULIAN PAUNCEl'OTE.

Inclosure in No. .'>5.
Sir J. Paunrefole to Mr. Oliuy.

Sir. Wunhingion, March ]n, 1K()(!.

IIKII .Majesty's (iovernment Iiave had under their consideration lleimrts from British
officials respectiiii^ the sealing season of 1895, in which complaint is made of the proceedings
of the United States' revenue-cruisers in searching and seizing iirifish vt-- els without
sufficient cause.

I am directed hv Her .Nhijesty's Principal Secretary of State for Forei;;n Affairs to
communicate to your Government the inulosed documents, and to submit the ibilowin"'
observations thereon.

'I'lie documents consist of —

1. A letter from the Collector of Customs ac Victoria, of the 15th October last.

2. A Declaration of Isaac A. Oould, master of the sealing-schooner " Kathcrine,"
detailing; the methods of boarding and searching vessels, and of the examination of seal-
skins.

.'5. \ Statement of the names of British vessels hoarded by United States' j)atrol-vcsscl3
during t!ic season 1805 outside the GO-mile zone round the Pribyloff Islands, with the
latitude and longitude at the time of each visit.

-I. Copy of a clearance certificate issued to the Hritish sealing-vessel " E. B.
,\hirvin,"' by Lieutenant Carmine, United States' .Vcting Customs Officer at the Island of
Attou.

It ajjpears from those papers that out of tiventy-nine vessels which had then
returned Iroin Hidiring Sea, no less than twenty-six had been boarded by United States'
otlieers, and ^hese, in the aggregate, eighty-two times. The average was, therefore, more
than three boardings (or each vessel, and in one case, that of the " Sapphire." the vessel
was boartied six times in the course of twenty -four days. In nearly every instance the

stal-sKins were ovcilirnilnl. and lA.ir.'.iiud and li-il in . mil'ii-ion, and on cacli ii(Tn-.iiin thev
had to Ik- rep.icUed in «alt liy tlie iirtt>. The ret. le.idi ol all thi-. lahmn and aimuyniieo
was tlnit the er.tiies in the lou-hooU (if tiie '• I'eatiiee ' were toiinrl to he ii lew tlay» in
airear, and that a liol.' was distowred in one scal-shln. out nf a cai;:o of 3s<i on h.-iaid the
"E. B. Marvin," whieli. in tlie opinion of the Tnited States' na\al otruer, had the
apiiearance ot h'.inL' a slmt wound. Botii these vessels were sei/eil, and were suhsecjULMitly
sent to Vietoria lor trial.

Adnnral .<tephcn;.on ard tlie Olfieer Conunaiidintr Her Majesty's .ship " l*hea«ant "
liavo also coinnitnfed on the ('re(|\iiiuy with whieh the visseU were vi^it^d, and on the
tiianner in winch tiie seareii was eondiKled. The.se twd otliet rs :-lHle, iii(irt<)\er, that the
men who conwnand the soaliiiL'-Schi.oi cis are most anxious t.. (arrv out all l{fi;nlatit)n> to
the letter.

Ilir Maje.sfy's Ciovetiinient ha\e ai-o Icm iiifornied tiiat thi' I'liited States' naval
oliiccrs considered themselves authorized hy their iiisiruetiois to hoard ii'.di^erMniiiatelv ill
liritisii sealers.

It will he oh.',crvc(l from the rori.:<iinu' >uinM)ary that the ciiniid lints ot" th.'
scaliiig-vissels against the Uidtcd States' revenue-eiui.-eis heloii!; to tliree ditloent
categories : —

1. 'I'he seizure of V(ssels for alleiied oft'eiuis on evidence ohviously msutiicieiit.

2. The exercise ol the riyht of scareli in cases where i\o sus|)ieion exists as to an
oft'enee havinjj heen corntnitted,

S. \ exatious and iiupiisitoria! interiercnee.

With reirard to the (piestion ot seizure, it was pointed out in a note to
Mr. (ireshaiii of the .'^Oth April, l^fM, and it has since heen notitit il to your
(Jovernnient on several occasions, that the I'nited States' cruisers are only cmiiowered hy
the British Order in Council to seize nnii>h vessels cenlraveinii'j; the pro\i-ioiis of the
British .Act of Parliament, which contains no iirovision simil.ir to section In ol tlu' Untied
Slates' Act; and that the L'nitcd States' naval otiieeis have, theretore, no power to seize
Briti'^h vessels merely on the irround that they have seahiiL' ajiparitns or iinpleiner.ts ou
board.

The Britisii Act of P;;iliainent onlv aives a power to seize when an offrnee has
heen committed, and the Order in Comicil aulhoiizes the seizuie aiid detmlion ol' any
British vessel which has hecoine liahle tu he forfeited. ICven hv the United States" law
no general jiower is conferred to hoaid and search vessels without specific uroumfs ot
suspicion.

Accordingly, hy direction of the .Mari(ucss of Sali^hury, 1 had the liotiour. in a
note of the 14th Octoher l,i~t,* to iidorin you that l>ritish naval olliceis would in luture
decline to take over anv British vessel seized hy tm American criii-er unless tin;
Declaration alleged a sjiecitic ofl"enc.', which is a contiavenfioii of the British Act of
Parliament.

There a|)pears to have heen some ndscouception on the part of the United States'
naval officers, who have attempted tfi ap|)ly Uinled .States' law to I'.iiiih vessels, as is
shown hy the clearance' certificate granted to the " E. 15. Marvin," hy Lieutenant (\ii>iiiiie,
United States' Xavy, in which t!ie Proclamation of tiie Prcsldi iit and tiie United States'
Regulations are quoted.

A copy of this certificate is among tlie documents inclosed, and I am diri'Cted to
bring it to the notice of your Government, with the ri'ijucst that the United States' n.ival
officers may lie informed that tlu'ir powers, as far as Mritish vessels are concerned, exist
solely in virtue of the British Act of Parliament, and the Order in Council issued und.i- it,
and are rest.icted within the limits of the jirovi-ions hy which tlio.sc powers arc therein
defined.

The exercise of the right of scaich i> likewise suiiji ct to restrictions.

The British j\ct of Parliament eon!ains no ■•eetioii cii.ihlmg an oliicer to stop and
examine any ve.ssel such as existed in the .Seal Fishery .Acts of l>s!(l and 18!)5.

The Arhitration Award recjuired tiiat the ofrenees specified in >\rtieles 1 and 2
should he prohihited, hut did not re(]uiie any preventive acton hefore the (Minmission
of the ofTeucc.

If an officer has reasonahle cause to suspect a vessel of having cominittt-d nn
oft'enee, it is open to liim to stop and examine iiev, hut he is clearly not justified, in the
ahscncc of any specific ground for suspici in, in stopping and examining every vessel he
meets as a purely precautionary or preventive measure.

In any case, the vexatious and uncalled-for interference reported during the past

• Snc No, QS.

lil

«cnson pi\cs just cause (or c<)ti)])laint. Ainoiii; tlic jioiiits uiiiccd to by the Secretary ol
tlie 'I'rtiisury when I liad the lioiiour to (ii>cus,s the subject with hini by desire of
Air. (I'rcsham, with reference to tlie instructions to tlie United States' naval officers in
Mny IHiJl, were llie follovsini;: —

That (lie masters of the sealini^-vessels should be protected from inquisitorial examina-
tion ; that no sealiiiL'-vessci should be t^eized by reason of the absence of n licence, or of
fishery implements iieiiit,' found on board ; that the United States' Naval Instructions as
to the mode of dcalint; with sealinif-vessels sliould be similar to the British Naval
Instructions; and that the naval oliiccr who exammcs a sealing-vessel shall leave a
certificate with the master for his protection against interference.

I would refiT you also to the Memorandum of arrangements agreed u])ori and
recorded in my note to Mr. Gresham of the lOth Mav, 18!J4, and in his reply of
the nth.

These provisions, which had special reference to the arrangements for scaling-up
arms in 18{)4, show the spirit in which the instructions for carrying out. the Award
were issued, and it is essential tliat an International Agreement involving questions
of so delicate a nature should he administered with mutual forbearance and modera-
tion.

Her Majesty's fiovcrnmcnt feel sure that it is not the intention or desire of the
United States' Cjovcrnment that men engaged in a perfectly legitimate occupation, who,
according to both Hritish and American reports, are most anxious to observe strictly
the Uegulations imposed for public reasons on that occupation, should be treated as if
they were continually engaged in trying to evade and break the law, and subjected to
unnecessary loss and trouble.

The right of searching British vessels was conferred on United States' officers on
the assumption that they would exercise their j)owers with the same consideration as
would in like circumstances be shown to such vessels by Her Majesty's naval officers,
and Her Majesty's Government have no doubt that when the matter is brought to the
notice of your Government, they will issue such orders as will put an end to inter-
ference with British vessels on the high seas which has given rise to so many complaints,
and which is not. warranted by the provisions of British law.

I have, &c.
(Signed) .JULIAN PAUNCEEOTE.

No. -'50.

Sir J. Paiincpfotr to thr Marquess of Salishuri/. — {Received April 13.)

My Lord, U'ashitirjton, April 2, 1890.

WITH reference to my despatch of the 23rd ultimo respecting the com-
plaint made of the proceedings of the United States' revenue-cutters in searching
and seizing British vessels witliout sufficient cause in Bchring Sea, I have the honour to
inform your Lordship tlmt I am in receipt of a note from the Secretary of State, dated
the ti.'ith ultimo, informing mc that the subject shall have the prompt consideration of
his Government.

I have, &c.
(Signed) JULIAN PAUNCEFOTE.

No. 37.

The Marquess of Salisbury to Sir J. Pauncefote.

(Tclegi-aiibic.) Foreiyii Office, April 17, 1890.

I HAVH received your despatch of the 12th ultimo. A reply to the following
efTect is being sent to you by this evening's mail : —

The representations of the United States' Government have been carefully consi-
dered by Her Majesty's Government, but no proof has ever been given that the mortality
of pups is to be ascribed to pelagic sealing, and, in the opinion of Her Majesty's
Government, the evidence docs not tend to show an imminent risk of the extermination

icers in

of the seals. The necessity is not cstablishctl for at once imposing increased rt'stric-
tions, and there would not now be time to givo effective notice of an alteration in the
Regulations.

The desire ot the United States' Government for all ncccssnry and i)r!ictic!ihlc
measures for preventing the destruction of tlio seals is fiillj !hiired hy Her Majesty's
Government, wlio propose to employ an additional LTuiser thin season on patrol duty.
Notice has been issued hy the Canadian (iovornmcnt that iiursini; females should be
distinguished from those which are barren in future Returns.

Her Majesty's Government propose to send a naturalist from England to reside
this season on the Pribyjoff Islands, and the Canadian Government likewise wish that
Mr. Macoun should go to continue his investigations, 'i'liese gentlemen should reach
the islands at an early date in June, and it is the hope of Her Majesty's Government
that the authorities of the United States will fiiciiitate and co-operate in their
mission.

It is suggested that it might be possible to arrange with the Company who lease
the catch to permit them to take passage by their steamer.

On this point your Excellency should make inquiry and report the result by
telegraph. The departure of the steamer from San Francisco takes place early
in May.

No. 38.

The Mnrquess of Salisbury to te'iV J. Paunrrfote.

Sir, Foreign Office, April 17, 1890.

I HAVE carefully considered, in communication with Her Majesty's Secretary for
the Colonies, your Excellency's despatch of the 12th ultimo, inclosing a copy of a
note from the United States' Secretary of State, in which Her Majesty's (government
are asked to agree to some further restriction on pelagic sealing in Behring Sea for the
coming season in view of the alleged imminent extermination of the seal hf^rd.

Mr. Olney's apprehensions on this head appear to be founded mainly on the fact
that by actual count 28,000 dead pups were found in the island last year, and on the
assumption that the deaths of these pups were the direct result of their mothers having
been killed at sea.

But, as your Excellency is aware from the exhaustive discussion of the (juestion in
the Report and Supplementary Report of the British Behring Sea Commissioners, it has
not been satisfactorily established that the mortality among the pups is caused by the
killing of seals at sea. The date, moreover, which the Arbitrators fixed for the opening
of Behring Sea pelagic scaling, and the radius within which sealing was prohil)iteil round
the Pribyloff Islands, were determined after full consideration to be sufficient to protecl
nursing lemales whose pups were not able to provide for themselves.

It should also be borne in mind that in the Behring Sea catch of IS'Jo tlic propor-
tion of males to females taken by Canadian sealers was about 45 per cent, of males
against 55 per cent, of females, although the returns of the American sealers in that sea
gave an average of three females to one male.

In the meantime the admitted fact that the seals at sea show no apparent diminution
in numbers, and that the sealers in the Behring Sea were able to make practically as
large catches last y^ar, as in the previous year, does not point to the imminent extermi-
nation of the seals.

The returns show that the Canadian sciiling-vesscls all kept well outside tlie OO-niile
radius, and as there seems little doubt that during the period when sealing is allowed in
Behring Sea the great bulk of the seals are inside that limit, the natural deduction is that
less than half the herd is at any time exposed to capture, and that the danger of exter-
mination by pelagic sealing must therefore be comparatively remote.

It is observed that on the islands 1 5,000 seals were killed last season as compared
with 16,000 in the season of 1894 ; but in the Reports which have been received on this
point, it is not stated whether any difficulty was experienced in obtaining that numi)cr of
skins nor from what class of seals the skins were taken.

Taking into account the catch on the islands, the whole catch from the Alaskan herd

was 71,300 in 1895 as compared with 71,71 <> in 1894, being only about iialf the total

catch taken in 18S9 and previous years ; and though it may be the case that a slaughter

of some 70,000 a-year is more than the herd can properly bear for a series of years,

[638] I

■.-i

H«!r Mb testy 'sGoveriimctit see no reason o bolie^e that it is so lar e as to threaten eariy
extcnniiiation.

The necossitv for tie immediate iiiM""-i<iin of i'ieren-»C(l -e triptions to take effect
during tin- coming season does not therelore appear to De establislied, ami if must he
borne in mind thnt at tliis late period it is no lon-rer possible to ^nve etfeetivo waniin^ of
any chany:^ in tiie Keirul;! lions to the lurpe numii-r of vessels wmeh have already cleared
for the Japan coast fishery, and wiiicli will, after tiiat is concluded, proceed to Behring
Sea for the oijoning of the tishery in Aupnst. The imposition ot restrictions without
due waminjr would cause great eonfiisio . and Imnisliip, and would undoubtedly give
rise to large claims for compensation on gronniis which could not with justice or reason
be disputed.

Hut Her Majesty's Oovornmcnt fully share the de«ire so stron:riy expressed by
Mr. Olney that all necessary and practicable tneasures should be taken to prevent the
possible extermination of tlie seals.

As a precaution for the strict observance of the Regulations prescribed by the
Tribunal of Aibitratiou, and now in force, Miey will ;;ive direction^ for llie employment
of an additional cruiser this season in ])oiicing tlie fisheries, although as far as they have
been able to judge, the force employed up to the | resent time lla^^ i)een siifficitjut.

In acconiiinee with the desiri! e.xpresscd In ,Mi ( >lne\ in ids note lo your
Kxcellency of tlie 0th February, they have r(!i)uested the Dominion (government to
issue H notice to tlie effect that the returns which tlic sealing-»'esaelB are retjuired to
furnish shall in future specify whicli of the females killed are barren ami which are in
milk, and a reply has been received from the Governor-General of Canada that this will
be done.

In order to investigate more completely the question of the neceHsitj of farther
restrictions in future years, they are desirous at once to take tie necessiiry steps for
conducting an independent inquiry on the Pribyloff Islands into tiue state of the herd by
an Agent sent from this country. This geutieman would be a naturalist possessed of the
necessary scientific qualifications, and care will be taken to select a person who will be
entirely free from bias in carrying out the mission intrusted to mm.

Tlic Canadian Government are also desirous oi sending .Mr Macoun again to the
islands this season in order to continue his investigations.

The iiritish Agt nt and Mr. Alacoun would arrive at the islands early in dune and
remain until towards the end of Septembei. and Her .\Ia.iesty s (iovernwient would be
glad if the United States' authorities would grant them ail ncees8ar\ facilities and
co-operate with them as iar as possible.

It has been suL-'ge-sted that arrangemeiui micrht perhaps he made with the Company
which leases the seal catch on the l*ril)yl«tt Wands to allow the British Agent and
Mr. .Macoun to proceed in their steamer as pa-ssengers ; ami 1 sliall be glad if inquires
can be made on this point. It is understood thor, the steamer leaves 8an Francisco next
month.

Your Excellency should address a note to Air. Olney in the sense of this despatch.

I am, &c.
(Sicned) SAIilSBURY.

No. 39.

Mr, Bayard to the Mnrquens ot i^aiwfntry.—( Received April '.^(i.)

My Lord, UnitcH Sitttns' Emoansy, London, April 18, 1896.

I IIAVI' the honour to inform your Lordsiii|) that, in iiiin|diaiii with a reque^l to
that etf( it made to my (iovernment, thrcnii:h ttie imperial lius.sian Ambasfiador at
Washington, I have been duly nisiriicU'ii lo co-oiieraie wiiii the Imperial Kiissian
Anibas.sador at tliis rnoita' in the neirotntions which. I a' "Men to unuarstand, have
hem initiated by his hxciileiuy with \oui Lipidslii|i lui llu t.Mensioii ot tlie Award ul
the 1 ribunal of Paris of August \Hi^■^, estalilishinj: Keuuiatajiih tor the takini; ot fu!-seal
in the waters ot Hehnuir Sea. the North I'acinc uceau, and i.iie Sea oi ( 'Klioish, and the
exjiansiuii ul the area within wbicii increased ptotseluiii to seal life is deairi d,. alike by the
(iovernments ot the United Htate^ and Hussuu. . .

I have, Stc.
(Signed) 'V. P. BAYAUD.

No. 40.
Sir J. Paunce/nte to the MurquesM of Snlishnry.

(Received April 23.)

i\ ii'shitigtoii, April '12. 1S96.

(Telptrrapliio

I HA\ K tliL- honour to iiitorin your _.onlslii|i, in nliTciicc to your t*'lei;raiii
nf rhc 17fli HiKtiint, that the desired |Hrinissiini will he ijranted by the United States'
Govermiieiit to the raiiitiliiiii orticml iind tli. KnLrii>li iiaturaii-i whom it is iiri'posed
to (lis|)atch to tht^ Pril)yh)ti IslaiuLs, and aii;iiicalioii will he niadc hy the United State*'
(lovernment to the Coinpaiiv lor steamer tuciiities.

No. 41.
ear J. Pauncefote to the Marques.s of Salisbury. — {Received April 24.)

My Lord, H'u.shington, April 14, 1896.

WITH reference to your Lordship's despatcli of the "2 1 st February last respecting
the sealini: season of 1895 and the proceedings of the United States' revenue-cruisers
ID searchinir and seizinir British vessels without sutficient cause, I imve the honour to
forward herewitli to your Lordshiji copy of a note which I have received from Mr. Olney
in reply to one which 1 addressed to liiin on this stihject.

The Secretary of Mate reviews at len;;th the coiiH)h«iiit inade in reirard to the
proceedings of the United Stntc--' revcnue-eriiisers in senrehing and seizing British scalini;-
vessels in I'lehring Sea and the North I'acilic.

Mr. OInev states that the protest as to the action of'an United States' reveiinc-ciitter
with regard to the schooners " W'ciistcr " and " Willard Aiiisworth " will receive curelui
investigation hy the Treasury Department.

The I. inn of ciearanec to lie i;ranted in the toturc hy the rcvenue-cmtter officers
stationed at the IslamI of Attou to !'iriii,>li si aiiniz-vessels will omit anv relerence to the
President '^ Proclamation or to the Icijislation of Coni^ress.

I have, &c.
(Sitmed) JULIAN PAUNCEFarB.

luclosure in No. 41.
Mr. (Hney to Hir ./. Pauncefote.

Exoellency, Dcpartinent of State, fVuahington, April 9, 1896.

YOUR note of the 19tii ultimo, prelerrmg, on behalf of Her Majesty's Uovcrninent,
certain compiaiuis in regaid to the proceedings of the United States' Revenue-cruisers in
searching and seiiuni; British seulinir-vessels in Behring Sea and the Nortii Pacific without,
it IS alleged, sufficient cause appearing therefor, heretofore acknowledged hy me on the
23tli ultimo, having been rtferied to the Secretary of the I'reasury for consideration, I am
Qow in receipt of Mr. ' arlisle"s reply, the substance of which I have the honour to embody
herein, as expressing the views ol this Government in rei;ard to the matter.

Three general grounds oi coni[)laiiits are specified in your communication concerning
the patrol hy the I reasury Department during the [lasl season ot the Nurtii Pacific (Jcl-hii
and Meliring Sea, under tlie Paris Award and the legislation enacted by (ireat Britain and
the United States lespictively. lor enlorcing the same. These complaints may he
sumiuurized as follows : —

1. That seizure of visseU or dieted offences were made by ofiiiers ol this Govern-
ment on evidence obviously lusuihcieut.

2. That tin; right of seari:li was cxeivised in cases where there was no just ground to
suspect tliat an offence had been comniitted.

t\. That tlie interleicnee ot T nited Stales' revenue-cullers in the operations ol British
sealmg-sehooiii IS vn.is v( xutisuii and inquisitorial.

As to the lirst ground ol 'omplaiiu — that Uritisli sealini;-»chooi",'rs were seized for
aliened offences on evidence obviously iiisiilHcient — it .ijp.'ais that three lirilish seahiig-
vesscls were seized l)\ Americau ciuiser.s duriiit; the past season, namely, the '• .>lielhy," u)
tlie Nortli Pauitic Ouu<ui, Ilth Mny, and ^he " l^e.iirice " and the " L. U. Marvin," on the

nam] 1 2

■it
n

1 "• » *

liOtli Aiiffust and 2i)(l Septeinbtr rcspectivelv in Hehring Sea. Of these vessels the
'• ^hclbv " w.us condL'iiii.cd by tbe British Court : thi' " E. B. Marvin " was acquitlcil, hut
without costs, thi- Court (lecidii)-^ that tiiere was najaauablc cause to believe tiiat she had
violati'd the law, and that tbe seizure, ihcrt'tore. wa.- ustifiahlc : and the " Beatrice " was
ricfiuitted on liie ground tiiat tlie failure ol llr- master td make the log entries ri'i|uircd by
the Paris Award was not a violation of tlio Beining Sea Award Act for which the vessel
eould be forfeited.

These facts, it is believed, will satisfactorily nidicaie tbe discretion and good juds^'inent
Klius\n by our revenue-cutter officers in maiiin'r rhcK saizures, and will demonstrate that
the evidence of j^uilt was not "obviously iiisutiicient.'

As to the second ^-round of coini)Uiint — tiint the.iiHiiit of search was resorted to when
no just suspicion existed that an oflence hadi been ld. n; ned — it appears that information
wa.-. received by the Treasurv Department tJiat dui: :e season of lb94 the law was
violated systematically by jiela^ic scalers, bv having suot-runs concealed on board of tbe
vcssds and usini; tbein in kdlinir seals in Behring ixa, ako that the log entries sliowing
the sex of seals kdlcd were systematically fak^ed.

Under sucli eireumstanecs, Commandinr otticers of revenue-vessels could satisfy their
suspicions only liy making a thorough seaicfi of the reading-vessels met with during the
pairol. It wonid plainly he almost impossible to delect a vessel actually in tbe act of
violating the law by killing seals in the closed season or iiy fire-arms in Behring Sea, It,
therefore, became necessary to iioanl the vosel, to break out the cargo, and to inspect the
the skins thorouirbly to ascertain whether iliey appeared to have been shot, if in Behrinf?
Sea, or whether they appeared to have been freshly killed, if in the closed season.

In view of the dissatisfaction e.vjjressed m the eommunicaiion of your Excclleucy, this
Goveriunent can only repeat the expression heretofore made of its deep regret, that the
Regulations for tbe season of 181)4, agreed upon by Great Britain and the United States,
as ttt sealing-up arms and equipments, could not have been continued during the season of
lh95. Those Riu'ulations provided a sim|)le and easy mode of satisfying the searching
otfieer that no brear'li of law had been or could have been committed. By sealing-up the
arms and eijiupmciits, much annovance, which would otherwise be inevitable, was avoided
both by the ti^astei' of the schooner and by the searching officer.

Inasmucti, however, as Her Majesty's (ioverim)ent refused to agree for the season of
1895 upon a contmuancc of tbe Regulations permitting this sealing-up of arms and
erjuipments, or, in fiict, upon any Regularuins, the only recourse lelt to the Treasury
Department was to order its ollicers in all cases to make careful and thorough search as
to iniractiona of tbe law, whether by the ine of contraband weapons or in forbidden
miaons.

in this connection it may be proper to stine that during the past season the masters
ol I wiiitv-eight British ves.sels at Unalaska wfifiked to the oiiieers of the Treasury Depart-
ment lo lia\e tiicir fire-arms sealed up, and fflcptessed great dissatisfaction at the refusal of
theae oiiieers to .ucede to tiieir retpiests.

As to the t u'd irround of complaint, iisai the oiiieers of tile patrol fleet had been
gmtttv of vexatii as ami iiuiuisitorial iiiterCtMKaue. it seems necessary only to renew the
ashucance Miat there was no iiiterlorence e.vuKpt a careful examination of the vessel and
cargo to ascerciii wiiet.her the skins were souf. or freshly killed, in violation of the Award
and tiUe Biitisit .\r.l of Parliament and Orsiars in Council. Jt is rcsjiectfully submitted
that the right t,) M^ize and detain vessels, giwsa lu the otTicers of the United Slates by the
Belmtaii' Sea iiiwiu.'d Act and the Orders :u Council, confers by necessary implication
the iiglit to seancit : and ii is further submittztd that the right of search thus implied is as
coiU{»iBtK 88 in tihe somewliat nnulo^uus case ot seurehing neutral vessels for contraband of
war. Umii the vessel is visited and searchecl. it cannot appear whether its purpose is legal
or illegal. \»^ielher it is licensed or unlicensed, whether, in short, it has violated the law or
obeyed it.

k. IS further claimed ni the commuiucatinn of your Kxeellency that seizures under the
Act oi Parliament can onlv be made in cofw" wiwre the British Act has bocn violated ; that
under ihe British Act a'Hi ■ (rders in Council tliei-e is no power ot' seizui't', merely becatjsc
of the |H>H>t .--^ion ;)f liirhidden sealing appaiaiiis .,iiiid implements.

ISorluiiv I- eontaiiuni in the instructions lo the rcvenue-i iitlcr othceis inconsistent
with this ciami. On the contrary, tluwe ottieer* have been <arefully instructed that the
power to rti/c Biiti»ili uessels is limitc:! to vniiitions of the British Act. and must be
exercised iinUir Uritisli ( Mtders in (.'ouncil. ff ttw officer has leasonablc cause to believe
that an otfencc lias been e'>niiiiittcti, be is autfiomaMl, as tliis (iovernment undei stands, to
seize the vessel under tlic iiritish law. To atieenutn wlulher or not an oflencc has been
tommitt'd, the officer tnust cxRininc the vcsael. for, otherwise, there could h'^ no seizure

biii

tlieir

except where the vessel is caught in the very act of violatin: the law, wliicli wciuld rarely
happen.

As to tlie refereiice in your communication to an agreement with the Secretary of the
Treasury in the year 1S!)4, that the instruction* to otiiccrs of the Unitpci States should he
similar to those given to the otficers of tiie Hrili^h navy, vour attention is invited to the
following extract from the instructions to British naval oliicers en^aijccl in the patrol for
the year 1894, transmitted to this Department by the Honourable \V. P. Roberts. The
letter of Mr. Koberts also incloses a copy of a letter from the Secretary of Rcar-Admiral
Stevenson, of the British navy, in which it is stated that the instructions for 18U5 were
precisely similar to those of 1894.

" If the vessel, which appears to be a scaliiig-vessel, is found in any waters in which
at the time hunting is prohibited, the ofhcer in command of !ler Majesty's ship should
ascertain whether she is there for the purpose of hunting, or whether she has hunted, or
whether she was carried through by stress of weather, or by mistake dtirinj; a fo^', or is
there in the ordinary course of navigation on her pa.ssage to any place. If he is satisfied
that the vessel has hunted contrary to the Act, he will seize her and order her to proceed
to a British port hereinafter mentioned ; but if the officer is of the opinion that no offence
liiis been committed, he should warn her, and keep her as far as he thinks necessary and is
practicable under supervision. He must judge from the presence of seal-skins or bodies of
seals on board, and otiier circumstances and indications, whether the vessel has been engaged
in hunting."

The above instructions plainly contemplate tiiat every ship overhauled by a cruiser
shall be carefully searched and examined for tiie purpose of ascertainiii!,' whether or not a
violation of the law has been committed. Althoui;h limited in terms to areas in which seal
hunting at the time is prohibited, yet clearly their spirit would seem to apply to scarclies
in Behring Sea, where seal hunting by fire-arms is at all tin;es prohibited. The right of
(search plainly implied by these instructions has, however, rarely, if ever, been exercised
by J3ritish cruisers, for the reason thai during the season of 18"J4, idt!iou;.'h the United
States' (Jovernment furnished twelve vessels for the patrolling fleet, at an exptnse, including
pay of oflicers, crews, and rations, of 198,554 dol. 49 c, only one patrolling vessel was
furnished by the British Government.

Furthermore, during the season of 189.'i, althouuih five United States' revenue-vessels
patrolled the Award area, at an expense of 09,0(54 dollars, only one, the " Pheasant," was
furnished ior the patrol by the British Government.

Furthermore, our official reports are to the effect that the " Pheasant " remained
almost constantly in Unalaska Harbour during the season when sealing was permitted in
Behring Sea, taking no part in the patrol.

The reference in the communication of your Excellency to the protest annexed to the
letter of Isaac A. Gould, owner of the schooner " Katherine," as to the action of a United
States' revenue- cutter with regard to the schooners " Webster " and " Willard Amswortii "
will receive most careful investigation by the Treasiiiy Department. It may also be added
that the form of clearance to be granted in the future by the revenue-cutter officers stationed
at the Island of Attou to British sealing-vessels will omit any reference to the President's
Proclamation or to the legislation of Congress.

I have, &c.
(Signed) BICHAllD OLNEY.

No. 42.

Sir J. Pauncefote to (he Xftiyqness of finlishury.—iRfcewfd April 30.)

("TcWraphic.) H'fj.«tAr'n(//on, April 30, 180(],

BEHRING SKA Regulations.

1 have communicated the substance of your LordshipV despatch of the 17th instant
to the United States' Government. I hey urge strongly that the Knglisli naturalist who
is selected to visit the Pribylotf Islands 8l;ould visit Washington b'jl'ore proceeding to
Alaska, in order to confer with the officials of the Treasury Department. It is thought
tliat his doing so would greatly promote the objects of iii^ mission.

No.48.

Sir J. Pauncefote to the MarqueiM of Salitbury.— (Received May 11.)

My lrf)rd IVashingtou, May 1, 1896.

WITH reference to >our Lordships despatch of the 17th ultimo respecting
the posHil)lc exterminatioi: of the fur-seal herd in Beliring Sea, 1 have the honour to
forward herewith to your Lordship copy of a note which I have received from the
Secretary of State, in which he states that the United States' Government welcome an
independent inquiry hythe liritish (iovernment into the present state of the herd, through
British and Canadian Agents.

Mr. Olney adds that tht United States' Government will grant all needful facilities
for their investigations, and suggests that the naturalist selected hy Her Majesty's
Goveminent shall come to Washington on his way to Alaska.

I have, &o.
(Signed) JULIAN PAUNCEFOTE.

Inolosure in No. 43.
Mr. Olney to Sir J. Pauncefote.

Excellency, Department of State. l\ ashington, April 29, 1896.

I HAVE the honour to acknowledge your favour of the 27th instant, being an
answer to my note of the 11th ultimo, wlierein is urged the adoption for the coming
season of further restrictions on pelagic sealing in Behring Sea, in view of what the
Government believes to be the demonstrated iinmiuent extermination of the fur-seal
herd .

Without at this time adducing any additional considerations in support of the
position taken by tlie Government, 1 hasten to say that it welcomes an independent
inquiry by tiie British Government into the present state of the fur-seal herd through the
British and Canadian Agents referred to in your note. They will be given all needful
facilities for their investigations by this Government, which will request the Korth
American Commercial Company to give iheni all convenient transportation facilities on
its steamers.

I venture also to suggest that if the naturalist selected by the British Government
should come to Washingtor. on his way to Alaska, and have a free and full Conference
with Assistant Secretary Handi.^ the objects of his mission would probably be greatly
promoted.

I have, &c.
(Signed) R. OLNEY.

.?.i

No. 1.4.
The Marquesa of Salinbury to Sir J. Pauncefote.

Sir, Foreign Office, May 13, 1896.

'I'HE request of the United States' Government that they should be represented by
counsel at I he trials of British sealing-vessels seized by United States' cruisers in
Behring Sea has received careful attention. Their proposal, as stated in your Excel-
lency's telegnim of the 23r(! September last, is acceptable to Her Majesty's Govern-
ment, who see no objection to the cases being watched by counsel on behalf of the
Government of the United States, aiul are wilHng that the counsel so employed should
be permitted to examine the pleadings and to make suggestions to the Government
counsel. Such suggestions should, however, he confined to the object of protecting
United States' interests, and eould not iie iidiuiued as regards the enforcement of the
Behring Sea Awani Act, the enforcement of that Act being the duty of Her Majesty's
Government.

Your Kxcellency is accordingly authorized to signify the iissent of Her Majesty's
Government to the United States' proposal, with the limitation spccitied above.

With reference to tli" sni,'ir<"ti<in pievjiu.sly made, tiiut the United States' Govern-
ment should be recognized as a party to the litigation, with a locu« standi before the

1896.
pspectirig
|()nour to
pom the
fcome an
. through

I facilities
[ajeaty's

POTE.

Cmirt. T have to state tlmt Her Mnjesty's r.ovornment wouliJ be iinahle to consent to
such an arntngonient in the oxistini; ciuiiinsti.nct-. The sittrntiun would l>o aiteuii if
the United States' Government .vore to enter into nv. Agreement to satisfy the judjfment
of the Court if the seizure sliouM hv h Id lo \u wn.nuful. They would then have »ti
interest in the result of the case, wliieli "ould make it reasonable that ihey should be
allowed in some form to takf> an active jmhi in tiic coiiduci of the pioceedinRs. The
olHcer who actually made the seizure miirht become formally responsible for the ( onduct
of the prosecution, and for any duma<res which the Court mi)j;lit award. II siich an
Agreement as to the payment of dama-jos could be nrranjrcd, and if the United States'
Government should be unwillint,' to consent \i> it merely on tlie terms ol l)ein;i alhmed to
watch the case and make su^'fiestiims, it mi-i it perhaps be carried out by allowing: tliem
to emph)y solicitors and counsel to conduct the prosecution of the suit in the name of the
Crown. Tills would insure that the United States' casi would he presented to the Court,
not only adeqimtely, as at present, but in a manner consonant with tlieir special views in
each particular instance.

I have to request your Kxceliency to ascertain the wishes of the United States'
Government in this matter.

In the course of your communications you might sound the United States' (iovern-
ment as to the proposal whicli has been niaik; tliat an International Court should be
established for dealing with claims arising out of the action of the otHcers intrusted with
the enforcement of the laws enacted by the Legislatures of the two countries tor giving
eflfect to the Award.

I am, &c.
(Signed) SALISBURY.

No. 46.

Sir J. Pauncefote to the Marquess of Salisbury. — {Received May l4.)

My Lord, . IVashinyton, May T), 1896.

ON receipt of your Lordship's despatch of the )7th ultimo, I addressed a note
to the United States' Secretary of State (dated the '-''th) explaining in the terms
of your Lordship's despatch the views of Her .Majesty's Government on the supposed
danger to which, as affirmed by Mr. Olney in his note ot the llth March last
(inclosed in my despatch of the I2tli March), the fur-seal herd in Behring Sea is
exposed by reason of the increasing slaughter of female seals in milk in the vicinity
of the I'ribyloli' Islands, tiiough outside the radius prescribed by the Paris .\«ard.

I have, &c.
(Signed) JULIAN I'AUNCEFUTE.

No. 46.

7%« Marquess of Salisbury to Mr. Hayard.

Your Excellency. Foreign Office, Mny 14 , 1896.

1 HAVE the honour to acknowledge the receipt of your uote of the 18th ultimo,
respecting the question of extending the Seal Kisbery Regulations embodied in tiie \ward
ol the Pari* Arbitration Tribunal to the western side of the North Pacific.

I er Majesty's Government wish to dispatch an Afent — a properly ({uahfied naturalist
— to the ComiiiuiKier Ulunds duiiug the uppruuchiiig >easou lo observe tht- coutiitiuiis ot
seal life there, and to collect intorination as to the working of the existing arrangement
with Russia, and they propose to apply to the Russian Government with a view to the
local authorities being instructed to aitord all nccessar, lacilities and to co-operate with
him ill carrying out the object td his mission.

