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Parliamentary Papers.
REPORTS,
RETURNS, AND OTHER PAPERS,
ISSUED BY
THE HOUSES OE PARLIAMENT
OF GREAT BRITAIN AND IRELAND.
Behring Sea Arbitration Papers
V.
1893-98
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Seizure of Britiah Cohooner "Araunah" off Copper iBland
Alaska Boundary. Treaty with United Statec, 1H92
RuBBian Goallng Intereata. Agreement for Protection of.
Seizure of British Sealing Vessels by Russian Oruisera. Oori-es
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Behring tiea Arbitration, Award of the Tribunal
ditto Papers relating to ^Proceedings of the Tribunal
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t*2<}-& cu«<L "^lol «Adf Couicu^A i/^ Veusv-dL Se/-
47328
[C
RUSSIA. No. 1 (1890).
OORRBSPONDBNOE
BESVEOTINO THE
SEIZURE OF THE BRITISH SCHOONER "ARAUNAH,
jj
OTV
COPPEB ISLAND,
BY THE
RUSSIAN AUTHOEITIES.
Presented to the House of Lords by Command of Her Majesty.
June 1890.
LONDON:
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TABLE OF CONTENTS.
No.
Name.
Date.
1 Mr. Trench
I
9 I Mr. Siewerd
a
4
5
6
7 i
8!
9 '
10
11
12.
13
U
15
16
Sir R. Morier . . . ,
Governor-Qoncral of Canada .
To Mr. Sicwcrd ...
Sir R. Morier ,,
To Sir R, Morier . .
Sir R. Morier
Goveriior-(ient'rnl of Caiindi
Sir R. Morier
To Sir R. Morier ,
Sir R. Morier
)> »
To Mr. Goslinp
Sept. 17, 188S
Oct. U9,
Nov. 14,
28,
.30.
Dec. II.
12.
Nov. 27,
Dec. 30,
Aug. 26, 1689
Oct. 3.
Feb. 14, 1890
19.
Mar. 19,
May 9,
Subject.
Captain and crew of " Araiinah " arrived in Japan,
and left for Vancouver . . . ,
Relating to seizure of " Araunah." What arc
held to be boundaries of Russian jiosscssions in
Behrinp's Sea ? .
Case is before Embassy. Awaits fuller statement
from owners . . . . . , , ,
Report by Canadian Privy Council, with doenments
and facts connected with the case
Replies to No. 2 . . . . . .
Summary of case, with documents. Proposed course.
Asks instructions .. ., .,
Acknowledge.', above. Instructions for guidance ..
Copy of letter to owners. Doubts as to case
Report by Privy Council, and further papers
Copy of note to M. de Giers in accordance with
instructions in No. 7
]?eply of Russian Government to above . .
Asks for further information on certain points in
the above reply . . . ,
Has there been any reply to above r
Answers above. None, as yet. .
Forwards reply of Russian Government to questions
as suggested in No. 12
Comments on above. Do pot propose to address
further representations to Russia
Page
1
1
2
5
6
13
14
15
16
17
20
21
21
21
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Correspondence respecting the Seizure of the British Schooner
" Araunah,*' off Copper Tslar.H, by the Russian Authorities.
lat arc
luns in
1
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. .
1
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24
No. 1.
Mr. Th-ench to the Marquis of Salisbury. — (Received October 25.)
My Lord, Tokio, September 17, 1888.
I HAVE the honour to report to your Lordship that the captain and crew of the
schooner " Araunah," of Victoria, British Cohunhia, captured hy the Russians, off
Copper Island, at tlio commencement of July last, and taken to Vladivostock, arrived
at Nagasaki on the 25th ultimo, and were handed over hy the Russian Consul at that
poit to Mr. Consul Enslie, who sent them on to Iter Majesty's officiating Consul at
Kanagawa. Captain Siewerd and his crew left Yokohama for Vancouver on the
Ist instant hy the Canadian Pacific steam-ship " Batavia.''
It is unnecessary for me to trouhle your Lordship with a detailed statement of the
circumstances connected Avith the seizure of the " Araunah," as full particulars have
already hecn given in a letter addressed hy Captain Siewerd to Her Majesty's Chargd
d'Affaii'es at St. Pctcrshurgh, to whom the complaint was addressed.
I have, &c.
(Signed)
P. LE POER TRENCU.
No. 2.
Mr. Siewerd to the Marquis of Salisbury. — {Received November 19.)
Sir, Victoria, British Columbia, October 29, 1«88.
WIIEN seized on the 1st July, 1888, in the British sealing-schooner " Araunah,"
of this port, 8 miles off south extreme of Copper Island, hy the Russian merchantmau
" Alexander II," and when I protested against this seizure, claiming to he hcyond the
gun-shot limit, the Russian officer, M. Grehnitzky, replied : " I would seize you
100 miles further south if found with seal-hunting outfit ahroad."
As the American side of Behring's Sea is closed to us, and I have been of opinion
that when south of the islands (Copper and Behring's) I was in the open waters of the
North Pacific Ocean, the above reply has prompted mc to ask of you the kindness to
give me the boundary-lines of the Russian possession adjacent to the North Pacific
Ocean, Copper and Behring's Islands included, as construed by your Department.
As your compliance with my request may avoid serious loss of property the
coming season, as I contemplate to himt again in those waters, I pray that your
Honour will favour me with an immediate reply,
I am, &c.
(Signed) H. F. SIEWERD,
Late Master of Schooner " Araunah."
No. 3.
Sir R. Morier to the Marquis of Salisbury. — (Received November 1 9.)
My Lord,
WITH reference to
St. Pctersburgh, November 14, 1888.
> your Lordship's despatch of the 7th instant, respecting the
seizure of the " Araunah,' • I have the honour to state that the case is in the hands of
* InclosiDg copy of No. I.
[316]
B 2
9
Ilcr ^fajcsty's Embassy, n sworn nffldavit, dated tlic 27tli August, togotlicr with a
frotosl by the t'a])tain and a declaration by the Superintendent of the Comnio(h)ro
slands, i* ho seized the ship, having been forwarded to Mr. Dcring, from Nagasaki, in
a letter from the master of the ship, transmitted by the owners, asking that no aetion
should be taVn until they have sent in their statement of claims and a legal opinion
on the entire t'lsc.
Until they Oo so I deem it best not to trouble your Lordship with the correspon-
dence on the subject.
I have, &c.
(Signed) 11. IJ. D. MORIER.
No. 4.
Lord Stanley of Preston to Lord KnutsfonC -—{Received at the Foreiyn Office,
November 28?)
My Lord, Government House, Ottawa, November 6, 1888.
I ILVVE the honour to transmit to your Lordship a coj)y of an approval llcport
of a Committee of the Privy Council, submitting a communication fron Mcssit' Ilall,
Gocpel, and Co., Victoria, British Columbia, the owners of the British schooner
" Araunah," together with certain documents and facts in connection with the seizure
of that vessel on the 1st July last, for an alleged violation of the Fishing and Hunting
Laws of the Imperial llussian Government, by the Russian merchant-steamer
"Alexander II," Avhilst in the prosecution of her legitimate calling as a scaling
schooner in the Behring's Sea.
Your Lordship will observe that a statement of this case has ah-eady been forwarded
by Captain Siewerd, his mate and crew, to Her Britannic Majesty's Charge d' Affaires
at St. Petersburgh.
My Government desire that a remonstrance may bo made to the Russian Govern-
ment for so nnwai'rantablo an act as that committed by the commander of the
" Alexander II," end o claim made for the loss and damage sustained by the ownei j
of the " .tVramiah " in consequence of this seizure in the open sea.
I have, &c.
(Sinned) STANLEY OF PRESTON.
Inclosuro 1 in No. 4,
Report of a Committee of the Honourable the Privy Council, approved by his Excellency the
Governor-General in Council on October 22, 1888.
ON a Report dated the 20th October, 1888, from the Minister of Marine and
Fisheries, stating, with reference to the communication, dated the 21st September,
1888, of Messrs. Hall, Goepel, and Co., Victoria, British Columbia, the owners of the
British schooner " Arunab," that it appears from the statements accompanying the
communication, that the vessel in question was seized on the 1st day of July last by
the Russian merchant-steamer " Alexander II " for an alleged violation, in that part
of the North Pacific Ocean known as Behring's Sea, of the Hunting Laws of the
Russian Government.
At the time of the seizure the "Araunah" was pursuing a legitimate calling in
waters which are open to vessels of all nations.
It further appears that a statement of this case has already been forwarded by
Captain Siewerd, his mate and crew, to Her Britannic Majesty's Charg6 d' Affaires at
St. Petersburgh.
The Minister recommends that a copy of Messrs. Hall, Goepel, and Co.'s letter,
with its inclosures, be forwarded, through the proper channel, to Her Majesty's
Government,
The Committee concurring, advise that your Excellency be moved to forward
copies of the papers herewith to the Right Honourable the Principal Secretary of State
for the Colonies for transmission to the Foreign Office, in order that remonstrance
may be made to the Russian Government for so unwarrantable an act as that
committed by the commander of the " Alexander II," and a claim be made for such
a reparation for the wrong done as may be commensurate with the loss and damage
1
siistiiiiiod by tlio owners of the " Araimah " in consequence of tliis seizure in tho
open Hca.
All which is rospectfuUy submitted.
(Signed) JOJIN J. McGEE, Clerk,
Privy Council.
Sir,
Inclosuic 2 in No. L
Messrs, Hall, Ooepel, and Co. to the lion. J. A. Chaphan.
Oovernment House, Victoria, liritish Columbia,
September 21, 1B88.
WE hnvo the honour to transmit herewith eertnin documents and facta in
connection with the seizure of our seiiooner " Araunah," on the 1st .July last, for
alleged violation of the Fishing and Hunting Laws of the Imperial llnssian (Jovcru-
mcnt, by the Russian merchant-steamer "Alexander II," whilst in the ])ro8CCii1ion of
her legitimate calling as a sealing-sehooner in tho Hehring's Sea, and which we
respectfully iTge is a part of the North racilic; Ocean, and open to the vessels of all
nations. The clcjir and comprehensive letter statement on i)rotest of Captiiin Sicwcrd,
his mate and crew, addressed to Her JJritannie Majesty's Charge d'AIVaires at
St. Petcrsburgh, and sworn to before Her IJritannic ^Majesty's Consul at Nagasaki,
Japan, clearly sets forth an epitomt' of the circumstances attending the illegal seizure
of oii<* vessel, properly registered as a Canadian vcvssel, and flying the British flag, aiul
leaves (mt little for us; to add ii ■ nnection therewith.
Inclosed will also be foimdc. i i s of the telegrams that passed bc^tween the master
of our vessel and the British Embassy at St. Petersburgh, and by which we are
assured that steps would bo taken, with least delay possible, in the direction desired,
and that the Ilussian Govon '..ent had beer duly apprised of the seizure and its circum-
stances.
Although everything has been doncj by tlie master that could reasonably be
expected to place the matter in the proper and most direct channel for investigation,
restitution, and protection of British interests upon the high seas, still we deera it
expedient to promptly report to llie Federal Government at Ottawa, through you, the
fact of the seizure (and Avhat has been done to date) of our schooner whilst r(>gistered
under the laws of the Dominion of Canada, witli the full belief that his Excellency
the Governor-General in Council will cause such steps to be taken as will grant the
relief and restitution which it is our pride and privilege to claim as loyal subjects of
Her Majesty.
In due course we shall forward a statement of claim of our loss against the
Russian Government or whom it may concern.
"VVg lltlVG &c
(Signed) ' HALL, GOEPEL, and Co.,
Owners of Schooner " Araunah."
Inclosure 3 in No. i.
Telegrams from Mr. Siewerd, Master of Schooner " Araunah," to the British Embassy at
St. Petersburgh, and the Replies to same.
(1.)
Vladivostoch, August 9, 1888.
SEALING schooner " Araunah," of Victoria, was set during a heavy fog and
calm by current within 6 miles of southern extreme of Copper Island, when seized by
Russian merchantman " Alexander II." Left here with crew, among them twelve
Vancouver Indians, unprovided. Please advise.
Answer,
Your telegram received, dteps will be taken with least delay possible.
mm
■: : • ■ . . (2.)
Vladivostock, August 16, 1888.
Will forward protest sworn to before Consul at Nagasaki: also all documents
pertaining to seizure. Please advise if necessary to protest here. Also of other steps
required here. Owners' names : Hall and Goepel, Victoria.
Answer.
Your case has been brought to the notice of Russian Government, who liavc
telegraphed to inquire into it. You might protest locally. Forward all documents
here.
luclosure 4 in No. 4,
Diagram illustrating Position of Schooner " Araunah " ut time of Seizure,
Inclosure 5 in No. 4. . ,
Mr. Siewerd to Mr. Bering.
Dear Su-, August 27, 1888.
REGARDING the seizure of the British sealing scliooner " Araunah," of Victoria,
British Columbia, by M. Grobnitzky in the Russian merchantman " Alexander II,"
for alleged violation of the Fishing and Hunting Laws of the Imperial Russian
Government, of w hich I informed you iu my tclcgi-aphic despatch of the Oth August,
1888, from Vladivostock, I now respectfully submit the following facts : —
On the 1st July, 1888, at 6-30 A.ii., during a heavy fog and calm, I calculated the
schooner's position to be 10 miles south by west of tlie southcru extremity of Copper
or Medney Island. Judging myself in the open waters of the North Pacific Ocean, I
ordered the canoes for hunting. At about 7"30 a.m. the fog lifted, when the schooner
was found to be east by south, about 6 to 8 miles distant from the southern extremity
of the island, with the canoes out to the south and west of the schooner. When in
this position a steamer was sighted, which bore at once down upon us, proving the
Alaska Commercial Company's steamer " Alexander II," flying at peak the Russian
merchant ensign, and at maintop a green flag Avith white cross.
AVhen near, the schooner was hailed, and I, the master was asked to come aboard
the steamer, which I did. When on steamer's deck, I was informed by M. Grebnitzky
that he would confiscate the schooner for being within the limit. This I denied, but
was answered that the boundary ran from Cape Lopatka to the Inland of Atton, and
that I could protest against the seizure to authorities at Vladivostock, where the case
would be forwarded.
As the officer produced no documentary evidence of his authority, I asked upon
what authority the seizure was made, in answer to which the officer pointed to the flag
at maintop, saying, "There is my authority."
The officer and crew of schooner were then made prisoners, and transferred
aboard steamer " Alexander II." The schooner was towed to the Settlement Glinka
on Copper Island, where the skins, 133, were landed at Company's warehouse. Here
I had to deliver the schooner's papers to Officer Grebnitzky. Before doing so I
demanded a paper stating the reason of confiscation, which I fonvard herewith, and
a copy of which I Avas asked to sign after it having been translated to mo by
M. J. Mallinvensky to read in substance.
That this day the schooner " Araunah " had been confiscated for hunting within
the limits of the Russian possessions.
I hereby notified M. Grebnitzky, in presence of M. J. Mallinvensky, of my protest
against the seizure, which protest I would make before the nearest lleprescutative
of Her Britannic Majesty s Government, and, in accoi dance with advice in your
telegraphic despatch of 15th August, 1888, have protested to Admiral and Governed
of Vladivostock, the certified copy of which I send herewith.
The schooner was then brought to Petropaulovski by a crew of the steamer
"Alexander," where, upon the arrival of the schooner, the salt, stores, provisions, and
also part of personal property of crew, were sold by M. Grebnitzky without the con-
fiscation having been declared legal by any authority other than his own. I must
add that we had no intention whatever to violate the laws of the Imperial Russian
Government, but intended to follow the hunting in the waters of the Nc+h Pacific
Inrlosure 4 in N^ 4.
DiAGR/.M
ILLUSTRATING POSITION
OF
SCHOONER "ARAUNAH
AT TIME OF SEIZURE.
S„ H.F. Sieward, Master.
GLINKA
Position when seized
Calculated position at 6. 30. a.m. July /*' 1888.
1
12 3*5
■I — ' ?— j—k
Scale of Miles
y
(t*{>0. S/SO l*7i J F.O 3IS
'H.MU-.. '. "m.-.lA 5' Uainns Id'eTr
i
5
Ocean; neither had we any means to do otherwise, as the Iiunting oiitiit consisted
of six Indian canoes manned hy two A'ancouver Inrlirms {':i''li. IFad uo fire-arms
ahoard save three old muzzle-loading sliot-guns, heing the property of some of the
Indians; also one shot-gun and one rifl(>, being the property of some oF tho iiieuibers
of the crew.
From the foregoing it will be soon that tlie schooner was set by an unknown
current, not marked upon the chart, to the north and east of her course, and the
canoes having left the schooner during the fog, when there was no laud iu sight, nor
any visible sign to prove the calculated position erroneous, will explain the ])osition of
the canoes at the time of seizure.
Also that the schooner was not less than the estimated 6 miles from land is clearly
proven by the "Alexander" steaming two hours and forty minutes at the rate of
6 knots per hour (see steamer's engineer's log) from point of seizure to Glinka, M'hich
is 7 miles from south point of the island. This can be demonstrated on chart or
diagram herewith, showing that it was impossible for schooner to have been, as
alleged, within the 3 miles of gun-shot limit. As to the 133 seal-skins found on
board, I refer to the schooner's fishing log, now in the hands of the Imperial Russian
Government.
I also beg to ?all attention to the fact that the steamer " Alexander II " is owned
by the Alaska Commercial Company, who are also the lessees of Copper and Behring's
Islands.
As to the reliability of the st,atemcnt of M. Grebnitzky as to the true position
of schooner at time of seizure, I will say that M. Grebnitzky is no mariner, and
consequently no competent judge to ijci-sonally determine the exact position of
schooner, furthermore, I learned while prisoner aboard the " Alexander," that
neither the first nor second officers of the steamer had been called upon by Captain
Gronberg, of steamer, to witness or verify the bearing and distance of schooner, so
that the judgment of the schooner's actual position at time of seizure is but the
guesswork of Captain Gronberg, of steamer " Alexander II," and of him alone, as a
consultation on this serious point might have resulted in proving the schooner beyond
the limits.
In submitting the above facts to your careful consideration, I beg that you will
use every means in your power to eftect a restitv.tion of the unjustly and illegally
confiscated property, and paymoiit of damages inc irred thereby.
\nvy, &c.
(Signed) H. F. SIEWERD, Master.
The above sworn to before Her Britannic Majesty's Consul at Nagasaki by
myself.
(Signed) N. P. Bonde, Mate.
W. Standish, Steioard.
G. Brum, 1 , ,
P. DOEEING,/
and forwarded, together with all documents, by Consul Mr. Enslie to St. I^etersburgh.
.B.
No. 5.
Foreign Office to Mr. Siewerd.
Sir, Foreign Office, November 23, 1888.
I AM directed by the Marquis of Salisbury to acknowledge the receipt of your
letter of the 29th ultimo, relative to the seizure of the British schooner " Araunah " off
Copper Island by the Russians in July last.
I am to forward you a copy of the Treaty between Russia and the United States
of the 30th March, 1867,* and to inform you that the details connected with the seizure
of your vessel have not yet reached Her Majesty's Government.
I am, &c.
•v ..,r -.-_iT"r.7r ;.. H.iT . i (Signed) JULIAN PAUNCEFOTE.
iitin;;
* See « Slate Papers," vol. IWi, p. 45S.
11
No. 6.
Sir R. Morier to the Marquis of Salisbury. — {Received December 5.)
My Loi-d, St. Petersburgh, November 30, 1888.
WITH reference to my despatch of the 14th instant, I have the honour to state
that I have now received the complementary information from the master of the
" Araunrh " wliich enables me to deal with the case.
Befi /re addressing the Russian Government on the subject, however, there are two
or three points on which I should be glad to receive guidance from your Lordship; and
I think, therefore, that I cannot do better than to make a statement of the case, so that
its doubtlV.) points may be properly submitted to your consideration.
The " Araunah," a British schooner, of British Columbia, master F. H. Siewerd,
equipped for seal hunting, found hei-self, in accordance with the statement of the
master, on the 1st July, 1888, at 6"30 a.m., in a heavy fog and calm, 16 miles south by
west of the southern extremity of Copper Island. Judging himself to be in the open
waters of the North Pacific Ocean, the master ordered the canoes out for hunting. At
about 7"30 A.M. the fog lifted, when the schooner vvas found to be east by south about
6 or more miles distant from the south point of the island, with the canoes out at
various distances to the south and west of the schooner, about 2 miles away from her,
the most distant being about 3 miles from tlie ship. When in this position a steamer
was sighted, which bore at once down upon her. This proved to be the " Alexander II,"
a ship belonging to the Alaska Commercial Company of San Francisco. She was
flying at the peak the Russian merchant ensign, and at the maintop a green flag with
white cross. The name of her master was Gronberg, that of the chief oflicer Arlen,
and of the second officer Imberg ; but besides these there was on board a M. Grebnitzky,
not a naval man, who described himself as Superintendent of the Commander Islands.
By his orders the " Araunah " was hailed, and her master, Mr. H. F. Siewerd, brought
on board the "Alexander II." M. Grebnitzky then informed him that he wonld
confiscate the schooner for fishing too near the land. Mr. Siewerd then asked him on
what authority he acted. M. Grebnitzky produced no documentary evidence, but
pointed to the flag at the maintop, saying that there was his authority.
The officers and crew of tlie " Araunah " were then transferred on board the
" Alexander II," l)y whicli the British vessel was towed to the Settlement Glinka, on
Copper ] -land.
Ilcre the skins, 130 in number, were landed, and the ship's papers delivered to
M. Grebnitzky. The schooner was then brought by a crew of the "Alexander II "
to Petropaulovski, and upon her arrival the salt, stores, and provisions, and also part of
the personal property of the crew, were sold by M. Grebnitzky, without the confisca-
tion having been declared legal by any authority but by his own. On the ICth August
Mr. Siewerd, master of the "Araunah," entered a protest before the Governor of
Vladivostpck, and another on the 27th at Nagasaki before Iler Majesty's Consul there.
The facts above stated are taken from these two protests.
The latter, moreover, contains a diagram showing the position of the " Araunah "
at the time of capture, and explains her position there on the hypothesis that she must
have drifted from where she was at 6'30 to where she found herself at 7'30 under the
impulse of a current not marked on the chart.
In addition to these .*vo documents, the master of the "Araunah" produces an
affidavit signed by himself and a Captain Butler, whom he seems to have taken with
him as a witness of a conversation held on the 16th October at San I . jisco with
Gronbtrg, the master of the steam-ship " Alexander II." For Siewerd, on hearing
that the " Alexander II " had proceeded to San Francisco, went there to obtain a copy
of that vessel's log. Gronberg, however, refused to give him one, but volunteered to
give him a verbal aecount of what took place. Siewerd, in addition, asked various
questions of Arlen, the chief officer, and Imberg, the second officer. The following
are the facts that were obtained by this process. Gronberg declared that he had
taken no regular bearings, but had only made a rough approximate guess ; that he
bad had no letter of marque at the time of the capture, but that, not wanting trouble,
he had got one the same day after the capture. On being asked whether he remem-
bered M. Grebnitzky saying to Siewerd, " I would seize you if you were 100 miles
south of the islands," he replied, " Yes, I heard M. Grebnitzky say this."
To the questions put to him, M. Arlen, chief officer, replied that he had no idea
whatever respecting the distance and bearing of the "Araunah" at the time of her
various
oUowing
he had
that he
trouble,
remem-
)0 miles
no idea
of her
capture, as his opinion had not been asked, and he did not trouble about it. The entry
made by him in the log was what the captain had given him.
Inthe opinion of M. Imberg, the second officer, the schooner was from 5 to 7 miles
distant from the land.
I collect the following further facts from a letter, dated the 25th October, addressed
by Mr. Siewerd to Her Majesty's Embassy : —
1. That the steamer " Alexander it " being the property of the Alaska Com-
mercial Company of San Francisco, who are the lessees of the seal trade in the North
Pacific Ocean, including Copper and Behring's Islands, and that Company treating its
servants exceptiqnally well and providing them with liberal pensions, due caution
should be taken in accepting Qronberg's evidence, as that of a servant of the
Company, as regards the position of the ship, on which alone the whole case of the
captors depends.
2. That the following conversation took place between Siewerd and M. Grebnitzky
at the time of the capture. The former called the attention of the latter to the fact
that he considered himself, when south of the island, in the open waters of the North
Pacific Ocean. " I would take you," replied Grebnitzky, " 100 miles south of the
Commander Islands if found with seal-hunting outfit on board," thus claiming
jurisdiction to the pai'allel of Atton Island.
Mr. Siewerd states that it is evident that M. Grebnitzky ma'^le the seizure in this
belief.
3. Mr. Siewerd states that M. Grebnitzky is a civil officer, not a naval officer, that
lie is Inspector of the Commander Islands, that he receives a salary of 1,200 roubles
per annum, that he is well feed by the Alaska Commercial Company, and that he does
everything to further their interests, and to assist them in accomplishing their object,
which is the extermination of private sealers, and the obtaining of a monopoly in this
industry.
Lastly, I received a letter, dated the 25th October, from Messrs. Hall, Goepel,
and Co., the owners of the ship, dated Victoria, British Columbia, the 25th October, in
which those gentlemen assess their damages at 21,852 dol. 78 c, with recurring damages
at the rate of 10,500 dollars per annum, should their claims not be settled by the
15th February next.
The points of law and others on which I am anxious to take advice before writing
to the Russian Government are the following : —
1. What are the minimum formalities required to constitute the legal capture of a
foreign ship for acts rendering such ship liable to capture ? If the statements of
the master of the " Araunah " are correct, the latter was captured by a ship lielonging
to a San Francisco private Company, with no Representative of the capturing Govern-
ment on board but a Civil Inspector; and with no evidence of his holding a com-
mission.
When challenged to show his authority he is unable or unwilling to show papers,
and only points to a green flag with a white cross, flying from the maintop, as his
authority.
I have ascertained that this flag was at one time the Russian Customs flag, that it
is no longer so used, and has been superseded by a blue one ; but I have not yet been
able to ascertain when the supcrccssion took place, which, of course, may turn out a
point of capital importance.
2. What is the meaning of " letter of marque " in the sense used in the statements
of the master of " Araunah " ?
3. The master of the " Araunah " deposes to the sale by M. Grebnitzky at Petro-
paulski of the salt, stores, and provisions of the vessel, and of part of the personal
jn-operty of the crew, without the confiscation having been declared legal by any
authority but that of Grebnitzky himself.
It is nowhere stated that the schooner was disposed of, or that any steps M'ere
taken to have her condemned by a regular constituted Court. I have written to the
OAvners to ascertain whether they have any knowledge on this subject. In the mean-
time, I presume I may assume that the sale of the ship's stores and the portion of the
personal property of the crew on the sole authority of the captor was illegal.
i. How does the matter stand as regards the presumed assumption by Grebnitzky
that Russia had a jurisdiction of 100 miles south of the Commander Islands ? I regret
to say that I am not au fait as to the present state of the controversy in regard to
Russian claims to a mare clausum in the North Pacific.
Before concluding, I must allow
description given by the master of the
(3J6J
myself an observation with reference to the
' Araunah " of the position of his ship at the
C
1
time of ber capture, and of the circumstaaccs wliich caused her being thei'e. lie says
tbat at G'30 a.m. Lc- cjilicribk^l tiKtt tlie schooner's position was 1(5 miles south by west
of the .southeru exlremiir of C't>pper Island. At this time, there l)cing a heavy fo^^ and
calm, he ordered lJ*e ^ix crfcno^^s out for hunting. At 7"30 a.m., that is, an hour after-
wards, the fov lifts, jod tbc schooner is found at miles distant from the south pniiit
of the island, Aviili iljt- canos to tlic south and west of the schooner, at a distance,
with one exception, of not more than 2 miles from her. The inference of the master
is that he was carriied by an unknown cun'ent from the spot at which he was at 6"30 to
that at which he was icaptiur^i at 7'30. If the diagram annexed .o the affidavit taken
before Her Majf*ty"s CotuMiiI at Nagasaki is correct, this distance would be 17| miles.
It would, of coiirs*. Eot b*^ fair to assume too gi-cat accuracy in a diagram of this
kind. Jseverthelefis. line distance cannot be estimated at less than between 10 and 17
miles.
I do not know wbietber sKkcli currents exist, but, if they do, it seems strange that
the mast<n" and crfw of tSie " Araunah" should not have been fully aware of the fact
fx"om the bcginnima:, and still stranger that the six seal canoes should have placidly
carried on their huralini? op»rations under its impulse, which they must have done,
seeing thai when Ih* fog^ iift^Mi, they were within a 2 miles radius of the ship.
I transmit the ci'mspoadenoe herewith.
I have, &c.
(Signed) 11. 11. 1). MOKIER.
P.S. — Since tl*e alxonre despat<;h was written for signature, I have gone carefully
thi"ough the papers ousce more, and have noted two points which had previously
escaped me : —
1. That in the c«rttiikal!e given by Grebnitzky he distinctly states the cause of the
arrest of the " Amuua!!! "^ to be that of .seal-catching within theOustom-hoii.se liuiit
near Medney (CopjiK-r]) IsEand-
2. That in IIj* proiSese addressed to the Govenior of Vladivostock, which differs in
some resiMJcts from tbc d!<}«'!aratii)n made before Her Majesty's Consul at Nagasaki, the
Avhoreabouts of the eaiM>e* is enteretl upon, but not dealt with, as it appeal's to me, in a
satisfactory manner, for ilr. Siewenl admits that the scliooner l)cing G miles off, one
at least ot her canc*e» was 3 miles away I'rom her, which might bring it dangerously
near, if not actually on the Custom-house limit ; but then, further on, he admite
hypothetically that tbic can»>?s might have been found Avithin the Custom-house limits,
and gives what he <.xm*id».rs satisfactory explanations for their being tiiere.
Lastly, he prtrt^-sis ai«f»in.st the accusation made against the schooner that she was
within the Cuslom-lintta^*- limit.s, whereas the charge made l)y Grebrintzky is not that
she (the schooner) wa? witbiln those limits, but that she was seal-catching within them;
an oi)eration ])erfon3M''.il n.i>l! by herself, but by the canoes sent out by her.
Under these ciicuni»tances I consider that the charge brought by Mr, Siewerd
again.st M. GivbnilztroifhaTinar captured tlie schooner on the ground of her having
boon within ]<»i.i imle* ".4 Commander Isles need not be regarded as serious, seeing that
we have to deal wjitb a written declaration, bearing Grebnitzky's signature, to the
eifect that he (japtural the " Axaunah" for catching seals within the Customs limits.
Accordingly h appoar* ti> me that all I can do at present is to inquire of the
llussian Govoirxient wfctLv^r the scliooner has been condemned by a proper Court, if
n jt, M'hen and where htir (trial will take place, and what facilities will be atforiled to
the owners for defemdim:; tBieraselves, and, in case she has been tried and condemned,
to request that I may hs furnished with the evidence on which the condemnation took
place. Of course I '-boiiild also inquire into the alleged sale of the ship's stores and
provisions before she bad been formally condemned.
This final considcfaiti«>n of the case suggests a very important legal question.
Supposiiig, which I strongly suspect would be found to be what actually happened,
that the schooner wa.« fmtgHe the 3-mile limit, but one or more of the canoes inside it,
would a Bussian <«hip bare had a legal right to capture the " Araunah " outside the
Unit, that is on the iii^ aeasy Su: an infraction of Hussian Fishing Laws by her
canoes within the limit. ?
R. B. D. M.
lie says
th by west
vy f Off and
hour after*
outli point
1 distance,
tlie master
at 6-30 to
avit taken
17f miles,
im of this
10 and 17
range that
>f the fact
ve placidly
laAc done,
I'-
DRIER.
! carefully
previously
luse of the
ouse limit
\x difFers in
;asaki, the
to me, in a
69 oif, one
iiii^erouslv
he admits
use limits,
at she was
is not that
hiu them ;
Siewerd
liaving
eeing that
ire, to the
s lim^its.
Art of the
r Court, if
ifforiled to
)ndemned,
atiou took
stores and
ition.
happened,
s inside it,
>utside the
ws by her
D. M.
Inclosriire 1 in No. 6.
Mr. Siewerd to Mr. Bering, Angutt 27, 1888.
[See Inclosnre 5 in No. di.]
Inclosure 2 in No. 6.
Petition.
(Translation.)
To his Excellency the Military Governor of Vladivostock.
The Petition of H. F. Siewerd, master of the British schooner " Araunah."
AETER the capture of the British seal-catching schooner " Arannah," belonging
to the port of "Victoria, in British Columbia, Messrs. Hall and Gocpcl owners, for a
certain infringement of the laws of His Imperial Majesty, I, the undersigned master of
the above-mentioned schooncn-, feel myself bound to state as follows.
On the 1st July (n.s.) of the present yeai-, about ({'SO a.m., and during a dense fog
and calm, considering myself to the south-west and at a distance of 1(5 nulcs from the
southern extremity of Medney Island, and thinking that I was in the open waters of
the Pacific Ocean, I sent canoes for soal-hunting [lit., "sporting."— J. M.].
About 7*30 the fog began to clear oil', and it appeared that the schooner was east
by south of the above point, and at a distance of ti miles and more from it ; the canoes
were to the south-west of the schooner, and about 2 ixiihs away from her, the most
distant canoe being about 3 miles aAvay from the ship.
While in tliis position I observe<l a steamer l>earing down straight on us, and
she proved to be the Russian merchant-steamer " .Vlcxander," flying the Russian
commercial flag at her galf, and a green flag with a white cross at her luaintopgallant
mast.
She hailed the schooner, and I, the master, was ordered to come on board. "When
I got on board the steamer I was told by an officer who was on board (I subsequently
discovered it was M. Grebnitzky) that the schooner Avas confiscated because she was
too near to the coast. I wanted, and endeavoured to explain the reason of this, but
was told that I conld protest to the authorities at Vladivostock, Avhitheran explanation
of the circumstances of the case would be sent. As this ofFieer, however, did not
exhibit any documents establishing his identity, I asked him what was bis authority for
seizing the schooner, upon which M. Grebnitzky, pointing to the flag flying at main-
topgallant mast, replied that was his authority. After this \ho officers and sailors of
the crew were arrested and transferred on board the steamer. The seliooncr was towed
to the Settlement of Medney Island, to which 133 of our seized seal-skins were
conveyed.
Of these 133 skins, two were obtained during tlic fog of the 1st July, and the
remaining 131 skins wen; procured on the north-western coast of America and on those
of the North Pacific Ocean. After tiiis the schooner was sent to P(>tropatdovski, where
the salt, crew's provisions, &e., were sold by M. Grebnitzky.
Having described the circumstances of the case, I have the honour to state to your
Excellency that I protest against the accusation made against the schooner that she
was within the Custom-house limit, i.e., less than 3 miles from the shore. The follow-
ing may serve as proofs.
During the fog and calm the schooner was carried by an unknown current to the
north and east from her course ; the canoes were dispatched to hunt, as already stated,
during the fog and calm, because I considered I was 10 miles from the shore. If the
canoes were found within the Custom-hoi'.se limits, the foregoing circumstances Mould
explain their presence there. The principal pi*oof that the schooner was not less thaii
6 miles from the nearest point of the coast, and even more, is afforded by the fact that
the steamer occupied two }>ours and forty minutes in steaming from the place of the
schooner's seiisure, which is situated (o the east and south from the southern point to
Glinka Settlement (the Settlement is north-west of the point, at a distance of 7 miles
from it), the steamer towing the schooner at the rate of miles an houi- ; measm-ing by
the chart, it is evident that the schooner was at a greater distance than (j miles from
the nearest shore, i.e., from the soiithera extremity of Medney Island ; hence it follows
[316J
2
10
that tho canoes could not Imvo been within the limits of jurisdiction of the Custom-
house.
In addition to this, I beg that tho fact may bo taken into consideration that
there was no intention to infringe the laws of tho Imperial Russian Govommcnt
in any form soever, and that I was fishing [lit., " himting "], in accordance with
the instructions of my owner, in the open waters of the Pacirtc Ocean. I would also
add that I verbally informed M. Grcbnitzky that I was bound to protest in the
nearest British Government Oflicc [lit., " institution "J, of which protest this Petition is
a copy.
I, therefore, have the honour to request your Excellency not to leave the above-
described case without examination, as also to convince yourself of the truth of my
assertions by examining my crew under oath.
I request that a copy may be issued to me of this Petition.
Vlaclivostock, August 6, 18S8.
I attest the correctness of this copy of the original.
(L.S.) (Signed)
(Signed) II. Popoff,
Chief of Chancery.
C. P. MUTZ {sic),
Rear-Admiral.
Inclosure 3 in No. (5.
Diagram.
[See Inclosure 4 in No. 4.]
I
Inclosure I in No. 6.
Cerlijicate.
(Translation.)
THIS 19th day of June, 1888, by decision of the Superintendent of the Commodore
Islands, in accordance with the Order of the Governor-Genoral and the Notice issued by
the Imperial Russian Government against illegal hunting and fishing within the limits
of Russian territories in the Pacific Ocean, has been confiscated the schooner
" Aiaunab," Siewcrd masler, for seal-catching near Medney Island, within the Customs
limit
In proof of which this certificate, with seal attached, has been issued to
Mr. Siewerd.
(Signed) GREBNITZKY,
Superintende7it of Commodore Islands.
Victoria, British Columbia, June 19, 1888.
(Seal of Superintendent of Commodore Islands.)
Inclosure 5 in No. 0.
Mr. Siewerd to Mr. Bering.
Sir, Victoria, British Columbia, October 25, 1888.
THE Russian steamer " Alexander II " arrived at San Francisco, California, from
Petropaulovski, Kamtschatka, on the 12th October, 1888. I went to San Francisco
for the purpose of obtaining a copy of the steamer's logs, by which I could prove the
schooner's position at the time of seizure, as stated in my protest, and the contents of
these logs had been shown to me privately both by the chief officer and chief engineer
of steamer.
Upon consulting Her Britannic Majesty's Consul at San Francisco, California, I
found that we had no power to compel the master of a Russian vessel in an American
*)ort to produce his logs ; 1 therefore concluded to formally demand same of the master
le Custom-
ration that
ovommcnt
lance with
vvoiild also
est in the
Petition is
the above-
uth of my
sic),
Admiral,
ommodore
; issued by
the limits
schooner
e Customs
issued to
l\
of the steamer " Alexander II," the result of which you will see from inclosed
affidavit.
In connection with the facts already submitted to you in the official documents, I
take the liberty to bring to your notice a few remarks which I did not doom prudent
to insert in the protest.
1. The steamer " Alexander IT " is the property of the Alaska Commercial Com-
pany of San Francisco, California, tho lessees of the seal islands in the North I?aciflc
Ocean, including Copper and Bchring's Islands.
The "Alexander II" hails from Vladivostock, and is commanded by Captain
Gronberg, a resident of Oakland, California, who has been in the service of the Company
for the past fourteen years.
The Alaska Commercial Company pays its servants well, and when after a term
of years they are unfit for service, gives them a liberal pension ; this liberality, of
course, makes the employes, with perhaps few exceptions, pliable tools of tho
Company.
I mention this as the authority as to the schooner's position, &c., at time of
seizure on tho part of the Russian Government will be principally that of Captain
Gronberg alone, and on account of the above facts should be taken with due caution.
2. At time of seizure I called attention of M. Grebnitzky to the fact that I con-
sidered myself in the open waters of the North Pacific Ocean when south of the
islands, when he replied, " I would take you 100 miles south of the Commander
Islands if found with seal-hunting outfit aboard," claiming jurisdiction to the parallel
of Atton Island, and it is evident that he made the seizure in this belief.
3. As to M. Grebnitzky, tho Representative of the Imperial Russian Government,
I will briefly say what I learned about him.
Grebnitzky is a civil ofiieer (no naval officer), is Inspector of the Commander
Islands, said to receive a Government salary of 1,200 roubles per annum. It is an
open secret that he is well feed by the Company and sees that everything is done to
further tho wishes and interests of the Alaska Commercial Company, one of whicli is
the extermination of private sealers by either foul or fair means, and to obtain the
monopoly of this industry.
The Russian Government will have no trouble to convince itself of tho true
character of Grebnitzky, as Dr. Grenevitzky, a military physician, who resided two
years on Copper and Rehring's Islands, lias returned to Vladivostock on the 18th
August, 1888, to report to his Excellc ley Governor-General Korff about tho state of
affairs on the islands and the relations of the Government's servant Grebnitzky to the
Alaska Commercial Company. From this source sufficient can be learnt to prove
beyond doubt that the seizure, although made by the person Grebnitzky as a Russian
official, it was practically made by order and in the interest of the Company.
I have endeavoured to give you the undisguised facts of the case in my own way
and language ; I now here rest my case, and again earnestly pray you to use every
means in your power to secure a restitution of the so unjustly and illegally confiscated
property, and payment of the damages incurred.
I am, &c.
(Signed) P. H. SIEWERD,
Late Master of the British Schooner " Araunah."
Inclosure 6 in No. 6.
}, 1888.
rnia, from
Francisco
prove the
ontents of
engineer
lifornia, I
American
he master
Mr. Sieiv^rd 'o Mr. Bering.
Sir, Port of San Francisco, California, October 18, 1888.
IN order to obtain the proof of the assertions made in my protest against the
illegal seizure of the British sealing-schooner " Araunah," which protest I forwarded
to you from Nagasaki, Japan, I called upon Captain Gronberg on board the Russian
merchant-steamer " Alexander II," now lying at this port, and in presence of the
undersigned witness. Captain George Ball, asked Captain Gronberg for a copy of the
steamer's logs of the day 1st July, 1888, on which day said steamer ''Alexander II,"
of which said Captain Gronberg was then master, captured the British sealing-schooner
" Araunah," off Copper Island. Captain Gronberg flatly refused to give any copy of
the logs, but volunteered to give me a verbal account.
Captain Gronberg states, " The schooner bore at time of capture about east by
south-half-south, distant 3 miles from south-east point of island."
%
.4"
I dHkcd, " By wliat method did you dotermino this distance, by cross hearings or
four point l)uuriiigs ? "
Captnin Gronhorp replied, "I justmnde a rough guess."
Captain Unll, the witness, spoke, " Your judpfment as to distance is tlien only hy
an approxiniution ?"
Captain Gronherc replies, " Yes, Sir."
I tnon asked of Captain Gronherg, " ITad you a letter of marque at the time jrm
captured the ' Arsiunah '?"
Captain Gronberg answered, " No, Sir, hut I got the letter the same day after the
capture a.s I did not want any trouhle."
I asked, " Do you reuiemhcr iiaving hoard M. Grebnitzky say, ' T would sei7,e you
if you were 100 miles south of the islands ? ' "
Captain Gronherg replied, "Yes, f luvird M. Grehnitzkv sav this."
T 'cxt asked M. Arlin, chief oflieor, " T)o yoij know the distance and hearing of
the ' Araiin.'iii ' at the (ime yonr sicjuncr captured licr ? "
M. Arlin replied, " I have no idea whatever ; as my opinion was not asked, I did
not trouhle ahout it."
I asked, " Pid you not make the entry in tlie shi[)'s log ? "
!M. Ailiu vcplied, "Yes, I copied wliat the captain gave me."
T also (|iioslioncd M, Truher, second oniecr, as to his knowledge as to the hearing
and distance of tlie " Araunah " at time oi' capture.
M. Truher states, " In my oi)inic)n the schooner was ahout 5 to 7 miles from the
land."^
"Wo, the irtidersigned, solemnly swrar that we have can-fully read over the
foregoiiiy;, and lliiit it is a true and correct statement of tlie intcrvimv whieii took
place on hoard tlie Kussian merchant-steamer "Alexander II" (ji\ Tuesday, Kitli
October, 1H88.
(Signed) U. F. SIliWEllD. lair Mai^ler of Tirithh
Schooner " Arauniih."
(Signed) Gkorge I3all.
Subscri1)ed and sworn to at the liritish Consulate, San Francisco, this IStli dav of
October, 1S88.
Before me,
(Signed) Dknis Donouok, Consul,
<Snn Francinco.
(Consular Stamp.)
Dominion of Canada, rroviuee of British Columbia :
I, John Joel Austin, a Notary I'ublie duly commissioned for the Province of
British Columbia, hereby certify that I have carefully examined the document hereto
annexed, contained on lliree folios, with the original sworn declaration and letter, and
declare that the annexed is a true and correct copy of said original letter and all
attestations thereto.
In witness whereof I have hei'cunto set mv band and seal of oflice at Victoria,
this 25tb <lay of October, 1888.
(Signed) Jno. J. ArsTiN, n Notari/ Public in
and for the Province of British Columbia.
(Seal.)
Inelosine 7 in No. 0.
Messrs. Hall, Goepel, and Co. to Mr. Dering.
Dear Sir, October 25, 1888.
WE last bad the honour of addressing you on the 27th ultimo [r], copy of which
has already gone forward. We now have the pleasure of inclosing affidarit, made
before the British Consul at San Francisco, California, of Captain II. F. Siewerd and
Captain Ball, relatiTO to an interview had with the captain of the "Alexander II"
(fiteanver) on bis arrival at that port, re position of schooner " Araunah " at the time
of seizure. The document we think explains itself, and greatly strengthens oiir case,
taking into consideration the impoMibility of making Grtmberg produce his l<^-book,
«'i>ic(i is the private property of the Alaska Commercial Company. We also inclose
1
les fi'om fhe
18
stud'int'iit of claim amounting to 21,852 dol. 7') c. Wo have mndis tliis claim an
clfur as possihin without cxajjg^'rating valiics, wliidi will save a good deal of writing
asiiing for explanation. Tlic cost of schooner we havo put at lior naarkot value ready
for sea.
The outlit for scaling cruize is actual, for which we have vouchers.
The estimated catch of 2,1(X) skins, at per nut j)rotit 5 dollars j)cr skin, we arrive
at as follows : —
iJol. 0.
Orom vnluo of nklnK nt ,, .. .. .. .. ., T M)
Ijt'sN ulliiwcil IndiaDK per nkin, and puil nf oalHl, coiixuiiivil ii> tliu nliniM! <if
|>ruvi)iuuii, &u. .. .. .. .. .. .. 2 6(1
r, 00
The items following in Statement are actual. The foot-note also explains itself.
The aeeoiint hears interest at the rate of 10 per cent, per annum until paid. Also if
>'(• arc not in a position on the l.'ith I'fl)ruary, 1^8!) (the day on which th(! next
season conmu.'iices) to send out a schooner wailing, wc shall incur the sanu; amount
of loss next year, and consequently are entitled to tht; sam(! amount of damages,
viz., the net prollt on the catch, 10,500 (h)llai-s. Tlu! same for every i-nsiiing year.
We trust these explanations arc clear to you, and that you will hav(! no dilliculty
in placing our claim Ixd'ori! the Russian (Jovernmenl. We inelost! a hitter from
Captain Siewerd, promised in his to y(»u of tiic 2(ith ultimo, which may, we think, he
of assistance in estahlishing our claim. Wc can only ask you to (h) all in your power
on our hehalf, and thanking you for the trouhle you have already hoeu put to in this
matter.
Awaiting your advice, w(! have, Sic.
(Signed) HALL, GOEl'EL, \Ni> Co.
Inelosun; 8 in No. (5.
St.\1'j;mi:nt of Claim made hy Messrs. Hall, Goepel, and Co., of Victoria,
Columhia, owners oi" the Hritisli schooiwr " Araunali," against the I
l!u.ssiau (Joveriiment, for iUegal seizure; of said schooner " Araunah "
steamer " Alexander II," in the open waters of the JJehring's Sea, on the
of July, 1888.
D.il. c.
Cost of ^ch()()ll(.■l• iciiily fur sun .. .. ., .. .. H.dOll OO
Outfit for SI iiliii;; fiiiizc .. .. ,. .. .. .. 2.0 !i 02
K>tiniati'(l ratcli of si'iils (2.100), at i)cr net protit .'» ilol aw .. .. lli,.)00 00
Moneys laid out l>y mnstcr wliilu in iiaiiJK uf Kiiiuiuii (juvcrimiuiit, fur huI>-
sisti'iifc cliaijjis iiieuried .. .. ,, ,. .. ISO ('0
Wngt's to iiiasti r and crew .. ., ., .. ,. SOO 1.1
Fare of iiitistcr and trcw fro-n Vancoiivor to Victoria, liritisli Columl)ia , , •M 00
Cost of transporting (y Indian) crew to west coast of Vancouver Island .. '2-')\> 00
Total .. .. 'JKBJli 7.5
Hriti.sh
m|)(!riiil
hy the
1st (lav
Bearing interest at the rate of 10 per cent, per amium, and recurring damages
from loss of schooner of 10,500 dollai's if not paid hy the 15th } cbruary, 1889, aiul the
same amount i'or every ensuing year.
(Signed) HALL, GOEPEL, and Co.,
Owners of British Hchoonvr "Araunah."
October 25, 1S88.
No. 7.
The Marquis of Salisbury to Sir R. Morier.
Sir, Foreign OJice, December 11, 1888.
I HAVE received your Excellency's de^>atch of the 30th ultimo relative to the
seizure of the British schooner "Araunah" by a vessel belonging to the Alaska
Commercial Company, and to the detention of the ship and sale of her stores at
Petropaulovsk.
I am of opinion that the proper course will be that you should in the first
instance, as you suggest, address a note to the Bussiaa Goyemment, inquiring
■fOT
14
■whethcir (lin schooner lias been coiidomnod by u proncr Coi'.rt, and, if so, rciiiicstiiijL,' (o
be furnishi-d with the evidonco on wliich the! condemnation took place; hut, if not,
rc(iue8tiiij,' to be informed when the trial will tak<' plaeu*, and what facilities will bo
afforded to the owners for their defence ; and further iii(|i,irinf? into the allcijed sale
of the ship's stores and provisions before she had been formally eondciniicd
Upon receipt of the reply of the Russian (Jovernment, any points ol law which
may arise upon it can, if necessary, be rcfi«rred lo the Law Oflicers of the Crown.
.Tiidi,'!!!!;: from the evidence ot present in the possession of Her Majesty's (loveni-
ment, tlu^ proceedini»s would seem to call for the fullest inquiry. Hut it would be
premature to do more than claim such inquiry before the statement of the opposite
party has been received.
I am, &c.
(Signed) SALISIJURY.
No. 8.
Sir R. Morier to the Marquis of Salisbury. — {Received December 1 7.)
(Extract.) St. Pelersburgh, December 12, 1888.
WITH reference to previous despatches, and to your Ix)rdahip'8 of the
4th instant, transmittin<» copies of correspondence with the Canadian Governmcmt o?i
the subject of the seizure of the schooner •' Araunah," I have the honour to inclose
copy of a letter which I have addi-essed to Messrs. llall and Gocpel, the proprietors of
the ship.
I confess that the more I have looked into the case the more I have inclined to
f'',o belief that, thouj^h the schooner herself was outside the territorial waters, the
huntiug canoes were cither inside the limit or dangerously near to it.
«■!•
Inelosure in No. 8.
Sir R. Morier to Messrs. Hall, Goepel, and Co,
Gentlemen, SI. Pelersburgh, November 30, 18^^.
HAVING received the final communication which you bad announced from the
master of the " Araunnb," L have submitted the whole case to a careful examination,
with a view to submitting it to the Russian Government. In doing so, however, 1
have found that there are some points which require elucidation, and respecting which,
therefore, I have to request you to give mo further information.
1. As regards the ])ositions of the schooner at 7"30. In Mr. Sicwerd's declaration
it is stated that at 6-30 a.m. lie was distant 16 miles soiith by west of the southern
extremity of Copper Island, at which time he ordered the canoes out for hunting. At
7'30 A.M., that is, an hour afterwards, the fog having lifted, the schooner was found to
be east by south miles distant from the south jjoint of the island, with the canoes out
at 2 miles distant from the sloop, one only being as far as 3 miles. A diagram giving
these positions a])proxlmately accompanies Mr. Siewerd's declaration, and according to
this declaration the space traversed liy the schooner between G'30 and 7"30 a.m., that
is, one hour, must have been 17i miles, and as the canoes bad remained in proximity
to the ship, they also, whilst carrying on their hunting operations, must have been
drifting at the rate of between 15 and 17 miles an hour. The tremendous rajndity of
this current, which it is stated appeara upon no chart, and of which the master of the
sloop does not seem to have been aware, though carried along at this great rate of
speed, requires some explanation.
2. Much IS made by Mr. Siewerd of the statement of Grebnitzy that he would
have seized the " Araiuiab," had she been fitted out with apparatus for seal-catching,
anywhere within 100 miles south of Commander Islands. Had he assigned this as his
true motive for capturing the ship, the case would be a very grave one, but as be has
given bis motives for capturing the ship in a written declaration, we are boimd to go
by that, and arc not at liberty to go outside this declaration and supersede a document
signed and sealed by anything be may have said vivd voce.
It appears to me that it is of extreme importance to note the exact words of the
certificate, which does not state that he confiscated the schooner for being within the
Customs limit, but for seal hunting within the Customs limit of Medney Island.
10
Now, it apixMirs from tin; (IcMciiiitions nivoii by Xfr. Sicwerd timt tlui seal Iiunting
is not iM'rfornicd hv tin* seal HclioonorH thomselvos, Imt l)y tlio oanocs wliieli nro
(lispatcluul from tlicm, and I take it tliat tlio point that will havo to bo (Ictormimid
will be wliotlicr any of tlie canoes were within the Customs limit. On tiiis point it
appears to me that the Petition addressed by Afr. 8i(>\\erd to the (lovornor of
Vladivostock is far from clear. Jle admits that one of ids canoes was l\ miles away
from the ship, while the shij) was (J nules away from the land, which mi'jht brini? it
dangerously close if not actually on the Custom-house limit. In another portion of
the I'etition, however, he seems himself in doubt upon the suliject, for he says, " If
the canoes wen; found within the Custom-house limits, the fore^^oi'ig cin-umstanees
would explain their presence there." F would further add with regard to this I'etition
that Mr. Hiewerd protests " against the aceusati(m made against the schooner that she
was within the Custom-house limits, id est, less than ',i miles from the sh(irc." As
before stated in the only ofTleiDl document M'bich has been forwarded to me, namely,
M. Orebnitzky's cerlilicnte, this accusation is not made tlio motive assigniul for her
seizure, but that she was seal hunting within those limits, that is, that the canoes were
within those limits. The conversation between Siewcrd and Captain (ironbcrg, of
which an aflidavit is given in ^fr. Siewerd's letter of the Ibtb October, throws no light
upon the subject, l)ccause all that Captain Gronberg voucluafcs to say is that the
schooner was about cast by south and a half south, distant 3 miles from tlie south-east
point of the island, which might leave her just inside or outside the limit. It is
therefore perfectly clear that the ground thoy will take up will bo that the canoes and
not the schooner were within th(» limits. You must, therefore, bo prepared with all
the (!videncc you can procure to disprove the presence of the canoes there.
y. Mr. Siewt'rd states, in both his declaration and Petition, that tlu^ stores, salt,
&c., ofthe "Arauuah" Avere i;old at Petnjpaulovski on no other responsibility than
M. (jrebnitzky's. No mention, however, is made of the schooner itself, and I have
therefore to request you to inform mo whether it is within your knowledge; that she
has been brought, or that it is intended to bring hor, before a Court for condemnation,
and, in that ease, l)efore what Court V
I will, in conclusion, call attention to a slight discrepancy as regards the number
of the seal-skins landc^l at Clopper Island, which, in the declaration before lier
Majesty's C(msul are describeu as being 136, and in the Petition to the Governor of
Vladivostock as 133.
I am, &c.
(Signed) R. B. D. MORIER.
No. 9.
Lord Stanley of Preston to Lord Knutsford. — {Received at the Foreign Office,
January 5, 1889.)
My Lord, Government House, Ottawa, November 27, 1888.
IIEFERRING to my despatch of the 6tb instant, I have the honour to transmit
to your Lordship a copy of an approved Report of a Committee of the Privy Council,
submitting copies of further correspondence on the subject of the seizure of the
British schooner " Araunab " in Behring's Sea by the Russian merchant-steamer
" Alexander II."
I have, &e.
(Signed) STANLEY OE PRESTON.
I document
Inclosure 1 in No 9.
Certified Copy of a Report of a Committee of the Honourable the Privy Council, approved by
/lis Excellency the Governor-General in Council on the 26th November, 1888.
ON a Memorandum, dated the 22nd November, 1888, from the Minister of
Mc me and Fisheries, recommending that copies of further correspondence on the
subj )t of the seizure of the British schooner " Araunah " in Behring's Sea by the
RuF an merchant-steamer "Alexander 11" be also forwarded, through the proper
channel, to Her Majesty's Government, in conjunction with the Minute of Council of
tlie 22nd October last, on the same subject, the Committee advise that your Excellency
[310] D
I
i
ri
Mil
F!*'
I! i'
s^sa
16
be moved to forward copies of the papers herewith to the llight Honourable the
Secretary of State for the Colonies, for transmission to the Foreign Office, in further
support of the claim to bo preferred.
All which is respectfully submitted.
(Signed) JOHN J. MoGEE, aerk,
- Privy Council.
Inclosure 2 in No. 9.
Messrf. Hall, Goepel, and Co. to Mr, J. A. Chapleau.
Sir, Victoria, British Columbia, October 26, 1888.
"WE last had the honour of addressing you on the 21st ultimo, and have since
received your letter of the 1st instant acknowledging same, stating that the seizing of
the schooner "Araunah " by the Imperial Russian Government will receive considerar
tion at the hands of your Government. We now have the honour to inclose copy of
a letter forwarded yesterday to H. N. Bering, Esq., St. Petersburg!!, Russia; also
copy of statement of claim ; as also notarial copy of affidavit made in San Francisco,
California, before the British Consul, by the late captain of the schooner and Captain
Ball.
We trust these papers, which complete our evidence, will also receive the
consideration of your Government, and that you will be able to urge our claim against
the Russian Government. ....
We have, &c.
(Signed) HALL, GOEPEL, and Co.
Inclosure 3 in No. 9.
Mr. Siewerd to Mr. Bering, October 18, 1888.
[See Inclosure 6 in No. 6.]
Inclosure 4 in No. 9.
Certificate.
[See Inclosure G in No. 6.]
Inclosure 5 in No. 9.
Messrs. Hall, Goepel, and Co. to Mr. Bering, October 25, 1888.
[See Inclosure 7 in No. 6.]
'I
Inclosure 6 in No. 9.
Statement of Claim. . ,
[See Inclosure 8 in No. 6.]
No. 10.
Sir R. Morier to the Marquis of Salisbury. — [Received January 14, 1889.)
My Lord, St. Petersburgh, Becember 30, 1888.
I HAVE the honour to transmit hei>with copy of a letter which I have
addressed to M. de Giers on the subject of the seizure of the " Araunah," in com-
pliance with the instructions contained in your Lordship's despatch of the 11th
instant.
I h&iV6 &c
V , .. (Signed) ' R*. B. D. MORIER.
'I , 111' - >i^
',,■ ) :,
u
17
Inclosuro in No. 10.
Sir R. Morier to M. dc Gicrs.
M. le Ministre, St. Pctcrshurgh, December 30, 1888.
I HAVE the honour to call your Excellency's attention to the foUowiui^ state-
ment with reference to an incident which ()ccurr.Ml off tlio southern extremity of
Copper Island on the 1st July of tho present year.
The " Araunah," a British schooner from Ihitish Columhia, master E. H. Siewerd,
equipped for seal hunting, found herself on the date in quest'on, at 6 30 a.m., in a
heavy fog and calm, 16 miles south l)y west off the southern extremity oi Copper
Island. Judging himself to be in the open waters of the North Pacific Ocean, the
master ordered the canoes out for hunting. At about 7"30 a.m. the fog lifted, when
the schooner Avas found to be east by south at a distance of about 6 or more miles from
Copper Island, na ing been carried by a current not marked upon the Chart, with the
canoes out at various distances to her south and Avest, and at about 2 miles away from
her, the most distant being 3 miles oft'. When in this position a ste' mer Avas sighted,
which bore at once doAvn upon tho schooner. This proved to be the "Alexander II,"
a ship belonging to tho Alaska Commercial Company of San Erancisco. She Avas
flying at the peak the Russian merchant ensign, and at the maintop a green flag with
a white cross. The name of her master Avas Gronberg, that of the chief officer Arlin,
and of the second officer Imborg, all of them servants of the American Company ; but
besides these there ras on board a M. Grebnitzky, a civilian, who described himself
as " Superintendent of the Commander Islands." i3y his orders the " Araunah " Aias
hailed, and her master brought on hoard the "Alexander II." M. Grebnit.ky then
informed him that he Avould confiscate the schooner for fishing too near the land.
Mr. Siewerd asked him on Avhat authority he acted. M. Grebnitzky produced no
documentary evidence, but pointed to the flag at the maintop, the green one with
a Avhite cross, saying tliat that Avas his authoriLy. The officers and crew of the
"Araunah" Avere then transferred on hoard the "Alexander II," by which the British
vessel AA'as towed to the Settlement of Glinka on Copper Island. Here the seal-skins,
136 in number, were landed, and the ship's papers delivered to M. Grebnitzky. The
schooner was then brought by a crew from the "Alexander II" to Petropaulovski, and
upon her arrival the salt stores and provisions, as Avell as a part of the personal
property of her crew, were sold by M. Grebnitzky, without the confiscation having been
declared to be legal l)y any authority but his oAvn.
I have been instructed by Her Majesty's Government to request your Excellency
to cause an inquiry to be made by the proper authorities into the circumstances of the
seizure of this schooner, which, upon the evidence at present before them, seems to
have been of an arbitrary, not to say illegal, character. I have specially to inquire
whether she has been condemned by a proper Court, and, if so, to request that your
Excellency Avill kindly furnish me with the evidence on which the condemnation took
place, or, in the case of her not yet having been condemned, that I may be informed
when her trial will take place, and Avhat facilities AA'ill be afforded to tlie owners for
their defence. I have at the same time the honour to request you to furnisli me with
information with respect to the alleged sale of the ship's stores and provisions before
she had formally been condemned.
I have, &c.
(Signed) R. B. D. MORIEll.
Nell.
Sir R. Morier to the Marquis of Salisbury. — {Received August 30.)
(Extract.) ' v •: '. ., . 8t. Petersburgh, August 2G, ISSd.
I HAVE the honour to transmit horcAvith the inclosed copy of a note from the
Russian Government, dated the Ith (16th) instant, in reply to my note of the 18th
(80th) December, respecting the case of the schooner " Araunah," confiscated by the
Russian authorities for unlawful seal-hunting in the proximity of Copper Island.
The case is too full of legal points for me to imdertake to reply to the Russian
note before it has been submitted to your Lordship's consideration.
[816]
D 2
4:i
,1
I' Mi .
It
'X:
18
TncloHure in No. 11.
M. rfe GtVrs <o StV I?. Morier.
Ministere des Affaires Elrangeres, Saint- Pe'terabourg,
M. I'Ambassadeur, le 4 (16) Aout, 1889.
J'AI oxactemeut rc9U la note de votro Excellence en date dii 13 (25) [? 18 ('W,)]
Ddcemhre, 1888, relative i\ I'affaire du schooner Anglais "Araunah," conflsque par
les autorites Russes pour s'otre livr6 11 la chasse des otaries ii proximity de I'lle
Medney.
Votrc Excellence ayant demando do reoevoir communication des informations
que les autorites Imp6riales auraient 6t6, de leur c6tc, eu mesure de fournir sur cette
affaire, j'ai I'lionneur de vous faire part des donn(5es que m'a transmise i\ cet ^gard
M. le Gouverneur-G^n^ral de 1' Amour.
Vous voudrez bien en relcver, j'esp^re, M. I'Ambassadeur, quo la conduito de
I'autoritd Russe en cette circonstance a 6te tout a fait rcgulii're.
En cc qui touelie d'abord ressence mcme de I'afTaire, c'est-a-dire la confiscation
du bfttiment Anglais, cette mesure so trouve enti^rement justifiee par le fait que
" I'Araunah " se livrait h la chasse des otaries dans la limito do nos eaux territorialcs.
Les pieces du dossier communique par M. le Gouverneur-Gondral et notarament Ic
Rapport de I'autoritd qui a constatd le flagrant d6lit, c'est-iVdire ici M. Grebnitzsky,
Intendant des lies du Commandeur, no laissent aucun douto i\ cet ogard. L'impossi-
bilito pour M. lo Capitainc do " I'Araunah " de denier aujourd'hui lo caracttire r^gulier
de la saisie resulto d'ailleurs d'un document dgalomcnt joint au dossier ; c'est I'acto de
confiscation dresso par M. Grebnitzsky ct sur lequel Mr. Siewerd a oppos6 sa signature
sans protestation, bien qu'il ait 6tc avcrti par I'Agont Russe, ainsi qu'il rossort d'unc
attestation ocrite sur le dit acte par an citoyen Amdricain present sur les lieux,
M. Malovansky, qu'cn apposant sa signature, le capitaino Anglais devait faire mention
des reclamations qu'il pourrait avoir i\ olovor; fauto de quoi aucuno i-eclamation
ultdrioure de sa part no serait admisc.
Plu3 tard, sans doute, malgrd cet avcrtisscmont, Mr. Siewerd a adrcsse uno
protestation au Gouvornour de Vladivostoek dans laquoUo il a prdtendu que les
canots (In schooner conflsque, lances a la mor pour la chasse des otaries, ne se
trouvaient pas a uno distance de moins do 3 milles du rivago. Mais, iudependamment
de la question do savoir si cost a uno portee de 3 milles seuloment quo doiveut otre
etenduos les caux territoriales, cetto declaration du capitaino Anglais pord s;i
valour : —
1. Par le fait qu'ello est postorioure a la signature par lui de i'acte de confiscation
dress6 dans les conditions enone6es plus haut ;
2. Tarce quo dans sa memo protestation le Sicur Siewerd somble admettre
lui-momo, quolques lignes plus loin, quo les canots de son butiment avaiont pu etre
trouvos par M. Grobnitzky en dega de la ligne Douani^i-o des oaux Russos ;
3. Attendu quo M. I'lntendant des lies du Commandeur aflirme eategoriquement
que deux chalnupes du schooner confisqu6 se trouvaient h uno distance d'une demi-mille
du rivago, et qu'a bord du schooner so trouvaieuit doux otaries non encore oventreos.
En general, les allegations du capitaino de " I'Araunah " par rapport h la position
qu'occupaieut en mor lo schooner et les canots sont assoz vaguos et ne sont rion moins
quo prouvdes. Uno consideration qui depose on outre contre lui, est que son journal
de bord, tenu jusqu'a \h, h ce qu'il somble, roguli^romont, s'arr6te a la date du 5 Juin,
cc qui enl5ve la possibilite pour lui d'(5tablir juridiquemont ses dires et soutcnir qu'il la
veillc do la confiscation et au matin de ce jour-lit il se croyait en pleine mor. Quant
au cahier, trouvd egfilomont parnii sos papiors et qui somble lui avoir servi, par
intervalles, do brouillon pour la tcnue de son journal de bord, il ne saurait 6tre
rcconnu comme pi6co ayant uno qualite juridique obligatoire.
Votro Exeellenoe ayant bien voulu demander d'etre renseigne sur la sanction
qu'avait pu recevoir ultdriouroment I'acte de confiscation prononco par M. Grobnitzky,
je crois devoir vous faire part de cc qui suit.
M. Grobnitzky s'6taient ompresse do presenter un Rapport dotaille do raffaire,
avec les pif^ces i\ I'appui, h M. le Gouvcrneur-General de I'Amour; cclul-ci, apr^s
examon, a reconmi que la conduito tenue par cet Agent avait 6t4) tout i\ fait regulit^rc,
et en A'ortu des pouvoirs qui lui appartenaient, a donn6 h la mesAi'e de confiscation la
sanction de I'autorite administrative suporieurc.
Pour ce qui est de la vente faito par M. Grebnitzky des provisions de bord,
19
eonduito de
confiscatiou
trouv<5e8 par lui sur " I'Araunah," cet Agent expose dans son llapport qu'il j a6t6
pour les motifs suivants.
N'ayant pas h sa disposition la sommo n^cessaire pour exp^dier h Vladivostok:
r«5quipage de " I'Araunah," M. Grebnitzky a dd. veudre aux ench^res, en remplissant
les forraalit^s voulues, les dites provisions ; avec une partie de I'argent retird de cette
vente il a pay6 Ic transport do I'^quipage, et le reste a dtn rem is k la Tresorerie
locale.
Telles sont, M. I'Ambassadour, d'apr^s les donn^es fournies par I'autorite locale,
les conditions dans lesquelles s'est accomplie cette affaire. En Icrminant jo me
permettrai de relever encore ce qui suit.
Le Gouverncment de Sa Majestd Britannique n'i ?nore pas que les l){i,timonts
se livrant sans permission dans ces pamges a la chasse des otaries causent i\
I'industrie locale des dommages incalculables. II a reconnu lui-niem(! I'nrgence
des racsures destinies h mettre fin k un pareil ^tat do clioses, ct il est u regrettor
que les n^gociations entamdes k Londres sur cette matifere n'aient pas abouti jusqu'a
present.
En portant ce qui precede a votre connaissance, je saisis, &c.
(Signd) GIERS.
(Translation.)
M. I'Ambassadeur, Foreign Office, St. Petemburgh, August -1 (16), 1889.
I RECEIVED in due course your Excellency's note dated the 13tli (25tli)
[? 18tli (30th)] December, 1888, respecting the afTair of the British schooner
" Araunah," confiscated by the Russian authorities for being engaged in sealing in the
neighbourhood of the Island of Mednoy.
Your Excellency having requested to bn provided with such information as the
Imperial authorities may bo able to furnish upon this point, I have the honour to
communicate to you the facts which have hccn transmitted to me by the Governor-
General of the Amour with regard to the matter.
Your Excellency will, I hope, be convinced by them that the conduct of the
Russian authorities was perfectly regular.
First, as regards the pith of the whole matter, viz., the confiscation of the British
ship, this proceeding is entirely justified by the fact that the " Araunah " was engaged
in sealing within the limits of our territorial waters. The file of papers communicated
by the Governor-General, and especially tlie Report of the officer who proved that the
vessel had been captured in the act, viz., M. Grebnitzky, the Superintendent of the
Commander Islands, leave no doubt upon this point. Besides, another document
belonging to the same file i-enders it impossible for the captain of the "'Araunah"
now to deny the regular nature of the seizure : I mean tlie deed of confiscation, which
was drawn up by M. Grebnitzky and countersigned, without any protest, by
Mr. Siewerd, thougli, as is proved by a statement written on the said deed by Mr. Malo-
vansky, an American citizen, who was present at the time, he had been warned by the
Russian Agent that on affixing his signature, he (the English captain) must . mention
any claims which ho might have to raise, as no later claim would be recognized, if
this formality was not fulfilled. It is true that Mr. Siewerd, in spite of the warning,
subsequently addressed a protest to the Governor of Vladivostock, in which he asserted
that the canoes of the confiscated steamer, which had put to sea after fur-seals, were
not within a distance of 3 miles of the shore. But, apart from the question whether
territorial waters only extend to a distance of 3 miles, the English captain's declaration
is valueless for tho following reasons : —
1. Because it is subsequent to the signature by him of the act of confiscation
drawn up under tho conditions stated above.
2. Because in this same protest Mr. S'cwerd himself seems to admit, a few lines
further on, that tho canoes may have been within ^.he Customs line of the Russian
waters.
3. Because the Superintendent of the C .mmander Islands affirms categorically
that two boats of the schooner Avere at a distance of lialf-a-mile from the shore, and
that two seals not yet disembowelled were found on board the schooner.
Generally, the statements of the captain of the " Araunah " as to the position on
the sea occupied by the schooner and the canoes are very vague and very far from being
proved. Besides, an argument against him is that the log-book, which seems till then
to have been regularly kept, stops at the date of the 5th June, which makes it
impossible for tho captain to establish his assertions judicially, and prove that on the
eve of the confiscation, and on the morning of the day, he believed himself to be on
IHT
TT
• iii
I! j.,J:
l:t
I!'- :
It:
20
the high sea. As for his diary, which was also among his papers, and seems to have
heen occasionally used by him for rough copies of the entries in the log-book, that
cannot be admitted as a document having any obligatory judicial weight.
The following is in answer to your Excellency's request to bo informed what
sanction the deed of confiscation pronounced by M. Grebnitzky subsequently
received.
M. Grebnitzky lost no time in presenting a full Eeport of the matter, with
documentary evidence in support, to the Governor-General of the Amour ; and the
latter, after examination, declared the Agent's behaviour to have been absolutely
regular, and, in virtue of his powers, gave to the deed of confiscation the sanction of
the superior administrative authority.
For the sale by M. Grebnitzky of the provisions which he found on board the
" Araunah," the Agent gives in his Report the following reasons : —
As he had not at his disposal the sum necessary for sending the crew of the
" Araunah " to Viadivostock, M. Grel)nitzky had to sell the said prov'sions by
auction, after going through the p'-opev formalities. With part of the proceeds he
paid the journey of the crew ; the rcurander was paid into the local Treasury.
Such, M. I'Ambassadeur, according to the statements of the local autliorities, are
the conditions under which the affair took place. I take the liberty, in conclusion, of
calling attention to the following point : —
The Government of Her Britannic Majesty are well aware of the incalculable
damage done to local industry by vessels engaging Avithout permission in fur-sealing
in these waters. They have themselves recognized the urgent need for measures to
put an end to such a state of things, and it is to be regretted that the negotiations
commenced with regard to this matter in London have till now remained Avitiiout
result.
Having thus brought these facts to your notice, I take, &c.
(Signed) GIERS.
^
No. 12.
The Marquis of Salisbury to Sir R. Morier.
«;■'«
Sir, Foreign Office, October 3, 1889.
I DULY received your Excellency's despatch of the 26th August, containing the
reply of the Russian Government to the note which you had addressed to them on the
30th December last respecting the case of the schooner "Araunah," which was con-
ficsated in July 1888 by M. Grebnitzky, the "Superintendent of the Commodore
Islands," for unlawful seal-hunting in the proximity of Copper Island.
Before Her Majesty's Government can form any decided opinion as to their future
action in the case, it is necessary that they should be furnished witli fuller information
than they now possess on the following points : —
1. As to the legal position and authority of M. Grebnitzky. It appears that he
described himself in the certificte dated the 19th June (1st July, 1888), as " Superin-
tendent of the Commodore Islands," acting "in accordance "»/ith the order of the
Governor-General, and the Notice issued by the Imperi, i Russian Government against
illegal hunting and fishing with the limits of Russian territories in the Pacific Ocean,"
and in M. de Giers' note, inclosed in your despatch under reply, the " Araunah " is
spoken of as " confisqu6 par les autorit^s Russes." I should be glad to know the
exact position of this official, and under what authority he acted throughout in
the matter.
2. What were the grounds and authority upon which the seizure of the " Araunah "
was made by the " Alexander II " ? This latter vessel is described as a steamer belong,
ing to the Alaska Commercial Company of San Francisco. She is stated to have
been flying the Russian merchant ensign at the peak, and a green flag with white
cross at the main. I should be glad to know whether this latter flag, which is now
superseded by a blue one, had ceased to be the Russian Imperial Customs flag at the
time the seizure was effected, viz., July 1, 1888, and what was the actual date on
which the change was made.
3. I should also be glad to be furnished with a copy of the Russian Law, if such
exists, conferring upon the Governor-General of Amour the power of pronouncing a
Decree of Confiscation upon vesse?* seized on similar grounds to the "Araunah,"
^w
eems to have
og-book, that
iformed \vhat
subsequently
matter, with
our; and the
sn absolutely
le sanction of
on board the
I crew of the
irov'sions by
3 proceeds he
sury.
ithorities, arc
conclusion, of
incalculable
in fur-sealing
measures to
negotiations
lined witiiout
GIERS.
er 3, 1889.
jntaining the
them on the
ich was con-
Commodore
their future
information
lears that he
" Superin-
order of the
incnt against
rific Ocean,"
Vraunali" is
to know the
roughout in
Araunah "
imer belong-
itcd to have
' with white
i^hich is now
IS flag at the
ual date on
Law, if such
)nouncing a
" Araunah,"
2*
without the intervention of any legal Tribunal, or regular hearing of the parties
implicated.
And, finally, I should wish to see a trans ation of any fishing or hunting Laws
■^v Customs Begulations which the Russian Government may inform you are applicable
to the case.
I have to request your Excellency to endeavour to obtain the information and
documents mentioned above, together with any further explanations which you may
think useful, with a view to obtaining an opinion from the Law Oflicers of the Crown
on the legal aspect of the case. ' ,
I am, &c.
(Signed) SALISBURY.
No. 13.
■ The Marquis of Salisbury to Sir R, Morier.
Sir, Foreign Office, February 14, 1890.
I SHOULD be glad to know whether your Excellency has been able to obtain
the further information in connection with the case of the " Araunah " asked for in
my despatch of the 3rd October last.
I am, &c.
(Signed) SALISBURY.
No. 14.
Sir R. Morier to the Marquis of Salisbury. — {Received February 24.)
My Lord, -S^ Petcrsburgh, February 19, 1890.
WITH reference to your Lordship's despatch of the 14th instant, I have the
honour to state that I have as yet failed to obtain from the Russian Foreign
Office the additional information your Lordship asks for respecting the case of the
"Araunah." I wrote a note verbale on the subject upon receipt of your Lordship's
despatch of the 11th December, 1888, and after an interval I left a Memorandum
on the subject with M. de Giers. I shall now address a formal note on the subject,
with, I hope, better results.
I have, &c.
(Signed) R. B. D. MORIER.
No. 15.
Sir R. Morier to the Mat quis of Salisbury. — {Received March 24.)
My Lord, St. Petersburgh, March 19, 1890.
WITH reference to previous correspondence, I have now the honour to transmit
to your Lordship herewith copies of the note verbale which I addressed to M. de Giers
on the 21st October last, embodying the queries respecting the " Araunah " contained
in your Lordship's despatch of the 3rd October last, and of a note from M. de
Giers, dated the 16th instant, in which answers to these queries are furnished.
Your Lordship will perceive that query No. 3 of my note verbale, in which I ask to be
furnished with the text of the Russian Law conferring upon the Governor-General of
ihe Amour the power of pronouncing a Decree of Confiscation upon vessels seized on
similar grounds to the " Araunah," apparently without the intervention of any Court
of Law, is left unanswered, and that there is only the statement of fact that " toutea
les causes resultant de I'applioation des r^glements ci-dessus mentionnds sent du
ressort du Gouvemeur-G6n6ral de 1' Amour qui en decide en derniSre instance."
It can be safely asserted that the investiture of the Governor-General with these
prerogatives rests upon no law properly speaking, but is the result of administrative
arrangements emanating directly from the Sovereign in the exercise of his executive
power.
I have, &c.
(Signed) B. B. D. MOBIEB.
' — — _^. -i
h'"
22
Inclosure 1 in No. 15.
1 "''
!ii
.ill .■ ■
Note Verbale.
HEB Britanuie Majesty's Ambassador has the lionour to present his compliments
to his Excellency the Imperial l^Iinister for Foreign Affairs, and to inforin him that
he has received a despatch from Her Majesty's Secrctaiy of State respecting the con-
fiscation of the fictiooner " Araunah," in which the Marquis of Salisbury states tlmt
Her Majesty's Govieniiment do not feel able to appreciate the considerations put forward
by the Imperial Government in their note of the Ith (I6th) August last without fuller
information than they at present possess on tho following points : —
1. What is the exact position of M. Grebnitzky, described as " Superintendent of
Commander Island*," and under what authority he acted throughout in the matter ?
2. What werc the »roands and authority upon which the seizure of the "Araunah"
was made by the "Alexander II"? This latter vessel is described as a steamer
belonging to the ^Vhuka Commercial Company of San Francisco. She is stated to
have been flyin^ the Russian merchant ensign at the peak, and a green flag with a
white cross at thi? main. Lord Salisbury would be glad to know whether this latter
flag, which is said to be now superseded by a blue one, had ceased to be the Russian
Imperial Customs lla^ at the time the seiKure was effected, viz., the 1st J''\ , 1888, and
w hat was the actual diate on which the change was made ?
3. Lord Salishuiy would also be glad to be furnished with the text of the Russian
Law conferring lapioio the Governor-General of the Amour the power of pronouncing a
decree of ccnfiscatiioo apon vessels seized on similar grounds to the " Araunah,"
without apparently the intervention of any Court of Law, or regular hearing of the
parties implicated.
Her Britannic Majesty's Ambassador has accordingly the honour in request his
Excellency the ilini!it»?^r of Foreign Affairs to be good enough to enable him to furnish
Her Majesty's Government with the information they desire, and Sir Robert Morier
seizes the opportonitr to renew to M. de Giers the assui-ance, &c.
British Embum/^ St. Petersburgh, October 9 (21), 1889.
Inclosure 2 in No. 15.
fe
M. de Giers lo Sir R. Morier.
M. I'Ambassadeor, Sainl-Pe'tersbourg, le 3 (15) Mars, 1890.
VOTRE Excellence a bien voulu me remettre a la date du 9 (21) Octobre
dernier une nolic verhale dont il resulte que le Gouverncment de Sa Majesty la Reine
est desireux d'obtenir des informations suppl^mentaires au sujet de la suisie de la
goeleltc " Araunah." Les points sur lesquels le Gouvernement de la Reine tiendrait
a etre renseigne ctant specific dans la note en question, je me fais un devoir de vous
communiquer oe qui suit : —
1. M. Grebnitzky, en sa quality d'Intendaut des lies du Commaudeur, est charge
de radministration de ce territoire, et il relive directement du Gouverncur Jlilitaire
de la Province Maritime. C'est a lui aussi qu'incombe le devoir de veiller a I'applica-
tiou des R^glements qui interdisent aux navires etrangera, qui ne seraient pas munis
d'unc autorisation speciale emanee du Gouverneur-G^n^ral de 1* Amour, d'exercer le
commerce, la chastw, ainsi que la peche dans les eaux territoriales des lies du
Commandeur.
2. A defaut de navires de guerre, I'autorit^ locale a le droit d'employer, pour
fairc respecter les Ri^lements ci-dessus mentionnds, des navires marchands, qui, dans
ces cas, ont a Icnr bord une garde militaire, et sont munis d instructions sp^cialcs. Le
bateau a vapeur " Alexandre II," k bord duquel se trouvait M. Grebnitzky au moment
de la saisie de "rAiaun^h," 6tait justement charg6 h cette ^poque de la surveillance
dans les eaux des Iks du Commandeur.
3. Le pavilion I>nianier Russe n'a pas 4)t6 change ; et .^
4. Toutes les causes resultant de I'application des R^glements ci-dessus mcntionn6s
sont du resBort du Goaremeur-G^n^ral de I'Amour, qui en ddcide en derni^re instance.
Conform^ment k cet Artide les pieces relatives k la saisie do " 1' Araunah " ont 6t6
Lansmises a M. TAide^-camp G^n^ral Baron Korf, qui, apr^ avoir examine les
procds-Torbaux dii?ai£^ jar ]i|,..£|^bnitzky,, ainsi^que le^^ du capitaine da
jompliments
na him that
;ing the con-
y statt-s tliat
; put forward
ithout fuller
■intendent of
le matter ?
! "Araunali"
IS a steamer
is stated to
n flag with a
er this latter
I the Russian
' , 1888, and
■ the Russian
ronouDcing a
•' Araunah,"
jaring of the
n request his
im to furnish
obert Morier
Jars, 1890,
21) Octobre
st^ la Reine
saisie de la
?ine tiendrait
i3Voir de vous
ir, est charge
2UV Militaire
r a I'applica-
it pas munis
d'exercer le
des lies du
navire en question, a reconnu que la saisie avait 616 opdr<5e dans les conditions pr^vues
par les Rfeglements. et a prononc6 la confiscation de "1* Araunah."
Enfin, pour satisfaire au ddsir exposd dans la note verbale de voire Excellence du
9 (21) Octobre dernier, je mo fais un (levoir de vous transmettre ci-apr6s une traduction
Anglaise du xi^glemcnt relatif h la prohibition du commerce, de la chasse, et de la
pecbe dans les eaux territoriales Russes de I'Ocdan Paciflque. Dans le but de pr^venir
des infractions h ce R^glement le Gouvv^rnement Imperial a eu soin de le faire
publier on 1882, par I'intermddiaire de ses Agents Consulaires, a San Francisco, ainsi
que dans les ports du Japon ouvcrts au commerce 6tranger.
Veuillez, &c.
(Sign6) GIERS.
(Translation.)
M. I'Ambassadeur, St. Petershurgh, March 3 (15), 1890.
YOUR Excellency was pleased to communicate to me on the 9th (21st) October
last a note verbale stating that Iler Majesty's Government is desirous of obtaining
further information on the subject of the seizure of the schooner " Araunah." As
the points on which Her Majesty's Government wish to be furnished with information
are specified in the note in question, I have the honour to communicate to you tiie
following : —
1. M. Grebnitzky, in his quality of Superintendent of the Commander Islands, is
charged with the administration of that territory, and he is directly responsible m tlie
Military Governor of the Maritime Province. It is also his duty to see to the applica-
tion of the Regulations which prohibit foreign ships, without a special authorization
from the Governor-General of the Amour, from trading and hunting, as well as fishing,
in the territorial waters of the Commander Islands.
2. In default of shijis of war, the local authority has the right of employing, to
enforce the above-mentioned Regulations, merchant-ships, which, then, have on board
a militarj' guard, and are furnished with si)ccial instructions. The steamer " Alexan-
der II," on board which M. Grebnitzky was at tlie moment of the seizure of the
" Araunah," was so charged at this time with the police of the waters of the Com-
mander Islands.
3. The Russian Customs flag has not been changed.
4. All the legal cases arising out of the application of the Regulations above
mentioned are Mitliin the jurisdiction of the Governor-Geneml of the Amour, who
decides on them in the last instance.
Comformably to this Article, the documents relating to the seizure of the
" Araunah " were sent to Aide-de-camp General Baron Korf, who, after having
examined the proces-verbaux drawn up by M. Grebnitzky, as well as the demand of tlie
captain of the vessel in question, decided that the seizure had been made under the
conditions provided for by the Regulations, and pronounced the confiscation of the
" Amunah."
Finally, to satisfy the desire expressed in the note verbale of your Excellency of
the 9th (21st) October last, I have the honour to transmit to you an English translation
of the Regulation relative to the proliibition of trading, hunting, and fishing in the
territorial waters of Russia in the Pacific Ocean. With the object of preventing
infractions of this Regulation, the Imperial Government took cai-e to publish it, in
1882, through their Consular Agents in San Francisco, as well as in the Japanese ports
open to foreign commerce.
Accept, &c.
(Signed) GIERS.
iployer, pour
ds, qui, dans
)6ciales. Le
y au moment
surveillance
IS mentionnds
L^re instance.
Qah"ont6t^
examine les
capitaine du
Inclosure 3 in No. 15.
, ' ' rl "\ ' . ■■' ' Notice.^ ■ • • ' ' '
THE Russian Imperial Government hereby publishes for general knowledge the
following : —
1. Without a special permit or licence from the Governor^eneral of Eastern
Siberia, foreign vessels are not allowed to carry on trading, hunting, fishing, &c.,on the
Russian coast or islands in the Okhotsk and Behring's Seas, or on the north-east coast
of Asia, or within their s.ea boundary-line.
i 3161 '"^ »i Ai'iipw t*nu7 ii«im »♦» itj ■•fni"i"><uirr'»>'HT .' , ■ - -r J] v
^
I
24
... .»
2. Por such permit or licences foreign vessels should apply at Yladivostook
exolusirely.
3. In the port of Petropaulovski, though heing the only port of entry in
Eamtchatka, such permits ^j>' licences shall not bo issued.
4 No permits or licences whatever shall be issued for hunting, fishing, or trading
at or on the Commodore and Bobben Islands.
6. foreign vessels found trading, fishing, hunting, &c., in Russian waters without
a licence or permit from the Governor-General, and a. so those possessing a licence or
permit who sliould infringe in the existing bye-laws on hunting, shall be confiscated,
both vessels and cargoes, for the benefit of the Government. This enactment shall be
enforced henceforth, commencing with a.d. 1882.
6. The enforcement of the above will be intrusted to Russian men-of-war, and
also to Russian merchant-vessels, who for that purpose will carry military detachments
and provided Avith proper instructions.
i
wu
m
f*<i
No. 16.
The Marquis of Salisbury to Mr. Gosling.
Sir, Foreign Office, May 9, 1890.