Pending the receipt ot the Report which the Agent will be instructed to furnish Her
Majesty's Government will not be in a position to enter upon iiegutiutions.

I have, &o.
(Signed) SALISBURY.

(TflcRraphic.)
" EFr"

No. 47.

The Maiqiiess of Salinhury to Sir J. Pnitncefoti:

Forehjn Office. May 16, 1896.

REFERRING to your telegram of the 30th ultimo :
Instructions will be given to the Agent selected to visit the Pribyloff Islands to
proceed by way of Washington, aa requested by the United States' Government.

No. 48.
Sir J. Pauncefote to the Marquess of Salisbury. — (Received May 18.)

My Jionl, Washington, May 6, 1896.

I HAVE the honour to transmit to your Lordship herewith copy of a note which I
have received from the United States' Secretary of State, in further reply to the note
which, as reported to your Lordship in my despatch of the 23rd March last, I
addressed to him on the 19th of that month in regard to the action of United States'
cruisers engaged in patrolling the waters of Behring Sea during the past sealing season.

Mr. Olney in that further note refers to "the affidavit of I. A. Gould to the effect
that a United States' revenue-cutter last year failed to seize two American sealing-
schooners which were within the prohibited zone of the Pribyloff Islands," and he adds
that the above statement has been specifically denied by each of the American officers in
charge of the patrolling cruisers.

In acknowledging Mr. OIney's note, I have pointed out to him that the charge was
made, not by 1. A. Gould, but by Captain Folger, of the American schooner " Webster,"
whose statement is merely quoted in the affidavit of Gould.

I have, &c.
(Signed) JULIAN PAUNCEFOTE.

Inclosure in No. 48.

Mr. Olney to Sir J. Pauncefote.

Excollcncy, Department of State, Washington, May 2, ''.896.

REFERRING to that part of your note of the 19th March last which relates to the
affidavit of I, A. Gould, to the effect that a United States' revenue-cutler last year failed
to seize two American sealing-schoonera which were within the prohibited zone of the
Pribylofl Islands, 1 have the honour to state that the Department has received a letter
from the Actiilg Secretary of the Treasury, in which he says tiiat the American officers in
charge of the patrolling vessels were furnished with a copy of this statement, and reports
have been received from each of them denying specifically the charge in question.

I have, &c.
(Signed) RICHARD OLNEY.

No. 49.

Sir J. Pauncefote to the Marquess of Salisbury. — {Received May 18.)

My Iiord, Washington, May 8, 1896.

IN my despatch of the 6th instant I hud the honour to report to your Lordshij)
that I had addressed a note to the United States' SecrLtary of State, einl)odjinj; the
terms of your Lordship's despatch of the I7lh ultimo, setting forth the views of Her
Majesty's Government on the subject of the danger to which it is alleged by the United
States' Government that the fur-seal herd in Rehring Seu is exposed by reason of the
iiKiTiise of pelagic scaling and of the slaughter of female seals in milk.

1 have now the honour to inclose copy of Mr. OIney's reply, from which it appears
tliat the oecuraey of the facts stated in my note, and of the conclusions drawn therefrom,

is challenged by the United States' Secretary of the Treasury, in whose Department the
subject of the seal fisheries is specially dealt with.

I have, &c.
(Signed) JULIAN PAUNCEFOTE.

Inclosure iu No. 19.
Mr. Olney to Sir J. Paunce/ote.

Excellency, Department of State, fVashington, May 7, 1896.

HAVING sent to the Honourable the Secretary of the Treasury copy of your note to
me of the 27th April last, I am now in receipt of a letter from the Secretary, from which
the following extracts are taken : —

" In the note of the British Ambassador it is stated that the whole catch taken from
the Alaskan herd, including the land catch on the Pribyloff Islands for the years 1894 and
1895 was 71,716 and 71,800 respectively. While this statement is substantially correct
for the year 1895, it would appear that in the year 1894 a larger number was taken,
namely, 76,871—61,838 at sea, and 15,033 on the islands.

" The further statement is made in said letter that the fur-seals show no apparent
diminution in numbers, and attention is called to the fact that the seulin^-vcssels in
Behrin^ Sea made practically as large catches during the season of 1895 us in that of 1894,
which fact the Ambassador contends does not point to the immediate extermination of the
fur-seal herd. The fact, however, that the seals on the islands have decreased at least
one-half since 1890 would seem to answer this claim. A further answer will also be found
in the Report of the Secretary of the Treasury for 189j on p. ce, wherein it appears that
the average catch per vessel on the north-west coast fell oiF 57 per cent, in 1895 as
compared with 1894, while the average catch in Behring Sea fell off 12 per cent, as
compared with 1894. At the same time, while the percentage of females killed in Behring
Sea were the same for British vessels in 1894 and 1895, there was an increase from 69 to
73 per cent, for American vessels in 1895. That the seal catch is maintained at the Hgums
cited is because of the fact that Behring Sea is a nursery fur the herd while it is on the
islands, and of the fui-ther fact that the seals can be killed easier while in Behring Scu than
when travelling off the Pacific Coast towards the islands.

"The statement of the Ambassador that the total lai.d and sea catch from tha Alaskan
herd iu 1895 was only about one-half of what the satne was in 1889 would seem to be a
further convincing argument as to the decrease in the seal herd. In this connection
I would state that in 1889 the catch on land and sea was about 132,000, of wiiich 102,000
were taken on the Pribyloff Islands and 30,000 at sea, the pelagic catch being about 22 per
cent, of the total. In 1895, on the other hand, the pelagic satch — .')6,2!>1 — had increased
to 78 per cent, of the total — 71,291. From 1880 to 1 895 the pelagic catch increased from
about 8,000 to 56,000, or 600 per cent., while the Pribyloff Island catch decreased from
106,000 to 15,000, or 86 per cent.

" It is stated also in said letter that it would now be too late to give effective warning
of '•ny change in the Regulations, and that vessels which have cleared already for the
Ja^'onese coast would be seriously injured by any ciiange at this late date. I have the
honour, however, to call your attention to the fact that the modus vivendi of 1891 was
Agreed upon as late as the 15th June."

I have, &c
' . (Signed) RICHARD OLNEY.

... I No. 50.

The Marquess oj Salisbury to Sir J. Paunce/ote.

8frj • -• Foreiyn OJice, May 21, ism.

WITH reference to the note' from Mr. Olney, of which a copy was inclosed in your
despatch of the Hlh April, I have to state that the reply of the United States'
Government to the complaints against the action of their revenue-cruisers in Behring
Sea does not remove the impression that, during the Kenling season of 1895, British
vessels were repeatedly overhauled without sutficicnt cauic, and, although Her Majesty's
Government have no desire to prolong the correspondence on this subject, there are
certain points in Mr. Olne^'s note on nliich it seems necessary to make some comment.
[038j K

\i !

Her Majesty's Government have now learnt for the first time of the report wbiell
reached the United States' Treasury Department that the law had been systematically
violated in ISOi hy the use of fire-arms in Behring Sea, and by the making of false
entries in the logs as to the sex of the seals which were killed. The first part of that
report is scarcely consistent with the fact that British vessels showed such readiness to
have their arms scaled up in 1894, and again in 1896.

The United States Government are, moreover, well aware that Her Majesty's
Government only refused to renew the agreement for the sealing-up of arms in 1895,
because it had not alfordcd to British vessels the immunity from search which had been
expected to result from the oliscrvance of its provisions.

It should also be remembered that those vessels which cleared from British
Columbia direct for Behring Sea were furnished with certificates that they had no arms
on board, and that, in the great majority of cases, they were manned with only Indian
spearmen as hunters.

If these circumstances were not considered conclusive by the United States' Revenue
officers, a single search would have sufiiccd to settle the matter, and also to verify the
accuracy of the entries in the log-books.

Her Majesty's Government are unable to accept Mr. Olney's views in regard to the
right of search. In the absence of circumstances warranting suspicion, the sealing-
vessels are entitled to ho exempt from executive interference, and the British Act of
Parliament and Orders in Council do not give any general right of indiscriminate search
for the purpose of discovering whether an offence has been committed.

It may be presumed, however, that the United States' authorities have now con-
vinced themselves that the masters of British sealing-vessels do not systematically
violate the law, and that they have done their best to act in conformity with the existing
Regulations.

I have to request your Excellency to communicate the foregoing remarks to
Mr. Olncy, and to say that Her Majesty's Government trust that the right of (icarching
British vessels, conferred on United States' naval officers by Imperial Legislation, will
be exercised with the discrimination requisite in using so exceptional a ]>owcr.

I am, &c.
(Signed) SALISBURY. '

h i

y. • No. 51. . . .:

I, Colonial Office to Foreign Office. — (Received May 23.) . j

Sir, Downing Street, May 23, 1896.

"WITH reference to previous correspondence respecting the proceedings of the
United States' cruisers to Behring Sea last year, I am directed by Mr. Secretary
Chamberlain to transmit to you, to be laid before the Marquess of Salisbury, a copy
of a despatch and its inclosures from the Governor-General of Canada reporting the
arrangements which the sealers operating on the Japanese coast propose to make to
avoid taking arms and ammunition with them into Behring Sea, where the use of fire-
arms in killing seals is prohibited by the Regulations cf the Arbitration Tribunal.

As the vessels entering Behring Sea direct from Canada are furnished with ajcer-
tificate that they have no fire-arms or ammunition on board, it appears to Mr. Chamberlain
that these arrangements will render any renewal of the Agreement for the sealing-up of
arms unnecessary, and he would suggest that their purport should be communicated to
the United States' Government.

I am, &c.
(Signed) JOHN BRAMSTON.

Inclosure 1 in No. 51.

The Earl of Aberdeen to Mr. Chamberlain. "^ ■• * .i....;

Sir, Oovernment House, Ottawa, April 13, 1896. -

WITH reference to my despatch of the 5th February last, I have the honour to

forward copy of an approved Minute of the Privy Council submitting a Report of

the Minister of Marine and Fisheries, in which he discusses the question of the alleged

dissatisfaction ot the sealers with the failure to reaew the Agreement for sealing^up of
arms.

You will observe that it is stated that the sealera themselves have made arrangements
to have their arms shipped to Victoria from Japanese ports before leaving Japanese waters
for Bebring Sea.

I hare, &c.
(Signed) ABERDEEN.

' Inclosure 2 in No. 51.

Extract from a Report of the Committee of the Honourable the Privy Council, approved
by the Governor-General on the 1st April, 1890.

THE Committee of the Privy Council have had under consideration the annexed
Report, dated the 18th March, 1896, from the Minister of Marine and Fisheries, with
reference to the Report of Captain Hooper, of the United States' revenue-cutter " Rush,"
alleging dissatisfaction by British sealers because Her Majesty's Government had not
agreed to a renewal with the United States' Government of the arrangement reached in
1894 for the placing of sealing implements under seal.

The Committee, concurring in the said Report, advise that your Excellency be moved
to forward a copy thereof to the Right Honourable the Principal Secretary of State for
the Colonics.

AD which is respectfully submitted for vour Excellencv's approval.

(Signed) JOHN J. McGEE,

Clerk of the Privy Council,

Inclosure 3 in No. 51.

. , ,, • • Marine and Fisheries, Canada,

Ottawa, March 18, 1896.
To his Excellency the Governor-General in Council :

THE Undersigned has the honour to revert to a despatch from the Secretary of
State for the Colonies, covering an extract from a Report* of Captain Hooper, of the
United States' revenue-cutter " Rush," alleging dissatisfaction by British sealers, that Her
Majesty's Government had not agreed to a renewal with the United States' Government,
of the arrangement reached in 1 894 for the placing of sealing implements under seal.

Your Excellency will recall that this despatch was dealt with in a Report of the
Undersigned, embodied in an approved Minute of Council of the 27th January last, after
he had caused inquiries to be made of the sealers, through the Collector of Customs at
Victoria, touching the statements in the extract.

The result of such inquiry is fully explained in the Minute of Council above cited,
and the objections of your Excellency's Government to the expedient reviewed at con-
siderable length.

It was said, whether the circumstances and conditions of the case, as develoiied by
the events of 1895, would tend to change the views of Her Majesty's Government on the
point was not known ; l)ut, notwithstanding the forced acquiescence of the sealers, the
conclusion could not be avoided that the reasons existing against the measure, in the 6rst
instance, retained their full force, and must be greatly supplemented in respect of my
obligatory arrangement which may be proposed.

The Minute of Council added : —

"If no other alternative remains for the sealers to avoid seizure under the circum*
stances, the question of waiving the principle may become expedient ; but it would seem
that some means might be devised by them, where such large interests arc involved,
whereby their guns could either be transferred and sent home, or left in custody at some
rendezvous, until their operations in Bebring Sea were concluded.

" Such a course might change the appearance of necessity for an arrangement for a
practical extension of the Award restrictions, out of which may grow other, perhaps more
objectionable, expedients.

" It will not be forgotten that last season only eight of the Canadian sealing fleet
could have availed themselves of an Agreement for sealing-up of arms prior to entering

[638]

* Sec Iiicloiur* 9 in No. »7.

' '66

Belring Sen had such existed, since only that number operating therein were possessed of
firC'Orms and those conditions were practically identical in respect of the year I^Ol-

" The Undersigned further ventures the opinion that the danger to seal life is not
sufficiently great, nor is due protection of the seals of such paramount importance as to
warrant a proposal which would dfjjrive sealing skippers of revolvers for their personal
protection, or their signal guns for recalling tlieir men in these remote regions.

"The Undersigned would further report that he has caused instructions to be issued
that the sealers should agajn be consulted as to any means which they may be able to
devise in the direction above indicated which may render unnecessary the further pressing
of the suggestion that an agreement for the sealing-up of arms prior to entering Bchring
Sea should bo reached."

The Undersigned would observe that for this purpose he addressed the appended
communication to the Collector of Customs at Victoria, explanatory of the position
of your Kxccllency's (Jovernnicnt in this connection, and requesting before final action
that an attempt should be made to obtain the views of the interested imrties on the
proposal.

The Undersigned has now the honour to report, for the information of your Excel-
lency, that he has received in reply from the Collector of Customs two communicfitions,
dated respectively the lOth and ISth February, 189C.

In the communication forming Appendix II, the Collector .says: —

" In compliance with your directions to further consult the owners and masters of
scaling-vessels as to whether some means cannot he devised by them whereby their guns
could either be transferiid nnd sent home, or left in custody at some rendezvous until their
operations in Behring Sea were concluded.

" I am pleased to iiiConn you that I have seen the greater number of the owners
and several of the musters, and i have made, I think, nearly complete arrangements
whereby your wishes will be carried out, j)articularly in regard to twenty-eight
vessels which are now on their way to .Japanese waters, and have fire-arms on board,
and which are likely to proceed to Behring Sea after the sealing season is finished on
the Japan coast.

" 1 have arranged with Captain Cox, who is a representative owner of sealing-
vessels, owning himself eight, and the authorized agent for nearly the whole of the
other vessels on the Asiatic side, and who bus already gone on the last steamer to
Yokohama to look after the welfare of the vessels with which he is intrusted, to ship and
return all tlic fire-arms from Hakodate by steamer to this port at the risk and the expense
of the owners."

He then explains that after lengthy interviews with Captain Cox he fully appreciates
the position, and he feels sure that the arrangement will be faithfully carried out ; while
regarding any vessels which proceed to the neighbourhood of the Komandorsky Islands
endeavours will be mjidc to liave their arms transferred to some homeward-bound vessel,
or to have them left at some rendezvous until their operations in Behring Sea are
concluded.

In the supplementary letter, forming Appendix III to this Report, the Collector, in
referring to the alleged canvass of the British sealers made by Captain Hooper touching
the point as to the desirability of having their arms scaled prior to entering Behring Sea,
shows, as pointed out in the Minute of Council previously cited, that the canvass could
only h:ive applied to eight vessels in all, and that many of the sealers denied that they had
been so canvassed.

Tiie Undersigned recommends that your Excellency be moved to forward a copy of
this Report, if approved, together with its Appendices, to the Right Honourable the
Priucipal Secretary of State for the Colonies, in continuation of the Report and Appendices
embodied in the approved Minute of Council of the *27th January, 1896.

Kespectfullv submiticd,
\ • »' ' • . '•' (Signed)* JOHN COSTIGAN,

<' ' '• — _ ' • • Minister of Marine and Fiihcrien.

J. 'ii, . vi 1 1 • . I i.i; •.

I.; ».

I'iS

<■' »

iscd of

IS not

as to

ersonal

vxcel-
itions.

AlM-EXblX 1.

^Ir, ' [I •MieJ.]

I HAVE to revert to your kttir of tin- I'.ili nltiinc. in rejily to !\ I>r|artiii. iitiil .uniiiiniii-
cation of tlio 24tli October last, on tin- suljtct of ili.. stiiliii'.'-ui. of tliu imi'li :ii.iits of the stilling'
fl.rt.

TliP nttitudi; of tlic pealcr-!, in tliis r('S]H'i.L, as pitlicroil fmiu your couiniunicatiou. i.-i undfrstcx"! to
tx' as follows: —

That wiiili' tlicy nt (IrRt stronirly pictcst apaiu'^t tin' ariali;,'iincnt f. . tlii' si'iiliu,' of :irms. tlw
.vents aliil cxiMiifnco of tin. jmst ."fasoii have iiiiliU'.d t'leni to c'lian;.'e tliiir vi.ws on tlie sul^jcct, and
after dili^'iiil inijniry aiunu',' tin- 'wneis and mastei-i of sealin'_'-\esseU, wlietlui- tin y desire t.. have
their linns sealed up, to jirevent ii terrujitiou jind sii/nre, vi.ii met uith the re] ly that tlu'V 'id 8f>
desire, so far as tin I'.elirin^' Sea voia^-e was eoiieerueil, lait n.it at any ..tlicr time.

The PX]il-'nation ofl'ered Ipein;.', tiiat a ntnnlHi- of seal-kin-: Wire'hist year seeiind in lieiirin^' Si;;
outside the lil)-nule zone, with shntdiules in them, whi. h uould be, and hail l"eii, i lainud bv the
I'nited States' nnili ities, as sutlieient lea-nu fur seizure if the vessel iKissessin;.' them, and haviiij;
unsealed lire-arms ^ n lioard.

The ]iositi(in amounted to the dan!.;cr nf fiK in.; financial rniii, or liavin;^' their i;>'iis sealed, wbicli
latter exju'ilient they coneeivt d windd janlMlily le>-en iheir ( hnnecs of seizure.

You will, of course, observe from th' inelosiiiv to the leller of the 24lli (ictuber ISO'i. thai the
.sealer.? arc uiaile to n]i]irar rather to regret the aetii'n i^f IbT Majesty's (ioviuinieni on relusin;,' to
agree tu a renewal of the ;irran;iement U>r the sealin'_'-uii of arms, and ( luisideialde >tress i< lai^l ii]ioii
the ii..'ii!ent, that when lliey aiijilieii to have their amis sealed, and were refused l.ir want ol antlciity,
their seeminj,' embarrassment wa-; mil liedly uttrilaiteil to the taet that lb i Xl.ij.-iy's (lovernnuiit had
not sanetioiicd the renewal of the e.\indi"iit of tlie ]'rcvioiis year.

This jKisitioii is enlindy erroiieniis. since the .\;,'ieement for the S' Iin^-u|> of nrniR, which
provided the only aiitlioiity (iieat {'..itaiti has ever "iveii in that ilireetioii, v. .is ec.ntined .-ilidy in its
ajildication to ves.stds traveisin- tin' area afTected by the .\ward durin;^ the ebise sr i-nn, and had no
refevenee whatever to riehriii;^ Sea, inasmuch as those waters are not, under the new c .indilions of the
industry, enterecl by the sealers until the close .season has ex)iire(l.

Therefore, even in 1S'J4, when the A;,'iecnient was in lull force, the I'nited States' olh' i.ils liaci
no aulliiu'itj' to .seal the imidements of I'.ritisli sealers*, which entered liehriii',' Sen, on and alter the
1st August.

The conditicjiis, therefore, in that yi'ar in no way differed from those of l.SO.'i.

Arcordini,' to Caiitain Hoofiei's .statement, all the " vessels from iln-ir home ports were without
guns ;" and, aecordini^ to ynur Report, only eij,'lit vessels which entered Hehring Sea liacl tin'-arins on
board, these bein^ those which came from tiie Asiatic side.

Yet none of the other vessels, which had no tire-arms, were exempt fimn i oll^tant boardini;, search,
and overliaiiliiiL: of seal-skin.s.

The voluntary nature id' the tirst Agreement for the sealiiig-up of anus, was, tbroueh the incidents
of the " Wandeter " and " Favourite," proved to have been a failure, and Her Maji^ity's (iovernnient
were induced to dis((intiiiue it beiause it liiid not provided that protection aoaiiist unneeessar v inter-
ference which osteiisilily it was de>i';ned to ilo.

Any arratigement of an obli'^atoiy nature which may ;,'row out of the jne-cnt featur" of the rase
must neees.sarily. it seems, seriously aHiet every sealiie,' \i ssel loiiml in the North I'ai itic (Iccan east ol
the ISOtli meridian, between the 1st May and tlie :'.lst .Inly; and in lleining Sea between the
l.st Au.uust and the end of the >ea.soii, whosi' liie-ainis and .spears mi the one hc.iid.and whose tire-anns
on tlie other hand, had nut already been .eaied when met l)y a cruiser.

I do not regard it imce.ssary to di'icn>s fully in tins letter the details of the idijeetions in
principle which obtain to any arrangement virtually extending the nstrietions of the Award ; but
I have brielly stated the above features to enable you to etleclively disi uss the i|uestion with
.sealers.

(Jcnernlly s])eaking, the same giocnds as prev iou-^ly existed to the expedient, and which opomted
to convince Her Jlijesty's (ioveiiimeiit of its unadvisabilily, aie as forcible as they ever were.

It is scarcely to be conceded that because cireiiinstances can combine to coer<'e the sealers, through
fear of unwanimted and disastrous inter'.ereiice, to avail themselves of the only remedy offered them
by the United States' authurities. thi.s is a fair ami reasonable condition of the industry, as vindicated
by the Award.

No such .surrender of right, ho.vcver expedient, ought, it seems, to be necessary.

Should it apjiear that there is no alternative than a forced waivi-r of right and principle, the
danger of the sealer might possibly suggest such reliniiuishinent ; but while the position of the
sealers, with extended comments, had been communicated to Her Majesty's (oivernment, I should
like you, before tinal action is taken, to further con.sult the owners and masters of .sea ling- vess(ds as to
whether sonic means cannot be devised by them wliereby their guns could either be transferred ami
sent home, or left in custody at some reiulezvuus, until their operatioii.s in the Jtehring Sea were
concluded.

Such a course might change the appearance of the necessity for an arrangement admitting n
practical extension of the Award restrictions, out of which may gr a\ other and p^ iliaj)s nion-
objectionable expedients.

I should be obliged by as early a i-eply as possible. ^

Youre truly,

111?/ • .k J

APPENDIX 2.

Cttitomt, Canada, X'ietoria, Jiriliih Columbui,
Sir, Ffliriiary 10, l»;t6.

I have tlie honour to acknowleilj^u the receipt of your letter of the I'Otli uUiuio, revertiiiK' to my
letter of the tith DeciiiilMr lust, on tlie siihjnct of the seiilin<;-ui> of tlie iniiilenienU of the sealing ilect.
iu wliich 1 enleavoured to ^^ive the nttititde taken liy the .seiihrs in this resiiect.

I Ikv to diiv that I Imvi' carefully consiihreil your letter, in connection with tlic inclo.snru to the
letter of the -'tih OcIoImt, 1805, in which the se.ilers are niaile to njipear rather to lejrret the action
of Iler Majesty's rioveninient in nTusin^ to a;.'ree to a renewal of the aiTanKenient for tlie Mealinjj-up
of arms, ami tliat when liiey applieil to liave their arms sealed uji liy tlie American officers at Dutcii
llarlxnir, their seemiiin einharrassment was nttrihufed to the fact tint Iljr iMajenty's Government had
not sanctioned the renewal of the exjiedient of tlie [irevious year.

I liave iiiti-rviewed nearly all the masters wlm were in IJeiirinj; Sea last year, and I could only
cnrae to tlie conclusion tlint the stat«'ment made hy Caiilaiii Hooper is erroneous, as all the vessels
that entered IJehrili;; Sea from this jHjrl liad only s])ears. and tliat liavinv; reached Dutch Harlsiur from
their home port williout lire-arms, there wiw no necessity for them to have any iiitervit^w, or i-equest

any favour, from the American officers, or to jjive any expression of dissatisfacti as tliey would

procee<l on the 1st Au).'ust fi-om there to the senlin>{-)irouiids in Ueliriiij^ Sea, as tliosc waters, under
the new conditions of tiie industry, not lieing entered liy the seah-rs until the close season had
expired.

The sealers are jierfectly cognizant that the only authority Great nritain ever sanctioned in the
sealin<;-uii of arms was for the year 1894, and was confined solely in its application to vessels traversing
the area affected liy the Awanl during tlie close season.

1 am imiiressed from what I have heard that while the soaling-vessels wore at Dutch Harbour,
just before proceeding to the sealing-grounds, statements were made by the American officers that the
United States' patrol fleet would take every advantage of the fact that they had arms on board,
knowing tliat many scliooners might be found with some seal-skins with shot-holes in them, and
which it would Ik,' very hard for the unfortunate sealers to disprove having shot them ; i)i any case the
patrol-vessel would no doubt allege that they had justitiable grounds for sending them back to this
port for adjudication.

The menacing attitude of the American officers as to the rigidity with whii'h they intended
to carry out the patrol, had become well known amongst the sealing fleet, and no doubt at this
]iarticular time at lliitch Harbour Cajitain Hoojier might have found our sealers in a frame of mind
disjMised to accept any reasonable jiroposition to avert the danger of interruption, seizure, and probable
financial disaster.

It apjiears to me that Captain Hooper, in making a canvass of the British .sealers at Dutch
HarlnMir to ascertain how many weiv in favour of having their arms .secured under seal, and which,
he says, was found to lie unanimous, certainly did not intend to all'ord any relief to the anxiety of our
iM?a1ers ; but it was evidently for the purpose of impressing them that the contention of the Amcricau
Government was correct as to the sealing-up of arms, and so endeavour to throw the responsibility of
seizures upon the Mrili.sli (iovcrnuient and to furnish the United States' authorities with a greet lever
by the alleged admission of the scald's that the sealing-up of arms provided the only safeguard, and
might give grounds for the necessity for its extension to other parts of the North Pacific Ocean during
the close season.

Iteferriiig to my letter of the Gth December last, when I stated that I had interviewed the masters
of sealing-vessels on their return as to the sealing-up of arms, and that they had replied that they were
iu favour of having them sealed >n IJehring Sea, I have now to qualify that statement and say, that I
have had further convc^rsatiou with the greater number of masters of sealing-vessels, including .some
who were not at Dutch Harlwur, who say that they loyally support our Goveiument in conserving our
rights in the seal tisheries, and that in the past it has only been under th.vateued danger that they
would concede to ad(>pt any course contrary to the wishes of the British <Jovernraent, and are aware
that any arrangement of an obligatory natui-e which might grow out of the temporary expedient of
sealing-up of arms would seriously affect every sealing-vessel found in the North Pacific Ocean east of
the 180th meridian during the close season.

In compliance witli your direction to further consult the owners and mastei's of sealing-vessels
as to whether some means cannot be devised by them whereby their guns could either be tnmsferred
and sent honie, or left in custody at some rendezvous until their operations in the Behring Sea were
concluded, I am plea8e<l to inform you that I have seen the greater number of the owners and several
of the masters, and 1 have nmde, I think, nwirly complete arrangements whereby your wishes will be
carried out, particularly in regard to twenty-eight vessels wliich are now on their way tt) Japanese
waters, and luive tiie-arms on board, ond which are likely to pi-ocecd lo Behriug Sea after the Sfioling
season is tinished on the Ja|)an coast,

I have armiiged with Captain Cox, who is a representative owner of sealing-vessels — owning
himself eight, and the autliorized agent for nearly the whole of the other vessels on the Asiatic side,
and who has ali-eady gone on the last steamer to Yokohama to look after tlie welfare of the vessels
with which he is intrusted, to ship and return all the fire-arms from Hakodate by steamer to this port
ut the risk and exjHMise of the owners.

Having had lengthy interviews with Captain Cox before leaving on the subject of the return of
fire-arms, he fully understands the situation, and I am sure he will faithfully carry out my instructions,
and in regard to tho.sc vessels which may proceed to the neighbourhood of Copper Island be will

dittici

ll(.n.

till),' to my
ea]iii>,' ll(.ct.

I'mlfiivdiir to liiivc! tlicir arms transfiTred tn gome othflr vi-sscl Iwunil Lome, or havo them left at somo
ri'iiclfzvniis until their n])i.r;iti<iiis in Hcliriu',' Si,, .in- iMinrliidfd.

As t.) tlic twonfy-throe v.sm-Is .s.ulnii,' ..n tins sidf nf the I'mitic, thov will nil return li. n- in May
to pnivision and outtit for tlio voyau'c to It.'hrin'^'Sea, .md I will tiik«' evt-ry |.ni;iuti>iu und i'Hj.mm ujk.u
thfUi that lin-arms nf any df.scriptiun will ma !,(■ ii,rMiiitfd uml. i uny i(m>idcratic.n.

I hhall endeavour to laithfidly i arry .mi v.mr witihew, and I IWI a'ssured that I >liall uvereomo ths
ditliiulty ol' sealin'.'-ui) of arms during Ib'JG.

I havi', &c.
, , , (Signed) A. i;. MIl.NE, CvlUctor.

UdnournMo John CoHfiyan,

MinJutL-r ut Marinu uud FiehtrieH, Ottawa. • .

I'uuld only
the vhsspIs
hour from
ir iivjucst
hoy Would
'ers, under
ieiwoii )iad

APPENDIX 3. > '

Cuftomt, Canada, Mdnrin, Hriiith Colunibia.
Sir, Ft/'riitini 1."). IM'.IC.

I have llio honour to rtvi rt to my letter of the 10th instant, in whi<h" I may not have niado it
sunicieiilly eirar, in re<,'aril to tiie letter of the CoMunis^ioner of the 24th ( IctoKer last, and the l;i|)ort
of taptain Hooper, 'iiiit hi- had made a eanvasiof Itrili.sh sealers at l)uteh Harhour, ami that they were
unanimous in fav.jur of havini; their arm-t sealed up.

Tn this my intention was dearly to .state that this canvass could only apply to those vessels liiivin;^
lire-arms on I'oaid. viz., those that I'ame fnini the .V^iatie side,ei<;ht in all — as it is apparent that those
aealiTs who went direi't from this side knew that they did not re(|uire any concession from the .\merioan
utlicer.s, as they Imd only spe.ars <in hoard.

Many of our sealers, 4in iiein;; r[Uestione(l iiy m.', say that they had not heeii eanvas.secl hy Captain
IFoojHT or his (illiceis as to their di>satisfai tioii on that point.

In re.ard to this year's o|ieiation3, I wish further t.r static that Captain Cox will sratuitoiisly assist
the Sealers at Yokohama and Hakodate to have their arms oiled, carefully boxed, mid transhippeil to
thi.s p(Jit, which he informed me he had arran^'ed to have ( arried for 12 dollars per ton at the iisk and
exjiense of the owners.

1 believe that the fireater number of the owners of the lwenty-i'i);hl ves.sels in .Ia])ane.se
waters have alre.idy advised their masters that Captain Cox will superintend the tiaiisferrim,' i>f their
fire-arm.s.

The only dilliculty that jiresents itself is reHardinj; those few vessels whiih will ijo up to
Copper Island for a short season, and thence to I?elirinj{ .Sea; tlieao I have advised to make the best
arranj;(;ment.s they can to return their arms by some of the schooners which may be returning' direct to
this port,

'J'lie greater number of the schooners on the Jiipanesc coast, after coiududing their season at
Hakodate, and transforrini,' their fire-arm.s, will not i;o to Copper Island this year, as it is considered
unprotilidde, and it delays them from reaching the .sealing' ; muds early in Aii;,'ust.

I have, &c.
(Signed) A. K. .MIl.NE, Collector.

Honourable John CoHtigan.

.Minister of Marine and KisherieH, Ottawa. '

No, 52.
.,1 ^'

The Marquess of Salisbury to Sir J. Pnuncefote. u «

Sir, • • Foreign Office, May 28, 180(5.

WITH reference to Viscount Goush's despatch of the I3tli Scptcmbur last, luid to
my despatch of the 21st instant, I transmit to your K.xcellency, for your information, u
copy of a letter from the Colonial Office respcctin^j the (question of sealing-up fire-arms on
board Canadian scaling-vcssels in Hehrins; Sea.*

I should wish you to bring to tiie notice of the United States' Government the
arranjjements which have been made in order, as far as possible, to insure that the
vessels entering Behring Sea during the prosunt season should leave their tire-arms
behind. You will also mention that those vessels which proceed to l^ehring Sea direct
will be furnished with a certificate that ttiey have no fire-arms or ammunition on
board.

In the opinion of Her Majesty's Government the precautions which have been adopted
for the future satisfy all requirements, in respect of which a special arrangement for the
sealing-up of arms was made in 1894.

I am, &c
(Sigtied) SALISBURY.

• No. 51.

No.. 33.
The Martjueas of Sttiinbury to iSir J. Pi

Sir, Forwrn OJfice, June 15, 1896.

I COMMUNICATKD tcj tiic Secretary ot State for ttit; Coicaiies a copy of your
Excellency's (icspatcli of the 8tii iiltimi). inclosinjj a further note from Mr. Oliiey on
the subject of ihe alleged decrease of the number uf lur-seais m Beorinu; Sea owing to
pelagic sealing.

Her .Miijc"^ty"s Government liave no wish to prolong; tiie ;)ntroversv on this point,
more especially m view of the arran;»ements which iurre now bttt-n made for coaducuiig
in(juiry as to tin present state of tiie seal lieiti.

.Mr. Secretary Chamberlain has, liowever, furnished nu- with certain explanations
showing how tin- lii^iii-es as regards the pelagic catch ot' 894 uiven in your note to
Mr. Olnty were arrived at, and it seems desirable that these ~*hoiiiil be communicated to
the United States (jovcrnmcnt, in order t:-. remove anv iniaap©re!ienaion on their part in
regard to the statements made on 'oelialf oi Her Majesty's ( jnwerament.

The hgtires of the pelagic catch for ;y'.)4 were taken ironi p. 4- ol the Statistias
relating to the IW-hring Sea Seal Fisherie^i. iTcentiy bmi beliire C.-jn»rres8 as an Apjjendix
to the Annual lu-port of the Secretary of the Tivasur} and ahe uumlK-r ot seals killed
on the islauds \ -a- found on p. (i of tiie i)rinted Repor: of tb-:: -onadian Privy Council,
dated the 4tb .liui«wy, 1 S(J{5.

The resaito-aBP as follows : —

NiiutliiiPHii coast

Tutikii fa

attmitfr'airtiie-r'

of tlfae TreHNHn-

L- catch
Total

24,101
31,j85

I6,0;i()
71,716

m p. 41 of the Statistios already (juoted seemf; to show tha; the

-"•tnsir catch for 1H94, whirh is (jtven in the letter Tromthe Secnraar>'

)liie^. IS made up by auiitin:: to the ascertained ptia^ic catch oi- the

: tlb^'itulk of the syiaa.iairiBd at United States' ptjrts from locuJiisifis

With resart unBmution in the pelagic- catch for 18!)5, tbs Secretary ot TJfan

Treasury amve- oii-ju sicn that the avrrnpc catcli per vessel in y«riinng Sea feb aff

by 1- per cent. :. ■"!' oij lie assumption that tittv-nine vessels wee- imirnged in Ifee
fishery tbere, ami tiiai tiiey iu comjjletcd i;ncir li*hing season.

It appears. iio«wKver. irrmt ihe detailed Reports, tliat only Hfty-eiurht veaselti tooii pirt
in the fishery, viz., forrv litnuBli and eicyiteen American vessels. Of tliese, he " E. B.
Marvin," the " Bentricc,"' una: tiie " Louis Oisen " were seized in the course ot the seasm,
and (lid not thercfoi-e cuinptet- their catch. Only one vessel, the " Favourite. ' was similarty
seized in 18i)4.

In brin;;ing these observstioiis to Mr. Olne_\'s notice, I have to recjuest your Excei-
iency to add. with reierence to the last paragraph of his note, that, owing to the notice of
the modus vivendi huvini; been issued so lale in iH'Jl, Her .Majesty's Government paid a
large sum as compensation ti«r interlerence with tlie staling industry, and that they are
unwilling to incur such a li;iiviiity in tlie present season without paramount necessity being
shown to justify an interrugtiuii ot the tisliery.

I am, &c.
(Signed) SALISBURY.

No. 54.

.idmiriilly to Foreii/H O^ce. — {Received June 'J6.)

IMt; * Admit,, li, June 2i,\S96.

I .\M coinmaiuk<J 'n ni" l.oids Coniniis-ioners of the .\dnuralty to transmit
lieicwitb, tor tiie intei'imn»»*«« of the Secretary ut fetatc, copy oi a letter, dated the
Isl instant, irom tli* t'oii««^-inder-iii«chief on the i'atihc Station, giving the rsasons for

I?'

the " Plipasant " lavin? remained in tin- neiglibourliood of Unalaskti durinir the s:aliii«t
patrol Hcasoii ol 1895. ami stating' tlint three ships will he employed on this service
ciiinn;; tlie curren". season.

T am, &c.
(Sis^'ned) KVAN MACGHEOOR.

* Inclosuro in No. 54.

{{■ear- Admiral Stpphmson to Admiralty.

Sir. ^ ^ " Rnyn; Arthur," at Esiiumalt, June 1, IS'.Ki.

1 RKQUMST you will inform their Ijordships that my instructions to Lieutenant
and Commaiuicr Ciairtorth, of Her Majesty's ship *' Pheasant," pn.oecdinp to the Hehrina;
Sea last year, were to plaec himself in communication with Captain Hooper, the
Senior Officer of the United States' patrolling vessels, and to act in concert with him
with rccard to carryina; out the Behring Sea Award Act.

-'.. This was done, and Lieutenant Garforth reports Captain Hooper requested him
to remain in the vicmity of Unalaska, so that his whereabouts might he known to all the
United States' vessels, who would do all the cruising. The " Pheasant "cou,d then receive
;inv sonooners seized.

;,. This arrangement appears to have given satisfaction to Captain Hoo ler, and I was
of opinion that one ship was sufficient to carry out this duty.

4. In accordance with their Lordships' directions three ships will he s?nt this year,
andinBtructions given that more cruising is to be carried out in concert with the United
States vessels.

fj. The "Piieasant" is now at Sitka with the United States' rcv,enuc-crui?ers.

(5. During the close season no cruising is necessary, as the whole of i.ur sealing-
scliooners have returned to Victoria, where they will remain until the middle of Jnly, when
1 propose to send the " Satellite" and " Icarus" to join the " Pheasant."

I have, &c.
(Signed) IL F. STEPHENSON,

Rear'Admiral, Commander-'.n.chief.

No. 55.
*" The Marquee of Salisbury to Sir J, Pauncefole.

air^ Foreign Office, June 30, 1896.

WITH reference to your Excellency's despatch of the 14th April, I transmit to
TOu iierewith a copv of a letter from the Admiralty in regard tu the complaint of the
United States' (.overnment that the patrol of Behring Sea abs inadequately perlormed by
Her Majestr's ships during the sealing season of 1895.*

i shall" be dad if you will explain to Mr. OIncy that the Officer Commanding Her
Majesty's ship " Pheasant " was instructed to act in concert with Captain Hooper, the
Senior'OlRcer oi the United States' patrolling vessels, and that the latter reipicsted him to
remain in the vicinity of Unalaska in order to receive any British vessels seized by the
United States' cruisers, who would do all the patrolling.

Admin ' Stephenson considered that one ship was sutficient to receive the
captured vessels, and it was understood that Captain Hooper was salislicd with this

arrangement. .

'I'hivc vessels will be employed this year, and instructions have been given that more

cruising is to t>e carried out.

I am, ivc.

(Signed) SALISBURY.

fll

No. 54.

t.688j

No. M.

Sir J. Pauncffottf to the Marqwtii.t of Salisbury. — {Ptcrived July 16.)

Mv liord, Wnthington, July fi, 1890.

IN idihiiliancc with tlic kisliuctions contiiiiied in your i>(>nislii[)'« i.cs|)auli ot the
2Stli Aiav l.i-[, I a(l(ire8.xcfl a note on tlie lyUi ultimo lo the Linitid M.iies' Secretary
ol State, iiiluniiin^ liim ol the arranKemtnts which have oeen made Ui insure, as tar as
possililc, thai rire-ariiis shall not he tuiiieil by seaJinu- vessels enterma Mehniifj Sea tluriiij!;;
lite |)ii'.seiit sea-oii , ilio^e ;uiaii^e!iieiil> lieiiiu sei liirth n liif leiirr lidiu ihc (\)ii)inHl
Olfiee, ni whicli a copy was iiiilnscd in ynur LonUhij) s ilt>(>nteli,

J have ibe huiiour to transmit, hciewith a copy ot a note addressed to nic by
Mr. Oiney in reply and ot itH inciosure, a l<tt«r tiom the Assistant Secretary ot the
ireasury, in which Mr. Hamlin sum^ests certain arran^ieuienis supplementary to those
already inadt-.

1 have loininunicated a copy of tins note »n(i ot its inciosure to the Governor-
General ol Canada, and in view oi Mr. (JIney .s reijuest thai he may he infdrnu'd as earlj
ai» possible « hellier Her .Majesty's Governim-nt will agree lo ttie turllier arraiigeinenls
proposed, 1 venture lo sujjuest that your Loroship '•iionld iiitorm me by lelejiiai)!! ol the
reply which il is desireu ihui 1 should return lo the united .'Mates' <>uveniineiit on ihe
subject.

I have, Hic.
(.Signed) JULIAN JfAUNCEEUTE.

-<4-

Incloaure 1 in No. 66.
Mr, Olney to iSir J. Pauncefote.

Excellency, Departmitnt of State, IV a shiny ton, July 2, 1896.

KhKKRRlNG to previous correspondence concerning the question ot lire-arms on
board Canadian sealing-vesseis, and paiti<ularl\ with relerente to your notes ot the
3rd and IVtth ultimo lespeciively ou the .-uhjicc, ! hav ttie honour to inclose, lor
your iiit'ormation and consideration, a copy ot a letter ot the Mt\\ ultimo Irom tiie
Acting Secretary ot the 'IVeasury, submittinp certain moditications ot the Re^^uiations
proposed in your note ot the lUlh ultimo in rLt;ard to the iiialler.

You will observe that Mr. Kamliii sut,'i:»Nts that ves.seis pioceoding n rect to Behriug
Sea troin \ ictoria should present tin cenitiiau ^ lUiided to in your note lo the Defiutv
Collector ol" Customs or lo Captain C . I... Hooper, R.t .s., m chai|.;e ot the Cniled Mates'
patrol liiiir fleet at. Unalaska, ami that thereupon said vessels be searched by diilv authorized
patiulling' ulhccis, und ine lad ludorsed ou ihi- cerlilii.alc.s thai ^ucli ccrlihcates, uuly indorsed,
may be accepted by the olHc( is ol the patrnllitii: vessels as evidence ol the lad that no
lire-arms are concealed on board unless sonjc inlonmitiou or evidence ot violation ot law
other than mere suspicion IS in the possession ol or tound by the Hoarding otliccr; and
that a representative ot the Cintcd States' Governmeni be allowed lo inspect all seal-
skins taken in liehiini; Sea ami landed ai Hritish <. ulumliiaii ports, to discover whether or
not the seals nave heen shot.

Mr. llanilm assumes that as regards vessels now in or m route to Japanese waters, it
would be impossihk to cany into ettcd the arrangement proposed, nut that lie will coiu-
muuicate wiih Captain Hooper ol the piiirolliiiL; tiiet, and inlorin In n as lo the ettorls ot'
the Collector at \ i(;ioria lo briiit; aooul ilie transhipment ot lire-arms helouging lo
Canadian vessels, or the leaving ol liu-m at some renoc/.vous, and that the same inlorma-
tiun will he commumeated to the otiicers oi ;dl the patrolling vessels.

1 his Department is of the opinion thai li the suggestions proposed by the Acting
Secretary ol die 1 reasuiy could be adopted they would ot)viate inucii ol ihe trouble and
delay caused by the searching ot iiriiisii vessels. 1 thcrelore beg lo be inlormed as
speedily as possible as to whether or not Her Majesty "s Government will agree lo the lore-
going suggestions, in order that the I'reasury JJeparlment may be able to cover b\
one instruclion to the patrolling lieei all the questions raised by you; note of the 20tii
ultimo.

I havu, i&c.
(Signedj KlCliARD OLNEY.

■retarv

tar as

iuriiiii.';

"luiiial

Sir,

Inclwure 2 in No. 66.

Mr. Hamlin to Mr. Olney.

Treatury Di-partmrnt, Ojficr of the Secretury,

Wnshimjlon. />.C'.. June W. ^SW•..
I HA\ K the lioiioiir to ackuowleili;*.' your noU- ut tin- •.i.'lrii June lust. liausiimtiiiK'

C()|)

■a li'ltcr ot fl:e Idth in^ta.it (Vdiii Sir JuIimii I'.iiiiici toti

III SUKI I'tttT

Sir .liiiiaii states tluit the followir.j,' aminL't'int'iiN itavr lu-m maiif to in»iire tlmt
iire-anns .-.hall not be onrrii-d tn Rniisli vessels in Reiirini; Sua (iuriiit; tin- pioent
season : —

1. In rcjiianl to vessels sailina; trom Viit'iria, Hntisii ('oluuiliia, lor Japanese waters,
he slates that tin- Coliector of Customs at N'ii'tona has seen the i,'re.it'.'r iiuiiil)er of the
owners and several of the masters, and hii- iiiade, as he thinks, nearly coniitlete arrange-
ments lor trun.sjiinpin^ all tire-arms trom UaUuiate liy steamer to Victoria,

'I. In the; case of vessels proceedim: tci the luiLihhoiiriiood ni" the ConiiiiamJer Inlands.
Sir ,liiiiaii states ihat the Collector rei)orts that ctiuris uiil be made to have the tire-arms
translerrttl to some homeward-hound vessel, ot lefi at sttiiie rendezvous uiilil operations in
lii '.iriiiL: '^ea are cr)nelude I.

■?. With regard to vessels pioeeediiijif direct U) lielniuir Sea Irom liritish Columbia,
he stall's that the masHi- will be fnrnislied with ccrtiheates that they have no fire-arms or
ammunition on hoaid

1 have the honour to icplv that I have e. relully considered '"^n' Julian's letter, and
would ^ll,t,'^est that vessels proceeding direct to Uehrini; !3ca Irom Victoria should pnseiu
the cerlilicate alhidcd to in said IcHcr to the Deputv Collector of Customs or to Captain
(" L. lioopei-, K.C.S.. in char;;e oi our patrolling tieet ai ITiialaska. and that thereupon
s.iid vessels be seaiclied b\ duly authorized patrolling otHeers, and the lact indorsed on the
certilieale; that such certificate, duly indorsed, niav be accepted by the otticers of the
patrolliii!^ vessels as evidence of the lact tlial no fire-arms are concealed on board unless
sii!iie information or eviileiice of violation of law other thin mere sU;-.pieion is m the
possession (It OI louiid by the boarding ollicer. I \sould tiiither siiggi'st that a representa-
tive o! the Unileil Stall"-' Ciovenmient be allowed to iiispeel all s^al-skins taken m liehring
Sea aii'l landed at nritis;i Columbian port«, to discover wliether or not the seal.s Ijave been
shot. It these two siuzestions could be aitopted, ' he, would certainly ohvialu much of the
iiievit.i' le trouble anu delay caused by the searching ot liritish vessels

I assutiic that as rci:ard« vessels now in or i-n laiilf lo .Jap.iuese waters, it vvould be
impossible lo carry inU) efliuct any such arrangement. 1 will, however, communicate with
Captain Hooper of ihe patn lliiij; fleet, and stale the ertorts of the Collittm- at Victoria to
bring about the transhipment ot tire-arms belonging to such vessels, or the leaving ol thein
at some rendezvous, and lie will eommuuicate these facts to the otiieei? of the Datrulliiig
vessels.

1 would respectfully sug'^est that the Biitisli (ioveniniein be rcnjiosted to consider
and advise us as speedily as possible whetlier or not it will auree to these suggestions, as
1 would greailv prefer lo cover the sarious ijuestioiw raised in ."lir Julian's letter in one
conununicalioii to the patrolling tleet, a-id us tbeie is but litlie time in which to eom-
muiiicale with said tieet heloie the cunimeucemeiit of the sea.'ing operations in Ueliring
iSea on the 1st August.

Uespect fully yours,
(SiH;ued; " C. S. UAilLi.N,

Acliny iSecretary,

No. 67.
Colonial Office to Foreign Office. — {Received July 31.)

iSir, Downintj IStreet, July 30, lb9«.

1 AM diiected by Mr. Secretary Chamberlain to ackiiowle<lge the receipt ol your
letter of t he 1 sth instant, inclosing copv ol a despatch from Her Majesty's Ambassador
at Washington,* lorwardiiij; further proposals by the United States' (Joverninent lor

[688]

* ma >o. 66,

s^ ;;

securin!; tlie obscrvuncc of the law prohibiting the killing of seals by means of fire-arms in
Bclirint; Sea.

The Doiiiiiiion (ioverniiiLiit, to whom these proposals have been communicated by
Sir J. Paimco(i)t<', will no doubt in due course furnish him with their observations on
them ; but Mr. I'hainberlain has but little doubt that their opinion will be adverse to the
Bcce[)tniice of these ])roposal», and be does not consider that they are of a nature to
conimend them to the favourable consideration of JJor Majesty's Government.

As Um\ Salisbury is awaie, Her Majesty'n (jovcrnment have not invited any
proposals from the Uiiited States' Government in this matter. They have had to
complain seriously of the vexatious and unwarrantable manner in which the United States'
piitrol (iHiciTs last year exceeded the power conferred on them, of assisting the British
officers in policing the tishcries so far as British vessels are concerned.

Vessels were searched time after time, at inconvenient moments; the skins on boaul
were all jjulled out of the t^alt and left scattered over the hold, and then had to \k-
repacked by the crew, only to be pulled out aijain next tine that a cruiser was met. Her
Majesty's Government pointed out that the British law ui\der which the United States, as
well us British otiicers, act gave no authority for searciiing a vessel unless there was
reasonable cause for suspicion that an offence iiad been committed, and^liat some of the
vcbscIs which were most frecpiei.tly subjected to this haraesing search were actually
furnished with ciirtificates from the authorities of the port Jrom which they had cleared
that they iiad no arms cm bouni, a diieument which furnished .strong prima facie evidence
that liiey h;id eonimitted no offence, and rendered the proceedings of the United States'
officers entirely UMJiistifiable.

It is lawful to carry lire-arnis on board of S'-aling-vessels in liebring Sea, it is only
their elleelive use that constitutes an oHence. The United States' officers are not
therefore justitied in searching a Brili.sb vessel simply to .see whetlier she does or does not
curry fire-arms. But in order to protect British subjects from these unwarranted
amioyaneis, arrangemeuts have been made for the issue of certificates this year to all
vessels clearing from (Canadian ports direct for Behring Sea, and for the collection of the
arms of all vessels proceeding to Behring Sea from the Japan coast fishery, and Her
Majesty's Government had hoped that these arrangements would have satisfied the
United States' Government that there could be no justification for their officers to again
exceed the powers in regard to British vessels conferred on them by "Tiie Beiiring Sea
Award Act."

Mr. Chamberlain regrets that this expectation lias not been fulfilled, and that
proposals are m»w put foi ward which are based on the assumption that the presence of
fire-arms in J^ritisb vessels is itself a breach of the iMiglisb Statute, and that not only are
all British subjects engaged in the fishery determined to evade and contravene the law, but
that the Britisli otiicers are re.uiy and willing to aid and abet tiiem in so doing and to issue
false certiiieafi's tor the purpose.

Certificates issued by British otiicers are only to be accepted after the vessel has
been searched and tht certificates indorsed by a United States' ofiicer, even a British
naval officer not being trusted to j)erform this duty. Further, even after the United
States' otiicers have satisfied tiicniselves tb;it the vessel carries no arms into Behring
Sea, the catch is to be examined by a United States' otiieer after her ret\u'n to \)utt in
order to make sure that no arms have escaped discovery, or presumably been procured in
Behring Sea.

Such a demand can only have been put forward under a complete misapprokension
of the poi'ition in which the question of the seal fishery was lelt by the Award cf the
Arl)itiation rrilmnal.

The decision of the Tribunal rieclared that the United States had no special property,
interest, or tight in seals on the liigli seas, and while iayii'g down certain regulations f()r
the pursuit of seals at sea in the common interest ol the lishery. lelt each nation to provide
the i( gislative and exeeutive measures necessary to give effect to theic regulations so llir
as its own subje(ts are conccined.

lnlern;itional (otiiity undoubtedly deinands in these ciieiiiniitanees that cacii nation
shall lake iidccpiate i!ieasun-s lor preventing injury to tlie common interest by its .".ubjects,
but it also iirsmnes tli..l each nalujii will taithlully carry out its obligations, and if. conlm
on the one no light to dictate to the other what measur s slionid b( taken, though il
jiistitie;> leniohKiranee it tile mcusures are foumi by experience to be inade(]uatt'.

The Lmtcd Slates' (jovernmeiit has produced no evidence wiialevcr that tli<
legislative and other measures a^iopted by Her Majesty's Government have tailed, but tlie\
Uhsumo that they are inadequate, and thai Her Majesty's Government are not prepared
to discliuige their duty in rcuaid to the prottetion of ilie eumusou iulcrest, and ilaim the

urmh III

itccl hy

oils oil

to the

til re to

right to exercise over British subjects and Britibh veii8eis powers of search and supervisio"
in excess of those j^iven by the British law.

1 am, &c.
{Signvxl) JOUX liUAMST(JN.

cd any

had to

States'

British

boa 1(1

to Ik'

Hei
ates, as
ere was
of tile
ictually
cleared
videnco
States'

No. »8.
Sir J. Pauiwefote to the Marquess of ISalisburij. — (Received Awjitst 3.)

My Lord, IVushinijIon. July '21, ISlMi.

T HAVE the honour to inform your Lordshiji that, in ri)iii|iliB«cr with tiic
instrnctions contained in your Lordsliip's despaN-h of the 13tl; Muy last. 1 adilressed
a note in the sense of tiiat despatcli to the United States' Secrelary of State on tlic
(juestion of the presence of United States' counsel at the trials of British vessels seized
for violation of the Bchring Sea Award Act. I have notv the honour to transmit
to your liordship a copy of a note addressed to nic by Mr. Dliiey in reply, in wiiich ho
informs me, as your Lordship will observe, that the United States' (ioverumeiit will give
their careful consideration to the alternative propositions nmde by Her Majesty's (Jovern-
inent.

I spol.' to Mr. Olncy of the question, referred to in the last pjiiiKraph of your Lord-
ship's despatch, of the establishment of an International Court, which shall ()< ;il with
future claims arising out of the action of the otticors inlrusteil witii Ihi" enforceiiioiit of
the Laws enacted by tlie Legislatures of the two countries for giving etfect to the I'aris
Award. He was not disposed to enteriaiu the proposal at present, but he thought its
consideration might be resumed at a later date, atul after soiiie cxperieiico had been
gained of the working of the Behring Sea Claims Commission.

I have, &(-.
(Signed) JULIAN PAUNCEI-'OTK.

',;,'«

Inclosuro in No. ISH.
Ml . liockhill to Sir ./. Paunafoti-.

Kxcelleiiov, Ih'imrlment >t' SIdtp, IVashtngton. Julij 22, ]*<!(({.

REFKUBINti to previous corrospondenec concerning the iiuostion as to the priscTice
of counsel on behalf of the United States' (Jovornment at the trials of Biilisli vessels
seized for violati(ms of the Behring Sea .\ward Act, I have the honour to :iikiiow|ed%>^e,
with satisfaction, the receipt of your note ol the 2.5th ultimo, in which you state that Mor
Majesty's (lovernmcnt sees no objection to the cases being watched, as proposed, '-v
counsel tor the Uiiiteii States, and that the counsel bo employed siionld lie periiiilted o
examine the pleadings and to make suggestions to the British counsel ; sinli siiggi'stioj.s,
however, to be confined t.> the object of protecting United Stales' interests, and not to lie
admitted as regards the enfiuceinciit of the Behring Sea Award Act, tlie enforcement ot
that Act being tlie duty of Her MajestCs (loverniiient.

Tiie Depariiiient has, moreover, noted the further statement in your note to the
eflect tii.il in existing circumstances Her Majesty's (iovcniiiient is unable to consent to
the United States' ( iorcriii;i(.:it being reco;;iiized in the trials in (piestion as .\ party to
tlK litigation %uh a locus standi before the Court, but that the situation would lie
alteretl i!' the I Mite<l Staten were io enter into an a^recinenl If) sati-ly the .luduiueiit of
the Court il ttie seizure should be held to le wrongful, but that if the United Slates'
(ioverniiK '•> should be UTi»illiiig to assent to such an agreement for the payment of
daniatie-. merely upon terms of being permitted to watch the eases, an arraii;;ement
might lie made by wliicii l\w Ameriean (loverninent should employ solicitors and eounsel,
ami <*ondnct the iirosecution of the suits in the name of the Crown.

In reply, I beg to say thai \our alternati' propositions will receive from this (ioveru-
mvnt the con».Hi< ration «4Hch their iuiportuiK e demands,

I have, (be.
It M, W. lUXKUTLL,

ActiiKJ HrrrffuDj.

No. 69.
The Mar^e»$ of Salubury to Viteount Gougk,

(Tel<!i,'rr>itliic.) Foreujn Office, Auijunt 3, 1896.

SIR J. rAUNCEFOTE'S despatch of the Hth July.

A detailed reply will be sent to United States' proposals. Her Maje.sty's Govern-
ment reu:ret tiiat tliey are unable to enter into the .suir;:;ested HUi)plein<iitarv arrani{e-
ments ; tin' jjrecautions already adopted will, they trust, suthce to insure tiiat the Healers
entering IJeliriny Sea will use no fire-arms.

No. 60.
yitcount Oough to the Marquess of Salisliury. — {Received August 8.)

(Ttjiefjraphic.) Seii'port, Rhode Island, August 7, 1896.

I HAVE communicated to the United States' Government the substance of your
Lordship's telegram of the 3rd instant relative to the tire-arms of sealing-vessels entering
Behring Sea during tlie present season.

On the 4tli instant Lord Aberdeen telegraphed the desire of the Canadian Govern-
ment tiiat any fiiuil deeision in the direction indicated by the Fnited States' Secretary of
State should be postponed until their views have been taken into consideration.

No. 61.

Colonial Office to Foreign Office, — {Received August 18.)

Sir, Downing Street, August 18, 1S96.

I AM directed by the Secretary of State for the Colonies to transmit to you, for
the information of the Marquess of Salisbury, the accompanying co|)y of a telegram
from the Governor-General of Canada, expressing tlie views of Ids Government lo to
the sup|ilenientary arrangements suggested by the United Slates' Government as
regards the sealin^-up of fire-arms on sealing-vessels.

I um, t&c.
(Signed) E. H. MEADE.

Inclosure in No. (51.
The Earl of Aberdeen to Mr. Chamberlain,

(Tfilegrnphii!.) {Received August 14, 1896.)

CANADf.AN Government concur in jiroposui in disagree with supplementary
arrangements suggested by United States, \inerica, liut would be inclined to agree as
to that part of .suggcslion iiutlmrizing search by patrolling othcers, provided the words
" shall be accepted " are substituted for " may be accepted," leaving clause in other
respects unaltered.

iil

No. 62.

' The Marquees nf Salisbury to yiscount Oough,

My 1-ord, _ Foreign Office, September ^ . \bm,

I INCLOSE an extract from a despatch from the Commander-in-chief on the
Pacific Station regarding the arrangements made for the removal of arms from sealing-
ve.ssels, and I should wish your liordslii|» to communicate it to the United States'
Goveinment.

I utu, ix.
(Signed) SALiSBUllY.

IncloRore in No. 62.

Rear-Admirnl Palliser to Admiralty.

(Kxtrart.^ •• lmpe'rieii.it\" ,ii r.iqnimnll, July 24, ls(»f).

THK sealers that liavo cleared tor the liilinn;: Sen dirtct (^tliirtj. three in all) hnTe
taken n<> arms ivitli in-m. I'lutsi' tluit iiavi' cluttred tor llie Japan an i Asiatic coast
^l«inty-fi)^ht in all) liavo airan::e(l to return their arms before entering the Mehring
Sea; liui.si' ves>els leavin;; .lajmn on tiei;;lii. ami those leavinj; tlie neigiilioiiiliond of
the (.onimander Islands in one ot the sealers not enterinf:; tlie Mehring Sea. Thw
siiould remove one source of ditticultv.

No. 63.

Viscount Gniigh. to the \far(fui'ss of Snliibiiry [liereived September 7.)

My Lord, Nevport, Rhode Island, August 2(5, 1896.

A>> reported in nij teic^riini ot the Tlh uisiiint, 1 cunnnunicated to tne United
States' Government tlie substaice ol your Lordship's telegram ol the 4th relative
to the supplementary arranj^enients proposed by ilie tiecrctary of the Treasury in regard
to the tire-arms ot vessels enterint; Kelinng 8e<i.

I have no<7 the honour to transmit copy of my note and copy of the reply of the
Secretary of State.

1 have also forwarded a copy of the latter to the Earl of Aberdeen.

I have, &c.
(Signed) oOUQH.

lnclo.sure 1 in No. 63.

I'isfount Gouyh to Mr. Rnchliitl.

Sir, Newport, Rlf.de Island, August 7. 1896.

I ilA^'E the honour to iii'onn yoN that Sir J. F.iuncelote torwarded to flcr Majesty's
S<>cri'lurv of Stnte tor Koreiiiii Atiaii-s u copv "{' Mr. Olney's note ot the 2ii(i ultimo, as
well as a I'ljjv ol its iiiciosure diitcil the 30lli June, in which certain arrangements were
sug{jesie<l i)v th. Actiiii: Seer.'tary of the I reasury supplenieiitiiry to those already
adopted in rcjian to tlic tire-arms ot vessels eiitciiug Behring Sea durinji; the present
season.

A (ict.»ile(l lefly will le sent in due coui-se to Mr. Hamlin's above-mentioned
proposals tiul, nieaiiwhilc, m atcordance with tlie re(juest ol the United States' Secretary
o( Stati rtiat he should l)e iiilormeii ii> speedily as possible ot the view.s ot' Her Majesty's
(jovernment u|niii tin- si;b|e(t, 1 liavc been iiwrucled tu inform you that Her Majesty's
Government regret that they ctiknivt enter into the suppleiiienlury arrangements in regard
to sealers eiitcring iVlirinn Sciu >*<it;;i{estcd by Mr. liaiiilda.

Her Majesty's l»oveiniii(^tK nusi that the |>retautioiis already adopted, and which were
descnlu'd in tlie note ol Her illajcsty's .Anibassailor dated the I'Jlh June,* will be sutiicieut
to insure thai no tire-arm^ will tie used by tlie sealers in question.

1 have, ttc.
(Signed) GOUQH.

.'i-i

Inclosure 2 in No. 63.

.V/r. Rockhill to Viscount Oough.

My Lord, Washington, Augmt 26, 1896.

RKFKllRlNfr to your note of the 7th instant, the receipt of whicii was acknow-
ledged on tlie 12lh, I have the honour to inform you that I am now advised ot the views
of the Secretary of the Treasury concerning the precautions which the Collector ot Customs

• See No 6a.

at Victoiiii was adopting; and endeavourinc; to adopt witli regard to the transhipment of
firc-uinis iVom IJiiti-^l) vessels ()|)eratinf,' (hiring the early part of the sealing season on the
Asiatic coast and in the neighbourhood of the Komandorsky Islands, as duscrihed hy
Sir J. I'liunceidU's previous note of the 20th (? 19th) June last.

On tlie 2n(i July, in answer to (he said note of the 20th {? 19th) June, Mr. Oliiey
hod the honour to" submit, for the consideration of Her Majesty's Government, the
supplementary arrangements in regard to sealers in Behring Sea, which arrangement, as I
am informed by your present note of the 7th August, cannot be entered into l)y Her
Majesty's (iovernmcnt.

As soon as the refusal of Her Majesty's Government was made known to the
Secretary of the Treasury he notified Captain Hooper of the fact, and advised him that the
Treasury Department regrets that it caimot direct him to accept the certificates alluded to
in Sir J. I'auncefotc's note of the 20th (? 19th) June as final on the question of the
concealment of fire-arms, but that the entire correspondence is transmitted to him, in
order tiiat he may take such action as in his discretion may reduce to a minimum the
inevitable annoyance connected with the searching of vessels.

I have, &c.
(Signed) W. W. ROCKUILL.

No. 64.

•I:

llie Marquess nf Salutbury to Viscount Gough.

My Jvord, Foreign Office, September 9, 189(i.

\\ ITfl reference to my telegram of the 3rd August respecting the precautions for
preventing the use of fire-arms in Behring Sea, I have to state that the ste|)s taken with
this object by the Canadian authorities were also designed to protect the sealing-vessels
from interference in the course of tileir voyages and sealing operation?.

.Arrangements were made for the issue of certificates to all vessels clearing from
Canadian ports direct lor Hehring Sea, and for the collection of the fire-arms from vessels
which had previously been engiiged in the fishery off the coasts of Japan ; and it was
hoped that these arrangements would satisfy the United States' Government that no fire-
arms could he used, e8|)ecially in the case of the vessels which were provided with
certificates.

In the correspondence inclosed in Sir J. Pauncefote's despatch of the 6th July,
supplementary arrangements were put forward on behalf of the United States' Govern-
ment to the effect that vessels proceeding direct to Behring Sea should present their
certificates to some United States' authority at Unalaska ; that the vessels should be
searched, and that the certificates, after being indorsed, might be accepted by the ofiScers
of the patrolling fleet as evidence that no fire-arms were concealed on board ; and, further,
that a Representative of the United States' Government should be allowed to inspect all
seal-skins taken in Behring Sea and landed at British Columbian ports, in order to discover
whether or not the seals had been shot.

I iiuve already expressed to you by telegraph the regret of Her Majesty's Government
that they could not enter into these arrangements. Besides the objections which might
he raised to the nature of the proposals. Her Majesty's Government have had some mis-
giving as to whether the sealing-vessels would be guaranteed from interference after the
obser\imcc of the preliminary forcnalities, and previous experience, notably in the case of
the Agreement for sealing up arms in 1894, bus shown that such expedients have not had
the desned effect.

They would, however, be disposed to agree to the provisions for a search by duly-
authorized patrolling ofiieers at Unalaska, and for the indorsement of the certificates, if it
were uiulcrstood that the indorsed certificates should be regarded as an absolute proof that
no fire-arms were carried.

In communicating the substance of this despatch to the United States' Government,
you are aceurdingly authoriied to projjosc, with reference to the certificates, that the words
" shall l)c aeeepted " siiould be substituted for " may be accepted," and to state that, with
this alteiation, Her Majesty's Government would Ijc (ircpared to accept the first portion of
the .vuppleiiientary arrangements suggested by Mr. Haudin.

The examination of the seal-skins by United ^States' officers in British ports would
involve a fresh departure from ordinary international usages, and, as such, would
require very serious consideration. There are, moreover, reasons for doubting the

expediency of relyinff on this invcstijtation for tlie |)m•l)o^(• of asccrtniiiiiig wlu-fher fire-
arms Iiave been used, owing to the well-known ditliculty nt lurivinj; iit nny ci>!Klii!.ivc
results.

You will therefore explain to Mr. Oiney that Her Miijisty's Governincnt do not, in
present circumstances, feel able to adopt tiie lutter part ft Mr. Ilandin's 8UL;ife»tions and
you will represent to him that the additional precaution- lo which they are now prepare<l
to give their assent will be found fully sufficient to meet the requirement which both
Governments have in view.

I am, &i'

(Signed)

SALTSHURY.

No. 65.

Viscount (joutjh to the Marquesx of ISnlixburi/. — (Recfivprf Octolier 12.)

My Lord, Newport, Rhodr Island, September ^J^, IHJM'i.

I HAVE the honour to acknowledge receipt of your Lordship's despatch of
the 9th instant, on the subject of the precautions lor preventing the use of fire-arms
in Behring Sea, and to report that I have this day addressed a note to the United
States' Government in obedience to your Lordship's instructions.

1 have, &('.
(Signed) (}()U(iH.

No. 66.

Fi.icount (Jough to the Marguesn of Salisbury. — (Received October 26.)

My Lord, Wtmhington, October 1 K 1896.

WITH reference to your Lordship's despatch of the 9tli ultimo, resin-cting the
precautions for preventing the use of fire-arms in Behrinj; Sea, I have the honour to
transmit herewith a copy of the note I addressed to the Actin;^ Secretary of State on the
2l8t ultimo in compliance with the instructions contained in your Lordship's al)ove-
inentioned despatch.

• 1 have now the honour to transmit a copy of the reply I have recived from ihe
Department of State, suggesting the postponement of the whole question, pending the
receipt of the Report from Professor Jordan and the other naturalists smt 'o the seal
islands this summer, in order that Her Majesty's Government and the Government of
the United States may be able later to agree upon the Hegulations for the season of
1897.

I have, &e.
(Signed) (JOlCl!.

Inelosure 1 in No. 66.
Viscount Gough to ^fr. Rocktiill.

Sir, Newport, Rhode island, Septrniher 21. 1896.

IN my note of the 7th ultimo, I had the honour to inform you that a detailed
reply would be sent in due course to the suggestions made in Mr. OIney's note
of the 2nd July on the subject of arranp;ements supplementary to those already adopted in
regard to the fire-arms of vessels entering Hehring Sea during the present season.

The measures described in Sir J. Pauncefoti's note ol the IDtii June were adopted
to insure that fire-arms should not be carried by those vessels, and were also desiuned to
protect tlic sealing-vesscls from intcrfeience in the course of their voyages and sealing
operations.

Arrangements were made for tlie issue of ccrtilieates to all vessels clearing from

Canadian ports liiicct for Behring Sea, and for tie collsctio!< of the fire-arms from

vessels which had previously been engaged in the fishery off tlie coasts of .lapan;

and it was hoped that these arrangements would satisfv the United States' Goverm^ent

[638] ' -M

f^- ^%<j

V i

tliat IK* fire-arms could he used, especially in the case of the vessels which were iirovided
with ciililicatcs.

I:i Mr. DIney's note to Sir J. Puuiicefofc of the 2iid July, su|)|)lemeiitary
aiiiinm-iiu'iits were sua;}{itsli'(l by the United States' Ciovcrnnient to the eH'ect thut
' c^scIn profcedini: direct to Hehriti;; Sea siiouid jiresanl tlieir certificates to sonu-
United Slater' aiitlit>rily at Unalaska ; that the vchbcis should he scurehed, and that tin-
certiticutis, after Leintj indorsed, mij^lit be acx;e|)ted by the olfieers of the patrolling (leel
us evidence that no fire-arms were concealed on hoard ; and, furliier, that a Uciircseiitative
of tlie United Statis' Government shouUl he allowed to inspect all seal-skins taken in
Helning Sea and landed at British C-'ohnnbian ports in order to discover whether or not tlie
M^als had hten shot.

As 1 had the honour to inrorm you in my note i)( the 7th ultimo. Her .Majesty's
iJovernment rei;ret that they cannot enter into tiu' suppli inentary arranjjements sug^^ested
by .Mr. Ilailin (eontanied in Mr. t)Iiioy's above-nii ntioned note). iJcsides the objections
wiiich mi;,'ht he raised to the nature of the proposals, Her .Majesty's Govermncnt have had
siMiie mi.-i;ivini; whether the sealiii;;-vessels would he nuaranleed from interference alter the
<>l)s' rvaiKf lithe pnliminary fornudities ; and previous e\pe!ience, notal)ly in the ease of
the ai;reein('nt fur sealini; u|) aims in 18!H, Inis shown that such expedients have not liad
tiie desiud etiect.

Her Majesty's (ioverninent would, however, ho disposed to ai;ree to the provisions for
a search hy duly authorized patrolling; otiicers at Unulaska, and for the indorsement of the
certificates, il it were understood that the indorsed certitieates should be regarded as an
absolute proof that no lire-arm were carried.

Acting under instru( tions from the Mar(|uesM of Salisbury, I have the honour to
pro|)()se to the Uinted States' Government, with reteieiice to the certitieates, that the words
'•shall be accepted'' should he substituted for the words " nuty be accepted," and to state
tiiat, with this alteration. Her .Majesty's Governinenl would he prepared to accept the first
portion ot'the supplementary arrangements suirirested liy Mr. Handin.

The examination of the seal-skins by Uniteii States' i)rtieeis in Briiish ports would
involve a fresh de|)arture from ordinary international usagei>, and, as such, would re(|uire
very serious cunsideratiim. There are, moreover, reasons for doubting the c\pedi-.*ncv
of relying on tins investigation for the purpose of ascertaining whether fire-arms
have been used, owing to the well-known ditlieulty of arriving at any conclusive
iresulls.

I am theivtbie instructed to state that Her Majesty's (Tovcrnment. do not, in the
present circumstances, (eel able to adopt the latter part of Mr. Hamlin's sug'.!estions, but,
1 am conlident that the additional precautions to which Her .Maj-jsty's Government
«re now pre|>aied to ;;ive their assent, and which I have described above, will "be
found fully sufficient to meet the ie(|uirements wi)icb both Governments have in view,
and I vcDtuie to express the lujpe that the United States' Secretary of the Treasury
•nniy, under the altered circuinslauces, .see fit to instruct Ciplaiii C. 1,. Hooper, R.C.S.,
occMrdingly.