I HAVE carefully considered, in communication with Her Majesty's Secretary of
State for the Colonies, Sir Robert Morier's despatch of the 19th March last, and
the note of M, de Giers inclosed therein, furnishing further information in regard
to the seizAire and confiscation of the British schooner " Araunah," when engaged in
seal-hunting in the neighbourliood of Copper Island, a possession of the Russian
Empire in tlie neighbourhood of Behring's Sea.
The whole of the correspondence which has passed in regard to this case has been
submitted to the Law Officers of the Crown for their opinion upon the points of law
involved.
It would appear from M. de Giers' note of the 3rd (15th) March that the
Government of the Province of Amour, in which the Commander Islands (Copper
Island forming one of that group) are included, is a purely military one, and that,
subject to the supervision of the Govemor-in-chief, the Intendant of the islands is the
sole judicial as well as executive officer.
Her Majesty's Government are advised that a private vessel, with a duly
authorized officer on board, and flying a proper flag, and under special instructions,
may lawfully make a seizure such as the seizure made in this case by M. Grebnitzky.
Th y are further advised that there is nothing inconsistent with international law
in the establishment by the Russian Government of such Tribunals as those indicated
by the procedure in the case of the " Araunah."
So far, therefore, as the mode of proceeding is concerned, there appears to be no
sufficient ground on which a protest or claim for compensation could be based.
With regard to the grounds on which confiscation was decreed, it is to be
remembered that the master of the " Araunah " does not deny the statement of
M. Grebnitzky that he signed the act of confiscation, which involved an admission of
the alleged offence, and this without any intimation that he intended to protest
against the decision, although he was duly warned that he ought then to submit any
protest which he intended to make.
The evidence as to the actual position of the " Araunah " and her canoes at the
time of the seizure is very confiicting. The master of the vessel says in his letter of the
29th October, 1888, that his ship was 8 miles off the southern extremity of Copper
Island, but in his earlier telag-zam of the 9th August, 1888, he speaks of being
within 6 miles of the southern extremity of the island. The captain of the
"Alexander II" says that the "Araunah" was within 3 miles of the island,
while the second officer of the first-mentioned vessel puts the distance at from 5 to
7 miles.
The canoes were out to the south and west of the vessel, that is to say, between it
and the island, one of them, at least, at a distance of not more than 3 miles from it,
and in M. de Giers' note of the 4th August, 1889, it is stated that M. Grebnitzky
categorically affirms that two of the canoes were within half-a-mile of the shore.
Her Majesty's Govemment are of opinion that, even if the " Araunah " at the
2&
time of the seizure was hoi'seif outside the 3-mile territorial limit, the fact that she wiis
by means of her boats carrying on fishing within Russian waters without the
prescribed licence warranted her seizure and confiscation according to the provisions of
the municipal law regulating the use of those waters.
They do not, therefore, as at present advised, propose to address any further
representation to the Russian Government in regard to this case.
I anSi &o«
(Signed) SALISBURY.
«'^
t.
5 S
3 S
4| '
ir
<D ^
3
3
a
3
a.
§' M
"an
> S M
5 o
:s a
1 3
TREATY SERIES. No. 16.
1892.
CONVENTION
s' g s
1^3
=■3 1
^ i'
1 i
GREAT BRITAIN AND THE UNITED
STATES OF AMi:i{ICA
KUPIOTINO THI
SqUNDARY BETWEEN THE TWO COUNTRIES. [JQ]^ QP
(ALASKA AND TASSAMAQUODDY «AY.)
Signed at Washington, July 22, 1892.
4 Ratifications exchanged at Waxhinylon, AiKjiist 2.3, 1892.
•s
5. =r
m}
Presented to both Houses of Parliament lif Cummnnti of Her Majesti/.
February 1893.
LONDON:
PRIN'lED FOR HER MAJESTY'S STATIONERY OFFICE,
BY HARRISON ANO SONS, ST. MARTIN'S LaNE,
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iiKi! :\r:.ii'«i.v
l!i'il;iilj mill ll'i'Iiit
(•i[uiilly ilcsiruiis til
(lilli'll'IICt! lictwccii
ivL,'iir(l t,o tli(.' ilflii
^liiji'sly's jiiissi'ssiii
l'.'.S]l'J('t til Sllcll |ll)l'
lii'i'ii jjcriiiiiiii'iilly
t'liiiU'ii, liMVc ri'sii|\
tlii'NC t'liilis, iind lor
I'luiiiiMileiiliiirius:
Her iMiiJcsly t
llritaiu ami Irchiii
(l'j\ll'lUl('.'> ('(/ iil/l'I'i
The I'rcsiiliMit i
of Stiih! uf the I'll
Who, iil'ler liiivi
liill ]iii\vuis, wliicli
iiiiivinl l(j ami t'oiicl
. :i
TlioHi-li Cond
slll'Vi'V (as lll;iy 1:
IMIIilc nl' tll(^ tcl'litn
tli(.' Diiiiiiiiioii of
dividing the I'rovi
li.'iritiiiy ol' t'niiailii
111' ."4° 4(1' north
i/ni'iiiiiiU'i's till' 14
iHiTiilian of (Irci'iiv
liy till' lii'^h t'oiiliii
111' lliL' fads and di
said lioiiiidavy-liiie
f.\i-itiiig 'IVcatii's ill
iiiid liutWL'uu the I'l
[059]
VI
BYRE
[0.— 6962.J Prici
C(JNVT;.\"rTON 1?ET\VEEN (JIM-IAT HllTTAlN
If AND 'HIK UNFTEl) STATES OF AMERICA
'55 IM'Sl'EC'riN(r TTIK HOUNDAnV llETWEEN
TIIK TWO COUN'TJtlKS. (Ai-asica anm) P, ssA-
f .MA(iUom»v Bay.)
,Si;i,ir,l ril Wiishi it'll, in . Jul 11 'I'l, IS',)-'.
,'./
[f!,i'ijiritli"ii'* i:.ir/iiiiiijcil III U'i"^/iiii;/li>ii, Aii/i'sl*2'.\, 1802.]
1[K1! ^MujcHtv the <iiiwii III' tilt' I'liittd KiiiL:tliiiii ul' (litMit
Diitiiiu ami livliind, mid tlio riiili'il StaU's nf Aiiiuiicii, liuiii;.'
ciiimllv tlcsilinis til iiiiiviili^ I'lPi till' M'liiiiviil 1(1' all |Missil)lii nitisu iil
ililli'iriico bi'twi'i'ii lliuir iwiiectivi! (iDVi'iinmuits liuii'iit'tor in
iv','iiril ti) tlio ili'liinitatiim iif tliii cxislin;; liimiiilaiy lii'twoi'ii llor
I\l?iji'sty's iiiissi'rtsiniis ill Xoitli Aiiic'vii'ii ami tins I'liiti'il Stiuos in
i.'siM.'ct ti) siirli |M)iliiiiis of siiiil ImiuiiiIimv aM iiiiiy iml in fiu't liavu
liiTii iii'riiiiiiii'iitly iiiaiUi'ii in viilmi dI' Tri'alics licrctdroro coii-
cliiilc'il, liavi' iiv-nlvcit ti> i;onrliiili' 11 Coiivi'iiliiiii ill riirtlirraiiiM' of
llii'M' I'liils, anil I'll' that inuiiiixi' liavi' aiipointi'il 111 their rospectivo
I'luiiiiMiti'iiliarii's:
llcr .MiiH'stv till' i.'iifi'ii 111' tlic I'liiti'il Kiii'^iliini of Groat
r.iilain ami Iivlaml, tlii' lloiKiiiialili' Jliiliaul 11. liiTliuit, Cliarj^u
d'.Vl'liiiri'fi ('1/ iiiliriiii III' (ii'i'al i'.rilain ; ami
The l'ri.'siiliMit nl' tlii' I'liiti'il .Slati's, .loliii \V. l-'ustur, Sufri'tary
III' Stall! of till' I'liiti'il Stall's;
W'lio, al'tur liaviiii,' coniiiiuiiiL'atfit to uarli nllu'i' tliuir ii's|irriivr
lill iiiiwurs, wliirli vcrc rniiml (o be in iluc ami ]ii'i:[)(;r I'oiiii, liavii
iiL;n'L'il to anil I'luuliuli'il tliu lollowinj,' Arlicli'.s: —
AKTICLK I.
'I'liti 1li;,'li ( niilraitiiiL; I'avlios ap'oo tliat n rninriilniit or joint
■.in\ry (a-i may lu' I'oiiml in ]ivai:tiru most I'mivi'iiiuiit) sliall In'
uiiiilr 111' till' triiilory ailjari'iit to that ]iart of tin; linuiiil;iiy-lim' nf
ihi' l)omiiiioii of L'anailii ami tliu I'liitoil Stall's of .\nii'ririi
(liviiliii;4 tilt' Province of liritisli Columbia ami tlio north-west
li'Mitoiy of t'anaila from the Territory of Alaska, from the liitituile
of ''i" 4(1' north to tlie point where the said boundary -lino
iiitonnters the Itlst degree of lonj,dtU(le westward Ironi the
1111 ridiaii of (li'eeiiwieh, liy Coniiiiission.s to be appointed severally
liv till' lli;.^li (.'ontiai'tiiii,' I'arlios, with a view to the a.seertainineiit
111' the facts and ilata necessary to the permanent ilelimitation of
said boiiiidary-liiie in accordiince with the spirit and intent of the
existiiin Tieatirs in icj^aid to il bi'tween (iieat IJritaiii and Ilussia
and between the United States and liiLssjia.
[059]
X
[ION OF
'S
.. ... i:-l
n
I
iesty.
■r i 8T
i *
LONDON:
PRINTED FOR HER MAJESTY'S STATIONERY OFFICE
BY HARRISON AND SONS, ST. MARTIN'S LANE,
rklNTIKI IN OKBIHAKT TO BIB MAJUTT.
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And to be puirhatad, either direetljr or throvg'i inj Bookieller, tnm
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HODGES, FIGGIS. A Co., Limitid. 104, GBArioM tmrnn, Vvwum,
j>^
ii ■;
I i
A]i]iliVatinn will be imiilc willinut, dclny (n llio rospcrtivn
Locislativo liodies tor llio !i]iin'o)irinti(ins iicn ssary for the ]ii'iis(>i'ii-
tiiiii of till' siivvcy, iiiid till' (,'imnnissii)'ii< to In- niijidinli'il liy tlio
twii ( Idvcniniciits sliiill iiM't't 111 Oltuw.i williin two moiitlH ;\ric'i'
sniil ii)'i i|iriation sluill Imvi- been iniulc, uml uliall in-occcil as mkhi
as jii'a. ticabh^ tlu'H'art(."r to tlio attivc difi'liarfU' of ilu'ir diitii's.
Till! vosiKH'tivo Coiniiiissioiis shall coiiiiilclt' lli(> survt'y and
Hu' rinit tlii'ir liiial Ju'iiovls tlioivof witliiii two years fvoiii tlic date
of tli"ii' lirsf iiu'i'tiiiL;.
Tlio Coiiiiiiissioiis shall, so fur as llicy may ln' abli' to ativci-,
make a joint Kcport to caoli of tlio two Govcriinu'iils, mid llicy
siiali also vi'iiort, I'itlu'v jointly or sovcrally, to cai-li (lovcinnirnt
on any points ujion wliicli tliov may he unalili' to mjjii'c.
Kai'li (lovornnii'ut shall jiay tlir ('X)ienso.'» of the CoMiniission
aiijiointi'd by it.
I'liU'li (iovcniiinMit oii,!,'nt;i's to facilitate in e\('iy iiossilili' way
any o]ieratioiis wliich, in jMirsnanee of the ]>lan to be auieed upon
by the ("oiiiniissions, may \x< eondiieted within its territory by (lie
Commission of the other.
Tlu' Hi.u'h ("ontraetinj,' I'arties af,'ree that, as soon as jiraelicable
after the I\e]iort or Itejiovta of the Conimissiniis sludl Jiavi' been
received, tlioy will ])rocced to consiih'r ami establish the b(aiiidary-
line in question,
AI.TTCLK II.
The Hisjli Contractinc; I'arties aiiree that thi' (lovernmenis of
IFer Britannic ^fajesty in behalf of the Dcaninion of (.'anada and
of the United States shall, with as little delay as ]iossible, a]i]toMii
two Coiiimissioners, one to be named by eaeli (larty. to di^teiniine
n]ion a metliod of more accurately marking the boundary-line
between the two ec.untries in the waters of l'assiiniac|Uodily l',;iy in
front of anil .idjacent to lvist]iort, in tlie State of Maine, and to
plac" buoys or lix such other boundary niarlis a-^ tliey may deter-
mine to bi' necossiiry,
Kacli ( iovernmcnt shall ]iay the eN]ienses of its ou;i Coniiiiis-
siouer, and cost of marking 'lie lioitiidaiy in surh niiinner as shall
)u' detoriuined upon shall iio defrayed by the Iliuli ContnutiuL;
I'arties in eipial moieties.
ARTICLE Til.
The jirosent Conviuition shall be duly vatili(vl by Tier Tlrilaunic
Majesty and by the President of iIh' I'nited Sinles ci ,\nieii(M, liy
and with the advice anil eonsent of ibe Senate llni. of ; ami the
ratilications shall be exchnged al Wasliiie^tiai v. itiiin turKr
mouths fvi'Ui the date hereof, lu' earlier if possible.
Tn faith whereof we. the res]iective I'leiiipolentiaries, li:i\e
siu'ued this Convention, and have hereunto atbxed our .seals.
T)one in du]>licate at Washiuiitoii. the 22nd day of .liily, one
thousand eiylit hunda'd and ninety-two.
(Si-ned) (T„S.) MlCllAKI, II. ni'.IMiiaJT.
(Signed) (L.S.) .101 IN W. I-QSTEK,
k "
-■J.\
(lio ivs]i(<i'tivn
"iir the jirostuii-
iioinlcd liy tlio
11 immllH iil'lrr
|H'iH'('('il as Miiiii
lu'ir (liilics.
Ill' siirvov and
s fvom tlic ilatr
!■ nbli' to :li,'V('o,
ii'iits, mill tlii'V
'li (Idvi-miiii'iit
Jl'l'C.
lie C'oiiiiiii.ssioii
y jiiissilili' way
lie n^n'cil ii|iiiii
Icviilnvy liy tlic
II as )ii'acliralil('
hall liavr luTii
1 (li(> iMiiuidavv-
[iiivorniuonls of
(if Canada and
lossililo, a]i]nii\il
:y, to di'lcriniiii'
lioiindary-liiii'
numdily Itay in
Maiiii'. and <ii
llii'V may drlcr-
^ nun ('oiiitiiis-
iianncr as sliall
li ('onlvactiiiL;
KUSSIA. No. 1 (1893).
CORRESPONDENOK
RESPECTING
AN AGREIMUNT FOR THE PROTECTION OF
RUSSIAN SEALING INTERESTS
#
IN THE
NORTH PACIFIC OCKAN
llor l^ntannic
il' Anii'iira, liy
'iriif ; and llir
V. iliiin twrKi'
Miliarii's. liavi'
IP seals,
(if .Inly, nni'
IIKIJHKKT.
DURING THE YEAR 1893.
V{
Presented to both Houses of Fctrliament bi/ Cominund of Her Majttt'j.
June 181)3.
"f
«' .
LONDON:
PllLN'TFn FoR HER MAJESTY'S STATIONERY OFFICE
BY IIARhlSON AND SONS, ST. MARTIN'S LANE,
PKINTim IN OKDINAKT TO HIE MAJEaTT.
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't2, Ahinqdon STBiir, Wkitmikitir, 8.W. i ob
JOHN UUNZIRv ft Co., It, llANnria Sraiiir, KoiMicmaa, aks
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HOCQK';, PinoiS, * Co.. Limitid, 104. OkArTOM Bnsn, OaauM.
[0.— 6962.J Price 3d.
■! 1 12
(
i
rrr
TABLE OF CONTENTS.
I
I .,
ft
\ii
No.
Name.
Date.
Subject.
Page
1
Colonial Office
Jan. C, 1893
Scaling in North Pacific. Inquiry from Canadian
scalers as to what waters are open to them
2
1* n • • • .
17,
Ditto. Appr()\ed Minute of Canadian Council on
which telegram inclosed in above letter was based
3
To Sir R. Moricr , ,
18,
Transmits above letters. To inform Kuatian
Government of proposed reply, and ask if they
have any objection
4
Sir R. Moricr
2."',
Note to M. C'hichkine in accordance with above
instructions
fi
f, 1, •• ••
25,
M. Chichkine cannot reply to above note until it
has been returned from Ministry of Domains ..
6
To Sir B. Morier . . , ,
Feb. 4.
Approves note to M. Chichkine (see No. 4)
7
1, ti • • * .
4,
Approves language to M. Chichkine (see No. 5) ..
5
8
Colonial Office ,.
21,
Sealing in Norih Pacific. Correipondence from
Canada. Presses for reply to inquiry from
Canadian sealers . , . .
G
9
To Sir R. Morier . .
22,
Transmits above. To endeavour to obtain expres-
sion of vicv.p -f Pu.ssian Government..
8
10
Sir B. Morier
25,
Reply "f Riissiiii' 'Ti,\prnment to SirE. Morier's
note of ; rd ■_ .■.-v (-.ee No. 4). Measures
proposec' K;.i5a: . 'iovcrnment for protection
of {ufsiaii ,i,i;i;;.,<- interests during 1893
11
The Marquit of Ripon to Lord
Stanley of Preston
(Telegraphic)
Mar. 3,
To inform Coiliciors of Customs at British
Columbian ports of Kussian proposal respccling
protective zone. Sealers should be warned of
probable ngreemcnt .. ., .,
13
12
To Mr. de Bunsen
10,
To warn British scalers clearing from Japanese
(Telegrnpliio)
ports of prospective arrangement
13
13
To Sir R. Morier .,
(Telegripliic)
13,
Informs him of .ibove warnings to sealers
14
14
f> „ • • • •
17.
Russian proposal for protection of seals. Answers
No. 10. Terms of agreement into which Her
Majesty's Government are prepared to enter
U
16
Colonial Office , , ,
Apr. 4.
Warning to .North Pacific sealers. Despatch from
Canada. Circular has been addressed to Collectors
of Customs . . . . , .
IC
16
I) 1) •• ••
,. 7,
Warning to sealers (see above). Additional
measures taken to give publicity to pros]iective
arrangement . . . .
17
17
S R. Morier , , . .
„ 18,
Protection of Russian sealing iBt.'reit? Reply of
Russian Government to p<'<p>-??! in No. 14,
Accepts Agreement, wit'' .-.'-"irvai-ci as to
delivery of British vessels lii ■'
20
18
To Mr. Howard . .
May 3,
Answers above. Sends dra, /.■ -ivv •>bich he
is empowered to sign if H: ■-■ rovMument
ogree. llcr Majesty's Governmeui vnw admit
Russia's claim to tako the propose'. ...easurei
without Agreement
24
19
Mi\ Howard
,. 12,
Note to Russian Government in accordinee with
the above instructions , ,
25
.80
w ••
„ 23,
Reply of Russian (jovuriimcnt. Agrees, with
certain reservations, to terms of draft Agreement.
They prefer an exchange of notes
2G
21
To Mr Howard ..
(Tclegrophic)
„ 29,
■
Arrangement accejited by Her Majesty's (iovern-
mcot, who adhere to reservation contained in his
note of 12th instant. To address note to Russian
Government . . . .
28
29
Sir R. Morier ,.
» 30,
r?xt of note addressed to !:■ ;«rb Government in
(Telegraphic)
•ccrru.i-,"'! with above i'S'-.f^-jO"! ,, ,.
29
■■.;■•■'■,: .«-'?i''f'ii
Torn Canadian
lo them . .
m Council on
itter was based
form Kuitian
nd ask if tliey
ce with above
note until it
' Domains . ,
•lo. 4)
»ee No. 5) . .
undence from
inquiry from
obtain expres.
!nt. .
irB. Morier's
I). Measurea
for protection
1893
I at Britifth
sal respecting
be warned of
Pdn
• • • •
13
om Japanese
■ • ■ 1
13
ers
U
Is. Answers
which Her
to enter
14
espatch from
to C'ollectora
• • • •
IC
Additional
> prosjiective
* • • •
17
? Reply of
■M
■n No. U.
m
.''aD as to
m
!»bich he
lov-rnment
A'liio' admit
L.easurei
rdince with
grecs, with
Agr«ement.
ty's (iovern-
tained iu his
e to Kuisian
vernment in
20
24
25
2G
38
29
Correspoiidonco rci-pecling an Agreement for the Protection
of Russian Sealine: Interests in the Jsorth Pacific Ocean
(luring the Year 1803.
No. 1.
Colonial Office io Foreign Office, — (Received January 6.)
(Extract.) Doivning Street, January 6, 1893.
I AM directed by the Marquis of Ripon to transmit to you, to be laid before the
P'arl of Eosebery, a copy of a telegram from the Governor-General of Canada, inquiring
on belialf of the Canadian sealers in what part of the Xorth Pacific, especially on the
Asiatic side, they may pursue their industry during the season for which preparations
arc now in progress.
Inclosure in No. 1. '
Lord Stanley of Preston to the Marquis of Ripon.
(Telegraphic.) December 31, 18y2.
OWNERS of senling-vcssels and others engaged in sealing ip.\isi.-y in 'Canada ask
for views of Her Majesty's Government touching their rights as to sealing during next
season : they desire to linow what waters of North Pacific Ocean are open to them for
soaling purpo.scs, especially on Asiatic side, and witliin what limits they may count upon
protection. Answer urgently required, it possible by telegram, as time for fitting out
vessels is now at hand. Despatch follows by mail.
No. 2.
Colonial Office to Foreign Office, — {Received January 17.)
Sir, Downing Street, January 17, 1893.
AV^ITH reference totlie letter from this Department of the (ith instant respecting the
i.nquiry of the Britisli Columbia Scalers' Association as to the limits within which they
ni!iy piir.sue their industry during the approaching season, I am directed by the Marquis
of Ripon til transmit to you, to be laid before the Earl of Ro.sebery, a copy of a despatch
from the Governoi-General of Canada, inclosing an approved Minute of his Privy
Council on the subject of the Memorial of the sealers.
I am, &c.
(Signed) EDWARD WING FIELD.
Inclosure 1 in No. 2.
Lord Stanley of Preston to the Marquis of Itipon.
iMy Lord, Government House, Ottawa, December 31, 189D.
I HAD the honour to send to your Lordship to-day a telegraphic message as
follows, a translation of which is subjoined : —
[See Inclosure in No. 1.]
I have now the honour to inclose a copy of an appro t'od Minute of Council on
which the above telegram was based.
I have, &c.
(Signed) STANLEY OF PRESTON.
[396]
B 2
m
§-i
1 , .■? (1
Inclosurc 2 in No. 2.
Report of a Committee of the Honourable the Privy Council, approved by his ExceVency the
Governor-General in Council, on the 20/A December, 1892.
ON a Report, tiated the 23id December, 1892, from the Minister of Marine and
Fisheries, submitting tlie appended communication from owners of scaling- ve-scls and
others interested in the scaling industrj-, it will be observed that it vas i)riginally
intended by the writers to send the communication to the High Conirni*.sir)Dcr for
Canada, to whom it was addressed.
The Minister observes that the sealers refer to the restrictions wh'oh liavu been
p'accd upon their industry. They describe tlie limited range for tboir occupation
consequent upon the closure of Hehring Sen, and express their uncertainty touching the
extent to which the Asiatic waters may be used in consequence of the action of the
Russian aatlioritics during the past soasou entailing the loss of property and sacrifice of
personal liberty.
'I'hey may, therefore, possibly be limited, in fact, to the coast catch, with, they say,
the altcnialivc of entirely abandoning the industry, which, they show, would entail the
loss of capital, income, material and commercial connections to the owners, and (he still
more serious loss to the master? and crews and their families.
The Minister, touching tlie character of these memorialists, cheerfully tcHtifies his
opinion to be that they are law-abiding subjects of Her Britannic Majesty, and entitled
to every reasonable consideration in the protection of their rights. They are naturally
anxious to know authorilativcly the views of Her Majesty's Government touching their
riijhts, in order that they may bo enabled to judge, in the appr.iaching season, whether
not their vessels may safely be fitted out for the purpose of sealing. They desire
i?C'ii\lly to be informed within what limits *hey may now count upon protc-tion.
Tic Committee, on the recommcndatio;i of the Minister cf Marine and Fisheries,
who states that, in his opinion, the request is most reasonable, advice that your
Excellency be moved to cable Her Majesty's Clovernment the substance of the communis
cation from the sealers, with the request that your Excellency be advised speedily of the
opinion of Her Majesty's Governtment.
The Committee further advise that your Excellency be moved to forward a copy of
this Minute to the Riglit Honourable the Secretary of State for the Colonies, for the
consideration of Her Majesty's C3 overnment.
All which is respectfully submitted, for your Excellency's approval.
(Signed) JOHN J. McGEE,
Clerk of the Privy Council.
Sir, Victoria, Xovember 30, 1893.
The Undersigned owners of scaling schooners, and others interested in the sealing
industry, have the honour to lay before you the following statement, which should,
perhaps, with more proprietj', be forwarded through the officials at Ottawa. The next
season is, however, near at hand, and time is precious ; so to avoid the inevitable delay
incident to formal transmission through official channels, we have thought fit to address
you direct, trusting you will not consider that we have taken an unwarrantable liberty.
W'c would draw your attention to the fact that not only has much capital been
invested in sealing schooners, their outfits, and the machinery necessary to deal
adequately uith the ^season's catch, when it has been s-afcly brought to port, all of which
is necessarily idle and unprofitable while the existing conditions are maintained, but that
a large number of men, with their families and those dependent upon their exertions, arc
at present deprived of any opportunity of earning their living ; for the coast catch, which
is all that is now open to us, without the fear of seizure of our vessels and sacrifice of our
personal liberty constantly before our eyes, is too limited in extent, and uncertain in
nature, to enable us, without absolutely certain loss, to fit out vessels to engage in it
alone. Even at the best it can never aflTord subsiytence to a tithe of the fleet.
We are now debarred by the terms of the modus vicendi from operating in Rehring
Sea, and recent events on the l?ussian side have shown that the present limits are not
clearly defined. We are therefore limited to the coasts of the Province of British
Columbia and Alaska up to the Behring Sea, with the one alternative of going out of
the industry altogether, and all that such a stop entails, the loss of capital, income,
material and commercial connections to the owners, and, what is still more serious, the
loss of even their daily bread to the captains and crews, not to speak of their families
and dependents, who, it goes without saying, can ill afford to hear such a reverse.
1
'i
a*
s ExceVoncy the
of Marine and
ing-vp,-scls and
uas itrij^inally
nirni'sioRcr for
b'fih liavij been
oir occupation
■y Icuchiog the
J action of the
nd sacri6cc of
with, tlioy say,
>uld entail the
:s, and (he still
lly testifies his
y, and entitled
f are naturally
touc'ainjj their
eason, whether
They desire
te'.'tion.
and Fisheries,
ise that your
the coramuni*
ipeedily of the
vard a copy of
onies, for the
ivy Council.
We are well aw"re that the pu'.iic of Canada and Enn-land, far away from the scene
of action, lave beeri iduccd by llic untiring ellbrts of interested persons in the United
States, exerted through the newspaper press and by otiicr means, to accept a distorted
account of our proceedings, and that we arc too gcncriilly looked upon as adventurers
engaged in an illegal pursuit, to whom tlie protection of English law should be extended
but scantily, if at all. It is not necessary to remind you. Sir, that these are far indeed
from the facts; that we are, and always have been, law-abiding citizens, desirous to do
nothing which might conflict with the maritime laws of England, the United States, or
Russia, and particularly Df that broader law known as the law of nations; that sealers
as a class are peace-loving and orderly in their conduct, anxious only to earn an
honest living in a straightforward fashion ; and that, in the face of most difficult and
disheartening circumstances, they have ever endeavoured to keep within the provisions
of international law, always at their peril, and too often at their cost.
We are deeply interested to know what will be the attitude of the British Govern-
mcnt next sea-'on, and whether we may safely fit out vessels for the purpose of sealing
outside of Eehring Sea; we are desirous of ascertaining the limit within which ne shall
be protected in the North Pacific Ocean, the Sea of Okhotsk, and the waters on the
Fussian side. In short, we wish to know where we can go, and where we cannot go, as
at present there is great uncertainty on those points. It is of the utmost importance
that we should know cur position before the season commences in January next. Wo
therefore beg that you will endeavour to obtain definitions of limits, and, if possible,
assurances of protection from the British Government, and, for the benefit of all
concerned, cause a telegram to be sent at the earliest possible moment to the Lieutenant
Governor here, stating the result of your action.
"We are deeply conscious that, in making this request, we are asking a good deal.
The great importance of the question to us and ours must be our excuse.
We have, &c.
(Signed) E. B. MARVIN and Co.
HALL, GOSPEL, and Co.
C. J. KELLEY.
ELFORD E. SMITH.
A. D. LAING.
W. AVALKEK.
D. URQUHART.
BROWN BROS.
The Hon. Sir Charles Tapper, Bart., G.C.M.G., C.B., &c..
High Commissioner, Lond(m.
30, 1893.
in the sealing
lich should,
The next
itable delay
it to address
le liberty,
capital been
lary to deal
all of which
ed, hut that
xertidns, arc
catch, which
rifice of our
uncertain in
ngage in it
in Behring
nits are not
of British
oing out of
tal, income,
serious, the
eir families
irse.
No. 3.
The Earl of Rosebery to Sir Ji. Morier,
Sir, ^ Foreign Office, January 18, 1893.
I TRANSMIT to your Excellency herewith copies of letters from the Colonial
Office* relative to a Memorial received from the owneis of scaling-vessels, and others in
Canada engaged in the scnling industry, asking to be informed in wliat waters of the
North Pacific Ocean, especially on the Asiatic side, they will be at liberty to pursue their
fishing operations during the season for which preparations are now being made.
You are aware that the Kussian Government declined to join in the arrangement
come to between Great I3ritain and the United States in 1891, and renewed in 1892, for
the suspension of sealing in a portion of Behring Sea, and Her Majesty's Government
gathered from the language used at that time, and from previous published utterances of
the Russian Government, that Russia made no claim to prohibit sealing in the waters
adjacent to her territories, except within the ordinary and recognized territorial limit of
3 miles from the coast.
But the seizures of British vessels by the Russian authorities in Behring Sea during
the course of last year, at considerable distances from land, render it expedient to arrive
at some definite understanding of the attitude of the Russian Government in this
respect.
I have therefore to request that your Excellency will inform the Russian Government
of the application that has been made by the Canadian sealers. You will state that, in
the opinion of Her Majesty's Government, which they doubt not will be shared by that of
• Nos. 1 and 2.
M I
'■\
RuBiia, tbe nemomBsts ongbt in justice to receive early information as to the limits
within ivhich thej n»*y lawfully and safely pursue their industry.
As at prc^nt advised, Her Majesty's Government propose to inform them tliat the
modus rivendi agreed upon between Great Britain and the United States having been
prolonged dnriog ihc peTtdenoy of the Arbitration on the (juestions in dispute between
those two Powers, fvalin;? will be entirely prohibited during the next season in the waters
affected by ii.»t a^TEcinenf , bnt that outside lliose waters sealing-vcsselswill be at liberty
to pursue their avocation, provided that they are cnret'ul not to infringe the Russian
Regulations, «hirli ^rirtly prohibit the pursuit of seals and other similar animals within
3 miles of the Raf»ian coasts and islands.
Before inakiiii;^ lh» communication, Her Majesty's Government think it right to
inform the Hus«^ian GoTenunent, as a matter of courtesy, and in order to avoid the risk
of misunderstanding:.
They would nvh to receive the earliest intelligence if the llussian Government make
any objection io its tenas and I should be glad therefore to receive a Report from your
Excellency on the sobjeet by telegraph.
I am, &c.
(Signed) ROSEBERY.
No.it.
Sir R. Montr to the Earl of Rosebenj. — {Received January 31.)
My Lord, St. Petersburgh, January 25, 1893.
I liAVE the bonoor to transmit to your Lordship herewith a copy of the note I
nddrtssed to M. CfaicLkiae on the 23rd instant with regard to sealing in the waters of the
N'ottii I'acitic Hceac, in compliance with the instructions contained in your Lordship's
despatch uf the ISth instant.
I have, &c.
(Signed) R. B. D. MORIER.
Inclosure in No. 4.
8ir R. Morier to M. Chichkini,
M. le CoDi-eiller Prive, St. Petersburgh, January 11 (23), 1893.
I HAVE been lEitmcted by Her Majv<?6ty's Principal Secretary of State for Foreign
Affairs to slate Io your Eicellency that Her Maje^ty's Government have received a
Memorial (roiu certain *«altng captains actually engaged in preparations for the impending
scaling season in ihe Behring Sea. These persons wish to be informed what waters of the
North Pacific Oc-eaK are rpen to them for sealing purposes, especially on the Asiatic side,
and within what limits tlney may ccunt y\\> •^ protection. Her Majesty's Government are
of the opinion, which they do not doubt the Russian Government will share, that these
n'.cmonalistB ou^ht in jiiKtice to receive early information as to the limits within which they
nuiy safely pursue their industry.
As at prejent adti»ed. Her Majesty's Government propose to inform them that tbe
rr.odus rivendi asre«i ufron between Great Britain and the United States having been
prolonged during tbe pendency of the arbitration on the questions in dispute between these
two Powers, sealing will be entirely prohibited to their respective subjects and citizens
(luring the lext fcatwn in the waters affected by that agreement; but that outside those
waters sealing resreSs wiil be at liberty to pursue their avocation provided they are careful
not to iufaiige tie Kuastan regulations, which strictly prohibit the pursuit of seals and
other similar aciuak irithin 3 miles of the Russian coasts and islands.
Before making this communication to the memorialists, Her Majesty's Government
tiiink it right to infcnn the Imperial Government as a matter of courtesy, and in order to
avoid tiic ritk of mt^understanding.
Should the Kos>iaa Government make any objection to the terms of this reply.
Her Majesty's Seovlirr of State would wish to receive the earliest intelligence of such
objection, and I would thacfotc beg your Excellency to communicate with me on tbe
-;ubject at your eariixxt poi<Hble convenience.
I avail, &c.
(Signed) R. B. D. MORIER.
s to the limits
No. 6.
them tliat the
es having been
ispufe between
n in tlie waters
11 be at liberty
e the Russian
animals nitbin
nk it right to
avoid the risk
ernment make
port from jour
OSEBERY.
)
nj 25, 1893.
of the note I
waters of the
)ur Lordship's
MORIER.
(23), 1893.
te for Foreign
e received a
lie impending
waters of the
e Asiatic side,
ivernment are
re, that these
in which they
hem that the
having been
)etween these
and citizens
outside those
ey are careful
of seals and
Government
d in order to
f tliis reply,
ence of such
i tut on the
Sir B. Morier to the Earl of Jtosebery, — (Received Ju.viary 31.)
My Lord, St. Petershurgh, January 25, 1893.
I CALLED upon M. Chichkinc to-day, and asked him whether he was in a ])osition
to give me an answer to the note I had addressed to him on Monday respecting the
Memorial addressed to Her Majesty's Government by certain sealing captains, who
inquired what waters of the North Pacific Ocean would be o|)tn to them for sealing
purposes this season. His Excellency suid that he would not be able to do so until my
note had been returned from the Ministry of Domains, which was the Depurlment which
dealt with the question of sealing, and to which it had been sent. He would press its
return, but there could be no doubt what the answer would be. The Russian Government
were not at present raising the pretension of prohibiting seal fishing on the high seas, but
were only determined to stop the resolute and organized attacks made upon the rookeries
within her territorial waters. 1 said that the stiongest warning would be given to British
sealers to abstain from violating Russian territorial waters, and that Her Majesty's
cruizers would be instructed accordingly.
His Excellency stated, incidentally, that he believed that in the case of the sealers
captured last season, it would be found that none of them had been taken illegally, for if
they had been seized outside territorial waters, it was after the clearest proof that they had
just emerged from them. I said this was a matter of evidence in each paiticular case,
which I could not titteinpt to judge; but that from the statements made by the Russian
cruizers themselves, it was difficult to adn)it that the captures were lawful.
I have, &c.
(Signed) R. B. D. MOKIER.
No. G.
The Earl of Rosebery to Sir R, Morier.
Sir, Foreign Office, February 4, 1 893.
1 HAVE received your Excellency's despatch of the 2yth ultimo, forwarding
copy of a note which you have addressed to M. Chichkine on the subject of the li nits
within which sealing in liehring's Sea should be carried on during the approaching
season.
The note which you have aldressed to the Russian Minister on this question is
approved by Her Majestv's Government.
I am, Ike.
(Signed) ROSEBERY.
No. 7.
The Earl of Rosehery to Sir ]{. Morier.
Sir, Foreign Office, February A, 1>03.
I HAVE received your Excellency's despatch of the 2Jth ullimo, recording
a conversation whh M. Chichkine, in which you pressed for an answer to \our inquirv as
to the limits in which sealing might be carried on during the approaching season in tlie
eastern portion of Behring Sea.
The language held hy your Excellency on this occasion is approved by Her Majesty's
Government.
1 am, &c.
(Signed) llOSEBKRY.
MORIER.
No. 8.
Colonial Office to Foreign Office. — (Received February 22.)
Bir, Downing Street, February 21, 1893.
I AM directed by the Marquis of Ripon to transmit to you, to be laid before the
Karl of Rosebcry, a copy of a desj>alch and its inclosurcs from the Govcrnor-General of
Canada respecting the inquiry of the British Columbian sealers as to the limits in the
North Pacific, within which they may pursue their industry during the approaching
season.
As the scalers will very soon be clearing from British Columbia, it is important that
Her Majesty's Government should be in a position to return a reply to their inquiry at
an early date, and I am to suggest that Her Majesty's Ambassador at St. Petersburgh
should be instructed to press for an early intimation of the views and intentions of the
Russian Government.
I am, &c.
(Signed) 11. n. MEADE.
Inclosure 1 in No. 8.
Lord Stanley of Preston to the Marquis of Ripon,
My Lord, Government House, Ottawa, January 20, 1893.
I HAVE the honour to transmit herewith copy of an approved Report of the Privy
Council, submitting a commtmication from the British Columbia Scalers' Association,
inquiring within what distance of the Russian side of the Behring Sea it is permitted to
take seals, together with copy of the reply returned to the Association by t!ic Minister
of Marine and Fisheries.
Your Lordship will observe that Ministers would be glad to know what further reply
Her Majesty's Government would wish to be given to this inquiry.
I have, &c.
(Signed) STANLEY OF PRKSTON.
Inclosure 2 in No. 8.
Report of a Committee of the Honourable the Privy Council, approved by His Excellency the
Governor-General in Council, on the \7th January, 1893.
ON a Report, dated the 11th January, 1593, from the Minister of Marine and
Fisheries, submitting a copy of a communication received from the British Columbia
Sealers' Association of Victoria, British Columbia, an(1 of his reply thereto, relative to
the limit within which Canadian sealing- vessels must not approach the (so-called)
Japanese or Russian side of Behring Sea, the Minister in this connection desires to call
attention to the Minute of Council, dated the 23rd September, 1892, in reference to
a communication from the Sealers' Association, toucliing the recent seizures of Canadian
seal ins: -vessels by Russian cruizerp, and matters connected therewith.
The Committee, (m the recommendation of the Minister of Marine and Fisheries,
advise that your Excellency be moved to forward this correspondence to the Right
Honourable the Principal Secretary of State for the Colonies, with the request that Her
Majesty's Government will be pleased to intimate what further reply may be given to the
questi(m raised by the Sealers' Association. ,
All which is respectfully submitted, for your Excellency's approval.
(Signed) JOHN J. McGEE,
Clerk of the Privy Council.
Appendix I.
100, Goirrnnunt Street, Victoria, British Cdunhia,
Sir, Jnnitary 3, 1893.
IJKFEKRINCJ to our letter of tl:e 8th Septemliur, 1802, in wliich we requested that the ImiHjriul
Governineiit would detine our rights in the so-called Uu8.sian or \ve.stern portion of 15ehrin<{ Sea, and
also afford us armed protection in the e.xercise of those rights, and to your reply of the 16th of the
ioiij
I wll
\viA
pr
iprd
us
prd
ThJ
M
y 21, 1893.
id before the
or-Geneml of
limits in the
I approaching
inportant that
eir inquiry at
. Peterabur^h
intions of the
MEADE.
iinme montli, in which you informed \w that under the Trenty of 1825 between KnsKia nnd Great
I Britain wc were free to pnrHue our voyafjes and Keal-Iinntinjj in tliose wiitcrH, we now liave the honour,
[on behalf of the I'.nti.MJi Columbia Sealein' Aswociation, to brinf; under your notice two parngrapLB
[which have recently appeared in tiie Victoria " Daily ColoniHt" on the Hame Hubj^ct.
We are now otittittiuf,' for the ensuing season's voyage, and as, owing to the American mmliia
\viven(li,vie are excluded from the eastern jmrtion of ]J(?hring Sea, we have no alternative but to
I proceed to the Japanese and ]{ussian side of the sea.
i We would therefore respectfully ask you to say what the limit is within which we must not
'approach .Ta|)anese and ]{ussian territory. Is it 1 leag^u- — 3 nautical miles, or is it .'I leagues —
9 uatitical miles ?
We take leave, at the same time, again most urgently to urge that we may be afforded naval
I protection in tiie exercise of our rights. If not iireventing seizures, it would be a great advantage to
I us that there sliould be disinterested and oHicial witnesses of our imiccedingH, and would at least
[protect us from insult and robbery such as we suflered in 1892.
"We have, &c.
(Signed) .lOHN G. COX,
rrcsidciit. lii-ilix/i Columbia Scah.rs' Axsociation,
(Signed) laCHAKI) HALL,
SecreUiri/, L'ritis/i Columhui Svakra' Association,
JThe Hon. the Minister of Marine and Fisheries, Ottawa,
&c, &c. kc.
From Victoria, Lritibh Columbia, " Duihj Coloni»l" of Jaminrg 3, 1893.
/ 20, 1893.
■ of the Privy
Association,
permitted to
the Minister
further repljr
IIKSTON.
Of Interest to Sealing-men.
Japanese papers received by the Xorthern Pacific liner " Tacoma " contain the following Notice,
Jwbich will be read with interest by all identified with the sealing industry : —
" Masters nnd owners of British vessels are, by instruction of Her Majesty's Government, hereby
[warned that vessels attemjjtiiig to pi'rsue seals 9r fur-otters in the Ilussian territorial waters without
iBpecial licence are liable to seizure and confiscation, and go at their own risk."
Jritish Consulate, Yokohama,
December 10, 1892.
(Signed) JAMES TROUP,
Her Britannic Majesty's Consul
"ixcdlency the
Vlarinc and
1 Cohimbia
rehuive to
(so-called)
sires to call
eference to
[)f Canadian
Fisheries,
the Right
st that Her
fiven to the
Council.
;he Imi)erial
ing Sea, and
Kith of the
Fro7n the Victoria, British Cohnnbia, "Daily Colonist" of Deetmber 14, 1892.
The San Francisco correspondent of the " Fur Tmde Review " (New York) prints the following
Ein the December issue of that well-known trade magazine: —
" That was quite a sensational story which was brought out at Victoria to the effect that Captain
de Lcvron, of the cniizer ' Zabiaka,' the vessel which made nearly all of the .seizures on the Uussiau
E const this year, had been decl.ired insane and relieved of his commission. It wa.s interpreted by some
[of the Victoria sealing men as an effort on Itussia's part to shift the responsibility for the Captain's
[actions, and as a clear evidence of backdown.
"'ihey are in great hojies of receiving compensation from Russia for the seizures made, but it will
tnot be long before they realize that there is no such good luck in store for them.
" In the firet place. Captain de Levron is not insane (as his arrival here a few days ago fully
V established), and he was not removed on account of having made too many seizures, but for the reason
that he neglected his duty in not having gathered in more of the illegitimate hunters.
" It was proven against him that on two distinct occasions he ran into harbour, onee for ten days,
and again for fifteen days, during the height of the sealing season, when the poachers were as thick as
ibees on the forbidden grounds.
"This offence has been considered so great in the eyes of the Russian Government that
)e Levron's commission has been permanently revoked, and he will never again be given command of
»uy vessel sailing uiuler the Russian liag. The Capt<un arrived in tliis city on the steamer " City of
Peking" from Japan, and will go direct to St. Petersbuigh."
The same correspondent also gives the catch of the American sealing-fleet for 1892 as follows : —
Clt]r of S>n Diego
Louii G. OIh'D . .
Hose Sparki . .
E. E. Wubster ..
Active .. a,
Innhoe. . , ,
C. G. Wbita
Sophie Satherlind
Mstter T. Dyer . .
LilliaU
Bowhewl ..
!• ••
• • ••
[395J
553
1,342
457
2,172
41
1,287
988
1.603
1.187
580
1,813
Kmina niiil Ix>iiiM
llniiry IVnnit .•
Knii! ami Aniiio , ,
Lh Nihfa
WilUril Aiiitworlli
Anacoitdu , ,
UnduuiiU-d
Dawn . . , ,
Emmet (nd Felili
Allie I. Alitor
Maritlll
Arocoiiila ,,
Guoric White
C. H. While (iriird).
Cuco , , , ,
8*0 Diego . ,
Tulal
1,009
l,9U0
l,23i
541
SHU
biO
328
128
400
1,712
ISO
700
CO
I
2,oor
-^
S
Appeuilix II.
tliiitlumen, Januani 10, 139.1.
1 hnvo tlio Iinnonr to ncknnwlctli^'o tlio rcooiiit of yniir communication of the .'iiil, in which ymi
refer to yimr lotti-r of tiin ,sth Si'iiteiiilicr, 1892, in which you requested that the Iniiioiiul Goviiriiuieiit
nrould define your riglits in the so-called IJussiun, or western, portion of ISehring Sea.
1 have rend the jiaraKvajihs from tiie " Daily ('olonist " to which you call my nttention, ami I note
that you ])Vopnse lu'ocwMliuf; to tiio Japanese and Rus.sian side of lichniij; Sea, so-called.
'J'ouchini^ the (pie.itioii which you i>ut to me as to what tlie limit is within which you mu.sl not
approach .Tapnne.se or Kiissian territory, I can only say that, while in the opinion of the I'lritisli
tiovornment the exclusive autliority of Japan o.; Uu.ssia extends for .! nautici\I miles from their
respective coasts, I am of tlie o))i-iion that, in view ot ilie disputes now peiidinjj, and the pa.st actions oi'
iluHsiu and the Tnited States, it is inipossihle to ignore the fact that risk attends any .scaling-vesscl
approach ing tl.'^ coasts of H-.issia or .lapan.
1 shall, however, lirinj; your communication to the notice of his Excellency thi^ Governor- Genera I,
in order tliat it may, with your previous letter, be submitted to Her Majesty's Government.
I have, lie.
(Signed) CHARLKS il. TUPrKl!.
John G. Cox, E.sip, President,
Hritish Columbia Sealers' .As.sncialion.
Ilichard Ifall, Esij., Secretary,
r.riti.sh ('oluml)iu .Sealers' A8.socintioii,
No. 9.
Tlie Earl of Itcsehery to Sir TJ. Morter.
4
Sir, Foreign Office, February 22, 1893.
WITH reference to my despatch of the 18th ultimo respecting the limits
in which sealing will be iiermitted in the North Pacific during the approaching season,
I transmit to your Excellency a despatch, and its inclosures, from the Governor-GeneMl
of Canada,* reporting fresh inquiries which have been made by the British Columbia
Sealers' Association on this subject.
Tiie Secretary of State for the Colonies, in forwarding Lord Stanley's despatch,
points out that, as the sealers will very soon be clearing from British Columbia, it is
important that Her Majesty's Government tliould be in a position to return a reply
to their inquiry at an enrly date ; and I must accordingly request your Excellency, in
view of the urgency of the question, to again endeavour to obtain from the Russian
Governmcut some expression of their views and intentions on this subject.
1 am, &c.
(Signed)
ROSEBERY.
■:I
• No. 8.
1,000
1,900
l.SS'i
541
8iO
fiLO
328
128
400
1,712
ISO
;oo
CO
■i3.6'Ji
Xo. 10.
6j>- R, Mortcr to the E'trl of Uosebenj. — (Recelvd Fehrmrij 2H )
My Lord, S'- Petersburgh, Fehruanj 25, 1893.
WITH reference to my dcspaleli of the 25th ultimo, I have th« honour to
transmit to your Lordship hcrewitli n copy of a note I liavo just received from the
Russian Government, in reply to mine of the 11th (23rd) ultimo, on the suhject of
gealin:; in the North Pacific.
I have, &c.
(Signed) R. B. D. MORIER.
nuarii 10, tSOn.
!nl, in which vou
lui'iiil Govurniiifut
ention, and I nute
e.l.
ii li you miisl imt
jii of tho Piiitish
miles from lln'ir
tlio past .actions of
Riiy S('alin;j;-V('ssi'l
rrovcrnor-Gcneral,
umi'iit.
> il. TUPrKR.
try 22, 1893.
ng the limits
aching season,
vernor-Gentjr.'il
ritish Columbia
ley's despatch,
Columbia, it is
return a reply
Excellency, in
m the fiussian
OSEBERY.
Inclosuro in No. 10.
J/. Chuhhine to Sir R, Morler,
Ministire des Affaires Etningercs,
M. I'Ambassadeur, /<• 12 (21) Fdvrier, 1893.
TAR votre note du 11 (2:1) .Tanvier, vous avez bicn voulu ni'informer quo
plusieurs capitaincs do navircs destines n la chasso des otarles dans la Mcr do Behring
ayant demande a 6trc rensoigni'-s sur les limites dans lesquelles il leur serait loisiblo
do prati quel" leur industiie, le riouvcrnement IJritannique sc projiosait do leur repondro
que la chassc aux otaiies vesterait jus(iu'ji nouvcl ordre compl6tement interdite ('ans
Ips limites do la ligiic do dc'marcation couvonuc eii 1891 eiitre TAngleterre et les Ktata-
Unis d'Amcriquc, mais quVUe etait libre en dehors do ccs limites, sauf ies eaux
territorialcs do la lUissie. En meme temps, votre Excellence m'a demando do lui
communiqucr les objections evcMituellcs que le Gouverncraent Imperial pourrait 6tre
dans le cas dc former centre cettc declaration.
Tout en vous remciviant, JI. rAmbassadcur, de cctte demarche dont le Gouverne-
meut Imperial prend acte, jc m'cmpresse de vous informer cjuc la (juestion des mesures
a prendre pour empecber la destruction d(! la race des otaries ayant etc depuis quclquo
temps mise i\ I'etude, j'ai dil attendre les resultats preliminaii-es dc co ti'avail pour
ri'pondre u la note ipic vous avez bien voulu m'adresser.
En abordaut aujourd'hui la question de la cbasse aux otarics, jc crois devoir, avant
tout, faire observer a votre Excellenei- (luc I'iusutlisanco de la stricte applicaticm en
<!ette matiere des regies generales du droit des gens relative aux eaux territorialcs, a et«S
<lemoutres par Ic fait meme des negociations ouvertcs di>s 1887 entrc les trois
Puissances principalement intercssees dans le but do convcnir des mesures spociales et
exceptionnelles.
La ndccssite dc telles mesures a ete, depuis, conlirmee par rentente Anglo*
Amdricaine (Stablie en 1891.
En se prctant a ccs poui-parlers et a cettc entente, Ic Gouvcrucmcnt Britannique a
lui-mcmc admis I'opportunitc d'une derogation cventucUe aux regies generales du droit
international.
TJn point sur lequel il importerait ensuitcd'attirer toutparticulierement IVttention
du Gouverncment Britannique est celui de \r ; n.ation absolument anormale et excep-
tionnellc cr6ee pour les interets Russes pat i . stipulations Anglo- Amerieaines. Au
fait, la prohibition de la chassc dans les limites tracees par le modus vivendi convenu en
1891 a cu pour resultat d'augmeuter la destruction des otarics sur les c6tes Russes dans
unc proportion telle que la disparition complete de cetto race n'y serait plus qu'une
question dc peu de temps, si des mesures de protection efficaces n'ctaient prises sans
retard.
Les chitfres suivauts le demontreut clairement : —
Le nombi-e des otarics ii tuer annuellement etant tixe par I'Administration pro-
portionnellemcnt a leur quantite, les annees de 1889 a 1890, avant I'tjtablissement du
modus Vivendi Anglo-Americaiu, ont donne les chitfres du 55,915 et 56,833, tandis que
I)Our les aundes 1891 et 1892, apr^s I'entente susmentionnee ces chiffrcs sont tomb6 a
30,689 et 31,315. D'autre part, d'aprds les donnces statistiques que le GouVernement
Imperial a pu se procurer, la quantity des peaux d'otaries, de provenance llusse, livrde
par les chasseurs sur le march6 de Londres s'est par contre accrue pendant ces deux
annees dans line proportion infiniment plus considerable. Le uombre des navircs
s'occupant de la chassc et apercus daus les alentours des lies Komandoi-sky ct Tulcncw
[395] •' c 2
10
(ll()l)l)(!ii Tslimd) aurait aiissi auf^montt! coiisitU'«mblcmoiit, soloii los observations
faites par rAdtninistration locale, jics procedcs sauva^es (it illicitos do cos chasseurs
rcssortcnt d'aillours du fait avcn's par Ics suisics cpio plus dc 00 jmur cent dos pcaux
d'otaricspiDportik's par oiix sont colics d'otarios fcincllcs (pii no s'liloif^uoiit j^uc'^rc a uiio
prando distanco dc la c6tc nondaiit la saison d(( la cliass*; ct d')nt la dost met ion cntralno
cello dc Uma lea jietits qucUcs nourrissent. Le nombro d'otarios blossees ou aban-
(lonnces sur la c6to ou dans Ics oaux torritoriah's et retrouvces cnsuitc par les autoritcs
locales constate dgalcment lo caractf^rc destructeur do la chassc.
Dans cot etiit de cboscs, nous nous croyons Jiistilies, M. rAmbassadour, en
cxpriniant notro cnti6ro conQancc quo le (Jouvcrnenicnt Britanniquo admcttra
rursjcnce do mcsurcs rcstrictivcs en attendant, qu'uno rei;lcnientation internationalo dc
la chassp aux otarics puisso 6tro etablio cntro les I'uissancos principalenacnt
intdrossees.
Le Gouvernemcnt Imperial pour sa part n'lu'jsito pas h reconnaltro quo la protec-
tion ne saurait fitre cxercco d'uno mani^rc vraiment eflicaec qu'ii la suite d'uu tel
accord. En consequence il est dis])ose, dt^s a present, ii cntrer dans co but en pour-
parlers avee les Gouvcrnements de la Grandc-Uretagne ct des Ktats-Unis d'AmdritjUC ;
maisil leconnaH en in6me temps la nccessiti'; absoluede mcsures provisoires imm^diates
tant ft cause do la proxiniito dc rouverturc de la saison dc cliasse, quo pour fitrc i\ m6mo
de rdpondre, en temps utile, h la question posdo dans la note do votre Excellence du
11 (2y) Janvier.
A cet effct, ct d'apr6s un examcn apj)rofondi, Ic Gouvernemcnt Imperial a cru
neccssaire d'arri'ter les mesurcs suivantes qui seraient applicablcspour Tannde 1893 : —
1. La chassc aux otarics sera prohibeo j)our tout navire n'ctant pas muni d'une
autorisation spccialc, a une distanco de 10 milles Ic long do tout lo littoral appartenant
k la Kussie.
2. Cette zone prohibeo 'sera dc 30 milles autour des lies Komandorsky et TuWnew
(Robin Island) scion les cartes oflleielles Russcs, co qui implique la ferracturc
pour les navires s'occupaut de la cliasso aux otarics du d(5troit entro les Ilea
Komandorsky.
Ces mesurcs seraient justifiees en co qui concerno ' no do 10 milles le long du
littoral par ce fait que les navires s'occupaut de la aux otarics stationnent
y6n6ralement li une distance de 7 a 9 milles dc la c6tc, i,c...ais que lours chaloupes ct
leur d(juipage se livrent i\ la chassc tant sur la cAtc mfime que dans les eaux
territorialcs ; aussitfit qu'nn croiseur est signals au loin, les navires prennent le large,
et tiUchent de rappeler leurs cmbarcations on dehors des eaux territorialcs.
Pour ce qui concerno la zone de 30 milles autour des lies, cette mesure est motiveo
par la ndcessitd de proteger les banes designds par les chasseurs sous le nom de
" sealing grounds " qui se trouvent autour des lies et no sont pas sutTisamment prdcisds
sur les cartes. Ccs bancs servcnt dans certaincs saisons de station aux fcmelles dont la
chasse est particuliftrcment destructive pour la race des otarics h I'dpoquo do I'anndc
oh les fcmelles nourr'sscut leurs j)etits ou vont leur chercher la nourriture sur les bancs
dit " sealing grounds."
En vous priant, AI. rAmbassadour, do porter ce qui prdc6de ^ la connaissancc du
Gouvernemcnt IJritannique, je crois utile d'insister sur lo caract6rc essenticllement
provisoiro des mesurcs susmcntionndes, qui sont arrfitees sous la pression de circon-
stances exccptionnclles, pouvant 6tre reconnues commo un cos de force majeure et
assimilt^s aux cas de defense legitime.
II n'entre, bien entcndu, en aucune fa9on dans I'intention du Gouvernemcnt
Imperial de con tester les r6gle8 gdniSralcment ree;nnues quant aux eaux territorialcs.
Dans sa pensec, loin de porter attcinte ii ces principes gdndraux du droit des gens, les
mcsures qu'il croit ndcessaire de prendre doivent, au contraire, les confirmer commo
I'exception confirme la r6gle.
Le poids des arguments ci-dcssus dcveloppds n'dchappera certainemcnt pas ji
I'apprdciation dclaircc du Gouvernemcnt Britanniquo, et j'ai la forme confiance qu'il
ne 80 refusera pas de prendre relativemcnt aux navires Anglais destinds k la chasse des
otarics des dispositions conformcs aux mesurcs que le Qouvemement Impdrial se propose
do prendre pour I'annde 1893.
De son c6td, le Gouvemcment Impdrial ne manquera pas de donnor h ces mesures,
en temps utile, la publicitd qu'elles comportent.
En outre et alin de prdvenir dans la mesuro du possible, dea malentendus et des
contestations en cas d'infraction aux mesures provisoires ci-dcssu9 ainsi qu'aux regies
gdndrales du droit des gens, les croiseurs de la marine Impdriale aussi l)ien que les
autoritds locales seront munis d'instructions prdcisos ddfiuissaut nettement les cas ou
1
I
cs observations
lo CCS clinsseurs
cent (los peaux
cat i^ut'tti a uiic
•iiction cutralno
I'ssces ou aban-
)ar Ics autoritcs
inbassmlcur, en
liquo admottra
itcrnationalc dc
principalcmcnt
3 que la protcc-
suito (1 im tel
cc but en pour-
is d'Amcriijue ;
ires imniediatcs
ur fitrc i\ m6mo
Excellence du
Imperial a cru
annce 1893 : —
IS muni d'uno
'al appartcnant
iky et TuWncw
I la ferracture
cntrc les Hub
iUcs le long du
ics stationnent
} chaloupcs et
dans Ics eaux
inent Ic large,
>s.
ire est motiveo
s lo nom do
imcnt prdcis^
melles dont la
uo do I'annde
! sur les bancs
nnaissancc du
sentiellement
on do circon-
e majeure et
ouvernemcnt
territoriales.
des gens, les
irmer commo
;mcnt pas ]\
)nflanco qu'il
la cbasse dcs
ial se propose
ccs mesures,
Bndus ot dcs
u'aux regies
)ien que les
it les cas oil
-\'
SI
lo droit dc ponrsuitc, do visito cL dc suisio dcs navircs en contravcntioji devrait etro
CXOlCi'.
Coinmo il a vl6 avcro f|iio tout on so t(;nnnt en dcliors des eiux territoriales et
qu-lcpierois nieme h mw distineo depassant les 10 niillcs, Ics navires dcstinds au
traflc des otaries envoi(!iit une partie di; leur eriuipngo et leurs elialoupes sur la c6to
nienie dans les eau\ teiritoriales ou a proxiniitc'', il sera prescrit par les instructions
susmcntionnees dc pnursuivrnet d(> sounicttro i\ la visitc tout navirc dont les cmbarci*
tions ou Tequipaijo aiiniiit 6te nper9us ou saisis sc livrant a la chasso aux otaries sur la
c6tc ou dans la zone jn'oliibco par los mesures provisoirea pour I'aiun'ic 1893.
Uno forte jjresoinptiou resultant du fait memc do la presence d'embarcations pr^s
(le la cftte ou dans la zone i)r()bil)(5o lors memo qu'au premier abord il aurait 6t6
impossible de eonstater si ees embarcatious se livraicnt ou non a la cbasse dcs otaries ;
il sera loisible di; ])oursuivro et de soumettrc a la visito les navircs auxqucls a|)partien-
draient ccs embarcatious.
La saisic sur les navires sniunis i\ la visitc d'instrumcnts spcjcialcmcnt employes
pour la cbasse dos otaries sur la cftt(! memo aiusi que des peaux d'otaries dont la plus
grando partie seraient eelles de femelles coustituerait des pn'somptions suflisantes pour
la saisie du navire, attendu (pio les otaries femelles no s'eloignent gm^ro du rivagc Ji
])lus dc 10 milles {h I'execptiou dcs bancs situcs autour dcs lies) pendant la saison oil
ellcs nourrisscnt leiu's ju'tits.
En informant les capitainca des navires Anglais destines ii la cbasse dcs otaries
des mesures provisoires arret ces pour I'annee 1*593 Ic Gouvcrncmcnt Ikitannique
jugera ])eut-elre utile (1(> leur faire connaitrc egalemcnt la tcncur somraaire des
instructions dont les croiseurs llusses seront munis, on ajoutant que lo droit do
surveillance sera egalemcnt eontio aux navires de la cAto sur Ic grand m(it dcsquels lo
Gouvcriicur des lies Komandorsky bisscra Ic pavilion Douanier dc la llussio lorsqu'il
sc trouvcra ii bord dans rcxercicc dc scs fonctions.
Vouillcz, (fee.
(Signe) CniCHKINE.
%
(Trauslatiuu.)
M. I'Ambassadeur, Ministry of Foreujn Affairs, February 12 (2't), 1893.
IN your note of tbc lltb (2;Jrd) Jaiuiary, you Averc good enough to inform mo
tbat several captains of vess;'ls destined for tiic sc.il lisbery in Pcbring Sea bad asked
for information as to llie limits within which they would ho permitted to carrj' on
their industry, and that Jler ^Majesty's Government proposed to reply to them that
until further notice sealing would remain entirely prohibited within the line of demar-
cation agreed upon in 1891 by Great Ibitain '.nd tiie United States of America ; but
that it might be freely carried on beyond that line, except within the territorial waters
of Russia. Your liXcolleney requested me at the same time to communicate to you
any objections wbicih tbc Imperial Government might find it necessary to make to
this announcement.
■VVbilc thanking you, ^l. I'Amluissadeur, for this action, of which the Imperial
Government takes note, I hasten to inform you that the (piestion of the measures to
be adopted to prevent tlie destruction of the seal species has boon under consideration
for some time past, and that I liavc been obliged to await the preliminary results of this
investigation before replying to tbc note wbich you were so good as to address to me.
In approaching, on the present occasion, the question of tbc seal fisheries, I must
first of all point out to your Excellency that the insulTicicncy of tho strict application
to this matter of the general rides of international law respecting territorial waters
has been proved by the mero fact that negotiations were commenced in 1887 between
tbc three Powers principally conccrritd, with the object of agreeing up.iu special and
exceptional measures.
The necessity for such measures has been more lately confirmed by the Anglo-
American Agreement of 1891.
Iler Majesty's Government, by taking part in these negoi*- ,ions and in this
Agreement, have themselves admitted the propriety of a possible departure from tho
general rules of international law.
A further point to which it would seem important to call tho special attention of
Her Majesty's Government is tbc absolutely abnormal and exceptional position in which
Russian interests are placed by the stipulations of the Anglo-American Agreement.
The prohibition of scaling within the limits agreed upon in tho modus vivendi of 1891
has, in fact, caused such an increase in the destruction of seals ou the Russian coast,
12
I
1'
that the complete disap^ioamnoo uf theso aiiiiimls would ho only n question of a short
time unless efficacious measures for their protection wore taken without delay.
The following figures clearly show this : —
The numher of seals to be killed annually is lixed oy the Administration in
proportion to tho total number of seals. In the years 1889 and 1890, before the
establishment of the Anglo- American modus rivcndi, the catch amounted to 55,915 and
56,833, while for the years 1891 and 1692 (after the above-mentioned Ajjreemenl) tho
figures fell to 30,689 and 31,315. On the other hand, according to the statistical
informati >n which the Imperial Government has been able to obtain, the quantity of
seal-skins of Russian origin delivered by the sealers to the London market, increased
during those two years in an infinitely greater proportion. According to tlu; observa-
tions made by the htcal Adn^inistration, the number of A'cssels engaged in scaling and
seen in tho niighbourhood of the Coniniandor Ishinds and Tulenew (llobben) Island
has also increased considerably. The barbarous and illicit proceedings of these sealers
arc also proved by the fact, rstablishcd by seizures, that more than 90 per cent, of the
seal-skins carried away by them are those of female seals, who are hardly, if ever,
found far from the shoi-o during the sealing season, and whose destruction entails that
of all the young which they are suckling. The destructive character of the fishery is
also shown by the number of ocals wounded or abandoned on the shore or within
territoiJai waters, and afterwards found by the local authorities.
Under these circuuifitanoed, we think ourselves justified, Al. I'Anibnssadeur, in
expressing our o.itiro confidence that Her ]\ra)esty's (iovernmeut will admit the urgent
necessity of restrictive measures pending the establishment of international seuliug
regulations between the Powers principally concerned.
Tl'" luperial Govjrnraent on their side do not hesitate to recognize tho fact that
proteCv. ^ cannot be carried out in a really satisfactory manner unles'- »i, is preceded
by some .such agreement. Accordingly, ilii'y a>'e disposed lo enter i^.to ne-.^otiations at
once with the (governments of Great Britain and of the Tnited .States of America ; but
they recrgnir.e at the same time th(? absolute necessity of immediate provisional
measures, both on account of the .lear approach of the sealing season and in order to
be in a position to reply in good time to the (juestion contained in your Excellency's
note :-: tho llth (23rd) January.
Will: this object, and after thorough investigation, the Imperial Ci vernmcnt
has thou£,at it necessary to decide on the following measures to be in force during the
yearl8€3:—
1. No ship unpTOTided with a special authorization shall be perniilted to hunt for
reals within a distance of 10 miles along all the coast belonging to llussia.
2. This prohibited zone shall oe 30 miles wide around tlie Conunander I.-^lands
and Tul(Snew (Robben) Island according to the ilussian ofiioial maps, which implies
that the passage between the Commander Islands will be closed to vessels engaged ia
sealing.
With regard to the 10-mile zone along the eoast, tlicso ni sures w'11 be justified
by the fact that vessels engaged in the seal fishery generally take up posit ioi\s n.t a
distance of from 7 to 9 miles from the eoast, whilo tlieir boats -ind crews eni^^age in
sealing both on the coast itself aiul in territorial waters. As .soon as a eruizcr is .sii,'hl'"J,
the ships take to the open sen and try to "ceall their boats from tenltorial watt in.
AVith regard to the 30-nule zone around the islands, this measure is taken with
a view to protect the 1)anks, known by the sealers as *' sealing grounds," Avhieh extend
roiuid the islands, and are not sliown with sufiieit.'nt ae»;uracy on maps. TIickc
banks are fretjiu-nted during certain seasons by the female seals, tie killing of Vihieh
is particularly destructive to tho seal species at the time of jear when the females
are suckling their young, or go to seek food on the banks known as " sealing grounds.'*
While retpiesting you, M. rAmbassadeur, to bring the foregoing considerations to
the knowledge of lier Majesty's Government, I think it importntit to insist on the
essentially provisional ehamcter of tijo above measjires adopted under i>ressure
of exceptional circumstances which may be regarded as a case of force tmijntre, and
analogous to cases of legitimate self-defence-
It docs not, of course, enicr r.t all into the intention of the Imperial (lovernment
to dispute the generally vecoenizcd rules with res|K'et to tenilorial waters. In their
opinion, for from attteklRg these general principles of international law, the measures
wbiob they think nccc;. ,ary to take must bo regaiiled as confiruiing them, as the
exception proveK the rule.
The lorce of the orguraenUt scl tbrth aljove will <>ertain1y not escape the
enligUiened appreciation of Ilcr Majesty's Gcvcrnmcut, and 1 am firmly convinced
m
astioii of a sliort
it delay.
Imi lustration in
890, before the
(1 to 55,915 and
Igrceinent) the
) the statistieal
the quantity of
ivrkct, increased
to th(? o1)serva-
i in sealin*,' and
lloI)ben) Islaud
of these sealers
|u'r cent, of the
hardly, if ever,
ion entails that
if the fishery is
iiorc or within
inhassadeur, in
niit tlie urgent
a(ion:d scaliujj
n the fact that
.1 is jireccded
le^jotiations at
Ainorica ; but
te provisional
lid ill order to
r Excellency's
Govornmont
cc during the
d to hunt for
iiidi'i- Islands
vliidi implies
Is enifagc-d ia
11 lie justified
lo.'sitions r'.t a
vs oni,'a<,'e in
'.er is Nii,'lil'\I,
wnii'i-s.
s taken ivitli
ilnVh extend
laps. These
n\' of whieh
the females
ly tri'ounds.'
iderations to
nsist on the
hi' i>re8sure
mnjture, and
[lovernnicnt
s. In their
lu; uieneures
lein, as the
esc«[)e the
r couviuced
that they will not refuse to take stops with regard to the English sealingf.vessels, in
accordance 'ivith the measures which the Imperial Government propose to take for the
year 1893.
On their side, the Imperial Government will not fail to give io <^ese measures, in
good time, the publicity which they require.
Besides tliis, and in order to prevent as far as possible any miv>underst&nding8 and
disputes in case of infraction of the abovcf provisional meaaut'es, as well as of the
general rules jf international law, the cruizers of the Imperial Government and also
the local authorities will receive precise instructions, clearly laying down the cases in
which tho right of pursuit, of search, and of seizure of offending vessels should bo
exercised.
As it is affirmed that the sealing-vcs.se)s, while themselves i-emaining outside
territorial watei-s and sometimes more than 10 miles from shore, dispatch a portion
of their crews and their boats to the coast, and within, or very nearly Avlthin,
tciTitorial waters, the above-mentioned iiistructions will prescribe the pursuit and
search of all vessels whose 1. lats or ercws shall have been observed or seized while
sealing on tlu; coast, or within the zone i)rohibited by the provisional measures for
1893.
As a strong presumption results from the mere fact o" the presence of boats near
the coast or within the jirohibited zone, even wlien it has been impossible at first to
decide whether these boats were engaged in sealing or not, it shall ba permissible to
pursue and search t'le vessels to whieh such boats belong.
The seizure on board vessels thus searcluxl, of special implements employed
in sealing on shore, as well as of seaUskins the greater part of which are those
of I'einales, will constitute sufiicient grounds for the seizure of the vcs-sel, in
view of the fact that the female seals, during the season of suckling their young,
mrely, if ever, depart further than 10 miles from the shore, excepting on the banks
around the islands.
When informing the captains of English sealing-vessels of the provisional measures
drawn up for the y»?ar 1893, Her Majesty's Government will perhaps think it advisable
to communicate to them likewise a summary of the instructions which will be given to
the llussian cruizere, and to add that the right of surveillance will also he given to
vessels belonging to the coast on t!ie mainmast of which the Governor of the
Commander Islands hoists the llussian Custom-house flvtg when he is on board in the
discharge of ids duties.
Accept, &c.
(8igne<l) CHICITKINE.
No. 11.
The Marquis of Ripon to Lord Stanley of Pretton.—~{Received at Foreign Office,
Marc's 3.)
(Tclographic.) Downing Street, March 3, 1893.
IIEll Alajpsty's Government desire you to acquaint Collectors of Customs at
British Columbian ports, that Her Majesty's Government have received proposal
from Russian Government for establishment of protective zone round islands and
coasts of Russia, and that :liey should warn scalers clearing for North Pacific to
arrange for asecTtaining provisions which may be ogreetl tc before proceeding to
neighbourhood of Russiii . territory.
No. 12.
The Earl of Rosebery to Mr. de Bunsen,
(Telegraphic.) Foreign Office, March 10, 1898.
NORTH Pacific sealing.
The Russian Government have proposed to Her Majesly's Government the establish*
ment of a zone round their coasts and islinds for the protection of seal life. Steps
should be taken by you to warn British scalers clearing for North Paci6c from Japanese
ports that, before proceeding to neighbourhrod of Russian territory, they should take
measures for ascertaining provisions which ni. be agreed to on this subject.
u
■■■■'■■:■■ No. 13.
The Earl of Ifoseherij to Sir K. Morici:
(Telcjjraphic.) Foreign Office, March 13, 1803.
I HAVE to state to your Excellency tlint information lias been given to tlic
Collectors of Customs nt ports in British Columbia of a proposal having been matle to
ller Majesty's Government by that of Russia fur tlie cstal)lisiiment of a protective zone
round ihe coasts ami islands bcliuiging to that I'ower.
The Collectors of Customs have l)ccn instructed to worn scaling-vcsscls clearing for
the North Pncific that they should make arranj-emenfs, before they proceed to tlie
vicinity of Russian territory, to ascertain what provisions may be agreed upon between
the two Governments for carrying the Russian i)roposal into effect.
-\h the sealing-vessels are starting lor their cruize in the more aouthcrly portions of
the North racilic Ocean, and do not return to jmrt before they proceed in tlie summer
to 13ehring Sea, it was necessary that sonic warning should be given to the above
effect.
A warning in the same sense will also be conveyed to sealers clearing from Japanese
porti) by Her Majesty's Charg(5 d'Affaires at TokiA.
A reply to M. Chichkine's note of the 12th (24th) ultimo is under the consideration
of Her Majesty's Government, and 1 hope shortly to be ablo to send it to ou.
I
No. U.
The Earl of Rosehery to Sir R. Morier.
Sir, Foreign Office, March 17, 1503.
HER 3i[ajcsly'8 Government liave given their most careiul consideration to the
note of M. Chiehkine of the 12tli (?4tli) ultimo, inclosed in your Excellency's
despatch of the following day, and stating the measures which the Russian
Government deem necessary for the prf tection of their sealing interests in the North
Pacitic during the approaching lisheiy season, and which are submitted to Her
■Majesty's Government for consideration with a view to their aeceptanee.
Those measures consist in —
1. The proliibition of sealing to vessels not specially authorized within a zone
of 10 miles front the Russian coast.
2. The extension of this prohibitive zone to a distance of 30 miles round Robbcn
Island and the Commander Isla.ids.
Eor the jmrposeol" securing the due observance of these restrictions, it is proposed
that the Rus:<ian ckaizers should ho authorized to pursue and seize all vessels whoso
boats or crews have been found fisliing for seals within the prohibited limits, and
further to pursue and search any vessels whose boats have been seen within those
limits whether actually employed in seal liunting or not. In the latter case the
presence on board of instruments specially employed in seal hunting or of seal-skins,
the majority of which arc those of females, is to be held to afford suflicieut
presumptive evidence to justify seizure.
ITer Majesty's C'overnnienl take note of the statements made in M. Chichkine's
note, that the Russian Govcrnnicnt have no intention of disputing the generally
recognized rules of international law as to territorial Avaters, that these measures, of an
exceptional and provisional nature, are designed to meet a jiressing emergency, and
that Russia is desii-ous of eiilering at once upon discussions with the Governments of
Great Britain and the United St'ites with a view to an agreement between tliti Powers
principally interested for the projjcr control of the sealing industry.
"NVhile ller Majesty's Government have not committed themselves to a decided
opinion as to the absolute necessity of any particular class of regulations for the
prcEervatlou of the seal species, they have inor(> than once expressed their willingness
to take part in the framing of a general scheme for the protection of the seals which
shall have duo rcganl to the various interests concerned.
They quite recognize that the provisions of the modus viiendi agreed upon between
Great Uritain and the United States tends to drive the sealing-vesscla of both those
nations, which have been accustomed to resort to the eastern part of Beliring Sea, to
the waters adjacent to the llussi&n coasts, ond the reduced number of si'als which it
IV
rch 13, 18ft3.
n given to tlio
', been mack' to
protective zdiio
ids clearing for
proceed to the
1 upon between
crly portions of
in tlie summer
to the above
from Japanese
B consideration
you,
rh 17, 1S03.
oration to tlio
Excollency's
the Russian
in the North
lilted to llor
'ithin a zone
>und Robbcn
t is proposed
•essels wlioso
limits, and
within those
tor case the
f seal-skins,
d sulTicieut
has 'w'«n deemed advisable to take on the Russian rookeries in 1892 is, undoubtedly,
«^videncc that, according to the observation of the local authorities, a substantial
decrease has occuiTed in the seals frequenting those rookeries.
Her Majesty's Government could not admit that Russia has therefore the right to
extend her jurisdiction over British vessels outside the usual territorial limits, but they
arc anxious to afford all reasonable and le';itimate assistance to Russia in the existing
circumstances. They are ready to enter vt once into an agreement with the Imperial
Grovernment for the enforcement of the protective zones proposed in M. Chichkine'a
not<; on conditions similar to those of their modus viveudi with the United States,
which it will be observed are of a reciprocal character. The terms of the agreement
would be as follows : —
Her Majesty's Government would issue the necessary enactments prohibiting
British subjects from soal fishing within the zones specified by M. Chichkii ■, and
would instruct the Commanders of British vessels of war cruizing in the North
I'aciiic to co-operate with the Russian cruizers in enforcing the prohibition. The
Russian Government would engage to hand over to the British cruizers, or to the
uoarost British authority, any British vessels seized by Russian cruizers, outside the
;}-inile limit, for infraction of the Regulations, in order that such vessels miglit be duly
iidjiKlicatod on hy the British Courts. The British naval officers would similarly
hand over to the Russian Government any Russian vessels so seized by them.
The Russian GovernnKMit would farther engage that the number of seals to be
killed on the Russian seal islands should be limited to a certain specified number to
b<i as^roed upon beforehand, or to a certain proportion, to be equally agreed upon, of
tn(* total number of seals estimated to have resorted to the islands in the season.
'J he Russian Government would further allow an Agent of the British Govern-
niont to land upon the islands for the purpose of consulting with tl.e Russian authorities
on the workmg and observed results of the arrangement.
If these projK)sals should, as I hope, he agreeable to the Russian Government,
I should be glad to learn at the earliest moment their views as to the limitation
wliii'li tlipy would agree to place on tlie number of seals to be killed on the i' lands.
The IN'porls of the British Commissioners as to the care that, as a rule, hn /lereto-
fore l)een taken to prevent any excess in this respect on the Komandorski Islands,
lead iiic to believe that there would be no difficulty in arriving at an agreement on
this point.
(lie leifislation at present in force in this country only enables Her Majesty's
(Jii)vcTiiTuent to enact the contemplated racaMires in the waters of Behring Sea, but
in the event of an agn iit licmg coiichided between the two Governments, Her
Majesty's Government at (mce apply to Parliament for the necessary powers
to extend its provisions to s u "ther portions of the Nortli I'uiuc as would be afTectt^d
by it. They would also \tc ready tonneert with the Russian Government as to the
precise instructions to be furnished .u the Commanders of the cruizers of the two
nations. They think it better to reserv until theii any criticisms of detail upon
souk; (if the Russian proposals in this respect.
Her Majesty's Government assume that this arraiiije -nt does not in any way
affect (he facilities hitherto enjoyed by British vessels wiien resorting to Russian
jrnrts I'di- shelter, repairs, and supplies.
It would of (iourse aI.so be understood th:i the arrangement would have no
retroactive effect, and that the cases of tla Britisli vessels seized last year will be
considered and dealt with according to the ordinary Uules of international law.
In view of the fact that the sealing-vessels are aln ly starting on their voyages,
Her Majesty's Government have caused a notice to issued at once at the portjs of
British Columbia, warning the owners and masters of such vessels that negotiations
on this subject are in progress.
Your Excellency will read this despatch to M. Chichkine, and leave a copy of
it with him.
I
(Signed)
I am, &c.
R08BBBRY.
[395]
16
No. 16.
Colonial Office to Foreign Office. — {Received April 5.)
i.i ,'l: ' 'j'K'J'
Sir
Downing Street, April i, \893.
VV ITH reference to previous correspondence, 1 am directed by the Secretary of Stale
for the Colonies to transmit to you, for the information of the Earl of Rosebery, a copy of
n despatch, and its inclosures, from the Governor-General of Canada, respecting the issue of
a warning notice to sealers clearing for the North Pacific, ' ' • •
I am, &c.
(Signed) R. H. MEADE.
, Inclosure 1 in No. 16.
Lurtl Stanley of Preston to the Marquis of Ripon.
My Loi.l, Oovernment House, Ottawa, March 14, 1893.
WITH reference to your Lordship's telegram of the 3rd instant, requesting that
scalers clearing from British Columbian ports for the North Pacific should be warned that
ller Majesty's Government had received a proposal from the Russian Government for the
establishment of a protective zone round the islands and coasts of Russia, I have the
honour to inclose copy of an approved Minute of the Privy Council, from which it will be
learned that a Circular letter embodying the substance of the telegram in question has
been addressed to Collectors of Customs in British Columbia.
I have, &c.
(Signed) STANLEY OF PRESTON.
Inclosure 2 in No. 15.
liffioit of a Committee of the Honourable the Privy Council, approved by his Excellency the
Gorernor-Gen'^-al in Courcil on the ]3th March, 1803.
TIIK Committee of the Privy Council have had under consideration a telegram,
hereto attached, dated the 3rd March, 1893, from Lord Ripon, requesting that Collectors
of (\istonis in British Columbian ports be advised that Her Majesty's Government have
received u proposal from the Russian Government for the ct lablishment of a protective
zone around the islands and coast of Russia, and that they should warn sealers clearing for
the North Pacific to arrange for ascertaining the provisions which may be agreed to before
proceeding to the neighbourhood of Russian territory.
Tiie Minister of Trade and Commerce, to whom the matter was referred, states that
he directed the issue, through the Customs Department, of a Circular letter to all
Colleetors of Customs in British Columbia, copy hereto attached, embodying the substance
(if the telegram in ipiestion. m*iMM|^
The Committee advise that your Excellency be moved to forward a copy hereof to^the
Higiit Honourable tin Secretary of State for the Colonies.
All of which is respectfullv submitted.
(Signed) JOHN J. McGEE,
' ' ' Clerk of the Privy Council,
.-(■;'
Inclosure 3 in No. 16.
The Marquis of Ripon to Lord Stanley of Preilon.
,iS\HnHtOn (iw(r»lii [See No. 11.]
, '1
lit it ,1 ;
ro€'f
i"r
Ipril 4, 1893.
sretary of State
;bery, a copy of
ting the issue of
H. MEADE.
rch 14, 1893.
requesting that
be warned that
srnment for the
sia, I have the
which it will be
in question has
PRESTON.
( Excellency the
m a telegram,
that Collectors
vernment have
of ii protective
ers clearing for
jreed to i>efore
-ed, states that
p letter to all
; the substance
y hereof to^the
E,
•ivy Council.
4 1l
Inclosure 4 in No. 15.
Memorandum. ^ ''' ' '■ '
• . M.JJ
IN accordance with a request Uoxu the Right Honourable the Secretary of State for
the Colonies, I have to acquaint you that Her Majesty's Governnaent has received a
proposal from the Russian Government for the establishment of a protective zone around
the islands and coast of Russia. You w?(l therefore warn masters of all sealing-vcsseU
ckaring for the North Pacific to arrange for ascertaining the provisions which may
be agreed to by the two Governments before proceeding to the neighbourhood of Russian
territory.
(Signed) N. C. WALLACE.
Department of Customs, Ottawa, '< • •
March 6, 1893.
To Collectors of Customs, -. i i t
Ports in British Columbia. ^"tatifiii
No. 16.
Colonial Office to Foreign Office. — (Received April 8.)
Sir
Donning Street, Apn! 7, 1893.
WITH reference to the letter from this Department of the 4th insttmt i-espccting
the steps taken by the Government of Canada to inform Canadian scalers; of the
proposal of the Russian Government for establishing a protective zone round the ooast^s
and islands of Russia, I am directed by the Marquis of Ripon to transmit to you, for
the information of the Earl of Rosebery, a copy of a further des^tatoh from tho
Governor-General of Canada, with it« inclosures, on the subvert.
I am, dec.
(Signed) .TOHN BRAMSTON.
Inclosure 1 in No. 1(>.
TjOrd Stanley of Preston to the Marquis of Ripon.
My Lord, Oovernmeht House, Ottawa, March 20, 189.'?.
IN continuation of my despatch of tho 14th instant, notifying your Lordship of
the steps taken by this Govcrumeuf to inform Canadian sealers of the proposal of the
Russian Government for establishing a protective zone round the coasts and islands of
Russia, I have the honour to forward copy of a further approved Minute of the Priry
Council, detailing additional measures which have been taken to give publicity to this
proposal, and submitting a list of Canadian vessels which have already cleared from
Victoria for thopiu'posc of scaling in the North Pacific.
I have, &c.
, _ (Signed) STANLEY OF I'HlvSTON.
■f.)
Inclosure 2 in No. 16.
Report of a Committee of the llonourahle the PnVi/ Council, approved by his E.rcpllency ihe
Governor-General in Council, on the \7th March, 1893.
ON a Report, dated loth Mareli, 1893, from the Minister of Trade and Comraorce,
submitting, M'ith reference to the telegraphic despatch, co})y of which is attached for
convenience of reference, of the 3rd March instant ,from the Marquis of Ripon, advising
that Her Majesty's Government had received a proposal from the Russian Government
for the establishing of a i)rotoctivc zone around the islands and coast of Russia, and
asking that Collectors of Customs in Rritish Columbia should warn sealers for the
North Pacific accordingly, a copy of a letter received on the 13th ^larch instant
from tho Collector of Customs at Victoria, British Columbia, bearing date the 1th March
instant, in which ho states (referring to the scaling fleet) th at the vessels all olearod
early this season, fifty-one having cleared prior to writing, of which twenty-four
cleared for tho North Pacific and Japan, and twenty-seven for the North Pacific,
leaving at that time hut two in port. '
[896] D a
■!5^
18
'1 ho Minister states that the Collector of Customs at Victoria, British Culuinbin, was
thereupon further in^trocted by telegraph of the 14th March instant, as i)cr copy here-
with, 1<) delirer a copy of the Controller of Customs telegram of the 7th March instant
to the l'n*ij<lent of the Scalers' Association, so that those interested might understand
the resiionHbility inTolred in any non-observance of the warning, and the Colh^tor
answered under tame date, as per copy also herewith, which came to hand this day.
that owners had been giren copies of the Controller's telegram, and that cojiies had
been sent to the vest coa^t, and that publicity had been given through tb«> ])i-ess, but
that copies had nrjt jet been sent vi^ Japan.
Tlie Committee. OD the recommendation of the Minister of Trade and Commerce,
advised that your Escellency be moved to forward a certified copy of this Minute,
together with oopie* of the telegrams and of the letters referred to, nud its
accompauying li«t of Ti-ssels, to the Right Honourable the Secretary of State for th'-
Colonies, for the information of Her Majesty's Government.
All ubic'h i*. n<«peftfullr submitted, for your Kxcellency's approval.
(Signed) JOHN J. McGEE,
Clfrk of the Privy Council.
Downing Streel,lMarch -i, ^*i9'^.
Her Majesty'* Goremmt-'nt desire you to acquiiiut Collector of Customs at Uritisli
Columbia ports that Her Majesty's Government have received proposal from Ilusiian
Government for eslabUsbment of protective zone round islands and coast of Russia,
and that be should warn s«^ers clearing for North Pacific to arrange for astrrtuining
provisions which mar he agreed to before proceeding to neighbourhood of Russian
territon-.
(Signed) RIPON.
March U, 1893.