I have, ifee.
, • (Signed) GOUGH.

luclosun; 2 in No. 6(3.

Mr. Olney to Viscount Goiiijh.

My Lord, J)cji(iitiiirnt <)/ 'Sliile, WashiiKjIitii. October VA, 181)6.

WITH reference to your note of the I'Ist ultimo, in wbicli a detailed reply is made
to the Department's note of the 2nd July last, on the subject of the use of tire-arms in
Hehring .^^ca by pelagic sealers, 1 hiive the lior.Dur to inform you that I iiave received a
letter of tlie .'ird instant from the .Acting Secretary of the Treasury, reviewing the coirc-
sj)ondencc on that subject.

Without going into unnecessary details, I beg to say that Mr. Hamlin, in the course
of his rcm-irks, calls attention to the " somewhat surprising statement " in your note of the
lilst ultimo, to the efl'.'ct tl-.at llei Britannic Majesty's Ciovcrninent has misgivings as to
whether sealing-vessels woulil he guaranteed Irom intertere.iee even ii the propositions ot
this (Jovernmeiit wen- accepted.

In view of the fad that the sealing season is now finished, so that it would be
iisehss to irive aiiv instructions to sealers at thi. time, anU imsniiieii also as there is

i-oviiJed

iciitary
:t that

SOIIU-

liiif tht'
a Hect
^ntativf
ikcn ill
not tile

oils for

of tllf

as un

S.I

-shortly cxpcctrd ;i npirt frnni FroA ?snr .Ionian ami tlio other infur.ilists sent t<i the
seal islands this summer. I wi.uld sii-'«"*t that the wiiolc om-ritidi: l.p |,ust|..>i<.-(i pcndinjr
the receipt of said report .is eai-h <;(.voriimcnt will then he Iti a l)etf<r position to astrer
upon retjiilation* for the seoson of ls<)7, alter havin- examine,! the iciicrf ot its oxvn

Commission.

I have, ite.
fSigned^ inni MH) OI.XKY.

No. r»7.

I The .^^//■(yuf^•,v af Sdllsbiiri/ to Sir ./. Pnuncrfole.

Sir, ^ Forriiin O/firr, Xavi-mhrr 1 I, 1»>'.M).

WITH refcionce to Viscount Goiish's dcspateh of tlie 14tli Oetohir, von are
authorized to infurm the United Slates' Cloveriimenl that Her M.ijesty's Govern-
ment agree to postpone fiirtlicr (lisciis«.i(Mi in re^'anl to tiie nrranp;oments for jircventinjr
the use of fire-arms in Behring Sea, hut in view of the ohservations eontained in the
eoncludin^ paragraph of Mr. Olncv's note of ilie IStii nltinio, your Kxceliency should
be careful to avoid any expression which might he construed into an admission tlinl
Her Majesty's Government contemplate a revision of the Regulations before th«*
period nomcd by the Arbitration Tribunal has expired.

I am, iStc.
(Signed) SALISBUHY.

No. C8. . „ ,

Sir J. Piiuncctotr In the .\/rtrr/«e.«.v of Salisbury. — (liereired December '20.)

My Lord, Wnshimjton, December 17, 1hl)(».

WITH reference to your liOrdship's desjmtch of tlio 11th ultimo, instnictiii;;
me to inform the Secretary of Statu that Her Majesty's Government agree to the
temporary jjostponcment of the correspondence respecting the regulation of pelagic
scaling in Behring Sea and the Nortli Pacific Ocean, 1 now liave tiie honour to
forward herewith to your Lordship copy of a further note, together with its inclosure,
which I have received from the Secretary of State on the same subject, in which he
points out that the suspension of the discussion left pending two unsettled cpiestions, w hich
lie proceeds to discuss at some length.

Mr. Olncy states that in view of the fact that the time is nearly al hand when tlie
Regulations for the season of 1^!(7 should be agreed upon, the United States' Govern-
ment hope that Her Majesty's Government will find it convenient to give the subject
early attention, and to forward any suggestions they may have to make in the matter.

I have, &c.
(Signed) JULIAN PAUNCEFUTK.

Inclosure 1 in No. (58.

Mr. Oliifi/ h) Sir ./. Piiinirrfiili

I^XC(dleiu'y, Drpur/ment of Slulr. flashiinjtoii, Drrrmber \^u I^JMi.

WITH relerence to the Deiiarimeut's note of the l.'Uli October last, proposing tlie
temjjorary iiostponement of the correspondence concerning the regulation of jiehigic
scaling in Behring Sea and the Nortii PaciHe Ocean, 1 have now the honour to observe
that the suspension of the discussion left tivo unsettled cpie>'ioii-. pendiiiir : *1i'<f. as to
pennitling seal-skins Imded at British ports to be examined ity American inspectors tor
the purpose of determining their sex, and whether or not said s|\ins had hevu shot in
violation of the Paris Award and the British law ; and. second, the proposal for amending
the Regulations on the subject of the use of tire-arms by pelagic sealers.

In reopening the subject, I wish to soy that the Department as^uini- that Her
Britnimic Majesty's Government, in suggesting that the ceriificales of search and the

IMAGE EVALUATION
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Photographic

Sciences

Corporation

23 WIST MAIN STREET

WEBSTER, N.Y. MS 80

(716)872-4503

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scaliii;;uiti)ranii^ (r,fi' l.onl <;(Mi;;h"s note of the 2Nt Septemb«.r, IS'.liJj* >1ki11 i)e accepted
by iJiilrolliiij; ollicers as coiicli!>i\e e\iikiK:e tliat no tire-anns aie concealed on board, iii
effect pioposes tlial under siicli circmnstancjs there shall be no scarcli wliatever of such
vessels. The (jlovenwnont of the L'nited States docs not think that the arran^jemeut
ou^lit lo be made on tliat line. It considers a searcli useful for two purposes: first, it
discloses «iiellier lire-arms or oilier implements arc on the vosel durinn; any prohibited
time in vicdation of law : and, second, whether tliere are on board any seal->idiis, if in a
close seuscm, and wlutlier tlure are any skins which have been shot, it' the vessel has
been enirai^ed in sealinjj in Kehrinjj; Sea where the use of fire-arms is prohibited.

While the sn^';;estion of Her Majesty's Government, if adopted, might properly be
accepted as satisfactory evidence that there were no tire-arms or implements, forbidden
to be used, concealed on board the vessel, there would still remain tiie second question as
to whetlier or not in the close sen.son there were on said vessel skins freshly killed, or, if
in IJebrinir Sea, shot. As re;>ards .\merican vessels, this latter (piestion is settled by a
careful inspection of each skin landed by an expert inspector. This precaution, however,
altliou:ili adopted by the Inited States upon the broad ground that it is absolutely
esseiitial for itrevenling the unlawful destruction of fur-seals, J[er .Majesty's Government
refuses to adojjt and declines to afford the United States an opportunity to make this
inspection for itself by its duly-appointed iuKpectors.

Under the circumstances, it will readily apjiear that if the United States were to
accept tlie suggestion of Her Majesty'.s Government above referred to, it would result in
di.sorimination against .American vessels in favour of those of Great liritain. At this
time the mere I'act of the senling-up <»f arms does not protect American vessels from being
searched ; on the contrary, they have been searched as thorouglily and as righlly as have
the Britisii vessels. The sealing-ui) of arms is merely a part of the evidence from which
the boarding officer knows that said arms could not liave been used in killing seals. To
accept the suggestion of Iler Majesty's Government and cease to search British vessels,
especially in lons' 'eration of the fact aliove stated, that United States' vessels are rigidly
searched, and that no examinations of skin i are made at l$ritish ports, would be to
discriminate douiily against American vessels.

It is believed by this Government to he practicable to discover by an examination
of skins landed whether the seals have been shot or speared ; also as to their sex, except
in the case of pups. 'J'his method, I may observe, has been in practice for the past two
years by the Government of the United States with most satisfactory results, and I take
pleasure in transmitting herewitii, for the information of Her Majesty's Government,
copies of a Treasury Circular, dated the 12tli April. l89o, giving full instructions
respecting the pelagic catch of fur-seals.

The sole object of the jiroposals made by this Government concerning these
subjects was to prevent the unlawful destruction of the fur-seals, an object clearly within
tile purview of the Paris Award, and which seems plainly indispensable, under existing
circumstances, to the proper execution of the respective laws enacted \)y the United
States and Great Britain to carry that Award into ellect. Nor am I able to perceive
that the proposed Regulations would interfere with any lawful business carried on by Her
Majesty's subjects.

In view of the fact that the time is nearly at han.i when the Regulations for the
season of 181) <' should be agreed upon, it is hoped that Her Majesty's Government will
find it convenient to give the sul)ject early attention, and to afford this department the
benefit «)f any suggestions it may have to present.

I have, ifcc.
(Signed) RICHARD OLNEY

Inclosure 2 in No. 68.

Information rexpecling the Pelagic Catch of Fur-senls.

Treasury Department, Office of lite Secretary,
Wa.yhin(jton, D.C., April V2, IfiO').
To Collectors of Customs and others ;

roll the purpose of complyin'i with the .Act of Congress "approved the (Ith April,
1894. "To L:ivc etl'ect to the Awar<« rendered by the Tribunal of .Arbitration, at Paris]
under the Treaty between the United States and Great Britain concluded at Wushiii'-ton,

• Incl.'«iiro I in No. 66.

^Joard, in
■ of such
n;?emeut

first, il
rohibited

if in a
'ssel Jias

>l)erlj IjB
brliiuden
estioii as
J, or, if
oil bv a
However,
«()lutelv
eminent
ike this

the 29tli Fibruary, 1892, lor the purpose of siil)initliiii,' to arbitrati.in certain questions
concerning the preservation of tiie fur-seals," Collectors of Custouis and ibeir (Ifi)uties
are informed tliat the masK'rs of all vessels cnuMijed in fur-st:i| lislierics, whetiier licensed
or unlicensed, must make entry of their catch at the ('u-itoui-iiouse, and at the time of
entry nuisl tile with the Collector, duly verified hv oatli, t!ie othcial lo;,'-l)ook, or a copy
tiicreof, required to he kept by Section 4. Act", the Cth Ajjril, ISiM, and in addition
thereto must furnish under oath tlic information required by the inclosed form (Catalogue
No. 204), which form must le duly tilled out and tiled on entry. Furthermore, each skin
in the said catch shall be inspected at the time of entry by inspect(>rs duly apjioiuted for
said purpose, as to nundicr, sex, and mode of killing', and the result dulv'certified to the
Collector.

When said form has been filed on entry, two copies tliereof shall he jirepared and
certified by the Collector, who will at once forward liy mail one of sncii cojiies to the
Secretary of the Treasury, and one to the Commi-sioner of Fish and Fisheries,
Washinuton, D.C. ; each of said coi)ies shall have annexed thereto a copy of the
lo;,'-book entries as to catch of seals filed on entry of ti>e vessel by the master thereof.

Such additional copies of the form as may be necessary for use will be furnished by
this Department to Collectors of Customs on requisition ; copies of log-books with
instructions as to entries will also be furnished Collectors for distribution.

Copies of this Circular and form will also be issued to the Coinman.lin;; Othcers of
United States' revenue-vessels employed in patrol service in Alaskan waters, by whom
they may be used as a basis for intjuiries when l)oardimr vessels (.'ngaged in pelay;ic lur-scal
fishing.

As a guide to ins))ectors in examining skins, appended hereto will be found outline
sketches of male and female fur-seals, seen from tiie under side after the removal of the
skins, showing the lines along which the cuts are made in skinmng (Figures 1 and -*•) ;
skins of male and female seals, seen from the raw side, showing the positions of the
indentations on the margins of the male skin (caused by cutting through the genital
opening), and of the teats in the female skin, by which the sexes may he determined
(Figures 3 and 4*). The presence or absence of teats furnishes the best evidence as to
the sex represented by the skins of adult seals, the differences presented by tiic skins of
the two sexes being shown in the figures which accompany this Circular. The ttats,
four in number, are situated near the margins of the skin, about midway between the
flipper holes and the tail end. They are not readily discernible, but their positions will
be disclosed by feeling with the fingers over the raw side of the skin, and, when found,
they can eas'ly be pushed through the fur. In the males the teats exist in only an
undeveloped condition, and the genital opening, cut through by the operation of skinning,
forms a sligiit indentation on each margin of the skin, a short distance in advance of the
rear end, these indentations, however, being oltcii disfigured in the cutting. The skins
of male seals over three years old may be recognized by their large size. The sex
of young seals is more difficult to determine, the teats being undeveloped; but traces of
the {jenital openings of the young males may be looked for on tiie margins of the skins
as above described.

If, on examination, a vessel appears to have been engaged in fur-seal fishing within
the area covered l)y Article 2 of tlie Paris Award, witlmut the special licence |)rovided for
in Article 4 of said Award, entry should be refused, and the facts reported at once lo
the United States' District Attorney fcr proper action. You will duly advise the
Department of such action.

(Signed) ClIAllLESJ S. HAMLIN,

, Acting Hecretur;/.

No. no.

The Marquess of Salisbury to f-ir J. Pauncefote.

(Telegraphic.) Foreign Office, January 14, 18l»7.

BFllllINCi SKA.

Piease communicate to the Governor-General of Canada, for the observations of
his Ministers, a copy of Mr. Olncy's note inclosed in your despatch of the 1 7th ultimo.

Inform the United States' Government at the same time that you have dune so, and
explain to them that legislation \ uld be required in the Dominion lor the cumpuUury

Nat rcproitucol.

f'xamination of skiii« I)y cxjjcrt^ whi'ti liindcd iit Canadian ports, and tliat until tlii' rereipt
of the Canadian (lovcrntiicni's views ilcr Miijcsiy's Goveininciit cnnnot. s^o beyond tiic
oflTer which Lord Ooiisli was instructed to riiako in my dispatc!i of the Otli September
last.

No. 70.

Sir ./. Pnunrpfoir to tlu' Mnrqupsx of Snlishiini. — (Rerrivrd Fohriuirii 4.)

My Lord. Wdnhinfjtnn, Janiiarji 2(», ISf)?.

WITH reference to niy despatch of the 17th ultimo, I iiave tlie honour to forward
herewith to your l^ordship cojjy of n note which I have received from tiie Secretary of
State, askini; to he inlortncd as to wlien the Canadian Government will prohahlv be pre-
pared t() fake action in rtiraid to tli(> <]urstion of the inspection of seal-s|<iiis.

I hav;- forwarded a copy oi tills note to his Excellency tJie Govcrn(ir-Gener;il of
< 'anada.

I have, &c.
(Siuniivn JULIAN PAUNCEFOTE-

Inclosiire in No. 70.

^fr. Oinrii lo Sir J. Pnitncefote.

licpurlment of State, Washington,
Excellencv. Jannarii 215, lSi)7.

UEI''KURIN(i to tlic Department's note of the 15th ultimo eoneernina; the*
kcnuhitions of pelagic !?ealinu; in Behrin,!!: Sea and the North Pacific Ocean, and particu-
larly as to the unsettled (juestions relative to tiie ins[)ection of skins and tlie u.se of fire-arms,
I have the honour to acknowledi^e the receipt of your note of the Ibtli instant, statins
that the fornur RcLrulation cannnt be made compulsory without le,u;islation by the Canadian
Varliauieiit. and that until thi- views of the Canadian Government had been received, that
cjf Her Majesty cannot u:o beyond the offer made in Viscount Gouf^h's note to Mr. Rockhiil
of the kOtb September, iN'Jd!

In replv. 1 be;; to say tliat the Department would be much pleased, in view of tlie
near approach of the sealing season, to be informed as to when tiie (^anadian Govern-
ment will probably be prepared to take action in regard to the question (,'' the inspection
of seal-skins.

X llJlVG &t*

(Signed) ' lUCIlAKD OLNEY.

No. 71. !

■' ' The Marquess of Salisbury to Sir J. Paunrefote.

Sir, Foreign Office, Murrh (i, 1807.

1 HAVE rweivcd your Excollency's despatch, forwarding a copy of Dr. Jordan's
proliiniuary lU'iiort on his Eur-seal Investigation in ISOG, whicli was communicated to
you hy Mr. Olney, and which was nft(>rwards presented to Congress. With reference
to Mr. Olney 's recpiest Tur the comniunicafipn of a preliminary Report from the
British Agent who visited tin.' PrihylolV Islands, I have to re(|ue.st' you to inform the
United Slates' ( Jovi-rnmeiit that no fiu'iual record of proceedings has yet been received
from I'rofissor 'rhom)is(<n. hut that Her Majesty's (iovcriiment v'vill he liappv to
furnish them with a copy of in's delinifive Report, which is in a forward state of
preparation, as scm .'is it has been jirintecL

' From such information as nas hitherto been furnished hy rrof(\ssor Thompson,
and the facts as to the present condition of the seal-herd set forth in Dr. Jordan's
Report, there is, a|)pareiitly, no reason to fear that the seal-herd is threatened with
early extermination.

Ilcr Majesty's (loverninent. however, belie. e that some jnodifieation of the .sealing
UcLMitat'ons will he re(iniied .",t the ex|iirafion of the five years' term which was named

receipt
)!!(] the
itembcr

sn7.

orwani
tary of
'fi prc-

>TE.

by the Arl)iti-ati(.ii Tribunal of W.);i. ri,;it p.-n,,,! r\piiTs ,it lii.- cl.i.v t.f ilu- season
of 1H!>8, and it would lie dcsiiuhli: fliat the discn.shiun of the modilu-atiuns, wliicli inav
he found nt'ccssaiy, should taki- jiliicc in tlii' couisiv „f tliat year, in ord<r that th'i-
revised Rei,'ulations may 1 .• ready for adoption before tlio sealing' se ison of 1^!){) i and
ivith fiiisol.jeet in view, Her Majesty's ("Jovernuient are very de>ir..us of sendin;: out
special Ai,'onts a!j,ain in .June next to enrrv on further in.iuirie-. and n1.>.ervatieiis in tlie
I'ribylolV Islaiuls.

Professor Tlioinpson has expri'SM'd Ids vieAs as to the various pi.ints in reijard to
seal life Avhicli recjuire further investigation, to enable Her Miijestv's (ioverjiiui'ut to
consider the question of revising th(> Reiiulations.

The statistics of lornier observers wt.re fou id to all'ord no evidence on wnich an
accurate estimate of the diniimition in tlie "r.iiibir of seals eoidd be baM.d, hut the
careful couut of the seals which was made last sununer forms a valuable standard for
comparison. It is \ov\ essential to ascertain, as far as I'ossible, what lias been the
result of last season's operations ou land and at sea, and also to obtain the latest
information as to th(> number of seals fre(|uentin'.;- the islands.

The result of the joint investiuations showed tliat no 1,'rejit diii'icully was found
in taking 30,0l)(» seals on land in 1^00; and, whatever nundier it may be decith'd to
kill this year, it is important to observe with what dc!,'re<! of facility the total is
reaclu^d.

I'or these n-asons, I'rofcssor 'i'hompson is anxious that Uritish .\i,'ents should
again he appointed, with the sanu- jiowers and th(> sanu- freedom of action as they
enjoyed last year.

I should wish your Excclleiu-y lo communicate the substance of this despatch to
the United States' riovernment, and to recpiest them to lie good enough to arrange
that facilities and accommodation may, as before, he provided for the T?ritish Agents.

Vou .should also state that Agents will be sent to the Conimaiuhir and Hobhen
Islands, and thai an application has been made to the Russian Government on this
subject.

» I am, itc.

fSjgi.ed) SAl-ISHUKV.

No. 72. '■"

... <;..'.

Tlf Murquesa of Salisbuiy to Sir J. Pauncffotc. ' ' '"''

Sir, ' I'arcitjn Ojflre, Muirh '.), 1807. "

IX your E.\ccllcncy's despatch of the L'4th July, iSOii, forwarding a copy of a
note from Mr. Kockhill, Acting Secretary of State, it was stated that the IJnitcd
States' Government would give their carefal consideration to the alternative proposals
of Her Majesty's Government with regard to the representation of the United States
by counsel at the trials of Britisli sealing-vesscls seized by .Vmcrican revenue-crui.sers in
Behring Sea.

I should wish your Excellency to endeavour to obtain an ansrtcr from tlie United
States' Government to tlie suggestion that they should enter into an agreenu'nt to satisfy
the Judgment of the Court if the seizure should be held to he wrongtid. an arrangement
being at tlie same time made by which they should employ solicitors and counsel, and
conduct the prosecution of the suits in the name of the Crown.

In the opinion of iler Majesty's Government, it would be more satisfactory tliat
each country should become responsible lor the prosecution of vessels seized by its
otiiccrs, and in support of this view you should refer to tiie seizure of the " Beatrice"
in 18U."), in conscciucnce of which Her Majesty's (Jovernment have had to pay costs
and damages amounting to 734/. 1 autliorized you in my despatch of the L'2nd May,
ISOO, to state that IJer Majesty's Government would not feel justilied in proceeding
•Aith an appeal in this case, as requested by Mr. (31ney, utdess the United States'
viovernmeut were prepared to bear the cost and to sutisfy any damages which the
Court might award. It would no doubt have been better in this inst:inco that the
prosecution should have been conducted from tlie outset by the United States' (jovern-
ment, who would then have tlieiv,selves been at liberty lo decide on tlie t|iiestioii ot
appeal.

Vou should lake this opporluiiity of staling, with reference to .Mr. Oiir'y's note
of the 1 -'th December, 1890, a copy of which wis inclosed in yo;;r despatch of tiie 17th

Decenibcr last, that Her Majesty's (Jovcrnnicnt are ^>till in correspondence with tin
Canadian (iovernnient respecting the Supplementary Ilegulations desired by the Unitcl
States' Government, providing for the examination of seal-skins at Canadian ports, and
for the Kcaling-uj) of fire-arms on board British vessels, and that a further communi-
cation will be made on these subjects as soon as possible.

I am, &c.
(Si-ued) SALISilUllY.

No. 7.'J.
Sir J. Pauncefote to the Minqtiexs of Salisbury. — (Received March 29.)

Jly Lord. Washington, March 19, 1897.

WITH reference to my despatcli of the 2oth January last concerning the
inspection of seal-skins and the use of fire-arms in Beliring Sea, I have the honour to
transmit iierewith copy of a further note which I have received from the Secretary of State,
rcquestini;; that a reply to Mr. OIncy's note (c()|)y of which accompanied my above-
mentioned (lespatcli to your Lordship) may be expedited.

I have for\vardc<l a copy of the note, lierein inclosed, to tiie Governor-General of
Canada.

[ have, &c.
(Signed) JULIAN PAUNCEFOTE.

Inclosure in No. 73.
Mr. Sherman to Str J. Pauncefote.

Excellency, Department of Slate, Washington, ifarch 12, 1807.

ADVERTING to the Department's note of the 1.5th r>eccmber, 1S9«, in
regard to the proposed adoption of amended regulations for jjeiagic sealing in Behring
Sea and the Nortli Pacific Ocean, particularly as to those concerning the inspection of
skins and the use of fire-arms, and to your r.ote of the 16th January last, stating that
the proposed re;;ulations, in so far as the same relate to the inspection of skins, cannot
be made compulsory without legislation by the Canadian Parliament, I have the honour,
in view of the near approach of the opening of the sealing season, to recall your
attention to Mr. Olney's note of tlie •J.3rd .January last, asking to be informed of the
date when the Canadian Government would take action in regard lo the inspection of seal-
skins.

The urgency of this matter must be apparent to Her Majesty's Government, for which
reason I trust that you will do all that in your power lies to expedite a reply upon this
subject.

I have, &c.
(Signed) JOHN SHEUMAN.

No. 7-I-.

Sir J. Pauncefote to the Marquess of Salisbury — {Received April I.)

My Lord, Washington, March 23, 1897.

I HAVE the honour to inclose iierewith copy of a note which I have this day
addressed to the United States' Secretary of State, in compliance with the instructions
conveyed in your Lordship's despatch of the 6th instant, with regard to the revision
of the Sealing Regulat'ons and the reappointment of British Agents to visit the islands.

I have, &c.
(Signed) JULIAN PAU..'CEFOTE.

ith til,

Unite!

rt.s, and

nimuni-

II V.

Inclosure in No. 71,

Sir J. Fnuncffote to Mr. Sherman.

Sir, Washington, Murch 23, I'?'.)?.

WITH reference to an intjuiry made by ycur predecessor on the 4th January last
respectini; the Report of Professor D'Arcy Tlionipson, British Commissioner in cltarge of
the fur-seal invcsti<j:ation for 1896, I have the honour to inform you, by direction of the
Marquess of Salisbury, that no formal record of proccedinj^s has yet been received from
Professor Thoir. on, but that Her .Majesty's Government will be happy to furnish the
United States' (jovernment with a copy of his definitive Report, which is in a forward
state of preparation, as soon as it has i)een jjrinted.

From such information as has hitherto I een furnished by Professor Thompson, and
the facts as to the present condition of the seal herd set forth in Dr. Jordan's Keport,
there is apparently no reason to fear that the seal herd is threatened with early
extermination.

Her Majesty's Government, however, believe that some modification of the Sealing
Regulations will he required at the expiration of the five years' term which was named by
the .Arbitration Tribunal of 1893. That period expires at tiie close of the season of 189s,
and it would be desirable that the discussion of the modititalions which may be found
necessary should take place in the course of that year, in order that the revised llesjula-
tions may be ready for adoption before the sealing season of 18(l!) ; and with this object
in view Her Majesty's (Jovernment are very desirous of sending out special Attents
again in June next to carry on further inquiries and observations in the PribylofF Islands.

Professor Thompson has stated to Her Majesty's (jovernment his views as to the
various points in regard to seal life, which require further investigation, to enable Her
Majesty's Government to consider the ques'^ion of revising the Regulations.

The statistics of former observers were found to attord no evidence on which an
accurate estimate of the diminution in the number of seals could be based, but the caretul
eount of the seals that was made last summer forms a valuable standatd for comparison.
It is very essential to ascertain as far as possible what has been the result of last season's
operations on land and at sea, and also to obtain the latest information us to the number
of seals frequenting the islands.

The result of the joint investigations showed that no great difficulty was found in
taking 30,000 seals on land in 1896 ; and, whatever number it may be decided to kill this
year, it is important to observe with what degree of facility the total is reached.

For these reasons Professor Thompson is anxious that British .\gents should again be
appointed, with the same powers and the same freedom of action as they enjoyed last
year.

In communicating the above I am directed by my Government to express the hope
that the facilities and accommodation which were last year provided for the British Agents
may be likewise afforded on this occasion.

I may add that Agents will be sent to the Commander and llobben Islands, and that
an application has been made to the Russian Government on tiiis subject.

I am informed by telegraph by the Marquess of Salisbury that Professor Thompson is
<)esirous of starting on the 8th April via Japan, and to visit the Russian islands in the tirst
instance. In view of the very short time which remains, I venture to ask you to be good
enough to favour me with a reply to this note at your earliest convenience, in order that
1 may be able to report by telegraph to Lord Salisbury whether the United States'
Government are willing to afford the facilities, to which I have above alluded, to the
British Agents.

I have, &c.
(Signed) JULIAN PAUNCEFOTE.

No. 75.

Mr. White to the Marquess of Salisbury. — {Received April 10.)

The Embassy of the United States, ■^ndon,
My Lord, April 10, 1897.

I HAVE the honour to inform your Lordship that, as a result of the investiga-
tion mailc last year in Alaskan waters by Dr. Jordan, with whose views Professor

L638J ' %

Thompson, wlio was sent ])y Ilcr Majesty's GoTcrnmcnt to make similar investii^'ations,
is licliovcd to crmeur, tlie present state of tlic Alaskan seals lias forced itself in the
midst of the many eares attendini; the organization of the Administration upon the
attention of tlie President of the United States, to wlioni the depleted condition and
prospeetiv(! early extinction of tlu; henl are a matter of i,'rave concern. I have
received urijent tfl('i.'m|)hie instructions, tlierefore, to hring tlie subject to the
iiinnediate attention of Her Majesty's riovernment, and to commuuicate the
President's earnest hope and ex]»eetation that effective measures may at once l)e
adr)pted by the res]»ective fJovernments with a view to putting a stop to the indis-
eritniiuite siaui^iiter of the seals throush jK-la^ic sealing.

I am instnictetl to suirire^t to Her Majesty's Government that, in the opinion of
the I're^ideiit, a modus viifiull haM-d upon that of 1S!)1, with equitable provision for
the various interests involved, suspendiuL' all killini; of all seals during the season of
18!)7 in IJehritii; Sea, shoidd l)e airi-eed upim without delay, and that this should be
accompanied by an arranu'einent for a joint Conference at an early day of the Powers
coneenied for the purpose of asn-eini: upon the measures necessary for the preserva-
tion of the seals in the North Pacific from extermination, and of restoring them to
their nornial condition with a view t) their continued existence.

To defer t ikin^' up the subject until after the termination of the season 1898, as
contem|)lated by the Award of the Tribunal of Arbitration at Paris, would, in the
opinion of my (iovernmcnt. be fatal to the ol)ject in view, as, should the destruction
continue duriu'.' two more seasrms, then* will be no occasion, owing to disappearance
of the seals, for a Conference. The Pirsident sees, therefore, no escape from the
conviction that there is urirent necessity for prompt action such as I now have the
honour to propose on his behalf, and iu so doing I am instructed to say that if Her
^^ajesty's Government should see their way to agreeing to the modus vivendi lierein
suirgested, my Government will have pleasure in giving full opportunity to Professor
Thompson and his assistants to visit the seal islands in accordance with a request to
that effect which has been made by the British Ambassador at Washington.

In view of the approach of the sealing season, and of the consequent importance
that the President should be in a position to know as soon as possible whether In; may
count, as he hopes, upon the friendly co-operation in this matter of Her Majesty's
(Jovernment, I have the hommr, iu accordance with the instructions of the Secretary of
State, to ask your Lordship to be so j^xkI as to cause a reply to be sent to this note at
the earliest date which may lie practicable.

I have, &c.

(Signed)

H. WHITE.

i!!

No. 76.

The Marquess of Salisbury to Mr. H. White.

Sir,

Foreign Office, April 12, 1807.

T JIAT) the honour to receive tlie note which you were good enough to leave at
this Ollice on the 10th instant, conveying pro])osals from the United States' Govern-
ment for a Iresh modux viifiidi, simihir to that of 181)1, with regard to the seal fisheries
in Hehring Soa, and for an arramrement for a joint conference of the Powers concerned,
to discuss the measures nect-ssary for the preservation of the seals.

Your communication will receive the immediate consideration of Her Majesty's
Government.

I am, &c.
(Signed) SALISBURY.

■1

No. 77.

Sir J. Pauncefote to the Marquess of Salisbury. — {Received April 14.)

(Telegraphic.) Washington, April l-l, 1897.

\ViriI reference to your Lordship's despatch of the 6th March, I have
received a verbal assurance from the Department of State to the effect that tlie
lacilities asked for on belialf of Proftssor Thomf sou will be accorded. The United

stations,
ill the
[)<)ii tlio
ion and
I lave
to tlie
ite tlie
•nee be
iiidis-

States' Government hope that Dr. Jordan may accompany Professor Thompson on his
journey.

The reply from the United States' (government has been greatly delayed, but a
note on the subject has been pnmiispd to nie.

I have sent to your Lordship by the mails of the 9th instant and this day two
important despatclies reccn-dini; an interview with Mr. Sherman, and inclosing a note
from him reopeniiiEj the question of the JJe^ulations eoncernint,' the fur-seal fishery,

nnri iirnssinfr ihni flip nin//iiv flipnili ulirtuld )\r> i-i>i><>n'n>l iln'o cnn.^-,-, n.,.1 n f <....r.,-,....... ^t

and pressinf^ tliat the vwdus viiPiuli should he renewed this season", and a Conference of
the Powers interested be immediately summoned.

The Honourable J. W. Foster, who was United States' Af^ent at the Paris
Arbitration, has beer nominated by the President a C<nnmissioner, to carry on the
nef»otiations and conduct the correspondence on the subject on behalf of the United
States' Government.

.-'a

No. 78.
Sir J. Pauncefote to the Marquess of Salisbury. — (Received April 1 7.)

My Lord, Washington, April 9, 1897.

YESTERDAY beini? the day set apart by the SccretarA- of State for receiving the
foreign Eepresentatives, I called on Mr. Sherman at the Department of State, and,
after transacting some formal business, be suddenly introduced the subject of the fur-
seal fishery, and asked mo whether I had not had some recent nci^otiation with his
predecessor on the subject. On my replying that nothing had passed between Mr.
Olney and myself except w hat appeared in tlu! official correspondence, he proceeded to
state that he was anxious to know how Her Majesty's Government would view an
arrangement among all the Powers interested, that is to say, Great Britain, the United
States, Russia, Japan, and Hawaii, to prohibit absolutely the killing of fur-seals both
on land and at sea for such period as might be found necessary to enable the herds to
recuperate and regain their normal numbers, the gradual decrease of which during the
preceding years pointed to early extermination of the species. This fact could no
longer reasonably be doubted in view of the statistics and of Uni reports of scientists,
and the danger had to be faced. The only practical solution that presented itself
was to adopt the recommendation of the Behring Sea Tribunal of Arbitration formu-
lated in the second paragraph of the Declarations appended to the Award, and to
carry it out on a larger international basis. He was convinced that, as regards the
nations not parties to the arrangement, no fear need be entertained that they would
refuse their adhesion to it in furtherance of the beneficent jnirposc in view.

In the meantime, a Commission might be appointed to watch the effect of the
measure, to advise as to the proper time for the resumption of the industry, and as
to the conditions and regulations under which it should be carried on both on land
and at sea, with a view to the preservation of the species, and to an equitable adjust-
ment of the rights and interests of all parties.

Mr. Sherman added that Great Britain was quite as much interested as the United
States in the recuperation of the fur-seal species, and both countries should be equally
willing to make the sacrifices which might be necessary to insure so advantageous a
result.

As regards the United States, he believed that such an arrangement would be
heartily welcomed and accepted by Congress.

Finally, Mr. Sherman asked me to sound your Lordship as to your views on the
subject of his proposal, which, if favourably entertained, might, he thought, bo carried
out next year.

I promised Mr. Sherman that I would submit his observations and suggestions to
your Lordship, and I should be glad to be favoured with instructicms as to the language
which I should hold to him on the subject.

I have, &c.
(Signed) JULIAN PAUNCEFOTE.

I'?

[638]

N 2

1^1

No. 79.

Sir J. Pauncefote to the Marquess of Salisbury.— (Receiveil April 21.)

My IjOti], Washington, April 13, 1S!>7.

IN my despatch of the 9tli instant, I had the honour to report the lanjyuagc
held to me by the new Secretary of State, Mr. Sherman, on the subject of the fur-
seal fishery in the North Pacific, and his proposal for an international arrangement
on a wide' basis, for the recuperation of the fur-seal herds, which, in the opinion
of the scientific advisers of liis Government, are decreasing in numbers with a
rapidity which threatens early extinction.

The followina: ^''\v, but too late for transmission by the same mail, I received a
note from him, of which i have the honour to inclose a copy.

This note is a reply to that which I addressed to him on tiie 2;?rd ultimo, undir
the instructions contained ia your Lordship's <lespatch of the Gth ultimo, and of
wlii^h a copy was inclosed in my despatch of the 23rd ultimo.

The note enters into statistics in support of the contention of the United States'
Government, that " pelagic sealing if persisted in will, sooner or later, result in
practical extermination,' and strongly urges the suspension of all killing of fur-
seals ia 1897, and a joint Conference, at an early day, of the Powers concerned to
agree upon measures necessary to preserve the fur-seals of the North Pacific Ocean
from extermination, and to restore them to their normal condition for insuring
continued existence.

No reply is made to the request that facilities may be granted to Professor
Thompson to visit the PribylofI' Islands again this year, but I hardly tliink that it
is intended to withhold them, and I hope to obtain a favourable answer in a few
days, in whicli case i will advise your Lordship of it by cable.

I have, &c.
(Signed) JULIAN PAUNCEFOTE.

Inclosure in No. 79.
Mr. Sherman to Sir J. Pauncefote.

Excellency, Department of State, Washington, April 9, 1897.

CIUv^UMSTANCES beyond my control have delayed an answer up to this
time of the note you flid me the honour to address me under date of the 23rd
ultimo, wherein you advise mc of the desire of your Uovernment that Professor
Thompson should revisit the seal islands in Behring Sea, and that the same facilities
and accommodations which were last year provided for the British agents may be
afforded on the contemplated visit.