L«*tterB of 4tb iu»tant re sealers received.
l^eliver copy of Controller of Customs' telegram of 7th instant to PresiJent of
Sealers' Aesodatkn, to that those interested may understand t he res ponsibility iuvolvcd
in any non-^tljeerruice of the warning. ,^^__J
(Signod) M. BOWELL.
A. B. Milne, Esq., Collector of Customs,
Victoria. B.C.
Victoria, B.C., March , 1893.
Owners given ooyies of Controller's telegram of 7th instant. Copies sent to west
coast ; also everv pubiicitT given in press. Has not yet been sent Ti& Japan.
(8igne<l) ^ A. R. MILNE
Hon M. BoweU,
Minister of Trade and Commerce,
Ottava.
Sir, Customs, Canada, Victoria, B.C., March 4, 1893.
I have tlie honour to forward herewith a statement giving the names of vessels,
date cleared, names of masters, &c., of the sealing fleet, 1803, which have left port tlib
spring.
1 beg to state that the vessels all cleared early, few vessels having been added to
♦ he number this year, and none, so far, have come round Cape Horn from the eastern
pfAvinces. . i
Id
1 Culuinbia, wa.s
j)or copy iicre-
Mareli instant
l^lit understand
[i the Collector
hand this day.
hat ci>])ies liad
1 th«' jii-ess, hut
lud Commerce,
»f this Minute,
1 to, nnd its
State for th-
A number of American schooners have gone from San Francisco to Japan water,
and I fear that the large number of vessels there will incite the Japanese to harass
their operations for protection of the industry, which I understand is leased by the
Japanese Government to Companies.
There is no doubt but that all our vessels will observe the modus vivendi this year,
and no attempt will be made to enter Behring Sea eastward of the line of demarcation.
I have, <kc.
• (Signed) A. R. lAlLNE, Collector.
W. G. Parmelee, Esq.,
DeputyMinister of Trade and Commerce,
Ottawa.
'rivy Council.
arch .{, 1*503.
toms at Britisli
from Kussian
>ast of Russia,
)r ase<'rtaining
)od of Uussiaii
lUPON.
ch U, 1893.
PresiJeiit of
jility involved
BOWELL.
Skaling Fleet, Sessiok 1893.
•,h , 1893.
s sent to west
)an.
MILNE
cA i, 1893.
les of vessels,
left port this
een added to
the eastern
i ::
of
Vcuel*.
Tuna.
Crtwi.
Maitera.
D^<
^
Cleared fur—
ClMraace.
1
1
C
t*
-
J
1893
Jill.
11
Tiinmph . .
<18
10
28
4
14
C.N. Coi,.
North Pacific Ocean.
11
Wiltcr P. Hall
9-:
23
,,
7
, ,
i. B. Brown
North Pacific Ocean and J.ipan.
13
May Belle..
se
20
, ,
5
, ,
C. J. Harrl.
North Pacific Ocean.
16
Otto
86
8
26
3
13
M. Keefe ..
Ditto.
^,
16
Pioneer .. .,
66
6
24
3
13
J. McUod
Ditto.
[[
i;
Baatrica ..
<«
&
24
3
13
V. Macauloy
Ditto.
J^
18
Caaco
63
19
, ,
5
,,
O. Rurklioll
Ditto.
^,
18
Sea Lion (New Diana)
50
19
.,
3
,1
A.Nelson..
Ditto.
••
19
Bnterpriae , ,
69
21
.
7
• •
J.W.Todd
North Pacific Ocean and Japan.
M
20
Geneva
93
26
• •
8
,,
W. (). Uary
North Pacific Ocean.
n
21
Penelope ..
70
20
,,
5
• •
F.Cole ..
Ditto.
«•
21
E. B. Marrin
117
27
8
,,
IiMC Gould
North Pacific Ocean and Japan.
21
C.H. Tapper
9»
24
, .
7
,.
W.E. Baker
Wrecked.
tw
21
CarlotUO. Coi
76
23
,,
7
, ,
W. Byera ..
North Pacific Ocean and Japan.
n
21
Agnea McDonald ..
107
25
,,
7
,.
M. F. Calltr
North Pacific Ocean.
21
Oinoko ..
74
6
26
3
l.^
G. Heater . .
Nortit Pacific Ocean and Japan.
M
21
Ocean Belle
83
26
, ,
7
T. O'Leary
Ditto.
24
Citj of San Diego ..
46
18
, ,
5
M. Pike ..
Ditto.
^,
24
Sadie Turpel
36
23
, ,
6
,,
C. Lo Blanc
Ditto.
«•
74
Vi»»
92
23
,,
6
J. W. Andcraon ..
North Pacific Ocean.
25
Vera
60
19
, ,
5
.,
W. .Shield!
Ditto.
99
26
Brenda ..
100
26
,,
7
, ,
C.E.Locke
Ditto.
»•
26
Sapphire , .
Umbrin* . .
109
8
3
3
12
William Coi
Ditto.
26
9H
34
7
,,
C. Campbell
Ditto.
M
26
Mermaid ..
73
23
, ,
6
• •
\v H.Whiteley ..
DUto.
1*
26
Maicot ..
40
11
20
8
10
11. K. sieward
Ditto.
26
Rorie Olaen
39
5
24
2
12
A. B. Whiddeni
Ditto.
W*.
2
Arietia . .
86
24
,,
7
,,
A. Dougksa
Ditto.
m
6
MaudS
Ml
24
• .
7
, ,
R. E. MeKid
Ditto.
**
«
Annie C.Hoort
113
26
, ,
7
, J
J.Daley ..
Ditto.
M
«
UbWe ..
93
23
,,
6
,,
F. Hackett
Ditto.
„
9
Terraa
63
20
,,
S
,,
E. Loreni . .
Ditto.
M
10
Dora Sieward
y4
26
..
8
,,
R. O. Lavender
N:.rth Pacific Ocean and J..pan.
M
10
Harr Ellen
6,'
23
..
6
,,
W. O. Hnghca
Ditto.
• •
13
Fawn
S!*
5
23
3
11
L. Magneaen , ,
Ditto.
„
13
W. P. Sajwaid
60
7
20
3
10
G. Percy ..
North Pacific Oces.:.
I.
14
Ventare ..
48
4
16
2
8
G. McDonald
North Pacific Ucan auil lapaii.
..
14
Katharine ..
82
6
24
3
12
W. D. McDougal ..
Ditto.
»»
li
Annie E. Paint
82
22
,,
6
, ,
A. Bieaet ..
Ditto.
»9
16
Walter A. Parke ..
68
23
, .
6
,,
Theo. Hagncien ..
Ditto.
M
16
Harjr Taylor . ,
46
18
.,
5
..
E. Shields..
Ditto.
• •
17
Labrador . . . ,
25
H
,,
,,
J. J. Whiteley
Ditto.
„
IS
Bomli* ..
37
6
20
3
10
0. Meyer ..
Ditto.
«•
23
FaTOurite .. ,.
80
7
36
3
13
T. McLean
Ditto.
*9
17
Victoria ..
6S
6
30
3
10
H.V.Hughes
Ditto.
• »
27
Minnie ..
46
&
80
3
10
V.Jackob.in
Ditto.
M».
1
Waller L. Rich
76
24
, ,
T
8. Baleom..
Ditto.
..
t
Wanderer..
25
4
16
1
8
H. Paiton.. ..
Ditto.
..
1
Hoaatain Chief
33
1
19
• •
•
L. F. Gnptel
Ditto.
„
3
Ofcar and Htttit ..
81
34
,,
6
• •
W.E. Baker
StiU in poH.
••
2
SanJof< ..
31
4
18
3
8
R. Crawell
Ditto.
Cleared for North Pacific and J*p«i
Clewed for North Pidfic
Total nnmber of mnli ap lo data
24
37
51
80
• iU
My Lord,
i> >w
■.<, • .1
-.1 .1. '
t, T <
III ••'t «irt/. ^ » ri iraiiT ^
' It.. • Jin' I jl Ku'u li .1 1
No. 17.
Sir R, Morier to the Earl oj Roiebery.—-(Hecr!ved April 22.)
vrj r.fV'^m ottj -r, '*nii i.' y/ «Ii,*-"v,
St. Petertburgh, April 18, 1893.
I ITAVE this moment received, only a tcvr liours before my departure for tho
(yriinoa, the note on tho subject of tho seal flshtTies, of wliich T liavc tho honour to
iiiolo8<5 a copy herewith, in reply to my note of tlio S)th (2l8t) March, transmitting a
(•oi\v of your liordship's despatch of the 17tli of tlio same montli.
As far as a very cursory examination of tlie note allows me to judpe, it seems to
mo fairly satisfactory, with the exception of the para^mph stilting the imi)OS8ibility of
the Imperial Government to accept the condition of havini; to deliver up their captures
to our eruizers or to the nearest British authority.
The grounds on which they refuse to do this, however, being of a practical nature,
and Imseil on the physiciU impossibility, with their very limited numlxu- of eruizers, to
give uj> watching for poachers in order to hunt for British eruizers or to undertake a
voyage of 3,0(K) miles to get within reach of a British authority, are not easy to refute.
But it seems to me that the difllculty may be turned, and I have therefore, in a private
letter which I have addressed to M. Chichkine, in order at once io guard against tho
supposition that we should hand over our crews to Russian jurisdiction, pointed out («
him that then* might be pmetieal ways of turning tho dirticulty, such, for instance, as
our stationing a cruizer at Totropavlovsk or Vladivofitock to take charge of the
captures.
I hp.vc the honour to transmit herewith a copy of this letter. , ,
I have, &c.
: (Signed) H. B. I). MOUIER.
Inclo.sure 1 in No. 17.
M. Chichkitifi to Sir R. Mnvior.
M. I'Anibassadcur, Le (18) Atril, 1803.
EN rt'poiiso ii ma note du 12 (2t) lYivrier, votre Exeelhuicc; a bien voulu me fairo
parvenir copie dc la dep^cho do Lord KoscImtv imi ilate du 17 Mars, par laquclle 1(>
Gouvernement Britanniqu(> propose d'»'tablir itnnuHliatement un modus vivrndi sur les
bases suivantes : —
1. Le GouvcrncuuMit Britanniquc interdiniit a ses sujots la ehasse aux otaries dans
les zones dr .'{() et do 10 milles. et offrirait la eooprration dc scs croiscurs pour
rcxecution dc cette mesure. Le Gouvernement Imperial s'cngagcrait i> livrer aux
croisours Auglnis, on \la plus prochc nutoritc Britanniquc les navires Anglais eaptun's
en dehors dcs caux ♦crritoriales dans les /ones susmenti(mn(!'v s, tandis que les croisours
Anglais, par rccipi-ocitc, livreraiciit les navii-cs Busses eaplun^s dans les mf'mes
eouditions.
2. IjC (iouveiiH-uient Im|)erial liraiterait a un chifTrc a ddlcrminer Ic nombre dcs
olarics »iui scraicnt lues sur Ics lies.
3. Li" (Jouvcrnemcnt lnii)erial autoriserait un Agent du Gouvernement Britan-
niquc a sc rendrc sur les iles, afiu de conft^rer avec les auforites locales sur Ic
I'ouctionnement et le rcsultat de rarmngemenl.
'!•. 11 I'csterait entendu que e(?t arrangement n'affectcrait en rien les facilitcs
aceordeea justiu'iei dans les ports Busses aux navires Anglais pour refuge, reparation,
ou approvisionnement.
6. L'arrangement u'aurait pas de force retroactive, plus particulif>remcnt en cc
qui conccrne les navires Anglais eaj)ture8 I'annec dcrnif^re.
.Tc nc saurais entrcr en matit^re, M. rAnd)as8adour, sans avoir au prealablc attird
votre attention sur cc fait, que ma note du 12 (24) I'dvrier avait pour but dc prevenir
le Gouvernement Britanniquc de certaincs mcsurcs de defense legitimes imposces pro-
visoirciuciit ])ar dcs eireonstances exccptionnelles, et non pas dc poser les oases u'un
modus Vivendi proprement dit, c'est-ii-dirc, d'une transaction bilatdrale, susceptible d'etre
prolougce juscju'au n^'glemcnt definitif de la question.
II s'agissait simplement d'un minimum de mesures protcctrices destinies j\ prevenir
la disparition de I'objet du litigc avant memo I'ouverturo dcs negociations a son
sujet.
Vn la proximitd de la saison de la chassc, di^jh, ouvertc en cc moment, lo Grouvorne-
ment In)p<*rial cstimait a la date dc ma note que le temps materiel ferait d«»faut pour
^
1
)
r,|i» (cii
pril 18, 1803.
3parture for thn
tho lionour to
trnnsmitting n
I^Oi it seems U>
impossibility of
p their enpturos
•racticnl nature,
• of criiizers, to
to umlcrtiike .-i
t easy to refute,
ire, in a private
lard against tho
, pointcMl out k)
For instanee, as
ehartfc of the
•. MOUIER.
Avril, 1803.
vouhi me fairo
par laquclle le
.' riirndi sur les
ux otaries dans
uroiseurs pour
i ^ livitu' aux
iifjlais eaj)turi's
le les croisours
ns les menies
li; nombre ties
lemeut Britan-
locales sur Ic
fi les facilitcs
ije, r6paration,
^rcmcnt en cc
>rualablc attird
ut dc prevenir
imposees pro-
les oases d'un
eeptiblc d'dtre
6cs h prevenir
;iations a son
;, le Grouvorne*
it defaut pour
I
1^
d6battre ct pour iHablir uu mudua uivendi ((ui tuuuhurait iiijcessairomeut, noQ pas seule*
mont h des questions d'inldrt't, mais cne((ro u des questions de principe.
S'il s'etait a^i dc poser les bases d'un tel viodus vivendi, lu Gouvernemont Imperial
n'eftt i)a8 nmn(iu6 do fairo vaioir qu'une restriction des droits torritoriaujc, c'ost-iVdiro,
ren<,'a!,'ement do limiter le nombre des otaries h tuer sur terre, devrait (Mj^uitablemcnt
avoFr pour corollaire la suspension eomphMe de la cbasso pelaf^icjue (-n pleme mer. II
aurait surtout eru indispensable de fairo ses reserves pour ec qui (•(UHrcrm.' 1(! rf>^lement
ddftnitif de la question des otaries, alln de garder son entii'^n) liberte d'app«'!ciation
quant aux mcsures ii eonvenir dans l(j but de hi conservation de la race des otaries, soit
par la prohibition ou la regleraentation do la cbasso en pleine mer, soit par I'extension
des droits speoiaux de protection de eette race au deli\ des diverses distances eonununi!-
mcnt designees eomme limites des eaux territttriales.
Cependant, ecs observations faites, je suis autorise, M. I'Ambassadour, u informer
votrc Excellence que le Gouvernemont Imperial, ctant d6sircux de vonir au devant do
totito proposition eonciliante du Gouvernement Britannique, est pret ii aceueillir cello
qui a 6t6 faite dans la depfiche de Lord llosebery, sauf quelques modilieations au.
premier point.
Ainsi lo Gouvernement Imperial serait disposii a limiter pour I'annoo eounintc lo
nombre des otaries i\ tucr sur les ilcs au chifTro muvimum de 30,000, reduisant ainsi do
20,000 le ehiffre moyen do 50,00() prevu dans son contrat avce la Compagnie d'exploi-
tatioM.
II ii'objecterait pas j\ ce qu'uu Agent du Gouvernement Britanni«iuo so rendit sur
les 'lies alin de s'aboueher avec les autoritds locales et recueillir d'elles des renseigno-
meuts sur le fonctionnement et les rc'ssultats de I'arrangement. liO lieu et I'epoquo de
cette visite dcvraient, comme do r,\ison, fitre fixes ulterieurement.
II n'y aurait, bien entendu, aucune modilieation quant aux fauilites dont les
navires Anglais jouisscnt dans les ports Russes pour refu<?e, nSparations, ou appro-
visionneraents.
L'arraiigement convenu n'aurait pas de force rc'troaetivc, attendu que les
dillorents cas de captures etfectu<;s I'annce derni^re ont eto df:]h (!xumiiu;8 par ime
Commission ad hoc sur la base des prineipes gdn<^>raux du droit des gens.
Enl'in, pour ee qui concerne h? premier point de la proposition couteau daus la
deiM'che d(! Lord Rosebery, lo Gouvernement Imperial est d'avis ([u'il ne serait gu«^re
possible d'appliquer int^gralcment, du moins dans les conditions donnees pour la .saison
de ehasse aetuelle, notamment quant a Teugagement de livrer aux croisours Anglais
ou u la plus proehe autorite Britannique les navires Anglais pris en coutrav(Mition en
dehors des eaux lerritoriales dans les zones prohibees do ;{() et de 10 milles.
11 se potirrait ([Ue par la suite Von trouviit d'un eonuimit accord uioyen <le
remedier aux ineonvdnients pratiques que pre.senterait un tel engagement ; mais pour
le moment il est liors de doutequ'il paralyserait eompl^tenient Taction des croisours do
la mariee Imp'jriale, et rondrait illusoirc la surveillance qu'ils devrai<!nt exercor le long
de la (!iMe et autour des lies.
All fait, tout croiseur Russe ayant capture un navire Anglais serait place devant
I'aliernatif soit de se mettre a la recherclie d'un croiseur Anglais — ce qui pourrail
durer longtemps, vu I'extension du littoral — soit d'eutreprendre uu trajet de
3,000 milles pour conduir.^ au port le plus proehe, celui le Victoria en Colombie, le
navire capturd.
Les croisours Busses r:oiaient ainsi cxclusivement occupes a eherchcr les croisours
Anglais ou {\ faire lo voyage ii Port Victoria alhii' et retour, pendant toutc la saison do
la ehasse, et la " cooperation " des croisours des deux nations ne pourrait done etre quo
nominale.
Dans cet 6tat do choses, et tout en ne s'arr6tant pas pour le moment sur un autre
point essentiel — celui du manque absolu de rdciproeite dans la proposition Britannique,
vu qu'il n'y a pas et qu'il ne saurait y avoir, de navires sous pavilion Russe destines ii
la ehasse des otaries — le Gouvernement ^mpdrial estime que pour ]'ann<Se coumntc il
serait plus simple et plus pratique d'j soumettre les nouvelles zones prohiboes dc m6mc
que c'est le cas pour les eaux territoriales, tl la surveillance exclusive des croisours de la
marine Impdriale, qui contiaueraient jusqu'k une entente ult^rieure h conduirc a
Pdtropavlovsk tous les navires arrfitds en contravention.
t
En acceptant (^uatre points sur cinq de k proposition Anglaise, et en n'objectant
u'^ rapplication mt^grale et immediate de 1 un des cinq points, le Gouvernement
mpdrial croit prouver son ddsir sino^re de voir les pourparlers pendants nboutir tk
une entente d'une mani^re sufflsante pour que son objection partielle bas^o sur des
considerations purexnent, g^graphiques ne puisae dire interprets somme un aote de
m^fiance.
'22
Ni Ic Gotivcrm-mcnt Britnnniiiuc do .011 riMr acroptait coinnir jVn ni Ic fcrmo
cspoir, riiisi'inhh' dii vindus agrndi di'voloppf'' ci-(lt'-s\is, Ton poiirrait consiili^rcr toutc
eoniplicalion ('•vcntiicllc poiir In s'lison oourmitr dp chnssc commc «'tftnt ('cnrtc^r, ct I'ou
aurnit i;apno, d'ntitro part, li- tctnjis nt'cossairo pour sVntcndre sur un modun vivendi
pliiH (i<'>(ini.
Vcuillcz, &c.
(Sigm^) ClUCIIKIXE.
(Translation.)
M. rAinlKissadciir, April (18). 1803.
IN reply to iii,v noto of tlic 12th (2itii) February, your Excellency was aood
enough to send \w a copy of liord llosehery's despatch of the 17tli March, in whicli
the Uritisli (lovernment ])r'.)poses to establish at once a modus tirendi on tho followinj^
bases :--
1. The British Govorninent Avould forbid their subjects to fish for seals Mithiu
zones of .'Ut and 10 miles, and would ofTer the co-operation of their cruizers to
carry out that njeasure. The Imperial Government would ensfagc to hand over to the
English cruizers or to fiie nearest Uritish authority the Eni^lish vessels seized outside
territorial waters in the above-mentioned zones, whilst the Englisli cruizers would, in
reciprocity, hand over the Itussian vessels seized under the same circumstances.
2. The Imperial Government would limit to u specified number the amoimt of
seals to be killed on the islands.
3. The Imperial Government would authorize an Agent of the British Government
to proceed to the islands in order to confer with the local authorities as to the working
and result of the arrangement.
1. ft would be understood that this arrangement should in no way att'cct the
facilities hitherto alTorded in Russian ports to English vessels for refuge, repairs, or
supplies.
.'1. The arrangement would not have any retrospective effect, more especially as
regards the English vessels seized last year.
I cannot discuss the subject, M. I'Ambassadeur, without calling your attention in
the first instance to this fact, viz., that the object of my note of the 12th (21th) of
February was to warn the Ih-itish Government of certain legitimate measures of
defence necessitated for tb(> moment by exceptional circumstances, and not to lay down
the bases of a regulai" moilus vivendi, that is to say, of a bi-latcral arrangement, which
uiiL'ht be prohmged until the ijue?tion was definitively settled.
The only idea was to provide a minimum of protective measures, intended to
prevent the disappearance of the su1)ject of the dispute, even before the negotiations
with regard to it were commenced.
In view of the near approach of the fishing season, which has now already begun,
the Imperial Government considered at the date of my note that there would not be
suflicient time to discuss and to establish a modus vivendi, which would necessarily
afl'ect not only questions of interest, but also questions of principle.
If it hv'\ been intended to lay down bases of a modus vivendi of this kind, the
Imperial Government would not have failed to claim that a restriction of territorial
rights, that is to say, the engagement to limit the number of seals to be killed on land,
should in equity carry with it the corollary of a complete suspension of pelagic sealing
in the open sea. They would have es])ecially regarded it as indispensable to make
their reservations as regards the definitive settlement of the seal question, in order to
retain their entire freedom of view as to the measures to be agreed upon for the
prcs'Crvation of the seal species, whether by the prohibition or regulation of scaling in
the open sea, or by the extension of special rights of protection of that species beyond
the various distances commonly designated as the limits of territorial waters.
Yet, after making these observations, I am autliorized, M. I'Ambassadeur, to
inform your Excellency that the Imperial Government, being anxious to meet half-way
any conciliatory offer on the jiart of the British Government, are ready to accept the
proposal made in Lord Rosebery's despatch, with the exception of some modifications
on the first point.
Thus, the Imperial Government would be disposed to limit for the current year
the number of seals to be killed on the islands to a maximum of 30,000, reducing thus
by 20,000 the average of 50,000 provided for in their contract with the Sealing
Company.
They would not object to an Agent of the British Qovemment coming to tbo
i
II ni li' fcrmc
insiilt''r(T toutc
'cart(M', ct I'ou
modus vicendi
ICIIKINE,
1 (18). 18J)3.
ncy was Kood
arch, ill whidi
I tlio followini»
r seals Avithin
'ir cruizcrs to
ind over to tho
seized outsid<>
izors would, ill
stances,
the amount of
ill Government
to the working
way affect the
iigp, repairs, or
B especially as
ur attention in
12th (-ilth) of
c measures of
ot to lay down
gemcnt, which
s, intended to
le negotiations
il ready begun,
would not h(!
lid neeessarily
this kind, the
of territorial
killed on land,
wlagic sealing
sable to make
on, in order to
upon for the
1 of scaling in
pecies beyond
iters.
ibassadeur, to
meet half-way
to accept the
modifications
I current year
reducing thus
tho Sealing
coming to tho
i
islands in order to discuss matters with the local authorities, and to obtain information
from them as to tho working and results of the arrangement. Tho place and the time
of his visit should of course be fixed hereafter.
There would certainly bo no modification as regards tho facilities which English
▼essels enjoy in Russian ports for refuge, repairs, or supjilies.
The arrangement agreed upon would have no retrospective force, because the
different cases of seizures ciTectcd last year have been already examined by a special
Commission on the basis of the general principles of intematiocal law.
Finally, in regard to tho first point of the proposal contained in Lord Rosebcry's
despatch, the Imperial Government arc of opinion that it would be quite impossible to
apply it as it stands, at any rate under tho circumstances existing for the present
fishing season, especially as to the engagement to hand over to the English cruizcrs or
to the nearest British authority the English vessels caught trespassing outside
territorial waters within tho forbidden zones of 30 and 10 miles.
It may bo that means may hereafter be found by common consent to remedy the
practical difficulties in the way of such an undertaking ; but for the moment, there is
no doubt that it would completely paralyze the action of llio cruizcrs of tho Imperial
navy, and render illusory tlio supervision which they should exercise along tho coast
and round tho islands.
In practice, any Russian cruizer which had captured an English vessel would
have to choose between the alternatives of searching for an English cruizer, which
might take a long time, considering the extent of tho const, or else of undertaking a
voyage of 3,000 miles to conduct the captured vessel to the nearest port, that of
Victoria in Columbia.
Tho Russian cruizcrs would thus bo exclusively occupied in looking for tho
English cruizcrs, or in making voyages to Port Victoria and back throughout tho
fishing season ; and tho " co-operation " of the cruizcrs of the two nations could, there-
fore, only be a nominal one.
Under these circumstances, and without insisting for tho moment on another
essential point — that of the absolute absence of reciprocity in tho British proposal, as
there are not, nor can there be, any vessels under the Russian Hag engaged in sealing—
the Imperial Government consider that for the current year it would be more simple and
practical to submit tho new prohibited zones, as is the case as regards territorial waters,
to the exclusive supervision of the eruizers of the Imperial navy, who would continue
to conduct to Pctropaulovsk all vessels caught trespassing until tho conclusion of an
\Utcrior agreement.
By accepting four points out of fivo in the English proposal, and by only objecting
to the complete and immediate', application of one of the five points, the Imperial
Government give evidence of their sincere wish to see the pending negotiations result
in an understanding sufficient to prevent their partial objection, based upon purely
geographical considerations, from being interpreted as a sign of mistrust.
If the British Government on their side should accept, as I firmly hope, the whole
of the modus agendi explained above, it might he considered that provision had been
made against all possible complications for the current sealing season, and, on the other
hand, the necessary time would have been gained for the negotiation of a more definite
modut vivendi.
Accept, &c.
(Signed) CHICHKINE.
Inclosure 2 in No. 17.
Sir JR. Morier to M. Chichkine.
Chfere Excellence, St. Petersburg^ April 6, 1893.
I HAVE just received your note on tho subject of the seals, and have only a few
moments before my departure within which to give you my first impressions.
I perfectly understand tho practical difficulties in the way of the Russian eruizers
delivering their captures to the British cruizcrs or at a British port. On the other
hand, I think I may state confidently that Her Majesty's Government would not
consider themselves justified in handing over British subjects and property cajitured
outside of bond fide territorial waters to the jurisdiction of any Government but their
own. But there ought to be some way of turning the difficulty, such, for instance, ua
a British cruizer being stationed at Pctropavlovsk or Vladivostock.
I have, &c.
(Signed) R. B. D. MORIER.
[895]
B
• • No. 18.
The Eurl of Mo»eb«ry to Mr. Uoumrd.
Sir, ¥orei(jn Officf, May 3, 1893.
IIKII ^fiijesty's (.Joverninonf. Iiavo had imUor thoii* oarcfiil (Htnsidomtion the note
from M. Clu(!hkinc, forwnnltxi in Hir U. ^[oi'icr'H d«?«i»iitc'h of tlio 18th ultinm,
relative to tlic propoRcd nrraiiiifcmont lor the |)ro<«ction of iiutsian Healing interostM
in the North Paeiflo Ocenii duiinK tlio prcficnt year.
Tiu'y note witii BntisCactioii timt their pniiKMMilK for tl»iii purpose nv<< accepted 1»t
the Uussian (ioveriiment with one exeo])lioii, and tliey trust that the ditlU'uUy in rognitt
to thiH Kin^li^ point wil' he removed hy tlie HUgi^estion which linn siniM l)ocn made,
tliat any Jiritish vessels which may ho Keieed hy Rus.siuii erniziTM on th(> eiinrire of
contravenini» the Agreement shuU ho (leliver<>d at Yokohama for adjudication hy the
13ritiiih Consular Court there,
In the hope that this matter will have heen satisfactorily 8ottle<l l»eforo this
(luspateh rcaidies you, I inclose herewith tlie dmft of an Ai(i\'emetit emlKxlying the
Sriuciples of the armngement, which you are empowered to sign at onoo with
r. Cliiehkino or any other momher of the Russian Government who may bo similarly
ftuthorieed to that end.
In case of any alterations Ix'ing suggested in the MOi-ding of the Agreement, you
Kill rei>ort them hy telegraph.
You will impi-ess upon the Uussian Qovenuncnt that a speetly eonolusion is of
capital imi)ortanee, in order that the necessary legislation may Im? i' once obtained
from Parliament, and public notice given to all concernetl.
I'or this reason, I defer for the present any discussion on the claim which appears
to be advanced in M. Ciiichkine's note, of a right on the {wrt of Russia to take of her
own motion, and without previous agreement with other I'owers concernetl, the
measures contemplated in the arrangement now under negotiation. It will ho
necessary, however, that in presenting the draft Agreement, you should intimate
clearly that Her Majesty's (Jovcrnment cannot admit such a claim, r\nd that they
must reserve to themselves full freedom to objoot to any interference with RritiNli
vessels outaido Russian territorial waters, aocoraing to the usual acceptation of the
ii-riu, M'bioU is not based ou an express Agreement between the two G ^ ernments.
I am, (fcc.
(Signed) loSEBERY.
t.
Inclosure in No. 18.
Dr(\ft Agreement between Great Brilam and Rustia relative to the Seal Finheries,
'^VITI1 the view to avoid diflicuUics in regard to the seal lisherics, and to aid in
the ])re6crvation of the seal species, the Government of Her Majesty the Queen of the
United Kingdom of Great Britain and Ireland, Empress of India, and the Govern-
ment of His Majesty the Emperor of All the Russias, have concluded the following
Agreement: —
I.
During the year ending the I51st December, 1833, Her Uritannic Majesty's
Government will prohibit Rntish subjects from killing or hunting seals within the
following limits : —
(».) Within a zone of 10 marine miles following the sinuosities of the Russian
coasts which bonier ou Rehriug 8oa and any other part of the North Ttusitic
Ocean.
(b.) Within a zone of 80 marine miles round the Komaudoraky Islands, and round
Tulenew (Robben Island).
Her Britannic Majesty's Government engage to co-operate, with British cruixers,
in preventing British subjects from killing or hunting seals within the aforesaid
limits.
95
May 3, 1893.
imtion tli« note
) 18th ultimo,
ealing intorostH
wt'i ncoepted l»y
itnilty in regnitl
iiHi l)oen inftdo,
I tilt' eliari»o of
dicntion by the
led Iteforo this
cmlMxlying thf»
at ono« with
ay bo similarly
Agreement, you
onclusion i*i of
oiife obtained
I which appcors
I to take of her
concernwl, the
I. ft will 1)0
hould intimate
r\nd that they
e with British
optation (»f the
ernmonts.
oSSBERY.
Fisheries,
, and to aid iu
Queen of the
the Govora-
.4
.■i
d
HI.
Ib'itUli vcsHolt I'lt^t^od i» killlnn or hunlinu; heaU within the nfoiTHairt lim!t«
may be Kcizfil citliiT by liritiHh or lUisHiHn eruizerii ; but, if wized by the Intlcr, tboy
sbftll forthwith be liaudcd over at Yukoliama, or at any port in the Briti.sh po««i'«-
sionM, 01- to the Couimaiulor of any British ship of war, for trial hy the Brititth
authorities.
IV.
The Imperial KusHian Government enj^ago to limit to 3(),000 tho nmnber of seals
whi(!h mny l)u killed during; tlio whole of the year 1HU3 upon or around the said
Islands of Komandorsky aiul Tulenow (IloblMin Island).
V.
It is agreed that a British Agent may, when so desired by Ilor Britaunid
^fnjesty's Government, ^isit the said islands to confer there with tho authorities, aud
to inquire into tho Mocking and results of the present Agreement.
VI.
Tlie present Agreement will in nowise alTect the facilities hitherto accorded
in Russian ports to British vessels as regards refuge, repairs, obtaining supplies, or
other matters for which they may properly require access.
VII.
It is imdcrstood that tho present Agreement relates solely to the year 1893.
It has eousequently no rotrouetive forwj or elfect — more especially as regards tlio
Britisii vessels (»pturcd previously by llussian cruisers.
In witness whei-eof, the Undersigned, duly authorized to that elVoct, have signet'
this Agreement, and aflixed thereto the seal of their arms.
Done at, &c.
No. ly.
Mr. Howord to the Karl of Rosp'uery. — {Received Mni/ lf».,
My Lord, Ht. Petcrsbunjh, May 12, 1S03.
I HA^T; the honour to transmit herewith a eoi)y of the note M'liich, in obedience
to your Lordship's instructions, I have addressed to the llussian Governmeat in reply
to the communication fwm M. Chiohkine to Her Majesty's Ambassador of the
fith (I8th) April last, relative to tho proposed arrangements for the protection of
Russian sealing interests in tho North I'acilic Ocean during tho present year.
I have, Ac.
(8ignc<l) HENllY UOWARD.
the following
Inelosum in No. It).
mic Majesty's
als within the
f the llussian
North I'twitic
ids, and round
rituh cruisers,
tho aforesaid
Mr, Howard to M. Chlchkine,
M. le Consoiller Priv««, St, Petersbvryh, April 30 {May 12), 1893.
IN ol)edience to instructions received from the jcar! of Rosebcr)', I have tho.
honour to inform your Excellency that Uer Majesty's Government have had under
their careful consideration the note which you ntWrcssed to Sir Robert Morier
on the 0th (18th) April relative to the proposed .irrangement for the protection
of Russian scaling intorests in the North Paciiic Ocean during the present year, and
that they note ^vith satisfaction that their proposals for this purpose arc accepted
by the Russian Government with one exception.
I am desircil to express the hope of ll-^r Majesty's Government that the difficulty
in r^ard to this single jwint may be removed by an arrangement which I am now
instructed to propose: that any British vessels which may be seized by Russian
cruizcrs on the charge of contravening tho Agiuomcnt shall bu Uclivured to Uer
[395] o o ^2
26
MajcKty*H cruizei*s at Yokohoma, or at somo plaw. of nMuli-zvoiis to he sottloil hereafter.
I have been likewise instructed to tmiismit t<» yotir Excellency the inclosed draft of an
Agreement embodying; the jninciples of the arrnnf»emout, whicli I nm empowered in
siufn at once with your Excellency or any other member of the Imperial Govemmeat
who may be nimilarly authorized to that end ; but I am i-equcsted at the same time to
jtalo that, should the llussiun (invernment prefer it, Ifcr Majesty's Go. crnmcnt are
ready to consent to the Agreement bH'inir recorded in an exchanj^o ol noies.
Finally, I am to ui!d that, in view of the capital importance of i, siKJcdy
settlement, ile.* Mrjesty's Government refrain from any discussion of the projH)sition.s
ndvan<re i ».i yo-ir Excellency's note of the (1th (IHth) April to ilcr Majesty's
AR>bas8ador, but that it mu!»t bo umlerstood that they cannot adnut any claim on
the part of Russia to take measures of the nature contemplated ?',i the arransjements
of hor own motion, and without previous aj»rcemcnt with other I'owei-s conirerned, and
that Her Atajesty's Government must reserve to tlu'inselvcs full freedom to object to
any interference with British vessels outside Russian territorial waters according to the
usual acceptation of the teria which is not based on an cx{»res8 agreement between th(»
two GoTcrnmeuts.
I avail, &c.
(Signed) HENRY HOWARD.
mi
ie«
to J
RJ
'Cro|
AnI
No. 20.
Mr. Howard to the Earl of Rosebrry. — (Ui'ceived 3/rt(/ 20.)
My I/>rtl, Si. Pelersburtjh, May 23, 1893.
I HAVE tho honour to transmit herewith t. copy of" the reply of the Russian
Government to the note which, in (ilMMlicncc to yo\ir Jxu'dsbip's instructions, I
addr(».«ied to them "^n the 12tb instant on the subject of the proposed Arrangement for
the protection of Russian sealing inter<>sts in the North Paeitic during tho pi*08cnt
year.
I have, &c.
(Signed) HENRY HOWARD.
IrclosUTc in No. 20.
M. C'hichkine to Mr. Howard,
M le Clmrg/! d' Affaires, .S7. PfUnbouKj, le 10 (22) Mai, 180:J.
EN roponse ii votrc communication en date du 30 Avril (12 Mai) j'ai I'honncur do
vous itifonner tjue lo (iouvernement Im|Mfnnl, tout on ac^eptant le projet d' Arrange-
ment annexe ii cettc conununieation, pit'tlfre lui donncr lo caractt'-re dYn 6change dc
notes j)our h.'s raisons sviivant'is : —
I'aix'o que la redaction ti-op concise du projet susmentionnu laissemit la iK»rto
ou>ert« *i curtains malenlendus, ct pcut-etits menie i\ des cumplimtions qu'il serait
desirnblo d'eviter ;
Tarce que Ic Gonverncment Impt'rial ; ■ saurait adherer au projet en (|UCstion
Bitns (luelques ri^scrves de.Jinees u sauve^'ani. r sa lilKMte d'approciatinn dans I'avenir.
n est bien entemlu qi>e I'ententx' i\ titp.hlir entn^ no.s tleux Oouvernements laissorait
intacts tons h's dniits de I,i Itiissie dans hs eaux territorialcs.
Quant j\ noH n'-serves, elles jjortorii "(ii isir hw points ci-dossoun.
1. En consontant i\ livrer a»\ uutorilcs ifritannitjiies les navires Anglais nui
s'occupeni dc la chasm' dca uUu-ics ibns les zones |!r^diibee.s, noi s nc voulons nulie-
ment ^m'^jugor, en o"*n(' ':\1, la question des dn>it8 tl'uno l'uiswin«'e riveniine d'l^ttindm
Brt juruliction territori;i dans certains cas spi^ciaux au deli do ses oaux territ«>riulofl
proprcmont ditcf.
2. .1x1 Gouvernemont Imperial ent<*nd garder son entiire liherte quant au clioix,
dons ravonir, entre les deux systemes do protection des otaries, soit an moyen d'uno
Rono pndilbi^f, soit an moyen d'une dcf«'nse complete d(« l:i eliasse ]H)l<igique ou do
SA ri^gtainentatiun en pieino iner.
3. L' Arrangement actucl ne ^^oarrait servir iV aueuii litre de j)rt'xx5tlont ct n'aura.'l
h no* youx qu'ua caracti^re cssentietlemont i)rQvisoire pour le am present.
'9
M.
■4
led liorcafU-T.
;d draft of an
(mpowcrcd to
Govenimeat
same time to
•••rnmcnt arc
s.
of i 8iM!cdy
; l)roiM).sition.s
[or Majiisty's
»ny claim on
irmnsjonicnfa
ncTrnod, and
I to objrct to
urdin^ to tlw>
between tho
OWARJJ.
I 23. 1893.
tho ]lu8!iiau
•tractions, I
ngomcnt for
the present
OWAUD.
fni, 1803.
lonneur do
d'Arrnngo-
iScliango dc
it la jwrto
u'il 8crait
Ml (|ucstion
Tavenir.
s laisscrait
nglaiH (lui
ons nullo-
dctondre
•rritoriulcs
au choijr,
yini d'uno
ijuv! ou do
it n'aum.'l
1
m
Cos reserves faitcs, nous adiierons a la itroposition firitanniquo daus los termes
ivauts : —
1. Pendant Tannuo pronant tin lo 31 Deccmbrc, 1SU3, ie Ciouvernement Anglaii
[^fcudra ii ses aujcts la ciias.sc aux otari(>K dans uno zone de 10 nillos maritime«i sur
loutes los c6tea Ilusses de la Mcr du Behring ct de rOe6an Pacifiqu') du Nord ; ainsi
UR dans unc zone dc 30 milles maritimcs autour dcs lies Komandc ki et TuUniow
Ilobbin Island).
2. LcM navircs Anglais qui so livront a la cliasso des otarios dans lea zones bus*
entionnecs en dehors des ejiux tcrritoriales dc la llussie, peuvcnt 6tro arr^ti^ par les
roiseurs Ilusscs pour Hm rcniis aux croiscurs Anglais, ou bieu au» mtorit^ Britan-
niqucs ics plus proches. Tax cas d'cmp^'chomcnt ou de difRcult6, le Commandant du
vj^roiseur Russc jHiut »o Iwruor h saisir los papicrs do bord des navircs susmentionnris,
pifln de les renietitr a un croiseur Britanniquc, ou de les expddier aux autoritt^s
viAnglaises los plus voisines, a la premi<'^re pos8ibilit<'^
S 3. Ijo Qouverncnient Britanniquc s'engago ii fairc juger par los Tribunaux
Onlinaires ct olTrant toutes les garantics necessaires los navires Anglais qui seraiont
Iirr6tes conimc s'etant oeeupes de la chnsso defcnduc dans les zones nrohib<Ses en dehors
des caux tcrritoriales ilusscs.
I Ji. Im; (iouverncmeiit Iinptsrial limitera i\ 30,000 ti^tcs le nombro des otarios a
|ucr sur les c6tes des lies Komaudorski et Tuliniew (Ilobbin Island) dans le sourant
ie l'ann«^ 1893.
r>. Un Agent du Gouvenicment Britanniquc pourra 6tre admis sur les Ilea
Jusmentionnecs (Komaudorski et Tulinicw) aiin do recueillir aupr^s des autoritt^
ocales toutes les inforinutions necessaires sur lu fonctiouncmont ct les r^uitats de
I'ententc convcnue, niais en aynnt soin d'informcr prealablemcnt ces autorit^ du lieu
|t do I'oiraque dc sa visito, qui uc saurait d'aillcurs se prolonger au del& de quelques
twmaines.
0. L'arrangemeiit actuci n'aura pas dc force rcti-ospective quant h la saisio
(Sos navires Anglais anrtes anterieurenient jmr los croiscurs do la marine Impdriale.
Cos points ^tant bas^s sur les jiotes precedemmont «>chang(k;8 cntre nos deux
Gouverucinents ainsi ipic sur lo tcxte des dernieres propositions Anglaiscs, nous
•sperouh, M. lo ('hargi! d'Alfaircs, que le (louverncment de Sa Majesty Britanniquc
iugera descrmais lontcntc cntre nous eonime enti^rcraont dtablic quant au regime
me la pfichc aux otarios pour le courant dc rann<5«( prt'«ento.
Vouillez, &c.
(Sign^) CUICHKINE.
(Translation.)
M
le Charge d'Aifain-s, St. Petersburyh, May 10 (22), 1893.
IN reply to your eouimuuication of the .30th April (12th May), I have the honour
to inform you that tho Imperial Government, while accepting tho draft arrangomont
annexed to that eominunicntion, prefer to give it the character of an exchange
of notes, for the following reasons : —
Bceause the too concise wording of the alK>vc-mcntione<l draft would leave room
for ceitaiu njisunderstandings, .-ind ]K«r;»aps even for oomplicfltions, which it would be
dtmirable to avoid ;
Because tli(« Imperial Oovernmenl could not agree to the draft in nuestion ♦without
»oino reservations designed to safi guard their fnHMlom of judgment in the future.
It is undei-stood that the agreem«^nt to \w arrived at between our two Govern'
ttents will leave intact all the rights of Russia in her territorial waters.
As to our rescn-ations. they ref«r to the points mentioned IhjIow :
1. Ill conw'uMng to hand over to the British authorities tho English ships
gngcd in sealing within the prohibited zones, wo do not wish to prejudice, generally,
he question of the rights of a riverain Power to extend her territorial jurisdiction
In certain special cases Iwyond waters |>rop<Mly called territorial.
2. Tlio Im])crial (Jovernmcnt desire to preserve complete liberty of action as to
hoosing in tho future lH5twe<>n the two .systems of protecting seals, either by tho
-ethixl of a i)rohibit4Hl zone, or by the niothoii of entirely |>rohibiting pokgic sealing,
regulating it in tht^ open sea.
3. Tho present arrangement cannot in any manner be considered as a precedent,
il will bo looked uiwn by us as of an essentially provisional nature, intended to meet
iM'scnt cireuinHlttnc(*8.
With these reservations, wo accept tho British propoial in tho following teniM :—
"^^r
1. During the yc«r omliug ilie3lBt DiKJotubor, 181)3, the Kiiglwli Oovomnionf will
Sirohibit tlioir mibjwts I'l-din biintiii;; K»'als within a zcm«' of 10 iniiriiic iiincji on nil the
luMiau coasts of Bchrin^ Sen aud t\w Nortli I'acitlc Ociiin ; ns well n« within a xmc
of no marine milm roun<l tlio Konmudorskv Islands and 'riil<'ni«!\v (Ilobhett Island).
2. English tu8m>1h tMign^od in liiintin{i; mmU witbiii the nt'oirsnid mniit Wjoml
Kuwian territorial wiit^rs may be soixod by Hiusian oruizcrs, to bo bnn-lnd ovor to
Knjiflish cruizers or to the lu'mrst llritisti iviithoritics. In case ol' im|)c<lim<^nf or
difflooltT, Ihe Commaml«>r of tbo UusMiaii cruisor may condnc hinuRlf t^) soixiiig I lie
papers of the nfon'-mrntiontsd veswls, in onlor to dolivTr tlunn to a Hrifish orniwr, or
to transmit them to tli<> nenr«<st Un^lisb nntiioriti(>s, on tlio Ibrst opportunity.
.i. Her Mujt'sty'H (Jovcrnnn'nt eni^agr to brinj? to trial Iwforo tlio oifiiniirv
'iVibunalH, otlVringall ncci'ssiiry guaruntoos, tho Knglish vnssols which may Im* Neii!(!il ;is
having" bvun cn<^»^«d in smlini; within tin* probibitod zones bryond Russian t<Tritorial
waters,
4. Tlu! Imperial Uovcrnment will limit to 30,(MK) tho n«irnbt>r of seals wliich ni.i;
be killed during the year IHOS on the cnasta of the iKlands of Komnndorskv niul
Tuldn««r (Rohben Island).
6. An A^ont of the liritish (iovm-nineut inny visit tho aforc-montioncd islands
(Konmndonky and 'I'ulenotv) in order to obtain from tho local antboritier^ nil ncoesain v
information on the working and results of the aio^eement arrived nt, but caro should
Ik) taken to }»ive itrcvi(ms information to those auliiDritifs of the jdan* and time of his
Tisit, vbieh should not be prolonged beyond a ftm w(>tiks.
6. The present arrangouiont has no retroactive force as reprirds the Hritisb veswls
captured previously by thu cruizerH of the Impurial Marine.
Those terms being based uptm the notes previously oxchangr<l behvren our two
tioTnmmimts, as well as upon tliu text of tbo latest English proposniM, we \\n\u\
M> lo Cbare6 d'Aflaires, that Her Jiritannic Afajcsty's Government will consider tin'
anderstaiiding^ lietwoen us to be entirely established from this time forward as regards
the regulation of seal flshories during tlio present year.
Accept, Sec.
(Signed) CHICUKINE.
(T.
:<fc
No. 21.
The Karl of lionehenj lo Mr. Howard.
(Telcgrauhie.) Foreiyii Office, AJay 2U, IBOJl.
L IIAN'E i-cctHVod yoiu* despatch of thu 2i]rd instanl, inclosing a note from
M. Chiuhkiuc, <leiluing the terms of the arrangement for the protection of tho lliuuii.'tii
»ca\ fisheries during the present year, to which the llussian (iorcrnmcut are prcpunil
to QgFi'iC.
I have to instruct you to address a note to tho llussiun (jovernmout in reply,
stating that this ai ;ngenient is accepted by Her Afi jcsty's Government as a temponuv
ikgrccment f«u- the current year, and that tlicy will take immi>diatu steiui to procure lii'
legislation necessary for carrying it into execution.
AVith ix'gai'd to tho reservations made in M. Chichkiuu's note, you will state tli;i'
Her ^[ajesty's (iovurument havo taken note of them, but do not at present ]iropost; i<>
discuss them ; that, on the other luiud, they must adhere U) the reservation |)ivvi<Mi>l\
moilc by tliem, and contained in your note of the 12th of this month, aud that it i^
uudcrstuod that the ri§^bta ami ])i).sitioD of either Power uii; in no way all'ected by tia
eoaolusion of this provisioDal arruugcnuuit.
You should inform tho Russian (Jovcromuut, at the samu time, tliat wu propose tu
la/ the cori-ospoudottoo at ouco bcluru i'axli»ucut.
6
Oovi'mimnif will
tnil«<N on nil thr
nH Mtthin a nww
hhei) Uinnd).
lid w>n(f» Iwyond
lmn''p(l over to
iinpedimonf or
)l( to Roixiii^ llir
Jrifish cniiwr, or
tunity.
ro the nitliiiiirv
nifty Iw seiKMl iis
UHsinn tomtorinl
swla which in.i;
jinnndorsky niul
lontioncd isinmlM
tios nil nc<!»s>8!i I)
hut raro BhoiiM
and time of his
o KritiHli vessels
ehvpon our fwn
>osnlH, wfi lio)M',
rt ill «>()nsidor tln'
wnrd ns ivpuils
29
No. 22.
Sir li. Morirr to Ihf Karl of Jlonehery. — (Received May .30, d'iH P.M.)
rdcgraphic.) Ht. Pelergburgh, May ^0, imS, QM T.V.
I N pursuance of your Tjonlshiii's iuHtruct ioiiH ns (ronvcycd in your t/clogram of
^estcrdtvy, 1 havo tliiH day addroHS(>d a note to (liu JlusHian Oovornmcnt in thn
jllowinj? terms: —
"Your Kxeellency's note of the lOfli (22nd) iuHtant on the suhjcct of the Hcal
S»heri(»s in the North I'acilie was forwarded without delay to Her Majesty's Principal
peerelary of State, and I am now instructed hy Her Majesty's Government to state that
hey .-leeept, as a pi-ovisional tiii^reemont apply int; to the; pnjsont year only, the arrange-
leut for the prot<'ction of the Russian sealing int(>rests as dotined in that note. Thoy
nil forthwith invite Tarliamont to (Miact the l(!gislation whioli is necessary to carry th<^
Agreement, so fai' as it hinds Qraat Britain, into elfcet.
" With reference; to the general reservations contained in your Excolloncy's not*',
Ivv AfajoBty's (Jovernment, while taking note of tlnsm, have instrtictcd me to ahstain
from diiici<siiing them at present, hut to inform the Imperial Goveniment that they, on
|heir side, maintain to the full the reservations made hy thorn as formulated in
"Ir. UoMftrd's note to your Exeelloncy of 30th April (12th May). It is understood,
lerefore, that the rights and position of neither I'ower arc in any way prejudiced by
lis provisional urrangcment."
iilCHKlNK.
lay 20, 189;{.
g a note fnun
of the EusKJiiii
tt are |ircpuri'il
imont in ri>|)l,v,
aa a tcniporon
I io procun* lli
will statt* tlin!
sent ]iropoM«; In
.tiuu pr«>viou^lv
, and that it i^
alTectiid hy tlic
L wo pwpojtc lu
f ,1
] J.2JHL
•1
r
1
A.
1
?
•^
r
>>,
3>
r
^
1
i
1
"^
!? ^
00 P
i- f S
2. " o
Is
SI
3.
9
Eli
I
m
s
3
«
a
M
o
ve m
o 1.1
1
rr it A
«c sr 3
RUSSIA. No. 2 (1893).
COIIRESPONDENCE
I .>
•r '
'- (
RBBFKOTINO THE
SEIZURES OP BRITISH SEALING VESSELS
BY RUSSIAN ORUIZERS
IN THE
NORTH PACIFIC OCEAN.
■Pretented to both Houses of Parliament by Command of Her Majesty.
June 1898.
Wx<8
LONDON :
PIUNTBl) FOR HER MAJESTY'S STATIONERY OFFICE
UT HARRinON AMD IONS, 8T. MARTIN'H LANB,
taiimMi iM oaaiiiABT to ■■• HAiBirr.
Aad to be parchdad, tilhar dlrKtljr ot lhrou|h mj BookieUir, Itroal
KVEB AH* ■POTTIBWOODE, Eait Habdino Stbiit, Pliit Sraitr, B.C., uia
it, AauiaDOit ariiir, WiimiiiiraB, 8.W.| ob
JOHN MMtZIBS * C«.. U, Uamovib Bnmwr, EBiicasaoH, a»
N, Wbbt Nilb SimBBr, OuAMowt e«
HOPOU, riOOIS, * (to, UmM, 104, OaArroK Sruar Dsbuh.
.1 Ti
.4]
TABLE OF CONTENTS.
No.
tCmme.
Dtte.
SUBJBCT.
I'a^.
1
AdnirallT „ ..
Sept. 1, 181)2
Sciiurc of " Ariel," " \V. Mc(ii)wnn," and " Itotir
OUcii." Trifijrnm from Admiral reporting
1
3
T«C«kMlOS(r
2.
SiiKKMli ti>lrf(raphiii|r to Cnnadt for infaniiiljoii
1
3
ColooialOat* ..
a,
I'nrtiruUrs lelcgrapliiMl fur from Ciiiidi .
1
4
•• m »• ••
13.
Further telognm from Cunida. Snggrils that
inquiry kliould be made wlietlier rrcwi kre in
priiion, and, if to, that their release thould hr
anked for .•
5
*fl • •* ••
H>
Further leleKramii. SugKeilK that Huifian Guvrm-
moiit should lie a>ked tu send iiistrurtiunt to
prevent further aci/.ures
.1
G
ToMr.HM«t4 ..
(T»lrfTaphic)
15,
To request Kuriiun (iovernment to rchatc rrrvt
ond olTer eoin|H<naHtion, niid In prevent further
•einures . .
•1
7
Col«i»] OSn ..
1«.
Tcle|;ram from Canada statin); thnt further sriturr*
have been made, i.nd urgiig Her Majesty's (io-
vernment to Inke immediate slep%
a
8
Mr HvmtH
16,
M. Chichkine will atk for Report from the Ituisian
{TAp»pfc«)
offircra concerned . .
S
9
To Sir R. Manrr ., ..
20.
Convertatiun with llussiiin ('liargC' ilAfTairet, who
holieren vessels must have been fishinx close to
shore
5
10
To Adminht' .. ..
20,
SufTKCsts that a ship should be sent to IVtropavlovsk
6
11
To Sir 8. M«n«r ..
(Ttlcgnphir)
ai.
lias he received any answer to his representations 1
6
19
1
SirR. Mern
(Ttltfraphie)
23,
Conversation with M. Chichkine, who promised a
strict inquiry, ond gave the assurance lliat the
captured crews would sulTer no ill-tieatmeiit
t
13
Mr. H^i'Wsl •« ,,
>tJ.
Article from " New York Times"
7
14
ToSirK. M«»r..
26,
"L«'nnder" will bo fent to IVlrapiilovsk. To
(TcWraphic)
inform linssian (iovernment .. ..
i
15
Mr. HoiraH
17,
Interview with Count Kapnixt, who promised imme-
diate inquiry . .
s
16
SirR.Msri(r
23,
Interview with M. Chichkine, who promised a Mrlrt
inquiry, and Rave an nssuranci! that allejrcd ill-
treatment of rrews sliould not be re|>eatcd
'J
17
W •! •• ••
27,
Has inforincd M. Chuhkine of pioposed visit of
"I.eanJer" to I'etiopsvlovsk
13
18
(T«4rfrapbitf)
Oct. 3,
Crews of seized vessels sent to Nagasaki ..
I]
19
n •• •• • •
S»pf 27,
Sciiurc of '■ Cape Horn rineon."' American
Minister has made no representation ..
13
20
i
f* # •• ••
Oct. 1,
Visit of Her Majesty's ship " Lcander" to I'elro-
pavlovsk. Telegraphic orders sent for her reception
U
31
ToKr B M«hrr..
3,
Approves Mr. Howard's langnflf;e to Count Kapuist
(see No. 15)
i:
38
ft •• •• ••
5,
Approves his language to M. Chichkine (see
No. 16)..
ij
33
ft m •• ••
10,
Approves bin note to M. Chichkine as to visit of
•' Leandcr" to IVtropavlovsk (see No. 17)
ij
Si
AdmitaJiv ..
10.
Teleiiram from Her Majesty's sliip " I.e.inder,"
re mrting seizure of six Hritish and one Ameiican
sc looiier . .. .. , . ,.
13
35
Colooul OCw ..
13,
Despatch from Canada containing affidavits in
cases of " Willie McGowaa,' •' Ariel," and
" Kosie Olseu." Complaints of ill-treatment
fully borne out. Claim for compensation should
be pressed
ti
28
AdmirmhT .. ..
17,
Telegram from Her Majesty's ship "Lcander."
Two last crews arrived at Nagasaki . .
47
s;
To i»r H M«ntT ..
18,
Protests and de|>osilions from " Ariel," " Willie
McQowan," and ''Kosie Olten." Trausniits
Incloanrcs in No. 25, for presentation to Russian
Government, «ith instructions
i"
98
Sir It. Montr .. ..
I«,
Note from M. Chichkine, stating that ere«a were
kindly treated. Has asked fur information as to
loralities of seiiures
<5
VJ
AdmiraltT .. ..
19.
Telegram from Her Majesty's ship '■ 1.4'ander.''
Remaining crew arrived at Yokohama and lefl for
.
t , ■
Vaneourer .. ..
il
[6041
TABLE or C0MTIKT8.
iU
M*.
I'SK.
," and " |{o«ir
rrpurtiiii;
iiiforinatioii
1
1
■(1« .
1
Siigurilt thai
rrc'«» »rc in
'asp tliould br
2
iiifian GuTrrn-
iiMrurliunt to
• .
•1
1 rihaw" crrmt
rrireiit furllier
• •
4
iirthrr wiiiirr*
\Iaje«ly'» (Jo-
5
in llip KuMian
5
I'Affairrt, «!io
sliin^ rIoM lo
5
IVlropavlnvtk
•prcsrnlations 1
6
6
lio proiii'iMsl a
raiire lliat tlip
tipatnu'iit
t
ii\lo\»k. To
4
• • • •
s
romisfd inime-
s
nniitfd a strict
at allrcid ill-
i'|>ral('il ..
ipiiiied vitit of
'J
..
1.1
inki ..
13
'' Amrriran
n . .
1.)
Icr" lo I'uro-
>rlirr nrrptioo
14
Count Kapiiitt
• • ■ •
Jj
liicliLinc (ttt
. •
IJ
as to visit of
So. 17)
U
1 " I.c.iiidcr,"
onr Anieiican
• • ••
13
affidavits in
' Ariel," and
ill-lrratmrnt
i>ation should
■ ■ • .
\i
) " Leander."
i ..
47
rii.| •• "Willii.
Transmils |
on to Russian >
..I
at crrns were '
ormation as to '
p " I-4andfr.''
na and left for
SO
SI
S3
S3
Name.
43
53
Ai
51
S6
ColoDial Office ..
» It • •
To Sir R. Morier ..
Admiralty i.
Sir K. Morier ..
Colonial Office
To Sir l{. Morier..
Admiralty ••
Colonial Offic"
Sir l{. Morier
To Sir R. Morier . .
Admiralty .i
Sir U. Murier
To Sir R. Morier ..
Sir R. Mur'.er
(Tolcgraphir)
To Sir R. Morier , .
To Admiralty ,.
Sir R. Morier
Colonial Office
To Sir R. Morier ..
Sir R, Morier ,.
To Sir R. Morier . .
Colonial Office
Date.
Oct. 19. 1893
30,
32,
19,
21.
35,
Nov
Dec,
Jan.
I.
4.
23,
30,
20,
12,
17.
16,
21,
27,
28,
29,
29,
?0,
4, 1893
C,
24,
Feb.
Mar.
8.
2.
8,
10,
SUBJCCT.
Despatchei from Canada, inclosini{ correipondenee
with nriti«h Columbia .Sealers' Association and
Minister of Canadian I'riTy Council .. ..
Seirure of boats of " W. I'. Sayward.' Tranreiiti
affidavit .. .. .. .. ••
Locality of sriiiireF. Approrcs note to M. Chich-
kine ini|nirin|f as to (see No. SH) .. ..
Cruiie of Her Majesty's ship •■ Melpomene." Report
from Captain Parr. Cordial relations between
Kiitisli ond American naval oSecri. Newa of
reiziires by Knssian cruiiers .. ..
Artirlu from Official (iiiette rpspcctin|{ seiiurci.
Il denies alle|rt>d ill-trealment, but admits seiiurea
took place outside 3-niilv limit .. ••
Distance of seiturcs from shore. M. Chichkine haa
forwarded to Sir It. Morier a French translation
of article in Official Oazrtte , . .
.Sciiure of b.iain of " W. I'. Sayward " and " E. B.
Marvin." Transmita affidavits .. ..
" VV. 1*. .Sayward." Transmits affidavita (Inclosure
in No. 31) ..
S<-ixutc of " Maria" and "Carmolile." Letter from
Commander of Her .Majesty's ship " Leander,"
transmitting slat?menta of captains .. ..
lioarding of " C. H. Tupper." Transmita despatch
from Canada with particulars. Vessel was 09
miles from nearest Ituasian territory ..
Note to M. Chichkine, dated 39th November, pre-
senting adidavila, and stating case for considera-
tion oi' Russian Oovernment . ..
■' ('. H. Tuupcr." Transmits Colonial Office letter
of 30th ^o\cir.b-r (see No. 39). To point out to
liussian (iovernment that vessel was boarded
59 miles from nearest Russian territory
I'rocpi-iiincs of Her Majesty's ship "Leander."
Report hy Captain Castle of facta ascertained
at I'etrnpnvlfivitk respecting seiiurea .. ..
Cases of •• W. I'. Sayward " and " E. D. Marvin."
Note to M. Chirhkine inclosing affidavits
Cases of " .Maria," " Carmolitc," and " C. H.
Tupper." iNolcs to .M. Chichkine inclosing
affiilaiils ,. .. ,.
Interview with Rusnian .Ambassador. Have expressed
hope for an early reply to liritish representations
Hai urged that matter may be pushed forward. It
iit to le referred to a Special Commission . .
Approves notes presenting affidavita from " Maiia,"
" Curmolite," and "C. II. Tupper" (see
No. 44) ..
Approves note to Russian (iovernment respecting
" W. •». Savward " and " IJ. ». Marvin " (see
No. 43) . ■
Visit of llcr Majesty's ship "Leander" to Petro-
pavlovsk. Suggests approving Captain Castle's
prncecilings . . . . . . . ,
Extract from " Official Messenger," giving details
as to seizures, taken from a Vladivoitock news-
paper ..
M. Chichkine's reply to Sir R. Moricr's notes of
39th Novemlwr ond 16th and 31st December.
Information asked for, and answer will be sent at
soon as it is received .. . . ..
Despatch from (lOvernor-General of Canada, in-
closing sworn statements and claims lo compensa-
tion on behalf of owners of vessels " Carmolile,"
" Maria," •• Itosie Olsen," " W. P. Hall,"
"Ariel," "Willie McGowan," and "Vancouver
Bello" .. .. .. ..
Transmits above-mentioned affidavits and atate-
^ menls, for presentation to Russian Government..
Note addressed lo Knssian GovemrocDt in com-
pliance with instructions contained in No. 93 ..
Approves terms of above-mentioned note . ..
Seiiure of '■ Vancouver Hcllc." Additional paperi
forwarded from Canada, including Russian docu-
ment, which ap|>ears to be copy of an order for
confiscation of veitel .. .. ..
Riga
61
as.
67
67
60
62
63
69
69
73
75
78
79
84
86
86
86
86
87
87
67
88
68
110
III
113
119
«■
It..
TABLE or OONTBim.
No.
Nime.
Dale.
Subject.
Page
«7
ToSir R. Moricr.. ..
Mar. 15, 1803
Trantmila above. Ineloturei to be eomnuDicaltd
to HaMian Gorerament in addition to thoie
already tent . . . . . .
lis
M
EUrR. Moritr .. ,.
29.
Inoloium in No. S6 transmitted to Kutiian Govern-
ment at initruclod . . . .
II&
m
Mr. Howird .. ..
May 9,
Convertation aith M. Chichliinp, who italed that
Commitiion had completed their cxaminnlion, and
••
that reply of Kutiian Government would be teat
'
very shortly
lie
i
.; {
; I
A !
j T 1 1 > r.i
Pig*
1
■oniinuDi«atfd
1
on to thoM
V
• • • •
lis
>■
iiian GoTf rn-
• • • •
IIA
» lUIrd tbtt
X
minntion, and
K
lould be leot
B
• • • •
lie
1
Correspondence respecting the Seizures of British Sealing Vessels
by Russian Cruizers in the North Pacific Ocean.
No. I.
Admiralty to Foreign Office.— {Received September 1.)
«p AdmirnUy, September 1, 1892.
I ' I AM commanded by my Lords Commissioners of tiie Admiralty to transmit, for the
Jlnformation of the Secretary of State for Foreign AfTairs, copy of a telegram, dated the
fist instant, from the Commander-in-chief, Pacitic Station.
I am, &c.
(Signed) EVAN MACGREGOIl.
Inclosuro in No. I .
Rear- Admiral Hotham to Admiralty.
Victoria, B.C., September 1, 1892.
schooners "Ariel," "Willie McGowan," " Ilonie Olsen," seized by
i< ^.kinUa " nnrl xlTntilf " QAtIt tn 9Ntli .Tiilv. dewii hmuifht here bv
(Telegraphic.)
BRITISH o — ,
Russian cruizers " Zabiaka " and " Kotik," 26th to 28th July. Crews brought here by
American barque from Petropavlovsk.
An Amencan schooner was also seized.
No. 2.
Foreign Office to Colonial Office.
Sir, Foreign Office, September 2, 1892.
WITH reference to the telegram received by the Admiralty, and forwarded in my
better of yesterday, I am directed by the Earl of Uosebery to inquire whether any other
information has reached the Colonial Office in regard to the reported seizure of five British
lealing-vessels by Russian cruizers off the Copper Islands ; and 1 am to suggest, for Lord
Ripon's consideration, whether it might not be desirable to request the Canadian Govern-
nent to telegraph any news which they may have received.
I am, &c.
I (Signed) T. H. SANDERSON.
No. 3.
Colonial Office to Foreign Office.— {Received September 6.)
tSIr,
Downing Street, September 5, 1892.
I AM directed by the Marquis of Ripon to acknowledge the reccint of your letters of
the 1st* and 2nd instant relative to the seizure of Canadian sealing-scnooners by Russian
cruizera.
I am to request that you will inform the Earl of Rosebery that Lord Ripon has
telegraphed to the Governor-General of Canada for particulars respecting these seizures,
on receipt of which it will be necessary to consider what steps should be taken by Her
Majesty's Government.
I am to point out that if the facts are correctly stated in the public press they have a
bearing on the arbitration now pending with the Government of the United States.
I am, &c.
(Signed) EDWARD FAIRFIELD.
[604]
InelMing No, I.
No. 4.
Colonial Office to Forrlyn Office. — {Received September 14.)
Sir, J)iiiriiinij S/,rel, Septemlier 13, 1802.
NVITfl refm'ncc to tlic letter from this Doparlnu'iit of tlif otii in^tiiiit, I urn dircdi |
l>y tiic Marquis of lli|i()ii to traiixniit to you, to lie laid hoibre the ICarl of Hoschcry, a
copy of a tdcjjrnni from the Oovcrnor-Ociicral of Cmnda respcctinj^ tho liritisIiColuinhi.m
seallng-vcsscis scizwl hy the Rii-siaii-i.
Lord Hipou dtsircs mc to su;;!,'i'st, for Lord Rosuhery's consideration, that incjuiiy
should he made of the lUis^ian (ii)Virnment as to whether thu cicws of tiie scalers aiv
detoined in prison, and, if so, that their inniiediatc release should he asked for.
I am, &c.
(Siuned) JOHN UilAMSTON.
/U
Inclosurc in No. 4.
Lord Stanley of Prenton to the Mnnjuis of Ripon,
(Telegraphic.) September 13, 1892.
REFKRRING to seizure of sealing- vessels hy Russians, Minute of Council furthec
says families l)clont;in;j; to the crews of seized vessels rcsi<liiig in Nova Scotia are distressed
in co»sc(iuence of capture and detention of the men. Reports iiuiicate that they are in
prison or sutfcrinj; on the Siberian coast. Anxieiy is intensified, as tew vessels frciiuein
Russian ports. My (iovernineiit recjuest information as to the condition and treatment ol
captives, as well as presentment of strong protest against interference with British subjects
outside of ordinary territorial limits.
No. -).
Colonial Office to Foreign Office.— {Received September 14.)
Sir, Downing Street, September It, 1892.
WITH reference to *' letter from this Department of the 5th instant, I am directcii
by the Marquis of Ripon lu transmit to you, to he laid hcfbre the Karl of Roschery, copies
of telegrams from the (lovernor-Cjiencral of ("nnada respecting the seizure of Britisli
sealing- vessels hy the Russians in nehrini; Sea.
I am at the same time lo trausmit a copy of a Memorandum from the Admiralty,
stating the distances from the nearest Russian territory of the positions where these vessels
were seized.
I am to remicst that you will c;dl the attention of Lord llosehery to the despatch of
M. do Giers to Mr. Ilonhiaii of the «ili (-JlHIi) May, 1882, printed at p. 202 of the United
States' White Hook, \'l\. Doc. lOl!, II. 11. l^»i),* where it is laid down that th',' prohibition
of hunting and ti~liing in the l!ussian waters of the Tacitie extends "strictly to the terri-
torial waters of Rutf-ia only," and to suugc-t tliat llie attention of the Russian tiovernment
should at once he called to the matter, and that tlievshuidd be intormed that if thi'
* .1/ i/f (lien to Mr. Ilujf'maii.
(Transl.nlion.) MiniHvij ij Fuieian AlfUirs, AsluUc Department,
Sir, /»f«y 8 (iO), 1882.
Hpt'i-rritij; lo tiie oxcliniij?o of coniniiiiiic.itiuiii wiiieli lias taken piaco lu'twj'cn us on \\w dubji'i't of a Notit.'
))ul)liilie(l t>V our Contul at Yokiileinia relative to linliiii;;. to iiiint'iii.'. and to tr.idc in the Kiissian \vati>i'4 of llu'
Pacific, anil in reply to tlie note wliifh joii aililicsed lo tin-, daleil loth ('i'lh) Murcli, I am now in a position to
give you the fullipwiii^' infoiniatioii : —
A Notice of llie tenoiir of that aiinexcil to your note of the 1.5th .March wai, in fact, piiblislied by our Consul
at Yokohama, and our Consui-tieiieral at .Snn I-Vniici-co u also au'liorizcd lo i)ubli*li it.
This ineayure refers only to pi ohiliilccl inlintiie-; and to the liade in contraband; the rentrictlons which ii
estiiblislies cxlcnd strictly lo the lorrilori.il watcm of Itmsia only. It wa< rcqiiirfd by the numerous abiisc-i
proved in latf yoari", ni' 1 which fi II wiili all their weight on the popnlaliij!! of our scaihoiu And of our islmi.l-.,
whose only means of itipport is by (Isliinur .ind ininliii;'. Tiieso abini'< iiifliitc 1 also a marked injury on tlu'
intcrcstti of the Coni|iaiiy to which tiic Inpcrial (iovcrniiiiMil !i.id conceded the uionnpoly of lishiiiir, liuntin:
("exportation"), in i?l:ind« called the ■' Conimodtire " ami fiie '•Seal!'."
I'lcyoiid thin new Up.;(ilation, of wliicli the es>entiil point is the obligation imposed upon captains of ves<iis
who desire to fish and to hunt In the lliiisian .(ater> of ihc I'liili^' to pr i\idc llunisidvcs at Vlaihvoslock with \hf
permission or licence of the (iovcnior-O'-neial of Oriental .Siucria, the r.jht of fishiiijif, huntin(f, and of trade l.v
foreigners in our territorial waters is regulated hy .\rticlo SCO, and those folio.', inj^, of vol. xii, I'art 2. of the Coli'
of Laws.
Inforniinir yon of the prcccdin^r, I have, &u.
'Sipned) (Jikiis.
8
mhrr 13, 1802.
nt, I nm dircftcl
I of Hoschcry, a
Jritish Coluiiibiiiii
ion, that in(|iiiry
)(' the scalers iiic
I for.
URAMSTON.
nberin, 1892.
Council furtlar
tia arc distrosscd
that they arc in
' vessels frc(|ueiit
and trontrnent ol'
1 British subjects
)
iber 11, 1892.
It, I am directed
Roscbery, co|)i('s
zure of British
the Admiralty,
ire these vessels
the despatch ol'
i2 of the United
th».> proiiibitiou
y to the ferii-
an (Joveniniciit
led that if {\w
Ilk Department,
tihjcct of a Xoticv
siaii watcia of \\w
low ill a poiiiioii I'l
ilicd by our Consul
strictlons wliirli ii
mimcroin nbii»i<4
nil uf our islmiiU,
ki'il injury im lli.'
)f fishiuir,' luuitin,
^npl.'iius of vpmi i<
iilivoslock witli III.'
r, and of trrulo In
art ?, of the Coil'.'
r^irtlier informatiun confirms the statement that thei>e seizures were made outside the
irriturial waters of Russia, Her Majesty's Government have no doubt that the CJovern-
rcnt of Russia will ut once release the vessels, and compensate the owners and crews for
^tl loss and injury sustained.
I am also to suggest, for Lord Rosehery's consideration, tiiat tlie Russian (lovcrn-
r.tent should be asked to telegraph such instructions as will prevent their oiiicers making
/urther siaiilar seizures.
^4 1 am, &c.
(Signed) JOHN BllAMSTON.
Inclosure 1 in No. ft.
Lord Stanhij of Preston to the Mnnitiin of Ripon.
"(Telegraphic.) .September Tt, 1802.
MINISTER of Marine, Ottawa, has received telegrams from Collector of Customs,
Victoiia. to ed'eet that Russian eiui/ers seized schooners " Ariel," " Willie McGowan,"
and " Rosie Olscn " ab;)ut 40 miles (rotii Cnpinr I>lan(l, Russian side; also one American;
all taken distressed. Crews, eiphly-four men, arrived X'ietoria the 31st Auijust by sailing-
OsVessel from IVtropavlovsk. British Coinmbia .""'ealers' .Association fear more seizures by
Russians; express anxiety for (listre-sid crews; few vessels hcfinentin^ Russian ports;
fear long detention and liarsl) treatment unless ulieved. I have telegraphed for statutory
declaration or atlidavits in support of above.
'i Inclosure 2 in No. 5.
'*' Lord Slaiilci/ of I're-slon ti> the ^[llrt|uis of llipoii.
(Telegraphic.) September 6, 1892.
ilKI'KRRINCJ to my telegram of the r)th September, Minister of Marine informs me
that he expects aflidavits daily.
Inclosure 3 in No, 5.
Lord Stanletf of Preston to the Marquis of Ripon.
(Telegraphic.) (Received I'ieptember 9, 1892.)
QUEBEC : Following telegram receive I from Minister of Marine : —
" 1 hive just received from Collector, Victoria, following telegraphic synopsis affidavits,
Russia seizures, Behring Sea :
"'"Willie McGowan," of Shelburne, Nova Heotia, Daby, master, twenty-three
crew, seized by Russian cruizer " Zabiaka," the 18th .July last, latitude .')2° 50'*
north, longitude 107" 50' east, south from Copper Island, vessel and outfit, and
Beventy-six skins, taken to I'etropavlovsk by prize crew, there contiscated. .Schooner
/'Rosic Olsen," of Victoria, Keef, master, crew, six wliites, sixteen Indians, seized by
jRussiau Fur Company's steamer " Kotik," commanded by Governor of Behring Island, on
4thc 2(ith July, latitude 54° 24' north, longitude 105° 40' west of Uehring Island,
877 skins landed at Behring Island, vessel and outfit taken to Petropaulovski, there
tconfiscatcd. Schooner " Ariel," of Victoria, McLeod, master, twenty-four crew, seized by
Russian cruizer " Zabiaka," on the 28th .fuly last, latitude 54" 10' north, longitude 107° 40'
£east, south of Copper Island, 207 skins, vessel and outfit taken to Petropavlovsk, there
iconfisealcd. Distressed crews of schooners returned to this port by barque " Majestic,"
^from Petropavlovsk.'
f "Aflidavits will, follow; am preparing oflicial Report to your Excellency; meantime,
' Bcud present information."
I)
OiKIIS.
Inclosure 4 in No. 5.
Lord Slaidey of Preston to the Marrjiiis of Ripon.
(Ttlegraphic.) ^ {Received September 10, 1892.)
FOLLOWING telegram received from Prime Minister thi morning, inclosed in
letter which bad been delayed for a week in transmission : —
• See note on Inclofur« 6. ■.<,!•■ i
[504] B 2
■i^
" American barque ' Majestic ' arrived hero yesterday from Petropavlovik, bringini;;
•ixty*nino whites and Indians, crews of tiirce Victoria soalerk seized in open sea 30 miles
firom land off Copper Island ; two B<:hooner8 seized by KussiKn cruiser, the other liy
Commercial Company's steamer • Kotik.' Schooners towed to Pctropavlovsk ; crews
state that they were landed and led on beach without shelter, bein,,- allowed 7 cents per
day for food, and hiilf-clotlied, crews' clothin;; hiiving l)cen looted by Russian cruizer.
Russian Cnptnin informed tiicm that lu; would seize nil schooners, whether sealing within
1 or l,0(K> miles from Copper Isliind, and started out again with intention of so doing;
affidavits written in Russian, but verbally translated into Knglish, stating that they were
sealing in Russian waters, were signed by sealing captains under protest, when threatened
with banishment to Siberian mines. Board strongly protest against seizures, and request
that immediate steps be taken for relief of crews of other schooners now scaling in Asiatic
waters, and liable to similar treatment ; winter approaching, and men, if not rescued, will
probably perish.
(Signed) " TuoUAS B. Hall, President,
« BritUh Columbia Board of Trade**
Affidavits for which I asked have not yet arrived.
Inclosurc .'> in No. 5.
Lord ainnley of Preston to the Marquis of Ripon.
(Telegraphic.) (Received September 12, 1892.)
FOLLOWING tclcgn-tm received from Minister of Marine toKlay:—
" Collector of Customs, Victoria, telegraphs me affidavits re seizure of three schooners
by Russians forwarded yesterday. Since arrived sciiouuer ' Annie C. Moore,' reporting
seizure of the boat 'Marvin,' one ' Sayward,' three sealing boats seized; crews taken
prisoners by Russians."
Inclosure 6 in No. 5.
Memorandum.
"WILLIE McGOWAN."— Latitude 5'2° 50'» north, longitude 167° 50' ea«t =
103 miles from nearest Russian territory, viz., Medni, or Copper Island.
<'Rosie Ols<!n."— Latitude £4° 24^ north, longitude 16fi° 40' east a 33 miles from
nearest Russian territory, viz., Behring Island.
"Ariel." — Latitude 54~ lO" north, longitude 167° 40' east ea 25 miles from nearest
Russian territory, viz., Medni, or Copper Island.
(Signed) T. W. TIZARD,
Assistant Hydrographer.
Admiralty, September 13, 1892.
No. 6.
The Earl of Rosebery to Mr. Howard.
(Telegraphic.) Foreign Office, September 18, 1892.
FROM intelligence received from Victoria, British Columbia, it appears that the
"Willie McGowan," " Rosie Olsen," and "Ariel," British schooners, hove been seized at
distances of 103, 33, and 25 miles respectively from nearest Russian coast by Russian
vessels " Zabiaka " and " Kotik."
The captured vessels were towed lo Petropavlovsk, and the crews, who have reached
Victoria by sailing- vessel in a distressed condition, assert that they were put on shore and
left on the beach with insudieient food and tlothinir, and without shelter, and that
the captains, under threats of deportation to mines of Siberia, were induced to sign, under
protest, affidavits stating that they were sealing in Russian waters.
Further captures of sealing-vesscls are now announced, and apprehensions are
entertained that the crews are imprisoned, or exposed to hardships, on the coast of
Siberia.
You should at once call the attention of the Russian Government to these reports.
ir the circumstances are as stated, Her Majesty's Government do not doubt that they
will at once set the vessels and crews at liberty, and that compensation will be offered.
* CorrMtad ia tAdavit (io Colouial OfBo* of OoloUr 13, No. 35 in tbii collection) to St" M .
ae
wl
of
-f
-I
kvlovak, bringing
pen sea 30 miles
!r, the other liy
pavlovak ; crcwn
ivvcd 7 cents per
Russian cruizer.
er sealing within
ion of 80 (loinf;;
; that they were
when threatened
ires, and request
icaling in Asiatic
not rescued, will
ient,
ird of JVadt."
ler 13, 1802.)
' three schooners
oore,' reporting
d; crews taken
67° 50' east =
33 miles from
!8 from nearest
ydrographer.
er 16, 1892.
xiars that the
been seized at
ist by Russian
have reached
on shore and
ter, and that
to sign, under
ehensions are
the coast of
these reports.
ibt that they
>e offered.
fler Majesly'H (jovernnient trust that, in ony case, instructions to prevent ony similar
laots will be sent by telcL'nipli.
ir it seeinij unlikely that vessels will be immediately released, ascertain, na few vessels
'frequent the Kiissiun |>()rts, wluit steps can be taken to insure the humane Ircatniont of
^>the crews and their cxiicditious conveynnco to Victoria.
1 In a iiole wliieli M. tie (liers addressed to the United .Staton' Minister in 1882, and
''which Im published by the United .States' (iovernnient, be expressly slated that the notice
of prohibition of tisiiini; and buntin^ in Ukholxk and Uchring Seas applied strictly to the
"territorial waters ol Russia only."
In M. <le (iiers' note of the I4tli June last year respecting tho modm vivendi in the
' Bcliring Sea, the same principle was admitted by him.*
' No. 7.
Colonial Office fo Fore'ujn Office. — {Received September 16.)
Sir, Downing Street, September 10, 1892.
WITH reference to the letter from this Department of the 14th instant respecting
the sci/ure of Hritish sealing-vessels by the Russians in Behring Sea, I am directed by the
Marciuis of Ripon to transmit to you, to be laid before the Earl of Rosebcry, a paraphrase
of a further telegram from the Uovernor-Gcneral of Canada, urging Her Majesty s Govern-
ment to take iniinedinte steps to relievo those British subjects who have been illegally
taken from their ships, and such other necessary measures as they may think advisable.
I am, Sic.
(Signed) EDWARD FAIRFIELD.
Inclosure in No. 7.
Lord Stanley of Preston to the Marquis of llipon.
(Telegraphic.) September 16, 1802.
WITH reference to my telegram of tho 10th instant, respecting the seizure of sealing-
vessels by Russian cruizers, you will sec that further arrests of British subjects and
seizures of British property have occurred. These proceedings may be expected to be
repeated, as there probably are a large number of tho British sealing fleet in that portion
of the Pacific where these acts of molestation have been committed. My Government
earnestly re(|uest that Her Majesty's Government will take immediate steps to relievo
those British subjects wlio have been illegally taken from their ships, and that they will
adopt such other necessary measures as they may think advisable.
No. 8.
Mr. Howard to the Earl of Roaebery. — {Received September 16.)
(Telegraphic) St. Petersburah, September 16, 1892.
li;,", AS I wos unable to sec M. Chichkine, I communicated to Count Ka|)nist the
substance of your Lordship's telegram of yesterday's date respecting the seizure of
Canadian scalers by a Russian man-of-war. His Excellency replied tliat the Russian
Government had rceeived no report of any kind on the subject, but promised that the
; proper authorities should be coMununicated with by telegraph to furnish full details. It
:was impossible, he said, to know what ha<l taken place or what would occur until the
I details of the iinridcnt were received, but he thought that probably these Canadian sealers
>had been seen fishing in territorial waters, and that they had been seized beyond the same
after having been chased.
No. 0.
The Earl of Rosebery to Sir R. Morier.
Sir, ^ ^ ^ Foreign Office, September 20, 1892.
THE Russian Charge d'Affaires informed me to-day that he had received no inlbrma*
tion with regatd to the seizure of Canadian sealing-boats in the Bcliring Sea by Russian
• 8«e " UniUd Sutcs Ng. • (1893)," No. 87, p. 68.
imp
cruucrs, altliotiiflt lio iKlic.'!! tiicn.! wa» U'lcgiMphic luiuimiitication hctweeii St, Pcd-is.
burt^h nntl IVtr<i|miil(H'HV.i. Hi- had, lu>««'vt'r, coiiriultc'l the Nuval Attailit' to li^c
Kiiiliii!!>sy, will) ftn'cii Unit, it Ij' itii; tiio liiicdiiiu; st-asou, tlu^ liouts must liavi- taken tin-
ttcals cIdmu to tiii' xiioro ; Unit ^ii.tt (ii'pjcJiitiDiis iiail Uww made on tiic youD^ si-aU liiiiii:;
i: e Inst :-uasun ; tiv 1 tli.it In- siinniM-it t!'u caplutx'^ liaii ucciiircd in cunHLuiuoncc of tliu
rccklci»ff const tidliing.
I uni, ^c.
iS\^l^c^\) llOSiillKRY.
No. 10.
h'orriijn Office to Admiralli/,
Hir, I'uieifjii OJfive, Seftlmhrr 20, 1S02.
I AM dircclcd l)y Wm' Kail of Host-bory to tninnmit, (or the infcnination of tlic l.anU
f"iiiiiiiii«sii)iu'rs of tlio Aii'iiiralty, copii'fi ut' liU'u'i'am-* wliii li liavt; liccn nfiivi'd I'loin lh<'
liov( irior-< ii iirnd ci" Canada ii :<|i(( tiiiir I lie nciztii'- ol liritisli scalin'.'.-( hooni'is hy lln!.!.iiiii
vci!ii>"l* in hi liiiin,' Sea.*
I? v.ill lu' SI iMi that tliisc M'izui'iJS are nlL-jfcd to hasi; l)it'ii iircclfd ont'^idi- tlic .'Unnlr
territorial liniil, and that tlic crews oi' the ve^-^els are said t(i have h*. n sjltjictc I to siveri'
trentmi n!, Ajiprelnii-iioii- ar<' cxiirt'o-id iis to what may hcfdl tlioce oroth.ei vc-»eU whiiii
are r<'|i<iiliti i > have Imo -uIh', ijUi iilly eaplmcd.
I aUo tiannnnt |).Ha|ihaM>h ot t» Ic^'rajihu; eorreK|ion(len(T with Fler Majests'i* ('har^'i'
d'Atliitu >; at St. !Vtcr'-hurj;h,f I'roiii whieh it apjuars llial the Hu-«m;wi (iovirinnent have
no ihloroiation on the Nuhjecl, hut have jiroini.Hed to make impiiry hy tch-^iaph.
I am to n ipu'^t that yoti will niale to llic l.<ii'd:< ('onnm>sioner.-< that l.nrd Uosehei t
thinks it would he .t\ ailvanta;;c ii one ol iier Maje»ty'.'^ hhi|t.s, with a llu-^-iim iiiterpretn
on hoard (il' one van he obtained), eould vi'«it IVtropavlovok in order to make inquiry inte
tiie tai'lK svilh re::ard tn the Nei/ui'es. tu asctrlain the eonditaai ot' any nritinh ^elunen who
may Htill hv: detained there, and !o provide, if iieeexsuy, lor their relief and eonvoyancii <ti
a Hrici»h pmt.
1 ant, ice.
(Signed) T. Ii. SANDKKSON,
lu
AC
f
fu
re
tie
(ri
ai
th
VV(
No. 1 1,
The Hurl of llosrheri/ (n Sir U. Mmirr.
(Teleniapliie.) h'oreii/n Offirr, Seiilemhr 21, 1^02.
M\' ti I'-firani ot" i.^th "^iplendier: Hrifish M'alers hei/ed hy |{ii>.vii ni*.
Have yon r«'ei ived any an-wer to ymu" repreM iitations .•'
No. 12,
Sir Ii, Morier lo Ihe Eurl of Homlifrji. — {Rrmifed Septemhrr 2.'t.)
(Teleurnpliie,) &'.'. Prler^bunjh, Sriiteiiilivr i',\, lS)»2.
I'lIK arrival at Vladivo«toel< of the C unudian shipH whieh had l>een eaptured hy tin
Kn*»iaii. lor seal-hiuitin^' i> .mrounceil in to-day's new^paper^^, I have therefore reipiesteii
M. ('hi( hkine, ill a piivatc note, to linnidi uu a-, hoon an pi^sjide witli answer* to ihi
inipmie:* which .Mr, Howard made of t'oont Kapiiiitt on Friday laxl, and have aUo iitkt d
him to let me kuiMv whether the loca! aullioritien have heen io' Juetud lo aliKtam from imeh
titutmcnt i\* has heen fomplain< il of hy the crcWH oi thu HCHlcm in the evt lit ut any lurthei
I ipturi s heiiiK luach-.
On the Ket'ipt if thi-* note M, Odeiikinv immediately callid ou me, and the re»uh
<»f our coiiveruiilion wa^ as follows :— •
\Vc Mi^reed not to di.itnHii the internaliunul ijuciilion until uii uxacl account uf wlud
* lucloMtrt'i ill Sot. 4, i, itail ?.
f N«f, U Willi a,
*
tWi'Oll St, l*(l('|!i.
AUiiilic ti) il^o
tiiivf taken the
)t!ii^ seiils lining'
^<c(lllt■llcu uC tl'ia
c.
IlOSiillKKY.
»hrr 'JO, T<02.
itii) of the Lorili
I'fi'ivi'd lioiii till'
(JIU'IH 1)V llu>>i«;,iii
%(! tiikin i.lacc Imd been laid licforc us. With respect to the ilMreattiient wincli,
'■',|l(T()nliiif,' lo tlieir stuteii\ciits, the crews of the eapliircd veHsels had siittercd, and to the
ils-^ne of iiiHiniitionn tor iireveiiliiiir the re(;iirriiue of such Irciitiuenl in tlur event ol
rfurlh.r seizuns lii>* Mxci llenev reiiimlud that the Minister ol" Nhuine had nidi-nantly
:||-eim(liale.l the i.lva that olIiCiTs oC tlie l{ii>siiui navy ruiihl have netcd in the manner
'de^eriliea hv th>' ncw^, thai he would in-tiiule a Miueliini; ini|uir.\ lo ..niv. at the
trulli as rciiaids the eonduct of the i.Hieirs, hut that it would be an insult to the h)ea
BUihoiilies'l.. srnd tlieui in>tru(tions to ahstain IVoin ku.Ii olllnees. V\ tins I observed
thai uhal niv <;o\einnHnt diMivd w.is to leel avMurd thai the .suboidinule h)cal olhcers
,) would in no ease eoinuiil muIi ael^ lunaHer is llius,- whieh they were nceused by the
crews, fwuld his i;x<elleiiev K'^i' ">^' »" asMiranee in the name ol tiie IinpermI (JovV'""*
iiuiit that, in ease other vissels weic Seized, such acts would not take phiee. M. C'hielJ-
iiine 1,'ave this ansi. ranee without he-itation.
DuriiiK my conversation the luuyu. [;e used by M. Cliiehkinc was of the most
conciliatory natiire. and tliere can be no doubt tliat he wished the cjucstion settled ni n
friendly spirit.
iitsidc the .'Uniiif
ilijccte I to scver>'
hei ve^M'N whiili
Wajests's ('har;'i'
iovenunenl have
1(1 .iph.
It i.iird U<)S(>ber\
issiim iuterpreln
lake iui|uiry iuti!
tish scikuien who
td conveyanc<: in
: No. 13.
* Ml. llvrlvil to llir I'liiil of liosflin!/.~-{tifCiii<r(l Spptrmber 2fl.)
Uly I,(,i(i, \fiiimil, lihotlv Ishtnd, Sritlemhrr 115, 1KU2.
1 II.WK IIk- lionour to inclose ail ariielc from the " New York 'limes" (Demoeratic)
it) regard to llic ii'cr«l hci/iircs near CopiH'r Uland by tlic lIuvHian cruizer "/al)iaka."
Till' tioverinueiil iM-wspiipern have !)cei\ idto-ether silent upon this question, ami !ho
few Demoeratic papi is whieh have mentioned the subject appear to be nt a loss to know
tvhat line to liike in regard to it.
I have, &c.
i (SiKiied) MICHAEL H. UEUHKRT.
\Ni)KKS()N.
Iiiclosure in No. \'.\.
Krlrnrl from thi- '• AVm' York Timm."
I- I 21. 1MI2,
••»■)
'»r -i.'l, 1S1L».
iplui«'d by the
elore ivtpietited
in.Wei-t lo till
.ive iiIko atked
liiHi from liucli
111 any luithei
111(1 the lesuji
un( of wlhii
iiiiii n,
Tin; •• Z.viiiaka'h" Skikuukm. — The all-impoviant feiUuie in the recent captureH of
tlic \ icteria -I :iliu'.'-ve -els " l<0'»ic OUi n,'' .\iiel," and "Willie MetJowan," and the
8aii lian'.i»(.i helioiiUcr ''('. II. \' liile,' is the place it wli'di those eapturc'^ were made.
The Hu'-sian cniiz.r " Zabiaku " i- said lo have sei/.ed lliini at a distmiee of |0 or .')() miles
l^om the CoMiinander Islands; and ullowiiiK for any exnu-ueiatioii by the an^ry innriterb
jnnl crew- i\lio have lelurned lo \ nioria (V'lm I't trcp.ivli.vsk, whither tlieir vessels were
. taken lor eonlise.itiou, it eaii hardly la* >pu-tie,ud ilin! 'h' eaiitures oceuired far hevoiid
:the disthiiee of a iiiarim leamie Inuu ((iissiaii lerritoiy. The (t<!Vii!»or of Uehrini;
|Isl,uidtnok pa'l with the Imu' ( ompaiiv's steamer "Kodiiik" in the " Zabu'.k<i's" crui/e,
fwliilc liic Captain ol tlu- lall<'r vessel u >.|iid to have a-serteil the juiiMlietion of Itussiij up
»to the Wiil.r buiindaiy ol the 'J'tvuty '-l \^iu made with the I'nileil Sides.
w§ I his, of (Kiir-i. is u iiomI ck-nient in the H lii'in;^ Sea (pn"<iiiiii. The capture aiid
conlisciition of Kealin.u-schooiiers bv UuMsia me not new, but they have not hitherto, wc
slbeiievc, hi en of ii Hort to create flie indiunation now inan'''-ted. In other wiads, they
ahave Ikui eiiptnres o| predaloix' vcsm Is trnillv ol iiiidini; i.|hiii the Kussian seal rookeries
■ithi-iii-elves, i lie ,\i lericim ••cliooiicr ".I, II. I.eixis," eaptu ed liixt vear li\ ilie Kii^siaus,
iV"'" " v'lcian poacher on both s.des of the sea, and in l''*^;' had been warned by the
.; " Kii-li," but had Kuecenstfully conci alcd the skin?* idie hud on board at tlie time. On
,;^, •not her nccasion she wa- i hii«ed mid boarded hv tlm lliis.i m steamer " .Me.xander," wliile
rlioMiimr near Copper Island, liit iiuaiii csciiped *. i/.un', \.nA veiir, in eompimy witli the
''.'^.111 l)n','o" and the " deiievii," she affaiii bet'iui opeiMtiiHiH around Copper Ikind.
[Acd idiiiu lo the aieonnt hioneht bvllie"S.iu l)iv",'o," a treat number ol bo;ils landed
|fiMM iIk'so biwI other vessels, iii;tl on two succe'tsivc days raided llie rookeries on
llie island, kllliie,' linndredH of senU. On t!ie >eeoiid dav the Kusxian izuards fiicd
on Ibein while ihiis eni^a^ed, iukI attcrwaids, when tliey hail escaped to their M'hooiiem,
Ithe Hnxsiao truizer "Aleut " ehn»ed thciu and captured the " l/'wis," which was sent lo
ck for confiacation. The Aincrioiin scliooncr had been seized beyond the
■Mwine lengue, yet m view of the facts just referred to this did not seem a clear assunip.
tiwt of ^nMlicrton tj^yond that distance, hii r.itiicr thi< pursuit and capture of a lawless
«Mwl gpitty of M\ fxtrcmt-ly pave ottcncc. In the presotit instance, however, if it
In rorrocfiV rcporr<<r*, tho captures were jnn<le so fir from Hehrin;; and Copper IslumJu,
which constitute tin- ' ominunder ';rotip, as to rnisi i ilillertnt (juention,
There i« «till a tis^i'iility that ihv i ipfurei! craft had bion actually r.iiding the
Russian isl.MidK uml ImH Wen unniedintr!" ptu^u'.ii iiiid ciiptured at a distance not so
grt-ai Utercfri'Ui a» »Im" ,;irrt in former years Kii-^ia's practical claim to jurisdiction,
as d*'f''nfl< -i br seizures, ha* b<'cn cxtencicd to Ti, or even, accordinc to one report, niiU-s
from Iter conirt-Hnr. Tin" "C. II. While" is, we presume, tlio American schooner
of that nanx* whose hoain it^m fired upon ilnring a previous season while atteniptiiii;
to land at Copper IsIuimL At they tiien entered what are un(|ueslional)ly Russian
waters, i! is easy to »uppM» t4itit th- y nwv iiave attempted the same thing this year.
The captured i-rews of thm and tlie oth«-r Mchouners -.ould probably adiuit nothin
that might riivert puUir ayMjipathy from th^ni, whatever olfenees they may have been
^ilty ol. The ItK-ts tr the 4NMm> will prubiihlv only eoiue out when the formal liritisli
pMteM .tnd claim lor daim^^^s axi ' mhW Ut Kuh!<m. and the latter country replies. Kor tlie
pfcwcnt, However, the stMtementM' went 't ttkow ..n intent on the part of Russia to asscK
yiriadiet^kfi overall tlie wat<-r» whwt ot' •,'*• Jridty lioinidary of 1^1)7. which runs midway
ix'tw*' '-land >>!' .Vttou iind f 'k^^pcr l><la««i. \\ hethcr this is u claim to absolute
Hovin I. r the waters, on thf " ci.i^-d tea'' theory, or only to that moditieii
jurisdieti . -^ lir purpose ol ]>rotectinir .seal life which Mr. Miainc has tried to establish
in the eaxfen *«H of Uclirinj; Sea, caiciof p>* l»^ determined. Hut the " Zabiaka "
incident uppcai' " n\ark a new stapr in tlie ••.<Mi(#nver8y. For, wheix'as hitherto this
controversy has .K^'Vely coo' trncl only (-.•■i» Rritaiii and the United States, Russia,
suggestively relrsunm/ from .loy trmw^ wl\icl' could he objected to by the former,
now seems to be entering the lists (Ki the sitie of thf United States. It is perhajis
fortunate for the peace of the reffion Ihtrt the news »♦* the seizures reached X'ic-taria only
near the end of the seulinu: sear-on. Of course, live Washington authorities would
have nothing to say against Ruiiia's doing preclaely wiiat thev have long been doing and
•till claim the right to do. Out the iiritisTi Oovernment might feel hound, in the absence
of an agreement with Rustio, to send a cruizer to the w,.'itern portion of Htdiring Sea to
orevent other seizures, were it not thot the present ^enso.. is subitantially over, or would
be over before Hehring Sea could be reached. Hetween now inn. >pening of the next
season there will ho a chance for oflieinl correspo idence and perlt.i,. .ic outcome may he
a tuoilun with Russia similar to that which was etfectci! with our country, pendiii^ tie
■ubmission of the whole subject to arbitration.
kn
M.
M<
eoi
No. 14.
The Rnrl of Itosebeiy to Sir R. Morier.
(Tilegrnphic.) FnrMon Offict, Si-plrmhr 20, 1R1>2,
INrOK.NI Russian novcrnnienf that in conserpience of !,'reot anxiety felt l.y lainilie-
of iirilish Cohiniliian sailors who arc embarked on sealm;^-s(;honuers, we are ordeiiiu; llir
Majesty's siiip " Leander " to proceed from Hakodate to IVtropavlovsk. in order to luak'
nrrangements for the return of any seamen of captured sealers who may he awnitin
shi|/ment.
This is the more necessary as we understand that flic port is but little (rc(|uenteil.
Ask that the Commander may receive all necessary facilities from the Russian
authorities.
No.
^fr. Ihwnrd to the Em I of Hn!iehery,-^{Rrreh>9d September .30.)
^fy l.ortl. ^ SI. Peterghurijh, September 17, IM)2.
M. < illCIIKINK V s engaged yesterday aflernoon, so f!ount Kannist rt^eeived me,
and I hande<l to him a i.araphraMe ol your Lurilsliip's telegriun respecting the sri/.un* <il
sized beyond the
II a clear assunip.
pturo of a lawlcsj
V, however, if it
I Copper Island",
iiiilly r.iiding tiio
I (iiHtiince not so
M to jurisdiction,
He report, 9 miles
iiericitn scliooiut
while attoinptin^'
tioiml)ly RuH«iaii
thing this vein.
y adir.it nothiii
may hove been
e formal Hriti>li
eplies. Kor tlic
Russia to assert
licii runs midway
laim to ab.solute
that modified
tried to estuldisli
the "Zabiaka"
:as hitherto this
1 States, Russia,
by the former,
It is pcrhajis
ed \'i'.-torio only
ithorities would
; been doing and
I, in the absence
Hrhriiig Sen to
r over, or would
n'mg of the next
)utC()me may he
ry, pending the
British sealers by Russian cruixers.* His Excellency said that, although he had seen the
hiSi! mentioned in the press, no reports ol any kind had been received on the subjo't
jfcroni the Imperial authorities ooi;eerne.l. Me ^^ls sure tliat the facf", whatever tiicy
inipbt ix', musit be exaggerated, ebpeeialJy as ref;!ird« tlie threat respecting the Siberian
Oiines; he nould, however, tulegmph to the propi-r authorities for full ilctails, and let mo
knuw the result.
I said that surely sealers could not be eeixed at the distance named from the coast, ns
M. <ie (iiers liad informed the United States* Minister in May and June IH82 that the
prohibition to hunt and Hsh (>nly applied io the territorial waters of Russia, and that his
£xcelleney had virtually repeated the same statements in his communication to Sir Robert
jMorier of the Nth dune last year. Count Kapnist re|di.>(l that he was no lawyer, and
eould not therefore otfer a legal opinion on the f^nbjeet, ulthough bethought that I was
probably correct in this particular ; and that, although there was but liltli> use to discuss
natters the details of which were wanting, he would point out to mo that the telegram
only mentioned that the sei/m-es to<)k place at certain distances from the coast, and it was
quite possible that the sealers in (|uestion had been sighted poncning within territorial
waters, and after being chased had eventually been seized at the distances named, although
he doubted the statement as to the Kl't miles, lie Ihen spoke nt son\e length on the
•ubjeet of the poaciiing propensities of the sealers, and cited the case of two vessels eau;,'ht
In the act of poaching last year, of which < .0 had, atler capture and while being towed
by the Russian erui/er, escaped during a storm to Yokohama, where the case had been
■Bade the subject of a judicial !U(|uirv by the British Assistant Judge; and he added thai;
the pafieis in this ease Jiad been sent o M. do Staal.
I said that, if the sealers had 1 een guilty of poaching, it did not seem to me to be
Vtual t(/ imprison them, and I trust'.-d that tliey would be released, properly cared for, and
ODnveyed speedily to Victoria, as there were but lew vessels trading with the Russian ports
in that region, ('oinit Kiipnist ans\%ered that it was impOKsihIe to know what the sealers
bad (lone, and (hat he eoidil not say how lliiy (.mid in; sent home. 1 replied that thev
fluuld certainly not he turned out on the shore, as it was alleged had been done in tlie ease
of (he crews of the sealers who had arrived at Victoria, and be told to swim to Hritish
Colambia or get there as best tiiey could; surely they might be conveyed i)y one of the
RusHan crui/.ers.
Ills Excellency, after stating that he doubled the crui/ers being availalde for such a
purpose, irmarkcd that I scenud to consider tin- case in a very serious liglit ; and on mv
Bplying that I certaiidy Ihoiiiiht it a serious one, and that he could see by the Ich^jraiii
had hnniled him that your Lordship was evidently of the s.mie opinion, he sai(| that it .vas
ipossihi.' (or him to inform me of what could or would he done until the Reports of the
lu'-sian authorilie* had bee 11 it-ceived ; und that all he eould now state officially was that
iomplaint havii,.: been preferred, the Imperial (Jovernnient would intjuirc nito'thc same,
^TMi rtindd eomnnmicate the result td' such intpiiry to me at tiie earliest possible date.
I have, Siv.
(Signed) IIKNRY HOWARD.
n 20, 18!»2.
felt l.y lamiljes
e ordering Fler
order to nnike
»y he awiiitin-
(re(piented.
in the Kussiaii
)
'r 17. IS1I2.
( rtceiicd me,
the H'. iziire .it
No. HI.
Sir H. Moriri to thr Hail nf Itoarhfrij. — (lifrfired Seiilemhtr .'10.)
y •'•"■''» SI. Pilnsliiiryli, .S"( /,/, m'<r; L'.'l, ]H\)-2.
ON receipt of ytnir Lordship's telegram ol (ixt 'J\»l instant, in«piiring win Iher any
Inswer had yet been received to the representations made hv Mr. Howard in reh'renee Io
llie seizure of Hritish sealers and the Ircnlni'iit of tin ir ercAs at IVtrop.ivlovhk, I thought
|t right to ascertain heyon(i a doubt how l.ir lehgniphie eomnntnieation extended, mid
^liellur It Mils phvsieally |iossihle fonin answer to have luen received. As I had exptetui,
the telegraphic wire doen iml exti tid to I'elroj.avlovsk, hut (udy t(. Saghalieii, and it was
dear that it would take man> days before a reply cotdd be obtained from the lormer place.
This mi/rning. however, the Russian newspoja-rs announced ihu arrival of the inur
•hijis— thice Itiitihh ami one American at Vladivosfock lioin iVlropuvluvsk, 1 pe.i.id-
Ingly iKhhfssed to M. Chichkim, whon. I had not yet seen, the private letter of which I
liave the honour to transmit n copy I crt mIiIi.
His llxcellency called n|)on ine immediat.dy on the reeei|)t of this letler. lie said
he had just received my note, and was glad of the opportunity of at once having a talk
[OOi]
• No. 11.
■i
10
with mc on this incident. He said tliat, supposing the seniers liad hcen capttirud in (lie
open Hi'D, would not the Russian cruizcrs have been iiistiHcd if they iiad ciui^ht tiicin
in flayrante deliclo in tenitoriul wntcrf, and |)in'siiod tlicin tiicncu into the open nch
until they uvcitook and captiuTd titcni ? li you delected a buiKlnr in your house,
■aid hitt Exculleney, und lie rughed out by the window, could not you follow him into ihv
street nnd Iny hands on him there? 1 said this helon^eil o the Kide of the (|ueHtioii
which hud to deal exclusively with tlic rules of inleniiiti >nai law whicii ^{oveined tlu'
aubject, and that I thougiit it would be perfectly useless io enter upon this tiidu of the
queation until we had all the facts of the sevcnd cases in an oiKciul and authentic tonn
before us.
The point of immediate importance was the alleged treatment of the crewg of the
ships by the oiKccrs in command of the capturing vessels. 1 was {terfeutly ready to admit
the possibility of exaggeration. It was in the nature of things there should be such, and
from previous cases of sealing troubles in tiioso waters, I was aware what very hnnl
swearing there could bo on botli sides. In the present case, however, the nundier i/i
witnesses was so great — eighty-four in nund)er — and composed not of British subjects only,
but of Americans ulso, that I could not resist tiiu conviction that they must have been
treated with exceptional hardship, and what appeared inhumanity. M. Chiehkine then
said, "M. I'Andtassadeur, you who have been aMioii;;st us tor so many years, can
you honestly acrusc the Russian people of inhospitalily and cruelty?" I said nu.si
assuredly not. 1 ri'garded the l{uF<Hi,u)s as the most te.ider-lKurted and hospita'ilc
race in existence. I had had exce|)lionfvi opportunities ot jud^in.^ of these ndmiralilr
(|nalities, and the dark ncord of my countrymen's sullerings at I'etropuvlovsk wm"
lighted up by an cjii^oile which boro an eUxpient testimony to thene very (juiditiis
iiomc of them would have starved but for tlie kind-heartedness of some poor mujilv,
who shared with them their black bread and salt tish. This was the universal characlci
of t!ie Russian mujik, but it was not necessarily that of Russian ollicials trusted wiiii
unlimited power in out.of-the-way places beyond reach of supcrv'-ioii. Whati v, i
may bnvo been tliu amount of huidship whicli the ships' cre>.» may have suil. iiil.
the point of immediate interest was to make sure that the etcws uf the ships whi( Ii
hud been announced as having been captured and ahoiit to be broni:ht into Russin.i
ports shoulcl not be subjected to similar tieatmet<t. I had c(iiise(|Ueiitls received uri;eiit
telegraphic instructions from your l/)i'dship to learn whether the uisU expressed liv
Mr. Howard to ('ount Kapnist, that instructions should be sent to tin- local aiitluritii^
which would ubsolutely preclude the re|)etition of such treatment (n<>snmi lu; the account
given by the crews to be true), hud been complied with. ILs Kxcellency said he \ui\
not yet got an answer from the .Minister of .Marine, but that he knew that Adminil
Tchikhutchotf had declurcd himself profoundly hurt ("lesc") ut the idea of sendiiiu'
instructions to olhcers of the Imperial navy to abstain from ucls of barhitrism mil
iidiumanily. He declared them incapable of such eomhiel, and to aH^ninc that tliry
were capable would be to iiihuit ihein. I iiiistTved In thii that I i|iiite uniieisliiod In-
Kxcelleiiey's feelings, which diil hiiii honour, hut that these teclinus cuuld li.irdly h
ex|H'cteil to satisfy I ler Majesty > (iovernincnl, who eMuiilained on what st-eiiied sati>-
factory evidence of parfienlar nets o.' inhumanity coinmitled by certain commissionr i
otheei's of the Iinperiid navy. .M. ('hie'iKine said that Admiral 'IVliikhatcholi wouli
institute a searching und mvcic ini|i<iiy into the cniKiiiet of the ('uninanders of thi
" /abiaka" and " Kolik," but thai this wai-' a very diti'erent thing froin assuming ibeir
guilt, and Imsing a geiierni instruction upon it. I said I was (piite ready to admit thi>.
and that as long as Her Majesty's (iovernment ohtaincd the certainly that Ihitisii subjeei'-
would run no risk of being again similarlv treated, it would he inditi'erent to them how thi^
certitude w.is ohiiiined. 1 s;;iii, '• Would your Kxcellency, lor instance, speaking in ll:i'
name of the Russian (iovernment, give mc the positive ;:ssurance that, always supponiin;
that harsh and inhumun treatment had iiecn exiresetl, there would be no repetition of it ''
M. ('hidikiiic iinhe!<itatiiigiv gave me tiii>; a^^ulalue,
To prevent the pox>iiiility nt any mi -.undei standing, I said I would send him the exact
lurmd III t!.e telegram I should send to your LMi'd»hi|i on the tuhjeet, and I have tli.
honour to inclose herewith • ojiy uf thi. pisvale letter which I have addressed to lii-
tlxcelleney this evening.
I hIiouI i add that on my asking how h<oou i< woultl hu likelv thul the iinpiirv woiiM
eunnnence in regard to the proceedingi> of tiie oruiKers, M. (.'hiuhkiue answered tiiat thi
was extrei; cdy uncertain, as the " Zahiuka " and " Koiik " liud, iiniiktidialely alter brin^'ii.'
the caiilured sealers to Nludivostoek, put in m'h again.
ilis Excellency in the couiNf of conversa'iun siiggcKlei! that he thought it would h' >
UM'liil and friendly act on behalf ul (he ihiti^h <!overnment to publish a severe u.n'ning t
1
to
•I
In
an
n capttii'ud in the
liiid cnu^lit tlu'iii
iito tlie open sci
• ill your liouso,
illuw liim into the
L! o( tll«! (|lie»tl()l|
licli <;ovfrn("(l the
tliiti Hide of llie
d autlicntic torin
tlio crewg of the
tly ready tu iidinit
juld be Kucli, anil
) what very linnl
T, tlio iiundu'r ki
lisli 8ul)|ectH only,
y inuMt have Iuhu
I. Chichkine then
many yt-urs, can
'?" I Haid ini.si
I and hospitalili.'
iiiL'sc! iidniiralik'
t'lr<»|mvlov!sk wa*
m: very (jnalilits
)nit' ])oor innjik<,
liviTsal cliaractci
cials trnstt'd wnli
*i<)n. Whuti'Vii
ly have sull. nd,
tiic ships whicli
plit into iln<>sia.i
y received uri;ent
sii expiesHcd liv
U>cal until )ritii^
li It; tlie nccount
ney said lie lui I
w that Adniiriii
idea ot' sendiiii;
l>ail)''riHni an I
-'iniii- tliat thcv
UIKici'stddij i||>
could hiu'diy li
it siTiiicd Hati<-
II ciininiihHioiiiMJ
-.hatcholf woiiM
inunders dt' tli>
asHuinin^ duii
y to admit thi>,
Mritish Kuhjc(i>
II tlieni iiow thi-
^peakinn '" ''•''
ways suppiihiiii;
•epetiUonof it '"
d him the cxuH
and I liave tin
ddiis.scd (o 1,1-
ii' ini(niry wmihi
'«fli(j tilUt till
ly alter hriiurii .-
III It would ll :
•vpie warning !
11
ritisli sealers aprainst tisliinj;: in Rnssinn territorial wnters. I said I iiad every ri'iMon
;o hel -ivc that this was done in a most conscientious and tinnoiiii^h manner, no scaler heing
lllowed to leave a IJritish port without heinj? warned to strictly abstain from taking seals
' Vithin the distaiiee of M miles from any Uns»ian island or coast.
^ ' I have, &e.
* (Sigi-ed) II. U. D. MORIER.
Inclosurc 1 in No. Mi.
.Sir R, Morler to M. ChUhkim:
M. le Conseillcr Prive, Sir,nl-l*elershounj, If 1 1 (23) Srplembn; IHO'J.
y\l'l*HKN.\N"!' epic les vnisscaux Am:lais captures sous Ic pretexte de sVtre livres a
lo chasse des otaries dans des eaux rej^ardees par la Russie comniu territoriaU?«, soul
jprrives de I'ctnipavlovsk a Vladivostoek, j'ai riionnenr de vous informer que j'ni reeu de
iiioii (JonvcrneiiRiit nn telej{i amine urgent me mandunt de in'euquC'rir quund le Gouverne-
Bunt Imperial sera a inr-nie de (hiiner les exnlications deinandecs par le Coiiite de
Moschery duns le teleH;r.<niine dont Mr. Ilowanl a laisse copie avec le ("omte Kupnist
Vendredi, le 4 (|(i) dernier. Vladivostc ck etant en coniinnnication telci;raphi'|ue avec
Baint-IVtcrshoni'i;, il me iianiitrait (pi il n'y auruit pas de ditlieultds ii ol'tenir des
rensei^niemcnts dans un href vit'lai.
.' sui" egalemeiil charge de prior votre Excelkiuv de hieii vouloii me dire u,
flTapri^s le vteu cxprime par Al. le (-omte di; Itosei»ery, h's iinlruetions nceessaires ont
4tiJ eiivoyees pour tmp^cher la repetitioi de proecdOs parcils i\ coux dont, ecIou les
donnees fournieH par les Equipages des vaisstHux captures, ils auraient etc victimcs.
.le veux 'lien esjHMcr ipie votre ICxccIIol'cc aic iiiettru i\ ni5me de tt^le{;raphier it mon
CSouvernement line ■(^■poiise i'a:*suruiite ii cc.> deux (pie.^tions. L'anaire, telle qu'elle se
kresente actnellement, a un asipjct grave ct si'-rienx, mais jc lie |)ui8 doutcr que lo
Uoiivernement Imperial lie |,artage I'cspoir dt t;elui de Sa Majeste, ijue cet incident, uprAs
kxainen im|iartial, se trouveia exagcre dans ces details, et ()uc, (|uaiit aux principes inter*
Ijatioiinnx qui paraitraieiit s'y titn' m^l<5s, il n'y aura pas de difference entre la maiuun; do
voir des deux Gonvcrnements.
Veuillez, &c.
(Sigiie) H. M. I). MORIER.
P.S. — Jc prierai votrc Kxcellcnec de bien vouloir fixer I'lienrc a laquelle je [loiirrnis
Die rciidre au Miiiist(>re Ijundi. .('attends des instrnetioiis impurlaiiies de mon Gouverne*
BJciit par le couuier qui arrive Dimanc'ite, el il m'imporle d'avoir le temps iieccajftiie de
pri^parer nies leponsus pour mon courrier (pii rctournc Jcudi.
R. H. D. M.
Crraiislution.)
^l. Ii: Coiiseill.r -"rive, ^ ,S7. Vvtersbunjh, Septrnibpr U (23), 1SJ)2.
, HAVIX(i licard that the English vessels which were seized on suspicion of having
LMi cni;a!;ed in nwdiiig in waters renardcd by Russia as being territorial have arrived at
ladivi.stocl; Iriim IVtropi.vlovsk, I have Ihe honour to inform you that I have received
n iir-jent leh gram from my (iovernincnt directing me to ascertain how soon the Imperial
\)verument will he in a position to give the cxplaiiationb ■.%liieli were asked lor by the
on
ication
■Infiinimtioii within a short space of lime.
i am likewise instructed to a-k your Excellency to Ik rood enough to tell niu
whether the mcessary iiiNlrnctioiis have been h>iit, in I'lursuaine of the wisli expressed by
iLoil Rosebery, to iiieveiit the lepdifiou of such acts as those of which the crews of the
TCaptuicd vesselH are staled, in the evi.ience siipplicil by them, to iiave been the victims.
;i ' ••"'' 'I"''' y«iiir lAiolleiiey will enable me to send a rcassining telegram to my
^♦Government in reply to tliese two questions, 'i'he adair a« it now stands bus a grave
'"'"' serious M-pect, but I c, )l dou'.l that the Imperial (loveriiment sbaics the hope of
l^'Jiat ot il<r Majesty, that the details of this incident will prove, alter im|)ailial examinii-
ti to lie exaggerated, and that there will be no divorgeneo of view betweiii the two
government wil! lie iii a position to give the cxplaiiationb ■.%hieli were asked for by tl
alarl of Uosebery in tbi! Iclegrum of wliieli Mr, Howard left a copy with Count Kupnist c
I'ridiiy, the Itli (Kith) of (his month. As Vladivostoek is in lelcgrai i.ic eommunicatit
^with Si. IV'tcrsliuigb. Il seems to me that there would he no dillieullv in oblainii
-m
[m\
f'ii
it
GuveriimcoU a» to tbc principles of iiiternationni law which would seem tu be involved
ialt
I have, &c.
(Sif?iic(l) K. U. D. MORIEK.
P.S. — I kboukl be ;»lad if your Kxccllcnoy would kindly fix lui hour for me to conic
to the Miniftrr on Monday. I ex|)Cft important instructions from my {lovcrnnu-nt liy
(he nxttsriipiT who ;>rrivcs on Sunday, and it is dusirnblc that 1 should have Hufficicni
time to jircTanr oir aiuvt-rs i'or the mc88unKcr who goen back on Tluusilav.
' R. B. D. M.
Inclosurc 2 in No. IC.
.Sir R, Morier to M. C/iichkinc.
M. Ic ConH-iller Prire, Sti!nhP(fie,sbounj, Ir 1 1 (2.'») Sfplemh, 1892.
VOICI, coointe je tous I'ai promis, Ic texto du t(5l6i,'rii.m'iic (juo j'ai cnvoyo ii moii
Gouvemetueat |«our lui rendrc cumptc dc notrc conversation d'aujoiird'hui : —
" Ncu« cous jcmme^ mis d' accord pour ne pas disciitcr la (|iicKtion intcrnati<(n;ilt
ovant d'a\ T eoire Its mains iin relev<3 exact dcs faits qui out iii lieu. Quant ;iu
niauvais traiU-tncct qu'auraitnt.d'npr^s Icur rdcit, suhi lis ('l|uipa^cs di s vaisM-aux capture*
et I'envoi u'ln^kructions j>our prevenir, le cas dchi^ant, les roi (nivcile '. cnl* lU* parcilU*
nievure*. «-on Eicdlcncc remuri|ua (pie Ic Ministre de la .Marim- avait repousse avu
iiidi^nutioii Vidiv que dts ottieiers dc la Marine Rus.se aient pu agir de 1 1 manierc
di'crite j«»r I** ojuipa^c*, nunis (ju'il ouvrira une entpi^'te si'vi^rc i).iur aniver a savoir li
vrai kur la ctHiduite fie ces otticiers, mais que cciu serait une insulte aux autoiites loialc-
que dc leurenvoTcr des instructions de s'abstenir de puieils met'aits. Sur quoi j'observai
(|ue ce que luon &>uvcmement denmndait c'<5tnit d'obtenir la certitude (jue les oflicier^
»uliur<i(jniK'> l(xaux ne {>uurraient dans uucun cas se livnr (iaiis I'avenir a des proct'-iir'.
Mnd)|.jble» a crux «ju«; le* <;iiuii)Ui;es leur reprochaieut. Sou ICxetllence pomrait-rllc
me doiuK r, au nom du Gouvcrnement Im|)erial, russuranic que, dans Ic ens oil d'autrc*
vnisseaux seraicnt captures, de parciU precedes n'auraient pus lieu ? M. Chichkinc, eaii;
hesitation, doooa cctte auuraoce."
Agr^ez, &c.
(Signd) R. B. D. MORIER.
(Trouslation.)
M. Ic Conaeillftr PriTt, St. Pet^rsbingh, Septembfr 11 (*-;l), 1892.
IN accordance with my promise, I send you hciv)with the text of the telegram which
I dispat^-hed to my (JoTcrnmcnt reporting our conver'sation of to-day : —
" We agreed r.ht to diseuvs the international (jueslion until an exact account of what
had taken place had (teen laid before us. With re>pi ( t to t!)e ill-tieatment which,
acconiiiiL^ to tlx-ir *tatcments, the crews of tiu; captured xcssels hud sulFercd, and to the
issue of iD»trucliun« for preventing; the recurrence of siicii tn ntmeiit in the event ul
further f^izuref, bt» Kteellency remarked that the Minister of Marine had indignontlv
repudiated the idea tl.at ofticers cf the Russian navy couM have acted in the mcnntr
described by the creir», that he would institute n seachiiig inquiry to arrive »i the
truth as regmrdf the conduct of the officers, but that it would be an insult to the local
authorities to Mrod tl>cm initructions to al)stain from sucli ollences. Upon this I ohscrvdl
that what my Government desired was to feel assured that the subui'dinatc local officer^
would in DO <s.«e commit such nets hereafter as tiiose of wliich they were accused by tlic
crews. Could his Excellency give me an assuraucj in the name of the liujierial Govern-
ment that, ii< c*«c other vt ssels were seized, such acts would not take place .* M. Chich-
kine gave tlii» a^iuraoce without hesitation."
I have, Ike.
(Signed) K. B. U. .MORIIiR.
Ml
he)
G{
I
5cm to be involved
. D. MORIEH.
•iir for me to coinc
y (lovrrnnic-nt In
lid liavf )9ufficiVni
av.
K. B. D. M.
rplemhi 1892,
'ni ciivo)o a moi,
sii : —
ion intcrnutionaje
lieu. Quant au
•aisM'niix capture*
cut-. (!(> imieilici
lit rt'|)()usso avu
ii" dc 1 1 nianiere
irivi-r a savoir k
: aiitorites loalc-
ir (jiioi j'observ;ii
(juc Ifs of!icie^
• a (Ics proct-do
lice pourrait-clie
tas ou d'autrc's
. Cliiciikinc, saiij
D. MOKIER.
.1 (•:.{), 1892.
: telegram wliicli
iccount of what
eatincnt which,
bred, and to the
n the event ot
lind indign»iit!y
in the nianntr
I nrrive hi tht
iult to the local
tliis I ohscrvvl
tte local office r-
acc'jscd by the
ipcrial Goverii-
c .' M. Chich-
MORIKR.
13
No. 17.
Sir R, Morier to the Karl of Roiehery.— {Received September 'M).)
Aly Lord, St. Peterxbtmjh, Septemhvr 27, 1«'J2.
WITH reference to your t('les;ram of the 2Gtli instant, 1 have the honour to inclost
licrewiih to your liunlt)hi|i a (opy of a note which I have tliis day addressed to the Ru.J8ian
Government, in obedience to your Lurdsiiip'a instructions.
I have, Stc.
. (Signed) R. U. D. MORIER.
I Inclosure in No. 17.
Sir It. Morier (o A/. Chichkine.
M. le Conseiller Prive, St. Petersbunjh, September 15 (27), 1892.
I IIAVI'i l)crn instrnclcd by Her Mnjesty's (Jovcrnment to inform your Excellency
lliMt, in consetjiience of the j;rciit anxiety felt l)y families of Mritisb Columbian sailors
embarked on sealing-schooners. Her Majesty's (Jovernuient have ordereil Her Majesty's
ship "Lcnnder" to proceed from Hakodate to IVtropovlovsk in order to iiiukc arrange-
ments for the return of any seamen of captured sealers who may be awaiting shipment.
This course is the more necessary ns it is understood that tiie port of Petropavlovsk is
but little frecpicntcd.
Her Mojesty's Government ask that the Commander of Her Majesty's ship
" Leander" may receive nil necessary facilities from the Russian authorities.
As it would seem difficult for the Commnnder to give the notice ot his arrival
reipiested by the Imperial (tovcrnment in M. Bout^nicfi's note of the 10th (22nd)
February, 1887, I have to express the hope that tlie present notification may be
regarded as that agreed upon ns necessary between the two Governments with reference
to ships of war visiting their respective ports.
I avail, &c.
(Signed) R. B. D. MORIER.
No. 18.
Sir ii. Morier to the Earl of Roaehery. — {Received October 3.)
(Telegraphic.) St. Petersburgh, October 3, 1892.
I AM informed in a note from the Russian Government that such of the crews of
the sealers which were captured Inst August who hiul not been already repatriated, and for
whose conveyance home Her Majesty's ship "Leander" has been dispat.'-.od, have been
sent to Nagasaki by the local authorities.
No. 19.
Sir R. Morier to the Earl of Rosebery. — {Received October 3.)
My l^)r(l,^ St. Peier.:hur(jh, September 27, 1892.
WITH lelcrence to corrcspciidencc respecting the recent seizure of Hrilisli sealers
by Russian eruizers in the Behring Sea, I h ui' not failed to endeavour to ascertain
what steps have been lakeii by the Auk rican (iovcrnmcnt respecting the capture of the
"Cap. ilorn Pigeon," whiih was seized some distance from Ishurup Island, at the mouth
of the Sea of Okhotsk.
The American Chargd d'AffaircH told Mr. Howard that he received a telegram from
the cajitain of the schooner relating the circumstances of the capture, and stating that he
had been landed on the shore near Viadivastock without food or shelter. Mr. Wurts
Immediately repeated this telegram to Washington, and has had no answer but a simple
acknowledgment of the receipt. He had conse(iuently made no representation respecting
the legality of the seizure, but had addressed a note to the Imperial Governmont on his
own responsibility respecting the treatment accorded to Iho crew. He avoided using any
it
«iu;li pliriiHc im i-rmlty or iiiluiin iiiily, Itiit iiitkcd thai lliu crow iiii^lit receive U(k'(|uiile
food iiiul ^tl(>ltl■^.
It wit^ evident tliiil Mr. W iiit.t did lu.l \\i»li to ;iiv>s ilu- incident, Uoubtks!< for liar
ot rinsing Honie luntiiilion wiiiih nii^lit lie iiuuiisiNlent wiili Anurican elaiinx aguiii«t
(ireut Mritain in the Itehrin^ Sea. lie i-aid he consideiid the Sia of Okiiot^k u m»ir
rlmmnii, heeauHC, though pail ol thi' KuriL IsIiuuIh were uecupied by Japun, that I'owir
hud signed a Convention willi IliisMia a^reeini; to cIohc tlie sea. lie ulso ttaid he did nm
inueh believe in the eaptain'ri eoiiiplaintH ol ill-trcatuient, lor if he wu» rettlly dvttilute liv
would nut have had money enough to send m long a telegram.
I iiave, &c,
(Signed) K. H. D. MORIEK.
No. 20.
.Sir H, Morier In the liiiil <>/ Uuin'lifii,. — (liirrln'd (hhiltrr 4.)
My I.oi(l, St. I'lhi.^huitjli, Ocltiltci I, 1M>2.
I !N(;f/)SK herewith M. ('liiehKim's reply lo my note, addre»«eil to hiin iii
romplian'.'e with your LonUliip'n tclei;t'am of ihe 'Jlilli idtimo, reripieting the visit of tlic
" Leander " to Petropavlov«k, ami my ik kiiovvlcd:.:mi nl.
Yuur Lurdiihip will perceive it is uf a very cuurteuns kind.
I have, ii:('.
(Signed) U. U. D. MOUIKU.
inrloimre in No. 20.
M, dilrhliiiii' to Sir U, Mnrirr,
M. I'.\ml)a8sadeur, l.i- \H (Ud) .s',/;/fm/./p, \W2.
A li.\ suite de votre note dii \!'i (27) de cv mn\*, je n'ai pas maiii|Ui'' d'informcr Ic
Ministiyre Imperial de !a .Marine epic Ic croisenr An;^lais le "I.eamlir" avail reeu dii
(iouvtrnemeiit Uoyai Itritamiiipie I'ordre de se remire a IVlmpavlovsk. Noh antoriteH out
ete inviti'cs a preiidn- tontes list meMiien nm-sHaires pour f.uilitei a ce baliment renlivf
dti port en ipieslinn et drs ordrcH ont ete t xp^dirs ti'let^'raphiipieimnt nn Commandniit de
niiliv tseadie du I'ueifiipii- a Vladivostock. 'I'outiliiis, ji- crois divoir pri'venir votiv
i'veellence .pie vu Tulmenec d'une ligne ti'legraplii(|m' allant jiixpi'a I'ttiopavlovftk et In
dit^ieulte deK communicalions, surtout (Ihiia eette sai^un de raiiiur, uii m.deiilendu derail
poKdilde dans le can oii le " Leander " m; prtWnterait devant eette plaee avaiit (pie wm
('ommandant eilt refu le>> orilres .pii lui oiil ete cxpi'dies. Celli.' e\eiitu;dili' n'nmnit eti'
tnlitVeiiiiiit rvitee (|Ui' par I'ai compiiH-i'mi i!l dcs ri)rmulilt'>i eommmiiipn't'H au (louveriu-
ment de Sa .MajeNte Kritaniiiipie par In note de i'Amba«sude Impel iaie ii Loiidix>» du
10 (2*>) Kevrier, 18H7,
.le fiaisis, iVe.
(Siijne) CillCllKl.S'i:.
('rranHlution.)
M. rAinlmMsadeur, S,-i,tfml»r is (;',0), T^IKI.
ON receipt of your note of the l.'iili (27lli) instant, I did not fail to infiiru) Ilu
Imperial .Ministry of .Murine that the ilnglisli ( rui/.er "Leander" had received ordii'
from the Hrilisli (lovcrnmeiit lo visit IVl pavlnvsk. Our autiiorilies have been rc»pie>i>ii
lo lake all the neccHiiury measures to facii >alu tlu; entry of tluM vessel into that purl, an I
orders huve been Kent by telegraph to the officer in command of our I'aedic Hipiadroii at
VladivoMtock. I think it right, liowevei, to warn your Mxeelhiicy that, owing to tlu
aliHence of a ti'le^rajih line to I'etropaviovsk, ami In llie dillicully of commuuieatiiig wiili
that pifiee, iM|M!eially ut this season of Ihe year, it is possible thai a misundei standing n .i)
nrime in cuhc the " l^eunder " should arrive otf the town before the ('omii>andanl lia><
i'ccuiv«d the oi-der« which huve lieun nent to him. This eontingoncy could only have been
entirety ubvialod by currying out the ibrmulitieH which were iiutiKetl to ller Hritaniiic
15
receive u(le(|uiile
loubtlcsj* lor t'ciir
II claiiiiii iigiiiiist
Okliotsk u iiiiiir
iipuii, that I'uwiT
) Huid III! (lid nut
luUy dcstituto iic
D. MOKIBH.
I.)
Itihtl I, lhU'2.
Dlicd to llllll III
; tlic vi«)t of liie
[). MOUIKK.
lemlnr, |H1»2,
ui< d'inlhrmrr Ir
avail rt'«;u dii
114 aiitoritifK (lilt
iliincnt IViitrir
'i)iMinaiuluiit (Ir
pii'Vi'iiir volii
(i|i:ivl()V8k rt In
U'lilciidii Ncriiit
aviiiit (|iie son
liu' irmirnit ('it'
» ail ( iouvcriu-
a Loiida'ii (III
lU 1 1 KINK.
(:'.0), im»:i.
to iiiloiui llu
rurivcd onid*
liL'cii rt'*|iie^ti il
that |iiii'l, aii'l
III' H(|ua(li'oii .ii
owiii<{ to tlic
lnllinttil|^' wiih
'inlitiidin^ II n\
iiiiiiiiiKJaiit liii>
)lll) IlllVC l)ttll
ller Hritaiiiik
'ajcHtyV (iovfrninont in the note of the lUth (2'2in\) Fi-bruary, I8H7, from the Imperial
Enibuo^y ill Luiuluii.
I avail, &c.
(Signed)
(IIKilKINK
No. V I .
I he Eur I of Rostbrnj to Sir li. Morifr.
jPlr. Forfiijn OJfirr, Oclober .'», lbl)2.
I ll/W'K RTcivcd Mr. Flowanl'it dcHpatch of the I7tli ultimo, ivcordin^ a coiivcritntion
wirilli Count KapniHt n-^pcriii.t^ !liu seiKUit* ol Mritish scaliTrt hv Itiissi an criii/.ertt in HchriiiK
Tlu; language held liy Mr. Howard to the Russian .MiiiintLM- on that occiiHion in
nppi'ovi'd.
I am, Sic.
(Signed) IU).SKHi:UV.
No. '/i».
Thf Kiirl of Rniirlirni to Sir R. Mor'n'r.
Fon-imi Offi'rr, Ortoher "», 1 802.
I II.WK ifccivcd vmir I'xce llcncv'K dispatch of liic Mid iillimo, icpurtiii'.; a coiivoN
Hklion which you have held with M. ('Iiichkiiii' respecting the sei/ciire ol Miilisli ^(alels hy
BuHMiaii cruizeri* in liehriiig Sea.aiid the tieatinenl ol their crews at I'etropavUivsk.
The liiiigua^c held hy your K.vccllciicy on that occasion to M. Cliiehkine ii« approved
jiy Her .Majesty's (Jovernineiit,
*I am, &c.
(Signed) IlOSKniCRY.
No. 2.'}.
f The Earl of Rosrbery to Sir li. Aforicr.
iir. ^ Fortiijn Offivv, Oclohvr 10, 1R02.
I II.WK received your despatch oltlio 27th ultimo, inclosing cony of t'lc note which
tou addresHcd to the lluHHian (Joverninent iiotilying that I Icr Majesty 'i Hhip " Leander "
Kad lM.'en oidered to proceed to IVtriipavli)v>l\.
'I'lic terms of your note are approved hy ller .\Iiijc!*ly'H Government.
1 am, &c.
(Signed) UOSKHKRY.
No. 24.
AdmiraUif to Forelyn Ofiirr. — {Hereiml Oclober II.)
Bii'i Admiralli/, Orlobcr 10, m02.
I AM coinman led hy my Lords CommisHioneiH of the A<lmiralty to transmit, for llio
Information of the Secretary of .'^tiile for Koreij-n AlFairs, ihe decvpher of a tclegiani, dated
IhiM d.iy, Ir.im th; Captain of ller AIiijcKty's uliip " Li.4i.(ier."
A simil.ir coinmniiicalioii has hecii made io the Coloni.il Ortico.
I am, SiC.
(Signed) liVAN MACGRKGOR.
Tirr
ifi
IncloRurc in No. 24.
Captain Castli' to Admiratli'.
(Tele«inpliic ) " Lnimler," at ll,ikodat< Ortober 10, 1602.
SKVEN schooners, six Hritisli, one Anierionn, seized lince July in Rchring 8ia,
nei^lihourliood Komandorski Island. Four crews sent iViuct Sound in the Aniericiin
bar(|uc " Mnjestic ; " one left in tiie scliooiicr " I'riz," late " Uosie Oiscn ;" rcmainin<; two
crews taken by Russian Admiral to \'iadivostock ; no portion of crew detained IVtro-
pavlovsk. Schooners' guns, papers, and skins all contiscated. Six schooners left lur
Vhidivostock wilh Hussiun prize crew. No seizures made in Okhotsk Sea. llussiiin
Sealin^r Company's steamer " kotik," with Governor of Komandorski aboard, seized oiiu
schooner ; others seized by cruizcr " Zabiaka," ri-ported cruizing otl" Heliring Seu.
No. 25.
Colonial Office to Foreitjn Office. — {Received October 13.)
8lr, nowniny Street, October ]3, 18J)2.
VVITFI reference to previous oorrcspondeiicc respecting the seizure of Britisli scidiii},'-
vessels in the North Pacific by the Russian authorities, I am directed by the Manpii'*
of Ilipon to transmit to you, to be laid before the Karl of Rosebcry, a despatch, and its
inclosures, forwarding adidavits respecting the circumstances connected with the seizures,
and other documents.
I nin aUo to inclose a copy of a Memorandum received from the Admiralty as to tiic
position of liie " Ariel " and " Willie McCiowan " at the time when they were sighted iincJ
seized according to the Protcu'ol drawn up and signed by tlie seizing otlieer and tiiu
masters ol the vessels seized.
It appears from these papers that neither of these vessels was within Russian terri-
torial waters when sighted, and therefore, even if tiiey had at some previous time engaged
in sealing within such waters, their jnirsuit and capture could not be justified according to
the acknowledged principles of international law, as it is not alleged that the pursuit was
begun whilst the vessels were still within the 3-mile limit.
The Regulations of 1883, under which the vessels are said to have been seized, arc
not anmngst the ])apcrs forwarded, but tUey are presumably the same as those of 1881,
which were repul)lished in 1882, and will be found at pp. 23 and 24 of the correspondence
presented to Parliament in 1890 respecting the case of the " Araunah."
The |>rohibition against sealing in these Regulations is confined to the Russiaa
coasts or islands, or within their sea boundary-line, and as already pointed out in the
letter from this Department of the 14th September, that sea boundary-line has been
officially declared by the Russian Foreign Minister to be the ordinary territorial limit uf
3 miles.
In view of these circumstances, the fact that the masters of the seized vessels were
induced by threats to sign a declaration that they were sealing within Russian waters could
not in any way justify the seizure of the vessels on the high seas, and as the masters did
not understand the terms of the documents, they were compelled to sign, and protested on
the face of it against any admission that they had infringed the Russian Regulations, it is
obvious that no weight whatever can be attached to these declarations.
It is to be noted also that though these declarations were accompanied by the
protests of the masters, no investigation as to the truth of the statements of the masters
appears to have been made by the Russian authorities before carrying out the confiscation
of the vessels which was decreed by the officer of the seizing vessel; though it would
appear from M. de Giers' note of the 3rd (15th) March, 1890, respecting the case of
the " A' lunah," that the confirmation of the Governor-General of the Amoor is necessary
to the Decree of Confiscation, and as the documents showed on the face of them that
the statements of the captor were not admitted, Lord Ripon can scarcely believe that such
confirmation can have been given without that careful inquiry and examination which
justice demanded.
The statements as to the ill-treatment of the crews of the vessels, to which the
attention of the Russian Government was called in Lord Rosebery's telegram of the
15th uUimo, are fully borne out by the affidavits now forwarded, and Lord Ripon cannot
doubt that when the facts are brought to the notice of the Russian Government, they will
tber 10, 1602.
II) Rehring 8rn,
I) the American
" rcinninins two
detained IVtio-
hooncra left Ibr
L Sea. Uussiiiii
luard, seized uiie
ig Seu.
17
will not foil to mnrk their sense of the cruelty perpetrated by their officers, nnd to
comrensoto fully those who sullered by it. . • •
The clninis for compensation which accompany these papers do not contain ony cinini
on this account, nor for the loss of the personal effects of the crew, but Lord Kipon
presumes tiiat Lord Rosebcry will agree with him that the facts disclosed as to the treot-
mi lit of tiic crews at the time of seizure, when on shore at Petropavlovsk, and in the
manner of their shipment on board the " Majestic," justify such a claim, and his Urdship
would suggest that the Russian Uovernment should be inlbrnied that such a claim will br.
made in due course. .... , ■ ,
I am to recjuest that I^rd Stanley's despatch, and its inclosurcs, which are sent in
original, may be eventually returned to this Department.
I am, &c.
(Signed) JOHN DRAMSTON.
f)/»cf 13, 185)2.
■ British sciiliiig-
by till! Maniiii'*
lespatcli, and its
•ith the seizures,
miriilty as to tlic
were sighted mid
; otlicer and tliu
in Russian terri*
}\is time engaged
icd according to
the pursuit was
been seized, arc
those of 1881,
correspondence
to the Russian
lUcd out in the
ry.line has been
rritorial limit of
zed vessels were
ian waters could
the masters did
lud protested on
egulations, it is
panied by the
of the masters
the contiscation
hough it would
ting the case of
oor is necessary
:e of them that
elieve that such
mination which
to which the
elegram of tlie
'd Ripon cannot
ment, they will
Inclosurc 1 in No. 25.
k Lord Stanley of Preston to the Marquis of Rifon.
My Lord, Citadel, Quebec, September 23, 1892.
WITH reference to previous correspondence relative to the recent seizures by Russian
cruizers of Canadian sealing-vessels, I hiive now the honour to inclose a certified copy of n
Keport of Council, dated the 2.'kd instant, to which are attached the affidavits referred to
fo my telegrams of the 5th and lOtli September, as well as certain other Annexes in which
the facts regarding the seizures in question arc detailed.
Your lordship will observe from the st.itcments set forth in these documents that
the crews of the seized vessels appear to have been treated with unusual harshness and
•everity.
I have, &c.
(Signed) STANLEY OF PRESTON.
Inclosurc 2 in No. 25.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency
the Governor-Ginerul in Council on the 'S3rd September, 18'J2.
ON a Report dated the 17th September, 1892, from the Minister of Mniine and
Fisheries, submitting, on the subject of the seizure of British ships in the waters of the
North Pncitir Ocean, that the circumstances attending the seizures were most fully set out,
and the question of jurisdiction referred to at considerable length in the following
Minutes of Council, dated respectively l.'Jth September, 1892, IStli September, lh'J2,
Mrd September, 1892, and 23rd September, 1892.
The Minister observes that the Minute of Council dated the 23rd September, 1S!)2,
;|Bdvised that formal adidavits on the subject had been obtained from the interested parties,
;|md were in course of transmission through the mails, and it was stated that, immediately
jinpon tlicir receipt, they would be communicated for tlic information of Iler Majesty's
|Govcriim( nt.
'■^ The Ministf r submits the following documents now to hand, as follows:—
i| 1. Letter from Collector A. R. Milne, of Victoria, Hritish Columbia, forwarding —
I 2. Note of protest, schooner "Ariel," sworn to before A. R. Milne, (."tli September,
1892, by John McLeod, master.
3. Deposition of Jos. Campbell Stratford, mate of the schooner "Ariel," sworn to
before A. R. Milne, 8th September, 1892.
4. Certificate of measurement of position of vessels when seized by Jas. Gaudin and
.T C Cox. (Chart retained.)
5. Claim on behalf of the " Ariel," amounting to 18,746 dol. 50 c.
6. Certificate of seizure of schooner " Ariel" by Russian officer.
7. Order for deposition of vessel, cargo, and crew by Russian officer.
8. Protest at time of seizure by master of the " Ariel."
9. Report " outwards," schooner " Ariel."
10. Extract from log-book of " Ariel," being certificate of Lieutenant Williams, of
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18
Her Majesty's ship "Daphne," that he had warned the vessel against proceeding to
Behring Sea for the purpose of taking seals under pain of seizure.
11. Declaration of .Tohn McLeod, master of schooner "Ariel,*' before Arthur
G. Smith, 5th September, 1892.
12. Declaration of James Campbell Stratford, mate of the schooner " Ariel," before
Arthur G. Smith, 7th September, 1892.
13. Declaration of Melville Collinson, "boss hunter" of the "Ariel," before Arthur
G. Smith, 6th September, 1892.
14. Affidavit of John Daley, master of schooner "Willie McGowan," sworn to
before A. R. Milne, Gth September, 1892.
15. Affidavit of Thomas F. B. Moore, mate of the "Willie McGowan," sworn to
before A. R. Milne, 8th September, 1892.
16. Certificate of measurement of position of vessels when seized, by James Gaudin
and J. C. Cox.
17. Claim in behalf of the "Willie McGowan," amounting to 18,546 dol. 26 c.
18. Report "outwards" of the "Willie McGowan."
19. Declaration of John Daley, master of the " Willie McGowan," sworn to before
Arther G. Smith, 6th September, 1892.
20. Certificate of seizure of "Willie McGowan."
21. Order for deposition of vessel, cargo, and crew.
22. Agreement with master of United States' barque " Majestic " for the transport
of the men of the three vessels from Petropavlovsk.
23. Protest of John Daley, master of the " Willie McGowan,'' at Petropavlovsk.
24. Declaration of Charles H. White, seal-hunter of " Willie McGowan."
25. Declaration of Thomas Frederic Bernard Moore, mate of the " Willie McGowan,"
before Arthur G. Smith, 8th September, 1892.
26. Affidavit of Michael Kcefe, master of the " Rosie Olsen," sworn to before
A. R. Milne, 6th September, 1892.
27. Protest of Michael Keefe at Petropavlovsk.
28. Report "outwards" of schooner "Rosie Olsen."
29. Claim on behalf of schooner "Rosie Olsen," amounting to 18,916 dollars.
30. Declaration of Michael Keefe, master of the schooner " Rosie Olsen," before
Arthur G. Smith, 6th September. 1692.
31. Declaration of John James Campbell, mate of the "Rosie Olsen," sworn to
before Arthur G. Smith, 5th September, 1892.
o2. Declaration of AVilliam Twoniey, hunter on board " Rosie Olsen."
The Minister desires to invite attention to the claims included in these papers on
behalf of the owners of the respective vessels as follows : —
"Ariel"
"Willie McGowan"
" Itosio Olsen ''
Dol. c.
18,746 50
18,546 26
18,916 00
The details of the seizures, the treatment of the crews, the hardships endured, and
the appropriation by the crew of the Russian cruizers of the property of the sealers, as
set forth in these declarations, do not differ from those already reported upon, and
which furnished the subject of the Minute of Council of the 13th September instant.
Tlic Minister observes that in each case the declarations state that the masters of the
seized vessels were informed by both British and American cruizers that while they
woild be seized if found in the Behring Sea cast of the line of demarcation, they
were not likely to incur danger to the west of that line in the territorial jurisdiction of
Russia.
The Committee, on the recommendation of the Minister of Marine and Fisheries,
advise that your Kxcellency be moved to forward a copy hereof, together with its
Appendices, to the Right Honourable the Principal Secretary of State for the Colonies,
with the request that speedy steps may be taken in the direction of previous requests
in this matter, and that representations may be made to the Russian Government with a
view to obtain prompt recompense for all loss and damages sustained, and an early settle-
ment of the claims herein advanced.
All of which is respectfully submitted for your Excellency's approval.
(Signed) JOHN J. MoGEE,
Clerk of the Privy Council.
hi I.;-
inst proceeding to
1,'' before Arthur
ler " Ariel," before
el," before Arthur
IJowan," sworn to
Gowan," sworn to
by James Gaudin
546 del. 26 c.
" sworn to before
for the transport
'etropavlovsk.
Dwan."
itVillie McGowan,"
sworn to before
116 dollars.
ie Olsen," before
Olsen," sworn to
1 these papers on
Dol. c.
18,746 50
18,546 26
18,916 00
hips endured, and
of the sealers, as
)orted upon, and
ber instant,
he masters of the
that while they
emarcation, they
iai jurisdiction of
le and Fisheries,
ogether with its
for the Colonies,
previous requests
jvernment with a
d an early settle'
Privy Council.
.»).?
P
^ Sir, Customs, Canada, Victoria, B.C., September 9, 1892.
I have the honour to acknowledge the receipt of your telegram of the 5th instant, also
a letter from Deputy Minister of Marine and Fisheries, requesting affidavits with full facts
of the seizures of the British schooners "Ariel," "Willie McGowan," and "Rosie Olsen,"
by the Russian cruizer " Zabiaka."
I beg to state, in compliance with your instructions, that I have herewith forwarded
aflidavits taken before me, and other papers in connnection therewith, also Chart, which I
have had examined by two nautical men, and who have certified to the distance tliat each
schooner would be from land when seized, according to the position given.
The Honourable the Attorney-General of the province, Mr. Davie, a few days ago.
also took some declarations from the same parties, which 1 have also herewith trans-
mitted.
To-day another schooner has arrived and entered, from the Asiatic side, the vessel's
name being the " W. P. Sayward," reporting three boats belonging to her seized by a
Russian cruizer, while the boats were out sealing at a distance from her ; this vessel
reji-^rts a catch of 900 skins, another vessel is reported outside with over 2,000 skins, also
from the Asiatic side.
I shall endeavour to place before you as promptly as possible all information available
in regard to the sealing industry.
At present it is an anxious time with our people interested, there being a large
number of our vessels on the Russian side of the sea, and it is feared there are more
seizures not yet reported.
I have, &c.
Hon. Charles H. Tupper, (Signed) A. R. MILNE, Collector.
Minister of Marine and Fisheries, Ottawa.
In the matter of the seizure of the schooner "Ariel."
Note of Protest.
On the 6th day of September, in the year of our Lord 1892, personally appeared
and presented himself at the office of Alexander Roland Milne, Collector of Customs at
the port of Victoria, British Columbia, John McLeod, master of the British schooner
"Ariel," official No. 88612, and registered at the said port of Victoria, British Columbia,
in the Dominion of Canada.
By the instrument of protest hereinafter contained :
Be it known and made manifest that John McLeod, master of the schooner "Ariel,"
belonging to the port of Victoria, British Columbia, doth duly and solemnly swear and
state as follows, that is to say : —
That the said British schooner "Ariel," a vessel of 74*49 tons registered tonnage,
sjhooner rigged, and having a crew of twenty-four persons, the vessel being tiglit, staunch,
and strong, well manned, victualled, and sound, and in every respect fit to perform the
intended voyage.
That the said British schooner " Ariel " was regularly cleared in due form at the port
of Victoria, British Columbia, in accordance with the laws of the Dominion of Canada, on
the 14th May, 1892, for a voyage to the North Pacific Ocean and Okhotsk Sea, and
having on board ballast and stores and hunting outfit.
That the said schooner "Ariel" sailed away under evevy prospect of a successful
voyage, that she proceeded to cruize on the waters of the North Pacific Ocean, pursuing
her legitimate hunting on the open ocean far beyond any limitation to hunting or fishing
on the open high seas.
That on the voyage northwards the said schooner "Ariel" was boarded by Lieutenant
Williams, of Her Majesty't5 ship " Daphne," who warned the master of the said schooner
"Ariel " not to enter Behring Sea eastward of the line of demarcalion as set forth in the
Order in Council, " Behring Sea Act, 1891;" that the said Lieutenant Williams, of Her
Majesty's ship "Daphne," informed the master of the said schooner "Ariel" that there
would be no interruption to his voyage to the westward of the line of demarcation, pro-
vidingthe master of the said schooner "Ariel "kept sufficient distance from the land,
which was understood to be 3 leagues.
That the master of the schooner "Ariel," being desirous of obeying the law, and on
the information conveyed to him bv Lieutenant Williams, after cruizing along the coast,
sailed away to the westward with the intention of entering Behring Sea to the westward ol
the lino of demarcation.
(5041 D 2
20
That the said schooner" Ariel," on the morning of the 28th day of July last, at 4"30 a.m.,
while lying-to in latitude Hi" 10' north, and longitude 167° 40' east, between 30 and
40 miles off the south-east end of Copper Island, Komandorski group, was boarded by
officers and armed boats' crews sent from tlie Imperial Russian cruizer " Zabiaka."
The officer in charge of the armed boat's crew ordered the master and crew of the suid
schooner " Ariel " to go on board the cruizer " Zabiaka," and the master to take the ship's
papers with him.
All the crew were turned out of their berths by armed marines with fixed bayonets,
and ordered into the boat of the cruizer " Zabiaka," with the exception of the mate and
one man, who were ordered to remain on board.
That in coming on board the cruizer "Zabiaka," the chief officer in command,
Captain de Levron, informed the master of the said schooner " Ariel " that he had
seized his vessel, and, in reply to the protest of John McLeod, master of the said schooner
" Ariel," that he was on the high seas, and outside any limits over which the Russian
Government had or could have any jurisdiction. Captain de Levron said that he would
seize any vessel with a sealing outfit, or even salt on board, if found within I or 1,000
miles from the Russian possessions.
That the said schooner "Ariel" was taken in tow by the said Russian cruizer
" Zabiaka,"' and on the early morning of the 29th July the towing-line of the said
schooner " Ariel " parted during a dense fog, and the said cruizer " Zabiaka " steamed
away for Petropavlovsk with the master and crew of the said schooner " Ariel," with the
exception of the mate and one man, as already menticned, who had been left on board tiie
schooner " Ariel," which, with a prize crew of nine men and two officers, the said schooner
" Ariel " started under sail for Petropavlovsk on the 29th July, arriving at that port on
the 6th day of August last.
That when the officers of the boat's crew of the cruizer " Zabiaka " boarded the
schooner " Ariel," their first act was to haul down the flag and trample it on the deck.
That shortly after coming on board the cruizer "Zabiaka," the master of the said
schooner " Ariel," John McLeod, was ordered to sign a paper written in Russian and
translated into English by Captain de Levron, the substance of which paper as
translated by him being an acknowledgment that the said John McLeod, master of the
said schooner "Ariel," with his vessel and crew, were hunting seals in Russian waters.
That John McLeod, master of the said schooner " Ariel," protested against signing a
paper written in a language which he did not understand. Then Captain de Levron
informed him that, unless he signed the document, he would be sent to Yladivostock and
there court-martiailed, and from thence probably to the mines. Under this threat and
menace of punishment John McLeod, for himself and in behalf of his crew, signed
the document under protest.
That at the early hour of 4'30 a.m. the crew of the said schooner " Ariel " were
hunted out of their berths in scanty clothing by the marines and officers of the cruizer
" Zabiaka " without being allowed to clotiie themselves against the weather.
On arrival at Petropavlovsk they were turned on shore, and marched under the charge
of an officer along the beach through the mud and wet grass to an old building, and told
that they could remain there with the crew of the " Rosie Olsen," which had likewise
been seized.
That the crew of the said schooner " Ariel," as well as the crews of the other
schooners seized, were in a deplorable condition for want of food and clothing, until
relieved by the cliarity of Messrs. Malvansky and Linquest, resident foreign merchants.
That John McLeod, master of the said schooner " Ariel," on behalf of himself and
crew, requested to know what would become [sic'\ on arrival at Petropavlovsk. Captain
de Levron informed him that an American barque was there, and that vessel might take
them to some part of America for 10 or 15 dollars each.
That at Petropavlovsk the master of the American barque " Majestic " found he
could not get ready money, drew up a paper, which was signed by the officers and
crew of each of the captured schooners, by which the master of the American barque
" Majestic " agreed to take them to Puget Sound, and land them at some British or
American port.
That the stores which were to provision the crew on board the barque " Majestic "
were given from the stores of the seized schooners by the captain of the cruizer "Zabiaka,"
as well as water, cooking utensils, two stoves, boats and oars ; the number of boats being
taken from the seized schooners were eight and two Indian canoes.
That after being in Petropavlovsk eleven days, during which time the master of the
schooner " Ariel " and his crew, in compi:iiy with the crews of the British schooner
•' Rosie Olsen " and the " Willie McGowan," suffered every privation for want of food,
y last, at 4*30 A.M.,
t, between 30 and
p, was boarded by
'Zabiaka."
nd crew of the suid
f ta take the ship's
ith fixed bayonets,
>n of the mate and
Beer in command,
rial " that he had
f the said schooner
vhich the Russian
said that he would
within 1 or 1,000
d Russian cruizcr
?-line of the said
Zabiaka '' steamed
" Ariel," with tiie
1 left on board tlie
, the said schooner
ig at that port on
ika" boarded the
t on the deck,
lastcr of the said
n in Russian and
which paper as
!od, master of the
ussian waters.
1 against signing a
iptain de Levron
Vladivostock and
' this threat and
his crew, signed
er " Ariel " were
ers of the cruizer
;her.
under the charge
building, and told
iiich had likewise
via of the other
id clothing, until
gn merchants.
If of himself and
vlovsk. Captain
essel might take
jestic" found he
the officers and
American barque
some British or
que "Majestic"
ruizer " Zabiaka,"
ir of boats being
he master of the
British schooner
for want of food,
at
Nothing, and shelter, and, in a deplorable condition, were ordered on board the American
larque "Majestic" by Russian marines with rifles and fixed bayonets, and in this
{j^ndition sailed away for Puget Sound.
>• That, deprived of their clothing, and having no blankets or other covering, were
lompelled to sleep in the hold and other places on the ship as would afford them
itfielter.
' That the treatment on board the American barque " Majestic " was not such as would
|e given to distressed mariners returning to their homes helpless and destitute.
That on the arrival of the barque " Majestic " in Royil Roads, Victoria, British
Columbia, the master of the said barque "Majestic " claimed the eight boats, two canoes,
two stoves, and all the extra provisions remaining unconsumed as his property, which he
•ompelled the distressed crews to sign over to him to become his property.
That the said master of the American barque "Majestic'' intends to claim some
compensation from the British Government, to which the master of the said British
•ehooner declares he is not in justice entitled under the circumstances.
That John McLeod does solemnly and sincerely declare that the foregoing statement
ii correct and contains a true account of the facts and circumstances attending the seizure
Iff the said British schooner "Ariel," of Victoria, British Columbia.
Wherefore, the said appearer, John McLeod, master of the said British schooner
••Ariel," on behalf of ihe owners of the said vessel, and on behalf of himself and crew,
doth protest against the illegal interruption of his voyage and seizure and confiscation of
tlie said British schooner" Ariel," her boats, guns, ammunition, small-arms, appurtenances,
provisions, and seal-skins then on board.
That the Schedule hereunto annexed, and marked (A), is a true inventory and
valuation of the actual loss sustained by the forcible seizure and confiscation, and on
Mialf of the owners and all concerned, the said John McLeod, master of the said
British schooner "Ariel," appeals for restitution and damages to full amount of the loss
Mistained.
(Signed) JOHN McLEOD.
Sworn to before me, at Aictoria, British Columbia, this 6th day of September, 1892.
(Signed) A. R. Milne, Collector.
;, In the matter of the seizure of the British schooner " Ariel," of Victoria, British
I Columbia, by the Russian cruizer " Zabiaka."
Bort of Victoria, British Columbia,
James Campbell Stratford, of the city of Victoria, Province of British Columbia,
personally appeared, and doth depose and say : —
That he was mate of the British Healing-schooner "Ariel," belonging to the port of
Tictoria, British Columbia, of which John McLeod was the master, and which cleared at
|hc port of Victoria, Britioh Columbia, on a voyage to the North Pacific Ocean and
Okhotsk Sea.
That, after voyaging to and fro on the waters of the North Pacific Ocean pursuing
fte legitimate calling of hunting on the open ocean, beyond any limitation to hunting or
fshing on the high seas [sic].
t^ That on the 28th day of July last, at 4-30 a.m., whilst the vessel was south-east from
|w)pper Island, Commandorski group, the morning being clear, and could see a very long
^ipistance, Copper and Behring Islands being in sight, and he would judge that the vesse
*a8 about 35 miles from south-east end of Copper Island, it being well known in that
Ijucality that the distance of observation is very great,
C^ That in that position the vessel, headed south-east, it being dead calm, was boarded
;»y an armed boat's crew from the Russian cruizer " Zabiaka."
That the master and crew, with the exception of the deponent, were ordered on board
le cruizer " Zabiaka."
That the officer in charge of the prize crew went to the haulyards and pulled down
e flag from the mainmast head and stamped with his feet upon it.
That the said schooner " Ariel " was taken in tow by the Russian cruizer " Zabiaka,"
md continued towing the said schooner "Ariel" about twenty-five hours; the hawser
Tted at about 5 A.M., during a thick fog and heavy breeze.
That there were nine men and two officers comprising the prize crew.
22
That, after the tow-line parted, the schooner was navigated under sail, and arrived at
Petropavlovsk, arriving at that port on the 6th day of August, 1892.
That the same day that the said schooner "Ariel" arrived at Petropavlovsk the
deponent was put on shore to take his chances with the other crews of vessels that had
been likewise seized.
That the deponent, having read the statements of John McLeod, the master of the
said schooner " Ariel," indorses the same as being true m every particular in regard to
the treatment of the distressed crews at Petropavlovsk, as well as the treatment which
was given to them on i)oard the barque " Majestic," which was not such as might he
iriven to distressed seamen returning to their homes helpless and destitute.
(Sigued) J. C. STRATFORD.
Sworn before me this 8th day of September, 1892.
(Signed) A. R. MiiNE, Collector of Customs.
Sir, Victoria, B.C., September 8, 1892.
As requested by you, we have measured the distance on the Chart of Bchring Sea, as
given by jou, showing the exact [ ? ] where the three British schooners wen
seized bv the Russian cruizer "Zabiaka."
Scb'ooner " Willie iMcGowan," latitude 53" 50' north, longitude 167° 50' east, a
distance of 42,^ miles from Copper Island, the noarest land.
Schooner " Rosie Olsen," latitude 54° 24' north, longitude 165° 40' east, a distance
of 38 miles from Behring Island, the nearest land.
Schooner "Ariel," latitude 54° 10' north, longitude 167° 40' east, a distance of
30 miles from Copper Island, the nearest land.
Yours respectfully,
(Signed) JAS. GAUDIN.
To the Collector of Customs, J. C. COX.
Victoria, B.C.
[Chart inclosed.]
(A.)
PAHTicrLARS of Claim, Schooner •• Ariel," 74 tons register, of Victoria, British Columbia,
seized by the Russian Imperial cruizer " Zabiaka," on the 28th July, 1892, in latitude
54° 10' north, and longitude 167° 40' east.
Schooner—
Valuo of ichooncr . , . . . . . .
Boats—
7 boats, at 110 dollars each .. ,, ., ,
Outfits to ditto, 7 at 20 dollar*
Outfit of schooner—
Provisinna . . , . . . . .
Snlt, 10 tons, at 14 dollars per ton .. .. ,
Ammuuition . , , , . . . . ,
Insurance, 10,000 dollars, at 4 per cent. ,. ,
Coal, 10 tons, at 7 dol. 25 c. per ton . . ..
Slop chest . . . . . . . . ,
Sliip-chandlery
Guns-
.3 rifles, at 25 dollars eacli
8 Parker shot guns, at 60 dollars each
1 cannon . . , . . , . , . . ,
AVagcs —
Paic* master, hunters, and crew . . . •
Seal-skins-
On board when seiiEed, 207, at 1 4 dollars each , .
Dol. c.
Dol. c.
• •
10,000 00
770 00
140 00
910 00
1,000 00
140 00
250 00
4U0 00
72 50
169 00
300 00
75 00
480 00
60 00
2,331 50
615 00
1,992 00
2,898 00
Total dftim
D"
•!<■. ■/•'*
(Signed)
18,746 SO
JOHN McLEOD,
ir f r« fff
'» «.
mil, and arrived at
Petropavlovsk the
}f vessels that had
the master of the
icular in regard to
3 treatment which
such as might be
te.
STRATFORD.
jtember 8, 1892.
of Behring Sea, as
ih schooners were
167° 50' east, a
:0' east, a distance
ast, a distance of
•lly,
AS. GAUDIN.
. C. COX.
23
Protocol drawn up on the Cruizer of the 2nd Class " Zabiaka," on the I6th July, 1892.
(Translation.)
, We, the Undersigned, witness that this l6th day of July, 1892, at 3 o clock a.m.,
*hen we found ourselves in north latitude 54° 26', longitude 167^ 36^' east, near Cooper
Island, in a dead calm, we noticed in the direction of south 25° from the cruizer, in the
Sistance of G miles, an English canvas schooner " Ariel," which had all her canvas on.
* The sloop that was sent from the cruizer with Lieutenant Staal and Midshipman
Zelenelsky to search the schooner reported that there were seal-skins on board. The
captain of the schooner, McLeod, explained that he had taken 200 seals, and also that he
considered he had a right to take seals in the place where the cruizer found him.
The ship's papers and log-book were taken away, and the captain and his crew ot
iwenty-three men were taken on board the cruizer, and the captain was told that they
were all under arrest, and that the schooner was confiscated.
After that a crew, under the aforesaid officers, was put on the schooner, and she was
taken in tow to Petropavlovsk.
No resistance was offered to the seizure of the schooner.
It appears from the ship's papers that the schooner " Ariel " was built in 1884, at
Bridgwater, and that her tonnage is 74-49, her length is 70 ft. 5 in., her width 22 ft. 5 in.,
and her depth 8 ft. 4 in. She left Victoria on the 15th (27th) May, to take seals and fish
in the northern part of the Pacific Ocean and in the Sea of Okhotsk.
(Signed) NAZONOV, Lieutenant.
LICHTEEN, Lieutenant.
* BEZKROVNY, Lieutenant.
-t ARNOVTOV, Lieutenant.
H DE LEVERON, Captain, 2nd Class.
9 JOHN McLEOD, Master, Schooner "Ariel."
A true copy :
^ Auditor of the 2nd Class Cruizer " Zabiaka,"
W (Signed) Bezkrovnt, Lieutenant.
British Columbia,
•, 1892, in latitude
Dol. c.
10,000 00
910 00
2,331 50
615 00
:!
1,992 00
*c
2,898 00 '
'4
18,746 50
i
^N McLEOD,
-l
.1-. »,. 1.
I (^-^
# Protocol drawn up on the 2nd Class Cruizer " Zabiaka," in the Roadstead of
"f- Petropavlovsk.
;^?(Translation.)
** Whereas a Protocol was drawn up on the 1 6th July last by a Commission appointed
"%y my order on the 28th June (No. 60), in regard to the search of the schooner " Ariel;"
,^nd whereas a Notice was published by the Imperial Russian Government in 1881 ; and
%hereas Regulations were issued by the Governor-General of Eastern Siberia on the
*l8t November, 1883 (No. 1171) ; and whereas instructions were given to the cruizer by
the Commandant of the port of Vladivostock on the 22nd April, 1892 (No. 1425) : I,
•fiois Karlovitch de Levron 3id, a Captain of the 2nd Class, and Commander of the
V aforesaid cruizer, have ordered as follows, on this 18th day of July, 1892 : —
T 1. The schooner " Ariel " is to be confiscated and sent to Vladivostock under the
rmmand of Lieutenant Staal.
2. The master and the crew are to be sent into the town of Petropavlovsk, and
fallowed to return to their native country.
!l 3. A complete inventory of the schooner is to be drawn up on her arrival at ?etr'>-
gpavlovsk l^sic'].
m 4. Everything on board that would spoil by keeping, as well as the spare boats and
J tackle, shall be sold by auction at Petropavlovsk for the benefit of the Government.
J| 5. The seal-skins shall be handed over to the Head of the District of the Commander
^Islands, against his receipt.
6. This Order shall be communicated to the proper authorities.
7. Captain McLeod shall be given copies of the Protocol and of the present Order.
(Signed) DE LEVRON 3rd, Captain of the 2nd Class,
in Command of the Cruizer of the 2nd Class
"Zabiaka.'*
A true copy :
(Signed) Bezkbovnt, Lieutenant, Auditor.
> B
^?T
9«
(D.)
Protest.
Be it remembered that I, John McLeod, master of the British schooner "Ariel,"
registered at Victoria, British Columbia, Dominion of Canada, of the registed tonnage of
74 tons, which was seized and captured by the Imperial Bussian cruizer " ZabiaLa " on
the 'J8th day of July, a.d. 1892, in latitude 54'' 10' north, and longitude 167° 40' east, or
thereabouts, do hereby most earnestly and solemnly protest : —
1 . Against tlie seizure of the said schooner upon the high seas.
2. Against the retention by the said cruizer, or her Commander or officers, of the said
schooner " Ariel," her outfit, furniture, or cargo.
3. I also specially and particularly protest against the seizure and retention by
the said " Zabiaka," or her officers, of any of the personal effects of myself, my officers, or
crew.
Dated at Petropavlovsk, this 5th (24th) August, 1892.
(Signed) JOHN McLEOD,
Master of schooner "Ariel."
I have this day, 25th July, 1892, received a copy of this protest at Petropavlovsk.
(For the Head Officer of the District),
(Signed) AVDOTENKO, Assistant.
(E.)
Report Outwards.
No. 929. — Fort of Victoria, British Columbia.
Contents in the schooner " Ariel," registered tonnage 74.
Registered in port of Victoria, British Columbia, with twenty-four men, John Me Lccd
master, for this present voyage for North Pacific Ocean and Okhotsk Sea.
Cargo , tons weight , tons measurement
, Agent.
Marlis and
Numbers.
Shipper?.
Quantity nnd Description
of Goods.
Ballast and stores and hrnting
outfit.
Value.
Consignee.
I, John McLeod, master of the vessel above named, do declare that the contents
above written, now tendered and subscribed by me, is a just and true account of all the
goods laden on board my vessel for the present voyage, and of the names of the respective
shippers and consignees of the said goods, and of the marks and numbers of the packages
containing the same.
(Signed) JOHN McLEOD,
Master or Purser.
Signed, sealed, and delivered before me at the Custom-house, port of Victoria, Britisii
Columbia, the 24lh day of May, 1892.
(Signed) J. Aemsteong, Collector.
25
I schooner "Ariel,"
registed tonnage of
uizer "ZabiaLa" on
ide 167° 40' east, or
r officers, of the said
3 and retention by
jself, my officers, or
.EOD,
schooner "Ariel."
t Petropavlovsk.
iNKO, Assistant.
men, John Mc Lccd
ea.
, Agent,
Consignee.
that the contents
account of all the
!8 of the respective
;rs of the packages
cLEOD,
faster or Purser.
af Victoria, Britisii
CoDV of the Notice which is written in the Official Log-book of the British schooner
^^ -^ "Ariel."
" Daphne," at Sea, June 24, 1 892.
'^ 1 certify that I have this day warned this vessel against proceeding to Behring Sea
fdr the purpose of taking seals, under pain of seizure.
" * * " (Signed) AYLMEIl C. GAM MEL WILLIAMS,
Lieutenant.
I, thf Undersigned, certify that the above written copy is correct, the 21st July (2ad
August), 392.
(Signed) H. de Levbon,
Captain of His Imperial Russian Majesty^
Cruizer " Zabiaka."
"'■ In the matter of the seizure of the schooner " Ariel " on the 28th July, 1892, by
the Russian cruizer " Zabiaka."
I, John McLeod, of the city of Victoria, ship captain, do solemnly declare as
follows : —
I am master of the sealing-schooner " Ariel," of 74 tons register, owned m Victoria,
British Columbia, by H. F. Bishop and others.
The " Ariel " was fitted out in Victoria in May 1892 for a sealing cruize, and cleared
on the 14th May, 1892, for a cruize in the North Pacitic Ocean and Okhotsk Sea. She
bad on board captain, mate, seven white hunters, thirteen sailors, a cook, and a boy, being
twenty-four all told. We sealed along the coast of British Columbia and of Alaska, and
on the 24th June, being then somewhere off Cherikoff Island, were spoken by Her
Majesty's ship " Daphne," and boarded by an officer who pointed out to me the line of
demarcation on my Chart, and handed me the Proclamation and warning against sealing
in Behring Sea. Were also spoken by United States' cutter "Rush" on the same day.
After this we continued our cruize until the 28th July, at 4 o'clock a.m. At that time
tbe schooner was in latitude 54° 10' north, and longitude 167° 40' east. This position is
estimated from an accurate observation which I obtained at noon on the preceding day.
At this time I was nearer to Russian shores than I had been at any time during the
Muize, except on one occasion about five days previous when I had lost a boat in a thick
ibg, and in searching for it came within about 14 miles of the shore. After finding the
b^t I put on sail and went to sea about 80 miles. The above calculated position is
between 35 and 40 miles from shore, the nearest point being the south-east end of Copper
Island. We had on board at this time 207 seal-skins. At It o'cloek on the morning of
the said 28th July, iying-to in the above position with the British flag hoisted, I being on
deck sighted the Russian steam cruizer " Zabiaka" of sixteen guns. We were alone with
no vessels in sight. The cruizer came alongside and the Captain hailed me, asked me,
**What are you doing there ?" I told him, •' You can see for yourself what we are
d^ing." He then said, " Hoist your sails down." I asked him, " What for ?" He then
Mid that he was a man-of-war and he wanted to see my papers. I then told him I was in
tbe North Pacific Ocean. He said, " No, you are in Russian waters." During the
jj^nversation a boat had been lowered from the opposite side of the steamer and came
found her stern, being filled with sailors and marines with fixed bayonets, and with two or
ree officers in charge. The whole boat boarded us, and the senior officer in charge told
tjie his Captain wanted to see my papers. This conversation was carried on by him in broken
jpiglish. The Captain spoke English well. 1 went below and got all the papers, and
It as I was going down the cabin I saw one of (I think) the officers pulling down my
g, and when it was down he placed it on the poop aad jumped on it. He then hoisted
ipie Russian flag. The officer on my return said, " Take your crew with you likewise, the
ptain wants to see them." While I was talking to him the marines and sailors went
iwn below and were driving my crew on deck with fixed bayonets. 1 asked the officer
at he intended to do, was he going to seize me? He said, "1 don't know, I don't
link so, Captain wants to see the papers and the crew, by-and-bye it will be all right."
\en all of us but tbe mate, J. C. Stratford, and one of the crew, Jos. Martin, went on
rd the " Zabiaka."
When we got on board the cruizer, the Captain (De Leveron) called me on to the
Idge, saying that be wanted to see my papers. J handed them to him, and as he read
[504] E
26
them lie saw where I had cleared for, and said, "Ah ! Okhotsk Sea ; I wisli I catch yoii in
Okhotsk Sea." I asked him then, " Arc you scizinf^ my vessel ?" lie said " Vcs." I
asked him wiiat lie was seizing lier for. I la said, " You are in llussiiin waters, and also in
these straits," pointing to the straits between Ikhring and Copper Islands, tlio former nl
which was scarcely visible. I asked biin, " What do yon call the straits ?" saying that
there were no straits marked npon my charts. He tiicn said, " 1 don't cnrc about your
charts; it is my Russian charts." Ilu then said, " No matter; Americans claim one side
of the line of demarcation ; we claim the other." During this conversation the " Zahiakii"
had taken the " Ariel " in tow, and the Captain told me tlie schooner was confiscated, and
he was going to take it to I'etropavlovsk, to which ])lace wc were steaming. After
twenty-four hours the hawser parted, and we steamed to Petropavlovsk, and leaving the
" Ariel " to follow by sail, I and the crew were landed on the beach, with notliing
hut what we had on us, and there left to sliift for ourselves. Captain dc Levron told inc
to go on board the American barque " Mitjestie," then taking in ballast, and see if I could
make any arrangements. The ca|)tain of the "Majestic" required nie to guarantee him
10 dollars a man, which I could not do. In the afternoon Captain de Levron .sent my
crew ashore to an old decayed hospital. When we arrived at Petropavlovsk there were
already in port the schooners " Willie McGowan," of Victoria, and " C. 11. White,'' cf
San Francisco. The " Rosic Olsen," of Victoria, arrived before the " Ariel." All three
had been seized, the two former by the " Zabiaka," and the latter by the " Kodiak,"
belonging to the Russian Commercial Fur Company.