The Government of the United States has always cheerfully welcomed the visit
to the Pribylotf Islands of duly authorized British agents, who were desirous ol
making an impartial and .scientific study of the seal herd which has its home on
those islands, and if your note had been confined to this request, it would have
received tiic prom|)t and favourable reply for which you ex|)ressed a desire. But it
contained statements of fact and conclusions reached by Her Majesty's Government of
such a serious character, that I (elt it my duty to lay the note before the President for
his consideration and instructions. Notwithstanding the many and absorbing
questions which demand his time in the inauguration of his Administration, he has
given to the subjects suggested by your note the prel'crential attention which their
importance demanded, and though he has as promptly as possible devoted his time
to the examination and consideration of the facts and correspondence, I have not
until the present been able to make the response to your note which, a due regard
for its tenour required.

The President instructs mc to say that he is greatly concerned as to the present
depleted condition and the prospective early extinction of the Alaskan seal herd,
^e cannot agree witii your note as to the conclusions reached by Dr. Jordan in his
Report.

Unfortunately for the Government of the United States, it does not have
the information contained in Professor Thompson's ll"port possessed bv Lord
Salisbury Keeling that tne results of the investigations made in l>?rt6 bv the

ived

scientists of the two Governments bliould bo respertivcly made known to cacli other
at the ef.rlicst priictical)lo date, my predecessor caused Dr. Jordan's lleport to be
promptly prepared, and copies of it have been in the hands of lite Hritish Covern-
ment for sometime past. It is much regretted that a similar cinnse was ntit
pursued as to the Report of Professor Tiionipson, and pi( uliarly milortiiiiate tlial
another season of |)ela<j;ic sealing; should !)(• entered uj on without an\ opportunity
on the part of my Government to examine the Report.

The President is, thereCore, forced to reach his c(Miciiision on the points treated
of in your note by a careful study of Dr. Jordan's Report, and other ascer'ained
facts and statistics.

Dr. Jordan's Ueport shows conclusively tliat there has been a distinct and
steady decrease lioth in the total numi)cr of' brccdinp; seals and in the niimler of
harems of breeding cows in the season of ]Mlf), as compared with that of 1S!»5.

It further appears from said Report cfmclusiv^lv, that this diminution has been
cansed by pelagic sealing, the most destructive t-flects of which are manifested in
Behring Sea in August, at which time at least two-thirds of the catch consists of
females who are then leaving the islands for food for their pups.

It is further shown that the number of pups thus dying from starvation, their
mothers having been killed at sea, amount for the season of IS'M to about
14,473.

It is further apparent from said Keport that it was as easy in 1^80 to procure
100,000 skins on land of the same quality as those taken (luring the season of INM
as it was to obtain the catch of last year's, namely, 30,000. The number of
breeding females is not over one-fourth as many now as in 18*^0. These facts lead
Dr. Jordan to the positive conclusion that pelagic sealing will ultimately result in
the practical extinction of the herd.

Turning to the statistics of the catch in Rehring Sea. it appears that ."^7 vessels
in IBOt killed 31,585 seals, while in 1890 07 vessels only secured 2<),5(»0. The
average catch per vessel in Behring Sea in 1894 was 853, as compared with 440
in 1806. It may be claimed that the lanrl catch increased in 1^00, as compared
with 1805, from 15,000 to 30,000, and that this may liave had some influence upon
the decrease of the pelagic catch of ILOtiO in 1800 as com|)ared with 1895.

It should be remembered, however, that the average percentage of females to
male:^ in the Hehring Sea catches of both British and American vessels was about
two-thirds females to one-third males.

At the utmost, therefore, the increased catch on the islands would have afTceted
the pelagic catch a little more than 4,000 skins, leaving a decrease of at least
10,000 unaccounted for except by a falling-off in the female seals.

It should further be remembered that the catch on the islands was increased in
1890 to 30,000, because ir. was plain upon scientific investigation that the dangerous
mortality among female seals brought about by pelagic sealing iiad left the
number of bulls greatly in excess of the due proportion between the sexes, and
to properly care for the herd it became necessary to remove as far as possible
this menacing excess of male life upon the islands.

The further startling fact appears that in Behring Sea the total catch
decreased from 44,169 in 1895 to "JO, 500 in 1896, a decrease of ;{;; per cent, in
the herds' capacity to yield a pelagic catch, and if allowance is made for
the seals which the pelagic sealer was prevented from taking by the increased land
killing of 1896, the percentage of decreases in the capacity of the herd for such a
yield is still found to be about 25 per cent, in one year.

When it is further considered that the present number of breeding seals (a
little over 143,000 in 1896) is but little more than one-half of th<' number
(280,000) computed to be on said islands in inyo, it must become evident that
before arrangements can be concluded for the new regulations for the season of
1899, there is grave reason to fear that the herd will have reached a stage so
low that recuperation can be secured only with great <litliculty, if at all.

From the foregoing and other facts which might be cited, the President is
forced to express his strong dissent from the conclusions which seem from your note
to have been reached by Her Majesty's Government, that there is no such imminent
danger of the early extermination of the seal herd as to call for any action by the
two Governments before the close of the season of 1898.

On the contrary, he feels that if the destruction goes on meanwhile there will
be little occasio » for action then, as the herd will l)e so far reduced as to render it»
further protection fruitless. The expression "no reason to fear tiiat the seal herd

Jj'i

is tliiciitfiicil with early extermination" is noted with surprise. Is it the intention
of the Hritisii (iovernmeiit to dehiy action nnlil the verj^e of extinction is reached -
Does (hat course commend itself to its sense of justice and humanity J Is it ri;;ht
that tlic f;reat interests of a friendiv I'ower an(l the existence of a useful race of
animals should he exposed hy the continued practice of a means of slau-jfhtcr which
it is conceded will ultimately result in their destruction?

The i'aris Tril)unal readied the conclusion, upon the facts before it, that
a ((Tlain amount of pela^nc sealing could he carrie<l on without serious danger
to tin,' continued existence of the herd, and upon this conviction it authori/.eil the
practice of pelagic sealing under certain restrictions as to time and methods.
Hut the experience of the past years since the decision at Paris has shown that
the conclusion there reached is not sustained l)y the facts, and that pelagic sealing, if
persisted in, will, sooner or later, result in practical exterm. nation. Such being the
ascertained fact, it seems to tlic President just and right that the |)ractice autho-
rized by the Tribunal under a fallacious conclusion shouhl be abandoned or
modilicd in such a way as to accomplish the declared purpose of liic Paris Arbitration,
the continued existence and preservation of the herd.

In view of the foregoing conclusioi's, the President has directed me to com-
municate by cable to the Kmbassy in I ondon his desire that the subject be brought
at once to the attention of Lord Salisuury, with the urgent request that a modus
ritendi should be agreed u[)on, with etpiitable provision for the interests involved,
suspending all killing for tie season of 18J)7 ; and tiiat this should be accompanied
by an arrani;ement for a joint Conference at an early day of the Powers concerned
to agree upon measures necessary to preserve the seals of the North Pacific Ocean
from extermination, and to restore them to their normal condition for insuring
continued existence.

Our representative in London was instructed to urge an early answer to the
pro[iosal, as the President desired to know whether he could rely upon the friendly
co-o|>cration of <>reat Hritain.

in communicL'.ting to you, Air. Ambassador, the foregoing action of the President,
I invoke your good offices with your Government at London to secure from it such
favourable action as w ill teiul to cement our relations of cordial co-operation and
frieiulship.

I have, &c.
(Signed) JOHX SHERMAN.

Sir,

No. 80.
The Marquens of Salisbury to Sir J. Pauncpfote.

(Tclcgrapliic.) Foreign Office, April 21, 1897.

A NOTl] in the sense of your despatch of the 13th instant was presented by
United States' Charge d' Affaires, except that permission to renew investigation was
made to de|)end upon accei)tance of proposals.

You will receive instructions for reply at the earliest date possible.

Danger of extermination is shown by Thompson's lleport not to be imminent.

No. 81.

Sir J. Pauncefote to the Marquess of Salisbury, — (Received April 22.)

(Telegraph ie.) Washington, April 22, 1897.

WITH leferenee to your Lordship's telegram of yesterday's date, 1 Iiave the
honour to report that the Secretary of State has addressed a note to me, in which
he states that his Government will welcome the visit of Professor Thompson to the
Seal Islands, and will at once issue ordera to the local authorities to grant him
facilities similar to those extended to him last season.

intention
ri'.icliod 'f
it riijlit
I race of
er whicli

it, that
tianger
izeil the
Methods,
wii that
Pilling;, if

e uiitlio-
oneil or
tration,

No. 82.
The }r(irqueiis of Salishur;/ In Sir J. Pauticrfote.

^'''' -iM. V- r, Foni.jii OJfirr, .ipril ii.^'-'M.

I 'I UANSMIT to your Kxcellencv herewith a copy of a note from tlie Unit <l
States' Char!.'c d'Adaires,* statins;- that he has received instructions to hrinj; tlie
qnestion of the fur-seal fishery in lichrin- Sea to the immediate attcnlion of Her
IMajesty's CJovernment, and to express theearnest iiope of tiie i'lesidenl tliat elFeetive
measures may he at once taken by tlie respective Covcrnments in order to put a stop
to the indiscriminate slaugliter of the seals throu-jh |)ehi-;ic :.caMntf. It is suej-
ijested tliat amodus vivrnili, similar to (hat of IS')]. sh()ui<l be .; -ed to, to be followed
hy a Joint Conference of the Powers concerned, with a vi.^ to th.- necessary
measures bein-;- adopted for tiic i)reservalion of the seals in the Ndrlh I'acilic.

It is further statctl that in the event of Her AIair>,tv's Uovertunent con-
currin;:; in these proposals, full opportunity will be jventu Professor d'Arcy
Thompson to visit the Seal Ishinds, in accordance wjUi the re(pi>st which w:ih
made to th^ I' i icd States' (Government tlirou<;h your Excellency.

Her -Majesty's Government were convinced that the Uniied States' Govcni-
me/i dill not intend to refuse all further opportunity for investif^ation uidess these
proposals were accepted, and I have accordingly been glad to receive \our K\ceU
loncy's telegram of the 11th instant, stating that the recpiisile facilities uil' De
accorded to Professor Thompson, to enable him to visit the islamls again this
sea.-;on, and that Dr. Jordan will, it is hoped, join him iii his tour.

The above urgent application is reported to l)e based on the result of
Dr. Jordan's investigatious last year, in which, it is stated, Professor Thomi)son is
believed to concur.

I am now al)le to inclose for communication to the I'nited States' (lovernment
copies of Mr. Thompson's Report,t fro;-.i wdiich it will be seen that the Presi<lent is
mistaken in supposing that, in the opinion of the British Agent, there is any imme-
diate cause for alarm.

Ur. Jordan's Report, moreover, has been carefully examined, and does not
appear to contain any facts which would warrant the statement made in
]\lr. White's note as to the "depleted condition and prospective early extinction of
the herd."

On the contrary, both Reports are, generally, to the effect that the nutiU)er of
seals in 189(i showed no evidence of any measurable diminution as compared with
180.'), and that no immediate danger is to i)e apprehended to the herd, which
appears to be ia a much better condition than was reported in 18J)4 and ls95.

For instance, in commenting on the statistics for 1805-96 for St. George Islamis,
Mr. Thompson states at page 7 of his Report, that, although the figures may not
afford any positive evidence of an actual increase of the herd between tiio seasons
of 1895 and 180G, on the other hand, it is abundantly clear that there is no
evidence at all to show a decrease during that period, and that the state of the lierd
on the island is, at least, very much better than it was believed to be from the
Reports of the American agents in 1805. <le further observes (page 17), that had
the decrease in the rookeries been as great and evident as it was reported to be up to
189.'), the ne.\t twelve months would surely have shown signs still more unetpiivocal
of continued impoverishment of the stock. The |)hotographs, however, show with
very few exceptions an identical record. The harems were counted in both years
by the same agents, and all the rookeries but one show a large increase in the latter
year. Owing to the stormy weather prevailing during the last sealing season the
pelagic catch ivas much reduced, the catch in Behring Sea having only t)een about
two- thirds o" that of 1895. The low prices, moreover, realized for last year's
skins are likely to lead to a smaller number of vessels fitting out for tlie fishery this
season ; and there is, therefore, no information before Her ifajesty's Govern-
ment to warrant the belief of the United States' Government, that to defer taking
up the subject until after the season of 1808 would ho fatal to the preservation of
the herd.

Similar statements as to the immediate disappearance of the herd have been
made in previous years, but experience has shown that the fears then expressed
were groundless, and Her Majesty's Governincnt are convinced that they will |;:()ve

» X? "j. t " United St.il.' Nq. 3 (.1897)."

to be equally so on the present cccasion. The small catch and low prices obtained
lor the skins'last year brought many of tiie owners of the sealing vessels to the verge of
bankruptcy, and were Her Majesty's Government to prohibit pelagic sealing altogether
for this vear, it would mean the probable ruin of a considerable number (»f British
subjects eii;;aged in a lawful industry. Of course, if the United States' Govern-
ment are prepared to L'ive adequate compensation to the sealing fleet on account of
its enforced abstention from the fishery this season, Her Majesty's Government
would have no reason for refusing their assent to the proposal for a modus vivendi, but
they do not gather that such is the case, and it would be impossible lor them to
submit a vote to Parliament for the purpose, holding as they do that no sufficient
reason has been shown for its necessity.

As regards the proposed Conference, Her .Majesty's Government are of opinion
that further investigation is necessary on many points connected with seal life
before the questions at issue could be discussed with the hope of attaining any
satisfactory result.

Dr. Jordan and Professor Thompson are agreed that it is most important that
an accurate count of seals on tin; principal rookeries should be made during several
seasons in order to ascertain the changes from year to year, and there are other
important points mentioned in the conclusion of Mr. Thompson's Re|)ort on which,
pending further in(|uiry, he finds it desirable to suspend judgment.

It is atlmitted that the investigations carried out last year afforded for the
first time any really reliable statistics in regard to the condition of the herd, and
that all previous reports received on the subject are practically valueless for
purposes of comparison.

To estimate accurately the effect on the herd of the various agencies now at
work, reliable statistics, extending over a suWicient period to enable accidental
circumstances to be eliminated, should be available, and Her Majesty's Government
must adhere to the view set forth in my despatch of the 6th ultimo, that fi'rther
investigation is required before the question of revising the Regulations can be
considered.

Your Excellency will read this despatch to the Secretary of State, and leave a
copy of it with him should he desire it.

I am, &o.
(Signed) SALISBURY.

No. 83.
The Marquess of Salisbury to Sir J. Pauncefote.

(Telesrnphic.) Foreign Office, April 28, 1897.

BE II RING SEA.

Your telegram of 22nd April.

Mr. Macoun is not mentioned.

AVe presume that, pending Professor Thompson's arrival on the islands, he will be
accorded facilities required for investigation.

No. 8-4.

The Marquess of Salisbury to Sir J. Pauncefote.

(Telegraphic.) Foreign Office, April 28, 1897.

WITH reference to your telegram of Uth April.

Professor Thompson jjroposes in first instance to visit Russian islands, whither
he will proceed sliortly after his arrival at Yokohama about the 30th May. He will
remain at Russian islands till towards the end of July.

You should inform Ignited States' Government should Dr. Jordan desire to join
him. Admiralty could provide passage for him in one of Her Majesty's ships from
Yokohama.

I obtained

verge of

11 together

K British

Gorern-

ccount of

k'ernment

\iendi, but

fhem to

IsuHicicnt

opinion
I seal life
ling any

No. 85.
Sir J. Pauncefote to the Marquess of Salisbury. — (Received May I.)

My Lvord, Washinyton, April 20. 1897.

WITH reference to your Lordship's desjiatch of the i;Uh Mav hist.« in
Avhich your Lordship instructed me to aseertain tiie views of tlic TnUed States*
Government as to the proposition tliat in future ail suits br()u<;!it in Hritisli Courts for
condemnation of Britisli sealin£f-vesscls seized by American olliccrs for viol.ition of the
Bebring Sea Award should be conducted in 'the name of the Crown by Counsel
employed by the United States' Government, and that the United States should
further enter into an Agreement to satisfy the Judgment of the Coin-t if the ^(M/.ure
should be held to be wrongful, I have the honour to inclose copy of a note which
I have received from the Secretary of State in reply to my in([uirics on the sui)joct.

Mr. Sherman states that, for the reason set forth in* his note, th(> United SUites'
Government are not disposed to agree to the proposal made by Uer Majesty's Govern-
ment.

I have, &c.
(Signed) JULIAN PAUNCEFOTE.

now at

xidental

ernment

KTther

can be

Inclosuro in No. 85.
Mr. Sherman to Sir ./. Pauncefote.

Excellency, Washinyton, April 17, 1897.

I HAVE the honour to acknowledge the receipt of your note of the 2'lth ultimo,*
asking to be informed of the views of this Government as to the proposition contained
therein; and also, in an earlier note of the 25th June last, to the effect that in the
future all suits brought in British Courts for condenniation of British sealing-vessels
seized by American officers for violation of the Bebring Sea Award be conducted in th«!
name of the Crown by Counsel employed by the United States' Government, and that
the United States should further ent(>r into an agreement to satisfy the Judgment of the
Court if the oizures should be held to be wrongful.

The proposition has received the careful consideration of the Government, aiul I
beg to reply that the suggestion contained in your note cited above grew out of a
request that the British Government give its consent to the appointment of Counsel
to represent the United States in proceedings brought against the "Shelby," and to be
brought against other British vessels for violating the Behring Sea Award Act. It
was not intended, however, by that request to convey the impression that the Govern-
ment of the United States desired to become a party to the proceedings, but menily that
the privilege wa.-, desired of watching the progress of the trials, and of making
suggestions fron- time to time as to matters in issue which aifect, or might affect, the
interests of the United States.

This privilege was very kindly accorded in your note of the 25th June, 189(1, ami
fully satisfied every wish of this Governmtmt, which api)reciate8 every effort that has
been and will be made by Uer Majesty's Government to punish infractions of the said
Act by British subjects. Upon careful reflection, therefore, I can see no oerasion lor
entering into the further arrangements suggested in your note to my predecessor of the
25tii June, ISOO, and recalled to my attention in your note of the 24th ultimu.

I haAC, &c.
(Signed) JOHN SHERMAN.

No. 86.

Sir ./. Pauncefote to the Marquess of Salisbury. — {Received May I.)

My Lord, IVashinylon, April 20, 1S97.

WrrH reference to your Lordship's despatch of the (5th ultimo, instructing me to
request the United States' Government to arrange that facilities and accommodation

[638]

* See alio No 7 -J.

shoiilil, as In-forc, be provided for the British Agents on their visit to the Pribyloff
Islands, I have the honour to transmil herewith eopy of a note which I iiavc received
from Mr. Sherman, stating that the United States' Government will welcome the visit of
Professor Tliompson to those islands.

. .,- . (Signed) ' JULIAN PAUNCEFOTE.

xr* -^

IncloBure in No. 86.

Mr. Sherman to Sir J. Paunrefote.

Excellency, Washington, April 16, 1897.

I HAVE pleasure in confirming and repeating the oral assurance heretofore given
to you that the Government of the United States will welcome the visit of Professor
Thompson to the Pribyloff Islands, and that orders will at once be issued to the
authorities on the islands to extend to him the same facilities granted him during his
viait last year.

I have. &c.
(Signed) JOHN SHERMAN.

No. 87.
The Marquess of Salisbury to Sir J. Pauncefote.

(Telegraphic.) Foreign Office, May I, 1897.

WITH reference to your despatch of the 19th March respecting the Behring
Sea negotiations, i have to inform you that the renewal of the Agreement for the
sealing-up of arms by a duly authorized officer, on the application of the master, is ugreed
to by Her Majesty's Government.

The Dominion Government are unable to concur in the suggestion as to the exami-
nation of skins by United States' officers at port of arrival.

I authjrize you to inform the Government of the United States of the above.
. A despatch follows.

'iJ

No. 88.

Sir,

The Marquess of Salisbury to Sir J. Pauncefote.

Foreign Office, May 1, 1897.

WITH reference to your despatch of the H)th March, 1 have to inform you
that the Cnnadian Government have expresised their views on the Supplementary
Regulations proposed by the United Slates Government for the se;il fishery in Behring
Sea ill regard to the sealing-up of arms, and the exaniinntion by United States' officers of
the skins landed at Victoria from Hritish scalinji-vesstls.

I have to-day authorized your lixeellencv, l)y telegraph, to inform the United Stales'
Government that Her iMajesty's Government are prepared to agree tn the renewal of the
Arrangement made in 1894 for the sealing-up by a duly autliorized officer, on the appli-
cation of the master, of the arms on board a vessel proceeding to the fishery in hehring
Sea, or returning to port during the close season ; but that the Canadian Govern-
ment found themselves unable to concur in the suggestion that the skins landed from
the British sealing fleet should be examined at the port of destination by American
experts.

At regards this last proposal, the Canadian (Jovernment arc convinced that even
were it possible to establish that any punctures which might be found in the xeaUskins
rvere the result of gun-shot wounds, and that they could be readily distinguished from

OTE.

those made by speai>, it would still he inipossihli- to prove that the Hiiiiiial from wliich
the pelt was taken had been killed by ineuns u( lire-arms. It is a matter, it is said, of
coiiinion knowledfje that the skins ol' a lal•^e number of seals killed by spears contain
shot-wounds, so that no weight can be attached to any argument derived frotti these
wounds as to the manner whereby tlie ultimate capture oi the se<>l was effected. There is
no means of provintc that these shot-wounds were not received duriiif^ the migration of
the seals outside Hehrin^' Sea, where the use of tire-arms is not prohibited ; or that they
may not have been inflicted by the crew of a vessel other than the one by which the seal
was eventually secured by the spear. Moreover, sealers knowing that an examination
such as that suggested awaited them at their destination, could readily add a spear-wound
to the skin hail the seal been shot, thus effectually destroying the utility of any such
test.

The case of the " Kate" is referred to by the Canadian authorities as illustrating the
force of the above remarks. As your R.xcellency is aware, this vessel was seized last
season because certain skins were found on board believed to liave shot-holes in them,
though it was alterwanis found that tlie vessel had no tire-arms whatever on hoard.

The Canadian Liovernnieht are further of opinion that an examination of the salted
skins when landed at the home ports would prove of little use in establishing the sex of
the seals killed. I'hey state that when the United States' Treasury Circular, which is
referred to in Mr. Ohies's note, first came into their possession, the niatt^r was
exhaustively considered, and the conclusion reached that the tests therein indicated were
wholly ineffective for determining the question of' sex.

The Minutes of the Canadian Privy Council deahng with the matter have been
communicated direct to your Excellency by the Governor-General; but I think it well
for your convenience to place the views of the Dominion Government on record in a
despatch, as it is probable that the question will again be referred to by Mr. Secretary
Sherman.

I am, &c.
(Signed) SALISBURY. :,

■ ; No. 89. ■ . r - i;

Sir J. Pttuncefote to th- yfarquess of Salisbury. —{Received May 3.)

(Telenraptnc.) Wni^hington, May '.\, 1897.

WITJl reference to your Lordship's telegrams of the 28th ultimo, authorities at
Pribvlotf islands will at onee receive instructions to give Mr. Maeoun same facilities
as were accorded last year.

Sbould the movements oi any of the revenue-vessels sailing to those islands suit
Mr. Maeoun's convenienee, United States' Government will offer him passage on

them. ..... , .

Dr. .Tordau has been informed of friendly ojfer of providing hirn a passas^e, but it
is not considered probable that he will be able to take advantage of it.

No. 90.

The Marquess of Salisbury to Sir J. Fauncefote.

Bir, . .

1 HAVE had under consideration, m communication
of State for the Colonies, Mr. Sherman's note of the iith
fur-seal fisher, of which a copj was inclosed in your
13th April.

Mi'. Sherman urges that all killing of fur-seals sliould

and that a joint Conference of the Powers concerned sho

agree upon the measures necessary to preserve the seal

restore the herd to its normal couditious.

("638]

Foreign Office, May 7, 1897.
with Her Majesty's Secretary
ultimo on the subject of the
Excellency's despatch of the

be suspended for the present,
uld meet at an early date to
s from e\termiiL»lton, an.l to

O 2

100

The sninc proposals were made in tlie note from the United States' Chargt; d'Aflaircs
of tlic lOtli iillinio, a copy of which was transmitted to your Excellency in my despatch
of the liL'nd April, with instructions as to the answer to be returned to the United
States' (JdvoMinient on the sul)ject.

Air. Sherman, however, adduces certain statistics in support of the contention that
the seals ;ire tiireatened with early extermination, which make it necessary for Her
Majesty's (Joveniinent to deal with his despatch in a separate communication.

With regard to Mr. Sherman's complaint that the United States' Goveinment had
not Iteen furnished with a copy ot Professor Thompson's Report of his investigations last
year, i have to slate that Her Majesty's Government regret the delay that has occurred
in the matter. It has heen caused partlj- by Mr. Thompson's prefessional duties, and
also hy the necessity ol his waiting for certain notes and information witii which he had
asked Mr. M.iciuin, the Agent of the Dominion Government, to furnish him. The Report
is, however, now in tlie hands of the United States' Government,

Mr. Sherman proceeds to state that in the absence of Professor Thompson's Report
the President has been forced to reach his conclusions as regards the condition of the
seal lishcry hy a careful study of Dr. Jordan's Report, and other ascertained facts and
statistics. It is to be regretted that Mr. Sherman has not referred to the passages in
Dr. Jordan's Report on which the conclusions of the President have been arrived at. So
far as Her Majesty's Government can judge in the absence of such indications, (he
President's conclusions would appear to be based only on general assertions and deductions
in that ile;»ort.

Mr. Shennan states that Dr. Jordan's Report shows conclusively that there has
been a distinct and steady decrease both in the total number of breeding seals, and in
the number of harems of breeding cows in tlit season of 1896 as compared with that of

1895, and that it further conclusively appears from the Report that this diminution has
been caused by pelagic scaling.

Dr. Jordan, however, .states on p. 21 as follows: "In 1895 Mr. Murray made a
careful count of the number of harems of the two islands, finding 5,000 in all. At the
same period in 189G he found that the number of harems was reduced to 4,853, a loss of
3J per cent., the number of bulls without harems having increased 7 per cent."

On p. 10 Dr. Jordan himself gives the number of harems in 1896 as 5,009, a small
increase on Mr. Murray's count of 5,000 in 1895, instead of a decrease of less tlian
3 per cent, (not .3i per cent, as calculated by Dr. Jordan). Similarly, as regards the
number of breeding cows, Dr. Jordan's count, as recorded on p. 10, gives 81,793 for

1896, while the figures for 1895, as given by himself on p. 20, were .only 70,423. The
state of the rookeries in 1805, as compared with 1896, is fidly dealt with by Professor
Thompson, and is referred to in my despatch of the 22nd ultimo, and it is there-
fore unnecessary to discuss the matter at length. That Report also deals, so far as the
information at present available is concerned, with the question of the mortality of pups
owing to the killing of their mothers at sea, and the general conclusions at which he
arrived, as set forth on p. 25 of his Report, show that the number 14,473, at which
Mr. Sherman places the deaths from this cause, must be subject to very large
deductions.

It may be the case, as stated, that it was as easy in 1880 to procure 100,000 skins
on land of the same quality as those taken during the season of 1890, as it was to
obtain the catcli of last year, viz., 30,000, but it must not be forgotten that in 1890 not
even 30,000 skins could be obtained. The question of the comparative ease or difficulty
with which a stated catch was obtained in two years so far apart as 1880 and 1896
would, even if the same individuals were employed on each occasion, be an uncertain
foundation on w hich to base any estimate of the comparative numbers of the herd ; but
Her Majesty's Government have never denied that the herd has diminished largely
since 1880, though they maintain that any share pelagic sealing may have had in
bringing about that decrease is insignificant compared with that of other causes which
appear to be overlooked in the United States.

If, as alleged, the number of breeding females in 1880 was four times as many as
in 1896, or 600,000 in the former year, and l.'JO,000 in the latter, while in 1890 tlieic
were 280,000, the figures completely negative the conclusion that the pelagic sealin^'has
been the cause of the decline, for in the eleven years, 1880 to 1890, while the herd was
reduced, according to Dr. Jordan's estimate, by 320,000 breeding females, only 24(5,902
seals were killed at sea, while in the period 1891 to the end of the spring season of 1896
the pelagic catch reached a total of i:69,388, and during this period the decrease in the
number of breeding cows was only 130,01)0.

A herd of 600,000 breeding cows should mean, according to Dr, Jordan's cstimat

101

[Afraiies

lespatch

United

|on that
For Her

lent liad
pons liist
icL'urred

|ies, and
lie had

Y Keport

liepoit
of the
[cts and
[a^'es in
I at. So
ms. (he
luctions

an annual addition of 100,000 breeding t.„ws to the rookeries, vet in tlie eleven ye.irs.
18S0 to 1890, while the pelagic catcii only averaged some L'L',(!oO a-viar. there wa's not
only no addition to the rookeries, hut an average annual (loenase ot" sonu- .'^O.OOO. If
this enormous loss was entirely duo to pelagic seiilin-. ;i.s Dr. Jor.iiui maintain'^, it
would have doubled wiicn pelagic sealing doubled, and the herd .mghi to liavc ceased
to exist some years ago. Tet during the years which followed, witli a herd supposed to
range from i'80,0( 10 to 150,000, and witii an annual addition of cows to the rookeries
which should, if Dr. Jordan is correct, iiave been from 4^,000 to !?■.,()(•(•, the pelagic
catch has averaged about 50,000 a-vear. vet the h>s-i to the rookeries has ])ecnonlv some
25,000.

Those statistics of F^r. Jordan's, as set forth in his Report. i)rove clearly tiiat the
loss to the herd in the period during which ])elagic scaling I. j - been ; l.irge" factor in
the influences affecting it, has been insignificant compared witii the destruction wliich
went on prior to 1890 on the islands, and that the elfect on the herd of that mode of
sealing is much less serious than that of killing on land restricted to males only.

The frequent recurrence, moreover, of seasons cliaracterix.cd like that of last year
by weather during which sealing operations at sea are interrupted all'ords a natural
protection to the herd from exhaustion by pelagic scaling. Tiio difference between the
spring catch on the north-west coast in 18!»5 and 18'.)(} furnishes an excellent illustration,
fifty-two vessels in the former year securing only 8,:i^.'i skins, while forty-one vessels in
]89G secured 11,780 skins. The falling-oil in tiie 13ebrin>r Sia catcii last Mca^on. which
Mr. Sherman cites as due to the reduction of the herd, was, according to the information
in tiie hands of Her Majesty's Government, fully explained by the interruptions duo to
bad weather ; and as the great fall in the price of skins has led to a smaller number of
vessels fitting out for the fishery this year, their contention that there is no immediate
danger to the herd, so far at any rate as pelagic sealing is concerned, appears to be fully
justified. But if the proceedings which led to the wholesale reduction of the seals
between 1880 and 1890 are resumed, and all the best young male life is destroyed, there
can be no question that the herd will at an early date cease to lie of comn\crcial
importance.

In Mr. Sherman's note the killing of 30,000 males last year is justified on the
ground that " it was plain upon scientific investigation tiiat the dangerous mortality
among female seals brought about by pelagic scaling had left the number of bulls greatly
in excess of the due proportion between the sexes," and that " to properly care for the
herd it became necessary to remove as far as possible this m.enacing excess of male life
upon the islands."

If there was such a "menacing" excess of bulls, it is unfortunate that instead of
attempting to reduce the excess, the killing was confined to males who would not become
"bulls "able to take a place on the rookeries for another three years, during which
per'""' so far as the killing of 189G is concerned, the alleged excess of bulls on the
rooiteiies will continue.

Mr. Sherman, in the conversation reported in your E.xcellency's despatch of
the 9th April, pointed out that Great Britain was quite as much interested as the
United States in the recuperation of the fur-sealing species.

As a matter of fact, the interest of this country has now for some years exceeded
that of the United States, and should the herd be destroyed a large amount of British
capital will be lost, and a large number of British subjects thrown out of employment.
They have, therefore, reason to bo more anxious for the establishment of proper
Regulations than the United States, but the examination of the Reports of last year's
investigations, while it has shown that t.ierc is no indisputable evidence that the herd
has quite recently been decreasing, and that there is no ground, tiierel'ore. for immediate
alarm, has also shown that all" previous statements as to the numbers of the herd have
been conjectural, and that there is consequently no means available for testing the
efficiency of the existing Regulations, or for showing the direction which any amendment
of them should take.

To enable a tlioroughly satisfactory revision to be made accurate statistics should
he available, extending over a sufficient period to eliminate accidental circumstances
affecting the herd during the greater part of its life, which is spent uhcre observation is
impossible.

Until such information is available it would, in the opinion of Her Majesty's
Government, be premature to enter upon the proposed conference to discuss measures
based on conjectures admitted to be of doubtful value, and the interests of this country
in the question are too serious to warrant Her Jklajcsly's Govern mciit in imperilling
them by the adoption of any hasty decision.

102

Your Excellency wUl read this despatch to Mr. Sherman, and leaTe a copy ot it
with bim should he desire it.

I am, &c.
. (Signed; SALISBURY.

, , ' » ., No. 91.

»:•.. Sir J. Pauncefote to the Marque»» of Salisbury. — {Received May 10.)

My Lord, Washington, April 29, 1897.

I HAVE the honour to acknowledge the receipt of your Lordship's telegrams
of yesterday's date on the ^subjc■ct of tlie visit of British .Agents to the Pribylofi Islands;
and to inclose herewith cop,\ ol a note whicli I have this day aduresscd to the United
States Secretary of State, informing him of the proposed itinerary of Professor Thompson,
and asking that facilities should likewise be accorded to Mr. Macoun.

I have, &c.
(Signed) JULIAN PAUNCEFOTE.

!rf»,!

Indosure in Na 91.

Sir J. Prnmcefote to Mr. Sherman.

*■'■.'' ' »'!'•: • ..: .

Sir, Washington, April 29, 1897.

I HAVE the honour to inform you that I communicated to my Government the
contents of your note of the- 16th instant, stating that orders would be issued to the
authorities on the Pribyloff Islands to extend to Professor Thompson the same facilities
as were granted to him during his visit last year.

I am now informed by Lord Salisbury that it is proposed that Mr. Macoun, who
accompanied Professor Thompson last year, should again act under his directions and
with bis assistance. I venture, therefore, to ask you to be good enough to extend to
Mr. Macoun the same facilities as have kindly been accorded to Professor Thompson, in
order that Mr. Macoun may be enabled to commence bis investigations prior to
P'fessor Thompson's arrival cm the islands.

Lord Salisbury further informs me that Professor Thompson proposes to visit the
Russian islands first. He hopes to reach Yokohuma on or about the dUth proximo, and
to pr )ceed to the Russian islands, where he will remain until about the end of July.

I am directed by Loid Salisbury to inform you, in communicating the above
intelligence, that if Dr. Jordan wishes to join Professor Thompson, a passage from
Yokohama to the Russian islands could be provided for him on board one of Her
Migesty's ships.

I have, &o.
(Signed) JULIAN PAUNCETOTE.

No. 92.

Sir J. Pauncefote to the Marquess of Salisbury,— {Received May 13.)

My Lord, Washington, May 3, 1897.

Wl'TH reference to your Lordship's telegram of the 28th ultimo respecting
the facilities desired for Mr. Macoun on his visit to the PribyloS islamis, 1 have the-
tionouv to tmnsmit herewith copy of a note which I have received irom the United Males'
Secretary of State, intbrining me that instructions will at once be issued tu extend to

\py oi it

IRY.

I1H97.
flegrams
Islands ;
United
jmpson,

108

Mr. Macoiin the same tiaciliti.-s hs ucr <;rnit -li t . him during his visit last vear, on the
understanding that the object ot his visit is to act under tlie direction lif Professor
Thompson and ns his assistant.

Mr. Sherman also offers to Mr. M.iioun a i>,issage on board cue of the United States'
revenue-vessels sailing to those islands, and sUites tliHt it is improbable that Dr. Jordan
will be abl- to avail himself of the offer made by Her .Majesty's Ciovernment for a nas^aj^e
for him from Yokoham* to the Russian islands on board a British ship. This orter was
conveyed to me in your Lordship's tekgiaiu of the 2>?th ultimo.

I have had the honour to report the substance of the above to vour Lordship by
telegram this day.

I have, &c.
(Signed) JULIAN PAUNCEFOTE.

Inclosure in No. 92.
Mr. Sherman to Sir J. Pauncefotn,

vtr

Kxceilency, Department of Stale, Washington, May 1, 1897. '

I HAVE the honour to acknowledge the receipt of your note of the 29th ultimo
relating to the visit to the Seal Islands of Behring Sea of Professor Thompson and
Mr. Maeoun.

Instructions will at once be given to the authorities on ihe PribylofF Islands to
extend to .Mr. Maeoun the same facilities as were granted to him during his visit last year,
it being understood that the object of his visit is to act under the direction of Professor
Thompson and as his assistant.

It will furth'2r be the pleasure of this Government to afford Mr. Maeoun passage on
any of the revenuervessels making voyages to those islands, should their movements suit
his convenience.

Note is taken of the friendly offer of Her Majesty's Government to provide a passage
for Dr. Jordan from Yokohama to the Russian islands in a British ship, and Dr. Joidan
will be so advised ; but it is probable that it will not be possible at this date to avail of
the offer. , -

I have, &c.
' (Signed) JOHN SHERMAN.