My crew had a little mone\ , with which they provided themselves with food, and,
afterwards, tiie agent for the Fur Company (an old resident of Victoria, M. Molavansky)
interested himself, and obtained for us some provisions, and through him the Russian
official in charge of the post was persuaded to make to each of my crevv the usual |)risoii
allowance for maintenance of 14 kopecks (equal to 7A cents) a-day, which was coUectid
by the captains of the ships and entirely exhausted in ])rovisions, prices for the same at
that distance being very high. When ths " Ariel " arrived in port we were granted per-
mission to go on board her and get our personal effects. On availing ourselves of tiiis
permission, I found that all my clothes which were of any value had been taken ; all that
was left were my dirty clothes. Among what was taken were half-a-dozen suits of under-
clothes, which had cost me 4 dul. 50 c. a suit; a pair of gum boots, value about dollars,
and a number of other articles of clothing. About 100 dollars in gold and silver, which
had been left in a drawer, was gone. I was not allowed to take my nautical instruments,
which were in my cabin, as also were all my books. The ship's log, articles, and all
papers were retained, and I was only allowed to take a copy of the " Daphne's " warning
from the official log. The effects of the crew were in the same condition as mine, and
they had also lost money. None of the provisions of the " Ariel " were handed over to us.
An arrangement had been made between Captain de Levron and Captain Lorentzcn, of
the barque " Majestic," by which we were to be brought on the " Majestic " to any port
on Puget Sound, either British or American. The llussian captain then supplied the
" Majestic " with stores and boats from the captured schooners, the amount of supplies
being regulated according to the Russian schedule.
On the 8th day of August, about 8 o'clock at night, the " Majestic " was ready for
sea, and hoisted her flag. This was the signal for us to go on board, and a ])arty of
marines from the " Zabiaka " came on shore under arms and visited the cabins and places
where the crews were lodged. Then then hurried the men on board at the point of the
bayonet, scarcely giving them time to collect the articles which they had, and being
particularly rough with the last few to come on board. After we were all on board, we
four captains protested against the sufficiency of the provisions to Captain Lorentzen, who
told us to take our boats and provisions, and we could go ashore if we did not like it,
He said this at the very time when the boat was surrounded by the armed marines. Al
last it was arranged that 40 dollars, which some of the crew had earned by loading
ballast, should be spent on provisions, and this we were allowed to do. The marines
followed us while we went on shore and until we returned on board again. In the barque
the captain drew up an agreement (being Exhibit (C) to the declaration of John Daley
made this day), under which all stores left over were to belong to the " Majestic," and the
crews were stowed away between decks, where the captains were also told to stow
themselves. We, however, found accommodation in the caipenters' shops and a hatch
house. The accommodation between decks was wretched and dangerous to the men, one
result of which was that J. C. Stratford, mate of the " Ariel," broke two ribs by falling
down an open ballast hatch. There were, exclusive of the captains, eighty men between
decks. We arrived at Victoria on the 30th August, and were put on shore, Captain
Lorentzen retaining the balance of the provisions and the boats. At no time during my
27
wisli I catch you in
lesiiid "Yes." I
waters, nnd nlso in
uids, tlio f'oriiu'i' (il
•uits ?" Hiiyiiif; tiiiit
't care about your
nns claim one si(ii>
ion tlic " Zubial<ii"
ii8 confiscated, and
I stcauiing. After
ik, and leaving (he
ncli, with nothing
dc Levron told inc
and see if I could
! to guarantee him
Je Levron sent my
avlovsk there were
"C. 11. White," (f
Ariel." All three
by the " Kodiak,"
'es with food, nnd,
I, M. Molavansky)
I hiui the Russian
:w the usual prison
hicb was collected
les for the same at
were granted ])er-
g ourselves of this
Jen taken ; all that
sen suits of under,
ue about G dollars,
1 and silver, which
utical instruments,
;, articles, and all
aphne's " warning
lition as mine, and
handed over to us.
»tain Lorentzcn, of
Bstic " to any port
then supplied the
mount of supplies
ic " was ready for
rd, and a j)arty of
! cabins and places
it the point of the
Y had, and being
! all on board, we
n Lorentzen, who
'e did not like it.
ed marines. .At
arned by loading
lo. The marines
n. In the barque
3n of John Daley
rlajestic," and the
ilso told to stow
tops and a hatch
to the men, one
wo ribs by falling
hty men between
n shore, Captain
time during my
tfruize up to the time of seizure were any of my boats engaged in scaling within 12 miles
of any Russian territory.
H I reported all above facts to the Jollector of Customs. The above account of tiie
lieizure is correct in every particular, and there are many details which could bo added, all
of which would aggravate the injuries and ill-treatment which we received at, and as a
.fesult of, our seizure as above stated.
And I make this solemn declaration, conscientiously believing the same to be true,
•nd by virtue of the " Act respecting Extra-Judicial Oaths."
^ ^ ^ (Signe ) JOHN McLEOD.
Declared before me, at the city of Victoria, in the Province of British Columbia, this
6th day of September, !892.
(Signed) Autuur G. SmitH;
'^ Notary Public, British Columbia.
(Seal.)
In the matter of the seizure of the schooner *' Ariel " by the Russian cruizer " Zabiaka "
on the 28th July, 1892.
I, James Campbell Stratford, of the city of Victoria, British Columbia, do solemnly
declare as follows : —
I was mate on board the sealing-schooncr "Ariel " on her recent cruize. I have read
over the statement of John McLeod, captain of the "Ariel," declared on the 5th
September instant, and from personal knowledge confirm the same up to the time I was
left with Jos. Martin on board the " Ariel " while the captain and the rest of the crew
went on board the " Zabiaka." After that I saw that preparations had been made to tow
us, and a line was taken on board. During the day the prize crew on board used our
lirovisions, I being forced to show where they were to be found. I was not allowed to
Communicate with Martin at all.
,, At evening the prize crew tried to signal to the " Zabiaka " to slacken speed, but
,with no success. About 5 o'clock in the morning I was called and told that the hawser
||ad parted, and had to show them how to make sail. For the next ten days we made for
retropavlovsk, I having been told by the officers that it was doubtful whether the
hooner would be seized, did my best to keep the schooner from harm. During our trip
e prize crew threw thirty-six seals, which we intended skinning, overboard. Oa the
ip I saw both officers and men helping themselves to gum boots, gum coats, and other
tides of clothing. They took possession of the captain's state-room and all other
ouarters of the ship. The only thing I saved for the captain was his pocket-book
l^ntaining his master's certificate and a little money.
V In regard to our treatment and events after our arrival at Petropavlovsk, my
jixperience was the same as the captain's, whose account I entirely confirm. Respecting
py injuries received on board the " Majestic," I can only add that I am at present
pufFcring from them, and am still under medical treatment, and will be so for some time
fo come.
And I make this solemn declaration, conscientiously believing the same to be true, and
irtue of the "Act resneetincr Evtra>.Tiidioin1 Onths "
by virtue of the " Act respecting Extra-Judicial Oaths.'
(Signed)
J. C. STRATFORD.
^ Declared before me, at the city of Victoria, in the Province of British Columbia, this
fth day of September, 1892.
I
I
(Signed)
(Seal.)
Akthur G. Smith,
Notary Public, British Columbia.
In the matter of the seizure of the British schooner " Ariel " by the Russian cruizer
" Zabiaka."
I, Melville Collinson, of Plumper's Pass, Mayne Island, British Columhia, do hereby
Dlemnly declare :—
I shipped as boss hunter on above-mentioned schooner " Ariel." I have read the
eclaration ol Jofea McLeod, master of said schooner, dated the 5th day of September,
(604J E 2
1892, nnd bo far ns tlio farts ns therein declared ore within my personal knowledge, the
said decimation is true and accurnto in every respect.
I further bbv that nt no time during the eruizo of the sold schooner up to the time t,-
the 8eiz\ire hy the "Ziihiaka" was 1 myself, or any of the hunters on board the said
Bchonner, engaged in scaling within 12 miles of any Russian territory.
And I n.okc this solemn declaration, conscientiously believing the same to be true,
and by virtue of the " Act respecting Extra-Judicial Oaths."
(Signed) MELVILLE COLLINSON.
Declared before mc, at the city of Vlctoriii, in the Province of British Columbia, this
.5th day of September, a.d. 1692.
(Signed) AuTHUu G. Smith,
Notary Public, British Columbia,
(Seal.)
In the matter of the seizure of the schooner " Willie McGowan."
Affidavit.
On the Cth day of September, in the year of our Lord 1892, personally appeared ml
presented himself at the office of Alexander Roland Milne, Collector of Customs at the
port of Victoria, British Columbia, John Daley, master of the British schooner " Willie
McGowan," official No. 85487, of the port of Shelburne, Nova Scotia.
By the instrument of affidavit hereinafter contained :
Be it known and made manifest that John Daley, master of the schooner " Willie
McGowiiii," belonging to the port of Shelburne, Nova Scotia, doth duly and solemnly
swear ind state ns follows, that is to say : —
That the said British schooner " Willie McGowan," a vessel of 115 tons, registercil
tonnage, schooner rigged, and having a crew of twenty-three persons all told, the vessel
being tight, staunch and strong, well manned, victualled, and sound, and in every respect
fit to perform the intended voyage.
That the said British schooner "Willie McGowan" was regularly cleared in due
form at the [)ort of Victoria, British Columbia, in accordance with the laws of the
Dominion of Canada, on the Hth day of May, 1892, for a voyage to the North Pacific
Ocean and Okhotsk Sea, and having on board ballast and stores and hunting outfit.
That the said schooner " Willie McGowan " sailed away under every prospct of a
sjcccssful voyage ; that she proceeded to cruize on the waters of the North Pacific Ocean,
pursuing her legitimate bunting on the open ccean, far beyond all limitation to hunting or
fishing on the open higli seas.
That on the voyage northwards the said schooner " Willie McGowan " was boarded
by Lieutenant Williams, of Her Majesty's ship " Daphne," who warned the master of the
said schooner " Willie McGowan " not to enter Behring Sea eastward of the line of
demarcation, as set forth in the Order in Council, " Behring Sea Act, 1891 ;" that the said
Lieutenant Williams, of Her Majesty's ship " Daphne," informed the master of the said
schooner " Willie McGowan " that there would be no interruption to his voyage to the
westward of the line of demarcation, providing the master of the said schooner " Willie
McGowan " kept sufficient distance from the land, which was understood to be 3 leagues.
That the master of the said schooner *' Willie McGowan," being desirous of obeying
the law, and on the information conveyed to him by Lieutenant Williams, after cruizin;;
along the coast, sailed away to the westward, with the intention of following his vocation
to the westward of the line of demarcation.
That the said schooner " Willie McGowan," on the evening of the 18th July last, while
being in latitude 53° 50' north, and longitude 167° 50' east, between 40 and 50 miles off
the south end of Copper Island, Commandorski group, was boarded by officers and an
armed boai'8 crew sent from the Imperial Russian cruizer " Zabiaka."
The officer in charge of the armed boat's crew ordered the master and crew of the said
schooner •' Willie McGowan" to go on board the cruizer " Zabiaka," and the master to
take the ship's papers with him.
The crew were turned out of the berth by armed marines with fixed bayonets, and
ordered into the boat of the cruizer " Zabiaka, with the exception of the mate, who was
ordered to remain on board.
"That in coming on board the cruizer "Zabiaka," the -^hief officer in command,
Captain de Levron, after examining the ship's papers, informed the master of the said
vchooner " Willie McGowan " that he had seifsed his vesiel, and in reply to the protest
lonal knowlcdpp, the
icr up to the lime o;'
on board the said
he same to be true,
E COLLI NSON.
ritish Columbin, tiiis
iowan.
onally appeared and
r of Custonirt nt the
h schooner " Willie
e schooner " Willie
duly and soli-nmlv
116 tons, registered
I all told, the vessel
»nd in every respect
irly cleared in due
\ the laws of the
) the North PaciHc
anting outfit,
every prospe'-t of a
orth PaciHc Ocean,
atlon to hunting or
wan " was boarded
1 the master of the
jrd of the line of
i91 ;" that the said
master of the said
his voyage to the
schooner " Willie
to be 3 leagues.
esirous of obeying
ims, after cruizing
)wing his vocation
ith July last, while
and 50 miles off
by officers and an
id crew of the said
and the master to
;ed bayonets, and
he mate, who was
cer in command,
ister of the said
ply to the protest
of John Daley, master of the said schooner " Willie McGowan," that he was on the high
tea.M. and outside any limits over which the Kussinn (lovernmcnt had or could have any
iurij-'diction. Captain de Levron suiil that he would seize any vessel found with a sealing
Iputlit, or even salt on board, if »vithin 1 or 1,000 mik-s from the Kussinn possessions.
That a prize crew from the cruizcr " Zabiaka " was put on hoard, and the schooner
he'\ug towed for ten hours, the tow-line parted, the cruizcr "Zabiaka" steamed away for
Petiopavlovsk, the schooner following under sail, arriving a' that port on the 27th July
last.
That shortly after coming on board the ci uizer " Zabiaka," the master of the said
schooner "Willie McGowan." was ordered to sign a paper, written in Russian and
translated into English by Captain de Levron, the substance of which paper, as translated
by him, being as understood an acknowledgment that the said John Daley, master of the
•aid schooner " Willie McGowan," with his vessel and crew, were hunting seals in Russian
waters.
That the master of the said schooner " Willie McGowan," John Daley, protested
•gainst signing a paper written in a language which he did not understand. Then Captain
de Levron informed him that unless he signed the document that he would be sent to
Vladivostock and there court-martialled, and from thence probably to the mines, as he
■aid, there being no British Consul there to take his part. Under this threat and menace
^i)f punishment, the master, John Daley, for himself and in behalf of the safely of the
^^Brew, signed the document under protest.
That on arrival at Petropavlovsk they were turned on shore. Captain de Levron
Stating that he had nothing more to do with the crew of the schooner "Willie
McGowan."
That thf master, John Daley, went to the Governor of the place, who, after con-
ilderablc delav, agreed to give them u small room in the rear of the gaol, and in company
with the crew of the American schooner " C. H. White," likewise distressed, and which
was gladly accepted.
That the crew of the said schooner " Will ■! McGowan " were in a deplorable con-
dition for want of food and clothing until relieved b;, the charity of Messrs. Malvansky and
Linquost, resident foreign merchants.
That the master of the said schooner ' Willie McGowan,' on behalf of himself and
crew, requested to know what would bec./ine of them on their arrival at Petropavlovsk.
r^aptain de Levron informed him that on American barqie was there, and that probably
ihat vessel might take them to some part of Ameiica for lO or 15 dollars each, providing
a guarantee was made for payment.
That at Petropavlovsk the master of the American barque " Majestic," finding
vthat he could not get ready money, drew up a paper, which was signed by the officers and
crews of each of the captured schooners, by whicli the master of the American barque
" Majestic " agreed to take them to Puget Sound, and Innd them at some British or
American port.
That the stores which were to provision the crew on board the barque " Majestic "
were given from the stores of the seized schooners by the captain of the cruizer
" Zabiaka," as well as four boats were given belonging to the said schooner " Willie
McGowan." There were four other boats and two canoes from the other seized
schooners.
;• That after being in Petropavlovsk nineteen days, during which time the master
4 and crew of the said schooner "Willie McGowan," as well as the crews of the other
3 seized schooners, which arrived later on, suffered every privation for want of food,
^clothing, and shelter, and in a deplorable condition were ordered on board the American
^barque "Majestic" by Russian marines with rifles and fixed bayonets, and in this
I condition sailed away for Puget Sound.
1 That deprived of their clothing and other proper covering, were compelled to sleep in
V the hold and other uncomfortable places on board the American barque " Majestic."
'0 That the treatment on board the American barque " Majestic " was not such as
t should be given to distressed mariners returning to their homes helpless and destitute.
That on the arrival of the barque "Majestic" in Royal Roads, British Columbia,
"M the master of the said barque " Majestic " claimed the four boats of the said schooner
"Willie McGowan," as well as the other boats and all extra provisions remaining
unconsumed, which he had compelled the masters and the distressed crews to sign over to
him, to become his property.
That the said master of the American barque " Majestic " intends to claim some
compensation from the British Govcrnmeat.- to which the master of the said schooner
I " Willie McGowan " declares he is not in jua^ice entitled to under the circumstances.
"P
That the master, John Daley, does solemnly and sincerely declare that the foregoing
statement is correct, and contains a true account of the facts and circumstances attending
the seizure of the said British schooner " Willie McGowan," of Shelburne, Nova
Scotia.
Wherefore the said appearer, John Daley, master cf the said British schooner
" Willie McGowan," on behalf of the owners of the said vessel, and on behalf of liinself
and crew, doth protest against the illegal interruption of his voyage, and seizure and
confiscation of the said British schooner "Willie McGowan," her boats, guns, ammunition,
sroalUarms, appurtenances, provisions, and seal*skins then on board.
That the schedule hereunto annexed, and marked (A), is a true inventory and
valuation of the actual loss sustained by the forcible seizure and confiscation of the said
schooner ; and on behalf of the owners and all concerned, the said John Daley, master of
the said British schooner " Willie McGowan," appeals for restitution and damages to the
full amount of the loss sustained.
(Signed) JOHN DALEY,
Master, schooner " fVillie McGowan."
Sworn hefore rae at Victoria, British Columbia, this Gth day of September, 1892.
(Signed) A. R. Milne, Collector of Customs,
Port of Victoria, B.C.
In the matter of the seizure of the schooner " Willie McGowan."
Port of Victoria, British Columbia.
Affidavit.
Thomas F. F. Moore, a native of North Sydney, Nova Scotia, and whose present
residence is Victoria, British Columbia, personally appeared, and doth depose and say as
follows : —
That he joined the British schooner " Willie McGowan " at Cape Tonki to serve iu
the capacity of mate.
That the schooner "Willie McGowan" is a British schooner, registered at Shelburne,
Nova Scotia, and the master being John Daley, a native of Cape Breton, Nova Scotia, but
whose present domicile is Victoria, British Columbia.
That the said schooner " Willie McGowan " was manned with a crew of twenty-three
persons all told, and staunch, strong, and well provisioned.
That the voyage was without interruption until the said schooner " Willie McGowan "
was to the westward of the line of demarcation as laid down under the Order in Council,
"BehringSea Act, 1891."
That on the evening of the 18tli July last, whilst the said schooner "Willie
McGowan " was under full sail and steering a course of south-cast by south, no land
being in sight, the weather being sufficiently clear to see at least 10 miles, saw a vessel
at first supposed to be a schooner, but which, on approaching nearer, proved to be a
steamer.
That the steamer was the Imperial Russian cruizer "Zabiaka" which fired a gun,
the cruizer being then aslern 'of the said schooner "Willie McGowan," the schooner'.s
head sail was hauled down, the cruizer coming alongside within bO yards, and hailed the
said schooner " Willie McGowan," demanding the schooner to lower hei sails.
That an armed boat's crew was sent from the Russian cruizer " Zabiaka," which,
on hoarding the schooner, searched the vessel throughout, and ordered the master and
the rest of the crew to hurry quickly into the boat of the cruizer " Zabiaka," and those
of the crew who were slow were shoved and pushed over the vessel's rail in a rough
manner by the marines, who were armed with rifles, bayonets, and revolvers.
JThat the crew of the said schooner "Willie McGowan" were taken on board of the
Russian cruizer "Zabiaka," and the deponent, being mate, compelled to remain by the
prize crew sent on board the said schooner "Willie McGowan" from the Russian cruizer
"Zabiaka."
That the said schooner " Willie McGowan " was taken in tow by the cruiycr
"Zabiaka," which towed the said schooner "Willie McGowan" for about ten hours; the
tow-line parting, the cruizer " Zabiaka" steamed away.
The said schooner " Willie McGowan " with the prize crew on board and the
deponent who was compelled to help navigate the said schooner, aiTived at Petropavlovsk
on the 27th July last.
That the next morning the deponent was ordered on shore by the officer in command
of the prise crew on board the said schooner " Willie McGowan," and on landing hnnted
re that the foregoin"
iumstances attenciin»
)f Shelburne, Nova
id British schooner
on behalf of himself
?p, and seizure and
s, guns, ammunition,
true inventory and
ifiscation of the said
>hn Daley, master ot
and damages to the
'ALEY,
'Millie McGowan."
Jtember, 1892.
m
p tlie master of the schooner, John Daley, who informed the deponent that things were
pry rough, for they had nothing to eat, and that the men were on the point of starvation,
ad tilings were hard with tiie deponent until he got temporfiy employment filling water
inks and barrels for tlie American barque " Majestic," getting nothing as wages, but
ily received enough to cat and a place to sleep.
That the rest of the crew of the schooner " Willie McGowan" found some temporary
Wnployment in digging ballast from the hill for the American barque " Majestic," getting
ibout 80 cents per day, which was to go to buy provisions to feed the crews, which were
(ufl'ering for want of food.
That the prize crew on the said schooner " Willie McGowan " appropriated the
personal clotliiiig of the crew and the deponent, such clothing being worn by the prize
crew.
That the condition and treatment of the distressed crews at Petropavlovsk was as bad
as it could be.
(Signed) THOMAS F. B. MOORE.
Sworn before me, this 8th day of September, 1892.
(Signed) A. R. Milnk, Collector of Customs.
Dwan.
and whose present
depose and say as
Tonki to serve in
:ered at Shelburne,
1, Nova Scotia, but
w of twenty-three
f^illie McGowan "
Order in Council,
schooner "Willie
)y south, no land
liles, saw a vessel
', proved to be a
vhich fired a gun,
," the schooner's
s, and hailed the
sails.
Zabiaka," which,
the master and
liaka," and those
> rail in a rough
ers.
1 on board of the
o remain by the
'1 Russian cruizcr
by the cruizcr
t ten hours; the
board and the
t Petropavlovsk
cer in command
landing hnnted
Sir, Victoria, B.C., September 8, 1892.
As requested by you, we have measured the distance on the Chart of Behring Sea, as
g'ven by you, showing the exact [sic'] where the three British schooners Were seized by the
ussian criiizer " Zabiaka."
Scliooner " Willie McGowan," latitude 53° 50' north, longitude 167° 50' east, a
distance of 42^ miles from Copper Island, the nearest land.
Schooner" Rosie Olsen, latitude 54° 24' north, longitude 165° 40' east, a distance
of 38 miles from Behring Island, the nearest land.
Schooner " Ariel," latitude 54° 1 0' north, longitude 1 67° 40' east, a distance of 30 miles
from Copper Island, the nearest land.
Yours respectfully,
(Signed) JAS. GAUDIN.
To the Collector of Customs, j, c. COX.
Victoria, B.C.
I
(A.)
'AKTiCTiLAiis of Claim made by the owners of the Schooner "Willie McGowan," of
Shelburne, Nova Scotia, 115 tons register, which vessel was seized on the 18th Julv,
1802, in latitude 53" 50' north, longitude 167" 50' east, by the Imperial Russia'n
Cruizer " Zabiaka."
Value of the scliooner . . . . . , . .
7 boats, value 120 dollars cnch .. .. .,
Outfits for boats, oars, sails, &c., 7 outfits at 20 dollars
Outfit of schooner-
Salt, 10 tons, at 14 dollnrg per ton . . . ,
Coal, 1 toas, at 7 dol. 25 c. per ton . . . ,
Ammunition . , . . . .
Sloj) chest . . . , , ,
Chronometers, 1 at 100 dollars, 1 at 125 dollars..
Insurance on 12,000 dollars, at 4 per cent.
Provisions . . , , . . , .
Ship-chandlery and ship's stores
Guns —
2 rifles, at 25 dollars each . . . , . ,
13 Parker shot-guns, at GO dollars each , .
1 brass cannon . . . . . . , .
Wages-
Paid master, hunters, and crew , . , ,
Seal-skins —
73 on board when schooner soized, nt 14 dollars each
Total claim
:)_
Dol. c.
Dol. c.
• •
10,000 00
840 00
140 00
980 00
140 CO
72 50
182 30
145 00
225 00
480 00
2,000 00
416 89
3,661 CO
60 00
780 00
100 00
930 00
1,962 57
• •
• •
1,022 00
(Signed)
18,646 26
JOHN DALEY, Master.
I^- ■■! ^]"
88
Report Outwards.
No. 927. — Port of Victoria.
Contents in the schooner "Willie McGowan," registered tonnage 115.
Registered in port of Shelbiirnc, Nova Scotia, with twenty-three men, J. Daley, master,
for this present voyage for North Pacific Ocean and Okhotsk Sea.
Cargo tons weight, tons measurement.
(Signed) R. P. Ritiiet and Co. (Limited), Agents.
Marks nnd
Kumben.
Shippers.
Qiinntity nnd Doicription
of Gouds.
UulluHt nnd stores and bunting
outfit.
Value.
Consignees,
I, John Daley, master of the vessel above named, do declare that the contents above
written, now tendered nnd subscribed by me, is a just and true account of all the goods laden
on board my vessel for the present voyage, and of the names of the respective shijipers
and consignees of the said goods, and of the marks and numbers of the packages containini;
the same.
(Signed) JOHN DALEY,
Master or Purser.
Signed, sealed, and delivered before me, at the Custom-house, port of Victoria, tiie
ISthdayof May, 1892.
(Signed) J. AiiMSTRONQ, Collector.
In the matter of the seizure of the British scliooner " Willie McGowan " by the Russian
cruizer " Zabiaka."
I, John Daley, of the city of Victoria, in the Province of British Columbia, master of
the above-named schooner " Willie McGowan," do hereby solemnly declare : —
My vessel is a British vessel, registered at Shelbiirne, Nova Scotia, at 115 tons;
cannot tell date. It is owned by W. H. Moovc and Co., of North Sydney, Cape Breton.
Have been in command of said schooner fince leaving North Sydney, from wi)ich p((rt I
cleared on the 2nd Decerr.b.r, 1891, bound for Victoria, British Columbia. Arrived at
said port about the 2nd May, 1892. Cleared at the Customs at said port on the KJt'i
May for a voyage of hunting and sealing in the North Pacific Ocean, with a crew of
twenty-three, all told. I sealed along the Vancouver Island coast, spoke several vessels
along this coast while so doinir, and about the 2!8t June was hailed by Her Majesty's ship
"Daphne," was boarded by o(h;er Williams (Lieutenant) of that ship, who showed me tlie
line marked on the chart as to the disputed limits of the jurisdiction of the American
Government in Bchring Sea. He nlso warned me in writing in my official log-book not to
enter said sea under penalty of seizure. I asked him what about that part of the sea west-
ward of the seas in dispute between the English and the Americans. He said, " Provided
you keep the proper limits I don't know of any danger." I understood by that, and by
what the Customs authorities at V^ictoria told me, that if 1 kept outside the'3-league limit
of the Russian territory I would be safe in sealing from molestation by the Russian
Government. 1 then sailed towards the Connnander Islands, which are Copper and
Behring Islands, in the North Pacific Ocean.
On the 18th day of July, 1892, about 5-40 p.m., latitude 53° 50' north, and longitude
167° 50' cast, or near thereabouts, a Russian cruizer (man-of-war), called the " Zabiaka,"
fired a shot alongside, she being in the rear, and overtaking us, and brought us to, came
alongside (about 50 yards off), and an officer on board of her spoke to me and told me to
lower all my sails, and I then lowered my sails (at the time that the order was given I saw
that it was a Russian vessel by her flag) without resistance or delay.
The oflicer then had a boat lowered, which being filled with officers and marines
(having fixed bayonets and revolvers) came alongside us, and all boarded my vessel so
.:,A
S3
115.
tn, J. Daley, master,
Limited), Agents,
Consignees.
the contents above
■ all the goods laden
respective shippers
(ackages contiiiniii^'
DALEY,
{aster or Purser.
)rt of Victoria, the
by the Russian
jlumbia, master of
are:^
itia, at 115 tons;
ni'y, Caue Breton,
from wiiich port I
iibia. Arrived at
port on the Kit'i
n, with a crew ot'
ike several vessels
ler Majesty's ship
10 showed me tlie
of the American
il log-book not tn
t of the sea west-
said, "Provided
d by that, and by
the 3-league liniit
by the Russiim
arc Copper and
th, and longitude
the " Zabiaka,"
mght us to, came
e and told me to
' was given I saw
:ers and marines
led my vessel so
ilmed. I asked the first man who boarded, who was an officer, in English, if he wanted
fsce the ship's papers, and what business he had with me. In answer, he said, in English,
at I would have to take my ship's papers and the crew on board the " Zabiaka." I
|ked him if he intended to seize my vessel. He said he didn't think so, but I would
pive to go aboard and see the Captain.
,„ In the meantime the officers and marines were putting my crew down by force into
^e boat without giving them time to get their clothes or anything else belonging to them,
jwent to my cabin and got the ship's papers and put them into my pocket, and while doing
t/^ some officers and marines came to my cabin, and, being armed, hurried me off, saying,
""Get up, go into the boat." T got into the boat, asking them what was wanted on board
t^e "Zabiaka," when an officer in the boat sail, in broken English, that he didn't think
tRe Captain was going to detain me.
All my crew and myself were forced aboard the boat except the mate, who was kept on
board my vessel, and a prize crew was left with him in charge of the vessel. We were all
rowed over to the "Zabiaka," forced on board of her, and the Captain of the "Zabiaka"
lent for me as being the master. I was conducted along the deck by armed officers and
marines to his office, my crew being sent along forward.
, He (in English) first asked me if I was the master of the vessel. I said "Yes." He
then asked n.e for the ship's papers. I gave him them, and he looked at the clearance
and articles, and said I was sealing in Russian waters. T told him 1 was not sealing in
Rnssiau or disputed waters, that I was sealing in the Pacific Ocean. I told him I had
papers fiom Her Majesty's ship " Daphne " sb.owing the disputed waters. I handed them
to show him, he took them, read them, and never returned them to me.
After he read the papeis, I asked him if he intended to peize the vessel, claiming to
b6 50 miles south cf the Copper Island, which was the nearest land.
He said " Yes ; it makes no difference, 1 will seize from 1 to 1,000 miles anywhere
arpund the Russian territories." He repeated this statement then once, and afterwards
tbree or four times.
He further said: "It is no use saying anything; you have no business here."
He then oaid, without giving me a chance to say anything, " Go to your room," and
spoke in Russian (which I do not understand) to some one of the officers or marines.
Spaie officers and marines then took me away to a room near the Captain's office, which
wia then occupied by the master of the " C. H. White " (an American schooner seized
hi the "Zabiaka "), and left nie there with a guard of armed marir.es at the doors and
Windows. About a half-hour elapsed between the time of boarding ind the time that my
velsel was taken in tow, which was being done while I was talking to lii.-: Captain.
"^ My crew was kept forward on one side of the deck and the American's schooner's
ci|w on the other, and the two crews were kept separate, not allowed to mi.^c, as I am
iHjformcd, and I was kept from communicating with my crew.
. My vessel was then towed towards the westward in the direction of Petropavlovsk, a
Rflssiau port, for about ten hours, when the hawser parted, the sea being very rough, I
80^ the vessel break adrift from the " Zabiaka," which then steamed on, leaving the
v<l»sel beh'nd with the prize crew.
The "Zabiaka" got to Petropavlovsk on the evening of the 20th July, 1892, and
schooner arrived about eight days later. Before we got to Petropavlovsk, on the same
the Captain summoned me to his cabin and then showed me the paper marked " A,"
!ttcn in Russian, wliicli he translated into English, the purport of it being, by h'is
|ding, tliat I was seized as having been caught sealing in Russian waters. He then
manded that I should sign the paper marked " A," which I at first refused to do, not
derstanding it. He said, " If you don't sign it or make any protest, I will send you to
idivostock, where you will get court-martial, there is no British Consul there to take
lir part, and probably you will go to Siberia, the mines." He made several other
*eats of much the same nature. 1 then said, "I will sign under protest," to which he
|lied, "Well, I will allow it." I then signed a paper written in Russian which he told
I was a duplicate of the paper marked " A," and which looked like a duplicate. He put
paper 1 signed into the desk. Then 1 was allowed to see the crew (before we got to
Iropavlovsk), who had not much to say, being hungry and cold.
On the 21st July I asked the Captain (I think after we got to Petropaulovski)
at he intended to do with me and my crew. He told me he was done with me;
his part, he intended to land me and my crew on the beach ; that perhaps the*
bravnik " (which is the Governor of Petropavlovsk, as I believe) might do something
I Die
Then my crew and myself were landed on the beach (myself in the morning, and mv
[504J ^ '^^i '
■^^iWWP
w
84
crew about 2 p.m.), with nothing but what we stood in. I myself had only a shirt ami
rubber boots and overcoat on, and I believe the others were as poorly, or worse, off, all of
us having been hurried olTour vessel at the time of seizure before we got anything.
I called with the captain of the American schooner (he and his crew having been
landed at the same time with my crew) upon tlio Ispravnik or Governor, who told us
(through an interpreter) that he could do nothing for us, and that wc would have to sec
the Captain of the " ZabiaUa." VVe informed him that the Captain of (he "Zabiaka"
refused to do anything for us. He then consented to give us a little back room
oft" the gaol that was in the town. We accepted the offer, being very glad to get it, init,
on going over to see it, found it to be about 10 by 18 feet in size. We were in all (thaf is,
the joint crews) th'rty-eigbt men. All that could get in, got in ; the rest would
stay outside, nil of as taking it in turn to be in and out.
There was nothing in the room — no furnitu''e of any kind, that I remember, but
plenty of lice, vn-min, and dirt. There were two cesspools next the roon), accessible from
the room, which stunk horribly, and appeared as if they had been in a foul condition for
years.
The weather at this time was rainy and fogsy, and afterwards very hot in the lattir
part of July. I did not sleep in the room myself. I believe some of the men did, but
most of them, I think, slept outside in the open air in the fog and rain.
A barque, called the " Majestic," an American vessel, was in the harbour when we
got there discharging cargo for the Russian Fur Company. I slept aboard this vessel, got
some meals on her, and elsewhere wherever we could gel anything on invitation.
The Ispravnik did not give us anything from the 21st July, the date of landing, up to
the 3rd August, on which day an allowance was granted us each of 15 kopecks a-da\,
which is equal to 7| cents.
A few days after landing I asked Captain de Levron (the Captain of the " Zabiaka "j
if he would allow us any provisions for our trip down on the " Majestic " if we went that
way, which was the way he talked of sending us back. He said, " When the schooners
arrive " {i.e., the " C. H. White " and " McGowan '') " if there is enough provisions, I will
allow you enough to take yourselves and crews down." This was said at the same time to
myself and Captain Firman, of the American schooner " C. H. White."
When the schooners arrived he told us to make out the usual English allowance to
crews. Firman and myself made out the schedule of allowances, as requested, for
forty-five days, which, I was informed and believed, was the average length of time that
the passage back to the Straits of Fuca takes for schooners and barques, and the captain
of the "JNIajestic" also said that it would take him about that time to get back,
De Levron pnid that it was too much, that he would allow us according to the llussian
schedule. Jmj when the schooner arrived he sent aboard the "Majestic" about tliirtv
days' rations at a very scanty allowance per day. We also asked for sufficient boats to
take with us in case of accid?nt; he gave us eight sealing-boats and two canoes (tor
eighty-four men). He told us that he was giving them to us. After the captain
(Lorentzen) of the " Majestic " got these boats, canoes, and provisions on board, he told
me, in presence of the other three captains of the seized vessels, that he had bought them
from De Levron.
He then drew up an agreement to be signed by the officers and crews of the seized
vessels. We (the four captains) did not know at this time whether De Levron was goin.-
to allow us to go this way or whether he was going to send us by way of Vladivostock, or
what other way, if at all.
The paper now shown to me, and marked "C," is what I was informed, and believed
to be, a copy of the agreement hat was signed by us, the four captains, and the crews o!
the seized vessels. It is, 1 believe, in the handwriting of Captain Lorentzen's daughter,
We were obliged to sign this agreement in order to get passage back, be"^" told b}
Captain Lorentzen that if we did not sign he would not take us back.
Shortly after the signing, which was done on shore, De Levron surrounded ourselves
and crews with armed officers, marines, and Cossacks, and drove us on board of his ow
boats and thence on board the " Majestic." We (the four captains) thinking that we hud
not enough rations to bring our men back safely, went ashore to buy some more
provisions with some money we bad amongst us, as well as to get some clothes.
The Cossacks and marines at first prevented us from landing, but afterwards were
persuaded to allow us to land and get our clothes and some provisions, which we did.
On the next day, the 9th August, the barque "Majestic" set sail for some I'ugot
Sound port, according to the agreement.
When we got to within 6 miles of Victoria three of us captains (myself being one)
and Captaia Lorentzen, with four men, came ashore in a boat, when we there got a tug,
3tf
lad only a shirt ami
, or worse, off, all of
got anytliintj.
s crew having been
I'ornor, who told us
c would have to sec
1 of Ihc "Zabiaku"
a little back room
J glad to get it, but,
2 were in all (that is,
n ; the rest would
at I remember, but
)on), accessible from
a foul condition I'ov
!ry hot in the lattir
of the men did, but
e harbour when we
loard this vessel, got
invitation.
Evto of landing, up to
15 kopecks a-day,
of the " Zabiaka "j
ic " if we went tli;it
V'hen the schooners
gh provisions, I will
at the sanij time to
Inglish allowance to
, as requested, for
length of time that
les, and the captain
time to get back,
ding to the Uussiiui
estic" about thirty
r sufficient boats to
ad two canoes (tor
After the captain
a on board, he told
le had bought them
rews of the seized
e Levron was going
of Vladivostock, or
rmed, and believed
s, and the crews of
i-entzen's daughter.
lack, be'"'^ told b\
irrounded oursclvc!
1 board of his ow;
inking that we liaJ
buy some more
clothes.
ut afterwards were
which we did.
lil for some I'uget
[myself being one)
«re there got a tug,
tnd towing Lorentzen's boat back, returned with ourselves and crews ashore, which was on
the evening of the 30th August, 1892.
On arrival, I and the other masters reported to the Collector of Customs at Victoria,
|Mr. Milne, the seizure and confiscation of our vessels, skins, and tackle by the " Zabiaka,"
|our detention at Petropavlovsk, add the manner of our return to Victoria, all as herein
contained.
At no time during the whole voyage was my vessel nearer to Russian territory than
g30 miles, nor at any time (on the day ol' seizure or otherwise) did I myself or my m.en or
any of thcin engage in sealing or attempt to do so within 20 miles of any Russian
territory.
Now shown to mc, and marked Exhibit (13), is a jiapcr which was given to me by the
Captain of the " Zabiaka," at the same time that he gave me Exhibit (A), saying that it
was a copy of a statement drawn up by him as to the seizure.
Now shown to me, and marked Exhibit (D), is a document written by a hunter on
board of the " Ariel," under my instructions, and is a protest duly signed by me at
Petropavlovsk against the seizure and confiscation of the schooner " Wdlic McGowan,"
her tackle and skins, as therein appears, a copy of which I gave to the Governor. At the
end cf Exhibit (I)) is an acknowledgment, written in Russian, of the receipt of a copy of
said protest, signed by a clerk or deputy of the Governor of Petropavlovsk.
And I make this solemn declaration, conscientiously believing the same to be true, and
by virtue of the " Act respecting Extra-judicial Oaths."
(Signed) JOHN DALEY.
Declared before mc, at the city of Victoria, in the Province of British Columbia, this
6th day of September, a.d. 18U2.
(Signed) Artuuji G. Smith,
Notary Public, Baitish Columbia.
(A.)
1 his is Exhibit (A) to the declaration of .John Daley, taken before me at the city of
Victoria, British Columbia, this 6th day of September, a.d. 1892.
(Signed) AiiTiiuu G. Smith,
Notary Public, British Columbia,
Protocol drawn up on the Qth July, 1892, on board the Cruizer " Zabiaka."
r* (Translation.)
I On the Gth July, 18D2, at 5-50 p.m., in latitude 54° 30' north, and longi;udo 167'' 27'
;| east, there was seen on the horizon, two po'nts to the right of the course of the cruizer
' " Ziibiakn," which was going iii the direction of point 74'' south-east, and at a distance of
from .'j to G miles from the cruizer, a sailing-vessel under easy sail, and the Commander of
the cruizer. Captain of the 2nd Class Jioris Karlovitch de Levron, gave orders to make
for her. In a short time it was noticed by the cruizer that the vessel was setting more sail
and was making away from her with little wind. The cruizer increased her speed to
11 Knots, and a blank shot was fired from a {J-pounder; but thejvesjel continued her
course. At 7 p.m., when within half-a-mile of the vessel, a second blank shot was fired,
after which the vessel's topsail and storm staysail were lowered and she turned to the wind*
running up the English merchant fiag. Fifteen minutes later the cruizer was within a
cable's length of the vessel. A boat with Lieutenant Panjerofl; Midshipmen Kuzin and
Zelenetsky, and an armed crew was sent to the vessel, on which Lieutenant PanjerofF,
Midshipman Kuzin, one quartermaster, and ten men were left to take her to the port of
Petropavlovsk, while the master and the greater part (twenty-one) of the crew were taken
into the boat and brought to the cruizer by Midshipman Zelenetsky, who reported that the
vessel bad been sealing off the siiores of Copper Island, and that a certain immber of skins
had been found in the hold. The Commander elicited from the master that there were on
board his vessel Fcal-skins which had been obtained off the shores of the Commander
Islands, but the master said that he had never been told by any one that sealing was not
allowed in Russian waters. In reply to the Commander's question as to why h° tried to
escape from the cruizer by putting on more sail, the master said, " I thought an American
cruizer was after me."
L604]
F 2
w
86
The Commander informed the master that he was under arrest and <hat his vcssil
was seized. The vessel was taken in tow, and tlic cruizer made for Petropavlovsk.
The ship's papers were talccn from the master. The following particulars are taken fruni
them : —
The two-masted schooner " Willie McGowan," 115 tons, under the Hrilish flap;, nml
commanded by John Daley, left Victoria, British Colunihio, on the 3rd Juno, to fish in
Behring Sea and the Sea of Okhotsk. The crow consisted of twenty-two men besides the
captain. Seven of these received no regular pay, but were to be paid according to tlic
number of seaUskins obtained.
The captain and crew offered no opposition.
<;Signed)
Lieutenant i'ASONOFF.
L \KHTIN.
BEZKROVNY.
ARNANTOFF.
Captain (2nd Class) DE LEVRON.
JOHN DALEY.
I*
Declaration of the Master, John Daley.
(Translation.)
Not having been aware that I was doing injury [or " liad done injury "] to nny
Government, and being at the time of my arrest in latitude 53" 50' north and longitude
167° 50', and not understanding this paper, I record my protest.
(Signed) JOHN DALEY,
Master of the captured Schooner " Willie McGowan."
July 20, 1892.
A true copy :
(Signed) Lieutenant Bkzkkovnt,
Auditor of the 2nd Class Cruizer " Zabiaka."
(B.)
This is Exhibit *'B' to the declaration of John Daley, taken before me at tiio city of
Victoria, British Columbia, this .'ith day of September, a.d. 1892.
(Signed) Aniuuii G. Smith,
Notary Public, British Columbia.
Order drawn up on board the 2nd Class Cruizer " Zabiaha," in the Roadstead of
Petropavlovsk.
(Translation.)
Whereas a Protocol was drawn up on the 6th July last by a Commission api)oin(c(i
by my order on the 28th June (No. 60), in regard to the search of the sciionner " Willie
McGowan ;" and whereas a Notice was published by the Imperial Russian Government in
1881, and whereas Regulations were issued by the Governor-General of Eastern Siberia on
the 1st November, 1883 (No. 1171), and whereas instructions were given to the cruizer
by the Commandant of the port ot Viadivostock on the 'J2m\ April, 1892 (No. 1425),
I, Boris Karloviteh de Levron .'3rd, a Captain of the 2nd class, and the Commander of the
aforesaid cruizer, have ordered as follows, on this 18th day of July, 1892 : —
1. The schooner " Willie McGowan " is to be confiscated and sent to Viadivostock
under the command of Lieutenant Panjeroflf.
2. The master and crew are to be sent into the town of Petropavlovsk, and allowed
to return to their native country.
3. A complete inventory of the schooner is to be drawn up on her arrival at
Petropavlovsk.
4. Such part of the cargo as would spoil by keeping, as well as the spare boats and
tackle, shall be sold by auction nt the port of Petropavlovsk, for the benefit of the
Government.
fi. The seaUskins shall be handed over to the Head of the District of the Commander
Islands against h's receipt.
t
t and (liat his vcssd
for Petropavlovsk,
iliirs are taken from
tlio Britisli ilanf, ami
Ird Juiu", to fisli ill
two men besides tlie
aid according to tlic
37
fi. The present Order is to be conimunieated to the proper authorities.
7. Captiiin Daley shall receive copies of (he Protocol and the present Order.
(Signed) DE LEVRON 'ird, Captain of the 2nd Class,
Commander of the 2nd Class Cruizer
" Zabiaha."
A true copy :
(Signed) Lieutenant Bezkrovky, Auditor.
lASONOFF.
L \KI1TIN.
BEZKROVNY.
ARNANTOFF.
DE LEVRON.
JOHN DALEY.
le injury "] to anv
lorth and lonijitudc
>ALEY,
\ illie McGowan."
we at tlio citv of
1892.
loudslead of
mission nppoinlcd
schooner " Willie
II Government in
Eastern Siberia on
en to the criiizcr
1892 (No. 1425),
Commander of the
t to Vladivostock
ovsk, and allowed
n her arrival at
c spare boats and
le benefit of the
f the Commander
(C.)
'r This is Exhibit " C " to the declaration of Jolm Daley, taken before me at the city of
Victoria, British Columbia, this 5th day of September, a.d. 1892.
(Signed) AuTiiuii G. Siirrir,
Notary Public, British Columbia.
Port of Pelropavlovsk, Kamschatka, Russia. "
This agreement is hereby made and entered into by and between N. 0. Lorentzen, of
the American barque " Majestic," of San Francisco, party of the first part, and officers and
crews oi' the Canadian schooners "Willie McGowan," of Shelburne, " Rosie Olsen " and
"Ariel," of Victoria, now captured by n Russian cruizer and detained in this port, parties
of the second part : —
1. The said master of the barque "Majestic" agrees to receive on board the said
barque, as passengers, the said parties of the second part, and convey them to some
Puget Sound pit (American or Canadian), at the option of the master of the barque
"Majestic."
2. The said master of tl. ; barque " Majestic " docs not agree to furnish said
CBSengers with any other accommodation than as may be found in the hold of said
rque, nor with any provisions, water, or other stores, except such as have been or shall
yti be put on board by said passengers, or for their benefit and behoof by the Commander
of the cruizer " Zabiaka," their captor.
3. If through any stress of weather or other accident incidental to the danger
ft* navigation, the master of s^'d barque should deem it necessary to put in and land said
pisseiigcrs at any other port, the said barque or her owner shall not be held responsible to
•ikid passengers for anything.
4. As the said officers and crew of said schooners " Willie McGowan," "Ariel," and
** Jlosie Olsen " are left in this port destitute and distressed, and as there is no Repre-
■ttltative of the Government here, or within the reach cf communication, they do hereby
most earnestly request and petition the Government of the Dominion of Canada to
pay the owner of said barque " Majestic," or his order, such sum as may be right for their
passage home.
5. The said passengers hereby bind themselves to the said master of the barque
*' Jklajestic," or to whoever shall go as master, to submit respectfully to be governed by
uph orders and commands as he may give for the peace, safety, and good order of all on
HSrd, and at all times to give their aid in preserving order, or doing anything he
^e master) may deem necessary for the common good.
Also to abide by his directions for the serving out of provisions and water, and never
toitakc any provisions or water except as served out to them.
Also to regard all provisions put on board for the benefit of captured crews as
UJ|onging alike to each and all.
: J^ G. In case of any crimes or disturbances occurring on board by any of said passengers,
{j^ matter shall be decided by a Board of three, composed of the master of said barque
tu£i two of the officers of the captured schooners, to be appointed by him ; and any
lision given by such Board we do hereby promise and agree to abide by without any
eal or recourse to any Court, and without holding said barque or her owner responsible
refor hereafter.
7. The water-casks, stoves, cooking- vessels, boats, and oars now on board said barque
lajestic," and furnished by said cruizer " Zabiaka " out of thn captured sealers, are the
bperty of said barque " Majestic," as also any stores that may remaia over whei; the
is ended.
miW
88
Here tlien follov tlic signatures of master, ofliccrs, ami crow of " Willie McGownn,
"Ariel/' and " Rosio Olscn."
Dated nt PeUopavbvsU, 8tli August, 1892.
(Signed) N. C. LORENTZIOV.
Munter of the Barque " Miiji-stiv,"
(D.)
This is Kxliibit (D) to tic dedarntion of John Daley, taken before me at the eity ol
Victoria, British Columbia, this 5th day of September, a.d, 1892.
(Signed) AuTiiUH G. Smith,
Xolanj Public, British Columbia.
B«5 it remembered that I, John Daley, master of the British 8choi>ncr " Will
McGowan," registered at Shelburne, Nova Scotia, Dominion of Canada, of tlic register,
tonnage of 115 tons or tl;eieabouts, which was seized and captured by the In, peri.
Russian cruizcr "Zabiaka" on the 18th day of July, a.d. 1892, in latitude 5'^ .'jO' iiou
and longitude ]()7" 50' east, or tiiereabouts, do hereby most earnestly and sulcinn
protest :—
1. Against the seizure of said schooner upon the high seas.
2. Against the retention by the said cruizer, or her Commander or oflicers, of tiic j;i'
schooner " Willie McGowan," her outfit, furniture, or cargo.
3. I also specially and particularly protest against the seizure and retention b
the said " Zabiaka," or her officers, of any of the personal effects of myself, my otliccr-
or crew.
Dated at I'etropavlovsk, Kamtchatka, this 5th day of August (24th July).
(Signed) JOHN DALEY, Master,
British Schoo'^cr " WlUle McGowan."
(Translation.)
I have received a copy of this protest this day, 25th July, Petropavlovsk.
(For the Head OtJicer of the District),
(Signed) AvuoiENKO, Assistant.
••1
■t
In the matter of the seizure of the schooner " Willie McGowau " by the Russian q\uu.
"Zabiaka."
I, Charles II. White, of the city of Victoria, iu the Province of British Coluiiibi
seal-hunter, do solemnly declare as follows : —
I was engaged as a seal-hunter on board the said schooner. On the 18th d.iy
July, 189j, about 5 p.m., I sighted a steamer following us. Wc put on all sail, 1.
the steamer kept overtaking us and fired a blank shot, but in what direction 1 do i.
know. Tiie Captain ( Daley) then came up and told us to go below, so as not to muk'
big crowd on deck. We went below, and about ten minutes afterwards l heard a slix
shot, then I heard the captain giving orders to heave-to. Tiien I came on deck and li
vessel was hove up head to the wind, and the steamer came up on our weather bow, do.
enough to hail us, probably about 50 yards or so away. An officer on the bridge of t:
steamer, which was Itussian by her flag, sung out to us to lower all sails, which was do:
imtnediately. Then a boat came over from the steamer with three officers and al>u
fifteen marines on board, all armed with riHes and bayonets, upon our lee side, bouKk
us, and two of the officers went down into the cabin and the marines scattered along ti
deck.
The officers came up and told Daley to come down and show them the hold, ai
when they came up, which was about five or ten minutes afterwards, one of the odicc::
spoke in Uussian to the officer left on the boat. Then the officer on the boat, beckoiiiii;
to Daley, said, "Captain, your papers;" to which Daley answered, "You want i:
papers ?" To which the officer replied, " Yes, and yourself also." Then we were i
driven off the deck by the marines with fixed bayonets into the boai and taken overt
the steamer without being allowed to take anything but what we had on. We were tli;i
all formed in line on deck and counted, and the marines, ordered by the office' asl
believe, searched all of us and took away our knives and matches, which vvere neve
>f « Willie McGowiii
-ORENTZiOX,
Barque " Maji-.slic,"
I'C me at llic citv ol
A.D. 1892.
ish sclioonci* *' Wili
lada, of the regi>tc'i,
ured by the lii,p;i:
latitude 5'^ .')0' noi;
i-nestiy and solciiir.
or officers, of tlic sai
ure and retention l>
>f myself, my olliccr.
4th July).
1.EY, Master,
Willie McGowuH."
)avlovsk.
the Russian crui/. ;
)f Britisli Cuhiiiibi
On tiie IStli d,iy
put on ill! sail, i .
t direction I do n.
so as not to nmki'
ards I heard a shar,
ime on deck and ti:
r weather bow, clov
on the bridi(e of tL
ails, whicli was do:!
; officers and al)!.
)ur lee side, boaidc
5 scattered along tL
Ihem the hold, ac.
I, one of the odia::
the boat, beckoiiiii.
3d, "You want n;
Then we were i
'il and taken overt
on. We were tliei
by the office' asl
I, which were neve
rrturned to me or some of the others. We were then nil marched forward, except the
etptnin, wlierc we stayed on deck about one hour, not being allowed to go below. Then
cne of the petty officers beckoned to us to follow down below between decks, which we
dM, nnd there found the crew of the "C. H. \M)ite," from whom we got something to
eat, which was ail we got that night. We sle|)t on the lockers, some of us on coats
Iwnrd us by the crew of the steamer, and some on boards.
The next day we got only hard rye bread and weak coffee for breakfast; for dinner,
BOup, with grease stewed in it, salt beef, and hard tack ; for supper a sort of porridge was
j^iven us, wiiicli none of us could rat. The above was the daily faro until we got to
BBtropavlovslv, and until we gof ashore.
All my jjropcrty that 1 had on board, to the value of about GO dollars, outside of
■cone clothes that I managed to get together, it having been taken out of my berth and
«ptittered around by the Russians, was, I believe, stolen or appropriated by the
•*Zabiaka's " officers or maiines.
Tiic account of the treatment that wc received at Petropavlovsk and on board the
"Majestic," as appears by the statement, made the 5th day of September, of John Daley,
qur master, which I have read, is correct and accurate in all particulars.
At no lime during the whole voyage up to the time of seizure did I myself or any
df the otlier members of tlie crew engage in sealing, or attempt to do so, within at least
M miles of Russian territory.
And I make this solemn declaration conscientiously believing the same to be true, and
by virtue of the " Act respecting Extra-Judicial Oaths."
■ (Signed) CHARLES H. WHITE.
Declared before me at the city of Victoria, in the Province of British Columbia, this
Cith day of September, 1892.
(Signed) Arthur G. Smitet,
Notary Public, British Columbia,
(Seal.)
In the matter of the seizure of the British schooner " Willie McGowan " by the Russiaa
cruizcr " Zabiaka."
I, Thomas Frederick Bernard Moore, of North Sydney- Cape Breton, do solemnly
dipclare as follows :—
• ii I shipped as mate on the above-named schooner. I have read the declaration of
flohn Daley), master of the above-named schooner, made the 5th day of September, 1892,
abd hereby conlirm the first two pages thereof as being true and accurate in all respects,
tuad the remainder thereof, as far as the facts th( rein stated, are within my personal
Ifnowledge.
. : I was tie only member of the crew of the " W^illie McGowan " that was left on the
Hbooner with the Russian prize crew.
On the way to Petropavlovsk, after the hawser parted (as stated in the said
declaration of John Daley), I had a conversation with the officer who was second in com-
iaand of the prize crew, and who was the only one of the said crew who could speak
^nglish so as to be understood by each other. I asked him by what right the schooner
#ad been seized, and he replied that he didn't know. 1 asked what the limits of the
pussian waters were, and he said, " All the Kamtchatka Sea." At this time we had
fffore us a Russian Chart of the North Pacific Ocean, and he pointed out on the Chart as
le Kamtchatka Sea what on our Charts is marked as part of the North Pacific Ocean.
is he pointed them out on the Chart, the limits of this Kamtchatka Sea embraced the
raters between the line inclosing the disputed waters known as the Behring Sea and the
lussian mainland, and as far south as the Knrile Straits. He said that these waters were
«U Russian, and he further said that the Russians would seize all schooners found within
Ipiose limits.
And I make this solemn declaration conscientiously believing the same to be true,
knd by virtue of the "Act respecting Extra-Judicial Oaths."
(Signed) THOMAS F. B. MOORE.
Declared before me at the city of Victoria, in the Province of British Columbia, this
Bth day of September, A.O. 1892.
(Signed) Arthtje G. Smith, , - •
Notary Public, British Columbia. v .'• ,„
•il^
In the matter oi" the seizure of the schooner " Rosie OUcn."
Affidavit.
On the 6th day of Septeinhcr, in the year of our Lord 1892, personally nppiiircd
and presented himself at the office of Alexander Hovvland Milne, Collctor of Custon,;
ut the port of Victoria, British Coiumhia, Michael Kcefe, nuistcr of tiie Hrilish schoont,
"Rosie Olsen," official No. 97152, and registered at the port of Victoria, Brilisli
Columbia.
By the instrument of affidavit hereinafter contained —
Be it known and made manifest that Michael Kcefe, master of the schooner " Rosie
Olsen," belonging to the port of Victoria, British Columbia, doth duly and solemnly
swear and state is follows, tliat is to say : that the said Britisii schooner " Rosie Olsen,"
a vessel of 39 tuns rcj^islered tonnage, schooner rigged, and having a crew of six wliitc
men and sixteen Indians, the vessel being tiL'ht, staunch, and strong, well maniid,
victualled, and sound, and in every res|:ect fit to perform the intended voyage.
That the said British schooner " Rosie Olsen " was regularly cleared in due form at
the port of Victoria, British Columbia, in acrordance with the laws of the Dominion ol
Canada, on the 4th day of February, 1802, for a voyage to the North Pacific Ocean, and
having on board ballast and stores, and hunting outfit.
That the said schooner " Rosie Olsen " sailed away under every prospect of a success.
ful voyage, and that she proceeded to cruize on the waters of the North Pacific Ocean,
pursuing her legitimate hunting on the open ocean, far beyond any limitation to huntin,-
or fishing on the open high seas.
That on the 6tli day of June the said schooner " Rosie Olsen " was boarded by a
Lieutenant from the United States' cruizer " Adams," who warned the master of the said
schooner " Rosie Olsen " not to enter Behring Sea, and showed the master of the said
schooner "Rosie Olsen " a Chart of the Behring Sea, with the line of demarcation marked
in red, and if caught sealing to the east of said line his vessel would be seized; and wiieii
the master of the said schooner " Rosie Olsen " informed the Lieutenant of the said United
States' cruizer " Adams " that he was going over to the west of the line towards tiie
Commander Islands, and was then informed by the Lieutenant of the said United States'
cruizer "Adams" that he thought there was no danger of seizure by the Russians
providing the master of the said schooner " Rosie Olsen " did not get too near tlie shore,
and when asked what the limit was, the said Lieutenant replied, " Go where you like as
long as you keep clear of the east of that line, or outside the S-milc limit of the Aleutian
Islands."
On the 9th day of June last the master of the said schooner " Rosie Olseu " was
hailed by the United States' steamer •* Mohican," and warned in the same way.
That the said schooner "Rosie Olsen," on tiie 2Cth July last, whilst lying-to in
latitude 54° 24' north, and longitude 1G5° 40' east, about 38 miles off the west coast of
Behring Island, was hailed by the Russian Fur Company's steamer " Kotik," which had on
board the Governor of Behring Island, whose name is Grcbnitzky ; was ordered to come
on board the said steamer " Kotik," and bring his i)apers with him, which, after being
examined, the said Governor of the Behring Island informed the master of the said
schooner " Rosie Olsen " that he was going to land and confiscate the skins, as having
been taken in Russian waters, but that he would not confiscate the vessel.
That the said schooner " Rosie Olsen " was taken in tow by the said Russian Fur
Company's steamer "Kotik," and after steaming around to pick up the crew of the said
schooner " Rosie Olsen," which were out in the boats, proceeded to Behring Island.
That whilst on board the said steamer " Kotik," the master of the said schooner " Rosie
Olsen," the Governor of Behring Island drew out a paper, written in Russian, which he
asked the master, Michael Keefe, to sign, and if the master of the said schooner '* Rosie
Olsen " refused to, he would be sent to Vladivostock to stand trial for illegal sealing in
Russian waters, and also that the said master, Michael Keefe, could protest if he liked, but
that if any lengthy protest was made he would have to stand trial, and the less he said
the better; under this threat and menace of punishment, the master of the said schooner
"Rosie Olsen" signed the document under protest.
That the master of the said schooner '• Rosie Olsen," as well as his crew, with the
exception of two men who were left on the said schooner, were ordered on board the said
steamer " Kotik," which steamer then steamed for Petropavlovsk, arriving at that port
on the 28th day of July last.
That on arrival at Petropavlovsk the said master of the schooner " Rosie Olsen "
)l8cn."
, personally appeared
Z!ollef;tor of Custon.j
tlie Hrilisli sclioontT
of Victoria, Briti,!,
the schooner " Rosic
duly and solciimlv
oner " Rosie Olsen,
a crew of six white
rang, well manned,
I voyage.
ared in due form at
of the Dominion of
h Pacific Ocean, and
rospect of a success.
^orth Pacific Ocean,
imitation to huntin'
was boarded by a
e master of the said
master of the said
lemarcation marked
e seized ; and when
t of the said United
he line towards the
said United States'
-e by the Russians
too near the siiorc,
• where you liiie as
nit of the Aleutian
Rosie Olseu " was
le way.
whilst lyii,g-to in
f the west coast of
tik," which had on
as ordered to come
wiiich, after being
aster of the said
le skins, as havini;
1.
said Russian Fur
e crew of the said
uing Island,
d schooner " Rosie
Russian, which lie
schooner "Rosie
■ illegal sealing in
est if he liked, but
id the less he said
the said schooner
lis crew, with the
on board the said
ving at that port
[• "Rosie Olsen"
uestcd (n know what would he done with them, and the answer was that the Govcrnoi
not know or care what became of them after they were put on shore.
,1 That the master and crew of the said schooner "Rosic Olsen" were informed th t
tbcy would have to go to a room at the back of the gaol where the crews of the other
Mi/ed NC'iinoner^^ were, numbering in all thirty-eight men, and as the crew of the said
iOliooncr numbered twenty, the master of the said " Rosie Olsen" saw there would not
be room for all the crew.s. The master, Michael Keefe, then went to M. Malvanonsky,
«Hbo, on being informed that there was no accommodation for them all, went to the
Mayor, who, after considerable delay, allowed the master of the said schooner " Rosie
Olsen," as well us his crew, two small buildings, one for the Whites and th^ other for the
Indians.
'I'liat tiie ^kins of the said schooner " Rosie Olsen '' were landed at Hehring Island,
numbering ^77, and the master of tliesaid sciiooncr " Kosie Olsen" was informed by the
Governor of Bchrinu Island, who was in charge of the Russian Fur Company's steamer,
that the skins would l)e sent to London, and sold lor the benefit of the Russian Govern-
ment.
Tiiat the Governor of Beliring Island did not exhibit or show any document or paper
parportim; to be any authdiity from the Russian Government, and the vessel appeared to
the s;aid master. Michael Keefe, lo be only a trading vessel, but with a crew sufficiently
large to overpower the crew of the said schooner " Rosic Olsen," no resistance being
shown by the .->aid schooner, as the master was informed by the officer in command of the
said Russian Fur Company's steamer " Kotik " that if resistance was shown Lis vessel
wpuld be run down.
That suflicient provisions were taken out of the schooner at Beliring Island to supply
lb« crew of the schooner until they leached Petropavlovsk, at the earnest request and
solicitation of M. Malvanonsky, a resident foreign merchant, and who formerly resided
ai Victoria, British Columbia.
(. That the Russian Fur Conriany's trading steamer " Kotik," with the master and
crew of the said schooner " Rosie Olsen " arrived at Petropavlovsk, on board of whicli
was IM. Malvanonsky, who, on arrival there, went on shore to see the Governor, leaving
the master and crew of the said schooner " Rosie Olsen " on board. On returning
M. Malvononsky reported that the Governor did not seem to know or care what became
Of them on going on shore.
That the master, Michael Keefe, of the said schooner "Rosie Olsen," was
threatened with personal violence by officials of the Russian Government at Petropavlovsk
if he did not deliver up his chronometer, nautical instrum:nts, charts, and other personal
ffopcrty and effects for the use and benefit of Captain de Levron, the commanding
flpicer of the Imperial Russian cruizer " Zabiaka," on threats of being flogged (declined
ttt deliver them up).
•I That the crew of the said schooner "Rosie Olsen," while in Petropavlovsk, were in
«deplorable condition for want of food and clothing, and got no supplies from the Russian
olScials, subsisting only on the food they brought with them on leaving their schooner.
That on arrival of the master and crew at Petropavlovsk, on the information and
intercession of the before-mentioned M. Malvanonsky, a foreign resident merchant, who
mited on the Governor of Petropavlovsk, who, for some reason best known to him,
pclined to take cognizance of the seizure, and would have nothing to do with the seized
phooner, her master, crew, and outfit. On further representation being made bv the
mmander of the Russian Fur Company's trading stei>' "Kotik " to the Commander.
m Levron, of the Russian cruizer " Zabiakd," who also declined to have anything to do
pth the seized schooner, her master, crew, or outfit, but placed a man-of-war's man on
■^ard, and prevented the master and any of the crew going on board the said seized
hooner " Rosie Olseu."
That at Petropavlovsk, after enduring hardship, and being desirous of reachin<»
me. the crew being poorly clad, without shelter and little tood, the master of the said
Rosie Olsen, ' conjointly with tiie masters of the other seized schooners, made an
ngement with the master of the American barque " Majestic " to crant passatre to
gime Pu^et Sound or British port. o t- t,
L^ That as they had no ready money, and the master of the American barque " Majestic '
ing veiy exacting, drew up a paper, which was signed by the officers and crew of each
tlie captured sciiooners, which in fact they were ready to give away anything and
|most everything, to enable them to return to their homes.
That after being at Petropavlovsk twelve days, were peremptorily ordeied on board
\u..v,o.n KarnM« " Majestic " by Russian marines, with rifles and bayonets.
given to provision the crews on board the barque
m
J|e i^merican barque
That the stores
[5041
which were
a
..■
(
• 1
" Majestic " were given in from the stores of the seized schooners by the order of the
Cuptain uf tliu cruizer " Zubiul<a," and did not cost the muster of the Aniericun bar(|uc,
" Mt^estic " one cent, and the seized crews even tilling his water tanks and bmreln
snfficiunt for a voyage of forty-five days, and that also one bont. and two canoes were
taken for the seized schooner " llosio Olsen," also one stove and other articles.
Tliiit the crews deprived of portions of their clothing were jompelled to sleep in tlit
hold and other nncomfortable places on board the barque "Maji'stic," and the treatmint
whilst on board tliat vessel was not such as might be t;iven to distressed marincrj
returning to their homes helpless and destitute.
That on the arrival of the banjue "Majestic" in Royal Uoads, Victoria, nritisli
Columbia, the master of the said barque "Majestic'' claimed all the boats, stoves, ami
all extra provisions remaining unconsuined after a short pas8a;j;c of twenty-one days (!:•
bein;; provisioned for foity-live), having stipulated in writing with the crew that tluiv
articles would become his property, and which agreement was arranged as tlie (listrt^-nl
crows had no other course to pursue.
Tliat the master, Michael Keefe, does solemnly and sincerely swear that that tin
foregoing statemeiit is correct, and contains a true account of the facts and circunistanci-
attending the seizure of the said British schooner "Rosie Olsen," of Victoria, British
Columbia.
Wherefore the said apnearer, Michael Kecfe, master of the said British schooner
" Rosie Olsen," on behalf of the owners of the said vessel and on behalf of hintself and
crew, doth protest against the illegal interruption of his voyage, and seizure and conlisca*
tion of the said British schooner " Rosie Olsen," her boats, guns, ammunition, small-arm$,
appurtenances, provisions, and seaUskins then on board.
That the schedule hereunto annexed and marked (A) is a true inventory and
valuation of the actual loss sustained by the forcible seizure and confiscation of the said
schooner ; and on behalf of the owners and all concerned, t!ie said Michael Kecfe, master
of the ^.ud British schooner " Rosie Olsen," appeals for restitution and damages to the
full amount of the loss sustained.
(Signed) MICHAEL KEEVE, Master,
Schooner " Rosie Olsen."
Sworn to before me, at Victoria, this 6th day of September, 1892.
(Signed) A. R. Milne, Collector of Customs,
Port of Victoria, British l-ilumbia.
Be it remembered that I, Michael Keefe, master of the British schooner " Rosie
Olsen," registered at Victoria, British Columbia, Dominion of Canada, of the registered
tonnage of 40 tons or thereabouts, which was seized and captured by the Russian Fur
Company's steamer " Kotik," in charge of the Governor of Behring Island, on the
26th day of July, a.d. 1892, in latitude 54° 24' north, and longitude 165° 40' east, or
thereabouts, do hereby most earnestly and solemnly protest : —
1 . Against the seizure of said schooner upon the high seas.
2. Against the retention by the said steamer, or the said Governor of Behring
Island, or the Commander or officer of said steamer, of the said schooner " Rosie Olsen,'
her outfit, furniture, and cargo.
3. I also specially and particularly protest against the seizure and retention by the
said steamer " Kotik," or the said Governor of Behring Island, or the Conmiander
or officers of the said steamer, of any of the personal effects of myself, my officers or
crew.
Dated at Petropavlovsk, Kamtehatka, this 5th August (24th day of July).
(Signed) MICHAEL KEEFE. Master,
Schooner " Rosie Olsen."
(Translation.)
I have received a copy of this protest, the 25th July, 1 892, Petropavlovsk.
(For the Head Officer of the District),
(Signed) Avdotenko, Assistant.
i:
by the order of the
10 Aiiiericaa banjuc
tanks and barrels
d two cttiiocs Were
articles.
died to Hlec|» in the
' and till" treatrnent
distressed mariner?
s, Victoria, IJritihli
c buuts, stoves, iiiiij
wenty-ono days (||.
he crew tiiat thus,
-■(! as the distres-^cl
vear that that flu
and circuinstanci-
)f Victoria, Britijh
d Uritish sciiooiur
lalf of himself and
i/Aire and conlisca.
inition, small-arni\
rue inventory and
iscation of tiie siiid
:hael Kecfc, master
id damages to the
), Master,
VRoaie Olsei,."
48
Report Outward*.
No. 650. — Port of Victoria, Rritith Columbia.
(-'ontcnls in tlie scliooncp " Itosio Olscn," registered tcmnagc 31>.
Uegistered in port of Victoria, British Columbia, witli six men, M. Keefe, master, tor
tliis present voyage for North I'acitic Ocean.
« Cargo tons weight, tons measurement.
; Aijriit.
Markti nnd
^ Nunibcrs.
Sliippcri.
(Quantity niul Donoription
(if OoodH.
Vnluo.
CotifciniiiP",
I, Michael Kccfe, master of the vessel almve named, do declare that tlu" contents
above written, now tendered and subscribed by me, is a just and true account ol all the
Sods laden on board my vessel for the present voyage, and of names of t!.c respective
ippers and consignees of the said goods, and of the marks and numbers of the p:icUagej
containing the same.
(Signed) MICHAEL KEEFK, Master.
Signed and delivered before me at the Custom-house, port of Victoria, the 1st (h\ of
February, 18')2.
(Signed) J. Armstrong, Collector.
Particulars of Claim by the Owners of the Schooner " Rosie Olsen," of Viotoria, Britisli
Columbia, 40 tons register, seized on the 20th Jidy, 1892, by the Russian IniMcrial
Cruizer "Zabiaka," in latitude 54° 24 .lorth, longitude 105" 40' epst.
I schooner " Rosie
a, of the registered
y the Russian Fur
ig Island, on the
! 165° 40' east, or
'ernor of Bchrins
ler " Rosie Olsen,"
i retention by the
r the Conmiander
elf, my officers or
f July).
, Master,
"Rosie Olsen."
ivlovsk.
Schooner—
Value of schooner . . . ,
Boats—
2 boats at 110 dollars each . . . .
Outfits to ditto, at 20 dollars. .
Canoes —
9 eanoes at 25 dollars each . . . .
Outfits to ditto, 9 at 17 do). 50 c. each
Outfit of schooner —
Provisions . , . , . .
Ammunition . . . . , ,
Insurance premiums paid . .
Salt, 8 tons nt 14 dollars per ton . ,
Slop-chest and poods for trading ..
Coal, 6 tons at 7 dol. 25 c. • .
Ship eliandlery . . . ,
Guns —
10 shot-guns, at 35 dollars each
1 ditto ..
1 ditto . .
Wages —
Paid to captain, h-mtcrs, and crew
Seal-skins—
377 skins on board when seized, at 14 dollars each
Total claim
Dol. c.
Dol. 0.
••
8,000 <!')
220 0(t
40 00
2Gl) ()•;
2:.-) 0(1
157 50
r.sj 5)
1,000 00
!60 00
200 00
V
112 00
1,200 00
43 50
220 00
2,02-. .V)
350 00
55 00
45 00
45U ()')
• •
1,020 00
• •
5,2/8 (10
t. .. 18,910 00
(Signed) MICHAEL KEEKE, Master,
Schooner "Rosie Olsen."
[504]
G 2
T'^TfTTTir
44
In tlic matter oftlu' seizure of tlie schooner " Kosie Olson" by tlie Russian steanui
" Kotik."
I, -Micliael Kecfe, tnaster of the ubove vessel, do solemnly declare as foilorts: —
My vessel is a Uritisli vessel, registered at Victoria, British CoUnnbia, at alid;,
40 tons, in January 1891, owned by Andrew Gray, of Spratt and Gray, niaehiiii>i,
Victoria. Have been master of said vessel since January 1892. On the >Stli Febniuiv
1892, I set sail with said fcliooner, havini; cleared from Victoria on the 4th February,!.
iv scaling; voyage, with a crew of six white men. Went to Esjieranza Inlet, on the wc-
coast of Vancouver Island, and there took on sixteen In'jian seal-hunters. Left the inli
on the Lt\\ May, after having sealed on the coast, for tlie North Pacific Ocean„('or whitl. i
had my clearance from the Collector of Customs at Victoria.
After scaling along the British Columbian and Alaskan coasts, on the Gth June ] «,,.
hailed by the United States' cruizer " Adams," ordered to heavc-to, which I did, and an oflict
(a Lieutenant) boarded my vessel and gave me [japers warning me not to enter liehiih.
Sea, and wrote on my register that he had done so. He showed me on a Chart of BLJiiii.^
Sea a red line, to the east of which he said was the disputed waters, and, turther, that ;
would not be allowed to seal there, and if I was caught sealing there my vessel would k
seized by either the English or Americans. I then told that I was going over the wcyt o'
the line towards the Commander Islands, and I asked him if he thought there wa> ;ii;
danger of seizure by the Russians. He said he thought r.ot, provided 1 kept clear of tl
shore. I understood by that if I did not land at the rookeries I would be all right.
I asked him w hat the limit was, and he replied that he didn't know whether there u,
any, and if any, what limit. In conclusion, he said, "Go where you like as long as yc
keep clear of the east of that line, or without the 3-mile limit of the Aleutian Islands."
On the 9th June, afterwards, I was hailed by the United States' cruizer " .Mohicai,,
and warned in the same way.
I also understood before setting out from Victoria, from several persons, including tL
President of the Sealing Association, thai I was safe in sealing outside the disjjuted wuti-
and (mtside 9 miles from any Russian territory.
When hailed by the "Mohican" I was near Kadiak Island. Then I went ii,;
harbour, and having taken on water, left on the 20th June, on a course towards the Con.
mandcr Islands. 1 sailed around them, at no time being nearvir than 20 miles, generallv
greater distance, and on the 2(kh July I was lying-to in latitude 51 24' north, and loiiui-
tudc IC"/ 40' cast, about 20 miles off the west coast of Bchring Island, when [ was haik
by the Russian steamer " Kotik," which had on board the Governor of Behring [s'iii.i;
whose name was Griiuiniski. lie asked me in English to come on board and show hii
my papers. I did so, not thmking that there was any objection to doing so, and tli['
perhaps, he was going to warn me not to come too close to the islands.
He examined my papers. 1 asked him if they were all right, and he said "Yes.'' i
then asked if he was done with me, and if I could return to my schooner. He su
that he was done with me, but that lie would go with me on board my schooner to mc i:
I had any fresli skins on board. Then, changing his mind, he said he would leave me (
the "Kolik" while he went aboard my schooner to examine. This was done, and i,>
came back, and upon my asking him what he was going to do, he said he was going to tov
the schooner into Behring Island. I asked him what tor, and if he was going to seize lici
and he replied " No," but that he was going to stop me from sealing. I then asked hii
why he was taking the vessel to Behring' Island, and he said he was going to land and tm
tiseate the skins as having been taken in Russian waters, but that he would not conlisca'
the vessel.
He thin had the vessel taken in tow, and after steaming around to pick up my ik .
which were out in the boats, proceeded to Behring Island. On the way he drew out :
j)aper, written in Russian, which he translated to me, stating the time of seizure. Ini'
nothing as to the place (except the number of hours the sieamcr was coming to me alt-'
sighting me), and the number of skins I had on board, which was 377. There was also i
it some extract or other from a Law, issued by the Governor-General of Eastern Siben.
prohibiting sealing and trading in Russian waters without u licence. There was nior
in it that I do not recollect. He then asked me to sign it, which I refused to iIk
protesting against the seizure. He said that if I didn't sign it he would have to seiii!
me to Vl&divostock to stand my trial for sealing ilio;^aUy in Russian waters, and, further
that I could protest if I liked, but that if I made any lengthy protest I would have to stin '
my trial, and the less I said the better it would he for me.
I signed the document after having written on it a protest to the effect that 1 admittoi
the number of seal-skins that were on board, but nothing as to sealing in Russian water-
J
46
e Russian .steaiiu
as I'ollorts : —
Columbia, at alioi,
\ Gray, niacliiiiiv|,
•n tlic Ntli Febiiian
lie 4tli February, o
'.a Inlet, on tbu \v[v
teis. Left the inle
:; Ocean„l'or wliicli i
I the Gth June ] «„.
Ii I did, and an oflicx
)t to enter Belnih.
1 a Chart of Dehrii,;
and, further, that ;
my vessel would h
i»g over the uc.-t o
ught there \va- ;ii;
I 1 kept clear of tl
be all right,
w whether there u,
like as long as yc
eutian Islands."
cruizer " .Mohicni..
irsons, including th-
tlie disputed wiitf
Then I went iht
c towards the Con ■
miles, generally
4' north, and lon;;i-
, when [ was haik
of Behring [s'aui,
oard and show hii
doing so, and tli;-
le said " Ye.s.'' i
chooner. He .-;ti
schoontr to slc i;
would leave nif (■
was done, and l.v
e was going to tov
going to seize iici
I then a!?ke(i iiii
; to land and kh
juld not conlisca'
pick up luy eu .
way he drew nut ,
ne of seizure. Inr
L'oming to me iilt>'
There was alsn
f Eastern SilKii,
There was luor
I refused to di.
luld have to >v\v
nters, and, furtliir
ould have to stiH
!ct that 1 admitti
in Russian water-
§f as to the Governor-General's Proclamation, and stated that T was in the North Pacific
flicean at the time of the seizuiv.
X Griminiski read what 1 had written after I had signed, and remarked that there
fas no North Paeific Ocean there, that it was all Russian waters, to which I said
'fpothing. No further talk took place between us until we got to Behring Island, which
jfas about 11 p.m. He then ordered myself and my crew (except two of my men, who
lere left on the schooner) to go on board the schooner "Kotik' wi.h our belongings
b go to Petropavlovsk, and said that the schooner would also go there, lie said to take
•Ihough provisions out of the schooner to last me and my crew about ten days,
Mnd that the balance would, by request from him to the Governor of Petropavlovsk,
"Ite returned to us on the arrival of the schooner. He also said that he would pay tlu;
^ihdians for their eight canoes, and that all our personal property would be given to us.
•I'hese promises he made through the intervention of a M. Malvonosky, a fom .r resident.
'^ Victoria.
;'' The "Kotik" then set out at 12 p.m. for Petropavlovsk, where we arrived on th;
IjKth July, and the captain and .Malvonosky went ashore to see the Governoi', leaving iw
'on board. When they [f/^* back I asked Nialvonosky what we were to do. and lie said
that we had to go ashore, ano that the Governor did not seem to know or care wiiai;
ifould become of us after we got ashore.
■ '' We understood, and Malvonosky told us that wc would have to go to the rojiu af.
'^e back of the gaol where the crews of the other vessels that hud been seized were ;
there were thirty-eight men in these two crews. 1 went to said room with my men (to
the number of twenty) with all our baggage, and looked at the place and saw at once that
there was no room for us. I then went to Malvonosky and told him that there wa.^
no accommodation, and he went to the Mayor (as he told us) and brought him to me,
and explained to him in Russian, and after a good deal of talk we were allowed by the
Mayor to go to an old disused hospital where the Indians went and stayed, while M. Malvo-
nosky allowed the Whites among us to use a store owned by him. We then returned to
Victoria by the " Majestic," and having read Mr, John Daley's declaration dated the .Otli
•Aiy of September, 1892, of how we came to get on board of her, and the treatment that
#as accorded to us by Captain Lorentzen, I corroborated the same in all respects. Tiic
Deper marked (C) was given me by Captain Lorentzen,
'" Before leaving Behring Island on board the " Kotik," Griminiski promised that i
lihould have, on the arrival of the schooner at Petropavlovsk, my chronometer (wortlL
'900 dollars) and other nautical instruments and charts and other personal effects. Ou
Ihe arrival of the schooner at said port I went aboard and took all these effects, with all m>
%hite crew, who also took their belongings, the officer in command who was put in charge
% Behring Island being present, and making no objection, as he knew about Griminiski','
promise.
The day after this officer came to me and stated that he was sent by the Captain of
|be "Kotik" to get my chronometer, as the Captain of the "Zabiaka" (De Levron), n
Jlussian cruizer in port, wanted it. I declined to give it up until 1 saw fut-ther about it.
^hortly after the Captain of the " Kotik " came to me himself and demanded the
liu'onometer, through an interpreter, saying that De Levron wanted it. I refused to give
saying that Griminiski had allowed me to take it, and that I was going to keep it unless-
ft was taken from me by force. The Captain then said he had no doubt that force would
<j used; and perhaps flogging. I said, " I won't give it up." Then an officer in charge
i)f the schooner came to me two oi three times afterwards, and asked me tor tiv
thronomctor for De Levron. 1 refused. I also heard that De Levron had threatenett
lo have me and my effects searched for it, and that I would be flogged. No attempt,
lowever, was made to take it from me by force.
At no time during the voyage was my vessel within 15 miles of Russian territory.
^or when my boats were out engaged in sealing was my vessel within 20 miles of Russian
territory, nor did I or any of my men engage in sealing at any time up to the said time ot
Seizure within 20 miles of Russian territory, it having always happened that my schoonei
%us nearer to land than my boats when out sealing,
'^ (Signed) MICHAEL KEFFE,
Declared before me, at the city of Victoria, in the Province of British Columbia, this
Sth day of September, 1892.
(Signed) Arthur G. SMiTn,
..p Notary Public, British Columbia.
t (Seal-)
^111 ,J. '11
46
"'w
In the mntter of tlie seizure of the Britisii schooner " Rosie Olsen," by the Russian
stcatner "Kotik."
1, John James Campbell, of tlic city of Victoria, mate of said schooner, do soli'iiuili
and sincerely declare : —
I shipped on said vossi-l as mate. On the 2Gtii day of July, 1 892, wo lowered our \w,\\i
about 10 A.M. to go hunting seals. About 2 I'.M., being on one of the boats, I saw tin
colours flying on the sclioonor, by which 1 knew that all bnnds were wanted on board
Before j^etting to the sclioniier I saw the steamer " Kotik." a Russian vessel, stcaininj
towards the schooner from the land. I got to the schooner before the steamer got ( lus'
by. 1 heard our captain being ordered by the steamer's olliccr to heave-to and cihl
r.bonrd and show his jm|)ors, and bring bis log-lmok with him. We then lowered a lioai,
and (he captain and two sailors got into it, and went on hoard the " Kotik." After tlm
got on hoard, the "Kotik" lowered a boat, wiiieli went out to meet a canoe wliicli
was ours, and took it to the " Kotik," and afterwards those on hoard the boat iioardni
us, among whom was the Governor of Hehring Island, of the name of Griminiski, ]
believe, and M. Malvonosky.
The (Governor demanded to be shown down into the hold, and one of his men wcir
down with nic to examine th.e skins to see if any were fresh. Alter the examination tli,
r.iaii addressed the (jovernor in Kuss-ian, who was on deck standing by the hatchway, I
whicli tlie Governor replied in Russian. The man then asked me in English if tliosi
were ail the skins that we had on board ; told him " Vcs.'' I'hen we went on deck, ain
tlie (Jovernor asked me in English liow many skins we iiad ; I said ";i77."
lie then asked me for a list of the crew, wliieh I gave him. 'I'hen I asked him if In
was going to seize the vessel. He said he didn't kno'.v ; \t would have to be looked into
Then be and his men returned to the " Kotik," ami a short time afterwards the i)oiH
came liack with a tow-line, and the man in charge asked me in English to fasten tiie tow.
line. I asked him whr.t he was going to do, and lie replied tiiat we were to be towed inti
Bo> ling Island village. I tb'Mi fastened the tow-line, and the steamer proceeded to nicel
t!.' eanoes that had not yet got hack to the schooner. After they were picked U]), we
were towed to the village.
.Alter the steamer had anchored, the Governor, Captain, and officers of the steamer,
and M. Malvonosky and Captain Keefe came on board the schooner, leaving two sailob
on board the " Kotik." The captain (KecCe) tluMi told us we had to pack up our
belongings and go on hoard the " Kotik," which we did.
The Governor tohl ns in our cabin that wo could take all our personal property exccpi
the guns, which we did. Keefe asked the Governor about his chronometer, when tin
Governor told him to leave it on board the schooner for use in going to Petropavlovsl-.
and that be (Keefe) could liave it on the arrival of tlie schooner at Pctropavlovsk.
We were treated well enough as '"gards food and bedding through the intervention oi
.M. ^^,dvonosky and the first mate o'. ihe steamer until we reached Pctropavlovsk.
Alter we got to Pctropavlovsk we fared better tl.an the other crews owing to tlir
kindness of M. Malvonosky and M. IJndipiist, who is, I believe, a brother of the firs!
mate of the steamer.
On the day of seizure and, so far as I know, at all time during the voyage, tliin
was no swding done or attempted to be done by any of our men within 10 miles oi
Uussian territory, and as far as I could learn, we were seized for being where we were ii;
the time.
I have read the declaration of John Daley, dated the day of Septeinkr
A.D. 18il2, about the agreement, a copy of which is marked "C," tliat was signed by
ollieers and crews, and which i signed myself, and the said declaration as far as conccni>
the said agreement is accurate and correct.
And I make this solemn declaration conscientiously believing the same to be true, aiii
liv virtue of " An Act respecting E.\tra-Judieial Oatlis."
(Signed) JOHN J. CAMPBELI-.
Declared before mo at the ciiy of Victoria, in the Province of British Columbia, this
.')th day of September, A.D. 1802.
(Signed) Autuur G. Smith,
Notary Public, Britisii Columbia.
47
by the [lussian
hooncr, do solemiih
VI! lowered our hoat*
the l)()iits, I saw tb,
e wanted on hixnij
iinn vessel, steamin;
he steamer got clus'
hcavo-to and con
then lowered a lioat
Kolik." After tlm
ncct a canoe whicii
1 the boat hoarddi
le of Griminiski, ]
)nc of his men wcii'
tlie examination ili,
l)y the liatehwav, t
in English if ("Ikh
went on deck, aw
77."
[jn I asked him ifli,
e to be looked into
afterwards the l)o;i;
li to fasten tlie tow.
:re to be towed iiUr
r proceeded to meet
(vere picked up, we
:ers of tlie steamer,
leaving two saiioi-
d to pack up OIK
nal property cxccpi
nomcter, when tin
j; to Petropavlovsk,
opavlovsk.
the intervention of
opavlovsk.
rews owing to tlu'
rotlier of the Hist
the voyage, there
ithin 10 miles nt
where we wcro a:
lay of Septenilier,
at was signed by
as far as conecrii>
me to be true, ami
CAMPBELL.
ish Columbia, tlib
Jn the mutter of the seizure of the Jiritish schooner " Rosie Olsen " on the 28th July,,
m 1892, by the Russian steamer " Kotik. '
M I, William Twomey, of the city of Victoria, a hunter on board the sealing-sciiooner
'i^i^osie Olsen," do solemnly and sincerely declare :—
"1^. That I have read the statement of John Campbell, mate of the said vessel, made the
h day of September, a.d. 1K92, and the same is to my personal knowledge correct.
he only variation in my experience was respecting the sealing guns, two ot which
longing to me were fastened together by the (Jovcrnor's orders and given in cliarge of
t^ sm)n(l mate of the " Kotik "who had charge of the " Olsen," with tiie promise to nic
||»t i should receive them at Petropavlovsk, which promise was kept.