No. 98.

Sir J. Pauncefote to the Marquess of Salisbury. — {Received May 13.)

My Lord, Washington, May 4, 1897.

r HAVE the honour to acknowledge the receipt of your Lordship's despatch
of the 2.ind ultimo, containing the reply of Her Majesty's Government: to the proposals
put forward by the United States* Government respecting t'le fur-seal fishery, and inclosing
six copies of Professor Thompson's Report, for communication to the United States'
Government.

I have the honour to report that I called yesterday at the Department of State and
read to Mr. Sherman your Lordship's above-mentioned despatch, and left a copy of it
with him, in compliance with your Lordship's instructions.

I also delivered to him the copies of Professor Thompson's Report. '^^^>'*f ^

.,i W^jiu..- ,. . . , (Signed) JULIAN PAUNCEFCXrE.

■(<ji L'U i-

■ ,1
il k.

^iiS

104

No. 94.

Mr. SheniKin to A/r. Hai/. — {Communicated hy Mr. Hay, May 22.)

Sir. Department of State, Washington, May 10, 1897.

I'llM J5riti>h Amhassaflor called upon nic on the Snl instant and handed me a
copy ol" a dc-;p;iti-li to him fnjm Her ^fajesty's J'rineipal Secretary of State for Foreitrn
Aflnir'^. Iiiariiii: dat.- the 21st ultimo. This dcs])ateh constitutes the reply of tlio
Mritisli (iovtniment t<> the |)n>posals of the President, as presented in the note of your
Enil);iv>.y of the 10th ultimo, f>»r a modus viiendi for the suspension of all killing; of
seals ior the ])resent season, and for a joint Conference of the Powers concerned witli
a y'n'w to thi- iieci-svary measnr<-s hein? adojjted for the preservation of the fur-seal in
the North I'.u-ilic Ft will Im? seen that hotli pro])osals arc rejected.

I need hardly say tint the President is f^reatly disappointed at this action, espe-
cially when it is havd ujhiii such unsuhstantial and inadequate reasons. The
I'resident's cunceru, in vii.-w of the depleted condition of the seal herd, was occasioned
not alone from an examination of Dr. Jordan's Report of 1806 and what he had reason
to sup])ose were the conclusions of Professor Thompson, hut it was hased upon a series
of ohservations and statistics covering a much longer period than that treated by those
gentlemen, estahlishinir a .state of facts beyond refutation, and v/hich is in part set
ifortli in my noti- to the British Ambassador of the same date as my cablegram to you.
It is therefore (juit"- surprisini; that Iler Majesty's Secrctaiy should base his rejection
of the proposals n this Government, so impressively presented, upon the Report of
one scientist whose facts and conclusions are incorrectly apprehended and the delayed
Rej)ort of another, which is for the first time made public concuiTently with the receipt
of his Ti[)rdship's note.

It would have been gnitifying to me and useful to my Government, in studying
the important subject under consideration, if Professor Thompson's Report could have
been made publi<' with the promptness which marked the appearance of that of
Dr. Jordan, in that eas<- there would have been amjjle time for both Governments to
have examined the Reports of these two eminent scientists before the opening of
another sealini,' season. But it seems tf» have better suited the purposes of Her
Majesty's Government to withhold Professor Thompson's Report until an opportunity
was afforded to examine that of Dr. Jordan, and thus enable the former to pass the
latter in review, criticize its statements, and as far as possible minimize its conclusions.
It is not pleasant to have to state that the imjjartial character which it has been the
custom to attribute to the repf)rts of naturalists of high standing has been greatly
im])aired hy the apparent sul)jcction of this Report to the political exigencies of the
situation. It is further to l)e regretted that the Rei)ort was so long delayed that no
opportunity ^vas afforded this Government to examine it before the definite and final
rejection of the President's projiosals, based mainly upon its conclusions, was commu-
nicated to me. This conduct recalls the incident which preceded the Arbitration at
Paris, and which came near rendering that Arbitration abortive, when a similar Report
of a Rritish Commission wa.s withheld until after the Case of each Government was
exchanged and tiie Rejiort of the American Commission made public.

Lord Salisbury asserts that Dr. Jordan's Report does not contain any facts
warrantinu: the statement that there is a " depleted condition and prospective early
extinction of the herd.'" Tlie note of your Embassy of the 10th ultimo does not attri-
bute such a statement to Dr. Jordan, but it is difficult to understand how anvone can
read his llepoit without n^ehinsr the conclusion that such is the real condition of the
herd. Un p. 1^ he says: "From this time (1886) on the decline has been more
rapid and has been continuous." On p. 21 he clearly recognizes diminution, as
evidenced by photou'raplis, as also by decrease of harems. On p. 66 he uses this
exinession : " As the herd is steadily diminishing the spring or north-Avest catch is
beeomini: relatively unimportant." Other citations might be made, but it would seem
luuieei'ssary in view of his declarations, often repeated in his Report, respecting
pelagic sealing, from which 1 give only one extract (p. 29) : " Pelagic sealing, in the
judgment of the meml>ers of the present Commission, has been the sole cause of the
continued decline of the fur-seal henls. It is at present the sole obstacle to their
restoration, and the sole limit of their indefinite increase. It is therefore evident
that no settlement of the fur-seal question as regards either the American or Russian
islands can be permanent uule«« it shall provide for the cessation of the indiscriminate
killing of fur-seais, Iioth on the fi<.'aling grounds and on their migrations. There can
be ni> ' open season ' for the killing of females if the herd is to be kept intact."

10ft

1897.

■d mc a
Foroii^n
of the
of your
Iliiiij of
I'd •with
•seal in

Professor Thomj)son's Repcrt is plainly written with a view to minimize as far
as possible the depleted condition of the herd on tlie I'ribyloiT Islands, and recjiiires a
eritieal examination not possihle within the limits of the* present in>i(rnetion. hnt its
ijeneial jinrport may he briefly stated. It is to be re^rettetl that he -^hoidd Inve enn-
tracted bis stndy far within the pnrview of his instrnetions. Tii the outset of his
Keport he says : "The main objeel of my mission was the ••ollivtion of information
and statistics with regard to the workini; and effectiveness of th<< Ue!,'iilations " of the
Paris Tribunal. But we look in vain in his Report for any discussion of that all-
important subject. He cimtined his inipiiry and Report to th" suliordinate subjet-t of
the number of seals resortini; to the islan<ls, and jjarticnlarly to tiic relative numbers
in 18'.'.') and 1S!>U. The result of his observations and incjuiiy seemed to be that on
s )me ro(>keries there was an increase and on others a decrease, but on the whole a
possible state of c(|uilibrium for the past two years, althoutfh he concedes a diminution
as compared with 1^!)2. If all the Professor claims is admitted, it does not militate
against the contention that since pelagic sealing became gcn<'ral the ilecline of the
herd has been steady and rapid. The ai)|)arent equilibrium noted in his Report is
well explained by l)r. Jordan when he says (p. IS): " Tliere is evidence that the
wodun viveiKti of 1892-93, by which Rehring Sea was closed to the sealing fleet, has
produced for 189.') and l&9ft a slight check of the diminution. The reason for this is
that, in addition to the saving of niolhei's. no ])ups were starved to death in lsj)2 and
1893, and those which might have been starved have returned as breeders or as killable
.seals in lb9.j and ]89(>." Since the recei])t of Lord Salisbury's despatch explicit
in(|uiry has been made of Dr. Jordan as to the relative condition of the herd in 1S9.')
and 189(5 and in previous years, and he has furnished the chapter on the " Decline of
the Herd '' from the forthcoming Final Report of himself and associates, from which
the following extract is taken : " While the amount of the decline cannot be stated
Avith mathematical exactness, it is possibl<> from the data at hand to make an approxi-
mate estimate. From a careful study of all the conditions, in our opinion the fur-seal
herd of the Pribyloff Islands has decreased to about one-fifth its size in 1S72-7 1 ; to
•somewhat less than one-half its size in 1899, and that between the seasons of lb9.j and
18'j(> there has been a decrease of about 19 per cent."

.Vlthough Professor Thompson has been very careful throughout the Report to
sav nothing likely toembarniss his Government, in the " conclusi(»ns " the voice of the
true scientific investigator speaks in firm and certain tones. AVhile In^ regards "the

alarming statements of the herd's immense decrease " as overdrawn, he

says " there is still abundant need for care and for prudent measures of conservation

in the interest of all It is not diflicult to believe that the margin of safety

is a narrow one, if it be not already in some measure ovei"stepped. We may hope for
a perpetuation of the present numbers, we cannot count upon an increase. And it is
mv earnest hope that a recognition of mutual interests and a regard for the common
advantage may suggest measures of prudence which shall keep the pursuit and slaugiiter
of the animal within due and definite bounds." in view of such explicit language it
is not easy to understand how Lord Salisbury can reconcile his refusal to entertain
the i)r()posals of the President with the interests of his own countrymen, o say
nothing of the friendly relations which he desires to maintain with the United States,
Russia, and Japan.

The experience had with the scientific Commissions of 1^92, as well as the Reports
of 189() just under review, shows that it is diflicult through them to reach a harmony
of views; but we have at hand certain statistics of undisputed authority jM»ii'ting
unmistakably to conclusions which should be controlling.

The operations of the pelagic fleet in Behring Sea since the Paris Regulations
Lave been in force are as follows : —

1891 — 37 vessels, 31,585 seals tnken, or an average of 853 per vessel.

1895 — 59 vessels, 41.,1C9 seals taken, or an average of 7 1'8 jjcr vessel.

189(5— G7 vessels, 29,500 seals taken, or an average of IfO per vessel.

It thus appears that nearly double the number of vessels in 1890 were not able
to take as many seals as were taken in 1891, and the catch per vessel fell off nt.-arly
one-half. Lord Salisbury attributes this large falling-olf in Behring Sea " to the stormy
weather prevailing," hut does not cite his authority. I am not awaie of any published
report to that effect. Captain Hooi)er, who eonunanded the American cruising fleet
in Behring Sea in 1895 and 189(5, reports: "The weather in Behring Sea was not
materially different in the past two years. Conditions admitted of boarding operations
bv the fleet twenty-five days in 1895 and twenty-four days in 18fK5." An examination
and comparison of the logs of sealing-vessels for 1895 and 1890 confirm Captaia
16381 P

106

tf i»i

fcMl

Tloopcr's rrport. Tlie alwvp fiijiiros, witli tho statistics contained in my note of the
(•til ultimo to llic 15ritisli AmbMssador, make it very clear that the seal herd is hecomi!i£»
ra|ii<lly flcpleted, and tliat "the niari:in of safety," as Professor Tliomiiion expresses
it, has' hecM "already uverst'^pped." It is to he inferred that " tlio man,'in of safety"
is intended to signify the point at whieli pcla;;ic sealin;» ceases to be jn-ofitable. He
cannot iiave had inniind hi()lo<;ieal extermination, for that point could not liave been
reached so Ion;; as a .sin<f|e bnll and harem existed. Tlie point when sealint; ceased
to be profitable seems to have been readied durii.<; last year. A Table a])pended to
his lieport sliowN that the total product of the pelagic catch of 1800 in tlie London
market was about half the amount of that of 1895, and Lord Salisbury informs us that
this result has " brought many owners of the sealing- vessels to the verge of bank-
ruptcy." It thus apj)cars that the condion of things predicted by the Government of
the Inited .States, as quoted below, has already come to jjass — the commercial exter-
mination of the seals. If pelagic .sealing continues to bo tolerated a limited number
of vessels will carry on the indiscriminate slaughter, in the hope, by a favourable
crm'se, of recoujiing the loss(?s of the previous year, and the rookeries on the islands
will he still further depleted. But the b:;dogieal existence of the fur-seal may still
be continued, and Her Majesty's Ambnssador may repeat the declaration, so often
mad(! during the past two years, that there is " no reason to fear that the seal herd
is threatened with early extermination."

In this connection it may not be unprofitable to recall the action of the two
Governments respecting the efforts made to revise the Regulations adopted at Paris.
The exj)ressed object of the Paris Arbitration was " the pn'scrvation of the fur-seals,"
and the Regulations adopted by the Tribunal were framed with a view to " the proper

protf'ction and preservation of the fur-seal resorting to Behring Sea." On

the i'.'b'd January, ISI).'), Secretary Grcsham addressed a note to the British Ambas-
sador, stating that the first year's experience had "convinced the President that the
Regulations enacted by the Paris Tribunal have not operated to protect the seal herd
from the destruction which they were designed to prevent," and he asked that a
Commission of scientists and experts he appointed by the Governments of the United
States, Great Rritain, Russia, and Japan to report upon the proper measures to be
adopted, and pending the deliberations of the Governments a vwdus vkendi be agreed
upon suspending sealing in Behring Sea. Nearly four months elapsed without an
answer from tl'.e British Government, when, on the llth (? 10th) May, 1 895, a second note
was sent, reiterating the President's solicitude, urging a reply, and predicting that
unless some further restrictions were adopted the seals would " be exterminated for
all commercial purposes within a verj- few years." On the 27th May the British
answer was received, in which it was complacently stated "that the condition of
affairs is not of so urgent a character as the President has been led to believe," and
that there was no " such urgent danger of total extinction of the seals as to call for a
departure from the arbitral Award by which the two nations have solemnly bound
themselves to abide."

Secretary Olney, 21th June, 1895, by direction of the President, renewed
the proi)osition in different terras, but the British Government repeated its declination
to make *' any extension of the Regulations solemnly laid down by an International
Board of Arbitrati«m."

After a second year's experience of the Regulations, Secretary Olney,
11th March, 1^90, called the attention of the British Ambassador to the catch of 1895
in Behring Sea (the largest ever made in that sea), and expressed the hope that the
British (iovernment would realize " the absolute necessity of consenting for the coming
season to some further Regulation .... to the end that the valuable herd be saved
from total extinction." On the 27th April Sir Julian Pauncefote replied that Her
Majesty's CJovernment saw no reason to believe the catch in Behring Sea was " so large
as to threaten early extermination," and that there was no " necessity for the immediate
impositicm of increased restrictions."

This correspondence is recalled to show that, from the first year the Paris Regula-
tions were put in force, each succeeding President and Secretary of State has been
firmly convinced thai they were inadequate for the purpose for which they were
adopted, and that the British (Jovemmcnt has just as firmly resisted all overtures for
even a conference of the Governments concerned for the purpose of considering
whether further Regulations were required to i)rotect the seals, and has rested its
refusal upon " the Arbitral Award by which the two nations have solemnly bound
ihemselvos to abide."

in view of this attitude of the British Goverunent, I deem it opportune to make

107

f.<

of the
)min!»

rcsses

been
eased
C(l to
f)n(lon
s that
)ank-
nt of
exter-
iTiibcr
rable
arids
still
often
herd

an examination (even at the risk of beinir somewhat tedious) into tht maiiiifr in whieh
it has resijoiided to tile action ol' tiie Paris Tribunal, and to wliat extent and in wliat
spirit it has observed the decision and recommendations of tiiat Tribunal.

A perusal of the Protocols of tiiat Tribunal will show that the jMcparation of tlm
Regulations was intrusti'd to the three Arbitrators nominati-d by lb.' neutral (iovern-
ments, and when their unanimous lleport was prcMMited it .vas 'provided in Article 11
tiiat the Regulations should be ajiplied to all the waters of the Paeille Ocean and

Uebring Sea north of tlu

Uoth degree of nortii latitude, therebv includini: all the

waters east of Japanese and Russian territory. I.ord llannen, the Uritish Arliitrator,
objected to this provision, ami moved an amendment limiting th" area to all that part
of tlie ocean and sea cast of the IHOth meridian. ]?aron Courcel, President of the
Tribunal, stated on behalf of the neutral Arbitratoi-s liat.in framing Artiele II, "they
had acted out of regard for Russia and Japan, Powers not represented before the
Tribunal of Arbitration, and towards the waters of whom it appeared not equital)le to
drive Lack the English and American pelagic sealers during the whole time of the
close season." Rut he aciiuicsccd in Lord llannen's amendment, and it was adopted.
(Protocol LIV.) It is ])lain from the proceedings that the 'i'ribunal regarded the
extension of the Regulations to the Asiatic waters as a matter of justice to Russia and
Japan, and they would have been so extended if those Powers had been parties to the
Arbitration.

"When, in accordance with Article VII of the Treaty of 18!)2, the Russian and
Japanese; Governments were approached with a view to securing their adiiesion to the
Regulations, they both replied they could only do so on their extensit)n to the Asiatic
waters. Secretary Gresham reports that as early as October, ISOIJ, he verbally
brought this attitude of the subject to the attention of the British Ambassador, who
recognized the force of the position assumed, and said the situation seemed to suggest
the jn'opricty of a Treaty between the four Rowers " for the ])reservation, for tiieir
common benefit, of the fur-seals between the two continents and north of the
35th degree of nortli latitude."

Mr, Bayard was instructed, 27th October and 20tb November, 1S93, to seek
to bring about such an arrangement or Treaty; 23r(l January, 181) 1, Mr. Gresham
brought the subject to the attention of the British Ambassador, and on the 2nd May,
no answer being received, the proposition was again urged. Secretary Olney
brought the subject again to the attention of the British Government in a note dated
the 21th June, 1895, the proposition being presented in a new form ; and on the
lyth August a general negative reply was made to Mr. Oiney's note.

Under date of the 2nd April, 1890, Secretary Olney informed Mr. Bayard that
the Russian Government was about to initiate negotiations at London for the extension
of the Paris Regulations over the Asiatic waters, and at the request of the Govern-
ment Mr. Bayard was instructed to co-operate in such negotiations. ^Ir. Bayard at
once put himself in communication with the Russian Ambassador, but on the
I'lth May he was informed by Lord Salisbury that Her Majesty's Government had
decided to dispatch a naturalist to the Russian seal islands, and that, pending the
receipt of his Report, his Government wouhl not enter upon negotiations. The
British naturalist returned to London in October, 189G, but up to this date his Lord-
ship has given no indication of a desire or intention to open the negotiations. In fact,
the despatch to which 1 now reply rejects the proposition of the President for a similar
Conference or negotiation. The effect of Lord Hannen's amendment of Article II of
the Regulations lias been to bring about the ^tate of affairs which the neutral
Arbitrators desired to avoid — to wit, to transfer the sealing-vessels to the Asiatic
waters during the closed season in the American waters, which they expected would
be prevented by negotiations between the interested Governments. Such negotiations
Great Britain has steadily omitted and declined to enter upon.

Again, the Arbitrators appended to their decision or Award a series of declarations,
not binding upon the contracting Governments, but w Inch wei'c recommended for their
adoption. The American Arbitrator at once accepted the declarations, but Lord
Hannen hesitated to accept the second paragraph, w Inch is as follow s : --

" In view of the critical condition to w hich it appears eertiiin that the race of fur-
seals is now reduced in consequence of circumstances not fully known, the Arbitrators
think tit to recommend both Governments to come to an understanding in order to
prohibit any killing of fur-seals, either on land or sea, for a period of two or three
years, or at least one year, subject to such exceptions as the two Governments might
think proper to admit of.

' " Such a measure mi^ht be recurred to at occa&iooal intervals if found beneficiaL"
1638] P 2

lOS

Lord llniinfii declared tlint, "nltlioii:;!! approvinar tlie spirit in wliich it alieseeoiid
para!,'rapli) is eoiiceived, and ahln^u^h rei,'ardin!,' as very desirable tlint tlic destrnetion
of the I'lir-seals itiii,'lit lie entirely suspended diirinir a certain jjericKl (if time, so as to
enalile nature to retiieve the losses which this race of animals has luiderifone, ho does
not feel aiithori/ed liy the terms of his mandate to express an opinion on tlu' sulijeet;"
and the Canadian Arliilrator eoncnrred with \m Hritish colleaijue. (i'rotncid (.IV).

[mmeiliately after the receipt of the ollieial copy of the Award and deelamtions,
the 12th Septemher, 1N!).'{, Secretary (iresham cabled instructions to Mr. Hayard to
ask the concurrence of (ireat Britain in the enforcement of the second declaration.
.Mr. Mayard re|)orted. the KJth SejUember, that he had made known his instriictifins
to the Kritish (lovernment. Xo answer liavim; been received on this point, Secretary
(ireshani repealed the offer to Sir .hiliaii I'auneefote, the 21tli January, IS5)I. I do
not lind that response to this proposition was ever made. The wisdom of the reeoni'
inendation is aliiindantly proved by the experience of the past three years, and it
stiont;ly supports the repeated a|iplications which have been made liy the (Jovernment
of tile I'liitcd States for a mndu.i suspendini,' all killim,' of tlie seals until a Conference
could be had to readjust the Paris Hetjulations.

The indifference with which the IVitisli (iov(>rnment treated the repeated npeals
of this (lovernnient for prompt action towards the adoption of measures to ei' ce the
Jfei^iiiations "solemnly laid down by an Internatifinal Board of Arbitration," i 4rates
the measure of respect entertained for that auijust Tribunal. On the 12th Sepii'inber,
1S!>3, within a month after the.Vward iia;l been rendered, Secretary Uresham instructed
Air. Hay.'inl by calde (cited above) to inform the Jlritish Government of the desire of
the Government <if the United States to take up without delay the iiibject of the
enforc'jnient of the Ueirulations, so as to make tlieni elTeetive before tlu' next sealini?
season. 'Ibis notii-e was i^iven to the British Foreign Otiice on the IJUli September,
more than three months before the opening; of the sealing season. Xo progress havina:
iieen made, the 17tb Xovember, Secretary Gresliam cabled .Mr. liayard that the
President Avas anxious tliat an ai^reeinont on this subject should speedily be reached.
On t!i(! ttli December. Secretary Gresham consented, at the desire of the Hritish
Government, that the nei^otiations might be transferred to Washington, but he gave
notice to Lord lloseliery that " the rapidly shortening interval before the next season
will commence admonishes both Governments to expedite the negotiations." On the
2'ltli January, 18!) t, the Secretary addressed an urgent note to the British Ambassador,
(roni))laining that nothing had yet been accomplished, and the time lost had brought
them 'Mo the opening of another sealing season without any definite steps having
been taken lor the execution of the Paris Award." A month later, the 22nd February,
the Secretary cabled Mr. Bayard that, in answer to his rei)eated inquiries, the British
Ambassador informed him he was still without instructions, and lie was directed to
say " this long lelay is difficult to understand, and it is the President's desire that you
represent the matter impressively to Ifcr Majesty's Government. On the 17th ^lareh
Secretary (iresham sent another urgent cablegram to Air. Bayard, complaining of still
further delay, for which " this (Toverimieut is not responsible," and which was
threatening to " become embarrassing for both Governments." The negotiations were
not entered upon mitil six months after they were invited by the United States; tiie
British Act (the 2;{rd April, 1891) to enforce the Regulations was not passed until
four months after the sealing season had opened, and the final Older in Council (the
27th June, 1S!>4) <in the subject was not issued until six months after the sealing fleet
had put to sea in disreirard of the Award of tlie Tribunal.

The manner in which the British Government has discharged its police duties
under the .Vward is in marked contrast with its appeal for a strict observance of the
five years' period of th<! Regulations. An equal obligation rests upon each Government
to patrol the waters embraced in the .Vward area, in order to see that the Regulations
are not violated by the scaling- vessels. In 18J)4, the Government of the United States
t'urni died twelve vessels for the jiatroUing ileet at great expense, and only one vessel
was furnished by the British Government. Tn 1895, five United States' vessels
patrolled the .Vward area and only two British vessels, one for a short time only in.
Behring Sea, and the other took no part whatever in the patrol, as its presence was
almost constantly required in Unalaska Harbour to take over the British sealing- vessels
seized in Behring Sea. Owing to the repeated complaints of the Government of the
United State's as to the inadequacy of the British patrol, an additional cruiser Mas
ordered into Behring Se{i during the season of 1890, although it was stated by the
British Government that, "so far as they have been able to judge, the force employed
up 10 the present time has been sufTicient." As it is shown that practically no patrol

"I'Ollll

Iff ion
as ti»

(Iocs
i.rti"
IV).
itioiis,
rd to
'."If ion.
'tioiis
retarv

I (I'o
["colli..

!1(1 it

imciit

I'CIK'C

srrviop lind lioon n'lwliTod in Hrlirinj Sen l>y tlio Rijtish criiivfis (Imiii'' tlio provioun
yinr. tlif infcroiicc I'roin tliis iaiit,".i!ii,'r Mniildsrcin to Ix- that Hir M!iii'»t,\\ tlimrn-
nicnt undorstood tliat llic Ainoric.iii cniiMTs dnly wi-rr to iicrfirm tin- \>:'.\v>>\ >!iity, and
tlie Hritish cruisiT to take over mid act niio'i tlic validity of M'i/mc of llriti«.|i
vcsscIk,

TJic detailed cnloiTonicnt o|' tlic Itcifiilitions lui.s furtlicr developed on the jiait
of the Hritish (iovernment a stranu'e nii>coii 'iiition of the true sjiirit and intent of
the ArhitratoiN. Cnder Article C. of the I'cu'nlations the use of lire-arms in Kelirinu
8e,i was jirohihited. and to enforce that prohiliition it was ai,'reed hctwiTii the two.
'loverninents for tlio year l^^'.ll that scjilini:-vcsscls iiii>,'iit have their anus and
animiinitioii jdaeed under seal. Hut on the 11th May, 1SS>.'». althouu'h this (iovcrn-
inent had every reason to helicve rnin the Order in Conneil that the Hritish (io\ em-
inent had i:iven its eonenrrenee to tin- anaiii;eniciit, the Hritish AmhassMdur ;;;ive
notice that his (lovernnieiit would not renew the arraiii^ejiicnt as to the M-.iliii'_' of
arms for the eomini; season, aril defended its action on the i^round thai the
])ossession of nrnis, i*ke , hy a sealiii'.;-vessel was "not forhidoen hy the Award
IteLjulnlions."

This tardy action of the Hritish (iovernment in refnsiii;» to rent'W the arianui'incnt
of IS'Jt led (o much tronhte and inconvenience in eonnet'tion with the patrol of
Hehring Sea. The Hritish (iovernment made i;ric\()iis comjiiaint aj^aiiist the s.'vere
measuTOs of searcii resorted to hy the .Vmeriean cruisers, which jjave rise to a leiiL'tliy
eorrespoii 'ence. On the 2nd July, 1S!)(!. Secretary Oliiey snhmifted a iirojiosition to
put an ei,d to the controversy hy an examination of vessels eiiteriiii; Hchriii!; Sea. and
an inspectirm hy a Representative of the Vnited States at Hritish C'oluinhian ports of
nil skins tak<'n in Hcliring Sea, to discover whether or not tirearnis were used ; Itut
this proi)osi1i( n was not acceiiti-d. A fiu-thcr attemjit was made hy Secretary Olney
lO prcK'urc some a;>reemont for the season of 1>?'J7, when it was urtjed that .Vmerieaii
vessels frc«jnentiiiij BeliriTij» Sea were riM|uired to have thei<- arms sealed. ;ind on
returning to their home imrts their skins were carefully inspected, while ller Majesty's.
Government refuses to enforce tlie provision as to arms, and declines the inspection of
skins — measures which this (iovernment regards as" ahsolutcly essential for pr(>veiiting
Ihe unlawful destruction of the seals." Nevertheless, another season has been entered
iijion without any setthmiput of this vexed question.

[n this eoimiK't ion, 1 recall tlio serious ilefect, pointed out i:i the cm'respondence,
in the Hritish Act for the enforcement of the Regulations. Under the Hritish .\ct
passed to carry out the modus rirciidl of l^tH, whereby all killing of seals was
prohibited in Hcliring Sea, it was provided that the pn^sumption of guilt would lie
against the vessel " having on board lishini; or shootiiii.' implements or seal skins." .\
provision of a kindred natuiv was inserted in th(> Hritish Act for the enforcement of
the Russian modim of iSJ).'{. 'I'he Act of Congress of 18t)t to enforce the Ileyiilations
of the Paris Award coiitainwl a similar provision; but the Hritish act of isitl for the
same purpose contained no provision whatever as to prisiiinptive guilt respecting the
possession of fiif-arms or skins at forbidden times or in forbidden waters. And to
emphasize its purpose in tlio matter, when the Hritish Act to enforce the Hussiaa
agreement was re-^pnacted in 181)5, the provisions of the Act of lsi>;5 as to presumptive
illegality was omitted. This action of the Hritish («overnment was made the suliject
of an earnest protest on the part of my predecessor, but to no purpose. 'He practical
effect is to make it impossible in many cases to convict British sealini,'-vessels,
although there may be the strongest jtresunriitive evidence of guilt, e\ idcnet; which,
under the Act of Congress, would in most cases procure the conviction of an .Vmerican
sealing-vessel.

1 shall only cite one further instance of the failure and refusal of the Hritish
Government to give full efTect to the Paris Regulations. Article .'> provided that the-
vessels engaged in sealing should enter diWly in their official log-liooks the number and
sex of the seals taken and that these entries should be coinnnuiicatrd bv each
Government to the other .it the end of each season. This Rei^iilation was prescribe<l
in order to procure reliable statistics as to the proportion of l'<inale seals killed, but it
was fouml to bo unsatisfactoi'v and imperfect in its jiracti' il o|)eratioii. The catch
of American vessels was subjected to an official insjiection at tiiehome iH.rt, and it was
found that they reported a much greater jiroportion of females seal- akcn than the
British sealei"s. Although in many instances the Hritish sealers ".re close to the
American sealers, yet the American sealers reported from tw- 1" t?- (> times as many
females as males, a result entirely at variance with the Hriti»ii Kiuni';. This state of
facts let the Acting Secretary of State, the lOth May Iv.'t. to r-ipieM of Ihe Hritish

• .

110

GovfTiimont (lieir ponsent to the stationing of United States inspectors at British
(Joliimhiaii ports for tli« ])urpos'' of verifying the log entries of British sealing-
vossels, with tlu' offer of a reciproeal privilege in American ports to British inspectoi-s.
No ansiwer liaving been received, on the I3th Septemlx^r, and again on the
ISth Se|)leni))er, tlie re(|uest made in the previous May was renewed. On the
2Uh of September* the British Ambassador replied that the request for inspcn^tors
Mas not acceptable to Her Afajesty's Government, "on the ground that the matter is
alr(!ady ])rovide<l for by the Award Regulations, the sealers bring bound themselves to
keej) a record of sex."

The measure was regarded by this Governnient as so importjmt that on the
lutli December, 18!)0. Secretary (Jlney recalled it to the attention of the British
Aml)assad()r, in connection with the sealing of arms. The answer of the British
Governiiient to this second application was that "the compulsory examination by
experts of skins on landing at Britisii ports would re([uirc legislation in Canada," and
that tiie views of the Canadian Government would have to be ascertained. lu
answer to the inquiry of Secretary Olney on the 23rd January, 1S!)7, as to when the
Canadian Government was likely to take action, the Ambassador replied on the
2 Uli irarch that Her Majesty's Government were " still in correspondence with the
Canadian Government" and that a further communication would be made as soon aB
j)ossible. No further communication has been made.

I r(>gret that this state.nent has become so lengthy, but in view of the fact that
the British Government, when jjressed for a remedy to well-established defects in the
Ilegulations or the Acts and Rules agreed upon for their enforcement, has appealed to
" the Arbitral A ward which the two nations have solemnly bound themselves to abide."
I have felt the present occasion opportune to make a review of the events which have
transpired since that Award was rendered, and to challenge a comjjarison of the
conduct of the two Governments with regard to the final action of the International
Tribunal of Arbitration. In no respect has the United States Government failed to
observe the exact tcrnis of the Award or to accept its recommendations in their true
sjiirit and full effect, even tiiough they have entailed heavy expense and caused great
damage to long-established interests of this nation.

On the other hand, I think I have shown that the British Government has from
tb(! b(>ginning and continuously failed to respect the real intent and spirit of the
Tribunal or the obligations imposed by it. This is shown by the refusal to extend the
Regulations to the Asiatic waters ; by the failure to put in ojjeratiou the recommenda-
tions for a suspension of the killing of the seals for three, for two, or even for one
year ; by the neglect to put the Regulations in force until long after the first sealing
had been entered on ; by the almost total evasion of the patrol duty ; by the opposi-
tion to suitable measures for the enforcement of the prohibition against fire-arms ; by
the omission to enact legislation necessary to secure conviction of the guilty ; and by
the refusal to allow or provide for an inspection of skins in the interest of an honest
observance of the Regulations.

Tlu) obligations of an international ^Vward, which ai'e equally imposed on both
parties to its terms, cnn not properly be assumed or laid aside by one of the parties
only at its pleasure. Such an Award whicu in its practical operaticm is binding only
on one party in its obligations and burdens, and to be enjoyed mainly by the other
party in its benefits, is an Award which, in the interest of public morality and good
conscience, siiould not be maintained. Having in view the expressed object of the
^Vrbitration at Paris and the declared purpose of the Arbitrators in prescribing the
Regulations, when it became apparent, as it did after the first year's operation of them
and with increased emphasis each succeeding year, that the Regulations were iuadc-
quati! for the \)i "pose. it was the j)lain duty of the British Government to acquiesce
in the request of that of the United States for a Conference to determine what further
measures were necssary to secure the oi;d had in view by the Arbitration.

A eoui-se so persistently followed for the jiast three years has practically
acci>nii»lished the commercial exterminntion of the I'ur-seals and brought to nought the
patient labours and well-meiint conclusions of the Tribunal of Arbitration. Up<m
Great ihitain must therefore rest, in the public conscience of mankind, the responsi-
bility for the emharrassmeiit in the relations of the two nations which must result
from such conduct. One of the evil results is already indicated in the growing
conviction of our people tiiat the refusal of the British Government to carry out the
recommendations of tliat Tribunal will needlessly sacrilici! an important interest of the
United States. T'hit; is shown by the proposition seriously made in Congress to

• See No. 39

|t Hritisli
sealiiij,'.

fspectors.
on the
On the

ispt.'ctors
latter is

|iselvi!.s to

on the
Ip British
British
ition by
|iila," and
led. In
\v\nm tlie
on tlie
I with tlie
soon as

111

abandon negotiations and destroy the seals on the islands, as the speedy oml to a
danaoroiis controversy, althoiii!;b such a measure has not been entertained by this
Departr it. We have felt assured that as it has been demonstrated tliat the i)raetiee
to pelaj^ic sealing, if continued, will not only brim,' itself to an end, but will work the
destruction of a great interest of a friendlynation, llor Majesty's (iovernment "o\ilrt
desist from an act so suicidal and so unneighbourly, and which certainly could not
command the approval of its own people.

The rresident therefore cherishes the hope that, even at this hitc day, the Mritish
Government may yet yield to his continued desire, so often express(Ml, for a Conference
of the interested Towers; and, in delivering to Lord Salisi)ury a copy of this instruetiini,
you will state to him that the President will liail witii great satisfaction any indication
on the part of Her Majesty's Government of a disposition to agree upon such a
Conference.

llespoct fully yours,
(Signed) JOHN SHERMAN.

No. 95.

The Marquess of Salisbury to Sir J. Pauncefote. '"" ~ '^

Sir, Foreign Office, May 27, 1897.

I HAVE to request you to inform the United States' Government tliat the sloop
" Wild Swan," Commandec Napier, and the gun-boat " Pheasant," Commander
Garforth, will bn employed in Bchring S°a on patrol duties tl-.is season on behalf of
Her Majesty's Government.

I am, &c.
' •• ' (Signed) SALISBURY. '

No. 96. ■ . ■>'• -- '

Sir J. Pauncefote to the Marquess of Salisbury. — (Received May 29.)

My Lord, Washington, May 18, 1897.

I HAVE the honour try acknowledge tlie receipt of your Lordship's despatch
o( the 7th instant on the subject of the fur-seal tishery, and to report that I read the
despatch to the United States' Secretary of State this day, and left a copy of it witi> him,
in iiccordance \iith his desire.

I have, &c.
- (Signed) JULIAN PAUNCEFOTE.

No, 97.

..).'i.f

Sir J, Pauncefote to the Marquess of Salisbury. — (Received May 29.)

My Lord,

i>iy L.oru, " uj>#M/iyiu«,

I HAVE the honour to inform your LorJship that I have this day
to the United States' Government in the sense of your Lorcisiiip's
1st instant respecting the sealing-up of arms jmcl the inspection of skins 1

from British sealing-vessels.

IVashinglon, May 18, 1897.

addressed a note

despatch of the

ipection of skins landed at Victoria

I have, &c.
(Signed) JULIAN PAUNCEFOTE.

ffiWJ

ft'^-j*: JV'

112

No. 98.
Sir J. Paunce/ole to the Marijurss of Salhbtirij. — (Rereiied June 20.)

My F^ord, Washiriijton, June 5, 1807.