# And I moke this solenm declaration conscientiously believing the same to be true and
S virtue of " An Act respecting Extra-Judicial Oaths."
(Signed) WILLIAM TW^OMIiY.
' Declared before me at the city of Victoria, in the Province of liritish Columbia, this
9|lh day of September, A..]), 1892.
^if (Signed) A. R. MibNH,
Collector of Cusloms.
Inciosure 3 in No. 25.
Captain 'k'izurd to Colonial Office.
(Extract.) IIydro(jrnphic Department, Admiratiij, October 10, 1892.
(rt.) "When we found ourselves in north latitude 54" 26', longitude 1G7' .36^' east,
near Copper Island in a dead calm, we noticed in the direction of south 25 degrees from
the cruizer at the distance of miles an English canvas schooner ' Ariel.' " By this
account thu " Ariel" would be then in latitude 54" 21' norlh, longitude 1G7' 31' east, or
80 miles off Copper Island.
When in lititude 54° 10' north, longitude 107" 40' east, she would be 27 miles off
Copper Island.
(/>.) The "McGowan" when first seen would be by the Russian account in latitude
ftl° 2()' north, longitude 107" S.^^' east, and 16 miles ofT Copper Island.
B When in latitude 53° 50' north, longitude 167° 50' east, she would be 43 miles off
@oppcr Island.
i No. 26.
Admiralty to Foreign Office. — {Received October 18.)
Jr, Admiralty, October 17, 1892.
I WITH reference to my communication of the 10th instant, I am commanded by my
Jiords Commissioners of the Admiralty to transmit, for the information of the Secretary ot
■late for Foreign Affairs, the |)araphrase of a telegram, dated the 17th instant, from the
l^aptain of Her Majesty's ship " Lcander."
A similar communication has been addressed to the Colonial Office.
I am, &c.
(Signed) EVAN MACGRECOR.
#
Inciosure in No. 26.
Captain Castle to Admiralty.
Telegraphic.) ' ' '-' " Leander," at Yokohama, October 17, 1892, 2"15 p.m.
THK two remaining British schooners' crews arrived at Nagasol.i from Vladivostock.
PLirty-nine men shipped "Empress of Japan," Vancouver. Five men sent to Hong
long. Three joined American man-of-war " Palos."
'Ur. 1!
48
No. 27.
Tfifi Ear! of Rosehery to Sir R. ^forier.
Sir, Forricfn Office, October 18, 1802.
WITH reference to previous correspondence respecting the seizure of British seaiin;.
vessels in the Northern Pacific by the Russian authorities, I now transmit to your Excil
lency a copy of a letter from the Colonial Office,* inclosing protests and depositions fron
the masters, mates, and others on board of the British vessels " Ariel," " Willii
Mcriowan," and " Rosie Olsen," respecting their capture and subsequent treatment.
If the statements made in these papers are true — and they bear every mark oi
auihenticity — it is clear that tiie seizures were altogether illegal, as the vessels had ;it n-
time been fishing or seal-hunting within Russian territorial limits. The condemnation o^
the vessels seems also to have been arbitrary and irregular, and the crews while on slion
!it Petropavlovsk suffered considerable hardships.
You will communicate the evidence to the Russian (iovemment, who have ahcani
taken steps for investigating the facts. The observations contained in the letter from tlit
Colonial Office, in which I entirely concur, will enable you to discuss tlie matter witli tlit
Acting Minister for Foreign Affairs if you should think it desirable.
But you will state that Her Majesty's Government prefer to await the result of tin
inquiries which are being made before advancing any definite claim on behalf of the owner
and crews, and that they have too much confidence in Ihe equity and humimity of tlie
Russian Government not to suppose that the Government will ofTer iuunediate aiic
adequate reparation if the proceedings of the Russian officers should prove to be ccricclh
described in these papers.
I am, &c.
(Signed) ROSEBERY
No. 28.
Sir R. Morirr to the Earl of Rosebenj. — {Received October 19.)
My Lord, St. Petersburgh, October 16, 1892.
I RECEINED last night a note frou^ M. Chichkine, of which I have the honour to
tiansmit the inclosed copy herewith, on the subject of the Canadian sealers captured ir,
the Behring Sea, from which it would appear that nothing could have exceeded tlie
kindness and couitcsy shown to the officers and crews of the captured ships, who iiai
requited this exceptional treatment by acts of drunkenness and insubordination.
On the all-important point of tlie localities where the ships were captured, beyoiiii
'iiating geneially that it was proved that tliey had poached in Russian waters, notliiii;.
IS said, and I have accordingly addressed this day a note to M. Chichkine, of which I Imvr
the honour to inclose a copy, in which I ask for infmMuation on this point.
I have, &c.
(Signed) R. B. D. MORI EH.
Inclosure 1 in No. 28.
M. Chichkine to Sir R. Morier.
Miiiistere des AJf'airea lUnnujeres, Saint-Pe'fersbounj.
M. I'Ambassadeur, le 3 (1.5) Octobre, I8l)2.
L'AMIRAL KREMER, gerant temporairement le Ministi^re Imperial de la Maiiiu
vient de me faire parvenir un Rapport que le Commandant de notre escadre du Paciiiqut
lui a adresse par le telegraphe, et ou se trouvent exposees toutes les circonstunccs ayaii'
accompagn^ la capture de quelques biUiments de pfiche Canadiens qui se livraiciit an
braconnage dans les eaux de h Sib^rie Orientale. Jc m'empresse de communiquer h votii'
Excellence ces donnas, qui contredisent absolument les recits mensongers faits par ic>
equipages des schooners captures.
Ces embarcations dtaient au nombre de six: le " Willie McGowan," "rAricl,"li
"Vancouver Belle," la "Rosie Olsen," la "Mary,"et le " CarmoHte." II n'y eut
• N». 25.
49
?, Ocloher 18, 1802.
ure of British scalinj.
insmit to your Excel.
and depositions fron
jls •' Ariel," " Willi,
uent treatment.
bear every mark o;
i the vessels had at n(
The condemnation 01
crews while on slior
lit, who have alread;
in the letter from lb
> the matter Witli tlit
I'ait the result of tin
I behalf of the owner.
and huuiimity of tlit
offer immediate anii
prove to be ccricclh
n, &c.
ROSEBERY
ber 19.)
October 16, 1892.
have the honour li
sealers captured it
have exceeded tlit
jrcd ships, who liai
rdination.
!rc captured, heyoiio
sian waters, nothiiii
ine, of which 1 havi
oint.
B. D. MORIEK.
Saint-Pe'fershouiq.
i[)2.
p(5rial de la Maiiiit.
Bscadre du Pacifi(|ui
circonstanccs uyant
qui se iivraientau
lommuniquer h votie
ongers fails par h
owan," " I'AricI," I
te." II n'y eut di
iJBptur^s que les schooners convaincus, apr^s inspection de leurs livres de bord, d'avoir
p6ch6 dans nos eaux ter.itoriales. Encore trois d'entre eux en ont-ils et^ quittes pour un
ivcrtissement. Tous ces navires avaient cesa6 de tenir leurs journaux dc quart depuis
tin laps de temps variant de un h quatre jours. Dans les cales de plusieurs d'entre eux on
i^couvrit de peaux fralciies, dans d'aiitres des otaries qui n'avr'ent pas encore et^ ^corchdes.
JBur les cartes marines se trouvaient marques divers points de^ c6tes de nos ties et des eaux
fnvironnantes. Une circonstance digne de remarque c'est que les documents de tous ces
Ichooners, sans exception, portaient en note I'injonction, signde par des oflliciers de
iseurs Am^ricains et Anglais, de quitter les eaux situ^es du c6td Americain de la ligne
le demarcation ^tablie par la Convention de 1867, et de ne plus repasser cette ligne
us peine de prise. Leurs habitudes de braconnage etaient done connues des autorit^s
ritanniques.
t Pendant les perquisitions, les proc^des de nos officiers ont 6t6 des plus corrects.
tTransportds sur nos navires, les capitaines et leurs seconds ont ^t^ loges h pari et trait^s
% l'4gal de nos officiers, tandis que les equipages recevaient la portion de matelot, y
flompris I'eau-de-vie, le thd, et le cafd r^glementaire.
lis n'ont 6\ev6 aucune pretention durant leur 6<;jour h bord et n'ont eu, au contraire,
que des expressions de gratitude. Les capitaines de la " Mary " et du " Carmolite "
ll'oKt pas voulu quitter le croiseur de la flotte Imperiale, " Vitias," sans y avoir laisse
des remerciments ecrits pour la fa^on dont ils avaient etd traites a bord de ce b&timent, et
£U8 tard, le Capitaine de Frdgate de Livron, Commandant du " Zabiaka, re9ut une lettre
,ns le mfeme sens du capitaine du " Vancouver Belle."
(y Aprfes leur debarquement A, Petropavlovsk, la conduite des Equipages de " I'Ariel,"
tfu " McGowan," et de la " RosieOlsen," c'est-d-dire, des trois schooners mentionn^s dans
te^teiegramme de Lord Rosebciy a Mr. Howard en date du 4 (16) Seplenibre, arn^e courante,
a ^te scandaleuse. Ces hommes, k qui nos autorites avaient assigne, pour leur entretien,
ope allocation journali^re dgale a celle que re9oivent nos marins, se livraient k des actes
d*ivrognerie, accompagnes de voies de fait, d'insultes aux habitants, et m^me k des
tffficlers. On ne put en venir k bout qu'en requ^rant I'aide du Commandant du
** Zabiaka." II fit retablir I'ordre sans autre ncte de rigueur que de faire Eloigner par la
Ibrce le capitaine de la " Rosie Olsen," qui dtait venu Tinsulter dans sa cabine.
Ainsi, noa seulement les imputations injurieuses dirig^es contre nos officiers se
Irouvent fausses, ce qui ne pouvait, d'ailleurs, souffrir aucun doute, mais encore les
t^moignages les moins suspects attestent qu'ils ont \is6 envers des equipages pris en fraude
une courtoisie dont la valeur est assur^ment double par cette circonstance. Quant au
'droit indiscutable de nos autoritds de r^primer des d^sordres et des violences, elles n en
'0nt fait usage qu'avec une extreme moderation.
' Enfin, sans entrer dans des considerations de principes, je me permettrai de faire
.observer k votre Excellence que nos croiseurs ont le devoir d'autant plus strict d'exercer hi
protection qui leur est confiee, par tous les moyens efficacement employes contre les
Wpines sur mer, que les braconniers Canadiens, gends du c6te de TAmerique, se sent
fisiblement rabattus sur nos eaux. Leurs mefaits ont deja, porte de graves prejudices aux
pficheries Russes de la Mer de Behring, dont le rendement a considerablement diminu6
pendant I'annee courante.
En portant ce qui prdc^de a votre connaiss-^nce, je saisis, &c.
(Signe) CHICHKINE.
(Translation.)
[. I'Ambassadeur, Foreign Office, St. Pelersburgh, October 3 (15), 1892.
ADMIRAL KREMER, temporarily in charge of the Imperial Ministry of Marine,
IBS just communicated to me a telegraphic Report addressed to him by the officer in
.ommand of our Pacific Squadron, which contains a statement of all the circumstances
which attended the seizure of certain Canadian fishing-vessels engaged in poaching in the
Waters of Eastern Siberia. I hasten to place your Excellency in possession of these facts,
Jfchich entirely contradict the untruthful accounts given by the crews of the captured
Ichuoners.
i These vessels were six in number: the "Willie McGowan," the "Ariel," the
Vancouver Belle," the " Rosie Olsen," the " Marie," and the " Carmolite." The only
fchooners seized were those which, after an inspection of their logs, were convicted of
having fished in our territorial waters ; and three of these were let off with a warning.
i\\ these ships had ceased to make any entries in their log-books for a period varying from
Ine fo four days. In the holds of several of the ships fresh skins were discovered,
md on board others seals which had not yet been skinned. Various points on the
[604] H
TyfT
00
coasts of our islands and in the surrounding waters were marked on the charts,
It is a circumstance worthy of notice tliat on the papers of all these schooners.
without exception, was an order, si'j;ne(l bv tlic ofhccis of the American and British
cruizers, requirinj? them to leave tlie waters situiited on the American side of the line uf
demarcation fixed hy ti)c Convention o( 1807, and not to recro^s tliat line on pain of
seizure ; their hahit of poaching was therefore known to tiie British authorities.
Nothing could be more regular than tiie action of our oflicers while engaged upim
the search. The masters and their seconds in command, who were brought on hoard om
ships, were given separate quarters and treated on equal terms witli our officer^, wliilst
the crews received sailors' rations, including the regulation allowance of brandy, tea, and
coffee.
They made no complaint while they remained on board, but, on the contrarv,
expressed their gratitude. The masters of the " Mary " and the " Carmolite " would
not leave the cruizer without leaving a written expression of thanks for the way
in which they had been treated on board that vessel, and Captain de Livron, commandiiii;
the " Zabiaka," subsequently recoiveil a letter in the same sense from the master of the
" Vancouver Belle."
The conduct of the crews of the "Aiiel," "McGowan," and " Rosie Olsen," tht
three schooners nientioned in Lord Rosebery's telegram to Mr. Howard of the 4th (lOthi
September of this year, after they had landed at Petropavlovsk, was scandalous. These
men, to whom our authorities had allotted a daily subsistence allowance equal to that
received by our sailors, gave themselves up to intoxication, committed acts of violence, and
insulted the inhabitants, and even the officers. The only means of dealing with '' ..i was
to call in the assistance of the officer commanding the " Zabiaka ;" he restored order
without taking any severe measure except the forcible removal of the captain of the
•' Rosie Olsen," who had come into his cabin to insult him.
Not only, therefore, are the injurious imputations brought against our officers found to be
groundless, as to which there could, indeed, have been no doubt, but the most unimpeach-
able evidence bears witness to the fact that they treated crews which were taken in the act
of poaching with a courtesy w liich certainly has a double value owing to this cireu instance.
As regards their undeniable right to repress disorder and violence, our authorities only
exercised it with extreme moderation.
In conclusion, without entering into questions ef principle, 1 venture to draw your
Excellency's attention to the fact that our cruizers are bound to carry out the duty of
protection with which they are charged all the more strictly, and by all the means wiiich
are employed against depredations by sea, because the Canadian poachers, being interfeiwl
with on the American side, have clearly fallen back upon our waters. Their misdeed?
have already had a most prejudicial ellect on the Russian seal fisheries in Behring fcfea,
the yield of which has considerably decreased during the present year.
Tn bringing the above to vour knowledge, I avail, &c.
(Signed) CHICHKINE.
i Inclosure 2 in No. 28.
Sir E, Morier to M. Chichkine.
M. le Conseiller Prive', St. Petershuryh, October 4 (16), 1892.
I HAVE the horiour to acknowledge the receipt of your Excellency's note of tlit
3rd (ISth) October, containing the reply of the Acting Head of the Imperial Ministry oi
Marine to Mr. Howard's aide-memoire ot the 4tli (Kith) September respecting the captiut
of certain sealers in the Behring Sea by His Imperial Majesty's cruizers, and I shall no;
fail to transmit this important docun\ent at once to Her Alajesty's Principal Secretary of
State for Foreign Affairs.
I must observe, however, that the note states that in the report of the Commander oi
the Pacific Squadron all the circumstances connected with the capture of the said Canadian
sealers are explained. In Mr. Howard's itide-vie'moire, however, a point of primary
importance, that of the distance from the Russian coast, viz., 103, 33, and j mile-
respectively, at which these captures were said to have been effected, is specially insisted
on as requiring explanation. To this point no reference is apparently made in the
telegram received by Adtniral Kremer. I should be obliged, therefore, to your Excellency
/
61
ted on the charts,
11 these schooiurs,
lericaii and Bii(i.,|,
n sido of the lint' of
at line on pain oi
ithoiities.
wiiile engaged upon
ought on board our
our oflicerp, vvliilst
of brandy, tea, and
t, on the contrary,
• Carmolite " woiiid
lanks for the way
ivron, comtnandini;
m the master of tlic
' Rosie Olsen," the
d of the 4th (lOth
scandalous. Tiiest
ance equal to tlial
acts of violence, and
ding with '' ..i was
he restored order
the captain of the
r officers found to he
le most unimpcach-
ere taken in the ac
this circumstance,
ur authorities only
nture to draw your
irry out the duty oi
ill the means whidi
;rs, being interfLid
s. Their misdec(i<
[•ies in Behring ijea,
CHICHKINE,
w4 (16), 1892.
ency's note of tlu'
nperial Ministry m
lecting the captiut
rs, and I shall not
icipal Secretary of
the Commander oi
' the said Caniidiac
point of primary
33, and j niiie;
S specially insisted
intly made in the
to your Excellency ,
you will let me know exactly the degrees of latitude and bngitude in which the three
Vessels respectively were captured.
I avail, &c.
(Signed) R. B. D. MORIKR.
if
No. 29.
Admiralty to Foreign Office.— (Received October 20.)
"sir Admiralty, October 19, 1892.
' ' WITH reference to previous correspondence respecting the British schooners seized
by the Russians, I am commanded hv my Lords Commissioners of the Admiralty to
' transmit, for the perusal of the Secretary of State for Foreign AfTairs, copy of a telegram
j, from the Commanding Officer of Her Majesty's ship " Leander," dated this day, from
Yokohama.
I am, &c.
(Signed) EVAN MACGREGOR.
Inclosure in No. 29.
Captain Castle to Admirnllij
'' Leaii'lvy:' at Yokohama, October !9, 1892, ',J-.35_A.M.
(
leave iininediottlv for Vancouver.
(Tclei^'riipliic.) , ,,
KlvMAlNDKll s-cliooners' crew fioiii VladivostocU arrived in "Empress Japan;
No. 30.
Colonial Office to Foreign Office — {Received October 20.)
i^ir.
Downing Street, October 19, 1892.
WITH reference to the letter from this Department of the 13th instant, I am
' directed by the Marquis of Uipon to transmit to you, for the information of the Earl of
. , Rosebcry, copies of two further despatches from the Governor-General of Canada
respecting the seizure of British scalers by the Russians in the North Pacific.
I am, &c.
(Signed) JOHN BRAMSTON.
Inclosure 1 in No. 80.
Lord Stanley of Preston to the Marquis of Bipon.
My Lord, The Citadel, Quebec, September 28, 1892.
WITH reference to previous correspondence on the subject of the recent seizures
of Canadian sealing-vessels by Russian cruizers in the North Pacific, I have the honour to
forward copy of an approved Minute of the Privy Council, submitting a communication
from the British Columbia Sealers' Association, representing the hardship and distress
inflicted upon the owners and crews of the vessels in consequence of these seizures,
together with copy of the reply addressed to the Association by the Minister of Marine
and Fisheries.
T have &c
(Signed) ' STANLEY OF PRESTON.
u
[504]
H a
. WM'W
5S
Inclosure '2 in No. 30.
Report of a Committee of the Honourable the Privy Council, approved by his Excellcnvij
the Governor-General in Council on the 23rd September, 1892.
ON a Report, dated the loth September, 1892, from the Minister of Marine nnd
Fisheries, inviting attention to the communication (copy hereto annexed) from the Britisli
Columbia Sealers' Association of Victoria, Uritish Colombia, relative to the recent scizuici
of Canadian sealing-vessels by Russian cruizeis and matters connected therewith, and to
the reply addressed by the Minister of Maiine and Fislieries to the above communication,
a copy of the reply is also hereto annexed.
The Committee, on the recommendation of tiie Minister of Marine and Fishcrius,
advise that your Excellency be moved to forward a copy hereof to the Right HououraWt
the Principal Secretary of State for the Colonics, for the information of Her Majesty's
Government.
All of which is respectfully submitted.
(Signed) .JOHN J. McGEE,
Clerk of the Privy Council.
be
Annex (A).
100, Government Street, Victoria, B.C., September 8, 1892.
have the honour to respectfully bring under your consideration the following
Sir,
WE
facts : —
The British Columbia Sealers' Association represents sixty-three schooners, owned
by about 250 shareholders, representing an invested capital of about 750,000 dollars,
and an annual expenditure in wages, provisions, insurance, &c., of approximately
400,000 dollars, and employing fully 1,300 men afloat, principally British subjects,
muinly Whites, with about 25 per cent. British Columbia Indians, and a very few
Americans and Scandinavians. It may be fairly estimated that, including the families of
the above, fully 6,000 persons are directly dependent upon the business, to say nothing
of the very large number of tradesmen aflected by it. It is scarcely necessary to luld
that so large an industry is of vital importance to the city of Victoria and British
Columbia generally, and its interruption is now one of the principal factors in the present
depression of trade.
Previous to the prohibition of hunting in the eastern portion of Behring Sea, these
vessels and crews were employed on an average for eight months in the year. Many of
the vessels having sailed before the renewal of the modus vivendi, not, as has been falsely
stated, at an earlier date than usual, but at the same period as in previous years — indeed,
if anything, rather later than the average — the Association chartered the steamer
" Coquitlan " to take up notice to the various vessels of the renewal of the modus vivendi,
excluding them from Behring Sea, and also to convey provisions and stores to some of
the schooners. As you are already aware, the " Coquitlan " has been seized by the
American Government, and several of the Association's vessels have in consequence been
compelled to abandon their voyages, and to return to port and pay off their crews.
On the renevval of the 7nodus vivendi only two courses were open to the owners of *He
vessels: either to abandon their voyages, as some have done, or to find some other
employment for their crews. W'e may explain that it is a great object with us to keep
our experienced crews together by employing them as long as possible, instead of
discharging them, and thus forcing them to scatter in search of other employment, and
so compelling us to replace them with inexperienced men, which would greatly jeopardize
the result of our future ventures.
Under these circumstances, many of the owners, believing that, in the absence of
notice from their own Government to the contrary, all other parts of the high seas were
lawfully open to them, directed their vessels (forty-three in number) to sail to the west-
ward of the prohibited waters, and to pursue their voyages in that part of Behring Sea and
in the Sea of Okhotsk.
The result is known to you. Russian cruizers have already seized three vessels, and
it is only too probable that others may share the same fate.
Our position is thus one of extreme dithculty and perplexity, involving probable ruin
and bankruptcy to some of our members, and we therefore appeal to you for definite advice
and directions as to our future operations.
i"
/ i
[ by his Excelleimi
1892.
ister of Marine nnd
ed) from the Britisli
the recent seizuics
ed therewith, and to
lOve communication,
arine and Fishcrii!.
2 Right Houourablt
on of Her Majesty's
IcGEE,
the Privy Council.
September 8, 1892.
ration the following
;e schooners, owned
jut 750,000 dollars,
, of approximately
ly British subjects,
as, and a very few
Liding the families of
ness, to say nothing
r necessary to add
/^ictoria and British
actors in the present
Behring Sea, tliese
the year. Many of
as has been falsely
i^ious years — indeed,
tered the steamer
tlie modus vivendi,
id stores to some of
}een seized by the
n consequence been
their crews,
o the owners of 'He
o find some other
ect with us to keep
)ossibIe, instead of
r employment, and
d greatly jeopardize
in the absence of
the high seas were
to sail to the west-
of Behring Sea and
d three vessels, and
Iving probable ruin
for definite advice
M
It is our desire that the Imperial Government should assume the responsibility of
defning our rights, nnd cither aflfordinc; us armed protection in their exercise, or compen-
niliig us for their suspension, and we tlierefore respectfully beg of you to bring the wiiole
'^-'ii of our case vinder tiic consideration of tlie Secretary of State for the Colonies,
bther with such recoinniendations on the pari of the Dominion Government as you may
mieascd to consider (iesinihle.
w We may, at the same time, remind you of the appeal we have already made tlirough
thl British Columliia Hoard of Trade for assistance in rescuing any of our crews who may
at jlpiis time be Russian prisoners
We have, kc.
(Signed) JOHN G. COX, President,
RICHARD HALL, Secretary,
British Columbia Sealers* Association.
The Minister of Marine and Fisheries.
Annex (B),
Gentlemen, Ottawa, September IG, 1892.
I have the honour to acknowledge the receipt of your communication of the 8th
inttant with reference to the recent seizures of sealing-vessels by Russia, and to matters
connected therewith.
The facts touching the seizure of the " Coquitlan," and the seizures by the Russians
referred to, have been fully reported upon by me to his Excellency the Governor-General,
and for some time have been before Her Majesty's Government.
J am daily expecting information as to the steps Her Majesty's Government propose
to take under the circumstances, and as soon as 1 am able to communicate the result of
the earnest appeal of the Canadian Government I shall advise you.
Touching your rights in Behring Sea, the Canadian Government has not ceased to
claim that this sea is open to the world for purposes of navigation, hunting, and fishing.
Her Majesty's Government have supported this contention, and have protested
against the interference in the past on the part of the United States with our sealers in
thoae waters.
You are aware that this subject is now submitted to arbitration.
Pending this arbitration. Great Britain and the United States have agreed to prohibit
sealing in that part of Behring Sea east of the line of demarcation mentioned in the Treaty
of Cession between Russia and the United States of 1867.
; In the other portion of Behring Sea, and in all other parts of the North Pacific
Ocean, it is, of course, claimed that our vessels are free to pursue their voyages and seal
hasting.
' In view of the Treaty of 182.5 between Russia nnd Great Britain, and the action of
the< Russian Government ever since the date of that Tr. aty, touching the question of
^'uriediction cither in Behring Sea or off other parts of thn coast ot the North Pacific Ocean,
[ was surprised to learn of the reported action of the cruizcrs of that country near the
Copper Islands.
^ If the facts are as represented, it is clear that the Russian Government is endea-
Tooting to support the claim now put forward on the part of the United States to the
rigtiA of property in seals being vested in the nation upon whose territory the seals may
h^lpen to breed.
I am not aware, as I have already stated, what action Her Majesty's Government
projiosc to take in the case of the " Coquitlan," or in the case of the recent seizures near
the Russian coast.
Nevertheless, from what has happened, you will observe that until these serious
queations are finally settled between the Governments concerned, namely, Russia, the
Uttiled States, and Great Britain, the pursuit of the industry which so deeply concerns
yonr Association and its members is attt nded with grave risk and peril.
You express the desire that the Inipeiial Government should assume the responsi*
of defining your rights, and you seel; armed protection or compensation for the
ension of these rights, and you ask me to bring the w^hole facts of your case under
jnsideration of the Secretary of State for the Colonies, together with such recom-
itians on the part of the Dominion Government as it may be pleased to consider
ible.
feel at liberty to say to you, in reply, that from the beginning of the distressing
istances to which you have referred, the Canadian Government has not ceased to
Tf^W:
M
H
press upon thu uttentiun of Her Majesty's Govenimcnt the wrongs tliat luuu b.
pcrpetrutcd and the damage that lias been done, and I am sure that your pic^
request will receive the earnest consideration and prompt attention of the C'aiiad:.
Government,
I have not received the communication from the British Columbia Board of Tra
upon this subject to which you refer, but the rc(|ucst for assistance in the rescuiii;
crews who may at this time be Russian prisoners has been for some time in the hutidj
Her Majesty's Government.
I have, &c.
(Signed) CHARLES H. TUPPER,
John G. Cox, President, and Richard Ilall, Secretary,
British Columbia Sealers' Association, Victoria, B.C.
Inclosure 3 in No. 30.
Lord Stanley of Preston to the Murqiiis of Ripon,
My Lord, The Citadel, Quebec, Hepleiiiber 28, 18!i2
REFERRING to my despatch of even date herewith on tlie subject of the seizure^
Canadian sealers by Russian cruizcrs, I have the honour to inclose copy of an a|)|)iv
Minute of the Privy Council, submitting a further communication from tlio Hritisli Coin i
Sealcis' Associiition, together wilii copy of the reply returned thereto by tlio Minisk
Marine and Fislicries.
1 have, &c.
(Signed) STANLEY OV IMll'S'lON
Inclosure 4 in No. .'30.
Report of a Committee of the Honourable the Privy Council, approved by his E^vcellenf
the Governor-General in Council on the 23rd September, 1892.
ON a Report, dated the 17th September, 1892, from the .Minister of Marine
Fisheries, submitting with reference to a Minute of Council, dated the 23rd Septciiii
lfe92, bearing on a conununication received from the Sealers' Association ol 13ii;
Columbia on the subject of the recent seizures by Russian cruizers off the Asiatic co;i!
Canadian sealing-vessels, and the reply of the Minister of Marine and Fisheries to
communication mentioned, a further letter received from Mr. .John G. Cox, the Prfisit
of the said Association, urgently requesting that the Imperial Government should be a:
moved to take action for the relief of the Canadians who may be on the Russian sboi:
prisoners.
The Minister also submits the annexed copy of the reply addressed by him tu
communication in question.
The Committee, on the recommendation of the Minister of Marine and Fisla
advise that your Excellency be moved to forward a copy hereof, together with copies (i
Annexes hereto, to the Right Honourable the Principal Secretary of State for the Colo
for submission to Her Majesty's Government, and that Her Majesty's Governniciit
moved to take such early action thereon as to them may seem proper.
All of which is respectfully submitted, for your Excellency's approval.
(Signed) JOHN J. McGEE,
Clerk of the Privy Couiir
H-
Inclosure 5 in No. 30.
British Columbia Sealers* Association to Mr. Tapper.
Sir, Victoria, B.C., September \0, W,
ON the 1st instant we appealed to you through the British Columbia Board
Trade for assistance to rescue the crews of any of our vessels that might be seized
Russian vessels.
53
Tongs tliat liavc b,
luie tliat your picsi;
ntion of the Caiiudii
)lumbia Board of Tra
ancc in the rcscuiii;
me time in the hundi
Rr.ES II. TUPPEH
ton.
, iiepleiiiber 28, I8!i2
ubject of the seizuie>
)se copy of an aiipr,,
Mu the IJritish Coin
;i'eto by ihi; MinijU
KY Ol' IMll'ST(j\
oved by his ExccHm
ber, 1892.
Vlinister of Marine
cd the 23rd Septcini
Association of 13ii;
i off the Asiatic co;k
le and Fislieries t(i ;
n Gr. Cox, the Fresiii
irnment should be a;
on the Russian slioi:
ddressed by him to
Marine and Fisht
[Other with copies ui;
f State for the Cob;.
yesty's Governiiitiit
ler.
pprovai.
McGEE,
of the Privy Couim
pper,
, September 10, 16'J;
ish Columbia Boar^
lat might be seized
jThe fears which we then expressed have proved to be only too well founded. By the
Ing schooner "E. B. Marvin, ' which arriAcd licrc yesterday, we learn that the schooner
lincouver BcMe," of Vancouver, British Columbia, and four otiier British schooners,
amacs unknown, have been seized, and as the cruizors have been chasing other schooners,
itb all hut certain that some, perhaps many, of the fleet of forty schooners known to bo
in those waters will also fall victims to Russia.
When caj)tiire(i these vesiscls arc all taken to I'ctropavlovsk, a remote part entirely
removed Irouj ordinary routes of mercantile vessels, and so far north as to have a climatu
of Arctic severity.
It is most im|irol)ahlc tiiat so many men as are likely to be made prisoners will be
Hkldy to find any esc ape before winter sets in, and, robbed of nearly all their clothing,
as those who have already arrived have been, miserably fed and wretchedly lodged, it is
almost ceitain tliat unless proin])t relief is sent many must perish of cold and hun'>er.
j^ Under these circimistances, wo beg respectfully but urgently that you will again
rlifucst tic Imperial Government to immediately send a man-of-war to the relief of the worse
than sliipwreckcd crews, and, if not too late, put a stop to the further confiscation of our
property.
I have, &c.
(Signed) JOHN G COX,
Preiidrnt of the British Columbia Sealers' Association.
Inclosure 6 in No, 30.
3/r. Tupper to British Columbia i.'enlera' Asiociation.
Slfi Ottawa, September 17, 1692.
f HAVK the honour to acknowledge the receipt of a communication from you, dated
the lOth September.
I have received no appeal from you through the British Columbia Board of Trade,
though you refer to one forwarded on the Ist instant.
The facts referred to in your communication, however, relative to the crew of the
"E. B. Marvin," have already been brought to my attention, and are now in the possession
of Her Majesty's Government.
I have also requested the High Commissioner in London to press upon the Imperial
Svernment your desire that a gun-boat should be sent to the relief of the Canadians, who
y be on the Russian coast.
I have &c
(Signed) ' CHARLES H. TUPPER.
No .31.
Colonial Office to Foreign Office.— {Received October 21.)
Downing Street, October 20, 189^.
WllH reference to the letter from this Department of the 13th instant respecting
seizure of British sealers by the Russian authorities in the North Pacific, I am
lectcd by the Marquis of Ripon to transmit to you, to be laid before the Earl of
|8ebcry, a copy of a further despatch from the Governor-General of Canada, incIosin<' an
Idavit by the master of the sealing-schooner "W. P. Sayward," respecting the seizure
^tho Russians of three of the boats belonging to that vessel.
I am, Ike.
(Signed) JOHN BRAMSTON.
:. ; Inclosure 1 in No. 31 .
Lord Stanley of Preston to the Marquis of Ripon. ' .
w'i^rtj f . Government House, Ottawa, October 5, 1892.
H 11 H reference to previous correspondence relative to the seizures of British vessels
pr()|)erty by Russian authorities in the North Pacific Ocean, I have the honour to
mmt^^mm
56
transmit to your LonlRhip a copy of on approved Minute of the Privy Council, subtiiittii,
a sworn stntcment of Gcorj^c li. Percy, nm»ter of the British scliooncr " W. P. Siiyward
from which it appenrn that wliilc in the vicinity ot Copper Islitnd, iilioiit 20 miles to i
south-east thereof, three of his sealing-honts, encii being munned witli a litmtcr aiui i.
seamen, wore seized by a HuHsian stcam-luunch.
I have, &c.
(Signed) STANLEY OF PRICSTO.N
cnn
tht
Inclosuro '2 in No. 31.
Report of a Committer of the Honourable the Privy Council, approved by his Kxrellencij [
Governor-Oenernl in Council on the \st October, 1892.
ON a Report, dated the 27th September, 1892, from the Minister of Marine n
Fisheries, submitting, in reference to the sei/.urc of llritish vessels and propcitv
Russian authorities in the North Pacific Ocean, n sworn statcuicnt of George K, \\v
master of the British schooner "W. P. Saywaid," from wliich it appears that wiiili
the vicinity of Copper Island, about 20 miles to the south-east thereof, three ot 1
scaling-boats, each being manned with a hunter and two seamen, were seized by a Rusw
steam-launch.
The Committee, on the recommendation of the Minister of Marine and Fislierif
advise that your Excellency be moved to forward n copy of this affidavit to the Ri;
Honourable the Principal Secretary of State for tiie Colonies, for submission to II
Majesty's Government, in connention with previous pcpcrs of a similar cliaracter.
All of which is respectfully submitted.
(Signed) JOHN J. McGEIC,
Clerk of the Privy Covin il,
••V
■dvi
Md
Mn
fnclosure 8 in No. 31.
Deposition of Mr. George R. Ferey.
^
Port of Victoria, British Columbia :
GEORGE R. FEREY, of Victoria, British Columbia, master of the British sclioor,^
" W. P. Sayward,'' belonging to the port of Victoria, British Columbia, official No. 8344
personally appeared, and doth depose and say —
That he cleared the said schooner " W. 1'. Sayward " in tho regular way, and
accordance with the laws of the Dominion of Canada, on the 14tli day of January la-
and sailed from the said port on the 16th day of the same nioi.'h, for a voyage to t
North Pacific Ocean, and having on board ballast and stores and hunting outfit.
The said schooner " W. P. Sayward " sailed away under every pros|)ect of a succc«>
voyage, and proceeded to cruize on the waters of the North Pacific Ocean, puisui:.
her legitimate hunting, beyond any limitation to hunting or fishing on the open hi.
seas.
That on the voyage northwards the said schooner " W. P. Sayward " was boarded!
an oflScer and armed crew of the United Stales' ship " Adams," on the 7th June la-
whilst the said schooner " W. P. Sayward" was 50 miles from Cape Clear, the ucari
land, the master of the jad schooner being warned by the said officer of the United Stat.
ship " Adams " that thr: vessel must not enter Behring Sea eastward of the line ;
demarcation as set ibrtb in the Order in Council (" Behring Sea Act, 1891 ").
Thai the master of tlie schooner " W. P. Sayward," being desirous of obeying t
law, after cruizing a'ong the coast, sailed away to the westward, with the iiitunti
of entering Behring Sea westward of the line of demarcation (" Behring Sea Ac
!69r').
That the said schooner " W. P. Sayward" on the evening of the 12th Augiist la-:
and being then about 20 miles to the south-east of the most southerly point ot ('o|i|:
Island, Commandorski group, the boats of the said schooner, in number five, eat li be;
being manned with a hunter and two seamen, two of the boats returned about 3 o'clock i;
the afteinoon, and reported to the master of the said schooner that three of the boMts mi
seized by a Russian steam-launch which came from the westward, and the same ( venic:
about 5 P.M. the master of the said schooner " W. P. Sayward" sighted a Uussia-
Sir,
the 1
in ret
jrdur
you :
ve«e
SJri'
ioibri
chkf
tb« <
al«r
Brttii
Offio
I
y Council, subniitiii
cr " W. P. 8ayw;iH
l)()iit 20 miles to I
itii u luiiitcr ntid u
f OF I'RliSTON
' by /iM Excellencji i
9'i.
inistor of Marino ir
ids and propcrtv
t o( George K. I'd'
appears that wliili
tliereof, tlirce ol '•
e seized hy a Uu-»
Marine and Fisiid:
ifTidavit to tlie Ri.
r submission to II
fir cliaracter.
McGEK,
f the Privy Coiimil,
CffoliinK steamer, also approacliin^ from tlie westward, the said schooner " W. P. Snywnrd
TMMining in nl)out the same position, and burning a toreli for the nuidai\cc of tlio missinff
(ngit, a^' it was not ijuite certain whctlier they were all seized, and lollowinf,' moininjr
M^ed liacUwanl and forward in sotne hopes of n-covcring the lost boats, and nt noon on
fhlfinni' dav proceeded lor home.
^ That on the following day the schooner "Victoria" was spoken, crui/ing, and the
IMllter of the said schooner " VV. P. Hayward " informed the master of the said schooner
••IWctcirio " of the seizure of the three boats, nnd bavin;,' sighted a Russian cruizer, ar.d
MMied him that it would be well to return home.
r; Thai the said schooner " W. P. Saywnrd " had at this time 900 scal^skins on board,
«b4i proceeded directly homeward on her voyas^e.
That the following are the names of" the persons who were taken prisoners: Neal
M«frison, hunter; Andrew McGarva, hunter; Charles Copcland, hunter; Horry Brown,
Altxandcr McKenzie, John Rose, Krnest Welch, Morris O'Connor, Sam, n Japanese, all
ten.
That the following is the value of the property taken : —
a hoatR, at 100 dollars each
r> pim, at 4.'^ (loUarn each
1 liflf
Ammunition ■.
'I'otol
(Signed)
DoUnrR,
300
270
20
20
610
GEO. R. FERRY.
Sworn to before me, at Victoria, British Columbia, this l.^ith day of September, 1892.
(.Signed) A. R. Milnk,
Collector of Customs.
No. 32.
the British schoor,=
a, official No. 8344
regular way, and ;
day of January h<
for a voyage to l;
iting outfit,
ospect of a succc«« ,
fie Ocean, pnisuii,
g on the open hi.
ird " was boarded;
the 7th June la*
pe Clear, the neart-
of the United Stair
ward of the line ;
1&91 ").
rous of obeying t
with the intentii,:
Heh
rmy
sea
Ac.
he 12tli Auj;iist la-:
erly point ol ('o|i]:
mber five, eai li be
;d about 3 o'clotk i;
pee of the bouts wer
id the same i venit;
sighted a Uus.4
The Earl of Rosebery to Sir R. Morier.
Sir, Foreign Office, October 22, 1892.
I HAVF) received your Excellency's despatch of the 16th instant, inclosing copy of
tba reply of the Russian Government to the representations made by Mr, Howard
in iltgard to the seizure of Canadian sealing-vesscls by Russian cruizers, and I approve
jinit note to M. Cbichkine, copy of which is also inclosed in your despatch, and in which
yOii asked to be supplied with precise information as to the localities where the three
Tti^els specially referred to were seized.
I am, &c.
(Signed) ROSEBERY.
•PUP
'4
No. 33.
Admiralty to Foreign Office. — (Received October 24.)
Admiralty, October 19, 1892.
I AM commanded by the Lords Commissioners of the Admiralty to transmit, for the
niation of the Secretary of State, copy of a communication Irom the Commander-in-
" on the Pacific Station, dated the 2nth ultimo, forwarding copies of two Reports by
I^Captain of Her Majesty's ship '* -V'clpomenc" and its inclosures, respecting his
dings in the Behring Sea and tlie seizure of British schooners by Russian cruizers,
respecting the co-operation and good feeling existing between the American and
ih ships of war employed in the Behring Sea.
tl am to add that a similar communication has been addressed to the Colonial
(Signed)
I am, &c.
KVAN MACGREGOR.
[504]
w
??;*t
58
Tnclosure 1 in No. 33.
Kear-Adinirnl Hotliam to Admiralty.
" Warspitc," itt Enquimalt, Srptrmhcr 2(), \S'y}
SUBMITTl'^D for the information of tlieir Lordsliips, ohsorvinj^ that I haw ^i
pleasure in bringing to tiieir notice tiie maimer in wiiirh Connnandcr Kvaiis, of tiu' Un
States' sliij) "Yorlitown,' Senior American Naval Olficcr, and daptain I'arr, co-opciir
in carrying out their duties in connect' n with the modus vivrndi, and tiic cordial rel;iti
and good feelings which existed between the officers and men of both nations reHects j;r:
credit on all concerned. 1 also beg to call their Lordships' attention to paragraphs 5 an;
of Captain Parr's letter of the 17th instant.
Captain Parr has carried out the duties of Senior Officer in Behring Se!\ very in.
to my satisfaction.
(Signed) CHARLES F. HOTIlAil.
to
off
l8a<
Inclosnre 2 in No. 33.
Ciiptain Parr to Ihar' Admiral ITotliaiii.
" Melpomene," at Siinlmnir Harliniir, Sliin)i(i(/iii Is-laml,
Sir, September 17, 18!i2.
I HAVK the honour to report tiiat I left Ounalaska on the 27tli August, luu;
been detained one day by bad weather, and shaped course for the C'ommandcr Isla
with Mr. Macoun, the British Commissioner in the liphring Sea, on board.
2. Me wis^hcd to make some iiujuiries at Jii bring Island, as well i.s obtain ?
obseivalidiis ol seaW on tiie Siberian coast further north, and 1 wanted to ascertain v
the Russian authorities had done with respect to the scaling schooners, and also warn:
that I iniivbt come across against going to the Settlement at Attn for wockI and water, ;,-
was w'thiu the prohibited area.
3. After a southerly gale and strong head winds, we reached the luinlibouiluvi.;
Copper Island, on the afternoon of the 3ist August, where we passed the Russian enii,
" Zabiaka," but it was then thick, and a south-westerly gale was coming on, so I lin-
steaming as slow as possible to the southward.
4. 'Che 1st September was tliiel;, with strong wind and heavy sea, but on the 'iim
cleared a little, so 1 ran under the lee o.' Behring Island and steamed slowly ronnd
but when we got round the north-west point the ship knocked about considerably thi;,.
on the morning of the .3r(i the weather was clear enough to make the aneliorai;e, aiul;
sea had gone down siitliciently to enable a lauding to be ellecteil.
5. The (Jovcrnor ha.l lelt, and the only person in charge was one of the oHic:
of the Company, but from him I learned that six schoouei-s in all (rive lirilisli ;,
one United States) had been sei/e<l for sealing within the 9-mile limit, and also lour Iw
belonging to a schooner that had escaped. The vessels had been condenuied, li;:
skins oi'der'cd to be sold for the benerit of the Russian Covernment, and some oi i
crews iiad been sent over to San Francisco in a barque, while the other's were wailiii;
Petropavlovsk to be forwarded to the same place.
6. The " Zabiaka " and " Yabout " had been cruizing round the islands, thou.
they did not begin till late in the season, and the Company's steamer also mil-
seizures provided there is a Government official on board. The idea seems to he t:
next year the number of crui/.eiv, will be inci'cascd, and that much greater sietivity will
displayed.
7. I left the anrhoi'age on the morning of the ^th September-, ar.o steeieii ;
Karaginski Island, where we arrived next day, and where Mr. Macoun wanted to hIij
a specimen of a seal if possible, but a thick fog came oir at midday .so that nothing en
be (Iduc in the afternoon, and the next day had to be devoted to this object, thougli »
no satisfactory iTsnIt*. In the evening I carried out the night riring pi-actice.
S. We then steeied to pass within 10 miles of Cape Olintorski, birt the weather cr
on thick and a strong ca&terly wind sprung up which oir the 8th iiicieased to tiic tiua
a gale fr'om the northward, and on "the IHh the sea was so heavy that I lay-to for ■•'
hours, being then about '2M miles from St. Parrl Island.
I). About 10 I'.M. on the 10th Scptembei', having got into 12 fathoms of water,
anchored, it having beerr thick nearly all day, and, according to our reckoning, we on.
bal
September 2(i, I8!i2,
/\ng that I have ;'!•
r Kvaiis, of the Ui,;
)tain I'aiT, co-opciii'
(1 the cordial iclati
h nations reflects a
to paragraphs 5 aiic
ehring Sea very nii
.ES F. HOTIIAM,
•, Sliiit)i(it/in Isliiiiil-
1(2.
; 27th August, lia\
3 Commaiulcr \>\;.
board.
well i.s obtain s
ntcfl ta ascertain v
T*, aiul also wain;;
■ wood and water, ii>
the n('ii;'hl)omiioMii
(1 tlu; Russian criiii
minu: on, so I la\.:
ea, but on the L'lm
Mied slowly round
considerably tiiii.
if anc'borai^c, iind ;
one of tiie oliir
dl (five ijrilisli ;,
t, and also I'our lio
en condemned, ti;
ent, and sonic oi i
tilers were waitiii:
the islands, tiiou.
steamer also iiinl
[lea seems to be !:,
cater activity will
)ei', ai'.u steered r
)un wanted to olmr;
H) that notliini; en
s object, tbougli w
[tractice.
)ut the weatlici' ci::
eased to the Cora'
iiat 1 lay-to for ^i
['athotns of walcr, '
reckoning, we ou.
50
to iave been on the south side of St. Panl Island, but at daylight we found that we were
ol^thc north side instead. Wc then weighed and anchored off the village, where the
hiipng was safe.
~y^, lb. In the evening the swell began to set in more heavily, so that before dark I had
emything that was necessary settled witii the shore, and on the morning of the 12tli, as
thue was no landing possible, I left for Ounalaska.
i:' 11. Wc arriveii at 8-30 a.m. on the )3th September, ..r,d went alongside the pier in
th#inner harbour at once, and coininenced coaling, which was completed next al'tcnioon,
^0nn the moriiinK of the 15tb 1 left for this harbour, having the schooner " Oscar and
Hlltie " in tow.
,'.^ J 2. The barometer was falling rapidly, and there was every appearance of bad
WWrther, but the master of the schooner wanted \o gtl out, so we came through the
U<4llga Pass, and on getting clear of the land wo found thai a southerly gale was
bfcWring. At noon, although 1 had eased down to about 3] knots, the 3|-inch steel wire
hCmer that I was towing with parted, and the schooner made sail, having then plenty of
WWFoom, .
13. As this ship was rolling heavily I lay-to for four hours, and then continued our
OQtWsc, tliou!,di shipping a good deal of water, and arrived here at 6 p.m. on the evening
of the 16th.'
14. Wc arc now overhauling the machinery prcpaiafory to a full-power run and
Cge trial to Esquinialt, and by the time we are ready I hope that the bad weather will
tinislicd, though it has btcn very persistent of late.
I have, &e.
(Signrd) A. A. C, I'AUR.
Inclosure 3 in No. 33.
Captain Parr to Commander Evans, U.S.X,
Sir, "Melpomene," at Ounalaska, September 14, 1892.
I HAVE the honour to inform you that I have just returned from a cruize during
whteh a visit was paid to Bchring Island.
. ; 2. All the ofhcials in the service of the Company had left, with the exception of one,
ao^f-from him I learned that si.v schooners had been seized by the Russian cruizers, five
be^ British, and one belonging to the United States, viz., the " C. H. White." (These
ioHials do not seem to be correct.)
3. The sealing season being jjractically at an end, I propose to leave Behring Sea
tONtaoirow morning on my return to British Columbia. Should, however, any further
captures of Hritish schooners be made, I have to request that you will take from them
twp(r papers and such part (;f their scaling cciuipment as will make it impossible for them
to >takc any more seals, and onlcr the vessel to proceed at once to V^ictoria, British
0<^nibia, there to report to tlu; Collector of Customs.
4. The papers should be forwarded to the Senior British Naval Oflicer at Esquimalt,
Ithc outfit to the care of the Collector of t^ustoms at Vi'jtoria, British Columbia.
a. I als'i have the honour to inclose a track of the "Daphne's" cruizes within the
Iring Sea, and also that portion of Murs in the neighbourhood of the Pribyloff Islands,
lew a(li!iii"iial soundings which were obtained, and information as to a bank which
tars to exist oil' the south end of Karaginski Island.
G. 1 take this opportunity to thank you, on behalf of myself and the officers who
served undi-r my orders, for the extreme kindness and courtesy which we have
rieiiced from all the United States' oflieiaL;, whether naval officers or civilians, with
it has bicn our good fortune to have any dealings, and to express my pleasure at
^xtrcincly cordial itlations which have existed between us.
I have, &c.
(Signed) A. A. C. PARH.
[504]
I 2
*
60
Inclosure 4 in No. 33.
Commander Evans, U.S.N., to Captain Parr.
U.S.S. " Yorktown," 3rd Hate, Ouwilaska, Ala.'^kii
Sir, Sfptember 14, 1892.
I HAVE the honour to acknowledge tlie receipt of your coniuiunicatioii of this i.\y,
witli three inclosures.
Peiinit me to thank you for tc>e valuable information furnislied me relative to i
seizure of British and American sealing-schooners by the Russian fleet, the hydrograp:
information about the shoal in the neighbourhooil of Karaginski Island, and the tra:
charts of the "Melpomene" and "Daphne."
Should any lurther seizures of British sealing-schooners be made by any of t:
vessels under my command, I will take pleasure in complying with your request that t
papers be forwarded to the Senior liritisli Naval OtHcer at Esquimalt, the sealing out:
to the care of the Collector of Customs at Victoria, British Columbia, and the vest
themselves ordered to report to the latter official.
It has always been a source of gratification to me, as [ know it has been to all t
ofiiccrs of the American squadron, to do all in our power to cultivate the frieiidlip
relations with the British officers. All our endeavours in tliis direction have been .
cordially received that, in spite of all our efforts, we still remain debtors for vt.
invariable courtesy and kindness.
With reference to my own duties, your cordial co-' peratioii with ii.e in eiloib
prevent sealing has made my work much easier and pleaK inter.
\'ery respeetfullv,
(Signed) R."U. EVANS.
4 1
No. 34.
Sir R. Morier to the Earl of Rosehery.—^l^en rra October 26.)
My Lord, St. Hdirshuryh, October 21, 1892.
THE official Gazette of to-day contains an article of s )me length on the late scizur
of British sealers in the Behring Sea. It refutes the allegatioiis o\ t'le masters and vm
of those ships as to the ill-treatment these represent tin" dsjIv.'s as having .-suffered r.t i;
hands of the Russian ofiiccrs, but it admits that the captures were eHectcd at distanc
varying from 20 to 8 miles from the shore.
I have the honour to transmit herewith a full translation of this article i
Mr. Wardrop, my Private Secretary.
I have, &c.
(Signed)
R. B. D. MORIER.
Inclosure in No. 34.
Extract from the " Pravitelstvenny Vestnik" {Official Gazette) of Ocic v.
(Translation.)
\m
ON the 19th September (n'.s.) the "Times" publisihcd an article from a ;or
■Ml.
dent in Ottawa, in which, on the authority of the skippeis and seamen of the scIiooiut'
captured by our gun-boats near the Commander Islands, ani -.fterwards sent back, nit:
our assistance, to British C'^lumbia, attention was drawn to a flagrant violation of iiiti:
national law supposed to have been committed by us, and various revolting details .wr;
given concerning the action of our officers and crews, with an account of the persecution!
to which these unjustly captured men had been subjected.
Not satisfied with printing this article, the "Times," on the followinu; day, suppii^
mcnted it by a leading article, in w'Jch these ci..:"','e.s were not only funflriiKv., Jut sf
forth in langua'^e still less decent than that in which the hatred of th' ( u-f pirates wli
had been disappointed in their hope of gain found ve'ii. 'Jnlortiinat ' . : rertain see;ii
of the European press repeated the accusations m;. i' the "Timv'si." '-'Ui first t
defend the honour of Russian sailors were English na..il oftieeis, whose pu.ii ., the " Aiiiii
and Navy Gazette " (of the Ist October), while shurinjj the general dissatisfaciiou o^
Ounnlaska, Alanko
892.
unicatioii of this ik,
'd me relative to i
leet, the hydrograpl
Island, and the tra:
made by any ofi;
your request tlmt t
iialt, the sealing oui:
iibia, and the ve.w
t has been to all i
iltivate the fViendlip
rection iiave been .
tin debtors for vo.
lith ii.e in cil'oitj
■clfidlv,
K.L). KVANS,
her 26.)
October 2], 1892.
1 on the late sci/ur
le masters and cin
uving suffered i,t t:
eH'ectcd at (listaiic,
of this arficli' i
\i. D. MOKIER.
ii -v. i> ':i), im
e from u lOr jiui,.
en of the SL-liouiur.
I'ds sent back, nil;
t violation of inter
volt;ii<r details ,\vri
of the persecution!
owimv day, suppk'-
contiriiK'/., Jut sc
(. .'ir-^f pirates wh
< , ;' rertain strli":
v-H ' 'iij rirst I: ■
|>i»;)i ., the "Ann
I dissutisfactlou o'
m
iBnwlishmen at the seizure of English ships, nevertheless thought it right to protest in the
strongest terms against " the unjust and insulting attack " of the " Times," declaring that
it was shameful that the lending English piper should presume in such an unworthjr
jnanncr to malign officers with whom the officers of the British fleet maintain "courteous"
ielations, and in whom tbcv have ;dways met brave and noble foes in time of war.
The "Army and Navy Gazette" expressed its conviction that the "Times "would
jecognize the necessity of ai)ologi'/,ing for its unjust and impolitic accus itions, which,
doubtless, it was not in a position to substantiate. In conclusion, the "(Jazette" draws
•ttention to the fact that the men upon whose evidence the aforesaid abominable
calumnies are based belong to the lowest classcj of society. Such a declaration, equally
honourable to the officers of tlie British and Russian Heets, furnishes an ex imple of true
gentlemanlincss which will not be forp;ottcn by anybody in Russia.
The substance of the complaints expressed in the "Times" amounts to tiiis : that
the schooners were captured outside of our territorial waters, £ind that after they had been
taken to Petropavlovsk the crews were left on the coast without shelter, food, and cloti.ing;
that the skip|)ers, under threats of exile to the Siberian mines, were forced to sign a
declaration tlmt they had fished in Russian waters, that their clothing, money, and
valuables were stolen by Russian officers, who dragged down the British flag from
the schooners and tranii)lcd it under foot. For Russian readers, a denial of these
RssertioMs is unnecessary; tb'.ir (iagnint absurdity is jjatent. But, for the sake of the
foreign press, it is indispensable thai the first authentic information received by telegraph
ahould be communicated.
It is manifest that on the fundamental question of the violation of international
law the reports of the English skippers are wholly untrustworthy, for their log-books were
oarelessly kept, and not up to date, while their chronometers had not been corrected
for some tinic According to the English accounts of the affair, the three schooners
•« Willie McGowai.," "Ariel," and " Rosie Olsen," were captured 41, 30, and 32 miles
respectively from the nearest Russian coast; as a matter of fact the distances were
21, 22, and 13 miles. Three other schooners, "Vancouver Belle," "Maria," and
" Carmolite," were, in the same way, captured 18, 8, and 8 miles from the coast. It is
not surprising that almost all the arrests took place outside of our territorial watr: ;, for
as soon as the gun-boat was sighted they put about and hoisted sail, so that in some cases
they had to be chased for more than an hour and a-half at the rate of 13 knots. Those
schooners only were confiscated whose log-books showed that they had fished in our
waters, and confirmation of the fact was found in their charts, on which points were
niaikcd on the coasts and round the islands. On some vessels were found skins still
unsalted, and not even removed from the ani;iial. Three schooners were released with
a warning. On the papers of all those which vere captured may be sf ,;n indorseirients
by American and ICnglisb officers, ordering the ships to leave American waters, to cross
the line of demarcation, and not return under pain of seizure. The protocols were
signed by the skippers, in two cases with reserves, which arc, however, acknowledged to
be unworthy of consideration. No declaration was made which might have been taken
to show that rcprcben'^iblo treatment had been resorted to. The conduct of our officers
tluring the scirch was in every case irreproachable. The accusation co. ocrning the
insult to tl.e flag is eciually false ; the British flag was not replaced by the Russian until
;the ships haJ been declared to be confiscated. On board the gun-boats the skippers and
-mates had separate quarters, and an officers' mess ; tlie crew.T had seamen's rations — tea
land coffee. The crews of the schooners behaved very well on board the gun-boats,
^expressed thanks for the care that had been taken of them, anr' made no complaints.
ITIk- skippers of the schooners "Maria' and "Carmolite" testified to this in writing.
The skipper of the " Vancouver Belle " sent a letter of thanks to the (Commander of the
Zabiaka," Captain de Livron.
On reaching th. poast the c.c.vs received froni the local authorities board. money,
It the rate of 15 kopecks a-day. In I'etiopavlovsk the conduct of the crews of the
P' Ariel," "Willie McGow-^n," and " Rosie Olscn " wiis disgraceful; they got drunk,
committed assudtn, in^ulted the mhabilaiit;;, a:ul cvi n tin- o'^ictrs. The local police ibrce
j^behig to J weak to cop'! with them, armed assistance from the gun-boat "Zabiaka" was
■:&\
necessary to ((uell the disorder. The skipper of the " Rosie Olsen," in consequence of
#hi8 impudence to the Commander of the gun-boat " Zabiaka," was forcibly removed from
ithe cabin. There were no other misunderstandings. The small yield of the seal fishery
on Coi)per Island this year confirms the information already received, viz., that the roolteries
$have been half ruined by pirates, chiefly English.
m
mF^m^F
fi2
No. 35.
Sir R. Morler In the Earl of Rosvberij. — {lirrrlrnl Oclnbrr 28.)
My Lord, «/. Prlvrsbnnjb, Oclobrr 2.'), 18i»2.
WITH relbroiict! to my dcspiitcli (if tin; Uitli instant, iiiclosiiiu; a copy of'ii note wliicli
I had addressed on tliiit day to l^F. Cliicliluno in(]niiiim- at wliat distances fioni the shore
the cai)turc of tlic Oanailinn scalers was cll'cctcd by tho liussiaii crui/.crs, 1 have now the
honour to transmit hercwitii to your Lonlshi]) a copy of tiir reply from the Kiissian Oovcni-
nieiit, the inclosure in the note heinu i» Krcnch translation of the Vommm'uiuc in the
" OfRciul Messenger,"* a translation ol wiiieli I had llio honour to tr-uismit to your Lord-
ship in my despatch of the 2'ind instant.
1 have, ^^c.
(Sii-ncd) K. 1$. 1), .MORIEH.
Fnclosure in No, •'!;"».
M. C'liichldiir to Sir U. Moricr.
Miiiislerr (l<:s- Jfl'iiircs Ulraiu/eres,
M. I'Ambnssndcur, "ic 12 (24) Cictobre, 18!i2.
l.E " Messnger Ofllciel " u public il la date du !) (21) Octobro un article (|ui relate
dc la I'nqon la plus circonstaneiee tons les iaits so rappoitaiit a la (;a])furc par nos croisciirs
de quelques schooners Canndiens qui se livraicnt au hiaconnaiicdans nos caux lerritorialcs.
Cet article specitie, entre autres, k (pielle distance de nos cotes la capture a eu lieu. Votre
i^xcUence ayant bien voulu ni'exprinier, par son oiKcc du I (I'i) couraut, le rl6sir de
i c cette indication, jc ni'emprcsse de lui comniunicjucr, en traduction Fran^aise,
eui, -P uu "Journal de Saint-Petersbouri!," les donnees en (piestion, qui compleleiit
sous «., /appcrt ma note du 3 Octobre annexe coura'-te.
Veuillcz, &c.
(Signe) CniCHKINE.
(Translation.)
M. I'Ambassadcur, Miiiislrii fur Forriijii Affairs, Orlobcr 12 (24), 1S<J_'.
'J'lll'i " Mcssagcr Ollicicl " published on the 0th (21st) Oet()t)er an article staling in
the most circumstantial manner all the (iicts relating to tlie seizure by our cruizers of
some Canadian schooners who were poaching in our teiritorial waters. Amongst otiier
things tiic article specifies the distances from our shores at which the seizure took plaei;.
As your K.'kccllcncy ex|)ressed a wish in your letter of the 4th (ICitli) instant to possess
this information, I hasten to communicate to you, in French translalion, taken from thi'
"Journal de Saint- Petersbourg," the particulars in (piestion, wliieh complete in this
respcot my note of the 3rd October of the present year.
I have, &c.
(Signed) ('lUCIlKIN'K.
No, 36.
Colonial Office to Foreiyn Office. — (Received November 2.)
Sir, Downinrj Slreel, Xnreinber 1. I8fl2.
WITH reference to previous correspondence respecting the seizure ot liiit'sh sc>il"is
by the Russians near Copper Island, I am directed by the Marquis of Ri|)oii to transmit
to you, to be laid before the Earl of RoscbiMV, a copy of a despatch and its iiiclosures fioii
the Governor-General of Canada respecting the alleged seizure of three boats belonging to
the " W. P. Sayward " and one belonging to the " I'I. B. Marvin."
It will be observed that the affidavit of the master of the " E. B, Marvin " is
accompanied by a claim for the loss of the boat belonging to his vessel.
I am, &c.
(Signed) JOHN BRAMSTON
Not printed.
28.)
ctohi-r 2.'), 18l)L>.
py of II note which
CCS fiorii tlie shore
rs, I liavc now flu.
c Russian (Jovcrii-
'ommuniifuc in liie
init to your Lord.
I), -MORIl'H.
atii/eres,
dctohre, ]8!t2.
» nrticic (|ui rehitc
\m\' nos ci'oisciiis
caux lerritorinlos.
a cu lieu. Votre
iraiit, le (\6s\v de
uction Frangaise,
1, qui completuiit
kc.
cillCIlKINE.
,12(21,), ISUJ.
article .statinu; in
our crui'/.evs of
Amongst other
/.lire took placr.
taut to jiossi'ss
taken tVoin the
oinpk'te in tiiis
llICilKINi:.
Inciosurc 1 in No. 36.
♦
Lord Stanley of Preston to the ^f(lrqlli.s of liipou.
ly Lord, (invommenl Uoiisr, Ottavii, Oclnlier ]'2, ]S\YJ.
Wrrri reference to previous correspoiulciice on the subject of tlie seizure of Mritisli
'*icalini;-vessf'ls and pro|)erty l)y Russian authorities in tlie North i'milic Ocean, I have the
ilionour to transmit to your lordship a copy of an approved Report of a (Committee of the
'privy Council, suhmittint; further documents touchini:!; that (piestion.
Si ' I have, &c.
I (Sijjnod) STANLKY OF I'RESTON.
Sep
sei/
I Inciosurc 2 in No. 30.
Report of a Cominillee of the Honouniblc the Privy Council, approved by Ms Excellency the
" Govertwr-Gcnrrdl ill. Coimril on the \st October, 1892.
W a Report, dated the lOtli September, 18i)2, from the Minister of Marine and
lies, submititnu;, with reference to certain previous Minutes of Council, dated the 12tli
UMuber, 1802, lUtb Septcinl)er, 1892, l^th September, 1H'.)2, on the subject of tlic
uie of IJritish scalins-vessels and property by Russian authorities in the North Pacific
Ocean, the Ibliowinu; documents since received touching that (picstion : -
1, Letter from A. R. Milne, Collector of Customs, Victoria, lOth Se[.tcinoer, 18<)2.
2. Sworn statement of Clarence N. Cox, master of the lb itisli schooner " E. IL
Marvin," detaiiiiij^ tlie loss of one of his scaling-boats on the "itli August, ISD^, containing
tViliiam Shields, hunter; Walter Teiinison, boat-stcercr ; and James (iallager, boat-
puller. The boat and its occupants lie believes were forcibly taken by the Russian
GovcriHiient.
'.\. F,xtraet from the "Daily News," lOlh September, 1892, announcing further
Beizures by Russian autlioiilies.
4. Extract from "Daily Colonist" newspaper, the lOtb September, 1892,
announcing capture of three boats of tlie " W. P. Sayward," and referring to probable ftirthcr
aeizures.
Tile Minister observes that Collector Milne's letter, though covering a sworn state-
fincnt on the ease of " E. B. Marvin," only states that the master of the " Annie C. Moore "
vreported the loss of two boats which were taken by the Russians while out sealing, and
'■that the master of the " W. P. Saywurd " reports having lost three boats and crews, also
.Vtaken by the Russians. He further states that be will endeavour to procure a statement
"from the master of each schooner upon arrival.
1 Tiie Committee, on tlie recommendation of the Minister of Marine and Fisheries,
;ladvise that your ICxeelleucy be moved to forward a copy of this Minute and its Appendices,
Slif ap|)roved, to the Right Honourable the Principal Secretary of State for the Colonics, for
W^hc information of Her Majesty's (iovernment.
■M All of which is rcspcctfullv submitted.
C^igned) .JOHN J. McGEE,
Clerk, Privy Council.
inhrr 1, 1892,
t Ihit'sh sccil'.'is
)oii to transmit
iiiclosures froiii
ats belonging to
B. Marvin" is
JRAMSTON
Inciosurc 3 in No. 36.
Mr. Milne to Mr. Tapper.
Bir, ^ Ciistnms, Ciniadd, Vivtoria, B.C., September 10, 1892.
I HAVE the hoiiour to transmit herewith u statement, sworn to l)eforc mc, of
Clarence N. Cox, master of the British schooner " E. IL Marvin," belonging to this
bort.
The master of the schooner " Annie C. Moore " reported on entering that he had lost
two boats and crews, which he states were taken while out sealing by the Russians.
The master of the British schooner " W. P. Sayward," which arrived last evening,
eporls having lost three boats and crews, which were also taken by the Russians in the
eighbourliood of Copper Island.
Tijc master of the British schooner " E. B. Marvin," which arrived last night and
f^rr*
"
6i
reported to me this morning as having lost one boat and boat's crew, also m the neigh.
bourbood of Copper Island, by the Russian cruizers, or servants of tlie Russian Fur
Company.
I beg to inclose the statement of the master of the gcliooncr " E. B. Marvin," and
will ; udcavour to send you a statement from the master or mate of eatli sciiooner as they
arrive, aithou'^h it is somewhat diflicult to get liold of thcin for a day or two after a l()n<>
cruize.
I have, &c.
(Signed) A. R. MILNK, Collector.
■M
Inclosure 4 in No. 36.
Affidaml of Clarenre N. Co.r.
Port of Victoria, British Columbia :
ON the 10th day of September, in the year of our Lord 1892, personally appeared
and presented himself at the office of Alexander Roland Milne, Collector of Customs, at
the port of Victoria, British Columbia, Clarence N. Cox, master of the British schooner
*' E. B. Marvin," official number 91810, belonging to the port of Victoria, British Columbia,
and being a vessel of 117 tons, registered tonnage.
By the affidavit hereinafter contained :
Be it known and made manifest that Clarence N. Cox, master of the said schooner
"E. B. Marvin," doth duly and solemnly swear and state as follows, that is to say, that
the said British schooner "E. B. Marvin " was regularly cleared in due form at the port of
Victoria, British Columbia, in accordance with the laws of the Domin'on of Canada, on the
19th day of January last, and sailed away on the following day for a voyage to the North
Pacific Ocean, and to the westward of the line of demarcation, as set forth in the Order
in Council, " Behring Sea Act, 1891."
That on the voyage northwards the vessel proceeded to cruize on the waters of the
North Pacific Ocean, pursuing her legitimate hunting on the open ocean, far beyond any
limitation to hunting or fishing on the open high seas.
That whilst so engaged, on the 7th day of .fune last, was boarded by the United
States' steam-ship " Mohican," and served with a warning, and a Chart was exhibited
defining the limits of the prohibited waters, in accordance with "The Behring Sea Act,
1891."
That the master of the said sciiooner " E. B. Marvin," being desirous of obeying tlie
law, and on the information conveyed to him, sailed away to the westward to pursue liis
legitimate voyage.
That the said schooner " E. B. Marvin," on the raovning of the 5th day of August,
while o- the high seas, and to the westward of the line of demarcation, as laid down in
" The Behring Sea Act, 1891," while the vessel was under easy sail, and while enveloped
in a thick fog, the boats being out sealing, the master of the said schooner " E. B. Marvin,"
by observation, found that the vessel was drifting to the westward, by a strong current
setting in that direction, and the master of the said schooner " E. B. Marvin " found
that he had drifted fully 20 miles in twenty-four I'ours.
That on the morning of the .'jtli August las,, tliere being a dense fog, the boats went
out as usual lor the day's hunt, witliout any thought or fear of interruption, and the
customary return was looked for as usual.
That on that day all the other bouts returned, numbering four, eacii boat huving a
hunter and two boatmen ; the fifth boat did not return, and on board of which was the
following named persons: William Shields, iiunter; Walter Tennison, boat-steerer; and
James Gall.iger, boat-puller.
That several days were lost in waiting and watching anxiously for the return of the
missing boats, fearing that some accident had befallen them, and it was expected they
might have fallen in with some other vessel, who might have picked them up in the dense
fog, and it was not until the master of the said schooner "E. B. Marvin " spoke the
British schooner " Victorian " on the 19th August last, when she informed the said
Clarence N. Cox, master of the said schooner " E. B. Marvin," that three boats of the
British schooner " W. P. Sayward," of Victoria, British Columbia, had been taken by a
Russian steamer.
That, being short of provisions and fuel, the master of the said schooner
/
also in the neif;h<
the Russian Fur
, B. Marvin," and
sciiooner as they
r two after a loii"
r
.NR, Collector.
rsonally appeared
)r of Customs, at
Britisli schooner
British Columbia,
he said schooner
lat is to say, tliat
rm at the port of
}f Canada, on tiie
age to the North
rth in the Order
he waters of tlie
I, far beyond any
d by the United
rt was exhibited
liehring Sea Act,
of obeying the
ird to pursue liis
day of August,
as laid down in
wiiile enveloped
■' K. B. Marvin,"
strong current
Marvin " found
the boats went
uption, and llie
1 boat huvins; a
which was the
)at-stecier ; and
le return of the
expected they
up in the dense
in " spoke tiic
)rmed the said
!e boats of the
;en taken by a
said schooner
60
B. Marvin " proceeded homeward, arriving at Victoria, British Columbia, on the
Iday of September, 1892.
That the master of the said schooner " E. B. Marvin " thoroughly believes that the
isin" boat from his schooner was forcibly taken by some representative of the Russian
wernmcnt or emissaries of the Russian Fur Company in the neighbourhood of Copper
|nd, Commiindorsky group, and truly believes that the missing boat's crew is held by
|m as prisoners, and the boat and other property belonging to the said schooner
B. Marvin " has been confiscated. ^^
i, That the property of the missing boat belonging to the said schooner " E. B. Marvin,
a^ other property onboard the same, jost at Victoria as follows : —
One boat, value . .
Two guns, 80 dollars each
Ammunition . .
One rifle . . • •
Boat's gear . .
Total
Dollars.
100
160
15
25
20
320
4;;^ That Clarence N. Cox, master of the said schooner " E. B. Marvin," doth solemnly
1^ sincerely swear that the foregoing statement is correct, and contained a true account
of the facts and circumstances attending the loss or seizure of the missing boat belonging
to'the before-mentioned vessel. '
(Signed) CLARENCE N. COX.
■ Sworn to before me at Victoria, British Columbia, this 10th day of September, 1892.
(Signed) A. R. MiLNE,
Collector of Customs.
'l Inclosure 5 in No. 36.
W Extract from the " Daily News " of September 10, 1892.
" FOUR more sealing-vessels, including three Canadians and one United States' craft,
ie been seized by the Russians in the vicinity of Copper Island, ands everal missing
Its are supposed to liave met with the same misfortune. This news was brought by
sealers " E. B. Marvin " and " VV. P. Sayward," which arrived in port yesterday, and
Bwed tiie excitement created in Victoria by the first intelligence of the Russian outrages,
names of tiie vessels latest seized have not yet been ascertained, except that the
Tancouver Belle " from Vancouver is known to be one of them ; the other Canadians
(Supposed to be the "Maud S.," "Geneva," or "Dora Sieward" — two of these three
Ihough this is not positively known. The owners of the "Marvin" and "Sayward"
re amongst the happliest men in Victoria yesterday when they learned that their smart
|e craft were at the entrance to the harbour.
The " Sayward" was sighted by the tug " Lome," becalmed off Cape Flattery, on
iirsday evening. Andrew Lang, her owner, caught sight of her from the outer wharf
but noon yesterday, and the " Lome " was soon dispatched to tow her in. She arrived
|ut 5 o'clock.
The first intimation from the " E. B. Marvin " came in a very welcome telegram sent
ICaptain Clarence Cox from Otter Point yesterday morning. The tug " Falcon " was
aged to low her in, and at 3 o'clock left the outer wharf, carrying Captain J. G. Cox,
[itain William Cox, G. C. Gerow, and Frank Adam, all interested in the vessei, together
" news " reporter. The tug met the " Marvin " beyond the Race Rocks Lighthouse,
she arrived in the harbour about 8 o'clock.
:^ Captain Clarence Cox brought very interesting information of the abstnt vessels,
■^niost important of which he had gleaned from Captain Minor, of the Sai Francisco
Boner "Kate and Anne." Captain Minor reported that the Captain of the cruizer
asbonic " had boarded the " Kate and Anne," and taken possession of all the skins on
rd, as well as provisions, and other articles that fell under hi& observation. After
pfully examining the schooner, the Russian told Captain Minor that she was so old
weather-beaten that she was not worth the trouble of towing to Petropavlovsk, and
[ best thing the Captain could do was to get out of that vicinity as fast as possible.
^tain Minor hastened to take the advice. The Russian told him that they had seized
kitish schooners and two Americans. The names of the six he could not remember.
[601] K
I If'J. '.(
66
except the " Vancouver Belle," of V'ancouver, the " Ariel," of Victoria, and tli>
" C. TT. Wiiiti'," of San Francisco. As she Iny alongside of the '• Rashonic," the " Km.
and Anne" was spoken hy men from the boats' crews lost from various senlin^-scliooiui-
Th(!y asked for biscuits and other provisions, as they were half-starved by the Russimi*
The appearance of tliese men conrirmed the itnpression hitherto formed, that the lo,.
crews had made the land on Copper Island, and were there made prisoners. Tiiev wir
supposed to be now at Putropavlovsk.
Cqptain Clarence Cox was not aware that the Russians were seizing schooners uni
the 17th August, when the captain of the " Henry Dennis " made the above report. 1;
conversation last evening, he said : I did not see a Russian man-of-war during my cruiz
in the so-called Russian waters. After losing my boat with Willie Shields and his vnw.
1 sailed around trying to pick them up, thmking they had made one of the sclioonci.
sealing in the neigbourhood. I noticed, one day, a small cutter come out a short dislunc
from shore and Uvi\ back. 1 did not like the way she bohaved, and made sail to get awav
^Ic
from the shore, being tiicn 3.") miles to the westward of Copper Island. 1 spolce sever;
schooners, and inquired if they had jjickod up my crew.
I had (luite a chase after the " W. P. Hall," who mistook me for a cruizer. She di;
not see or hear of any of the seizures, and Captain Brown was willing to give all steamer-
a wide berth. The " Hall " was spoken the (ith August.
On the 3rd August the schooners " Maude S.," "Geneva," and '• Dora Sieward
were sealing close to where I was. They had no intention to leave, but after a fog, whic,
lasted but one night, the schooners had disappeared. There were plenty of seal about,
and as the vessels must have been doing well, it looked as If they must have been take;
prisoners. Something unusual happened to make them get away as they did. Perhaps;
Russian man-of-war was only sighted in their neighbourhood.
The schooner " Maria'' was spoken on the 1 1th August. She knew nothing of tli;
seizures, and had had fairl}' good luck. The schooner " Victoria " was spoken on tli;
19th August, and was making for Atu. She fell in with the " Agnes McDonald," wli':
reported having been cliased by one of the men-of-war. A good breeze was blowing at tl::
time, and tlic clijjper schooner won the day. Captain Cutler stated that three scalin..
schooners were passed while racing from the cutter. He felt {[uite safe when these tlire
were between him and the Russians, but how they tared is not yet known. One c
them he made out to he the "Sea Lion." Captain Cutler did not lose any time just iIku,
being anxious to have lots of room between the cutter and his craft.
The schooner "Victoria" left for home the same day as the " E. B. Marvin," bir
being short of water she called in at Atu for a supply, and perhaps ran in danger l)y >
doing. The "Penelope " was also on her way home.
Captain Miner, of the "Henry Dennis," sailed for Sand Point on the I9th Angu>;,
having landed his coast catch there before going across. He told Captain Cox to wirt
his owners at Seattle tiiat he would be home in a few days.
No sails were siglitcd by the " Marvin " on the voyage home, which was a pleasac;
one, and made in twenty days. This schooner has for her season's catch '2fi'j'
skins, \\ hich is the largest reported up to date for any schooner sailin^-? out of port. Tli
men in the boat she lost are \V. Shields, hunter; Angus McDonald, boat-puller; ar
Tennison, boat-stecrer. No anxiety is felt on their account, as they must have made siiui:
or been picked up.
The " Sayward."
The schooner " W. P. Sayward," Captain George R. Ferry, which arrived last cvenii:.
from the Russian side, heard nothing of the seizures. The " Sayward " came home slmr
three of her boats with nine men. The five boats left the schooner on the 8th Au;;ii>!
and were hunting, when a fog came up. Only two of the boats came back, and the otlitf'
must have made for shore. " I sailed around," said Captain Ferry, "lor a number
days in hopes of picking them up, but failed. T am positive the men are all safe, as ii
wind came up. They must have been picked up or landed on Copper Island. It was no u:
for me to remain there with only two boats, and I made my way home, leaving tt;
Russian side on the 1 4th August. Tho trip home was a pleasant one until reaching Ca[:
Veale, where the wind and fog detained me for six days. I have for my season's woii
1,100 skins. I spoke the schooner " Kate and Anne" on the 22nd August, with 130 skin-
She had been sailing on the Japan coast, and had a catch of 1,200 skins, which she shippt:
from Hakodate to London." " A lucky thing for her," said the captain, when he wai
informed that she had been boarded by the Russians the next day. "The Russians mus!
have been close on to my heels. I did see a large steamer one day, but thought it wastht
' Victorin, and ti,f
lasbonic," the "Km
us sealinf5-scli()()n(i,
ved l)y the Riissimn,
brmed, that the luo
isoners. Tliev wer
izing schooners unti
10 above report. |.
mr during my crim..
^hiclds and Iiis cren
ine of the schooiui.
out a short dishmt
lade sail to get iiwnv
id. 1 spoke severi
a cruizer. She d;:
to give all steamer.
id " Dora Sieward
ut after a fog, whic!,
plenty of seal al)oiii,
st have been take
hey did. Perhaps ;
:new nothing of tlir
was spoken on tl;;
les McDonald," wk
G was blowing at tl:
d that threu scalin..
\\'c when these thrt
Rt known. One i:
' any time just tlmi,
' E. B. Marvin," bu'
an in danger hy ^
n the 19th Angu
'uptain Cox to wi:
nil
hich was a pleiis;i;'
ason's catch ^.Oi'
J5 out of port. Th
d, boat-puller; ai:
jst have made siioic
arritfcd last eveiiii;.
came home sliof
on the 8th August
back, and the otlur^
" for a number
are all safe, as ii
sland. ItwasnoiiK
home, leaving th.
until reaching Cap
* my season's woii
;ust, with 130 skin-
i, which she shippec
jtain, when he wai
The Russians must
t thought it was thi
0l$l steamer St. Paul, and paid no attention to her. She could have caught me easily at
He time, as no wind was blowing. I am glad to be home; eight months is a long
.#uizc."
The crews lost were : —
1. Neil Morrison, hunter; A. Brown, stecrer; A. McKcnzic, puller.
2. Andrew McGarva, hunter ; Maurice O'Connor, steerer ; Ernest Walsh, puller.
.'3. Charles Copeland, hunter; Sam, a Jap, steerer; John Hose, puller.
Following are the schooners spoken by the " W. P. Sayward " and "E. P. Marvin,"
with their catches on the Russian const, which arc very small. The captains complain
«f the terrible weather on that coast, alternating between gales of wind and fog and
twin.
to The " W. P. Sayward " got 400 skins on the Russian side, the " E. B. Marvin " 430,
$ke "Carmolite" 800, the " Agness McDonald" 240, "Fretis" 400, '-Victoria" 191,
»'W. P. Hall" 190, "Maria" 280, " G. R. White," of San Francisco," 150, "Henry
■Dennis" 420, "Kate and Anne" 130, "Brendtt" 210. The schooner " Ainsworth," of
Seattle, was spoken, but did not report, having only just come across.
,!! The schooners "Geneva," " Maude S.," and " Dora Sieward " did not report their
flttches, but claim to be doing well. Mostly, all tiiese schooners were spoken between
the 1st and 10th August.
The " Maijijie Mac"
A question anxiously asked every incoming vessel for months past has been, " Have
you seen tlie 'Maggie Mac'?" This little vessel left on a scaling voyage in April last,
and shortly afterwards it was reported that some wreckage found in the vicinity of
Queen Charlotte Island was all that was left of her. Subsequently, a whaler reported
liaving sighted a vessel supposed to be the " Maggie Mac." Notiiing further being
heord of her, it was feared that the whaler was mistaken, and that the tirst bad news
was correct.
Yesterday, however, something of a more cheerful nature was heard. Captain
Clarence Cox, of the " E. B. Marvin," reported having heard from several scalers at
alfferont times that the "Maggie Mac" liad been spoken in tlie vicinity of Copper
Island, apparently all well. He had not heard anything more definite, but feels positive
^at no mishap has befallen her.
Inclosure 6 in No. 36.
Extract from the ''Daily Colonist" of September 10, 1892.
A SCHOONER was, yesterday morning, sighted in the Straits, and thinking tha
was some craft passing up or down, but little attention was paid to her. Soon
"terwards, however, a ship's boat was seen heading for the harbour, and then it was that
iterest began to centre in the unknown one. As the boat neared the shore she was
cognized as a sealer, and when the men landed they told the brief tale: —
"From the 'Savward,' three of our boats seized by the Russians."
They at once made for Mr. Laing's house close by, and reported to hi,ii as the
incipal owner. There was a dead calm at the time, and Mr. Laing hastened into town,
, getting on board the " Lome," steamed out to welcome the " Sayward " and tow her
Within a couple of hours the schooner was safely anchored in" James' Bay, a boat
wered, and Captain Perry put ashore. He proceeded direct to the Custom-house, where
le reported to Collector Milne. When he entered the office he found the captains of the
ently seized schooners, whom he had met off the Russian coast, perfeclin;? their
-fvidence, which a few hours afterwards was forwarded to Ottawa. The meeting" was a
appy one, and Captain Perry was congratulated by r.ll upon his safe return.
A " Colonist " reporter was, of course, on hand, and to him Captain Perrv gave the
llowing account : —
I left Victoria on the IGth January last, on my scaling cruize, with eighteen hands
In board all told. With one exception all were white men. The exception was a Jap
N called Sam. My coast catch, about 200 skins--185 I think it was— I sent down by
[te ' Maude,' and then went on to the seas. Seal were plentiful, but they were awfully
■V,l:"«"f'
'ij
68
wild and hard to catch. On the 12th August I was 21 milcB south-east of Cop]),.
Island. The weather is peculiar there — very foggy at times, hut it clears up and con:,,
on again suddenly. On that date five boats put out, and as there was some talk lu i
the 3-mile or 3-lcaguc limit, I particularly cautioned the men not to go within 10 mil,,
of the shore. The weather was then clear. I had heard that one of the ' Marvin's' boi,.
had been captured by the Russians, and I was very cautious. F saw n llussian man-
war — I don't know her name — that evening. She was about 10 miles oft', and I had ni,
heard that her steam>launch was out. I saw the smoke of the launch, but I did not se
the launch herself.
••Towards night two of the boats returned and reported that they had seen tli
launch making in the direction of the other boats, but could not say that they had bee;
taken. I remained nil night signalling and flaring up (burning torches), in the hope c
getting the three boats back, but there was no sign of them. "I'h lext day I also kq
about looking out for them, and, there being no sign, 1 t-amc to ttie conclusion tlint [
could not continue with but two boats available for hunting. I thought I saw the Russia:
making for me, but he changed his course."
"How do you account for that?" was asked. "Had you heard of the otlit
seizures, and the impression here that they would seize all the sealers found in tliov
waters ?"
The captain proceeded to explain. ••One of the missing himters," said he, "tol;
me that should he fall in with Russians he would put him off; he would not tell hii
what his vessel was, nor where she was. My idea is that they thought they were sui
of me, and went after the boats, thinking that, with nearly all hands out, I could no:
work. However, seeing there was no chance of the men turning up, I sailed for home
I have 900 skins on board."
" You believe the men to have been captured ?''
"I do," said Captain Perry. " The weather was fine at the time, and the stcan;.
launch was about. There were three boats, with three men in each, the names being-
Neil Morrison, hunter; Harry Brown, steersman; Alee McKenzie, boat-puller.
Charles Copeland, hunter; John Rhodes, 8tc>er6man ; Sammy (Jap), boat-puller.
Andrew McGory, hunter; .J. Welsh, steersman; Maurice O'Connor, boat-puller.
Captain Perry reported having seen the •• Annie C. Moore" and the "Ariel." H;
had also seen the •' Victoria " on the 14th August, with AHO skins on board ; the " Ask-
McDonald" on the 10th, with 800 skins, 60 miles off Copper Island; the " Aretis" or
the same day, and in the same neighbourhood, with 1,000 skins, and several others wliitl
he did not speak. He also spoke the " E. B. Marvin" on the 10th, and, partiii;
company with her, thought she would have been home before him. He saw her in the
Straits coming in.
Asked as to the probable fate of the other schooners about Copper Island, Captair
Perry shook his head significantly, and proceeded to the sealers' head-quarters t:
report.
The ••E.B.Marvin," with Captain Clarence Cox in command, passed through tie
bridge in tow yesterday evening, from the sealing grounds. She also was minus scvcio
of her crew, one of her boats having been seized oft' Copper Island, a ftw days before the
men from the " Sayward " came to grief. The five boats, well manned, were sent off frnm
the ship's side in the morning, and when evening came but four reported ; the fil'ili
evidently had fallen into the hands of the Russians. The " Marvin " kept firing her guiis
and otherwise signalling all through the night, with the view of getting her men hiick
should they have but strayed away. They did not, however, return, and Captain Cdx,
having cruized about for a couple of days, determined to return. He reports hnvini;
spoken the "'Victoria,'' the "Aretis," the "Sayward," the "Henry Dennis," the
"Favourite," and the " W. P. Hall." A small schooner, the "Kate and Anne," \n>
taken in by the Russians, and, having been relieved of her skins, was let go again, her
captors not thinking her worth holding. The missing men from the "Marvin" are;
Billy Shields, hunter ; Walter Tennison and James Gallager, boat-pullers. The " Marvin'
had 440 skins on board, making her total catch for the season close on 2,000.
utli-cnst of CopiK.
ilears up and conn,
118 some talk as \
go within 10 mil,,
he ' Marvin's ' bo,,;,
n Russian innn-r/.