NVI'I'H reference to my telegrams of the 14tli April and the Srd ultimo
rcs|)fctiveiy, reporting.' that taciiitie-i would ho granted to the British icientists on their
visit to Behring Sea, I have the honour to reijort that I am in receipt of a note from the
United States' Secretar}' of State, dated the lird instant, informing me that a letter was,
on the I st instant, addre?serl hy the Treasury Department to Mr. Joseph .Murray, th'
Special Af.'ent in charge of tiie seal islands in Alaska, informing him that Professor
Thoiipson and Mr. Macoun, re|)r('senting Her 3Iajisty's Government, intend to visit tlie
islands during the coming summer to renew the investigations of seal life commenced hy
them last year, and directing him upon their arrival to extend to them every courtesy
within his power, and to place v.ithin their reach every possible facility U\- the prosecution
of their work of investigation.

I li.ive brought the above information to the knowledge of the Governor-General of
Canada.

I liave, &c.
(Signed) JULIAN PAUNCEFOTE.

No. 99.
Sir J. Paunce/ole to the Marquess of Salisbury. — {Received June 21.)

"My Lord, Washington, June 9, 1897.

I H.AVK the honour to report that, upon receipt of your Lordship's despatch
of the 1st ultimo, I addressed a note to the United States' Secretary of State in the sense
of your Lordsliip's instruction.s as to the seaiing-up of arms and the inspection of skins
landed at Victoria from British sealing-vcssels engaged in the Behring Sea (copy
inclosed).

I have now received a reply from Mr. Sherman, dated the Vth instant (copy
inclosed), together witii ihe Rules and Regidatioiis prescribed for the tishery season
1897, under Act of Congress of the Gth April, IS94. As your Lordshij) will observe,
Mr. Sherman, instead of accepting the proposal of Her Majesty's Government, states that
the " Inited States' Government consents that" these Rules and Regulations for the
government of United States' vessels emi)loyed in fur-seal fishing in 1897 "shall be
extended for the remainder of the present season to British sealing-vessels," and that he
is prepared, with my assent, to make the necessary changes therein to adapt them to
Britisli vessels.

In acknowledging the receipt of this note, I stated that I would forward it to your
Lb! iship tcr the consideration of Her Majesty's Ciovernment, but I thought it right to
point OLt that the Regulations which govern British vessels in the prosecution of the fur-
seal fishery can only he prescribed by British law, and that any extension or alteration
of them would require tlie sanction of a further order of Her Majesty in Council. I also
pressed him to inform me whether the proposal ol Her Majesty's Government as to a
renewal of liie arrangement of 1894 respecting the scaling-up of arms, which requires no
further legislation, is acceptable to his Government.

I have, &c.
(Signed) JULIAN PAUNCEFOTE.

Inclosure 1 in No. 99.

iSiV J. Pauncefole to Mr. Sherman.

Sir, Washington, May 18, 1897.

I HAD the hoi our of informing you verbally on the ^rd instant, uucier telegrapnic
instrmli«)iis liom Her Majesty's Principal Secretary < f State, that Her Majesty's Govern-
ment are picpared to agree to the renewal of tlie arrangement made in 1894 for the
gcaliu'j-up by a duly nuliiorized oliicer, on the application of the master, of the arms on

1807.
|l ultimo

on their
J from the
Jtter was,
rray, th>
|Profcssnr

visit the
?nced by
I courtesv
isecutioii

'"OTE.

113

boarfl a vessel proceeding to the fishery in Behring Sea or returning to port diirii:i;
the close season, but that the Canadian Government found themselves unable to concuv
in the suggestion that the skins landed from the British sealing fleet should be examined
at the port of destination by American experts. The proposals of the Unitod States'
Government in regard to both these points were contained in your predecessor's note ti>
me of the 15th December, 1896,

I am now in receipt of a despatch from the .Marquess of Salisbury statins; the ground.s
on which tliis decision was arrived at. .\s regards tho proposed inspection of skins the
Canadian Government are convinced that, even were it possible to establish that anv
punctures which might be found in the seal-skins were the result of gun-siiot wounds,
and that they could be readily distinguished from those made by spears, it would still be
impossible to prove that the animal from which the pelt was taken had been killed by
means of fire-arms.

I is a matter, it is said, of common knowledge that the skins of a large number of
seals killed by spears contain shot-wounds, so that no weight ciin be attached to anv
argument derived from these wounds as to the manner whereby the ultimate capture ot
the seal was effected. There is no means of proving that these shot-wounds were not
received during the migration of the seals outside iJehring Sea, where the use of fire-arms
is not prohibited, or that they may not have been inflicted by the crew of a vessel other
than the one by which the seal was eventually secured by the spear. Moreover, sealers
knowing that an examination such as that suggested awaited them at their destination
could readily ntld a spear-wound to the skin had the seal been shot, thus eflfectually
destroying the utility of any such test.

The case of the "Kate" is referred to by the Canadian authorities as illustrating the
force of the above remarks. As you are aware, this vessel was seized last season because
certain skins were found on board believed to have shot-holes in them, though it was after-
wards found that the vessel had no fire-arms whatever on board.

The Canadian Government are further of opinion that an examination of the salted
skins when landed at the home ports would prove of little use in establishing the sex of
the seals killed. They state that when the United States' Treasury CircJar, which is
referred to in Mr. Olney's note, first came into their possession, the matter was exhaus-
tively considered, and the conclusion reached that the tests therein indicated were wholly
ineffective for determining the question of sex.

I hare, &c.
(Signed) JULIAN PAUNCEFOTE.

Inclosure 2 in No. 99.

Mr. SherrrMn to Sir J. Pauncefote.

Excellency, Department of State, Wa$hington, June 7, 1897.

I HAVE the honour to acknowledge the receipt of your note of the 18th ultimo,
stating that the British Government was prepared to agree to a renewal of the arrange-
ment made in 1894 for the sealing-up by a duly authorized officer on the application of
the master of the arms on board the British sealing-vessels engaged in killing seals in
Behring Sea during the present season, or upon such vessels when proceeding to jjurt
during the closed season.

In reply, I desire to say that the Government of the United States consents that the
provisions of the Rules and Regulations prescribed by the President under the Act of
Congress, approved the 6th April, 1894, for the Government of United States' vessels
employed in fur-seal fishing during the season of 1897, shall be extended for the remainder
of the present season to British sealing-vessels.

Although Article 8 of the said Regulations is not applicable to British sealing-vessels,
I respectfully suggest that Her Majesty's Government be asked to require of said vessels
the information under oath called for by Form Catalogue No. 204, copies of which I take
pleasure in inclosing.

In case you are authorized to accept the terms of the Regulations of 18!)7, copy of
which 1 also inclose, i shall be glad to cause the slight changes that it will be necessary
to make to the end that the Regulations may be adapted to British sealing-vessels.
[038] Q

114

Asking thai tliu niiittLr rnay l)e ^^iveii iinineiliiito attention, and that I ho advised
of the Lonchisiori leaehed, so that no unnecessary delay shall arise in arriving at an under-
Btandin;: alike desirahle to hoth Governnjeius, 1 have Sic.

(Signed) JOHN SHF.RMAN.

Inclosure 3 in No. 99.
Form Catalogue No. 204 for Report of Catch of Fur-neaU.

Inclosure 4 in No. 99.

Regulations governing Vessels employed in Fur-seal Fishing and Sea-olter Hunting

during the Season of 1897.

Rules and Regulations prescribed under the Provisions of the Act of Congress, approved
April 6, 1894, for the Government of United States' Vessels employed in Fur-seal
Fishing during the Season of 1897.

AETICLE 1. Every vessel employed in fur-seal lishing shall have, in addition to
the papers now required by law, a spc^cial licence tor fur-seal fishing.

Art. 2. Uefore the issuance of the special licence required by the 4th Article of
the Award of the Tribunal of Arl)itration, the master of any sailing-vessel proposing
to engage in the fur-seal fishery sluill produce satisfactory evidence to the officer to
wliom application is made, that the hunters employed by him are competent to use
with sufficient skill the weapons by means of wiiich this fishing may be carried on.

Art. 3. Every sealing-vessel provided with special licence shall show under her
national ensign a flag not less than 4 feet square, composed of two pieces, yellow and
black, joined from tlie right hand upper cornti.- of the fly to the left hand lower corner
of the luff, the part above and to the left to be black, and the part to the right and
below to be yellow. Hetween the hours of sunset and sunrise all sealing-vessels shall
exhibit two vertical lights, natural colour, where they can best be seen, not less than
10 feet above the deck, and to be visible in clear weather at least 1 mile.

Art. 4. In order to protect from unnecessary interference sealing-vessels found
within the area of the Award during the closed season (that is to say between 30th
April and 1st August), but which have not yet violated the law, any sealing-vessel
intending to traverse the area of the Award during said closed season, on her way to
her home or other port, or to or from the sealing-grouuds, or for any other legitimate
purpose, may, on the application of the master, have her sealing outfit, including guns
and ammunition, secured imder seal, and an entry tliereof made on her log-book.
Such sealing-up and entry shall be a protection to the vessel against seizure during the
closed season by any cruiser, so long as the seals so affixed shall remain unbroken,
unless there shall be evidence of viohitiou of the Articles of the AAvard and said Act
of Congress of the Cth April, 1894, notwithstanding.

Art. 5. Such soaling-uj) and enti-y may be elTected in port or at sea by any naval,
Consular, or Customs officer of the United States, and at sea also by the Commander
of a British cruiser. An officer will be stationed at the Island of Atlu for this purpose
from tlu; 1st July to the 2.")th August,

The officer efi'ooting the sealing-up shall make entry in the vessel's log-book
certifying the fact and stating in detail the number and kind of guns and other sealing
implements, the amount and kind of ammunition, and the number and sex of the seals
and seal-skins on board.

Art. 6. All sailing-vessels l)ound to Behring Sea for the fur-seal fisheries shall,
before engaging in fur-seal fishing within thu Award area in said sea, report to the
ofh »■ of the lie venue-cutter Service stationed at Attu Island, or to the Deputy
CoOectorof Customs at Unalaska.

The said oHiecrs shall respectively secure under seal the guns and ammunition on
bourd all vessels thus reporting, wiiich have not already been so secured under the
provisions of Article 4 of tln^se Rules and llegulations, and shall in either event make
the entry thereof on the log-book of said vessel, stating in detail the number and kind

iul vised
)i under*

IAN. •

hng

of puns and other sealinar implements, the amount and kind of ammunition, and the
number and sex of tlie seals and s(>;il-skiiis on hoard. Sueli sealirii,'-up sliall :ilTord the
same j)roteetioQ as is provided under said Artiele 4. In lien of said sealiiiif-up the
master of any vessel so reportini; may deliver all •,'iiiis and ainniimifion on board to
the Customs or llevenue ottieers, respectively, in eliari.'e of siiid islands, said guns and
ammunition to be held at the sole risk of said master until called for at the end of tlie
sealing season.

Art. 7. Any sailins;- vessel of the United States may obtain speeial licence for fur-
seal fisliinj,' upon application to the Chief Olfieerof the Customs in any port of the
United States or fo tlie United States' Consular officer of any jmrt in' Japan, and
complying with the requirements of these lleij;ulations.

Art. 8. The masters of all vessels which have been enj^^af^ed in the fur-seal
fisheries, whetlu<r within or without the Award area, whether licensed or unlicensed,
shall make entry of their catch at the custom-house at the return port, and at the
time of entry shall file with the Collector, duly verified by oath, the oflicial log-book,
or a copy thereof, required to be kept l)y section t, Act of 0th April, 1 SOI, 'and in
addition thereto must fimiish under oath, the information reijuired by the form,
catalogue 204, which form shall be duly tilled out and tiled on entry. Copies of this
form and of the log-book required by said Act may be obtained from the Collector of
Customs.

Art. 9. The foregoing Regulations are intended to apply only to the season of
1897.

Approved:
(Signed) GROVER CLEVELAND. ^

In closure 5 in No. 99.
Sir J. Pinincpfote to Mr. Shenmin.

Sir, Washington, June 9, 1997.

I H.AVE the honour to acknowledge the receipt of your note of the 7th instant
in reply to mine of the 1 8th ultimo, in which I informed you that Her Majesty's
Government were prepared to agree to a renewal for tiie season 1897 of the arrange-
ment made in ISy-t relating to the sealing-i j, of arms, &c., with a view to the protection
from unnecessary interference of sealing-vessels proceeding to the fishery in Bchring
Sea, or returning to port during the close season.

You now inform me that the United States' Government consent to extend to
British vessels the Regulations prescribed by the President under an Act of Congress
for United States' vessels during the fishery season 18!i7 (a copy of which you inclose),
and you inquire whether I am authoriiced to accept the terms of those Regulations, in
which case certain changes would be made in them so as to adapt them to British
vessels.

I have the honour to state, in reply, that I have no authority to agree to the applica-
tion of those Regulations to Uritish sealing-vessels. The latter are governed by
Regulations of a similar character, prescribed under powers deiived from a British Act
of Parliament, and any extension or alteration of them imposing any new restrictions or
obligations would require the sanction of a further British Order in Council.

The arrangement of 1894 as to the sealing-up of arms being of an entirely
voluntary character required no legislation, and it can be renewed for the present
season merely by instructions to the naval or other officials charged to carry it out. I
should be much obliged if you would be good enough to inform me whether the
proposal on the subject conveyed to you in my note of the 18th ultimo is agreeable to
your Government.

In the meanwhile, I shall not Tail to transmit your note, now under reply, to the
Marquess of Salisbury, for the consideration of Her Majesty's Gov rnmeut.

(Signed) ' JULIAN PAUNCEFUTE.

[638]

%»

No. 100.
-S'lV ./. Pauncefote lo the Marquess of Salisbury. — (Received July 1.)

My Lord, Washington, June 20, 1897.

IX my despatch of the Uth instant I transmitted to your Lordship copies of
recent correspondence exchanged between the United States' Department of State
and Her Majesty's Embassy respecting the proposal of Her Majesty's Government to
renew for the fur-seal fisliery season, 1897, the Agreement of 189 •■ as to the sealing-up
of arms.

Tn reply to my note of tlie nth instant (Inclosure 5 in my despatch of that date)
Mr. Sherman addressed me a note, dated tiie 18th instant, copy of which I inclose
herewith.

As your Lordship will observe, Mr. Sherman omits to reply in this note to tlie
inquiry whether the ])roposal for the renewal of the Agreement of 189 1 is agreeable
lo the United States' Government, and makes a counter-proposal in the following
terms : —

" Tlie L'nited States' Government is willing to give to British vessels the benefit of
Articles 4, 5, and (5 of the Regulations controlling American sealing-vessels for tlie season
of 1S!(7, and it will accordingly so instruct its naval officers, should your Goveniment "
(Her Majesty's CJovernmentl " intimate its desire to this effect, at the s' le time informing
said officers that the fact of sealiiig-up fire-arius shall afford to British vessels the same
protection and immunity against seizure after search as is now afforded American
vessels."

I have this day replied to Mr. Sherman, stating that I am not authorized to deal
with this counter-proposal otherwise than by transmitting it to your Lordship. I inclose
copy of my note of this day's date.

I have, &c.
(Signed) JULIAN PAUNCEFOTE.

Inclosure 1 in No. 100.
Mr. Sherman to Sir J. Pauncefote.

Excellency, Department of Slate, Washington, June 18, 1897.

I HAVE the honour to acknowledge the receipt of your note of the 9th instant in
reply to mine of the 7th, in which you state that British sealing-vcssels are now subject
to Regulations prescribed under Acts of Parliament, and that any extensions or alterations
imposing any new restrictions would require a further Order in Council to bear any force
or validity. You further state that the Regulations prescribed for American sealing-
vessels tor the season 1897 go beyond the scope of the so-called Arrangement of 1894,
and, therefore, in the absence of a new Order iu Council, you are not empowered to agree
upon said Regulations. You conclude by stating that the Arrangement of 1894 was of a
largely voluntary nature, and you ask whether your proposition to agree to a renewal of
such Arrangement is acceptable to my Government.

I have the honour to reply that I am well informed that the Regulations for 1897
now applicable to American scaling-vessels contain much that is beyond the scope of the
Agreement of 1894, which was merely of a temporary and provisional nature, the same
being prepared hastily during the early part of May 1894 after the seaUng fleet had put to
sea. it is evident, therefore, that to accept the said Regulations of 1897 a new Order in
Council will be necessary, but I had no reason to assume that your Government would
not be willing to enact a proper Order in Council to bring about this result.

The provisions of the Arrangement of 1894, as 1 have stated, were merely of a
temporary or provisional nature. Experience has shown the necessity of furtlier and
more stringent Regulations properly to carry out the true intent and purpose of the Paris
Award. Tor cvample, there were no provisions in the Arrangement of 1894 as to lighls
on sealing-vcssels at night, nor as to the storing of arms, nor as to the sworn Returns
required of American vessels, nor was there anything contained in said Arr.uigement as to
the inspection of seal-skins landed ii; ports of the United States or Great Britain. The
latter safeguard — the inspection of ^^kins by pelagic inspectors — the United States regards
of the uimost importance.

E\en with all these precautions, however, American sealing-vcsseis undergo rigid
search when met at sea by .American cruisers. If, on examination, all fire-arms found on

1897.
lopics of
y State
Imeiit to
laliiig'-up

[at date)
inclose

to tlie
;rccal)le
>lIo\vin<>-

inclose

117

board are scaled, this fact constitutes evidence that they have not been used since the
seahng-up for illegal purpose?, m"' "my save tlie vessel from seizure in those cases where
skins are found on board with some evidence of having been shot.

It is not unnatural that both (lovernnients sliould desire (liat the inevitable annoyance
caused by the searching of vessel siiouKl 1k' reduced to a miiiimuni.

My predecessor, on tiie 2iid July, IS'JO. made certain suggestions which would
certainly have reduced to a minimum this annoyance, at least as regards vessels clearing
direct from Victoria for Behring Sea. His suggestions were : V'\t>x, that all British
sealing-vessels before entering Behring Sea shouM be searched at Unalaska by Dnited
States' revenue othccrs, and the fact that they have on board no tire-arms should be
duly certified to; secondly, that all skins landed by said vessels should be examined by
expert inspectors at the home port, to discover whether any bul !)een shot. The reply
01 your Government, communicated by Lord (Jougli, on the "Jlst Seplember, 1S'.)(;, was
substantially to the ett'cct that unless said preliminary search and certificate should
absolutely exempt British vessels from further search by American cruisers, the proposi-
tion could not be entertained. Your Government also declined to authorize the
examination of skins landed in British ports by pelagic inspectors on the ground, among
others, as stated in your note dated the 18th May, that such examination was not of
pr.ictical value.

Although the British Government may not consider such an inspection of value, it
is to be regretted that it could not have consented to such an inspection in view of the
fact that the United States' Government, advised by eminent experts, deemed it of great
value, and was willing to make certain arrangements, based in part upon such examination,
which would, as stated above, reduce to a minimum the inevitable annoyance resulting
from a search by our cruising vessels.

I regret that tlic views of the right of search expressed by my predecessor in his note
to you of the 16th December, 189G, are not agreeable to your Government. I feel
constrained to state that this Government regards this right as indispensable to a proper
execution of the intent and spirit of the Paris Award. The fact that fire-arms are sealed
up has not in practice released American sealing-vessels from most rigid search v.fhenever
fallen in with by an American cruiser, nor should any different result follow in the case of
a British sealing-vcssel.

In view of the fact, however, that said scaling-up may be regarded after times as a
most important piece of evidence to prove that the vessel has not used, illegally, fire-arms
in Behring Sea, and that said sealing-up may relieve the patrolling vessels of much extra
trouble, this Government is willing to give to British vessels the benefit of Articles 4,
5, and ti of the Regulations controlling American sealing-vessels for the season of 1 897,
and it will accordingly so instruct its naval officers, should your Government intimate its
desire to this eflFect ; at the same time informing said officers that the fact of sealing-up fire-
arms shall afford to British vessels the same protection and immunity against seizure after
search as is now afforded American vessels.

I would respectfully suggest an answer to this suggestion at your earliest convenience,
in order that proper instructions may be speedily prepared to the officers of the patrolling
fleet.

1 have, &c.
(Signed) JOHN 8HERMAN.

Inclosure 2 in No. 100.
Sir ./. Pauncefole to Mr. Sherman.

gjlf, Washington, June 20, 1897.

I HAVE the honoiir to acknowledge the receipt of your note of the IHth
instant, in answer to mine of tiie Oth, in which I had the honour lo inquire whetlur
the proposal of Her Majesty's Government to renew for the fur-seal lishery season,
1897, the Ayrecmeni of 1891 as to the .sealing-up of arms is agreeable to your
Government.

In reply to that inquiry, you state thai your Government "is willing to give to
British vessels the benefit ot' Articles 1, 5, and of the Kegulalioiis controlling
American sealing-vessels for the season of 1897."

I would beg leave to |)oint out that lliu above roiily hardly auswers the in.| dry
of my Government. The Arraiigcmeut of 1891 was a reciprocal one for the

mutual benefit of the «ealing-»es«els of bf>th nations. Its discontinuance, at the
desire- ol I lie fjinacliaii sealers, has l>eni (lf(iicciUcd ever since by your Governrrunt,
at wh*)Sf instance, tt;tTcfore. it may be saiil. it is now proposed to renew it.

TIte prici.->c UTuis ol the Arrangtnient were settled hy the then Secretary of the
Treasury (the Monourable J. Carlisle; and myself, and are to be found recorded in
my note to the late Mr. Secretary (Jresham of the 10th May, 1894.

If \our Uovernnient should l>e disposed to renew tliat Arrangement, as proposed
by mv Government, for the season \^ii~, there will be no dithcuky in extending its
benehts reciprotallv to the sealing-vessels of both nations. But your C(»unter-
pro|iosal " to extend to British vessels the benefit of Articles 4, 5, and (! of the
Hegulations controlling American sealing-vessels for the season 1897 " is not one
which 1 am authorized to deal with otherwise thai? by transmitting it to my Govern-
ment by the earliest opportunity.

(Signed) ' JDLIAN PAU^'CEFOTE.

No. 101.
Mr. Tover to the MarqueMt of Salisbury. — {Received July 10.)

My Lord, Manchester, Massachusetts, June 30, 1897.

WITH reference to Sir Julian Pauncefote's despatches of the 9th and 20th
instant respectively on the subject of the sealing-up of arms in Sehring Sea, I
have the honour to transmit herewith cojjy of a note which I have received from
the Acting Secretary of State, repeating the assertion contained in Mr. Sherman's note
of the 18th instant (inclosed in Sir J. Pauncefote's despatch of the 20th instant), that
the arrangements of 1894 were of a temporary and provisional nature, and stating
that, on that accoimt, they are considered by him inadequate to properly carry out
the intent and purjjose of the Paris Award, lie states, therefore, that the proposal of
Her Majesty's Government for a renewal of the said arrangements is not acceptable
to the United States' Government.

Mr. Day concludes his note by expressing the hope that an early and favourable
decision may be returned by Her .Majesty's Government as to the otler to give to
British sealers the benefit of Articles 4, 5, and of the Hegulations governing
vessels employed in the fur-seal fishing during the season of 1897 (Inelosure No. 3 in
Sir J. Pauncefote's d<-spatch of the yth instant), on account of the limited time in
which to issue instructions to carry out those Regulations.

I have informed the De|)artment of State, in reply to this note, that 1 have
brought its contents to the knowledge of your Lordship, and have reported the
substance of it to your Lordship by telegraph this day.

1 have t&c
J^cT (Signed) * REGINALD TOWER.

Brit
rect

issu

of
Se
wh
Ml

tie
rai

on
ev
de

Inelosure in No. 101.

Mr. Day to Mr. Tower.

Sir, Department of State, Washington, June 28, 1897. j ^

I HAVE the honour to acknowledge the receipt of the note of the British
Ambassador of the 20th instant, in answer to the Department's letter of the I8th
relative to sealing Regulations for British vessels in tiehring Sea. Sir J. Pauucelote
stntes that the offer of the Government of the United States to give to British vessels
the benefit of Articles 1, .5, and 6 of the Regulations controlling American sealing-
vessels for the season of 1^97 does not answer the inquiry of his Government as to
whether or not this Government will accei)t the arrangement of 1894 for the coming
season of 1897.

I have to say, in reply, as stated in the Department's note of the 18th instant,
that the provisions of the arrangements of 1894 were necessarily of a temporary and
provisional natuie, and are deemed by me inadequate to properly carry out the intent
and purpose of the Paris Award. I regret, therefore, to have to state the proposition
to agree to a renewal of said arrangements is not acceptable to this Government.

at the
lernmint,

jry of the

forded in

iJroposed
bding its
Icounter-
|« of the
not one
I Govern.

^OTE.

119

Trustinff that the decision of tin- British Government as to tlie rtffer to cive to

Britisli sealers tlie henetit of Articles 4. 6. and (i of t)ie lU-tfulations of lb97 will

receive early and favourable oonsidcriition, hccausc of the limited time in wliicli to
issue instructions to carrj- out said Retyulations.

I have, &c.

(Signed) WILLIAM R. DAY.

No. 102.
Mr. Towtr to the Marquens of iSaliabuTj/. — {Received July 15.)

My Lord, Manchenter, M ansae hiuetts. July 5, 1897.

i HAV E the honour to report that, upon receipt of your Lordsliip'o despatch
of the -7th May last, Sir Julian Fauncefole uddrestsed a note to the United States'
^'ecreta^y of State, dated the 13lh ultimo, informing him of the names of ihe two vessels
which will be employed in Behring Sea on patrol duties this season on behalf ol Her
Majesty's Government.

I have now received a note from Mr. Sherman in reply, copy of which I inclose,
expressintr the " deep regret of the President at the obvious inadequacy ot the proposed
fleet," and stating that the President hopes that Her Majesty's Government will augment
rather than reduce the fleet of three vessels employed last year.

Mr. Sherman asks for an early reply to his note, intimating that the designation of
only two vessels l)y Her Majesty's Government nn;;!)' be interpreted by the sealers an
evidence of an abandonment of the patrol, which would render it necessary for hmi to
detail a niucii larger fleet of United States' vessels for the present season.

1 have conveyed the substance of Mr. Slierniun's note to your Lordship by telegraph
this day.

i have, &c.
(Signed) REGINALD TOWER.

Inclosure in No. 102.
Mr. Sherman to Mr. Tower.

Sir, Department of State, Washington, July 2, 1897.

FURTHER referring to Sir J. Pauncefote's note of liie 13th June last*, in which th«
information is contained that the sloop " Wild .Swan" and the gun>boat " Pheasant" will
be employed in Behrinsr Sea on patrol duties this season, I am constrained to express the
deep regret of the President at the obvious inadequacy of the proposed lleet.

Five vessels have been designated by the President lor this purpose, and in view of the
area to be patrolled and of the number of sealing- vessels which have already engaged in
and are preparing to lit out for sealing operations this season, t!;e President hopes that
Her Majesty's Government will decide for the present season to add to the fleet of three
vessels employed last season rather than to reduce its numbers. The President believes it to
be impossible properly to execute the laws enacted to enforce ihe Paris Award unless a
larger fleet be designated by Her Majesty's Government.

An early reply to this note will be appreciated, as the President tears that the
designation of two vessels only by Her Majesty's (iovernment would be accepted ^/ the
sealers as evidence of an abandonment of the patrol which would render it necessary for
him to detail a much larger fleet of United States' vessels for this season.

It is unnecessary in this connection to repeat what I have already stated in my
instruction to Mr. Hay, dated the lOtb May, 18<J7, as to the inadequacy of the British
patrolling fleet during the past three years in which the Pans Award has been in
operation.

I have, &o.
(Signed) JOHN SHERMAN.

bac iio.fio.

120
No. 103.

The Mnrquexs of Salixhury to Mr. Adam.

(Tolppraphic.) Foreign Office, July 21, 1897, 2-40 P.M.

HKHRINO Sea patrol.

With reference to your despatch of the 5th July, you should inform United
States' Government that a third vessel. Her Majesty's ship " Amphion," will be sent.

No. 104.
Mr. Adam to the Marquess of Salisbury. — {Keceived July 24.)

My Lord, Manchester, Massachusetts, July 16, 1897.

"WITH reference to Sir Julian Fauncefote's despatch of the 5th ultimo, reportini»
that facilities would be {:ranted to Professor Thompson and Mr. Macoun on their
visit to Ikliring ^'ca, I have the honour to report that I yesterday received a despatch
from the Governor-General of Canada, expressive of the appreciation by the Dominion
Government of the action taken by the United States' Government.

I addressed a note yesterday to the United States' Secretary of State, copy of
which I also inclose, conveying at the same time the thanks of the Dominion Govern-
ment for the offer made to transport Mr. Maconn to the PribylofF Islands on board a
United States' revenue-vessel, an offer of whieli Mr. .Macoun will not be able to avail
himself.

1 have, &c.
(Signed) C. F. FREDERICK ADAM.

Inclosure in No. 104.
Mr, Adam to Mr. Shertnan.

Sir, Manchester, Massachusetts, July 15, 1897.

WITH reference to your note of the 1st May last to Sir Julian Pauncefote, I have
the honour to inform you that I have this day received a despatch from the Earl of
Aberdeen, expressing the high appreciation by the Government of Canada of the prompt
action taken by that of the United States to afford facilities to Mr. Macoun in his mission
to investigate seal life on the Pribyloff Islands.

His Excellency, at the same time, desires me to convey to the United States' Govern-
ment the thanks of that of the Dominion for the courteous offer made to transport
Mr. Macoun to the islands in question on board a United States' revenue- vessel.
Mr. Macoun has found himself unable to avail himself of this offer, as the arrangements
for his voyage had already been concluded before its receipt.

I have, &c.
(Signed) C. F. FREDERICK ADAM.

No. 105.
Colonial Office to Foreiyn Office. — {Received .July 26.)

Sir, Downing Street, .July 26, 1807.

I AM directed by .Mr. Sccictary Chamberlain to acquaint you, for the information of
the Marcjucss of Salisbury, that he has had under his consideration the despatch from
Mr. Secretary Sherman to .Mr. Hay respecting tht seal fishery.*

After an expression of disappointment and surprise at Her Majesty's Government
having rejected the proposals made by the Government of the United States, Mr. Sherman
proceeds to comment on the delay wliich occurred in the publication of Professor D'Arcy
Thompson's Report. He says (paragraph ."): —

" It would have been gratifying to me and useful to my Government, in studying
the important subject under consideration, if Professor Thompson's Report could have been

• Sep No. 34.

121

P.M.

I United
ent.

[897.
jrtinjy
their
[■spatch
Jininion

made pvihlic with the promptness which marked the appearance of that of Dr. .Ionian.
In that case there would have been ample time for both (iovcrnmenta to have examined
the Reports of tlie.se two eminent scientists before the opcnin-.' of another sealinir season.
But it seems to have better suited the purposes of Her Majestv's (Jovernment to withhold
Professor Thompson's Report until an opportuiity was aflbrded to examine that of
Dr. Jordan, and thus enable the former to piiss the latter in review, criticize its statements,
and as far as possible minimize its conclusions. It is not pleasant to have to state that the
impartial character which it has been the custom to attribute to the reports of naturalists
of hiiih >tanding has been greatly impaired by the apparent suiyection of this Report to the
political exii;encies of the situation. It is further to be regretted that the Report was so
ong delayed that no opportunity was afforded this Government to examine it before the
definite and final rejection of the President's proposals, based mairdy upon its conclusions,
was communicated to me. This conduct recalls the incident which preceded the arbitra-
tion at Paris, and which came near rendering tlie arbitnition abortive, when a similar
Report of a British Conmiission was withiield until after the case af each Government was
exchanged and the Report of the American Commission made i)ui)lie."

Again (paragraph 5) : —

" Professor Thompson's Report is plainly written with a view to minimize as tar as
possible the depjeted condition of the herd on the Pribyloff Isl.inds;" and (paragraph 6)
"although Professor Thompson has been very careful throuy;hout tfie Report to say
nothim; likely to embarrass his Government."

The reasons for the delay in the preparation and publication of Professor Thompson's
Report were given in Lord Salisbury s despatch to Sir .1. Paunceforte of the 7th .May.*
Those explanations cannot, however, have been before Mr. Sherman when he permitted
the insertion of the above-quoted statements in his despatch, and Mr. Chamberlain would
not refer to this point, altiiough so prominently put forward, if he did not feel it necessary
for the vindication of Professor Thompson's high character and reputation to declare that
the alleuations made against him are totally unfounded, and therefore equally unjustifiable.
Turninir to the practical issues raised in Mr. Sherman's despatch, I am to point out that
be is mistaken in assuming that Her Majesty's Government attril)uted co Dr. Jordan
the statement that theic is a "depleted condition and prospective early extinction of the
herd." The words in question were used in Mr. Sherman's note to which Her Majesty's
Government were replying, and they must adhere to their opinion that the stutcmeat
is not warranted by any facts contained in the Report,

The passages cited from that paper are merely expressions of opinion, and the grounds
upon which such opinions are based are not set forth in the report, and the passage on
p. 21, where it is asserted, " he clearly recognizes diminution, as evidenced by photographs,
as also by decrease of harems," must be read with his statement that " there is no assurance
that photographs taken the same date on successive years show the same or relative con-
ditions, as the arrival of the seals, and doubtless their movements on the rookeries, are
affected by the state of the weather and the advancement of the season.

The statement quoted from Dr. Jordan's final report with which Her Majesty's
Government have not yet been furnished, is interesting. It says : —

" From a careful study of all the conditions, in our opinion the fur-seal herd on the
Pribyloff Islands has decreased to about one-filth of its size in 1872-74, to somewhat lest
than half its size in I»iti), and that between the seasons of 1895 and 1S96 there has been a
decrease of about 10 per cent."

On p. 22 of his preliminary report. Dr. Jordan estimates the seal-herd in 1896 as
consisting of " 1 43,07 1 breeding females, or a total number of about 440,000 of seals of all
grades," and he adds, there may have been, in 18y5, 15.5,000 breeding seals, or a total of
475,000." Dr. Jordan's matured reflections therefore, on the comparative state of the
herd, liave apparently led him to consider that the loss during the period 1893-96 was not
7^ per cent, as he thought in November last, but " about 10 per cent."

In the passage referred to on p. 22, he only carries his comparison back to 1880,
when he estimates the herd at "600,000 breeding females, 1,500,000 of all grades," but
he has now apparently carried his comparison further back, and estimates that in 1872-74
the herd was about five times its present size. This would mean that at that period the
herd numbered 700,000 breeding females, and 2,200,000 seals of all grades collectively,
and Her Majesty's Government will await with interest his explanation of the disappearance
of 100,000 breeding females and 700,000 seals of all grades in tiie period between 1872-74
and 1880, when pelagic sealing had not yet begun. Mr. Chamberlain is not aware that it
has ever previously been admitted that there was a decrease in the herd between 1372-74

• See No. 90.

[6381

122

Bnd llSSO, iiiui npimrciill)' Dr. Jordan himself was not aware of it when he wrote his
jmliniinurv Report, as on p. 17 of tliat i)aper, lie states that " until 1872, and perliajx a few
ytars after, tiic hen! continued to inere.ne. Durintr the period 1872 to 1*78, it donhtlegg
remained jjiastically in a state of t(iuilihrium under the various checks actinjj; upon it, of
which tlie trainpiiii^ of pups was the chief. The Noilh-wcsl catch, wiiich remained
stationary at ahoiit 5,000 dnrint; tiinse years, heing another element of check." Wluther
the earlier or later views f-f [)r. Jordan are to he taken as cxpressint; his final opinion,
the discrejiancy shows ttie difllculty attending tlie discussion of the question in couse-
qijciice of tlie ahsence of any really trustworthy data on which comparisons of the size
of the herd at ditlercnt periods c.in be based, and justifies the action of Her Miijcsty's
Government in refiisiiii^ to be drawn into a discussion of the question until further informa-
tion has been ac<|uire(l.

Mr. ijiermnn ajiain refers to the faIlinf?-ofT in the pelagic catch last year in iU-hring
Sea ill support ol the cont'-ntion that the iierd has declined, and cites the figures ot the
cuteli tor 1894, iHiifj, and I^Ofi, from which it would appear that the catch per vess-el in
18l»0. had fallen oH' nearly one-half as compared with l«04.

'Ilic tiiteli ot 1n!)4 was altogether exceptional, as will he seen from the Table
printed at p. lit"^ of the licpoit of the Secretary of the United States' Treasury for 189.5,
and e.\eee(led that of any previous year, as well as that of the sulisequent years, and
tl)( extraordmaiy vari.iti msinthe catch Irom year to year which characterize the industry,
render it iiupossihle l(> dediire Irom the .iveragc eateh per vessel in any year aiiv safe
001'.-.. ion as to the stnte ot tlie herd.

Mr. Sherman (jwotiuiis l!ie assertion that the falling-ofF in last season's catch was
partly due to stormy weatlicr, and cites Captain Hooper's statement that boardiny opera-
tions were possible dining twenty-four days in IBOfJ, as compared with twenty-five in 1895,
a statement whieii Ilir Majesty's Government have no reason to doubt, thouj?h it does
not follow that scalini; operations in canoes are practicable whenever boarding is practi-
caiile, still less tliat the weatiier is favourable for sealing, and, as Lord Salisbury is aware.
Admiral Palliser, in his Report on the season, described the weatiier us "exceptionally
bad." It is unnecessaiy to elaborate this point further than to add that Her Majesty's
Government might e(|ually well maintain iVoin a comparison of the results of the Xorcli-
west coast cateii in 189."> and I89(i, that si.-als were more numerous in the latter year.