9 off, and I liiid nh
li, but I did not sn
they had si'cn tl.
that tiicy had bw:
les), in the hope c
ext day I also kcf
s conclusion that '.
it I saw the Russia;
leard of the otlu
lers found in tlio;
jrs," said lie, "tdi
would not tell bi
ight they were sui
ds out, I could iij
, I sailed for home
me, and the stcaii,.
lie names being—
e, boat-puller.
ip), boat-puller.
nor, boat-puller,
the "Ariel." 11;
board ; the " Agnt-
the "Aretis"o'
vcral others wiiid
0th, and, partiii:
He saw her in tlit
)cr Island, Captair,
head-quarters tc
passed through ll;;
was minus seven,,
.'w days before tli(
were sent off finm
reported ; the fil'ili
ept firing her i,'uii5,
ing her men Imck
and Captain CHx,
He reports havin;
nry Denni?," tlie
e and Anne," m
let so again, her
le " Marvin" aro;
The "Marvin'
2,000.
---J 60
No. 37. ^
The Earl of liosebery to Sir R. Morier.
Forelifn Office, November 4, 1892.
WITH reference to my despatch of the 18th idtimo, 1 inclose copy of a letter from
_j Colonial Office,* containing the affidavit from the master of the "W. P. Say ward" in
Sard to the seizure of that vessel's boats by a Russian steam-launch.
"™ I am, &c.
'^-- (Signed) ROSEBERY.
■'.(»
No. 38.
Admiralty to Foreign Office.-^{Received November 23.)
gj^^ Admiralty, November 22, 1892.
I AM commanded by my Lords Commissioners of the Admiralty to transmit here*
^h, for the information of the Secretary of State, copy of a letter from the Captain of
Ilfr Majestv's ship " Lennder," dated the 10th ultimo, and of its inclosures, giving an
account of 'the proceedings and seizure of the British sealing- schooners "Maria" and
" Carniolite " in the Behring Sea, and of the subsequent disposal of their crews.
I am, &c.
(Signed) EVAN MACGREGOR.
Inclosure 1 in No. 38.
Captain Castle to Admiralty.
" Leander," at Yokohama, October 19, \892.
IN confirmation of my telegrams of the 17th instant, I now forward, for the informa*
in of the Lords Commissioners of the Admiralty, the statements made to me by the
tains of the late British schooners "Maria" and "Carmolite," giving all the facts
nccted with the seizure of these ships while sealing in the Behring Sea.
2. I also append a track chart showing the relative positions of the sealing-schooners
the time of capture.
3. In accordance with instructions received from Vice-Admiral the Honourable
E. R. Fremantle, K.C.B., C.M.G., the Commander-in-chief, from Peking on the
Ith October, 1892, " to use my own discretion as to the disposal of the captains and
ws, and to consult my Lordships," I decided to permit the captains and crews, as it was
late to wire to Admiralty, to proceed in the " Empress of Japan," on board which ship
r were shipped as distressed British subjects by Her Britannic Majesty's Acting Consul
Nagasaki to Victoria, a British port.
I have further instructed them to present themselves before the Senior British Naval
cer at Esquimau, or in his absence to the Governor of that province, the Commander-
chief having instructed me to keep them under naval control.
4. I have written to the Senior Naval Officer at Esquimalt and to the Governor to
rm them of these men's movements. I have also telegraphed to them to let them know
on they may be expected. !,
I hs*-.'', ic.
(Signed) W. MoC. F. CASTLE.
Jt
• See m. SI.
70
IiicloHuru 2 in Nd. 38.
!Sliili'nitnt mmlc bq CopliiiH S, lialcum, of t:irah'f '' Marin." ,
I
'I'lIK (M)|><'\in sliitfil llmt lii« schooner I he " Miniii" wns ic^islcrcd iil Mnithip, ' Jg
Nova Scolin, (onnnyc 05 tons, ircw twonty-livc in nnmbiM', coinposi-tl ol' Kimlisl, „
'('<Hiii(linnt<.
Saili'd on tlu' 'J7tli A|iril f'nin> Victoria on n spiilinu; expedition, liavin'A cIimicI
tMisloui-iioii^c witii jiapcr-i Tor I'acilic Ocean. Had sixteen jj;nns on lioard. ('oi.nucn
K()itlin.>; ot} Cape {''lattery on t!ie 1st May, IH'.L', and eontinned openilions np cdivi
Vanconver and Alaska (Voni 2(1 to l.'iO niiicH till shore and aloni; sonlli side of Ah ii.
IhIhiuIs. Killed niiont \-iH ncaN on the const of VniK'ouvcr, nnd -1 IS> oil' Copper Kl,,
(Koniandoi'ski uninp'), inidun.; 't'M in all.
lie was cajilnri'd oil' Copper Island, on tia' east side, close iiishoie. 1),|, niilcs IvN.I
ol' sonth-wi'st cxlreniity. as coinpiited hy the captain ol' the " Kotik" (a llussi.iii Iraili-.
steamer), wliicii sliip hiui the (Jovcrnor id Koinnndorski Islnnds on hoard. The sr:il
hoats, six in niunhci', were ont lisiiini!;; also a canoe. 'I'he (iovernor stc-anicd ahm;.;
the "Maria," and hailed tliu captain to hrini; his pajuns. Il» took them on Imanl ; i
Cjovoriior luokitl ovrr th«!in. nnd said Captain llalcam conld not rctnrn to his scIiooiki.
ho had heeii liikinj? KcnIs in Russian waters. The captain slated he had heen ll^lli;
outside l\ leaijues oi' the coast, and therefore thought himself (piitc safe. 'J'lie (Jovcri
replied he was in Ki'.isinii waters <lirec'tly he crossetJ the honndary between America .\>
llussian seas.
The llussian Governor al.so Kaid that tlie K'ussian waters extended to the par.dW
Cu|H! Lopntka.
A |iri/.e crew was placed on hoard the " .Maria," eonsislinj; of the second otlieei oil
•' KotiU " and ten men.
The •• Kotik " anchored oti the vilhifje in I'eschanni Hay, also the schooner. Tl;
were allowed to take their personal effects with the exception ol idop-chesfs, chaitv, ,i
instruinenls, Tliey remained on hoard the " Kotik " one week, crni/ing round t:
I5elirim; yronp. and finally anclioivd in I'etropavlovsU on the L'Oth Aui;ust.
The " Maria " arrived two days before them.
The authorities at IVtropavlovsU ijave the crews a shed to live in, and they t
fiulficient provisions for use from the schooner, also their beddin;'
M. Alalanwanski, the ni?enl for the Fur Company, gave captain a comlbitv
liouse, which lie occupied with hi.s mate, Mr. iJexter. Wl ptain Hughes, of i^
' Carmolite." arrived, he niso was taken in there. The vvom . die house cookid !
them ; no eliaine was made. The crew were i^ivcn a shed so small nnd uneondiirti;
that some of tiiem preierred living in the town in native houses. 'I'liey sold their cliitli^
to jviy lor lodgiiiii; they had no money; Captain Jialcnm had about 10 dollars;!
luithorities did not interfere with tJiem.
Mr. landhuist, of the firm of Kelly, Walsh, nnd Co., of Yokohama, behaved vir
kindly. 'Jliey left clear of debt.
The '• Kotik ' also seized three men in the vicinity of Copper Island — the boat's nv
of the " Annie Moore," which ship, however, was not swn by the " Kotik."
About tile .'iOtli Auu-ut-t, Captain Hughes, of the scaler " Carmolite," which w as n;
(ured on the *28th Auiiust, arrived in the Knssinn corvette " Vitinz."
The " Vitiaz" Kiiled from Petropnvlovsk for Vladivostock on the .Oth September,!!
" Maria " beint; in tow of her. After steaminsi; through tiie Amnhitrite Straits tlic " M.irii
was cast off, and slie subsequently captured on the west side of Onekaton Isiaiul t
American whaling barque " Cape Horn l'ig:eon." The prize crew of the " Marin " «ir
placed on board the "Cape Horn Pigeon," and the crew of the "Capo Horn Pigeon ''c
board the " Maria," and tli?y proceeded to Vladivostock.
. The "Vitinz" reached Vladivostock on the Silst Sejitember. Forty-nine men \s,:
landed and placed in n small shed suitable for about tweniy-tivc; they had a |)rovi-i
allowance made them of half-a-rouble a-day ; those who could not find room in tin >ii.
lived in cheap lodgin^is.
The two captains and two mates paid 1 rouble a-day for one room, and slept oii li
floor.
During their stay the captains called on the Russian Governor and asked for -ov.
documents to certify that they were tiie masters of the captured vessels, lie replied ti
the papers would be sent to the Russian Consul at Nagasaki for the information of tl
British Consul. Apparently none were aent.
71
'nriii."
•,i;isf(«i'c(l III .M,Hil,i
posed of Kii!>lis|| ;,
)n, liavini; clcucl
Ixianl. ('di.iiiicik
licivitioiiH ii|i ('(i.hi
Diilli sidi- of Aim,
1 1!» oir Copper lv|„
lidit', !(,', mills K.\,l
" (ii Itiissiiiii liaili'.
Itoiivd. 'riic NciiJM
lor slcaiiu'd uIoium
tlii'tii on lioiiril ; I
rii to liis scliodiK I,
he lllld hcL'M li>l||;
siifc. 'J'lic (Invcri
l)ctwreii Aiiu'iicii .h
led to the par.dKI
! second odicir di i
I ho scliooiicr. Tl:
Dp-ciu'sts, {•halts, ,1
ciiiiziiii,' niiiiiil I;
i;ust.
c in, and they t /
ptain a coniloilV
tain Huj^lies, (>( i'
le house cookid ! •
II nod une()iiit(>r|;i:
ey sold their elotl*
out 10 dollars; t
inina, behaved vir
ii(! — the boat's err
>tik."
ite," which was e
Ith Septendter. i'
Straits the '• Win:.
'nekaton Island !
tiie " Marin " \w.
»c Horn Pijjeon ' r
)rty-ninc men wi;
ley hud a piovi-i
d room in tin >li;
11, and slept uu t:
md asked for -o-.:
s. He replied ti
infurmatiou of tl.
The creWH left, Vlndivostock on the 'J8th Sejitemher, and arrive d at Na';iwakl oi) the
lOrloher, heint; ordered passa-reH hy the Russian authorities in \\h<! "'i'oKio Marii " and
"fienkai ^^ani." , , • i
At Nauasaki the Uritish Consul plaeed tlicin in a ixianlin'.^-hoiise a'* di>livssed Uritisli
heets and tiiinlly, on the ir)tli October, embarked tluin on bo,. id tiie " Hnipress of
Jipan " for \'aii( oiiver,
N.iiie ol the sclioDners were sold befon- they left; l!ie " Carninlile " had not arrived.
At the tinieol their leavini; Vladivobtock no seamen id captured seahii^'sehooiierH Were
dMoine'l by the authoritie.s on shore. > *
I'iiis statement is eorrt^ct.
(Signed) SIMK )rr UAI.CAM.
Miisirr iif Srdlliiij'.trlioinifr " Mm in."
Witnessed by —
(Si-iied) \V. MoC. F. Casti,I{,
Cdplnin iinti Sriilor ()//!rrr, Jtijinii Dirision.
J. W II Kit IT, ('Ink,
Yokoliiiinti, October I'J, \80'2, . - . . ,....-— .^^-h... .. - -.— «
Inolosuru 3 in No. 38.
Slalentenl hy Captain Willidin Ihiijhcs, of Srnlrr " ('(iniiolitr."
1 THE "Carmolitc" was registered at Liverpool, Nova Seotin, oHicial No. 02^22,
of ,89 tons ; carried seven boats, t*ix used solely for Bcidini,' ; crew twenty-tiinse, all told —
sixteen Canadians, five Knglish, and two .Inpanese; previous to sailing ironi Victoria,
Nfxived no warnini; of Uussiun limits in regard to ISehrinp: Sen ; cleared nt Victoina
Cuitoiii-hoiisH on tiie 1st February with pupers for I'aeitie Ocean; armaincuL on board
consisted of fiiiirtcon guns and ammunition; started sealing at Cape I lanco about the
j^ February and continued right over to Cojiper I^^ltmd ; sent IS7!J seals to Victoria by
Mliooner called " Libbey " ((Janadian) from Ke liak rslanil on Alaskan const, thcneo
SBpceeded to Copper Island, where arrived about the lOtli July; continued sealing
d miles to northward and fit) to 1'20 iiiili s to southward, till tin; 'Jfitli August, when
MJIzcd by lluK.iian corvette "Vitiaz" aboin 2C> miles east of south end of Copper island
t computed by liussian ofHcer ; previous to being seized "Carmolita" was about,
miles east of south end of Copper Island when first sighted by liussian man-of-war and
n was eliaseil and captured.
Uussian olHeer asked ca|)tain reasons for being so close to Chopper Island, who stated
that he higlited land to correct chronometer, which was examined by navigator of Ku.ssian
n-of-war, wiio him.self stated that it was incorrect; impers were e.vamined, and Ca])tain
ghes taken on board (with thiin) the " Vitiaz." Kushian Admiral was on board " Vitiaz."
time and himself ordered seizure. " Carmolite " lu.'d (J()8 seals on board when .seized,
ich had been killed chiefly from GO to 121) miles to north and south of Cop|)cr and
ihring Islands, never nearer to land than ^0 nnles ac'aally .sealing until sighted by
iiiaz;" all seals, guns, and boats were confiscated. ( ;<|)tain and crew of "Carmolite "
Ih all personal effects sent on board " Vitiaz '' except the charts, sextant, and chrono-
ter, which they (Russians) claimed to belong to the ship ; then |)rizu crew was placed on
rd the " Carmolite," which followed " Vitiaz " to l'c:roi)avlovsk, where " Vitiaz "
ived on the 30th August ; there they were put on shore (or five days, and allowed
cents a-day per head to exist on. On the .Oth September Ihcy were embarked in
itiaz" and taken to Vladivostock, where arrived about tho 21st September, having
led at intermediato ports of Saghalieu ; up to time of leaving I'elropavlovsk tfic
ICarmolitc " had not arrived there, but on reaching Vladivostock told on board " Vitiaz "
at " Carmolite " had arrived at Pelropavlovsk.
At Vladivostock they were sent on shore and allowed 25 cents per head a-day to live
; here they remained about a week.
"No guard wns placed on the captain or crew whilst cither on board the " Vitiaz " or
ilst living on shore.
They remained at Vladivostock until the 28th September, when they were placed on
rd the steam-ship "Tokio Marii," their passages arranged by liussian (Jovernment;
ire taken by "Tokio Marii" to Fusan, were put on board "Gcnkai Marii," and takeri
Nagasaki, ubere Russian Government handed them over to British Consul b" leans of
lap Cuasul.
vH
«-. H m
There placed on board steam-ship " Empress of Japan," for Victoria.
At time of leaving Petropavlovsk and Vladivostock none of the crew nor any Britisli
subjects left at either port ; no one belonging to " Carmolite " left in debt to anybody.
This is a correct statement.
(Signed) W. V. HUGHES,
Master of late Sealing-schooner " Carmolite."
Witnessed by —
(Signed) W. McC. F. Castle,
Captain and Senior Officer, Japan Division.
J. WniGET, Clerk.
Yokohama, October 19, 1892.
Inciosure 4 in No. 38.
Tracing.
No. 39.
Colonial Office to Foreign Office.— -{Received December 1.)
S'i, Douming Street, November 30, 1892.
WITH reference to previous correspondeni e on the subject of seizures of nnd inter-
ference with sealers by the Russian cru zers, I am directed by the Marquis of Kipon to
transmit to you, to be laid be^'^re the Ikrl of Rosebery, a copy of a despatch which has
been received from the Governor-General of Canada, inclosing a copy of a Minute of the
Privy Council containing particulars with regard to the boarding of the British sealing-
schooner "C. H. Tupper " by the Captain of the Russian cruizer " Zabiaka."
Lord Ripon dei '< to invite Lord Rosebery's especial attention to the fact that i^ ^
vessel in question, when boarded, was distant 59 miles from the nearest Russian terncory,
and to express the hope that Lord Rosebery will consider the advisability of bringing this
aiiparantly unjustifiablp interference with a British vessel on the high seas before the
Russian Government.
No formal claim for compensation has yet been made on behalf of the owners of the
" C, H. Tupper," but doubtless some communication on this subject will be received in
due course.
1 am, &c.
(Signed) JOHN BRAMSTON.
Inciosure 1 in Nu. 39.
Lord Stanley of Preston to the Marquif of Ripon,
My Lord, Government House, Ottawa, November 1 1892.
IN continuation of previous correspondence on the subject of the seizures ot
British sealing-vesscls by the Russian authorities in the North Pacific Ocean, I have the
honour to forward copy of an approved Minute of the Privy Council, furnishiug particulars
of the boarding of the schooner " C. H. Tupper '' by the Captain of the Russian cruizer
" Zabi^ika."
It will be observed that though when boarded the ship was distant 59 miles from the
nearest Russian territory, and was shown by her log to have been nt no time durint; tlic
voyage nearer to such territory, she was ordered to leave Russian waters, which, hov/evcr.
the boarding officer refused to define.
I have, &c. . •
(Signed) STANLEY OF PRESTON.
l/ii-/osii/r I: in \F,U{.
line E
BEHRING
ISLANU
/«7*
tea*
KOMANDORSKI ISLANDS
(Tfaee<l Ct^om a- pliui, enhirqed/ U> df'iihir Ihr'
scale of Adm . chart Nf 2588.)
(.Hv^nciij A.U<vje.i SutHfr. JA 'n.i
f- (in«V'- A.
~" B.
3 ['o.sUivn orSrhoonf^- Mut'ii' nhftt cupUtfed'.
Vo.<ilwn <!' Schoonei' CiirnwUI'' iv/i<7i niptufed.
/««
5+
Till iit)()\f p(>,''it^on 'l5 c'Vfi-fvt ,
{siijn£4L) Wr F. CASTLE,
Captain^,
H.M S.'^LEA N D ER^'
uU^ Y ok/} ham a',
Oct. i9(^ 1892.
l.sujtu-J ] V^. O.HUGHES,
Masfr'T' cl late Scalin// Schooner
" CARMO LITE. "
(.HUpwM-) SPROTT BALCAM,
Mcuiler of late Sealing Schoorver.
"MARIA'!
■ i\
!\r
•■'■;.
f/W 14^5)
Uunniii i»«««Ulli..VILr*u,jUn*Ki
T'
ril\
f9>.
7:^
Iiiclosmc 2 ill No. 'iO.
lii-jioil of II CoiiDiiltlcf rif till- lliiixiuiiililr llic I'rini ('niniiil, ii/tinoiri/ In/ hi.i hl.iivllniii/
till' (loitnior-diiiriul In Ciniiinl on Ihi' Uli Xorrinlii'r, IKUi.
ON a Report dated tlic 3Ist Octolier, lP!)i', tVom llic Minister of .Marine and Fislicrics,
statin};, witli rcfiMeiitr to llic several Miiuites of ('(Jiincil on tlif Miliject of seizures oC and
iuterlereiico with IJiitish vessels in the North I'acilie Oeeaii liy the IJussian authorities,
Ihiit lie ha.s received a sworn statement hy Weiitvvortli K. I!id\er, master of the Miilish
sealiii^-sehooncr " C. II. Tupper.''
'iliis statement, which is hereto appended, relates \s follows: —
'I'hat on the 10th day of August, ls'.)2, while in latitude ii.'i oO' north latitude,
HJfi" 7' east, the "C. H. I'upper ' was hoarded hy an iiliieer tioin the Kussian crui/er
"Zabiaka." The master was ordered t) {j;o hoard llie Kussian eruizer with his ship'a
piiper*.
The Captain of the "Zahiaka " then proeeeded, with the assistance of the log-hook
iind ehai't, to locate the daily |)i)sitioi! of the ''('. 11. Tupjur" during the whole time of the
vessel's |)iesence in Asiatic wateis.
This operation resulted in the aseerlainment df the fact that at no time prior to the
Imardiiiir had the schooner hien nearer than (iU miles from land, while at that time slie was
about ;VJ miles from the nearest Russian tciritory.
'J"i;c jiosition at the time of hoarding was entered hy tiie Russian Commander in the
lo;4-l)i)ok of the schooner "'C. 11. Tupper."
Captain Maker was then told that he could proceed home wilh his vessel, hut that I is
skins would he taken : the Uii>sian Commander len.Hik'ii^- to ](i;ii, " Your (iovernment
stupjied sealing on j'our si(ie ; we ctopped sealing on tins side."
The mastei' of the " C. II. 'I'upper '" slates that his undtist.inding of this remark was
that as the British Government had entered into an aiiMigen ent t(; piivenl Itiitinh
vessels from sealing; hi American waters, his Govenimeiil would do likewise on the Asiatic
side.
To 'his Captain Haker replied that scalins^ was prohibited in the American waters of
Hcliriiig Sea, hut not in the Pacific Ocean.
Upon being asked when' he had been since he left port, he related an account of
voyage, telling the Russian Commander th.it he liad sealed along the .Alaskan coast; but
the Russian Comniaiuler expressed his (hnibts of this statement, as he was uiuier the
impression that sealing hud been stopped there.
He was informed, however, by Captain Maker that he had entered and cleared (Vom
the United States' port of Sand Point, witli -kins on board caught in tlie Pacific Ocean,
and that at the time of speaking he was still m ti:e Pacitic Ocean.
After again going over the positi m of the "'C. 1 1. Tupper" during her stay in Russian
waters, and having a conversation wi^' his two oHicers in the Russian l.inguagc, wh'cii was
not understood by Cajitain Baker, tl mniiinder of the " Zabiaka" inforiiuil thecapt.iiii
that he would allow l.'ini to proceed li uic ; liut if i.iAnin i aught, holii vi>- i and skins
would be seized.
He pi'oduced a Proclamntion issued hy tin Kussian (Jovcrnment prohibiting seal-
hunting in Okhotsk Sea and Russian waters.
On being asked for a definition of limits comprised in the term " Rus-im waters,'' he
replied : —
"Never mind limits. No seal catch. You can navigat<' these wains, but no seal
catch. You came here to steal seals."
This was the only reply vouchsafed to the rcipicst for definition of the limits of
Russian waters.
The Coininandcr of the "Zahiaka" then made the follow inix entry in the dailv
jouri.al of the " C. 1 1. Tupper " :—
"The warning was deli vci'e.l tio-ri the Itussian man-of-war • ..er 'Zahiaka' which
proclaims the prohibition of seal-hunting in Russian waters and iitur the Commander
Islands, 1S92, the lOtli August.
(Signed) " B. nE Levron, Captain.
" Latitude 53^ 60' north, longitude 100° T east."
Captain Baker, upon returning to his own vessel, ordererl sail to he made for Ih? pott
of Victoria, and entered in his dailv journal the following. —
[604] L
T?ffT
.3. •
i
74
" Wednnxhnj, Autjmt 10, li'flS. This day, wliilc Hie vcssH was lyinu; liovr-to under
a short sail, in hititndc r).'V fiO', Idiinitudc l(i(V 7 ciwl, thi> Knssiini man-ol-war ' /ial)iaKa '
ran alongside and orderi'd ns to hcavo((», sent ;i iiniit mi hoard and dcniaiuU'd that tlu-
schooner's jiapcis he taken to the iniin-df-war, whieli was doni", and tliei'e examined l>y the
Cnptain, the papers heini; found in order, lie then ordrred tiie ve-sel to leiive those
waters uixlcr a penalty of sei/nre and eontiseation slionld slie ai^ain he Counil ihere, nnd
would not give any satistaefion a-* 'o wliat they elaimed as Ilussian waters."
The aehooner "('. IF. Tnpjter" had hcen l)nt ei^jht days in the vieinity of Uussian
W«tor« when ordered oH". There were on iioard *J70 seal-skins ; ami tlie 'Miptain ealenlates
that, ns the weather was fair and seals pi. 'nlilid, siuli interruption oceasioiied the loss of
TSO skins to the owners, himself, and the erew of the sehooner.
The Minister o( Marine and Kislieries oiiserves that it api)ears, therefore, that
Captain <le I^cvron was under the impression that all sealini; in North I'acitio waters had
been interdicted l)y the modus riinnli .\i;ree;ti(Mir hetween Iler Majesty's (Jovernmcnt and
the United States.
It is quite elenr, however, from liie eare he took to a^eertaiii tlie actual position of the
schooner, that nt no time was she within the territoral jurisdiction of the IJussian (Jovern-
inenf, or liuhlc to interferenee hv the cnii/crs ot tiiat nation.
At\cr the explanation of Capta! . IViki r, which apparently removed (he impression
erroneously entertained hy Captain de licvton. his action in allowin-j; the vessel to proceed
home shows that he was not sure of the position he had assumed.
It is also worthy of notice tiiat tlie Russian oHieer, hy liis own action, osttahlislied the
fact that the vessel was, at the time of tiie interreienec eoiiiplaiiie<l of, heyond the jurisdic-
tion of tlie Ilussian Oovernmeiit.
The Minister further states that the (pustion of jurisdii'tion, nnd the history of
Russia's past attitude towards for(M;;u vessels under like circumstances, was tnlly discussed
by him in his Heport to your I'xeelieiiey dated the I'Jtli Octoher ultimo, and approved on
the 13tli October ultimo.
The Committee, on the rccommendalinn of the Minister of Marine nnd fisheries,
advise that a copy ot this Minute, if approved, vith its Appendix, he forwarded to the
Right llonournhle the I'rineipal Secretary ol Stat" lor the Colonies, for tho inlbmialion of
Her Majesty's (loverijment.
All of which is respect lull v suhmittetl for vonr I'vcellency's appmi'al.
(><i!;ned) JOSKPU POI'K,
AssiKtiint Clfik of the Pnvii Council.
.M'l'KXIMX.
Dominion of ( 'aiiiula, IVoviiice of Hrilisli ('iiliiiiilii;i.
City of Viotoriu.
I, WK\T\V(»l!TIl !•: HAKKI!. of tlio .ily of Victoria, in the I'rovincc of Itrilish Coliual.i.i,
niAster mariner, do soleninlv and HinriMely ."-tali' and decliir-' as follows; — •
1. That I am tlio master of llio lii'iciiinficr uii'Mtiniicd sclitionrr " ('. II, Tup]ioi-," a Itritish vcsshI
registered at the i«irl of .slu'llmiiie, in ilu' rroviurf of Nova Scotia, in tlic Domiiiioii of Caiiaila.
official No. iUti.'vl, aiul roj^istcuMl ioiiiiai;i' '.•'.'.
2. That on the HUli day of .Va^^Mi^t. l.S'.'J, wliilc in latitude ."i.T ."id' north, loiijjitude llJC 7' east,
iny said vessel w;us lioardod liy an olliiia- fnan the Kassimi rrui/er "Zaiiiaka."
;{, I was ordered to u't't into tin' said otliiia's boat, wliii'h I did, taking; with me my loj,'-litiok and
other pajKirs of the said siIiooikm- " ('. II. Tuii]ii'r," ai.d was tiiken on lionnl the said Ilussian cnii/ia'
" Zubiiika."
4. After boanlinu tlie Zahiak.i iis afiae.iaal. the Cajaaiii of the said vcsstd ordoreil me to show
hini the lo(j-liook ami paiHis of tin -.ml siIkmuu'i' " t'. II. Tu|i|mi'." wlnili 1 diil, and the Captain u'h!
the other ollieers of tlic said erui/.i'r /aliiak.i" sii'im.I out a tiiait, ami pricked out mv daily position
durinj; the whole finic 1 had been on the .\siatir >'u\f cjf the Xcutli I'aeilie (leean.
.'). That saiil Captain of the ■ /;diiaka " ent( led in the loi,'-liook of the said schooner " ('. H. Tu|iper "
the jxwition of the said schooner 01 tiie loth ilny of .\u^;ust, 18!I2. as stated in piti'ii){ritph 2 of this mv
declaration.
('). The said CaiUtun of the " Zalaaka, ' after traiin^ my daily po.siiioii as mentioned in (iara<,'rapli 1
hereof, lusiertiiined that my said ^chooiii'i ha 1 not lieen lU'a'er than about (id mih's IV-viu land l)ofore.
and that I was then about .'>0 miles from land.
7. The Captain of the " Zalaaka " then stateil to me : " Vou can take your ve.ssel and ;,'o home, but
I'll take your skins. Vour (iovernmeiit stop sealin on tlii< side." Hy this I 'lionj^ht he meant, " .Vs
your tfoverninent law stopped sealinn,' iVe. To tli;- 1 leiilied, " .No , they have only prohibited sealin;,'
in IJehring Sea, but not m the I'ai ilic Ocean." lie asked where 1 had been .siiico I tirat left N'ietoria,
and I gave him uu account of my voyage, lellm : him I had sealed along llic; Alaskan coast ; lij
npIieU that thia could not be. as my Itovernnu-nt had stepiK-d sealing. I theu told him thai I imd
I.)
riitiTi'il iinii I'ltMii'Oil fruiii Siiiiil I'liiiil,!! I'Mili'il Sliih.s' jkiiI. w iili si'iil-Hkiiis on IkiiiiiI, wliicli I liiiil
ciiii^lil ii< till! Pacifi)' I )<u'uii nnd not in Krliiin^ Si'ii. iiml liiiil iil. (lie linir lir wns s|i('iikin)^ (/> tne I wnn
ulill in llio I'acilii' I K'lMin,
S. Tlir Niiicl (ju|itiiin nl' tlii' " XiiliiiiUii " ii(;!iin wiinl hVit my ilaily pnNJlinnH tlnrinn llir lime ( wb«
on (III' AHiiilic aUh: nf lUr, rjiiiliu (Ici'iin, iiinl (lien liiul n riinvi'isiilinn willi liis two ollici'r.i in tlicir own
liiii;;iia;,'<', wliidi I iliil mil, iimlcrstiiml, aflrr wliiili llm <'ii]iliiiii sniil, " Vnn run ^d tliin limr, Iml if I
catrli yon li<'>''' iiK»i>i I ^vill tiiki' yiinr .si'liiinni'r iiml HkiiiM." Il(< hIhii saiil to \\\r llial, liuvin^ Ixiuii
waiiH'il liy liim, tlic ntlicr hiiHsian niiin-nr-wiir winilil tiii<i' iiiti ilfiiuml tlicrft iii^'ain.
!t. Tilt! wiiil (!apt4iin nf tlic " /aliiiiK.i " llirn sImiwimI me a I'ldi'liiniation issnrcl liy llir linxNian
(iiivcnimi'iit which |ii'<ihil)iUMl Hi'iil-hnnlinj; in (Ikh'it.sk Sea and HnsHian wntcrn. I iiHkril him w'-it
well' lilt) limits nl' Kiinsian wali'is, l:i wliii li he ii'|ilii'il, " Never niiinl liniitM. No stuil I'alcli. Yon cau
niivi;4al(' Ihi'Hii waters, Iml no seal catch. \'"ii loine here yon hIcuI seal." Jle j^avf? no other rc)ib' to
niv iiuestiov ahoiil tho JimilH ol' UnsHian walerw.
10. Till' entry made hy the ('a]ilain of the "Zaliiaka" in my daily journal i.s as followB : —
" 'riic warning was delivereil Ironi llie h'lm.sinn man-of-war cnii/er ' /aliiaka' which iironlniiuod
ntin;^ in ItuN.iian waleiM. ami near the ('Miiimandcr InlnndH.
Tie |iroliihition of .seal-liii
'Axigiid 10, IS'.tli.
" Tjntitudc 511' .no' north, lon^,'itude llHi' 7' eaHl,
(Si^^neil) "P.. UK I.KVitON, Cajiliiin.
11. After my rctnrn (o my own ve«Hel I ordired sail to In; made fm' tliu port of Vietorin, niMl
iiinnedialely afUnward.* I made the lollowin;; entry in my daily jonrnal:—
" W'tdiitJtday, Aiiijutl U), l.s',ij.--'i'|ii8 day, while the vcHKel wiiH lyin;,' iiovc-to nn<ler short snil
in Inlitnd.' oil' TiO', lonj^'itiide Kill' 7' east, the 1,'ii.ssiiin miin-ot-war ' /ahiakn " an ai.iii^tHide, nnd,
ordeiin'; ns to heiive-<o, .sent a lioat on Imaid and dem:indeil that the schoiaier's va|ierH hu tukiMi to lb«
man-of-war. which wa.s done, and Ihere e\,iniii:ed hy the ('ii|iiidn. the jUiperM heinn fonnd in ord«r.
lie lluMi ordered the ve.smd to leave those watein iiiidei |innalty of sei/.iire and f'onliMcation slionld
she ii}^'ain he fonnd there, and would not ;^ive any satislacliim as to what they claimed as KiiHsiiin
waters."
VI. '\'\\v. lireakin<{ up of my seiilinn voyii;.'e hy the ' /ahiiika " as aforcnaid cau.sed th« owners,
lay.'ielf, and iiew of tin.' .said schooner " ('. II. Tiipiiei " ;^reiit loss and daniaj;<.'. I had snflicient p'o-
vinions and stores on hoard, nnd intended lemninin;.' in the water.s I was then in nntil uhont tlic! niii'ule
of Septendier, as the sical.s were plentiful and the weiilher was fail-.
I.'l. I had only heen sealing,' eif,dit days in the said waters when ordered away hy tlie "Zahiida"
as aforesaid, and 1 then had on hoard li70 odd Heiil-skins.
14. Hy reason of leavinf; the said waters as aforesaid I lost not h^ss timn 7riO seal-skins.
And I nnike this solemn dei'larat ion consiienlionsly lieljevin;; the Hiime to hu true, and hy virtnn
of " The Act resiHH'ting K.xtra-.lndiciul Datlis."
(Signed) 'V. K. IJAKKh".
;^ij,'nt!d and dcclareil hy the said Weiituorlh I'!, linker hefore me, the rndersi(,'nnd, a Notary
Tuhlic duly connnissioned and residing,' nnd pnietisinj,' nt the city of Victoria, in the I'rovin'e (d'
KriliHli Cohnnliia, this ISth day of Octoher, A.n. \W1.
(Signed) ViiANfis It, (lui'.iniifV,
A Notarij I'uHit in and fvr the J'roiiiirf nf Itriliuli
C'otumbin.
No. W.
Sir R. Morier to the Karl of JioKeliery. — {lieceived December 7.)
My Ivord, HI. I'elersburyh, November 21), 1892.
I HAVE the liotiour to inrorin your Tionlship tliut I Imvu this day addressed (o
M. Chichkinc the note of whicli I inclose n copy iiercwith, on the suhjcct of the capture
by Kussian cruizers of Cauadiaii seal-bhips in the I'acilic.
I have, &c.
(Signed) R. B. D. MORIEK.
i''
'1 ■\W'%.-■
Am
M
\lh^'
Inclosure in No. 40.
Sir R. Morier to M. Chichkine.
M. le Coniciller Priv^, at. Petersburgh, November 17 (29), lIBflS.
I AM now in a position to subinit to your Kxcellency the various affidavits and other
documents received from Ottawa in connection with the recent captures of Canadian
sealing-ships by RuMian cruisers.
In your £xceU«DCv's note of the 3rd (15th) October you hare been iso good as to
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76
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liiiiiish mo with a inlwd t'drlr li'lt'j;ra|)lii«' reply iccoivod by Admiral Kri'iiicr \n \\w
iiKHiiiios mailr liy ^l^. llnwiiid in liis iiidr-iiir'ninirr dl' the ir)tli Scpfciiilicr. Von slate
lliiit tliis li'K'sjrapiiic iiiroiniatinii oonlaiiis a mmplvtr reply to ti\o " lyini? sfatcmrnts" ol
till- niiii>li cirws. Whilst liilly un(lcrstantlini>- llic irritation caused liy statements
ilt'iii^ali)!y t;> tlit- i^nvsim nation.:! Iioiioir, I cannot admit that thu imswei' ol tiu-
Commiindcr ol the Unssian INiciru- I'Meel (li>iioses ot nil the (piestit)ns raiseil in tlic
iiih'-wr'moiii' o( the Kiih Si |it<'ndier. and 1 would venlnie to depreeate tiie use of Htroni;
l.in;;naiie in relereiuT to ;i ipiestion ol exeepfion.d delieaey «hieh reipiiics to he tented on
hotli sides with a Irieiidly deteiniiniilion lo aniv<- at a lair and eipiilahle st-ttleiiient.
Your I xeeileni y may rest fully assuieil that Her Majesty's (Jovernment will ask for
iiethini; luil what (hey are justilied hy international law and intermitionni emnity in
elaimint;. and on the otln>r hand I lerl assured that the Imperial (Government, will not on
their side reluse what international law and ir.ternatioiud eomity deeidu that they should
jcrant.
The eiuuphiinls oi the Canadian lisluruu-n fall mider two heads: first, the treatment
l!iey declare tiuy experieneed at the haiuU of their eapttirs ; and, secondly, the illegality
if the eapturcs themselves, in that they were eliected on the Uh^U seas at coiisiderahlu
distanci s Irom Russian territ >rial waters.
In r<iirenee to the tiist there is apparently an irrecoiu'ilalile contradiction hetween
the swori; : ' idenco of the masters and crews of the three ships, the "Ariel," "Willie
MelMnvMU. 11(1 " I'osic Olsen," and the stateuuMds made l)y the Connnanch-r of the
Impeii.d Piaitiv- scpiadron : hut a earefid examination of the alfidavits on mie side, ai\d of
yt>ur Kxcelleucv's note on the .)ther, shows that the diserepnney is not s.o f;reat as it at
tirst appears.
I he Crimuauiler of the Imperial I'acitie sipiadron lays cxceptiona! stress upon the
jTOod triiitment which the ollicers and ctews of the captured ships received on hoanl
t!u- •• /.ahiakii," and he appeals to the lestiniony of the otiicers of the " Mary," (he
" ("aiu-.olite." and tlu" " \ aiu'ouver Melie " to prove the Kindness and courtesy which
tiiey had met with. N,)\v, in the allidavits transmitted herewith it will be perceived that
no complaints are made wth nrcrencc to the treatnuMit ot the oiKeers and crews whilst
I n hoaril the " /.alii.iku," aiul immcdiulcly within the power of the Captain of that
ship; the I oinplaints begin utter the crews were hinded and lcf\ to look after themselves
cm shore.
The alternative which scms to havi- presented itself to Captain de Lcvron a|)pcars to
lune lieen eiiher to send tne captains and crews to be tried at Vladivostock on the charu;.'
ol lauiinu or at once to contiscatc the shi|>s ami turn the crews adrift. In all three eases
the masters in |uire(l wiuit was to hccomc ol them when they landed at Petropavlovsk. In
each CISC they «eic told that I'rum the moment they left tiie erui/.ers (lie captains would
be no lonirer re>ponsihlc tor ti.ein. It was clear, under these eirciimstnnccs, that it
became the duty of the civil authorities of the town to provide for the wants of destiiutc
torci::neis Ian 'cd upon their si. ores against their will. This duty the sworn evidence
Mo.\s to ha\e been tlajjranily neglected. I he " Ispravnik " could not at tirst be induced
lo let at all, and then assii;ned a lilthy room 10 feet hy IS feet in which the crews of the
" .Ariel "' and " Willie McCiowan," in number ahont fortv-seven, were lodged, with so little
loo :i that a number of them were loicd to sleep outside on the hard ground. Hy the
kiiiiluess of a local merchant, .M. Malvanonsky, the captain and the white men of the
•• Rosic Dlsen " were acct.minodated in an empty warehouse. The allowance of
I.") copecks a-day tor fooii seems only to have been commenced on the JJrd August, the
crews laving already been o\\ shore tor stivcral days.
1 should add that there was one great hardship which all the crews bitterly com-
jlained o^ -that ot insnlfieienl clothing and that it does not appear to me that the
matter was iui)uii-ed into and remedied as it ought to h.ive been. For instance, the crew
of the •' .\riel '' were roused at l"3() .\.M. and compelled at once, and without the
opportunity i^i inoiicrly clothing themselves, still less of taking their kits with tliem, to
jio on hoard the " Zabiaka." On arriving at I'ctropavlovsk the master asked Captain
rie I.cvron t-) be allowed to ;;o on board the prize and letch bis clothes. This was at once
gr.mted. When .Mr. McLeod got on board the "Ariel," however, be found that every-
thing bad been ransacked, and that all his clothes and other property were gene, though
by whom this had been done there is no evidence to show. Now, it is clear that this was
a matter which, tor the good name of the Uussian prize crews, ought to have been rigidly
inquired into.
Kinally, the masters cflm|)lained of the very hard conditions stipulated for by Captain
de Levron with the master of the American ship " Majestic" for repatriating the crews.
Ou the the other hand, in the telegram of the Commander of the Imperial Pacific
17
sipindion it is stated tliat tlic cirws of f.lip " Arifl '' niid " Willio M<>(io\v(iii " wrrc K"'''y
(it •iiitiiiDiis iind disoi (lolly rnndiict, iiiid iTi|iiiiTd t(i lie itrouKJit to order iiy I he use of
forii!.
Thoiinl), Hs I observed Icdire, an imparl iai examination of t.li(; evidence, willi the
jillinvance due lor exa^ireratioii on tlie |iart of men s nartinif under a senxe of liardsiii|i and
injiistiec, would seem to show that the undoid)le(l il>-nsai(e experieneed l)v the ollieers and
crews of tlie three slii|is durini; llieir Sdjourn at l'<'lrn|iiivIovsii is to he impule<l ral'irr to
the civil authorities of the town than to the Ku^siui naval oHieers, it is nevertheless
certain that there is a eonflirt ol evidenei* which it would la; inijiossibh; to chwir up
willtoiit a searehinu incpiiry hel'ore a properly eonstiiut.d doiul in whieii evidence on bolli
sides would he admitted.
Her Majesty's (iovernment, tl'.crerore, eonlidently hope that when the ease of these
tliiee ships is l)rou<;ht on for adjndiea'ion heforc! a re^idarly eonsJiliiled Trihunal, the
Ireiitnient of the ollieers and crews at I'etropavlovsk will form the suhjeet of a judicial
inipiiry, and that eoinisel will he heard on behalf of the ollieers and crews of the
three ships.
I have now to deal with the second complaint of the British crews, vi/.., that they
wvw unlawfully captured on the hii;h seas at distances varying from 4'( to 2.') miles from
IJiissian territorial waters. In the eonversalion I had tlu; honour to hold with your
Kxeelleiicy on the ii.'lrd September, you defended tie; eaptm-e of the sealers by the
following; arf^nmenl : — Admitting', you said, that the sealers had not been actually cautrbt
within the Russian territorial waters, you ar^^ued that if a ship was found poachiiiK in the
territorial waters and pursued thence into the open sea, it woidd be a hard ease were the
pursuing; crui/.cr debarred from the ri^bl of ea|ilurin<; her, and you used the illustratio!) of
the surprise ol a burglar iu Jldijinntr drli.-lo within your house and the pursuit nrul cajiture
of him in the street. I believe this to be a correct view, and 1 have little doubt that il is
shared by Her Mnjesly's (iovermneni. I ait, in order that the right of capture on the
liinh seas under these circumstances should be made perfect, it is necessary that the
otienee and lli<>ht should be continuous, and pursuit begun whilst the otfending vessel h
still within territorial waters.
Tills would seem to reduce the case of the three sealers to very simple proportions.
Thougi! there is a discrepancy between the distiiiux'S from the nearest Kussian land as
culeiilated in the British and Kussian cases, they are i'l each case far beyond the ■'t-inile
limit constituting the territorial waters.
The only (piestion to be decide<l, thercilbre, is whether the three ships were discovered,
by the cruizer " Zabiaka" or the commissioned merchant-shin " Kotik," actually poaching
within the 3-iiiile limit, and were |)ursiied thence respectively \\ miles, 40 miles, or
'2b miles into the open sea, and there captured.
Now, it comes oui (piitc clearly from the inclosed atlidavits and tin; llussian Protocols
neeompanying them that in not one of tlie cases was the capture the tinal act of u previous
pursuit initiated in the territorial waters of Russia. The I'rotoeujs clniwii up l)y Cisptain
(Ic Levron, printed on p|). (> and 1!) of the inclosed atlidavits, prove this beyond a doubt,
lie comes across the two scIiooik is casually, Knows them at once to be sealers, boards
them, linds dead seals and fresh seal-skins, and lorlhwith contiseaies the ships and makes
their crews prisoners, idthough the liut appears to bi; that wh"n he sii^htcd the schooii'M'.s
they were beyond territorial waters at a (lislanec of If) and '20 miles respectively f-o;n tin!
nearest Russian territory. The case of the ' Kosie Olscii " is still more conclusive, if this
were possible, for at the time when she was captured she was actually engaged in her
le^itimute occu)mtion of sealing in the open sea, her boats being all out at the time, and
having to be coilcclcd by the " Kotik " before they could proceed. How could siie under
such circumstnnccs have been escaping pursuit ? The iilen of pursuit fro:ii territorial
waters is never even incidentally put in. In every case ..le ground ol capture alleged is
that the ships were taken in IJussian waters with ))roo(8 on board that they had been
engaged in catching seals in territorial waters otf the Commander and Copper Islands.
What these {iroofs can have been it is difiicult to understand. It cannot be supposed that
the skins could afford evidence that a particular seal had been caught witliin 3 miles of the
coast and not out at sea. All the information in the possession of Her Majesty's (iovern-
ment tends to show that the vessels had carefully avoided fishing, or even approaching,
within 3 miles of the Russian coast ; indeed, the masters and other deponents assert that
they had kept at a much greater distance. No testimony has hitherto been produced
which invalidates these statements. It seems clear, therefore, that Captain de Levron and
M. Grebnitzky mean by " Russian waters " something wholly different from the !i-mile
limit recognized generally by international law, and specifically by the Russian Govern-
ment iu regard to these very seas, as constituting territorial waters. They talk of their
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right to seize ships which can be proved to be sealers at any and every distance from tli
shore, at 1,000 miles if necessary, so lonp us there is proof, even if it were only tli
presence of salt, of their being sealers. This languai^e has been used by M. (irehnitzky
not only now but so far back as 1B88 in connection with the capture of the " Araunah."
It is clear, therefore, either that thcsC olriccrs are unacquainted with the rules
of international law wliich govern the case, and the special declarations of the Im()ctiiil
Government in reference to these seas, or that being acquainted with tiiem they have
deliberately set them at defiance. That Captain de licvron was working ujion ii
deliberate theory on the siihjeet seems clear from the affidavit of John Mcleod, n\iistir
of the "Arid" (p. 9), wiio asks Captain <le Lcvron, " Are you seizing my vessel?'
He said, "Yes." " I asked him what he was seizing her for." lie said, " You are in
Russian waters " lie added, "The Americans claim one side of the line of
demarcation, we claim the other." Accordin;;ly, from a review of all the facts connectiii
with the present cases, no less than those that were elicited in the case of the " Araunah,"
it seems to me to be clear that the local Russian officers in those seas have, despite the
declarations of the Russian (lovernnient to the contrary, been acting on the theory that
the sea to the west of the so-called line of IH()7 is a Russian mnrr riaiisiim, though this
theory is difficult to reconcile with their ignorance of the state of things created by the
Order in Council of the 23rd June, 1891, and the modus rivendi agreed to betwctii
ourselves and the United States.
Everywhere the greatest stress is laid on, and astonishment displayed at, the
certificates produced by the sealers, testifying to their having been warncri against scalinc;
in the waters to the east of the line of demarcation, as if this were a great aggravation ot
their offence. Even your Excellency seems to be under a niisajiprehension on the subject,
as you observe in your note of the 3rd (ISth) October that it is clear, from the sinps
being turned out of these seas, tlsat their notorious habits of poacliing must have been
well known to our authorities.
This is not so; they were warned, not because they were known to be poachers, or
hod been caught poaching, but because all sealing to the east of the line of demarcation,
whether on the open sea or near the coasts, was prohibited by the Order in Council of
June 1891. It was as scalers, and not as ])oachers, that they were warned. In each case
they asked the otiiccrs of the British and American ships who warned them whether, on
crossing to the west of the line of demarcation, they were at liberty to fish, and were told,
and correctly told, that so long as they kept clear of Russian territorial waters, and
confined their operations to the high seas, they were at liberty to fish. This had likewise
been explained to them before they left Victoria, where they had been specially warned to
avoid Russian territorial waters, and to keep to the high seas.
Such is the case which 1 have been instructed by Her Majesty's Oovernment to
submit to your Excellency's consideration. They do not doubt that as it is admitted that
the seizures took place outside the territorial jurisdiction of Russia, the confiscation of
the vessels will be reversed, and that these will be restored to their owners, with com-
pensation for the loss sustained. With regard to the alleged ill-treatment of the crews,
they propose to await the result of the searching inquiry which your Excellency lias
assured me would be instituted before advancing any definite claim on behalf of the
owners and crews, and they have too nmch confidence in the equity and humanity of the
Russian Government not to suppose that they will offer immediate and adequate rejjara-
tion if the proceedings of the Russian officers should prove to be correctly described in
the inclosed papers.
I have, &c.
(Signed) R. 13. D. MORIER.
• /
No. 41.
The Earl of Itosehery to Sir 11. Morier.
Sir,
Foreign Office, December 12, 1892,
I TRANSMIT to your Excellency copy of a letter from the Colonial Office relating
to the boarding of the British sealing-schooner " C. H. Tupper," by the Captain of the
Russian eruizer " Zabiaka."*
I request that your Excellency will point out to the Russian Government that the
" C. H. Tupper," when boarded, was 69 miles distant from the nearest Russian territory,
• No. 39.
70
and call their attention to this interference with a British vessel outside Russian territorial
juiisciction.
You should add tiiat no claim for compensation has, as yet, been received from the
owner? of tiie " C. H. Tupper", but that Her Majesty's Government must reserve to
themselves the right of presenting such claim, if it should be made, us no doubt it will.
1 am, &e.
(Signed) ROSEBERY.
No. 42.
Admiralty to Foreign Office. — {Received December 19.)
Sir, Admiralty, December 17, 1892.
I AM commanded by my Lords Commissioners of the Admiralty to transmit herewith,
for tlie information of the Secretary of State, papers respecting the proceedings of Her
Majcstv's ship " Leander " in connection with the seizure of British scaling-schooners by
Russian ships of war,
I am, &c.
(Signed) EVAN MACGREGOR.
Inclosure 1 in No. 42.
Captain Castle to Vice-Admircl Sir E. Fremantle.
Sir,
"Leander," at Hakodate, October 10, 1892.
I HAVE the honour to report that, after parting company with your flag on the
Gfitli September, I proceeded, in accordance with your orders, at •' moderate dispatch," to
Prrtropavlovsk, rcaciiing that port a 4 P.M. on the 30th ultimo. On my arrival I imme-
diately saluted the Russian flag with twenty-one guns, the Imperial cruizer " Yakoute "
returning the salute.
2. Until noon on the 28th ultimo the weather was tine and clear ; fogs were then met
with, wlueli dispersed about 10 a.m. on the 30th ultimo. I then sighted the snow-clad
hills to the south of Petropavlovsk, and shaped a course for that port.
3. During my stay at Petropavlovsk I paid official visits to the Okruginoi Nacha-
liniiv (Chief of the Province) of Kaintchatka, and to the Commanders of the Imperial
cruizcrs "Yakoute" and "Bobr;" the latter vessel arrived on the 3rd October from
Komandorski Islands.
4. I left Petropavlovsk at 3'30 p.m. on the 5th instant, and proceeded at " moderate
dispatclt." .On the 7lh October I expended one month's allowance of ammunition, and
carried out night firing with macliinc and quick-firing guns.
5. in accordance with your orders, I called off tiie Island of Paramushir on the
Gtli October, but tliere being no signs of wrecks, and the Amphitrite passage appearing
very foul (near shore), I hauled to the southward, and proceeded along the eastward side
of the Kuriles.
G. On the 8th instant 1 called at Yctorup, or Staten Island, and found at anchor in
Hitokappu Bay the Japanese surveying ship " Iwaki " (" Banjo "). An officer of this ship
catne on board, and from him I learnt that, on the 1st August, whilst surveying at the
north-eust end of Paramushir Island, they discovered the graves of two Englishmen (I
attacli a copy of tiie inscrijilion). I also learnt that no British ships, sealers or whalers,
had been there recently. Paramushir Island is uninhabited ; last year twenty-seven Ainos
were removed from the Island by the Japanese Government. I was also assured that no
British ships, sealers or whalers, had been at Staten Island recently.
7. At 4 P.M. 1 proceeded, and arrived at Hakodate at 9 a.m. on the 10th instant.
After coaling I shall leave for Yokohama.
S. The health of the ship's company has been good.
I have, &c.
(Signed) W. M. F. CASTLE.
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tioiit III) O/ficrr of tlir Jojuitiisr Sinrniiiu/ ship " liiuki."
IIKRK lies (lie (\m) luuiiis of Ailliiir rayr.c. iif l.oiiilnn, ami .liinus (Iici'ii, of
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TllOMAS I'OWKM,,
Milluall,
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ICii^IuikI.
Inrli)smo -1 in No. 4'-.
Cnjilnin Cimtli' to Vicr-Ailmiral Sir F.. Frtmanlle.
(Kxtrad.l " I.nimler," nt llnkodotr, Oclobcr 10, IS!>2.
I IIA\'K till' honour to irixirt dial I ariivnl at IVtropavlovsk on (lie ulti'inooii of
Friilay, the .'\Otli SeiitfinluT, iNifJ, and foinimnoi'd to fjatlicr the facts i-onnecli'tl willi llic
sri/uic lit" Hiitisli scalinj^-siiiooiuMs liy Wii-i^ian fiui/'ors.
■J. 1 asfoilainrd that, in ilio Sm of Okliotsk, no sL'i/nrcs were ninde, nnd tiiat no
Hiiti>li snl'jtxts Wire detained r.t IVtropavlovsk.
M. It apiHurs thai, siiuv July, scvi'iul Hiitish Si-aliiig-schooncrs, whose crews nvor.n;;('il
fwenty-tlirtr n.i-n v:\v.\ after eiideivoniinj; to lake seals in the neij-hhoiirhood tif llie
Aleutian Islancis (puieliased by Ameiita from Russia the Ihth Octoher, 1 '*(!"), sailed
down to tlie Rehnii'^ and Kon'.;iiiiiorski i.rou;i, and eoinnieiiced their fishing opernlions in
Kussiiin wiiteis. 'Phis I ascertained lioui a reliable Bouree.
•1. 'Ihree Russian eiuizois have lieen ciiiployed in pntrollinr;, not only the
Komaudoiski provip, hut ahuii: the iioith-e.st const ot Kanitchatka and about K.irai;inski
Island; ihcir names are the " Zabiaka," "Holi!," and " Yakoute ;" the Russian Admiral
in the " N itiaz " li.s also lately oceii in thes:; waters. The cruizinj^ season ol these
vessels terminates the second week in .NDveinher, when n portion (eight) of the
crew i<f the "Yakoute"' will be lelt at a depot, the " Yukoute " nil! then return to
Vladivostock tor the winter. I le.irii that t' c "Zabinka" bus already returned to
tliut poit; I left the "Rohr" at l'etropavIov>k coaling, and about to proceed on
another ciuize: the " Yakoute" left for the Ko:uaiidorski group on the morning of the
4th instant.
;'i. Since July, the " Zabiuka " has seized in the neighbourhood of the Koniandorski
group the following British sealing-schooners : "Willie McCJowan," Captain Mclx'od ;
si
■■Arid," nanio of cnptnin <inktiown ; " Vniironvrr Hcll<>," imtiii^ of i-a|ilnin iiiiktiown ;
„|m. (he Amninni Hfuliii'/.M-liooiicr "('. II. White." The "('. 11. While " was the (irHt,
(•ii|>tiife.
During (he eiiii/.e of the " N'lliii/, " witli l.hu IliiHsiiui Adiiiinil on hoiini, two olher
Kiinlish Hciihiiif-'^ehiioiieiH were nei/eil, vi/., the "Maria" mid " Cannohte," alioiit the
I'Jili .S.plemher.
Also the KiiHuinii Srnl-Hkiii Coiiipany'M Bleainer " Kolik " (" The Seal ") eapturc'il the
'• Idmie ()|hv-ii;' the I i'lvcrnor of tliu KotnatidorHki Uhiiiil was on hiiard, and ordered the
M'izine,
(i. In all, seven schoonerH were captured. They were dispoHed ol as IuIIowh : The
cirws of the " ('. II. While," " U.iMJe Olsec," " Willie Me(!owan," and " Ariel " leil. the
|i(irt in the Aniericiui iianpi*! " Majestic," Caplain l/irent/.en, lor I'li^et SoimkI. NuthiriK
was paid liv the <iovernor id' I'etropavlovHk lor their pasHageH, hut the captain took tliiMii
more or lesM an a speeulatimi ; very little pioviHitnm were hcmiI with them, and the men
coaiplained that, there weie not enouifh lor the passage ; uhont Hixty-liinr men left in Mmh
way. 'I'he eap'ain lA' the " Vancouver llelle" was {riven the " Itonie OUen " to take IiIh
own en^w and some men t'ound in the islandH away in. Shi! wa4 renamed th(!"l'ri/. "
licfore hIii! was handed over. The papers, records, ^^ims, annnunition, and skiim were till
('(inliseated and sold. The six other vesnids wen; lepainted and relitted, and )u:nt with
prize crewH to N'iadivostock.
7. The (iuvernornl' I'cli'opavlovsk asHui'cd ine lie had no papers, rceonlH, (te., and
llial he took no action in the matter, all overt actH hein;; made liy ttie Naval Captains.
H. Whilst the ci'CMs were livin;^ at Pelropavlovsk they were housed in an old hoH|iital
coiiHisliiif; ol' only one room, and that not a lar;.;e one ; .'{.'i copi-idis a-day were ^iven to (lie
raptains, :md IT) to the men, to support, themselves (iiliout !t|,(/. and \il. reN|ieetively). Tho
ciiptains and crewN left in delit to the Htorekeeper.
!(. The captains and ollicerH of tlie " Hohr " and " Yakoute," which w. ti! ut I'etro-
|iMvl(tvsk duiinji my stay, were most f'rierully. The (iovernor lunched with nic;, und
Nulisciiiiently entertained myself and the ollicers holh at Inneli and dimier.
10. On my ariival at the |iort, I saluted the Itussian tla;^ with twenty-one «uns, and
jiiiid a similar «ompliment, on leitvini; ; tho salutcK were rcturiUMl hy the " Yakoute " and
" Hohr " respectively. I also saluled the (iovernor on his payin{; mc a visit. Cordiality
jMid i;ood lceliii;r were exhihited and expressed at, hoth lunch and ilintuT.
A Hhooting party was al.so arraUKcd, in which the (iovernor took part.
The raptnins of huth the" nnlir"and " Yakoute" mentioned that the " Melpomene"
had heen Hven rrui/iug in the nci^^lihourhooil of the Komandurski Islands, with a schooner
in tow.
IncloHurc 5 in No. A'J.
Captain Castle to Vice-Admiral Sir K. Frrriumth:
(Kxtrnct.) " Uanikr," Oclohrr 22, 1HJ)2.
ON the morninfj; of the Itltli instant I received your telegram from Tien-tsin, und
mliii'cted at. Hakodate. I immediately |)!necil myself in conunuincation with the Hrilinh
t'liartie d'AHaires, Mr. de lUmNcn, at TAki^); also with the Consul at Yokohama,
Mr. Troup, and Messrs. Hull and Quin, Consuls at Hakodate and Na^jasaki res|)cc-
tiveiy ; tiic latter was on leave from Nagasaki. I append a btatemcnt relative to the
arrival of the sealers' crews, made hy the latter. I also telegraphed to the Acting Consul
at Nagasaki lor Inrthcr |)articular8 as to future movements of the crews, and I learnt that
tliey would arrive here hy the " Empress of .lapan " on Tuesday, the IStli instant, and on
his reply 1 telegraphed the latest intelligence to you.
On the 19th instant the " Empress of Japan " arrived. I interviewed the captains
of the schooners " Maria " and " Carmelite ;" copies of their statements arc forwarded
with a coverini; letter.
On the 19th instant your telegram arrived about three hours before the advertised
(iepaiture of the " Empress of Japan," so I decided to let the two captains and thirty-
seven crew proceed to Vancouver, and to report themselves to the Senior Naval Officer
at Esquimau or the Governor of British Columbia, in order to keep them under naval
control. On the same day I telegraphed their departure to the Admiralty, the Senior
Officer, Esquimau, and to you, on the 20th October.
I also communicated my actions to the Charg6 d'Affaires at T6ki6. I attach copies
of all telegrams received and transmitted on the subject of the seizure of the sealiii"--
[601] M
,,\4ii,
*!l
S2
schooners ; nlso n letter from the Acting Consul at Nn^asuki in confirmation of his
previous telegram,
Inclosure in No. 42.
Hubulunce of Tflei/rams received and transmitted relative to the Capture, 8fc., (ff
Sealituj-.irhooners in liehriiuj Sea hi) Runniana.
To Commander-in-chief, October 10, 1892.
SKVRN srhooncrs, six British, one Atnerican, seized since July in Bcliring So.i,
neiplilmurlinod Konmndorski Fslnnd; four < rcws sent hack IViRct Sound in the American
hnniue " Mnjcstic," one left in the schooner " I'riz," lute " Rosic Oiscn," rcnmining
two crews taken by lliissian Admiral to Vladivostok in "Vitiaz," no jjortion of crews
detained I'ctropavlovsk ; " Melpomene'' reported cruizing off Behring k""""!' J schooner's
;;uns, pnpers, and skins all confiscated. Six schooners left for Vladivostock with Russian
prize crews ; no seizures made in Okhotsk Sea. Russian Sealing Ccmipany's steamer
" Kotik," with Governor of Komandorski on hoard, seized one schooner, otiiers seized by
crui/.ers.
From Commander-in-chief, October 16, 1892.
(From Tien-tsin, ond redirected at Hakodate to Yokohama.)
Failing Admiralty orders proceed to Vladivostock, relating to crews taken there.
Reply Chefoo.
To Commander-in-chief, Chefon, October 10, 1802.
Am proceeding to sea in accordance with orders Hakodate, calling for interpreter.
To British Consul, Nayasaki, October 16, 1892.
Have all British cre^vs arrived from Vladivostock? Arc any left at Nagn .ki ?
How were the crews disposed of ?
From British Consul, Nayasaki, October 17, 1892.
Crews of "Maria" and "Carmolite" arrived from Vladivostock with three men.
" Annie Moore," five sent Hong Kong, three joined " Palos," and thirty-nine sent Canada
by " Kmpress."
To Coii..naitder-in-chief, Chefoo, October 17, 1892.
Have later news al)out the crews from Consul at Nagasaki ; captains and crews of two
schooners sent to Vladivostock by Admiral arrived at Nagasaki " Gcnkai Maru ;" captains
and thirty-seven crew expected here "Empress of Japan" Tuesday for Vancouver.
Kespectfully submit obtaining all the intelligence possible before sailing. Five men
sent Hong Kong, three joined " Palos." Am I to detain crews here? Apparently none
left at Vladivostock. Await telcgra|)iiic instructions. Have telegraphed substance
Admiralty. ' '
To Admiralty, London, October n,lSd2. """' '
Two remaining British schooners' crews arrived at Nagasaki from Vladivostock,
thirty-nine men shipped " Empress Japan " Vancouver, five mea sent Hong Koug, three
joined American man-of-war " Polos." ..„
To British Contul, Nagasaki, October 10, 1802.
Has Russinn Consul Imiulcd yon any pupiTs from llussian (jovcrnment nt VIndivostock
connection with captured crows 'f Reply ll^^(Mlt.
From British Consul, Nnijnsuki, Orioher 10, 1802.
RuBsian Consul was informed from Vladivostock of seizure of schooners, also send
crews here ; he is handitifr mc a piipcr to that cfl'cct.
To Uritl.sh Miiiinlvr, Tdkiil, October 1!), 1892.
Two captains and Ihi'l, •-seven crew of captured sealers arrived in " Kinpress ;"
am allowing tiieni to proceed Vancouver. Have telegraphed to Adniiral and Admiralty.
To Adm'ralty, London, October 10, 1802.
Remainder schooners' crews from VIndivostock arrived in "Empress of .Japan," leavin'f
immediately for Vancouver.
From Commundcr-in-chief, Pekintj, October 19, 1802.
Remain Yokohama ; use your discretion disposal of crews, asking Admiralty
instructions. — — ftto.'.
To Admiralty, London, October 10, 1802.
Obtained all intelligence possible sealing captains. Convinced unless seized after
departure of " I." ,nder," Petropavlovsk, 5th October, no Briti.sli detained Vladivostock.
t ,
IV M
To British Naval Officer, Esijulmnit, Oclooer 20, 1892.
Crews sealing-schooners aboard " Kmpress Ja])un " under orders to report arrivul to
you or Governor. Inform latter.
To British Admiral, Chefoo, October 20, 1802.
Sent crews Victoria. Reported Admiralty and Senior Officer Ksquimalt.!
Inclosure 7 in No. 42.
Memorandum of Information obtained from Mr. Qiiin about Seamen from two British
{Canadian) ISealinfj-srhooners seized by the liustians.
THE masters stated that they were taken, one, 12 miles from the nearest land, and
the other, fully 39 miles out at sea. One was s-^aling at the time with her sails down and
boats out. They seized the schooner and picked »ip the boats afterwards, the other was
simply seized under sail.
Each had over 600 seal-skins on board.
There were also among the men three men belonging to anothei Canadian schooner.
The men had been seized in a boat, but the schooner had got away.
SVhen they were taken they were allowed to retain their clothes only. Guns, ammu-
nition, sextants, articles, and registers of ships were taken possession of.
They were taken to Vladivostock, and cume from there to Nagasaki by the Japanese
steamer " Genkai Maru." There were close on fifty men !a all.
[504] M 2
84
Tlierc W3re two Japanese ainongst them, two A;nerlcans (United States), one
Australian, four or tive Englislimen, and the rest Cnnadians lioni the iicif^hbourhood ( t
Vancouver.
J. T.
Inclosure S in No. 42.
Actiny Consul Chalmirg to Captain Castiv,
i\\; Xa'jasaki, Ortobir 17,1^-2.
I HAVE tiic lionour to acl<uowledgo receipt oF the following tdc^'ratn at 9"3() I'.m.
last night : —
"Have all British erews arrived from Vladivcstock ? Are any left at Nagasaki:
How were the crews disposed oi"r ' Lcandcr.' "
To wl)icli I replied at 10 a.ji. to-day by telegram as follows ; —
"Crews of 'Maria' and 'Carniolite' arrived from Vladivostock with three men
'Annie Moore.' Five sent Hong Kong, three juineu ' I'ulos,' and thirty-nine sent Canadu
by * Kmpress.' Consul."
These crews were forwarded from \'ladivosto(k to Nagasaki by the Japanese mail
arriving here on the -1th instant, the Kussian Government paying their ex))en>e.«.
Itcsides the five British .subjects, other than Canadian, wliom 1 sent to Hong Koiin.
there were two Japanese seamen belonging to the "Carmolite" who never came on my
hands at all.
Uoth schooners were seized otf Copper Island, one by the " Vitia/," and the othrr by
a steamer owned by one of the furring Compuuics called the " Koteck " (r), which trans-
ferred the prisoners to the " Vitiiiz " on the way to Petropavloisk. 'lliey were then
conveyed to Vladivostock, whence their passages were taken to this port. Kxeept the
three who have joined the United States' ship " I'nlos," and the two Japanese, none aiv
left in Nagasaki.
I have, &c.
(Signed) A. M. CHALNH'.KS.
No. 43.
Sir R, Morier to tbf i\iirl of linsrbfry. — {lirreived December 21).)
My Lord, St. Pelrrshunjb, Decembn IG, 1892.
I HAVK the honour to transmit t" y( nr Lord-liij) hertwith a copy of a note whicli
I have this day addressed to .M. ChiiliUinc, liuwurding the ullidavits of the mastcis nl
the " Sayward *' and " Mai vin."
I have, &c.
(Signed) R. n. D. MOKIEH.
Inclosure in No. 13.
air R. Morier to M. Chichkine,
M. le Conseiller I'riv(?, St. Pvlvrdninjli, hrctmhrr t {\Ci), 181)2.
WITH reference to my noti I the 17th (EOth) ultimo, and to previous correspondence
on the suliject of the capture of t'anadian siialing-ships by Russian cruizers, J have the honour
to inclose herewith copies of the aflidavits of llu- masters of the schooners "Snyward" and
"Marvin," and to express to your Excellency (he hope that the casts of these vessels ma.\
receive the consideration of tbe Imperial (Jovernment in connection with the incidents ol
a oinnlar kind which I Iiave already lirought to your notice.
The deposition of the captain of the " Sayward " aj)pearR to ostablish the fact tiiat
that vchgel lay at a distance o» 'JU miles from "the ncnrcsi, |»o\nt of the Conunandorski
group, when three of licr boats, which were engaged in eeal-huuting, were captured,
with thtir crews, by a Russian steam-launch. I'resumably, the distance whicli divideil
85
:'!
the schooner from her Imats was not great, and it would therefore follow that the sealing,'
operations were conducted outsile Russian territorial waters.
The loss of one of her boatt by liic " Marvin " occurred on the hi{;h seas, in a dense
log; and the master sees sfrou'j reason to suspect, although he has no positive I, "lowiedge
ot tiie fact, thai his boat, like those of the " Sayward," became a prize to a Kiissi,.iu ship.
But the fate of this boat and of her crew continues to be the subject of grave aiixiit and
I should feel greatly obliged if your E.xcellency would afford me any inforniatioii ni (lie
matter which it may be in your power to give.
I avail, &c.
(Signed) H. B. D. AK>K i:H.
:'■%
No. 44.
Sir li. Moricr to the Earl of Rosehenj. — {Rprehcd December 26.)
My Lord, at. Petmbiirrj/i, J)eceml>er 21, IbOl'.
WITH reference to previous correspondence on llie sulijoct of the c.ipunv oi
Cmiadian sealers by Kussian crui/crs, 1 have the honour to transmit: to your Lonisliip
lu-icwitli copies of two notes which I have tins day addressed to the llussian (jovernnicnt
with respect to the cases of the " Maria," " Carniolite," and " C H. 'rupi)er."
1 have, &c.
(Signed) R. B. D. MORIER.
Inclosure 1 in No. 44.
Sir li. Moricr to .^/. Chichkinc.
M. le Conscider Pri\", ^V. I'elnmmjli, Pccembcr '.> (21), 1S!)2.
Wn II reference vo n>y note of the 2iid (14tli) instant, and to previous cornspoiidenco
on the subject of the capture of Canadian soaling-ships by Russian crui/crs, 1 have
till' honour to inclmij copies of the aHidavits jf the innstcrs of the " Mm-ia " i>n(i
"Carmolite."
Tiie two eases which I now lay before your rxcellency aie closely similar in
(harnctcr. In both instances tiie captures wcii' etfeeted in the neighbourhood of Copper
Island: the masters had been carei'ul, as their depositions show, to avoid trespassing
ttilliin the limits of Russian territorial waters ; the ships were sighted outside of tiiose
limits by Russian steamers, and eontiscated, together witli their bouts, guns, and seals, bv
the Imperial authorities. Vour Kxcelleney will observe that the distance of tin; " Maiia "
iVoin llic shore at the time ol licr raptnie was computed by the eoninianderof the •'K()ti'< "
in jieison.
I submit tiiese cases to your Kxceileiiey in tlij lull conlidence that they will receive
inwn the Imperial (.loverntnent the coiisidciatioi> which they call lor.
I avail, &e.
(Signed) B. B. 1). MOUiliK.
Inclosure 2 'n No. 44.
Sir R. Morier to M. Chiclikine.
M. lo Consciller Privd. Si. retersliunjli, Dorember '.) (21), 181)2.
Wrril reference to my note of this day's date, and to previous convspondenee
on the subject of the capture of Canadian scaling-8hi|is by Russian eruizeis, I iiavi
now tlie honour to bring before your Excellency the complaint wliieh has reached
llcr Majesty's Government of the boarding of the " C. H. Tupper " by an olhctr of the
" Zabiaka."
The deposition of the master of the schooner, of which I inclose ii copy, leaves
II'. room for uncertainty ns to the facts of the case. On the lOth August, 18'J_', the
"C. II. Tupper," Icing in latit'ido b'\ M uurtli, longitude 16ti 7' cast, and .VJ miles
5 - '
86
from the nearest Russian territory, liaving up till that time not approached within
00 miles of the Asiatic shore, was boarded by an officer of the Russian cruizcr
" Zabiuka," her log-bouk und papers overhauled, and licr master ordered to cease sealing
in tiioso waters.
For the present, I do no more than draw your Excellency's attention to tiic potent
illegality of such interference with a British vessel outside Russian territorial jurisdiction;
hut I .m instructed by Her Majesty's Government to add that they must reserve to them-
!-clves the right of presenting subsc(iuently to the Imperial Government the claim lor
conipc iisation which the owners of the vessel will undoubtedly advance.
I avail, &c.
(Signed) R. B. D. MORIER.
No. 45.
The Earl of .Rosebery to Sir A'. Morier.
Sir, Foreif/)) Office, December 27, 1892.
DURING a visit paid me to-day by the Russian Ambassador, I alluded to the question
of tlu' seizure of Canadian sealers by Russian vessels, pointing out that the Imperial
Government should by this time be pre| ared to give nic an answer on the subject.
Canadian opinion was naturally excited over the high-handed proceedings of Captain
(le Livron in the " Zabiaka," and as that officer had returned to Russia, 1 considered timt
it was not unreasonable on our part to expect a 8i)ccdy reply.
I am, &c.
(Signed) ROSEBERY.
No. 40.
Sir li. Morier to the Earl of Roseberi/, — {Received December 28.)
h'elegiaphic.) St. Pelersburgh, December 28, 1892.
I HAVE to-day asked M. Chichkine to push forward the matter of the Canadian
bcaling-ships.
lie states that the case was submitted to His Majesty yesterday, and he ordered that
it should be laid before a Special Coujuiission, which should pronounce upon the legal and
international (|uestions involved.
No. 47.
The Earl of lioseherij to Sir R, Morier.
Sir, Foreiijn Office, December 29, 1892.
I HAVE received your Excellency's despatch of tlie 21st instant respecting the
seizures of the Canadian sealing-vessels " Maria," " Carniolite," and " ('. II. Tup|)er" liv
Russian cruizcrs in Beliring Sea.
The notes which your Excellency hiis addressed to tiie Kus>iiin Minister respeetiru
these seizures are approved by Her Majesty's (.Government.
1 am, &e.
(Signed) ROSKBERY.
87
No. 48.
The Earl of Roseberij to Sir R. Morier.
Sir, Forei(jn Office, December 29, 1802.
I HAVE received your Excellency's despntch of the lOtli instiint relative to the
cnptme of the Canadian scEling-vessels "Sayward " and "Marvin" by Russian cruizers in
Behring Sea.
The note wbicli your Excellency has addressed to the Russian Minister on this
subject is a|)provc<l by Her Majesty's Government.
I am, &c.
(Signed) ROSEBERY.
No. -19.
Foreign Office (o Admiralty.
Sir, Voreiijn Office, December 30, 1892.
I AM directed by the Earl of Rosebery to acknowledge the receipt of your letter of
the 17tli instant, inclosing correspondence on the subject of the recent visit of Her
Majesty's ship " I.«andcr" to Petropavlovsk.
ilis Lordship would suggest that an approval of Captain Castle's proceedings should
be conveyed to that oHicer by the Lords Coininissioncrs of the Admiralty.
I am, &c.
(Signed) T. H. SANDERSON.
No. 50.
Sir R. Morier to the Earl of Jtosebery. — {Received January 9.)
My Lord, St. Pefersburnh, January 4, 1893.
I HAVE the honour to transmit to your Lordship herewith the inclosed translation
of an extract from the non-oflicial part of the "Official Messenger," giving details, taken
from a Vladivostock paper, of the captures of the Canadian scalers in the llehring Sea.
(Signed) * R. B. D. MORIER.
Inclosure in No. 50.
Extract from the " Official Gazette" (non-official part), St. Petersburgh, of
December 18 (30), 1892 (copied from the " Vladivostock").
(Translation.)
LAST August the cruizer "Zabiaka," while navigating the Sea of Okhotsk, captured
four piratical schooners, of which one was American, the remainder being E)nglish. Besides
the "Zal)iaka," the cruizer "Vityaz" and the merchant-steamer " Kotik " aUo
cnptured piratical schooners. The schooner taken by the " Kotik," whilst oii the way to
Vladivostock, herself captured a barcpic, which arrived in Vladivostock with her on the 7th
(lilth) Scpti Multer. Tlu.' (irst to arrive was the American schooner " C. H. White," on
tile ;<nth August (11th September), under the command of a Lieutenant and a midship-
:. an, with (il'tecn seamen, ten from the "Zabiaka" and five from the " Vitvaz." This
schooner ("C. H. White ") is two-masted, and is an excellent sailer; she tlid the journoy
Ironi iVlropavlovsk to Vladivostock in fourteen and a-half days, though she was three days
becalmed. The second of the schooncrf? captured by the "Zabiaka'' is called
" Willie M. Howan," (? " Willie McGowan"). On the 7th (lUth) September the "Van-
couver Belle," the third vessel captured by the " Zabiaka," arrived ; she did the distance
from Petropavlovsk to Vladivostock in twenty-two days. An English scliooner — the fourth
capture of the " Zabiaka "—named the "Arielle" ('r "Ariel") arrived on the lUth
(2:ind) September. The total number of Beal-skins found on the captured vessels was
1,(M)0. In addition, there were 600 skins on the two-masted schooner '• Carmolite,"
captured by the '* Vityaz."
iH:
SI
u
■A
•11
n
n
I
88
No. 51.
NiV i^ Morier to the Earl of liosehenj. — {Itereivcd January 9.)
M.v Lord, X/. Pclvrshnrijh, Januari/ 0, 1H93.
WITH lefoiono*.' to my divspiitch of llic 21st ultimo, iiml to provioiis rorio-
siMinilcnce, I linvo tlie lionoiir to transmit to your liordsliip iierrwitli a copy ot a note
I liMvojiisl rociMvod Iroin tlio Hussian (Jovornnumt in roply to njy notos of tlio 17lli
(2!)tli)'NoveniI)or liist ami the Itli (Kitli) ami '.>tli (21st) ultimo, with regard to the
ciptdro of Tanadian soalcrs l»y Hussian cruizers.
I have, &c.
(Signed) K. n. 1). MOIMKU.
Inclosurc in No. .'il.
Af. Chichkine to Sir II. Morier.
Ministerr drs Affaires Etrnngeres,
Saint- I'e'tersliouri/, le 21 Peremhre, 1M92
M. lAmbassadeur, (r» Ja'nrlrr, 189-'»).
A LA suite dcs notes de votrc Kxcellenee en date du 17 (29) Novcmhre dernier ot
4 et 9 PiVemhre courant, relative h la ea]»tHre jiar nos oroiscurs do plusicurs w^iooners
Tanndiens pivs des lies du Commandeur pour la ehasse aux otaries, je n'ai pas i.vinqui'^
de m'adresser aux autorites eompctentes pour ohtcnir des informations d(J!>"lIc'cH a
ee SHJet.
Des que ees informations seront parvenucs au Ministi^re Imju'rial, il s'empreHsera
de vous faire tenir sa reponse, ee <pii ne saurait, toutefois, avoir lieu i\ href deiai, etanl
donne le temps neeessaire pour que les renseignements en question arrivcnt a Saint-
I'etershourg.
I'n portant ee qui precede i\ la connaifisancc de votre Kxeellenec, je .saisis, &e.
(Signc) ClllCHKINK.
(Translation.)
Ministry for Foreign AfTairs, St, Pelershttrgli,
M. rAmhassadeur, " Drrrmher 24, 1892 (January .O, 1S93).
ON receipt of your Kxeelleuey's notes of the 17lh (29th) November last and the
1th and 9th I )eceinlier, relative to the seizure of several Canadian schooners l>y our
erui/.ers near the Commander Islands for lii'iiii,' engaijed in sealinu:, I did not fail to
address myself to the proper authorities to obtain detailed iiirornjation on the siibjeet.
As soon as this inf()rin.atiou reaches the Imju-rial Ministry, an answer will he
dcdivered to you without delay, but this cannot be done very soon, iu view of the time
which must elapse before the particulars iu question can arriv;' at St I'ctershurgh.
lu liri;::.'ini; the above to vour llsci'llenev's knowlccige, I avail, &c.
(Signed) cmcilKlNi:.
No. 62.
Colonial Office to Foreign Office. — {Received January 24.)
Sir, Downing Street, January 21, ISO.'J.
"WITH rcferonce to jn-evious correspondence respecting the seizure of lb-it isli
sealing-vcssels by Hussian cruizers in the North Taoillc, I nm directed by the Marquis
of IJipou to tninsmit to you, to be laid befon? the Jiarl of Kosebery, copies of two
despatches from the (lOvernor-Cicneral of Canada, forwarding Minutes of Council,
witli affidavits, respecting the seizure of the " Carmolito," "Maria," and " Vancouver
Belle," with further afTulavits as to the seizure of the " Hosic Olsen," and allidavits as
to the interference with the " Walter P. Hall."
The eireunistanecs of those seizures are generally similr.r to those which bavti
already been brought liefore the Russian Oovcniment. The vessels Avere all at the
time of capture far outside tlie limits of Hussian territorial waters, and none of tlieui
89
hftd (luriniDf nny part of their cruize been within those wators; and it will he ohsorred
that, according to the st^itomonts of Captain dc Fiifvcron to tlui masters of the "Vancouver
UcHc" and the "Walter 1*. Mall," Russia Halms jurisdiction over the whole of the
North I'aeifie M'ost of the line of d(!in irration in the 'i'rcaty of 1H07, and north of a
line drawn frojn ',\ miles sttutli of tlie southernmost point of the Aleutian Islands
to Cai)e Chalutka, which appears to he on the coast f)f Kamschatka hetween I'etro-
paulovski and Cape IiO])atka, and further claims jurisdiction (,ver tli(i Sea of Okhotsk.
The extent of maritimi! jurisdiction thus apparently claimed hy llussia would
entirely exclude liritisli vessels fnnn any shan* in the sealinj^ industry on the westorn
side of the i'aeifie, and the claim is entindy at variance with the declarations of the
Russian Foreign OITice in 1^42 and 1817, (plot ed in'I'ikmeniefPs "Historical lloviewof
tli(! Formation of the Russian-American Cr)mpany," pp. 130-139, and with the
statement in M. de Westmann's note of tiie 31st July, IHOH, to Mr. Clay, published at
]). 'i/iS of the papers accompanyini; the AIessai,'e from tlie President of the United States
to the Senate of the 12tb February, 1889 (lix. Doc. No. TOO, /iOth Congress, 2nd Session).
It will he seen from tlu^ accompaTiyitig tehjgraphic^ correspondence that the
(lovemor-deneral has forwarded the l'rotocf)l dniwn up by the Captain «)f the
"Zabiaka" in connection with tlu^ condemnation of the " Vancoiiver Helle," and that
the chart on which that odlcer marked the extent of the jurisdiction claimed by
Russia is also to be sent.
These documents will be communicati'd to tiu* I''oreign 0(li(!n as soon as they are
received, but, in the meantime, lx)rd Kosebcry will pr(d);ibly think it desirable to bring
these eases at once to the notice of the Russian (iDVermnc^nt. It will be observed that
the alTwlavit of the master of the " Vanc»niver Hellc" confirms tlu! statement already
brought to the notice of the Russian (iovernment as to tlu; si^ixurc of the bouts of the
" \y. ]'. Say ward."
I am, &c.
(Signed) EDWARD WINGFIELD.
. J-
Inclosuro 1 in No. 52.
Lord Htanley of Preitton to the Marquis of Ttlpon.
My Lord, Government House, Ollnwa, Deremher 30, 1892.
I HAVE the honour to transmit to your liordsbipa copy of an approved Report of
a Committee of the Privy Comu-il, submitting formal (h'clanitions and claims to
compensation on behalf of the owners of tlu' Rrilish sealing-vessels seized or interfered
with by liussian authorities in the North Pju;ilic Ocean for loss and damages ituMU-red
hy reasim of such interference with their sealing voyage.
1 have, &c.
(Signed) STANLEY OF PRESTON.
..*.
Inclosnrc 2 in No. 52.
Report of a Committee of the Honournble the Privy Council, approved by his Excellency
the (iovemor-frenrral in Connril on the Wth December, 1892.
ON a Report, dated tht? 13th December, 1892, from the Minister of Marino and
Fisheries, submitting the following formal declarations and claims to compensation on
behalf of the owners of the Rritish sealing-vessels seized or interfered with by Russian
authorities in the North Pacific Ocean, for loss ami damages incurred by reason of such
interference with their sealing voyage : —
1. Sworn statement of Captain William Hughes, of the British schooner
"Carmolite," of Liverpool, Nova Scotia, No. 12322, 99 tons, seized by the Russian
cruizer " Vitiez " about 25 miles cast of the south end of Copper Island.
2. Solemn declaration of Hedloy Hughes, mate of the British schooner
" Carmolite."
3. Solemn declaration of Joseph Morell and George Wells, corroborating Hedley
Ilughes* statements as true in every particular.
4. Solemn declaration of Sprott Balcam, master of the British schooner " Maria,"
of Maitland, Nova Scotia, 95 tons, cleared at Victoria, British Columbia, on the 27th
[604] 1S(
5)0
April, 1802, ;>ii n sonlins voyatcc to tlii> Xorth I'aoilic, seized oil the 21st August, 18!)2,
by the llussian steamer " Kolik."
5. Solemn (leelaratioii of NViiliam Dexter, mate nl" the seliooiier " AVaria."
«!. Solemn (leelaratimi of ilielianl Waldo Cardiir, seaman on hoard the '• .\[ana."
7. S<demii deidaralioii id' I'iehard Kromm, conk ol" the s(dioniier " Maria."
b. Supplementary deelaiat ion ol' .Michael Keefe, master of the Uritisli sehooner
" Rosie Olsen," of \ ietoria, llritish Coliimhia, seized i)y the Uussiun steamer " Kotik "
ou the 2(5! h Jnly, 1W)2.
'.». Solonni *de(daration of.l. M. Mrown, master of tlic Uritish schooner "Waller I*.
Hall," of Maitlaiid, Nova Si-otia, No. '.)(){\M ('.»s!)I tons), cleared from Victoria.
British Columhia, on the l.'Uli May, 1M)J, for sealint,' in North I'aciiu' Ocean, ordered
oil: 2.') miles sontli-vcst of lU'lnini!; fsiand hv Commander of Hnssian nian-of-war
"Zahiakii," under threat ofseizore.
10. Siip|ileinei'*ary declaiatioH of .lolin MeLeod, master of the Hritish schooner
" Ariel," (d" \ieto.i. Jhitisji Cohnn'ii.i. .No. S'^CiIl', seized hy the Itiissian Hteam-ship
'* Zahi.ik.i," latitiid ."> !• !(>' north, loniritnde 1(57" lo east, 10 or ."><> miles olF south-ciisl
end of Copper Island.
11. Snpidemenl.ny declaration of .lames Campliell Stratford, male of the
schooner " Ariel."
J2. Solenm deel.iration of .Kihn Larkin, sealer on sehooner ''Ariel."
l.'l. rormnlated statement of (daim liy the owners of the schooner " Carmolite,"
asfijreuralini,' 2S,(»|'.) dollars.
It. I'ornuilated statement of (daim hy the owners of the schooner "Willie
McCiowan,'' aifirrei^atinj; 1.M.0M dol. .'» e.
15. rormuiiiled slatiinent of * laim hy the owners cd" the schooner " Maria,"
ajrifreiiatintj 29, l.")0 doiljirs.
1(1. Fornudated statement of (daim hy tlie owners of the schooner "Ariel,"
aggreijatinj; ;?2.(US (h)llars.
17. Notice of Imperial Knssian (l.ivernment :
The Minister slates lli.it it will he (dtserved from the de(daration of I ledley Hughes
that the ' C.arnitilite "' had hi'en crnizini,' and liimtini,' se.iis for live weeks out of sii,dil
of land, ;ind thai when at a distance of ."lO or 00 miles the m.isti'r, thinking the
tdiroiutnn-ter was ont, the vested stood in toward land for the ]»nrpose of getting n
C'niss-I)caring, and passed Copper Island hearing west-north-west ahout 12 miles
distant.