The number of seala is limited, and it is impossibh.', therefore, that the cateli per vessel
should remain the same wliile the nmnber of ^•'> els engaging in it has almost doubled.
The |)rcsencc of a greater number of vessels must uei-'essarily interfere to some extent with
each other's operations, and moreover the Ctiiisfant j ;'.trolling of the limited area ol' the
fishery by steam-vessels must tend to disturb t' e jcals and diminish the catcli, which
in liehring Sea is made almost entirely from s!f'C|iii;g seals, even if the constantly repeated
boarding to which the British vessels have been subjected had not constituted a material
hindrance to the ojierations of the sealing flee'. The extent to which British sealing-
vessels have been unnecessarily haiasscd by the United States' patrol-vessels during 189.5
and 1890 may be judged from the tact that in 1894, when the British sealing fleet
numbered only twenty-iwo vessels, thirl y-six boiirding operations were performed, aa
aveiage of one and a-half per vessel, while in 1895, when a fleet of forty British vessels
was engaged, the number of boardings rose to 183, an average of four and a-half per vessel,
and in 1890 the British fleet of fifty-seven vessels was subjected in Behring Sea alone to
171 boardings by the United States' patrol, an aveiage of three times per vessel. It is
interesting to note that in 1S9;j seventy-six United Slates' vessels were subjected to only
]M boarding operations. If it is borne in mind that at each 'joardiiig operation by United
Stales' vessels the whole catch is pulled out of the salt in which it is packed, and each skin
carefully examined, and then left to be resalted and repacked by the crew of the sealing-
vessel, some idea may be formed of the extent to which the operations of the sealing
fleet are subjected to active obstruction, in addition to the loss caused through the effect
of the constant movements of the steam patrol-vessels in scaling the seals. In addition,
most of the vessels were boarded one or more times by Her Majesty's ships. It is
necessary here to note that, in his efforts to prove the approaching commercial extermina-
tion of the fur-seal, Mr. Sherman has, unintentionally no doubt, by quoting without
reference to its context a passage from Lord Salisbury's despatch of the 21st April, placed
upon it a construction which is not borne out by its language.

He says : —

" A Table ap(!eiided to his Report shows that the total product of the pelagic catch of
1896 in the London market was about half the amount of that of 189.5, and Lord Salisbury
informs us that this result has ' brought many owners of the sealing-vessels to the verge of
bankruptcy.' "...

vei

rote his

'p" ci few

oiilitlegg

'>" it, of

f'liaiiied

^Vlk-ther

o|'iiiioii,

c'ouse-

tlie size

Miijcsty's

iiforma-

^f bring
ot the

'^••el in

■ral)le

•*, and
lustry,
ill IV safe

123

Whnt Lord Salisbury did attiialiy say was that " the small r;\tch and low prices
obtninrd for the skins last year hrout^ht many of the owners of the scaling-vcsscls to the
vtrjte of bankruptcy."

It is perhaps unnecessary to dwell further on this part of Mr. Sherman's despatch, as
it has been answered by anticipation in Lord Salisbury's despatch of the 7tli May, to
which no reply has been received, but in view of the fact that Mr. Sherman speaks
throughout as if pelacic scaling were the sole cause of the aliened deplctiou of tiie herd, it
may be well to again call attention to the conclusion tiiere drawn from Dr. .Ionian's
estimates of the herd at different periods, viz., that the decline of the herd was much more
extensive before pclajjic sealini; became general than it has been since.

Mr. Chamberlain cannot pass without notice the attack upon Her Majesty's Govern-
ment for declining to consider an immediate revision of tiie Fishery Heijulations
established by the Arbitration Tribunal at Paris in 1803, as this attack fornis so consider-
able a portion of the despatch, that silence might be construed i)y the Fuited States'
Government as an admission that Mr. Sherman's observations cannot be answered.

The expressed ob'vi.t of the arbitration was "the preservation of the fur-seals," and
the Regulations adopted were framed with a view to "the proper protection and |)rescrvatiou
of the fur-seal .... resorting to Behring Sea."

From a perusal of this despatch of the 10th .May it might be inferred that the
" proper protection and preservation of the fur-seal" is identical with tlic suppression of
pelagic sealing, and this view is consistent with the attitude maintained by the United
States' Government from the outset.

In support of their views the United States' Government have departed from the
noblest traditions of their country which had earned universal honour by their efforts to
vindicate the freedom of the high seas.

The nation which is now so zealous for prohibiting the killing of seals on the
high seas was, in 1832, with ecjual zeal asserting a claim of right for its citizens not only
to kill seals on the high seas, but to land and slaughter them on the shores of a friendly
nation. The Power which now reproaches Her Majesty's Government with " unneigh-
bourly " conduct because they decline to abolish an industry the lawfulness of which has
never been questioned except by tiie United States, and has, only four years since, been
vindicated by the highest international Tribunal, did not shrink iii IH.'VJ, when the
United States' sealing- vessel "Harriet" had been seized for violating tlie territory of
the Kepubiic of Buenos Ayrcs in tlic pursuit of fur-seals, from laiuiini; an arii'.cd [tarty
at Soledad and carrying off the crew and cargo of the vessel, and from declaring that
the seal fishery on those coasts was in future to be free to all .*imericans, and tliut tiie
capture of any vessel of the United States would be regarded as an act of piracy.

The shores of the Pribyioff Islands are to-day just as much uninhabited as were tne
shores of the Falkland Islands and Tierra del Fuego fifty years ago, but no Hritisii subject
has ever claimed the right to land and kill seals there as tlie United States' citizens did on
the South Atlantic under the protection of the guns of a United Sta'es' man-of-war.

British subjects, and Her Majesty's Government for them, have only claimed the
right of every subject of a free State to exercise their undoubted right of fishery on the
high seas ; yet, while exercising that right, British subjects have been seized, lined, and
imprisoned, in the face of the protests of Her Majesty's Government. And now, after
Her Majesty's Government, in their desire for an amicable arrangement with the United
States, had agreed to submit to arbitration their claim to exercise a right never before
disputed, and to leave to the Tribunal to determine when tliat riglil had been vindicated,
under what restrictions it should, in the interests of both countries, continue to be
exercised, and after they have ever since scrupulously adhered to those restrictions, they
find themselves, notwithstanding these concessions and sacrifices, accused of unneighbourly
conduct.

When the Award was made it was welcomed in the United States because it was
believed that the restrictions were sufficient to render pelagic scaling unprofitable, and
kat the interests of the lessees of the PribylofT Islands -..ould not under the new condition
ot affairs be materially or injuriously affected.

When it was discovered from the results of the first year's fishery that the
Regulations, severely as they pressed on the British industry, were not sufficient to
destroy it, the United States' Government began to press Her Majesty's Government to
agree to revise the Regulations. The same arguments as had just before been urged in
vain upon the Tribunal were repeated. Pelagic sealing it w is declared was suicidal, and
the extermination of the fur-seal was imminent. Her .Majesty's Government refused to
agree to set aside an Award arrived at after the most careful deliberation by the Tribunal,
[638] S

121

merely because it was found tliat British subjects could, under tlic restrictions imposed
by it, still continue to prosecute their industry successfully.

The ;i{;itatinn and pressure were continued, and cxaL'gcratcd statements as to the
condition of the lieid were circulated, till, when Her Majesty's Government sent their
Agents to in(iuire into the actual facts in 1890, it was found that, in spite of the large
catch of 189r>, the lic-d actually numbered more tlian twice as many cows* as it had
been oflicialiv a.-scrlcd to contain in 1895. The result of these investigations, as pointed
out in Lord Salisbury's despatch of the 7th May, has further been to show that pelagic
sealing is inucb less injurious than the practice pursued by the United States' lessees of
killing on land every male whose skin was worth taking. If the seal herd to-day is, as
Professor .Jordan estimates, but one-fifth of what it was in 1P72-74, that result must be,
in great measure, due to the fact that, while the islands were under the control of Russia
that Power was satisfied with an average catch of 33,000 seals, subsecjuently under the
United States' control more than three times that number have been taiten every year,
until tlic catch was perforce reduced because that number of males could no longer be
found.

Last year while the United States Government wcc pressing Her Majesty's Govern-
ment to place further restrictions on pelagic sealing t cy found it. possible to kill 30,000
seals on the islands, of which Professor .Jordan says, p. 21, 2'J,000 were to tbe best of his
information 3-year olds, though on p. 17 iie estimated the total number of 3-year old n ales
on the i.-.lan(ls as 15,000 to '2O,O0C. If such exhaustive slaughter is continued it will, in
the light of the past history of the herd, very (juiekly bring about tii«t commercial exter-
mination which has been declared in the United States to be iiiiniint;nt every year for the
last twelve years.

Enough has perhaps been said to justify the refusal of Tier Majesty's Government to
enter on a jjrccipitate revision of the Regulations, and if further justification were required
it is to he found in the nature of the industry as carried on by British subjects, especially
if compared with the proceedings of United States' citizens.

A large amount of British capital has been invested in sliips specially fitted for tl e
seal fishery, which cannot readily be turned to other uses, and niucli skill has been
acquired by those employed on the vessels whicii is useless for other |)urposes, and Her
Majesty's Government would recjuire very complete justification before they could assent to
measures which would render ;v large proportion of this capital and labour unprofitable.
The United States industry is carried on on land, no capital is required except a small sum
annually for the maintenance of the few Indians on tlie islands, whose principal sus-
tenance is, in fact, seal's flesh, and for bringing the skins to market. A partial or total
cessation of sealing is therefore a light matter to the United States' citizens as compared
with its result to British subjects.

The staling industry, moreover, as carried on by British subjects is at best a highly
speculative one. If by good fortune seals are met with in abundance and the weather is
suitable it may i)rove highly remunerative, provided prices are good. But when the
weather is bad, and seals are timid and prices as last year are low, heavy losses are
incurred. To add :;o these risks uncertainty as to the conditions under which the
industry may be canied on would be equivalent to putting an end to it altogether.
Mr. Sherman's strictures on the conduct vi flcr Majesty's Government should be read in
the light of these facts.

In further support of his indictment of Her Majesty's Government Mr. Sherman
jn-oceeds to review " the manner in which it (the British Government) has responded to
the action of the Paris Tribunal, and to what extent and in what spirit it has observed the
dv'ci.;ion and recommendations of tliat Tribunal."

This review contains some signal omissions and also some inaccuracies to which atten-
tion must he called. Mr. Sherman begins by recalling the fact that when the draft
Regulations were submitted to the Tribunal the) provided that the Regulations should
apply to all the waters of the Pacific Ocean to the north of the thirty-fifth degree of north
altitude and that the late Lord llannen objected to this provision, and moved an amendment
limiting the area to that part of the ocean and sea east of the ISOth meridian, and he
cites part of the wort's used by the President of the Tribunal in acquiescing in the amend-
ment, but omits the concluding portion which was "Nevertheless, as far as he was con-
cerned he (lid not desire to do anything which might be prejudicial to the position of
Great Britain or of the United States, in the negotiation wliich the Governments of these
two countries might engage ultimately with Russia and Japan." Mr. Slwrman also omits

• Tho number of cows, accordiiiB to the official estimate of 1885, was 70,428; the count in 1896 sbowtJ

H:'.071 ciuT"

Akk. ^'

fis im|)os<'d

as to tlic
sent tlicir
[T the lariTc
as it liad
as pointed
iat pelade
s lessees of
lo-day is, as
lit must be,
fl of Russia
under the
I every year,
longer be

's Govcrn-
kill 30,000
best of his
ir old n ales
'd it will, in
reial cKter-
e;ir for the

ernment to
jre required
especially

ted for t\e
II has been
!s, and Her
lid assent to
iiprofitable.
I small sum
incipal sus-
ial or total
s compared

st a highly

weather is

when the

losses are

which the

altogether,
be read in

• Shennan
iponded to
served the

lich aUen-

thf! draft
ns should
e of north
nendmont
1, and he
le amend-

nas con-
osition of
' of these
i'sG omits

896 showed

126

to mention that the amendment was unanimously auiccd to. Lunl ILmnon's views on
this point, iherclore, were equally sliarcd by his United States' cullca-ues on the
Board.

Mr. Sheritan continues, "When, in accordance with Article VII of the Treaty of
1892. the Russian and Japanese Governmculs were approached with a view to securing
their adhesion to the Regulations, they both replied they could only do so on tlicir
extension to the Asiatic waters," and when Secretary Gresliaiii vcil)all\ in October, 1893,
bioui;ht this view of the subject to the attention of the Britisii Aniba^sadur, he rcc(iL;ni/.ed
the force of the position, and said the situation seemed to suir-cst the prupriely of a
I'reaty between the four Poweis " for the preservation, for their common benclit of tiie
fur seals between the two continents, and north of the 3jth deizrce < f uorth latitude."
As a matter of fact the identic note to tiiu Maritime I'ov crs inviting their adlusion to
the Regulations was not dis|mtclicd till the 20th August, 1894.

In a despatch of the 'JGth October, \h0'), however, Sir J. Paunccfotc records a con-
versafiou with Mr. Gn'sham, in which he ici)orts : —

" He (Mr. Gresham) took tlie oppoituiiity of mentioning tiiat the Russian and Japanese
Governments would probably, us a condilion of their adhesion to the Rcmilations prescribed
by the Award, insist that the southern limit laid down in Article "J of (lie i{cLiuiuti(ins,
namely, the ."iSlh degree of north latitude should be extended as far as tuc Jaj'iuiuse coast,
so as to protect the Russian and Japanese rookeries. Mr. Grishaiii was ol opinion that it
would be difficult to resist this demand on equitable grounds, it bciii^ based on reciprocity.
lii reply to his inquiry, 1 said that the contention might seem plausible inougli, but I did
not know how it would be viewed by Her Majesty's (Jovcrniiieiit. I underbland that
Mr. Bayard has been instructed to confer with your Lordship tlicivoii."

There is thus a discrepancy between Mr. Gresham's report, as quoted by Mr. Sherman
of the language used at this interview by Sir J. L'aui.cefote, and Sir J. i'auncefotc's own
report of liie same interview.

liowcver, this may be, and whatever instructions may have been st.iit to ^Ir. Bayard
as to the interests of Russia and .lapan, he appari'iitly did not cun.sider thai hu was desired
tc bring the question before Tier Majesty's Government for his oUicial note of the
20th November made no allu.sion to the subject, and that note, witii t lie exception of a
verb.ll communication on the :^Otli September, 1893, expressing the desire t)f his Govern-
ment for prompt action in procuring legislation to give cH'ect to the Award, and in securing
the adhesion of otiier Powers was the first communication received from him on the
question of tlie Award.

No note from Mr. Gresham of the ^iSrd January, 1891, on the subject of the seal
fishery appears to be on ircord, and the note of the 24th January, to whicii possibly
Mr. Sherman alludes, contains no allusion to tiie subject ol tlie .Japanese and Russian
fisheries, nor does any conununieatioii appear to have been made to Ikr .Majesty's Govern-
ment on the 2nd May, 1891, in reference to this (lueslion, Mr. Siiermaii appears to have
been misinformed as to what actually took place i regani to tlii.s matter.

On the 11th March, 1891, Mr. (iresham, in the course of u discussion on the subject
of the legislation proposed by the respective' Governments lor eiit'urciiiL' the Award,
threw out a suggestion for a Convention between the four Powers j.-riiieipally
interested, namely, Great Britain, tho United States, Russia, and Japan, to embrace a
complete scheme of regulations applicable not only to tlie hiuh seas, but also within
the sovereignty of each Power, and he coupled this with a proposal tliat meantime the
modus Vivendi established during the arbitration, should be icneued and extended over
the whole area of the Award. Such a modus vivenili would have jiru'tieally iiieveiited any
pelagic scaling on the eastern side of the Pacific, and would have driven the whole body of
pelagic scalers to the western side, the Japanese and Russian fisheries wliicli .Mr. Sher-
man now believes the United States' Governineut were anxious to protect. Her -Majesty's
Government replied, five days later, on the ililh March, that they s.iw no objection to the
proposed negotiation between the four Powers, and wcil wilting to renew iha modus vivendi
on the s'jmo terms as before, but could not cousent to its extensiun. As the United StatcH
insisteil or »lie extension, the proposal dropped tnr the time.

It is jio^jible that .Mr. Shernmn may iiavc! bad in mind tiie propu-aU marie by
Mr. Gresham, on the 'iMrii January, l.'^9."., to which he pre\iously referred. To that note,
after communication with the Dommion (iovcinment, n reply was retun.cd on the
ITtb May, which was received by the United States' (Jovernmc>nt, as Mr. Sherman states
in an earlier part of his (Uspatcli on the :i7lh .May. That reply, to wliieb .Mr. Sherman
refers as "complacently" stating "that the ';(iiidition of atiairs i;. iiuL ol so umeiit a
character us the Picsidetit has been led to iielievc, " ami thai llierewas iiu " such ur.;cnt
daii"cr of total c.xtinctitm of the seals as to call t'or a departuu lioin tlie Arliiltal .'.ward by

[(i3b| ^ •-'

120

whicli the two nations liavc solemnly bound themselves to abide," contained u very full
statement of tlie reasons for tlic bclieif expressed by Her Majesty's Government to which
tiicv have not yet hail any reply, and Mr. Sherman omits to mention that alternative pro.
poaals were submitted for the prosecution of a joint in(juiry into the facts, tiie necessity for
v/hich has been fully established by the results of last year's investigations. If that pro-
posal of Her Majesty's Government had been promptly accepted, the first trustworthy
information as to the state of the seal herd would have been availal)lc at the end of 1895
instead of at the end of 1896, and would have afforded, with the information collected
in tile latter year, some criterion of the progress or decline of the herd.

The reasons which induced Her Majesty's Government to decline to enter upon a
joint ncijotiation with the Jiree Powers interested in suppressing jielagic sealing were fully
set forth in the correspor dence, and it is unnecessary here to do more than call attention
to the fact that since IS J3 Great Britain has hau an arrangement with Russia in regard
to the seal fishery in tvhich that Power is interested, and that, as the seal iierds arc
generally alleged to be (|uitc distinct and not to intermingle, no advantage would have been
gained by ajoint negotiation, which could only have been based upon incomplete know-
ledge of the facts.

Mr. Sherman proceeds further to reflect upon the action of the late Lord Hannen
and of Her Majesty's Government in regard to the second Declaration annexed to the
Award of the Tribunal, which urged a suspension for a short period of any killing of seals
either on land or sea. Mr. Sherman states that Mr. Gresham instructed Mr. Bayard on
the 12tb September, 1893, to ask the concurrence of Great Britain in the enforcement of
this Declaration, and that Mr. Bayard reported on the 13th September that he had made
known his instructions to the British Government. Mr. Bayard must have failed to make
his meaning clear, lor Lird Kosebery's despatcli of the 13th September to Sir J. Pauncefote,
recording his conversation with Mr. Bayard, speaks only of arrangements "for carrying into
effect the Award of the Behring Sea Tribunal of Arbitration," and makes no I'eference to the
second Declaration annexed to the Award. On the 20th of the same month Mr. Bayard
communicated a further instruction from his Government on the subject of the enforce-
ment of the Award, but also without any reference to the Declarations, as is also the case
in the formal note addressed by Mr. Baj'ard to Lord llosebery on the 20th Novem-
ber. The first reference to the subject is contained in Mr. Gresham's note to Sir
J. Pauncefote of the 24th January, 1894, in which, after urging the early enforcement of
the Kegulations, he adds "the United States would be glad to prohibit entirely for a
j)eriod of three years, or for two years, or for one year, the killing of seals, but unless
Her Majesty's Government should be willing to agree to that measure it only remains for
ti' -• VQ Governments at once to give effect to the Regulations determined upon by the
T:*lo!t al as necessary in conformitv with the Treaty." In forwarding this note Sir
J. t uuneefotc observed that he had read this statement in Mr. Gresham's note with
• 1- prise, as it was inconsistent with his former language on the same subject at an inter-
view on the i;Jth December, when, as reported by Sir J. Pauncefote in a despatch dated
the IGth of that month, Mr. Gresham had stated "as regards the second Declaration,
respecting a further cessation of seal killing at sea and on land, Mr. Gresham stated that
he was opposed to closing the industry during the coming season. Such a course would,
he thought, raise a great outcry in this country, and, moreover, it was important to
ascertain what had been the effect of the cessation of seal killing for two consecutive
seasons in Behring Sea.'* Tiiis language, it need scarcely be observed, disproves
Mr. Sherman's belief that the United States' Government had been urging Her Majesty's
Government to agree to the adoption of the second Declaration from the moment they were
informed of it. Moreover, it is to be observed that on the 24th January, 1894, when in
the manner quoted, the suggestion to adopt the Declaration was thrown out, it was
too late, as the sealing-fleet had already started for the spring fishery. Her Majesty's
Government did not, however, as Mr. Sherman supposes, fail to respond, fee in
their reply, dated the 24th February, they stated with reference to the .sugpcst.ou i.iat
they were willing to agree as a temporary measure to renew the inodus ntudi for Si •
continued closing of Behring Sea. This offer did not meet with the view of the diiited
States.

Mr. Sherman's account of the action of Her Majesty's Government in regard to the
adoption of measures for enforcing the Regulations is also incomplete In calling
attention to the delay which took place in passing the legislation for giving efl'ect
to the Award, he omits to mention that part of the delay was due to the difficulty
caused by the desire of the United States' Government to transfer the negotiations
to London, although all the previous discussions in connection with the Behring
Sea difHculties had been carried on ut Washington, and Her Majesty's Ambassador

127

pry full
I which
|vfi pro-
hsity for
I at pro-
[worthy
U 1895
pllected

regard
Ms .ire
I'e been

know-

there was fully informed on the whole question, and, further, that for some time the
United States' Government persisted in a desire to proceed to enforce tlie Rcju-
lations by means of a Convention instead of by legislation, a course wiiich was
impossible for this country, where Treaties restricting or interfering in any way with the
rights and liberties of ti>e subject rei|uire the sanction given by express laws. The
proposed Icgisl.ition, too, mainly affected Her Majesty's subjects m Canada, and it was
necessary tlierofore to refer constantly to the Uoniinioii Cjovernment in the matter, and
there w.is no undue delay on the part of Her Majesty's Government in dealini; with it.

The British Act received tiie Royal assent on the 23rd April, 1S94, just seventeen
days after the United States' Act was passeu ; the Order in Council giving the necessary
powers to United States' otticers to act under the British Act was passed on the
30th April, and instructions were sent to Her Majesty's naval othccrs bv telegraph the
same evening, and the Act was thus brought into force before the beginning of the close
time fixed by the Regulations. The statement in .\Ir. Sherman's de--,)atch, therefore, tiiat
" the British Act to enforce the Regulations was not passed until four n.or.tlis after the
sealing season had opened, and the final Order in Council (the 27th .June, 1894) on the
subject was not issued until six montlis after the sealing fleet had put to sea in
disregard of the Award of the Tribunal " is misleading. Tiie Regulations, except in so
far as they prescribed a special flag for scaling-vessels, and the making certain entries
in the log and taking out a licence, all made no change in regard to the methods of
sealing during the ',)ring. Tiie Icgislntion was pns.-ed in time to enforce the close season,
and during the close se.T;on an.ngementswere completed with liic United States in regard
to the flags, &C., and it was to givt eHc^ to these arrangements tiiat the second Order in
Council, viz., that of the 27th .June was pas:ed, more than a month before the close season
ended. It is difficult therefore to know what is exactly meant by saying that "the sealing
tieet had put to sea in disregard of the Award of the Tribunal," unless it refers to the
departure of the fleet for the coast fishery in whicli the Award makes practically no change.
In regard to the charge of neglect of the police duties under the Award,
Mr. Chamberlain would observe that the sealing fleet consists entirely of small sailing-
vessels. In 1894 forty-lour were employed during the spring season, and thirty-seven in
Behring Sea. In 189.') the number in the spring season was fifty-two, and in iiehring Sea
fifty-nine, and in 1890 the numbers were forty-tliree and sixty-seven respectively. The
main tivity of the patrol is to prevent infringement of the 60-milo zone in Behring Sea, and
to ;;! event sealing during the close time, and even if the masters of the scaling-vessels were
'c t oil 'jvading tlie law, instead of being, as tiiey are, most anxious to conform to it. Her
A]aie>;t; a Government are satisfied that one man-of-war or revenue-cutter is (juite equal to
l')..;.ki>t:'' after eight small sailing-schooners.

ilw Majesty's Government also send three vessels to patrol tiie western side
"(' t. ■ Pmific to sec to the enforcement of the arrangement with Russia, and though
Unit! ' ' ..ates' pelagic sealers equally engage in the fishery on that side, and United
States have a similar arrangement in regard to it, Mr. Chamberlain has never heard
of any United States' vessel taking any part in the patrol on that side, and Her
Majesty's Government have, therefore, had employed in the patrol of the seal fisheries on
one side of the Pacific or the other five or six men-of-war as a rule, as compared with
five or six revenue-cutters on the part of the United States, and they have every reason to
believe that this force is ample for the discharge of the proper duties of the patrol.

The " strange misconception of the true spirit and intent of the Arbitrators," said by
Mr. Sherniaii to have been developed on the part of the British Government, lias been entirely
on the part of the United States — a misconception which Her Majesty's Government have fre-
(, .ently had to point out. The Agreement for allowing vessels to have their arms sealed up
wivS not renewed, because, as Mr. Siierman was well aware, it was made a pretext by United
States' officers for the unwaiTantable seizure of two British vessels. Moreover, Her Majestv's
Government made provision for the examination of sealing-visscis before clearing for
Behring Sea, and the issue to them of certificates by the Customs authorities, to the effect
that they had no fire-arms on board. The United States' Government declined to accept
these certificates and insisted that British scaling-vessels should undergo a further and,
as might be exjiected, unsuccessful search at the hands of a United .States' Customs officer,
'fhe United States' Government can scarcely have seriously expected that Her
Majesty's Government would consent to cast sucli a grave aspersion on the cliuracter of
their officials. The Award, it must be remembered, is carried out, so far as British vessels
are concerned, under a law of the Imperial Parliament, and lier Majesty's Government
iiave accepted the assi^tanee of United Statc'^.' commissioned officers in enforcing that law,
but they have not conferred (m them, nor did the Tribunal of Arbitration suggest li.at
they should confer on (iiem, the duty of supervising and controlling the uutici uf Urititli

naval or customs officers appointed to that duty, and tliey are pleaf cd to think that in spite
of all the boardins and searching with wliicli the liritish sealing fleet has been harassed, not
a single instance has been established of the use of tire-arms by British vessels contrary
to the Regulations.

Tiic so-called serious defect in the British Act for the enforcement of the regulations
is the next point in Mr. Sheman's indictment. He refers to the oiniision of the clause,
contained in the Act passed to carry out the moilus vivendi of 1891, which provided that
the |iresumption of guilt would lie against the vessel having on board fishing or shooting
implements, or seal-skins at forbidden times or in forbidden waters, and declares that
" the practical effect is to make it impossible in many cases to convict British sealing-
vessels, although there may be the strongest presumptive evidence of guilt, evidence
which, under the Act of Cr 'urvess, would in most cases procure the conviction of an
American sealing-vessel."

It would have been of muei ance to Her Majesty's Government if Mr. Sherman

bad mentioned one or two of i v cases, as only ten liritish vessels have been
seized during the three years that the Act has been in force. Of these, two were seized in
1694, not for violation of the Award, but having unsealed arms on board, the alleged arms
in one case being a musket with the hnrrel cut down, used for signalling to the vessel's
boats. 'J'here wiis absolutely no evidence in cither case that the arms had been
used, and the Admiral decided not to bring vessels so improperly seized to trial. One
vessel was seized last year by the Ignited States on the pretext that mere was a shot-hole
in one of the skins, tliough the most exiiaustivc search failed to reveal any arms on board,
and after a few days' detention the United States' officer in charge of the patrol released
her. There remain only seven vessels, therefore, brought to trial in three years, and
of these four have been convicted and heavy lines or forfeiture inflicted. The cases referred
to by Mr. Sherman are then lore reduced to three. One of tliese vessels was seized on the
ground that the master had not entered up in his log for two days the number of seals
taken, and the Court promptly dismissed the ease with costs against the prosecutor. The
other vessel released had been seized on a charge of usini;^ fire-arms in killing seals in
Behring Sea. Having been previously sealing on the Jajjan coast, where the use of
fire-arms is allowed, on entering Behring Sea the niaster had his ammunition and arms
carefully counted by the United States' ollicers at Attu before beginning sealing. When
searched subsecjuently there ;i|>peared to be some discrepancy in the ammunition, and one
skin had a hole in it presenting an appearance like that of a shot-hole. The discrepancy
in the ammunition was fully accounted for, but the vessel was sent for trial, and of course
acquitted. The third case of acc|uittal was somewhat similar to the last, except that the
evidence was even less strong, and the Commander of the British patrol fleet only sent
her for trial because his instructions gave him no discretion where a distinct offence
is charged against a vessel by a United States' oflicer. It is imjilied that because the
clause making the possession of sealing imjjlements priind facie evidence justifying seizure
appeared in the Act for the enforcement of the luodits vivendi in I8!)l it should also
have appeared in the Act of 1894 for enforcing the Award. But the circumstances were
completely altered. Under the inodus rirendi Behring Sea was closed to sealing. If
H vessel with sealing equipment was found within the well-defined limits of the sea, her
presence raised the presumption that she was there for an unlawful purpose. The Award,
on the other hand, .established a close season over the whole ai-ea of the North Pacific east
of 180° from the Isi M.".y to the 1st August. When the close season begins the sealers
have to find their way back to port through the closed area for hundreds of miles with
their arms and skins on board. Before the season opens in Behring Sea they have again
to find their way through the closed area with their equipment on board to be ready
to begin operations as soon as the close time ends. If the clause were in the Britisii Act
i'v»;ry one of the vessels either going to or returning from the prosecution of their lawful
fishery could be seized solely because of the possession of the implements and produce of
bre calling. It would be evidently unjust to enforce such a provision.

Even if the o|)eration of the clause were restricted to the 60-miIe zone in Behring Sea,
it would obviously, with the fogs and currents there prevailing, when for days together it
i jnpossible to get a sight of the sun, be unjust to presume that whenever a sealing-vessel
was found inside a geogr.iphical line which she may have bad no opportunity of fi.xing, that
she was necessarily tliere for an unlawful purpose. Such a measure would be contrary to
the spirit of justice, and inflict unnecessary and unmerited hardship on a part of Her
Majesty's subjects who are most anxious to observe the law in every particular.

The final instance cited by Mr. Sherman of " the failure and refusal " of the British
Government to give full eflect to the Paris Kegulations," deals with the question of the
entries required in the uflicial log>books of the number and sex of the seals taken. He

129

ft ill spite

assed, not

contrary

bqulations

lie clause,

fidc'd tliat

shootiiiif

lares that

sealing-

J evidence

|on of an

speaks of the "daily" entry, though the word does not appear in the Regulations, and
complains that the Returns lurnished by Mritisli sealing vessels arc \intrust\vorthv, and that
Her Majesty's (Jovcrnment liave refused to allow tiiu catcli of British scalin;;-vesscls to bo
examined in Canadian ports by United States' Inspectors.

Mr. Sherman omits to mention the contention of Her Majesty's (iovernment that the
results of such ins|)ection for tiie purpose of deterininiM!^ the sex of the seal from which
the skin has been taken are at the best of very doubtful value, and tiiat althougli in tiie
case of males three years old or over, or of temaios wiiich have borne youns;, it is possible
to determine the se.\ from an examination of the skin with more or less accuracy, it is
not possible to do so with any approach to certainty in the case of the skins of young
males or females.

Mr. Sherman's charges are summed up in the final paragraphs of his despatch. Tliey
have been answered above in detail, nnd it has been sliown in regard to the alleged refusal
to extend the Regulations to the Asiatic waters that Regulations believed at the time by Her
Majesty's Government and the Government of Russia to be adequate in regard to these
waters, have been in force there since 1893, and that when Russia in 18!)5 complained of
their inadequacy, Her Majesty's Government took the first opportunity in 1S9() ot inquiring
into the state of the herd on the Russian Islands, and are conducting further investigations
with the same object this year.

In regard to the refusal of Her Majesty's Government to agree to the total suspension
of the killing of seals for a period of years, it has been shown that such a measure was irt
the first instance deprecated by the United States' Government, and when it was brouglit
up it w '.s too late, though in any case Her Majesty's Government could not iiave
agreed to sucli a measure, as it would have involved the ruin of an important British
indust.'y.

The alleged neglect to put the Regulations in force until after sealing had been entered
upon has been answered by showing" that all the substantive Regulations were enforei.'d by
the date fixed by the Tribunal.

The "evasion of the patrol duty" has been disposed of by showing that Her Majesty's
Government have actually had a larger force engaged in patrolling the seal fisheries of
the Pacific than the United States, and that the force is more tiian adequate for the
purposes.

The "opposition to suitable measures for the enforcement of the prohibition against
fire-arms " has been shown to be unfounded. The possession of fire-arms by a sealing-
vessel is not in itself illegal. It is their use which is prohibited, but it has been shown
that British vessels do not clear with fire-arms, that no instance of their use has been
established, and that Her Majesty's Government were compelled to withdraw from the
arrangement for the sealing of arms, because they found that not only did it not serve to
save British vessels from unnecessary interference, but was actually made a pretext for
unwarrantable seizures.

They have not omitted to enact legislation necessary to secure the conviction of the
guilty, but they have refused to pass legislation certain to embarrass and injure the
innocent.

They have refused to seek legislation authorizing an inspection of skins because they
do not believe that such an inspection would serve any useful purpose.

They have performed with the utmost rigour all the requirements of the Award, but
they have had to nudie continual and unavailing protests against the attempts of the
TTnited States to hamper and embarrass the op('r,'>:ions of British subjects pursuing their
lawful vocation.

The fact that in spite of these embarrassments British sealers have been able to
prosecute their industry with success has led to the continual efforts of the United States
to obtain such further Regulations as would effectively prevent that result, w tiioiit regard
to the object aimed at by the Tribunal in the Regulations they laid down which was to
preserve the seal fishery for the benefit of both countries.

Her Majesty's Government have never argued that the Regulations we e perfect, but
they have maintained that before they can be revised in a scientific manner accurate
information as to the increase or decrease of the herd must be available, and that such
information can only be obtained by accurate observations extending over a sufficient
period to enable accidental circumstances to be eliminated, and as soon as that is at hand
they will be ready to enter on a discussion of the question in the impartial and friendly
spirit with which they can confidently claim to have acted throughout this controversy.

I am, &c.
(Signed) EDWARD WINGFIELD.

mipp

'180

No. 106.
The MarquesH of Salitbury to Mr. Hay.

Your Excellency, Foreign Office, July 28, 1897.

IN the last imragraph of the despatch addressed to you by Mr. Sherman under date
of the 16th May last, and communicated by you to me on the 22nd of that month, a wish
is expressed for a Conference of the Pcvevs interested in the fur-seal fishery of the North
Pacific.

In reply, I have to state that Her Majesty's Government are willing to agree to a
meeting of experts nominated by Great Britain and Canada and by the United States in
October next, when the further investigations to be made on the islands during the present
season will have been completed. The object of the meeting would be to arrive, if possible,
at correct conclusions respecting the numbers, conditions, and habits of the seals frequenting
the Pribyloif Islands at the present time as compared with the several seasons previoas and
subsequent to the Paris Award.

It seems to Her ^lajesty's Government that Washington would be the most suitable
place for such a meeting.

The other portions of Mr. Sherman's despatch, in so far as they require any reply
from Her Majesty's Government, have been answered by anticipation in despatches
which I addressed to Her Majesty's Ambassador at Washint^ton on the 22nd April and
7th May last, and which have been communicated to the Government of the United
States.

I have, &c.
(Signed) SALISBURY.

No. 107.
The Marquess of Salisbury to Mr. Adam.

(Telegraphic.) Foreign Office, July 30, 1897.

MR. TOWER'S despatch of the 30th June and previous correspondence.

Her Majesty's Government regret that they are unable to accept the proposal made
by the United States' Government that their 1897 Regulations should be adapted to the
sealing-vessels of Great Britain.

Her Majesty's Government consider, with regard to the sealing-up of arms, that the
certificate of a British Customs officer, which is carried by the majority of British sealing-
vessels, stating that they have no fire-arms on board, already provides a sufficient
guarantee.

You should, however, inform the United States' Government that instructions have
been given that the officers of Her Majesty's patroliing-vessels should seal up the arms and
ammi^nition of any British vessel which applies to them, and make an entry to that effect
in the vessel's log.

y^.

mm MJPIWiJ J.l!JiMtW|ppjipi,i.:) AUU!.|4i.,yft i.jiP»l4i

* '