Ahout 2 o'ldock the tlirei- spar> (d" a vessid were sighted low down on thn horizon,
and the "Carniolite" stood away to the eastward with ahout a (5-knot hreeze. There-
upon the vc.ss(d headed for the stdiooner under sail and sleam, followed her for ahout
one hour and a-half, and when within a (piarler of a mile hrought her to hy a gun.
She ])roved to he the liUsxian cruizer " \ ilicz."
The " Cnrmtdite " was .seized. The itussian n;n igator examined the (du'onometer
of the "Carmolite," and found tli.it it was out, and that the schooner should have heen
20 miles further to the easlw.ard.
That ;it no lime was the scdiooner nearer land than 20 miles, nor wore any seals
taken nearer than that distance.
That when passim; Copper Island the day the sl(>amer was sighted no hofits were
out, and no attempt had heen made to cat(di seals.
The uiusler and cnnv were taken to I'elropaulovski and there put on shore*, and
woro nll')wed 7 cents per day eaeii, hut were ndieveil hy (dmritahle natives givin^r
tiitixn liHh.
They, with other distressed crews, were taken to \ Imlivostock by tho " Yitiez,"
allowed 2.') cents per day for suhsisience for ahout seven days, when they were
taken to Xagas:iki, Japan, handed over lo the Hritish Vice-Consul, and sent to
Victoria hy tlu' Uritish sieamer " Kmpress of .Tapan."
I'rom the declarations it would appear that the sehooner ".Maria," just prior to
her seizure, had heen cnv(do|»ed in a dense foi,' for forty-eight hours, .so dense that the
master was unable to ohtiiin any reckoning, and it was impossible to ascertain the
position of tlu; schooiu'r. and that the currents there run so strongly that tho vessels
are thrown otit of reckonir.i.'.
When the fog lifl(Hl the master thought he was about 11 or 12 miles from the
nearest land.
The Russian steamer " Kotik " approached tho schooner fmm tho shoro, and it
took her two hours to get alongside. 'J In- "Maria" was lying becalmed with all her
sails down, and no attempt was n)ad(> lo make sail.
!)1
Vitioz,"
The soco'ul olllcni' of tlio strainer "Kotik" iiiformod one of tlio doclaranfa that
(lie " .Maria" was ahoiit 11 inih-s from shore wlicii seized.
Ill his deelaration, lliehard Kromni, eook of the " .Maria," states that lie liad
lieard from tlie IHiited States' seliooiiers " .Vdams " and "Mohieau" tliat tiic llussinns
would not interfere with any vessel iiidess within !> miles of the sliore ; and upon his
axkini,' tlie second oflieer of the " Kotik"' how lar iVom land the " Maria" was, he was
(old ahoiit 11 inih?s, hut that did not make any dillereiiee, as she would have heen
taken if 111 miles, as IJiissia claimed jiirisdietion over the eoast within 200 miles.
The master of the " .Maria" was informed hy the (i()\ernor of the ('<mimander Islands
(who Avas cm hoard the "Kotik"), upon his protiNl that he was outside I'ussian
jurisdiction, that he was in Ihissian waters direetly he crossed the line of demareaticm
hct ween America and Kussia, and tliat the Kussian ..aters extended to the jiarallel of
Cape lie|»atka.
The master of the " .Mariti " rel'uM d to siun a paper to the ellect that he, with his
vessel, had heen takiiii^ seals in itu'^sian waters.
The crew of the seized vessel eventually reached home vii\ steam-siiip "Empress
of ,Ta|)aii."
The supph'inentary deelaration of Michael Keefe, of the schooner " llosie Olsen,"
ex|)laiiis that for some four hours hefore siiifhtiny; the steamer " Kotik * the schooner
had heen and was hecalmed, and that the sti'amcr was seen Iwohoui'sat least hcforc
-^ouiinu: alonu;side the schooner. No attiinpt was made to escape.
It also states that tlie deeiannit iu l^Ol (wliiNi master of the schooner
" Meatrice "), when he was ready to leave the locality, went on shore at Hehrint;
island to ohtaip Avater and wood for tin* home voyai;<'. Tlw native and Uussian
(illicials assisted hiiu to ifel water, i^c, and told liim that there was no hindrance to his
takiiiLj seals outside of the coast lioiiudary-line.
It would appear that in the case of tic '' Walter I'. Mali," whiU; the vcs.sel was
2'» miles south-west of IJehriui; Island, she was hailed, and her master ordered hy
Captain de Ij«!veroii, of the llussiiin man-of-war" Zahiaka," to take his papers on hoard
that vessel, which orch'r was oheyed.
After an examinatiou of the papers, the chart was demanded on which was
shown the daily positions of the schooner while in the waters east of the line of
(leuiareation.
The l.'ommander of the Russian stenmer was apparently satislied, and as the
si'houner was at the time of iiiterniption :it least '2't miles from the nearest land, he
ordered her master to deparl out of Kiissiiii waters lorthwith.
The master of the " Walter I'. Hall ' demanded to he informed as to the limits of
asserted Russian waters, when Captain de Leveron drew on the schooner's chart a lino
t'roui Cajie Chaliilka, on the coast of Kainseliatka, to the most southerly point of the
.Vleiitian Islands.
He also made the followini; entry in the ollieial loir of the " Walter I*. Ifall " : —
"AtiijuKt 17, 1892.
" liritish (icli(M)ner ' Walter 1*. Hall ' was Avithin ilussian waters for sealinij.
"The captain of the s«diooner '.I, 15. Brown ' rt'ccivcd warning; not to cross Itussian
Avaters any more, and has sii;ncd tin; notice of Russian Uovernment.
(Si;^ncd) " R. Di; Lkvkkon, Captain of His Imperial Majesty's
lieienuc-crmzer ' Zabiaka,'"
The ca])tain of the schooner states that, lindiiii!: it was useless to refuse under
threat of seizure, he siifncd the document, hy command of Captain de Leveron, to
relieve his vessel and crew fn»m such peril.
The Minister desires to direct the attention of your Excellency to the stateiuciit
of .lohn l,aikiu, s(>aler on hoard the schooner "Ariel," that the crew of (he Russian
iruizer " Zahiaka " stole the uuderclotliini.' from tin- momhers of the crew of the
" .Vriel."
Also to the deelaration of .1. C. Stratford, mate of the •'■ Ariel," which states tha*
the declarant s;iw a Lieutenant in (he Russian service haul down the British ilai; ami
trainph' on it, and that the declarant took the llai,' from under his feet.
The .Minister ohserves thai these t'.Hidavits lhroui;lioiit hear witness to the iHJaceful
attitude of the crews of the seized vessids, Ww ahsence of any insultin<; c^mduot
towards Russian <dricers, and the fact that no arms were used to restore order ou any
occasion.
The Committee, on the rocommeudatiuu of the Minister of Marine and Fisheries,
advise that your Excellency he moved to fonrard a copy of this Minute, together with
[504] N a
ill
I ■■■■'*- y . ■
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92
its Appendices, to the Riglit llonoiimblo the Pnncipal Secretary of State for tlio
Colonies, with the request that tlie claims, advanced on behalf of the owners of tlui
vessels named, to compensation for loss and damaf^os, be considcrcd with a view to
forwardinj? thorn to the Russian (Jovcrnnicnt for «'arly settlement.
All of which is respectfully submitted for your Excellcncv's approval.
(Signed) .lOUN J. McGEE,
Clerk of the Privy Council,
Inclosure 8 in No. 52.
Statement liy Captain IIiKjiien, of Sealer " Carmolite."
"CAllMOLITE," registered at Liverpool, Nova Scotia, olHeial N(». 02322, J)9«ous,
crew 23, all told — l(t Canadians, 5 English, and 2 .lapaneso. Cleared at Vietoriii
Custom-house for l*acilic Ocean on the 1st February. Fourteen guns and ammunition.
Started sealing at Cape Hlanco about the 5th Eebruary, and right over to Copper
Island. Sent 879 seals to Victoria by schooner called " Liblwy " (Canadian), fn)ni
Kodiac Island, on Alaskan coast ; thence pr«x!eeded to Cojjper Islands. Arrived about
the 10th July, and continued scaling 00 miles to north and 60 to 120 miles to soutli,
till on 28th August seized by Uiissian corvette " Vitiez," about 25 miles east of soutli
end of Copper Island, as computed by itussian Captain. Previous to being seize<l
were about 12 miles east of south end when fust sighted, and then were chased and
captured.
Russian olTieer asked reasons lor being so close to Copper Islands, and Captain
Hughes stated that he sighted islands to correct chronometer, which was examined
by navigator of Russian ship, whi) iiimsclf stated that it was incorrect.
Examined papers, and s(>nt Captain on board man-of-war with jjapers. Russian
Admiral on board "Vitiez "at time, and himseU' ordered seizure. Hiul 608 seals on
board when seized, which had been killed chiefly from 60 to 120 miles to north and soutli
of Copper and Behring Islands, never nearer to laud than 20 miles actually scaling until
time sighted by " ^'itiez."
Self and crew with all personal elfects sent on board "Vitiez," except charts,
sextants, and chronometer, which they claimed belonged to ship ; then "Prize" cnnv
placed o!i board "Carmolite," whicli followed "Vitiez" to I'etropaulovski, where
"Vitiez" arrived on the UOth August, and there were put on shore and were allowed
7 J cents per day per head to exist on. Then, the 5th Septemlwr, embarked in "Vitiez,"
and were taken to Vladivostock, where arrived about 21st September, calling at inter-
mediate ports in Saghalien. At Vladi' ostock sent on shore and allowed 23 cents jjcr
day pcr-head to live on. Remained about a week. No guard placed on self or crew
whilst either on bo.\nl maii-ol'-war or on sliore till the 28th September, then placed on
board "Tokio Marin." I'assaye arraiiLccd by Russian Government; taken to Fusau
Island, when; put on board " Genkai Marin " and taken to Naga.saki, where Ilussiau
Government handed over to British Consul by Russian Consul; there placed on board
" Empress of Ja])an " for Victoria. At t imc of leaving Petropaulovski and Vladivostock
none of my crew or any British subjects were left at either port. No one belonging
to " Carmolite " Avas in debt to anybody whatever.
The above is a correct ste "ment.
(Signed) W. O. HUGHES,
Late Master, Sealing-schooncr " Carmolite."
1892.
Sworn to before me at Victoria, British Columbia, this 30th day of October,
(Signed) A. R. Mu.sk,
Collector of Customs.
Declaration of H, Hughes.
Port of Victoria, British Columbia.
Hedloy Hughes, of Victoria, British Columbia, and late mate of the British
schooner "Carmolite," of LiTcrpool, Nova Scotiii, iHsrsonally apiMiarcd, and doth
solemnly declare and state as follows :—
Tlint lin was ont^aiyod to servo on tlio said schooner "CnrmoliJc" in the capacity
of male for the scaling season 1892, at Victoria, British ('ohimhia.
That hi! was on hoard the said schooner "Carinolitc" from tlie 1st day of
IVIiniary hist, and was witli the said sciiooner du'Inj? tlic season, Imntin^ aloni; tiio
Nortli I'aeilic Ocean, and until tlie said scliooncr readied that j)art of tlie North
I'acilie Ocean west of tlie line of demarcation as laid down in the Order in Council
Behring Sea Act, is«)l.
That the declarant states that the said schooner " Carmolitc" continued to cruize
and hunt for seals out ol" sight of land, and for five weeks liad not sighted any land
wlialover, sometimes crui/ing to the northward and sometimes to the southward of tlu!
Conimandorski Islands, and that the said schooner was sealing at the distance of
u(l nr ()<• miles the nearest from land, and thinking that the vessel's chronometer was
iiiit wanted to ascertain the fact ; stood in towards the land, and passed Copjier Island
l)('!iriiig wesl-north-west, ahout 12 miles distant. This was done to enahle the vessel
to i;et a cross hearing, to correct her clironometer hefore bearing away to the
SDuthward.
That ahout 2 o'clock p.m. sighted the three spars of a vessel low down on the
iioiizon, and, when seen, the schooner "Carmolitc" stood aAvay to the eastward with
about a (J-knot breeze.
That when the strange vessel was seen, the declarant could not see her hull, only
luT spars.
'ihat as soon as the schooner stood eastward, the vessel which proved to he a
<,tcaiii-ship was observed heading towards the schooner nnder sail and steam.
That the steam-ship followed tlie said .schooner " Carmolitc " for about an hour
and a-half, and when within a quarter of a-mile olf the said schooner the steamer fired
a 1,'iin to heave-to.
Tliat the said schooner " Carmolitc" was hove-to on the starboard tack, and the
schooner's fiag was run up, and the steam-ship lowerwl a boat, Avhicli came alongside
till- said schooner, which proved to lie an armed boat's crew from the llussian cruizer
" Vitiez."
That the Russian ofiicer came on board the said schooner, and asked for the
master, and went down into the cabin.
That the declarant was informed by the master that he was ordered on board the
Russian cruizer "Vitiez," and tiiat the vessel was seized.
That the master went on board the Russian cruizer •' Vitiez " in his own boat,
and when he was on board that vessel the Russian officer ordered the crew to get their
personal etVeets ready, to go on board the Russian cruizer " Vitiez."
That the llussian ofiicer hauled the IJritish flag down, and run up the Russian
Hag.
That the Russian cruizer t()t)k the crew of the sjiid schooner "Carmolitc" on
board.
That the declarant was jircNont oiv board the said schooner when the Russian
navigator frtmi the cruizer " Vitiiv." examined the chronometer of the said schooner
■ Carmolitc " and found that the chronometer was out, and that the schooner would
have been 2.'l miles further to the eastward.
That the llussian navigator tested the chronometer of the said schooner
"Carmolitc" by his own instrument, and stated that the schooner's chronometer was
wrong and out, which was in the schooner's favour.
'That the declarant says that at no time was the said schooner nearer than
20 miles, and at no time were any seals taken nearer land than that distance.
That in passing Copper Island, and when the Russian cruizer was sighted on the
day of seizure, no attempt was made to take or hunt any seals, and no boats were out,
the schooner then standing to the southward under full sail.
T'liat the master and crew were taken to Petropaulovski on the Russian cruizer
"Vitiez" and there put on shoi-e, and into an old gaol, and were allowed 7 cents per
(lav to tne men, which was ne.vt to starvation, and were relieved bv charitable natives
giving them fish.
that the crew of the said schooner with the other distressed crews were taken to
Vkdivostock on the cruizer " Vitiez."
That the crew was allowed by tho Russian ofiicials 25 cents per day for
subsistence, tho crews being there about seven days, and herded together amongst
Chinamen in an old dilapidated building.
That tlio crews wuro token from Vkdivostock ou Japanese steamers to Nagasaki,
■ 'i't
04
Ja|i!iM, and linndod ovor to llii> llritisli Vico-C'onsul, nnd wei*o sent to Vietorin, Uritisli
Culumbin, l)y the Hritisli stonin-)ilii|) " Kmprcss of .Inpnn.''
(Si!,'n.d) ilKDLEV HUGH lis.
1802.
Declared to before meat Victoria, Hritisli Culiimhia, thin 7tli day of NuvcmlK-r,
(Sigucd) A. II. MiLNK,
Collector of Vuntnms.
Dednrution of J. Muivll and G. tVeUs.
Port of Victoria, British Columhia.
"We, the IJndersii^ned, heini; meinhers of the crew of llie Hritisli seliooucr
" Carmolite," of l,iver|»ool, \ova Scotia, on the sealiui; voyaije durini; the prcMiit
season, nnd Avere on Imard the said schooner " Carmolite" at the lime of seizure hy tlic
Russian enn'zer •' Vitiez," haviiiir heard the solemn declaration carefully read over of
Uedley llufj;hes. who wasmateof the said schooner during,' that time, hereliy eorrohoralc
his declaration, nnd that we also solemnly declare that his statement is true in ex rv
pnrticulnr.
(Signed/ .TOSKIMI MOHKMi.
GEOIUJE WIMiliS, his X mark.
1802.
Ucclared to before me at Victoria, Mriti.sh Columbia, this "tli day of November,
(Signed) A. R. Milnk,
Collector of Customs.
Declnralion of S. liitlcnm.
Port of Vietorin, Rritish Columbia.
Sprott Ralcan, of Halifax, Nova Scotia, and jnaster of the Jlritish schooner
" Maria," reajistered at the port of Maitland, Nova Scotia, personally appeared, and
doth declare and state as follows: —
That the said Jhitish schooner " Afaria" in a vessid of !).j tims reirister, and with a
crew of twe,ity-(ive men. composed of Kni;lishmen and Canadians, was regularly
cleared at the Custom-house, Victoria, British Columbia, and sailed awny on llic
27th day of April last on a sealing voyage for the North I'acilic Ocean, and having on
board ballast and stores, salt, and sealing outlit.
That he commenced sealing off Cape Flattery on the Ist May last, nnd continued
operations up along the const of Vancouver Ishind and the Alaskan coast to (lie
Aleutian Islands, and then saih'd away to enter to the westward of the line of
demarcation, as set down in the modus vlvendi under "The Behring Sea Act, 1801.*'
That after voyaging to and fro hunting for seals, and on the 21st day of August
last, while the declarant calculated that the schooner "Maria" was about IH miles
eastward of Copper Island, Commandorski group, the nearest land, the schooner bein;,'
then for the past three days enveloped in a denst^ fog.
That about 1 o'clock on the said 21st day of August last, tho fog having cleared
up somewhat, the declarant saw the land, and found that the current bad been selling
the vessel to the west-north-west ; the declarant likewise found that the currents run
strongly in those watci's, and throws the vessel out of reckoning.
That the declarant found when the fog lifled the scluMmer " Maria " was, as niiir
as he could judge, about 11 or 12 miles fron> the neart;st land.
That the boats were out hunting during the fog. and about one hour and n-hall
after the fog lifted saw a steamer approaching from the laiul; at this time llie
KChooner "Maria" was laying in a dead calm, with no sails set at nil, they being all
furh'd up siuig, nnd had been so furled for four ho\irs previous to the steamer " KotiK, '
a Russian vessel behmging to the Russian I'ur Company, coming alongside the said
schooner " Maria."
That the declarant deularcs that ho did not attempt to make sail or run awuy on
tlic npproacli of tlic said Russian Htonmor " Kotik," us flio vohmcI wns in a (Iciul onlra,
niul any atlc npt to ^iil away was entirely uscIcsm.
Tliiit llii (ii(Vt>rni>i- of ('(iiiunaiiilt)i-sl\i IsliiiuU was on IxmnI tho Russian stramer
"Kiilik" 111 liir tinif ol" coniini,' alt)n;,'siil(' of liic scliooncr "Maria," and hailed
tlic ilcclarant to liriiiir liis siiip's pa|H'rs oii hoard tlu' Uussiaii stiNimur " Kolil*"
Tiiat al'tt'r rxaininatiou hy liic (iovfrrior ol' Coinniaiidorski IslaiulH (u° tho papers
(if till' sail) schoonrr " Maria," inrorinrd tin- drclarant tliat ii<> was iv prisoner, and
Mould not Ih> pi-rniittcd ti> rrtiuii In tiic scIhidiu'i- " Maria," on tlir alle^od grouudl
thai III- h: '> I)i>imi taking' seals in Itussiaii wati-rs.
Till' di" larant stated that he liad heen iiuntin^; outside three h!aguofl of tlic noant,
mill tlierel'i ,-e thought that lie was on the iiigh seas and heyond Russian jurisdiction.
That the (iovernor of the Coiiiniaiuhn-Kki Islands replied to the deelarant *hnt ho
«as ill i{iis«;ian waters directly lie erosM'd the houndary-lino of deinarcution hetwecn
Aiiiiriean and U\issi«n wati'rs.
That the lliissian (iovernor of the Conmiaiidorski Islands directly informed tho
(li'clarant that llussian waters extended to the parallel of Cai)e Lopatka.
That an odii -r and ten men of the llussinn steanirr " Kotik " were put on board
tiie M iKioiier " Maria."
That all the erew of the said llritish schooner '• ^[aria " wore ordered on hoard tho
liiissiaii steamer " Kotik," and were permitted to take thoir clothing and personal
cll'i'its with the exception of slop-chests. charts, and instruments, and were taken on
the lliissian steamer " Kotik' to I'etropaulovski.
That the Russian (Iovernor of the Commandorski Islands, when tho crew were
bring transi'erred fnmi tho said schooner " Maria " to tho Russian steamer "Kotik,"
the (iovernor of the Commandorski ishuuls drew up a writing setting forth that the
declarant with the Rritish schooner " Jilaria " had heen taking seals in Russian watirs,
which the declarant positively refused to sign the written (louument, on tho grounds
stated to the Cjovernor of tho Commandorski Islands, that the dccluraut bad not taken
iiay •<cals in Russian waters.
flio Russian trading steamer "Kotik," with the erew of tho said schooner "Maria"
as prisoners, arrived at i'etropaulovski on tho 2'.)th August last.
That at I'etropaulovski the crew of the said Rritish schooner "Maria" were given
iui old shed, hut it was so old and uncomfortahle that many left it and sold their
clothes to pay lor their lodgings, for they had no money, and what provisions thoy had
came from tho seized schooner "Maria."
The erews were taken to Vladivostock on the Russian cruizcr " Vitiez," and from
Vla(livost(K:k to Nagasaki, Japan, on a Japanese st«'amer, thence to Victoria by the
stcaiii-sliip " Kmpress of Ja))an."
That ^Ir. Linduist and Mr. Malanvonsky, foreign resident merchants, behaved
very kindly to the distressed ennvs, which would have otherwise sulTcred great hardship
hail it not heen for many kind nets of those persons.
That the crews were not nuarrelsome at all, and no insults were offered to the
Russian oHicers, and no arms were used at any time, nor was it necessary to use such.
That the crews of the seized schooners arrived hack at Victoria, Britisli Columbia,
(111 the evening of Sunday, the IlOth day of October last.
(Signed) SPROTT BALCAM.
i
' ."- f »'.3
'■* .r 1
.■'h
18!)2.
Declai-ed to before me at Victoria, British Columbia, this 6th day of November,
(Signed) A. R. Milkk,
Collector of Customs.
Declaration of W. Dexter.
I'ort of Victoria, British Columbia.
William Dexter, of Marble Head, in the .State of Massachusetts, United States
III' America, and during the present season, 181)2, was mate of tho British schooner
" Maria," personally appeared, and doth declare and state as follows :—
That on the L'lst day of August, 1802, remembered all the circumstances
connected with the seizure of tho scluxmer " Maria."
That the morning was extremely foggy, and when the fog lifted found the vessel
i
!i
41
WM ftliout 10 to 12 mllcd from tho ncnimt Innd. Tlio tldp.currrnt vtM Rotting ^trontjlr
in «lii)r»' fmvnrdH the Iiiik],
'I'liiit ill the .•irirrinMMi, iihoul H P.M., wliili* tin* vomcI wnn Inyiiit; in n drnil cmIim,
wifli lirr Hiiils rnrliMl, wliicli liail liccri i-nnfiimiiiiHls fnrlnl for Mh' prcvions finir Inmr'.,
ant! till* vcssi'l \\i\H Ni'(liiif» in lnwnrds tin- liiml willi llic lidfciirnMit.
'\'\\![{ on sccini; lln> IJiissian l''ur ('(imiihimj's strmnrr " Knfik " a|p|iri)iicliiiiLj im
nttoinpt wlintfviT was inadr to rscapc ur niii a\v;i_v, if li<-iiii,' iiltorlv iiscjiss In allriii|ii
io Hail away fnnn Hie a|i|Mi>arliiiii; sd'anwr, lIuTr licini,' iu> wiuil.aiid llic saiil ^t'\ nr
"Maria" lay alnioMl niiitiunli'HN.
'rimt afliT the itri/.t' <Ti)\v \\i\'* pnt on Imard Uic Nriid Urilish scIioomit " Mmiti"
no nU<MU]it was inadi' fur tlii't'c lioiirs alter her ripliirc to niaki* Knil on tlic srlinniiir
l)y tlio Riii^sian pi'i/i< ci-imv, owiiii; to tlir lack of wind and I lie dead cahn jirrvailinL'.
That tlic stcanin- "Kotik" is a Hiissian Iradini^-vcssi'l. and cxliihilcil m,
nuthoritv for soizini; tlii* said scliooncr " Maria."
(Sij;n.«d) WliiUAM DKXTKIJ.
DcclanMl tohcfortMiioat Victi»ria, Urilish t'ojiiinhiajhis .'{rd dav<d' N'ovfinlnr. ]^'M.
(Sij,'ii«d) A. II MiLNK.
Collector of Ciisliuns.
nrrlnriiHoti of tt. IK. Cinllfr.
I'ort of Victoria, Hritish Colnmbin.
Ifichard AValdo CardilV, of Victoria, Mritish Cohinibia, and (lnrini» last, scalin!;
season was a seaman on hoard the British schooner " Maria," of Maitland, Nov.i
Scotia, personally appeared, and (h)th de<'lare ami stale as I'oIIown: —
That the British schooner "Maria," of Maitland, Nova Scotia, liad a crew of
twpnty-tive men, and saih^l nway, on the 27tli day of April last, on a sealiiif; voyai,'('
to the North Pacific Ocean.
That the schooner "Maria" commenced sealina; on the l»t day of May last, ami
continiied doing so along the coast, until the said scliooncr "Maria" reacluHl tiic
Russian or Asiatic side of Hehring Sea.
That the declarant states that the schooner " >raria" was seized on the 21st day
of August last, and the schooner had then been in a dense fog for the past fortyeii^iif
hours, so dense that it was impossihle to know where the schooner was, tlie master
being unable to obtain any reckoning.
That the declarant says that when the fog lilted the master thou<;ht that he was
about 12 or l.'l miles fnuu the nearest lanil.
That then dwlamnt hjiw the Itnssian steamer "Kotik" approa<diing from the
land, and that he saw the steamer "Kotik" steaming towards the said sehooncr
"Maria," ami that fnmi the time ho fn-st saw tlui said steamer " Kotik" approacliin;;
it was two hours before tho said steamer " Kotik" came alongside the said schooner
" Maria."
That at tho time of seizure of the said schooner "Maria" there was not tlip
slightest wind, the v«'ssel laying becalmed, with all her sails down.
That there was no attempt to make sail or run away by the schooner " Afaria "
on the appro:u*h of the Russian steamer " Kotik."
That the declarant saw no arms use<l, as thei-e was no necessity for the .same, the
crt»w b»>ing peaceful.
That the second otTicer of the steamer "Kotik" told the declarant that the
schooner "Maria" was alK)ut 11 miles from shore when seiKc<l.
That the crew of the "Maria" were put into an (dd alHUidoned luiilding ;it
IMropaulovski, with only the roof and sides on it, with no floor, no blankets, and (lie
crew consequently suffered.
That the declarant came from Petropaulovski to Vladivostock, and tluMiee to
Nagasaki, Japan, and thence to Victoria, British Columbia, on tho Canadian Pacific
Railroad steam-ship " Empress of Japan."
(Signed) RICHARD WALDO CARDIFF.
Declared to before me at Victoria, British Columbia, this 7th day of November, 18!)2.
(Signed) A. R. Milne,
Collector of Cunloms.
*.)7
DrrliirnUnn nf II, Krnmii
I'ort of Virtoi'in, ItritiNli ('oluiiiliia.
Ilirliiml Ki
.1' Nfw York V\{y, linil.Ml S(ii(.
iH'liiml Ivroiiiin, 1)1 iNcw York i'Wy, IjiiiIimI Malrs of AmiTiri, iiml Into cook
of the <««-liooiiiT " Miiri.'i," of .Miiitliinil, Novii Nfoli)i, |K>i'Noiiitlly ii|)|M'iii-i'(| and dolli
iltvliirc ami stair dm follows :
'I'liat Im> waH ('(Mik of llm Itritisli ki<Iiooiici' "Maria," of Maitlaiitl, Novii Scotia,
diiriiii,' IIh' past srasuii of IH)2, and Ilia) (In- saiil scImmmmt had a cnnv <d" tvvrnty-flvo
n)i>M. and Hailed i\w»y on tlir 'J7lli day of April last, on a siidint; voyat;'- to llic Norlli
I'acilii* (>»'«'an.
Tlint tilt' scliooncr " Maria " <-oninirnn>d sralini; on llic ist day of Ma} last, and
i-oatiiiiK'd doin;; ho alon^ tlii> coast until the said siliooncr "Maria" reached the
Kiissinn or Asiatii! side of |t<>|irin^ Sea.
Tlint tlic declarant NiatcH thai the schooner "Maria" waH Hei/,cd on the 'iht. day
uf August last, and the Hchooner had then heen in a dense fo<r, so d(;nHe that it wan
im|MWHihle to know where the NclKHincr was, the master lH>in^ nnahle to r)l)tnin any
reckoning.
That the deelaraid. says that when the foi; lifted, the mikHterthoiii^ht he was alioiit
12 or i:t Miiles from the nearest land.
That the (hndarant saw the KhMsian Hleamcr " Kotik " approaching from the land,
and that In* saw the sjiid steamer "Kotik" steaming' towards the sairl sidiooner
" Maria," and that t'rorii the lime hi> lirst s;iw the said sieimier " Kotik " approaching,
it wiis two iionrs hefore the said Hleann-r "Kotik" came iiloni,'side the said stdiooner
" Maria."
That at the time of Ncixure the schooner "Maria" was heealmcd and the saiN
mII down, there heinif not the slii^htest wind, i
That when tin; said schooner "Maria" was seized, the ctew were ordered on
hoard the wiid steamer " Kotik," with the exception of the declarant, vho was ordered
liy the ItuMsian oHicer in charge of the prize crew to remain on the scIk oner " Maria,"
and c(H)k for the prize crew who were in eharj^e of the said schixincr " Maria."
That the declarant licanl from the United States' steamer "Adams" and the
United Stiites' stenni'jr "M diican," that the Kussians would not interfere witli !iny
vi>s.sids unless within '.) mih>s of tlu> shore ; the declarant asked theofllcer in (diari^e of
the schooner " Mari.i," who was alHo second olliecr of the ISussijin steamer " Kotik,"
ahoiit lu)w far the M(diooner ".Maria" was estimated to \h: from the shore, and the
said ofFicer n*plied tothedcidarantahoiit 11 miles, hut that did not make any dil1'cren<-c,
that tlioy would have taken the schooner "Maria" all the sam<! at .i distance af
111 milcN, and that the Kussians claintcd Jurisdiction over iUc coast within 200 miles.
That he went to I'etropaulovski on the schooner "Maria," with a prize cnMV of
i'it;lit llussian wiilors.
That the crew of the schooner ' Maria " were put upon the hoacli at I'ttro-
|)auh)V8ki.
That thoro wen? no arms uscmI, as tli(>re was no tM-cu-sion to use them, the crew
l)ein^ peaceful.
That the Itusainns at I'etropaulovski allowed the crew stores from the seized
schooner " Maria," and thoiTew ha<l only sludter in au old abandoned house.
That the dctdarnnt returned with the rest of the crew viA Naijasjiki, Japan,
thence by the Canadian I'aeilu; Railroad stwim-ship " lim[)ress of Japan " to Victoria,
Kritish Columbia.
(Signed) IIICUAIID KROMM.
lb!)2.
Declared to Ijcforo me at Victoria, Jtritisli Columbia, this 7th day of November,
(Signed) A. 11. Milnk,
Collector of Custom*.
[804]
.if""'
98
Declorul'oi of M. Kefff,
Port of VJotr. m, Uritisli (.'oluiuMa.
^[ichiu'i Jvocl'c;, of ViciDi-ia, Uritisli ('ulunil'i.i, maslor of tlit> British scliodiicr
" Mosio OIkcu," n'fj;istor<'(l at tlu> \wv\ nf \'u,'toiii, liritisli Cnlumliia, |H'iNiiiiiilly
app«'aro(l, and dotli dcclart' and say as I'ollows: —
That tlic drclaraiit desires to make a sinidemenlan hlatenienl (o tlie one already
vasnh^ l»y iiiin on llie (itli day ul' WepU'iidier la;. I, as fidirnvs : —
That the selioouer " J{osie Olson "on the 2(illi day of .Inly last, tlio date of lur
wnzure. tlio sjiid sehuoner was lieealined, and had hien so for ahont fonr hours hefuic
sighting (lie lUissian trinlinfi; steamer " Kotik," and that the siiid steanier " Kolik '
was Noen tw) hours at least hy the deelarant iiefore eoniing alongside ol" ilic
schooner " Hosio Olsen."
That on the approach of the Knssian steamer " Kotik " no sail was made, or \\;n
tliore any attempt made hy the deelarant to run away with the sehooner.
'J'liat the schooner's log-hook did not cxhihil that the veshcl had hoon any nearer
the land in those Unssian \\a'.e<'s.
'I'lial the diclanuit nays he saw no arms used, as none \\i\h necossary, as theseiznl
Civws weie all (le.'.eeful ;it !'etropanlo\ .ki.
That tlie (leelarant ditl not see nor hear any insnlts j;iveii to Knssian olIieerM,
That last year the deelarant, whilst master of the <'hooner •• Meat riee'" (1 hill >,
went (»n Kiiore on l$ehrin^ Island, to olit.iin water ami wood lor llu' voyai^e Imnu', as ii
wan ilic nearest laiul, and when lu' was ready to le.ivr ihe natives and Knssian oiHeiMK
assisted him fo i;el wafer, »V.e., and told him tliat there was no himlranee to tin'
declarant taking seals onlsido of the coast honiularv-lini-,
(Si^MU'd) MKIiADL Kl'lil'i;.
1802.
Declared to holore me ;it Victoria, Uriii^li C<dumhia, this 7th day of Novendier,
(Siprned) A. |{. Mii.nk,
Collfctor of Ciislnmfi.
I>rclnralinn of ■/, 11. liroini.
Port of Victoria, Jlritish (.'olnmhia.
Be it known and made manifest nn'o all people that on the 1st day of Novond>er,
in the year of onr Lord Oni' thniiNnid eiitht hnndred and ninely-lwn, persoii;illy eaiin'
arid appeared h**'ore nie, Alexandi-r Itolaiid Milne, Coilectnr of Cnstoms at the port ul
\ ictoiii,, hrilish ('olnmhia, dniy antliori/.ed as sneli, .John Urison Krown, master n|
the JJrifiidi schooiK r named " V'':ilter I', llnll," reirisN-red at the |iorl of Maitlaml,
Nova Suitia, and whose oHieial nnmher is !)(i(l(i;!. Tin- said master doth dnlv and
solemnl; declajv and state as follows ; —
'J'ha the sehooner •' Walter I'. 11,11" is a vessid of ill Ions ref,'ister, ami lli.ii
Thomas t Uiwrc'iee, of Mail land. Nova i*!eolia, is owner of Miirty-lwo shares, and llir
ahove. named .FoJ'n M. '<rown is owner of tliirly-two sji.iies, and wholje residence is nNit
Maithnd, Nova Scotia.
That cm (he lllth day of Mar, last tli- appearer and the rest of the cn-w set >.,iil
in her from Victoria, Kritish C'tilnmliia, liM\in„' hem rr'irnlarly cleaied at the Cnstom-
houRO at the sai<i port of \ icturia, Itrili'-li t'liliinihia, lionnil <tn a vo\a!»e to the Nmili
racilie Ocean in hallust, and havini,' on hoard stores, salt, and the iisnal hnnting outlil
for sealin;,' in the North I'aeilie Ocean.
That hovinf* voynn'cd to and fro im the waters of the Norlli J'acilie Ocean, ami
arrived to the v.cstward of (he lineid" dcfnarcation, asset down in the oioilnn liirmli uiidi r
"Ti>o UehriuiiSia Act, l.v.(l,'i.n the l'.)thday nf .Inly last, and uas <'riii/inj,' to ami liw
in search of seals, and which liie appe:irer thoiiLtht lie ha.l tiie iindoiihted rii,'hl In
pur8n<> his let,'itiniate aNocation, and at no time mImIsI in those waters was I !■
vienrcr the laurl than 2U miles from Ihe Coinmandorski i,'ronp of inlands.
That ahont I \'.i\. on tlie )7th da\ of Am^iist last, wldlst the said scdtoom i
"Waller 1* Hall" was •,>', miles sonth-uest ul Mehriiur Island, Ihe Itnssian man.of-\» ir
"Zah'.ika," cnnimanded l.y (.'plain de I.evi'roii, hailed the said schooner " Walti r
P. Hall," and demjouled that the master hrini; his piipers on hnaid (he said llnssi.ii
Oruizcr 'Zaiiiaka;" I hat the said schoomr Waller I'. Hall" lay heculmed, iho masUi
m
(;1)t'vinjj flio iMilcr, liiwcrcd his iiAvn boat, iiiul went uii lioiird the Russiiin cruizer
"Zaliiakii," takiiti; lii> |ia)M>i's aiwl chail'i witli liiiii.
'Diat afU'r cxaiiiiiiatiou nl' tlitr |ia|icrs ol' the >ai(l Kfliouiti-r tlit' cliart wv.s dcinaiulod,
111 wliicli was slidwii tlif daily pnsilitms of tlic s'id scIkioiut " Waitci- 1*. Hall" while
ill iht> watiM's 1)1' the Hcliriii!; Sea, to tin* "a^tward ol' tlit; lint; of dixuarciitioii.
That the Coiiniiaiuliiii; riirici r of tlii! Hii»iaM cnii/iT " /ahiaka " was apparciiUy
Miti^rii'd.andas the sciitKiiirr was al tin* tiinrol' ln-inu hoarded at least L'-'i miles troin tho
nearest land, ordered lli<' eaptaiii of {lit; said lirilish sehooiier "Walter I'. ITall"
1. 1 depart out ol' Itiissiaii \valer> I'orlliwilh.
'I'lial the appealer, .loiiii Jliisoii Ih-owu, master of I he said selioonor " Walter P.
Hall," deiiiaiiiled to know from the said Cuplaia de I.everoii, commaiidin;; lhi> Uiissiuii
eriii/er " /ahiaka," the limits (d' the axserled Kiissiaii waters, when tliu said Captain de
l/everon took the eliart uf the said eaptain, .John ISriMHi Urowii, and marked tlie same,
wKieh the said ■lohii ihisoii Hrown has now in his |»ossessioii, and which eliart sh«»ws a
siiaiirht line drawn from Cape Ciialntka mi the eoa>l of Kamschatka to the mmi
siiutlx-rlv point of the Ahntiiin IslatuU, tiie line lieinu' diawn on the ehart of the said
-.(•liooner " A\';«lli'r I'. Hall ' liy Captain de Leveron. the Comniandiui; Ullieer of the
" Zal)iaka," himself.
That the s:iid Capliin di* Leveron wrote in ihe nllieial lo^ of the said HehooilW
"Waller I'. Mall" as tollo\>s:
17th Aii|.;nst, lsi)L*. Hr'lish sehooner " \\alter T. IImII " was within Kussian waters
fcir sealimr.
The eaptain of thesehnci ,•, ,1. l\, Urown, rteeived warning not to ero» Kussiuu
watui's any more, and ha\e si;>h''d the iiotiee id' Uussian (iovernment.
(Siguevl) " H. in: liV.M.my^i, Cuiildiit of Ilia linjicriul
Md/i'sli/'n /r'lTimc-milzrr ' '/nhiiiliii.' "
\r)^l\'i
\ it*
That the Commanding < )lVioor, H. de Levernn, of the Knssian «'rni/er " /.altiakn,"
li;nin<^ asNerted that the Un^ >ian authority extendi'd to where he had marked down on
the ehart, the said .lolin Mrisoii ih'own. tinding that it was useless to refiise under
lineal that his vessel, the'Walli'r 1', Hall," would In- taken hy fciree and his ei-ew
taken prisoners, signed a doeument hy command of l\. de Leveron, tin; Connnandiiig
OlViei-r of the erui/er " Zahiaka," to relieve his vessel and crew from peril td' seizure.
That whereas the legiiimate vo\age of the llritish si-lioouer " Walter 1*. Hall " was
Kiirihly interrupted hy tli<' Itiissinn erui/.er " Zahiaka," resullini; in grievous llnanuial
loss to the master, erew, and owners of the said Hritish sehooner " Walter I'. Hull."
(Signed) J. H. IJHOWN.
1H1»2.
Declared to heliae me at Victoria, Hritish CoUimhia, this 2nd day of Novemheri
(Signed) A. 11. M h,m ,
I'olleclur of' (JuHtoms.
Drrluriillon of J. MrLtod.
I'ort uf Victoria, .Hritish Coliunhi.i.
.lolm McLeod, id' Victoria, Itrilish Columhia, maNlcr of the Kritish Mdiooner
■ Vriel," idlii'ial No. ssii 1 2. registered in the port ol' Vi«"toria. periii»nally appeared,
and .s(deinnl.\ declared and stated !»s follows : -
That the declarant desiring to make the following Kunplemcntary deeltirat iuu to
tile one already maiie li\ hini on '.he filii da\ ol' Seplemlier iasi, and says:
That the s.iid itrilish sehoonei' " .Vriel " on Ihe morning of the 2>th day of July
la>t, the date of Ihe sei/,ure of the said schooner " Ariel " hy the Russian < ruiitor
' /alii.-ika," lieing in Latitude .'til) north, longitud(> 1(17" U> east, ami being then
alioni 111 or ril) miles from the soulheast end of Co]iper Ishmd. Commandurski group.
Tlie said schiioner '• .Vriel " la_\ liee.dnied in a dead ca'm, and had heen so heealmed for
sixteen hours preuous to her sei/nre, .and was al the time of seizure drifting slowly to
north-east hy Ihe set of the < luaeiils, there not heing a liruulti of wind. Tlial on tlio
laorniug of the taid 2^lh dav of .lul\ the (h'clarant, lieing below, W'tt» culled on deck
[604] 2
lOO
l»y Ml*' MMt** j»(l»()ni '2''\0 A.M., wKo pointed out, Ninnkc very low down on tin* north-west
]\<m/,\tn, wkUfk j^nuliijilly irii-n^sed in vohnno t<» wlinr tlio said sclioontT "Arid''
was then Invintr. whiii»*h on eoimnjj nearer provwl to l»e a steamer, and Iho same was tiu;
Hussian eruizer " ZaiWiaka,' \^llu•h had heen watched for ahunt tliren honi-s helore
eoniiMi; ahini^Hide of tl**" sjiid M'tmoiwr " Ariel," and tnin the iinlieations of her sinoko
apjienred lo lie ijoinjf at I'lill ^ii^-d, and, as tho ollieers afterwards inlormc'd the said
dwlarant, that sh ■ was steaminu; Ml to 1h kn«>ts an hour.
That the Uritish sehooiier ' .Vrifl," having? lain hours heealnied hefore her seizuri',
did m)t nor lunid not in»ke any ;i(t.<^jipt to run away or jjroeeed to a greater
distniu'e Ipun the KuNNian eruizer " /j«.«w*ka" fn»m tlie time that tlic vessel was lirbt
i«i;^hted, as it was inipossihle to do .so • .11*11 a dead «'alMi.
Tliat the ileelar.tnt I'rom the linw •' ^-v/jire au'i di-tention until his reh'ase saw no
(|uarreIsonie cunduel .iniongst the seMed <•*»>*«. nor did h(> see any insulting eonduct
towards Uussian otrieer><. itnd he in |x»*;tive tliat no arms were usi d tu rcston; order
an any occasion.
(«itf»«d) JOHN McLEOD, Master.
imi.
l)<>clare(I t.o ItKlt^' uw; at Vietoria, Wi»»t<*lt ( iiiil)i:i, 'iiis r»th day of Novemhcr,
(8igucd) A. H. MiLNK,
CoHrctor of Cu^oim,
0erlaration of J. C, titratforff.
I'ort of Victoria, Urilisli Columbia.
.lames Camphell Stratford, of Victoria, llritlNh t'olum'hia. anil mate of tlic
Hritish sehiKiiier " Ariel," olheial No. HH(II2, and refxistc'red at the pmi of Victoria,
Hritish ("oliimhia, persoiiiilly appeared, and doth solemnly dediire and sinle ,is
follows : —
'!'h;it the declarant (h'sires to make the followiri!; sii|iplementary dpchr'Mon to IIm'
one .ijrciidy made, heini,' coj^nizaiit of all the cireumslancis i-onnccled witi '' • seizure
of the said Hritish scjiooiier " .\riel" on the 2sth dii_\ of .Inly last. Jli.w. the N.iiii
Mriti.sh schooner •' Ariel," on the morning; of the day on which the \esel was sei/.iil,
while lyinj"' in latitude ."if 10 mirth, lcim,'iliide I(i7 lO cast, lietween I'l and oO miles
oil the south-east of Copper Island, Comni;ind<irski irninp, tli(> seliooner h.avint; heen
becalmed for sixteen hours previous to lu'r ,seizin't> hy Ih" Mnssian eruiz«!r " Zahiakji,'
and was at linu' of seizure in a dead calm, not .1 hrcilii of wind, dril'tini,' slouly to (lie
north-east.
'rii.at from 2'1.'> .\.M. lo,''i ;U) .\.m. on tin said 'i'^th dny of -Inly last the detdan'iit on
('omini,'' on deck at iMTi v..m. found the schooner " Arid" iyinv,' motionless and powerless
in the c:ilm. saw smoke very low down on the horizon, in a northwesleily directimi,
which ijradnaliy increased in vohmie as it ;ipprn;iche(l to whcri" the said schooner
"Ariel " l;i_\ ; thejippicach of the smoke was eai^erly w.'ilehed hy the declarant, whidi
ill comini; nearer pro\ed to he a stennnT, and which proved to he the Russian erni^'ei'
" Zahiaka,'" and which h.-id heen watched hy thedcclanint for three hours hefore eomiii:,'
alontfside ; limn all a|ipearanccs of tiie vessi'l and the siixike was sic amiii:,' at full speed,
;ind which the oUicers of Hie said crulzer " /ahiaka " informed the (hMdnrant that the
said crui/er wduld steam from 1.') to is knots per hour.
That the Hritisl) ,seho(Micr "Ariel," havini; lain hours l)ecalmed, did not iior could
not make any attempt to run away and proceed a t'lvater distance from tlie Ilussian
cruizcr " Zahiaka," and that it was im])ossihle to do so in siu-h :v lead calm at the
time.
That th<' deeliirant clearly reinemheiN that at the time of seizure he saw a JJussi.iii
olfioer, a Lieutenant in the Ihissian service, haul down thi: Hritish flaj,', which w,is
ihen flyiiii,' at the mainto|)niaHt head, and havinu' pulled fh.' Hritish tlag down,
tnunpled on tlie said llat^, and the declarant t(M>k the llaj,' from under his feet.
That the dc<darant remained < n the schooner "'Ariel " as jirisouer, and was forced
to assist ill the navi<jation of tiie «scl, as the liu.ssian jtrize ci-ew were iimihle to siiil
and niana^'c the schooner withe .1 the declarant's assistance, he frequently iiaving In
he pulled out of his herth durin ; the night to make or shorten sail.
That the dcctaraut frur^ c time of tteuurc until hib release saw no (luurrelsoim
f-
101
rondiiil nmon^st Hit! sci/cd (ircws, nor no iiiNultinK conduct towards lluHsian ofllcrra,
Hiid sasv no arms used to n^storo order on any ooeuNion.
(Signed) .1. C. STUAITOJID.
Dcclnrt'ii to l):'rorc nn- at \ id m'.i, iiritish Culuuibiu, tliis 5tii day of Nuvuiuber,
lhD2.
(Si^MKid)
A. 15. MiLNK,
Vnltfrlor of Cuntomn.
DvrlarutioH of J. Lnrkin,
Port of Vii'toria, Uritisli C'olunihia.
.lolin l/irkin, of Victoria, Hrilisli ('(dninljia, scaler, and, during the present
scuson (1HU2), was Ijoat puller in <)n(! of tlic l)f)!it>, of tlic Uritisli schooner "Arid,"
of Victoria, Mritisli ('iihiinltia, personally apiteiired, and dotli solemnly dindare and
slate as follows: —
That he was enu'a!,'.'d and shipped on hoard th ■ Uritish schooner " Ariel " as heat
|iiillcr, and was always out sealing;; with the hoit t!iat lie was desi;,'ne 1 duly on, and
nil every occasion remcndters every eirctimsUiiue conncicted with seal luinting on the
Asiatic- side in toe nci(;;h hour hood of the Kormandoi'ski Islands.
That at no tiiniMvas llie rh-daranl with t!ie boat to whi<di he heloiiged nearer to
land (tliat is, to Copper or liidiriiii^' Island) than lU miles, and that at mo time has lie
liceii on the Hiiid ("oppcr or ndirini,' island, oc (»n any other island or land, Iwlorc the
vizure of the said schooner " Ariid" aftfir leavin;^ lor the Asiatic side.
That luM-enieiiihers all the circunisinnces of the seizure of the HritisSi schooner
'• Arid," which sclntoiier was hecalined at the time of seizure, and had lieen iMicalmed
Irmn the previo IS day ; the hoats were all on hoard the vessel when the seizure tof)k
|ilace, and the siiliooiutr was then at least MOniileH from the nearest land.
That for Kixleeii hours the Uritish schooner "Arid" laid in a (h-ad calm, not a
lnv.illi ol wiii<l, drifting,' slowly to north-east from .'J v.M. to rt-lV) v,M. on the 2Sth day
III' .Inly last, the date of seizure (if tin; said schooner "Ariel;" the s<'hoon(!r lay
iiiolinnless on tin; water, powerless, and saw the Itussian eruizer " Zahiaka " ajipear in
I'm distance, steatiiin^, as the <>ngineer of the sjiid cruixer "Zahiaka" afterwards
iiilnrnied the di-elarant, that tin; erni/(n' was theu steaminic HI miles ]icr hour, the sea
liriiiLT |)erfe<'tly sinonth, and il was two and a-half hours from Uio time lirst si^^htod
until the er lizer ciinie alon;;sidc (he s(dioon(;r "Ariel."
That the Kritish schooiiLr " Arid " did not sail or run away from the itussian
miizcr " Zali.aka," as it was inipossihit! to do so in su -li a dead calm on the day of her
Di'i/.iirc.
That till' crew of tin; Unssian criii/er " Zahiaka" stole the underehdhin^ from the
inrmliers of the cmw of (he HriliBh schooner " Ariel," and the tr(;atment that the
(Irejarant and the crow of the s(diooner " Ariel " reijrived at the hands of the llieisian
iilliecrs WI18 di.sgra(;cful. and unlike any humane treatment in a civilized country.
(SigM.Hl) JOHN LAIIKIN.
Uc(;larod to helore mo at Vielorin, this Urd day of November, ld02.
(SiRiied) \ U. Mii.NK,
CuHevlor of' Vuvtoiiui,
A,
w\
M
I i
r^
'■i
h
,U,'
I -'J
10l»
'M
I
pAnriCl'l-AUs of claim made liy tin* owners of tlii< sclKnincr " ('nrmolitc," "f ljvor)>ii(i!,
Nova Si'otia, '.HMons n•^^isl(•l^ wliicli vessel was seized on the 2Stli Am^iist, lsi»i>,
in latitude 51" 'J^i' unrtli, loiiu;itiide KiS 50' east, liv llie fmixTial Ihissiaii eniizir
"Vitiez."
Viihii' oi' llic scliooiu'r . . . . . . . , . .
7 Kciiliii}; I (Kiln mill ir.llit. ^it I III (I'll I' .. ,,
I clii'iini'ini'li'r . . . . . , . . . ,
Stock kI' |iri>\i'>iiiiih, iiH'liKii'i^ I'l' ci'iirs, mIi, S.r., iiinl MiiMiiijiiiliini,
(Mliiiiatcil . , , . . , . .
li'i I'lil'ki r ^iiii.i, lit ''>''i (IdIKii'x ., ,,
I rifle , , , , . , . , . .
lidS Hi'iil-'-liinH on liiMiil M'liiHiiii r wlitn Nrixoil, nt la i|nl|M<. , ,
I'liim iiiliM'iiiiiliiiii li'iMii r.i|>Uiiii ii..il liuuli'iA. (sliinalvii iiiiii.l'il' iil Kciil-HkiiiN
nlili'li would li;i\>' li< cii liikuil hiii\ not M'liooiu'i' lii'i ii i>t'iitiMl, OOO kciiI-
«kiius at lit (lullaiK •• .. .. .. .. .
Dnihii-".
• •
10,000
1 Mil urn
UNO
l.'S
1 ,001)
l.'l
•-'.'.• !•■>
, ,
7,001
'i'otiil claiiM ,, , . . ,
(Signed)
I'irloiiii, liiid.th Coliimliiii. \oitiiihri '2, 1>>S)2,
7,H(I0
'.'H.OI'.l
CUAS. llACKKTr.
MiiniKjiiKj Oiriin
Mniiii. — If aliovr elaim not paid liefore the Isl I Vhriiaiy, l^Ull, further claim diii'
owners fer loss of next year's earnings.
Amviitli'd Cliiint,
I'ARTICULAlis of elaim math' In the owners of the sehooiier " Willie MaeCiowan," el'
Slielhonrne, Nova Scotia, ll'i Imis n'i,'istei', which vessel was seized on the l^tli
.luly, J^'.t2, in latitude .jll" 50' north, longitude Hi7 5(»' east, h,v tho lm(;eri;il
lliissian eruizer " /abiaka."
Valiw iil'tlio »c'liooncr ., ,. ,, ..
I lioili. Miliir I'JO iloliiii> t'lirli ,. ,,
Oiitfil lor lionlH (oarp, Miil><, &('.), 7 oiillils at '.'o ilolliiis laili .,
'i rliroiioini'lcu, one at llio ilollarn ami 1 at \'Jl!i ilulLii^
Stoi'k i'( |lrovi^iolltt, iiicliiiliii); griKvi ivK, null, Ac, iiinl uiniiiii-
iiitioii, iKtiiimti'il ., .. ,, ,, ,.
12 liHi'K, at 25 ilullurit iMicli ,, ., .. ,,
Kl rarki'l hIiuI );iiiiii, lit <i<l iloll.tr» I'Urli ., .. .,
1 bniM< cniiiion , . , , . , , , , ,
1 wiitniit .. .. .. . , ,, ,.
UillUOIlllU'N , , . , . . , , . ,
Nortli I'acilk' dull t mill otlni - , , , , , , , .
I'nnilli'l riiU'i», iiaiiticnl aliiiaiiac- . . . .
honiiiirtvi' . . . , . . . . . , . .
7<'t scnl-akiiin on lioanl nciiao'ior wIilii M'ixt'ii, at 1'.' iloUar- ,,
Kitiinntcil iiuiiiIiit of l■l'al-^kiIl^ wliic'i wimld liavo lieiii iakcn
had not Rcl'uoiicrs Ihtii mmzcii, "'" al 1:.' dolinn .,
Tulnl I'Iniiii . . , , ,.
n.i. .■
HIO 00
I 10 Oil
'.'•.'.') 00
Dol. o.
10.000 00
OHO 00
1,000 00
.'lO 00
7H0 oil
100 1
__^ _-
'.MSA
00
,'|0 00
•J.'. 00
IH ,'iO
;i on
10 00
loi;
K70
.'lO
(!0
• ■
••
lt,0a4
00
^'1,011 .'lO
l''or U. 1'. Hilhel and Co. (Limited i.
(Simied) H. SKAIMMJDK, I'icr.Pieiiiilnif,
Aijtnt for Oiiiieiy.
I'lcioria, Ihitiih Columbia, ^'orcmlici J, IhOiJ.
Stetno. — If ahoye elaim not paid liriorc the Nt I'elniiarv, ISO.'t, I'lirtlier claim dm
wuers for loss of uexl year's eariiiiii;s.
103
I'AUTif'lil-Aiis of claim of sdiooiuM' " ^^al■iil," and owners, {)|. (oiis n-ji^islcr, of Afaitland,
Nova Scolia, scizi-d l»y Itussiii l''iir I'onipaiiy's sti'aincr " Kolik " on tin* 21st
August, ISJ(2, wluMi Ul uiiU's cn-.l-Moilli-ciist IVoni cast «'hd ol' Cii|i|i('r Island.
Vnliii< nf NfliiiDiicr , . , . , ,
Outfit, IxitiiH, i;iiii4, niniiiiniiiiciii, iiiiil inBtriinuMitt
Ht'iil-'-kiliii cm board \vIkmi hi'l/.i'il . .
I'4itiiiiiiti'(l lurH lliri)U){h Nri/.iiiT
l,2U0 MMll-Hkill'-. ill I J tlolliiin ciich
I iipxlniit , . . ,
Tiital I'liiim, m-nwin 1H1C2
llHllaiK.
11.0(10
('■.OnO
St nl-.^kiiia.
.V,t7
tiO'l
I, •-'"!<
I l.tdO
."lO
•J'J.l.'.o
Xnto. — If tliis claim is not paid or llic vessel returned Ijel'ore llie 1st .laiuiary,
|S!i:t, an additional claim lor |H!)3 season will occur, as il will llicn he too late to
|iriicurc another vessel.
(Si^'ncd) JOII.N (1. V()\, Matimirr.
.si'Jiorr itALc.\M, y'l'isirr.
rAiiTlf'i:t.,\iiM of tdaim of schooner "Ariel,"' of Victoria, llriiish (lolumhia, !)!• tons
reij'istcr, seized hj the Itussian cruizer " Zaliijikii " on the 2htl' didy, 18!>2, in
latitude r>V 10' n»\rlh. ;on!j:itude 1(17 10' east.
Sflii .lii'i'n avcnip" nilcli ol In r sin' and iiiiiiilnT nf InntH
l.i>HN M'idK ciiU)(lit anil pri'Vionsly rliiinicd lor , .
S<-al-Kkiii<
I ,'JOW
•J07
mtfi
!tf>.1 sniU In'.t 111 llic icliiiniici' t)y tlir ncllon of llio Riiminn pniiwr, vi.lnrd at
11 diilliU'H I'licli, cliiiiii ,. •• •• ., .. ••
DnllnrM,
S'olf. — This is an additional claim to the one already forwarded at time of
schooner's crew's return for the amount of ls,7'K5 dol. fiO c, and which Mas actual iohs
(iiily.
Unless these claims (iH.yUi <|()1. 50 c. and in,{)02 dollars), amount inu; to
.TJ.tllS dol. oO c, an* paid prior to the 1st •lauiiary, IHJKJ, an additional claim ior
si'.ison isiCi will he macle, as it will he too late to purchase another schoo>\cr.
(.Sif; i) .lOUN MfLLOl), Maiitfr.
Notlrr.
The Imperiul Russian Govcrnmont herehy i)iil)lish(>s, fm* sycncral knowlediye, the
I'lillowini;: -
1. \\ithoiit a special prrmit or licence rroin tin- ( Jovernor-'ii'iieral of ICistcrn
Sit)eria, foreign vessels nvf not allowed to carry on Iridini!:, luintiui,', lisliini;, ttc., on
till* Itiissian coasts or islands in Okhotsk and Hehring He.is, or on the north-ivist ironst
nf Asia, or within their sen iioiindiiry-line.
2. For such |icrniits or liccnccH I'oreit^u vessels should a|)|dy at Vladivostock
cvclnsively.
i1. In the nort of I'etropaulovski, thoiu;h heim^ the only port of entry in
Kimitchatka, siicli permits shall not he issued.
1'. No permits or licences wlialever sh.ill lie issued for iiunlin^, flsliin'^', in trndin^
lit or on the ('ommodore and Itohhen Islands.
5. I'oreiutn vessels found tradintf, tlvliiiii:, hiintintr, &c., in llusHinii wtiters, without
!i li(!ence or permit from the (invernor-t ic'iieiiil, and aisi those j)ossessin'j a iieenci or
niiiiit who should iitfiini;e (Ui the ixislint, liye-l,!\»s on linntin!;:, sliiill he iMnll'.cated,
mill vessel;- mid caru;oes, I'or tli(> ImmicHi o| the (Jovernmeiil. This enaclment diiill ho
oiiforced heiweforth, commencing; with a.d. ISS2.
11. The enforcement of the ahove will he intriisird to Itiissiau meii-of-wai an(>
liiissijin meicliant-ves;<els, who, for that purpose, will carry inilitary detaehmeiils, aini
lie providiil with proper instrurtions.
w
104
Inclosurc 4 in No. 52.
Lord Stanley of Preston to the yfan/u'in of liipon.
y\y Tyml, tUtvnnmrnt House, Oiltiwii, Drrrmhi-r .'10, 18U2.
WITH rcfcroncc to previous corn'siionilnicr on the huhjtrt of the Hoiy-uic cif
British s«<nlint;vcKs«>lH ill tlu' Nortli I'licilli! ()«tiui by iUissian :iutlioritios, I liavc the
hoiiuiir to IrnuHinit tu your Lordship ii f(<|iy nt' an appnivtMi Konort of a Committor of
llic I'l-ivv Coiinfil, Kiihmittini; ii Ictk-r from .Messrs. ('(>rl)oiili|, McCnll, Wilson, and
Caniplu'li, of Vancouver, covt-rinf? a Ktatcmcnt of Captain W. IL Copp, of tlm IJritisli
Malin^-sfliooncr "Vancouver JU'llo," «iii(di schooner wan Ki-i/.cd in the* North I'ncilio
OcoHii. on the 12lh August hist, l>y tiie Uussian crui/.er " Zahial<n."
I have, &{'.
(Signeil) STANLKY OK I'llKSTON.
Inclosurc 5 in No. 52.
Report of a Committee of the Honcurable the Pnv^ Council, approved by his Excellency
the Governor- General in Council on the 20th December, 1HU2.
ON a Hojiort dated the lOth December, 1802, from the Minister of Mnrinc
and Fisi;<>neN, submitting, in connection with his previous Hejyorts on thu seizure nl"
British vessels in tiie North I'acillc Ocean by llussian authorities, the appended lettci'
fnnn Messrs. Coriionid. >reCall, Wilson, and Campbell, of Nancouver, coverint,' a
statement of Ca|»tain W. II. Copp. ;;f ii;<' Hritish sealing-schooi r "Vancouver Belle,''
cleared from Vai:cou>er, Hritish Columbia, on the 13th February, 1H1)2, (m a .seal-
hunt ini; voyajie to ilic North l*a«'itlc Ocean and Okhotsk Sua, and seized in the North
I'aeilie < )ceaii on the 12th .Viif^iist, 18tt2, by the Itnssian c-ruizer " Zabiaka."
The Minisi, r observ.'s that the statement contains a full and detiuled nnrrntivo of
the Ncssers cruize from her cleanince until her iseizure, as well as on exhaustive
account of the arrangement entered into between the Uussian Cominonder of the
"Zabiaka" and Captain Coj)p, of the "Vancouver IJelle," by which the seized
schooner " Hosie Olsen " was handed over to the latter, for the purfiosc of conveyim,'
home the mem)iei"s of th(H crew of his own vessel, as well as other distressed sealers,
thrown upon the ltu.ssian shores by reason of the seizure of Hritish vessels.
The Mini.ster observes further that the circumstances attending the consummation
of the nrrangement, the condemnation of tlu^ " Hosio Olsen," and the changing her
name to the " I'rize," arr fully recounted.
'i'he Committee, on the rccoininendation of the Minister of Marine and Fisheries,
wivisc that your llvcclleney be moved to forw/uil acopvof thi> Minute, together with
a copy of the Appendi.x hrroto allached, to the Kigbt liohourable the I'rincipal
Hwretary of State for the Colonies, lor the information of Ifer Majesty's (lovcrnnient.
All which is rcspcctfullv submitted for vonr F.\cellencv's approval.
(Signed) JOHN J. McGEF,
Clerk of the Privy Council.
Inclosurc (t in No. B2.
MesKYii. Corbould, MrCall, U'ihon, and Camphrll to Mr, C. If. Tuppet.
Sif, ]'itnvomiv, British Colunil'in, Sovemliir 18, 1802.
WE have the honour hen-with to forward t<- you statdiienl by Captain Copp, of
the " VaiuMiiiver Hi'lie" sc iiling.sch.xiner, and declanition verilyintf sjiine, and certilicil
by Mieh of the crew as we have been able to ifct hold of. We .shall feel extremely
obliged if you will bring sjime to the notice of the jji'oper De|mrtment of lli'r
Governmt nt, with a view of obtaining, in due course, eompensjition for the lo8.s of the
"Vancouve. Belle,"
W^o have, itc.
(Signed) CORBOULD, McCALL, WILSON, ani.
CAMPBELL.
(Htatemoi ' under wparate cover.)
106
Slatemfnt bij Captain Copp.
l)()iiiiiiioii of Canada, Proviiit'c of British t'ohimbia,
to wit :
III till' matter of tliu si-i/airu of tlio scaliiijj-schooncr " Vuiicoiivor IJoUe" by tho
Itussiaii eruizer " Zabinlva."
T, William Ifarvcy Cti|)p, tin* caiitaiii of the sralijii^KclKKdU'r " Vancniivt'r I'l'llc,"
iiiiH ii'siilin^at tln' city of Vaiicouvi-r, in llir I'roviin't' of Krilisli Coluiultiii, solciiiiily
jiiiil sinroD'ly declare as follows: —
1. 'I'lie slateiijeiil lieri'to aniieveil niarVed (A) is a correct stateiiient, in siilislniice
.111(1 in I'act, <il' the voya<je ol' llie sealiiii^-sclKMtner "Vancouver Jtelle," coinnieiicini,' on
the i:;tlidayol" February, iS!»2, and the sei/,ur«M)|' llie said schooner by the Itussiaii
cniizer " Zaliiaka."
2. Tiie copies of the letters sent out in the sjiid statement are correct «'opIe'» of the
(iriu;iiml letters taken from the ori>:'iiial letter in my |Mtssession, addressed to ir.e by the
(.'iiplain of the slid ivussian criii/er "Zahiaka," and my copies if the letters I
aildiessed to him as appeariiii; in the said statement.
And I make this solemn dcclaiiit ion, conscientiously believiniy the same to 1 e true,
and hv virtue of the "Act respect iiii; Kxtra-Judi(;ial Oaths."
(Si-ncd) W. If. COIM'.
Declared at the city of Vancouver, in the I'l-ovinve id' British Columbia, this
Slh day of November, 18!»2.
(Signed) A. S. (5. H.vM!;iisi.kv, a \olan/ Pulillr in and
fur i'le Dislrivt of Xrw fl'fMtminitlpr, in Ihc
Proiiure of lirili.sh Columbia,
(>'eal.)
(A.)
In the matter of tli(» seizure of the Camidian sealintf-schooner
liy the Kussinu cruizcr " Zahiaka."
Vancouver Hdlo "
f<!ntrmenl by Citplnin Copp, nf tlir "Viiiic )uvir Utile," in his otrn words, Frbruun/ 13,
]bU2.
The "Vancouver llclle," being fully manned with a crew of twenty-three men, al'
told, well found and in every way m ell liiicd to pcrforip. tluM'oxagc, cleari'd fioiii tin*
Ciivtoms-house at Vancoii\er for a scaliii'.^ and hunting cruize to the North I'acilic
(K'ciiii and Okhotsk Sea.
At r» P.M. we (o )k a tug and towed from the liaiboiir of Vmik oiiver. and llicn
)inicei'ded on our way under all possible wiil toward scalinggroiiiid on the racilic
coast, arriving in lalitiidu 17'' •"."> and longitude l-'.'i' M' west on the 17th Kebriiary.
I'loiii thi- point we eriii/,ed, huiitc<l, ami scaleil towar.Is tlie coast nf \aiicoiivcr
Isliinl, ami when in latitude IS" ."lO and loiigitudo \'2{'f west, being the ist .Marco,
lli'iiiy 'riiriiei, male, was drowiu-d whilst iiiiiiting in tin- sterii-boal, and llarvcv 1).
I'njip, jibh'-bodied seaman, was pniinoted to act as mate for the rest I the voyage.
Kiom the lit .March llio siiil schooner, cniizer, and sealer sailed away to the noHli-
Wi'st ahmg the co;ist of Vancouver Island to the north, along the coast and in the big
licnd of tlie .Alaskan I'minsula as far as Kadiak Island, arriving al thai point,
in latitude fiH" U' :lh and longitude 151 'M)' wes», <ni the l.'JIIi day of .luiie, IM).',
having then on licard IlUf) sailed s" al-skins in full lur (he cuast catch.
The said schooner "Vancouver Hclle" then tontiniied hir vinage to the west,
intending ti go to Uehriiig Sea vii\ I'liianak I'ass, and on the Istli .June, when opposite
said pass, spoke and coiivei-scd with the master of an oiler hiinling scho iner, tho
"Olga," of IJiiga, who tidd us that the Vncrican sido of Hchring Sea e:ist of the line
of deinarcatinn lietwccn the United htatcs' (iovcniment and that of Russia was again
closed fi-om May 1S!L* to May IH'.KI by order of the Mritish and I'wited Slates'
(iovernmouts, and that he ($h»! master of tlu^ otter-hunting schooner) h.-ul had tho
I'rochimatioii put on board, and had been spoken by several cutters on their way to
[not] 1' _
1 : 1 5i ii;
*»■"!
iWf*-:
; *.'.
w
i-\:i
••< -,^i'.>..
IM
^
Poliriiig Sea, and thai the slipulations of the present Proelamntion made all vessels
Milli sealing? implements on board liable to sei/.nro if found inside the said waters id'
])(>linni; Sea. warned or not earned.
This heinu; the onlv relialile inftirnuitioii reeeiveil since leavini,' Hrilish ('ohnnhin,
Wi' nosv decided to cr. US over to the l!ns>ian sidr of tlic I'aeilie Ocean, and sli'cred a
eourse aloiif; the south si(h» of llie Alentiin Islands, arriving on the I'nd day of July
in latltisde fill" 17 ninth and linu'itn(h' Ki^^" "Jil' crist. the soulherninosl end of Cupper
Islami, then hearing soulh-easi. (Ii>.lanl '>n niih-x.
From the 2nd .hily tn the 1 llh .Vnt,'Ust all went well, and we cruized and sealed in
the waters without interruption up to that date.
At 12 noon of the lltli .\ii!;nsl we were in hit'tude ol' 15' and longitude KUf :)()
past, havinu; then on hoard (tl"s sailed si'al-skins, iticludiii'^ what had heen taken in
the waters »ni the east coast o; the i'acii'c ()ce:in, and from 12 noon of this (hiy to
midnii^ht a fresh sontli-west wind was lilowint;:, with a choppy sea and thick I'oLf.
Un the 12th Ani;us| at daylii,dit we were ninninif to the east under easy sail, when
tlio fouf clenri'd up and we si^iitril land.
Wo contintu'd our cours • to the east, and at h a.m. the south end of Copper
Island hore north-north-east, di^t nit ;i.'> miles.
We thei\ set all sail an 1 iiaidi-d ship close ou, the wind standiii!; still on the
starboard tack, the wind then liaiilini,' to south-east and dyint; out.
At 12 noon the ohserxed lutitinlc was .'|.^ 2<l', whilst the south end of Copper
Island bore north, t;(> niih-s (li>tant.
AVe then tacked ship and sloc:d oil' from the land toward the smith-west on a
wind, and at 1 r.M. the w ind dyini; out to a very liijlit. breeze, we beinp in company
with another schooner put over oar boats and s(>iled to the south-west, the schooner
l>ei;ig under all sail.
At 2 P.M. sighted a smoke of >.ieam-vessel atvay to the mn'th-north-east, ami we
then put up a signal and c.illed our Ixtats ou board, the boat farthest away bi-im;
about 1.^ miles from the ship ami over 20 miles from land.
At 2"30 P.M. our scalin^-boats tacked and sfr)od toward the ship, beini; ahead and
on til' lee-how of the ship, and at :{ p.m. all the boats were on board, and no seal were
taken in the boats or in the ship this day.
At tliis time we coidd se(< the ship's hull, and knew it was a liussian cruizer about
4 miles, bearini; north-east.
At \ P.M. llussian cruizer was about quarter of a mile astern, and on tlio weather
quarter of said schooner " N'aneouver Hellt!" she (ired a i^un, and then we hoisted the
Kngl'sh ensijj;n, and hove-to said schooner "N'aneouver Melle."
The T^ussian cruizer then r;ini,'ed n|) alonj^side, and the Commander hailed the said
"Vnuconvcr Ikdlc" for the master to come on board the cruizer and briiii; his
jMipci-s.
The master then went on boanl, and when the C.mimander nnd olTieers had
hurriedly examined my papers of the said scdiooner ''Vancouver Helle," he turned to
me and said: "Captaiii Copp, I s(cyo\u' (lovernment has cleared your vessel for the
North Pacilie (Jcean and Okhotsk Sea: doi's not your (lovernment know tliat yon
cannot ^o to the Okhotsk Se.i witliout I'lissian licence, neither can you come to our
coast without first j^ettini; licence from the Uussian autlKU'ities." I answered that I
liad not been to the Okhotsk S;<a, neither had I been to Kancscalker coast, [fe then
asked me where 1 had been la»t year, and I told him that I went to Uchriui,' Sea.
arriving about 1st July, and on the .Miiday was spokeit by the I'nitcd States' cutter
" Corwin," who left on bo\nl the Proclamation ami a wariuii'^ to leave the waters of
that sea cast of the line of demarcation. I then came Innnc. laid my vessel up until
rcbruary of this year, wlwii 1 ai/aiu started out to seal, and had takim 3;l."» seals on the
cast coast of the I'acillc. ('anie west and related my conversation with the otlei'-
hunter, and continued to come west in li()|)es of geltiui-' enoui,'h skins on the west >iile
of the Pacific to pay the expense of littini,' out. I was then asked how many skins
I had, and 1 answered correctly til^, 2s;{ of which I look on the west side'ol" the
Pacific.
The Commander of the cruizer thiMi said; " Capt.ain. you went to the Ucbriui,'
Sea last year, and the Anu'riean erni/ers drove you out. Y'ou would have fj;oin^ there
this year, only was ju'cvented by the same reason, and now you have crossed the
American line and come into Hnssian waters; tli(<refore I will seize your vessel." 1
1)rotested nj^ainst the seizure of my vessel, sayint; that I was 2t miles away from any
and, and considered that my vessel was on the open high sea, ami I was ftdlowiui,' a
legitimate hunting and scaling business.
.07
(.'a|ilaiii do. I^voron, of tlio Uiissiaii cnii/.iT " /aliiakn," tlicn tuiid : "Captain, it
(Iocs 111)1 iiiattrr to ni<' ^liat you considi-r to lie the liiii' of domarcatiou Itctwccii tlio
walt'is of tin' Ili'liriiij; Son and the «atr|N ,,( lln- Nortli I'acilic Ocean; my instructions
iron) niy Admiral arc to sci/.c all vessels found sealiii:; north of ii line dniwn from
:( miles south of the soiiliierMinost Aleuli;in rsland on a |mnillel of latitude to the
Kamscliatka coast, but I use my own discretion, and have only seized foiu- and jou
arc tlie lifth ; I could iiave had twenty as veil as live. "
lie then t(dd me to hurry up ami u > in tl'.e lioat uith an armed crow which took
iiic to the said schoinier " Vancouver Itelle," and then Itrtnii^hl myself and ciijhtoen of
my crow(m hoard the said eruizer " Zahiaka," leaving' on board the mate, II. 1). Copp,
and two hunterH to assist th(> two iliissian olHeers and niiu' seamen, ull arnu'd with
swords, pistols, and j^uns, to take the said " Vancouver Holle " to I'etropaulovski.
When I came on board the cruizcr '• /ial)iaka," the Ccmimander took from me a
l)ook I had hocn writini; in, which was the only tliitii,' I had witb mc, except my bi^
coat, not boins; allowed time to chanu-e my dress.
The ("ommander of the s-iid i-ruizer " /altiaKa " then said to me, What vessel is
that in company with your and I nnswej-ed that it wns the American schooner
" Anaconda."
The eruizer then altered her coursu and steauK'd in thu opposite direction towards
the east, as Captain de Leveron said he wanted to catch the schooner " \V, 1*. fcfayward,"
whose boats he had pickinl up two hours before he came to me.
At 10 o'clock that nit^ht the fo;; shut d)wii, and uo no signal light from thu
" W. r. Sayward " eould be sivn, the cruizcr st 'amed away to the north-west, and tiui
next nu)rnin^' at 10 a..m., the l.'Uh Aui;ust, the crui/cr canu; to anchor in a bay to the
north-west end of liehrini; Islaiul, wliere the chief village is situated hall'-u-mile from
the bcaeh.
I .s'lw on board the eruizer " /abiaka " tlfteon men, besi<les my crew, that had bucn
captured in the boats.
On thi! I I'th August I wrote a formal protest and hnndud it to Cuptuiu du
lA'veron, which read as follows; —
To the Commaudur of the ll'issian crui/er ' Zabiaka.'
1
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*' L n ~i Tfl
yi'^
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i
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•Sir, "Juyunt 12, lb02.
"I hereby protest against the seizure of my schooner, the "Vancouver Belle," of
Vancouver, British Columbia, having on lioar.! (US salted scal-skins, of whieU 335 wore
taken in the coast waters of British '.,'olumbia and Alaska, from 20 to 00 miles off shore,
and the balance taken in the I'acilic Ocean IVoni IJO to 15 miles from the shores of
Cojiper and Mehring Islands, and al no time since coming to these waters has
my vessel or boats been nearir t) the shores of Copper or Behring Islaiul than
Ij nautical miles, and at the time of sei/.iuc, I'Jih .Vugust, the southernmost end of
Copper Island bore north by cast, lulislaiicc ot 2\ miles, and I hereby solemnly protest
!ii,'ainst suidi seizure, never baviui,' any knowledge uf any I'roclamatiou delining the
iMiundary-liiu' mar these islands other than a re))ort of a !)-mile limit around these
islands, inside of which was claimed as I'ussian waters; neither had I ai»y Avarning to
leave these waters forthwith.
(Signed) "W. J I. CoiM'.
" Maslcr, ' rmivoiivcr lidle."'
This protest I kept a copy of, ami. goini; aft, handed the original protest to the
Captain.
This protest he accepted, and ma<le tlie following indorsement;—
" I hereby certify that this copy, signed by W. U. Copp, is correct fi-om the
protest duly nreivcd from the master of the schooner "Vancouver Belle," tho
bth (20th) August.
(Signed) " H. l»n Lv.viMioN, C'n/</nm of His Impninl
Mnjrsh/'s liercnue-cruizer ' Zabiaka'"
Captain de Levoroii then cxjircssed great sympathy for me, and said he believed
\>liaT my protest stated to be true, and said that it was u misfortune for mu that ho hnd
seel) the boats and picked them up ; otherwise 1 would not have been seized that day,ns
ho was going to the cast for a schooucr when he sighted the three boats, aud, picxiug
[504] V 2
k V
l'^-^-^"'
m
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108
tlioin up, w.'iH misled liy tlic crows of tin* boats, nnd so cnJiH' to my schooner, the
" VmicoiiviT Hellf."
1 tlieu linked liiin to i,'ivo mc back my scliooiier, but this, bo said, was more tliiiii
bis commission was \v(ii'tb,biit he would bolp nu> all lie could and ^et mo bonu! as sixhi
as possible, as bo considered from what he had read in my hook <>r sketches frtmi my own
liTc that, as I bad not been a sealin*; e.-iptain loni;, I was really ignorant thn' I w;is
trespassiii!? in Ituss'an waters, and that my own <iovernment ()njj;bt to li>.' made
responsible tor the loss of niy vessel.
lie treated me with much kindness, t;ivini; me a cabin to myRcll', with the sanio
kind of food as himself and ollicers e:it ; whilst the crew was treated in like manriei'
as the sailors <d' the "Zabiaka," hein;' allowed tin ir liberty and same food as llie
sailitrs of the said scIi(M)ner •' //ibiaka."
J-cavini; the Captain's cabin 1 went to my own, and wroto a letter of nM^ucst to
tlic Commander of the said cruizer " Zabiaka," in tlie foHowing worils: —
" llussian cniizor ' Zabiaka,' Captain do Lcvci-on commandin;;:
"Dear Sir, "Augunt 15, 185):,'.
" llavini^ with my {-row been thrown upon the foreiffu shores of Kamschatka
in cftnsr(|nen('(Md' the sei/.iu'o of my vessel, the s>'hoonor ' Vancouver Uclle,' by your
order, on the 12th Ani^ust, 1S5)2, I hereby boi; that you will uso ytnir best endeavoiM-
to arranu'c some wav that mvself and my crew of twentvcme men, to^c't her with lilteeii
others, who are entirely destitute, ami at your mercy, may as (juickly as possdde leave
the sliores of Kamschatka for our respective homes in America, and to facilitate sneli
nn undertakim;, seeinL,' that no chance olVors by steamer or otherwise. I woidd
earnestly Im'i; to reijuesl (bat you will (it out and provide mo with one of the sealin;,'
s(diooners that you lave lately seized, and with these thirty-seven men dispaieii im- in
<diar;,'e of the schooner, which char;;e I hereby promise to faithfully |)erform.
•• Many of those n)eu are without clotbinLCi ajid the loni;er they remain in the
country the i,'re;\ter w ill In; their sulTerini,' when cold weather sets in. And you will
he urantini; a favour by i;ivini; this request your careful and earliest consideratioa,
and inform me as to your decision, and your humbli> s<'rvant will ever pruy.
" Very truly yours,
(Signed) •• \V. II. Copp,
*' Ex-Musler, ' ]'nucouver Uclle.' "
On the fidlowin;? day the Commander of the .said cruizer sent for me to come In
liis cabin, and conversed w ith me in connection with the above-sjud letter of recpiest,
and said that no doubt it was written with a view to getting back my schooner, the
, ane<)uver
Kelh
lie then said that I must banish such hopes, but that be would try and do tlic
next best thing by giviu'.' nn; the schooner" Kosie Olson," of Victoria, which bad hem
seized for alli-ged dle^al sealing, and was then laying nt I'etropaiilovski.
'J'his schooner he said he would condemn as worthless to bis (iovernment, w hieli
would be done by a commission of the ollleers of tin; said cruizi'r " Zabiaka," and woiilil
jtnt provisions on board lor the Ihirty-soven men tt> last the vctyage home, providing I
thought the old vessel feaworthy enough to carr_\ us to our bonu's.
'ibis I could t<'ll when I got '.o I'etropauiovski. llesaid, *' 1 will give you this old
ves(d for your own account, i)u( 1 will not give you any Hag nor port of bail, ami will
ha\e h'T condemned and call her by another r-ame." He said that he would givi- me a
letter to show to any man-of-war speaking mo on our way borne, which would he
snllieient protection untd wt; arrived at Vancouver. I tohl bim that 1 woid<l mueli
prefer to go home in my own scdiooner, but as J took it for granted that was out of tlii'
question would accept his gift, but was fidly aware of the fact that the former owners
of the " llosie Olson " would claim her, nnd by a liritisb Court of liiiw would get her.
Yet I would ncce|)t his gift for the mutual bcn<'flt of the distressed seamon under his
charge, in order t'at we might get qiuckly home.
The Captain of the said cruizer "Zabiaka" then called his lirst navigating'
iieulonant, and it was arranged that the said vessel, formerly called the " Hosie Olsen,"
ehould bo condemned and handed over to me on our arrival at retropnulovskl.
The said cruizer " Zabiaka" on the 17tb August started out from our ancboraL,'!'
at Behring Jslaiul, and proceeded on our way towards I'etrojuiulovski, and at 1) I'M.
tho 18th August the said cruizer "Zabiaka" nnehored in the harbour of I'etro-
pauiovski.
100
On tlio l!Mli Aut;(i8t tlic tliiity-Nix nchIits won* nil Nont on hIioiv, nnd nftnr I
Mirvrvcfl till! " Kosio (J|s(mi " and slio had l)t'«'n condemned liy a ooininiMNinn ol' tho
"Zaliiakn's" oflWrs, 1 cxprosscd my willinLrncNti to accept licr, and tlio Captain of the
,s;ii(l tTiiizer " Zal)iaka " tin'n f,'a\c nic tin* I'olloHini^ letter : —
" Dear Sir, "Augunt 29, 1802.
'• In rctcard to your n'(|U(.'st. dated tin; l.'itli Auy;iist, I liave carefully concidorcd
wlial you say, ami in answer may stnte that I have now takt'U tlie responsihilily, and,
iicciiiilini,' to the aJiove-said request, I now (U'liver to you lor your own aecount the
sclmoiier ' I'ri/.e,' whicli will he supplied with provisions for forty days for the coinplc-
iiient of men whieh you will hi\e on hoard, vi/., tliirty-sovun, and will put lier in f^ood
onlir for the voyai,'e whieh you will undertake.
" I re(|uir«5 that you shall pliu-e the men on hoard the ' Prize,' and in due uourHO
wlirn n'ady to sail with all dispateli to a Canadian port, and on your arrival to such
|i(irl diseharj,'e the men from the; i^ehooner ' iVI/c!* before u duly authorized Dritish
ollieiul.
(Signed) " i\. m: LkvkUON, Captain, His Imperial Majentifs
lincnue'duizer ' Zabicku,'
"Captain W. 11. Copp,
" .Master, the seized sclioonur ' Vancouver lielle.'"
Then I took charge of the schooner " l'ri/.e," and as (piickly as possible flttiul horout,
takini; what Captain de li«!verrn would i;iv(! me for forty days' provisions, j^ot nil the
cicw on board from a miserable liovel without doors or Mindows, whrnr they had been
livinf; four days on threo days' allowance-money of 15 copecks per day per man, and
(III the 22nd Auirust went for my papers, so as to sail early next moriuns;. Captain do
!:<v.M()n then called a commission of his ollicers, who had already signed a I'rotoeol
f,'ivin!; the circumstiuiccs of the seizure of the said schooner " Vancouver Hello," and
riMilint; the said I'rotocid over tome, whieh document was written in llussian, asked nio
lit sii,'ii the same under tho nanu's of his ollicers. This 1 declined to do, for two reasons :
liistjlliat the (h)eument was written in llussian, and I did not undiM-stand the writing;
!iii(l, sec<mdly, because be bad nn-ntioned a latitude in the last days of July which he
states stood in the lo^-book of the said " Vancouver HcUe," which log-book with all other
documents were taken from me on the 12tli August, and in the jjosscssion of Captain
(le ixjveron since that time. I then demanded the b)g-bo()k, and found that
Jl. I). Copp, who was acting as substitute for mate, bad not entered tho figures of
Ills dead reckoning right during the last days of duly, but tho bearings and distance
Irom the land whieh could be seen at tho noon of each day was right, and placed the
sliip in a dilVerent position from that of dead reckoning. This discrepancy between
(lead reckoning and tho actual position I pninted out, but the master of tho said
ciuizer " Zabiaka " said I could hive; my choice to sign the said l*rotoc(d as it was, ho
lie could send it to his (Jovermucnt, or go to Vladivostock before his superiors, which
would be soiiK! time in October, so I was compelled to sign the docximent (which
note at the bottom was dictated by him and written in Knglish by me}, as it would
liiive been dangerous to the healib of the people to live in a wet, damp hovel, tho
most wretched place I have ever seen for human beings to live in, on 7.i cents per day,
uIkmi bread was 10 cents per pound in this country, until it would suit him to take us
to Vladivostock. A copy of the I'rotoecd was then made for me, and the next day
liein^ th(! 2;Jrd August, the Captain of the said cruizer "Zabiaka" sent all my papers
on board, and sent hi.<i olUccrs, who searched the "I'rize," aiul then the " Zabiaka" steam-
launch towed tho "I'rize" out of the harbour into .Vracha May, and wc; then proceeded
on our voyage under all possible s:ul on to ^'ancouver, arriving on the 21st September,
and reported at the Customs, \'anconver, nothing worthy of note occurring on the
voyage except that we were very short of provisions, having thrown the most of our
meat overboard, as it was nincid and not lit for use.
(Ju arriving our protest was noted, aiul all documents placed in the hands of the
BritisS ofT5cials, as was also the schooncn- '* I'rize."
iu.,:" ", I was obliged to sell tho clothes off my back tf) got food for the thirty-
six !• 'alei>, md was treated in a most barbarous way by tho Chief Governor at
l'etro;v»r,|u> ,ki, and whilst in the presence of this Governor was abused in the worst
kind o: i inn oner when I asked him for the few copecks that Ca])tain do Leveron informed
mc! tiiat i was to get from tho Govorncu' to buy a little focxl for the distressed scalers,
which was barely enough to keep starvation to death away, and was refused the
money that we hud been promised, and thruatoucd to bo placed iu prison instead.
, 1 I
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We, the captain, mate, and luintcrs and crow of the " V^aucoiivcr liollc" iioidiy
certify the foregoing statement to be true, according to our respective knowledge uf
the facts.
(Signed) W. II. COPP, Muster.
HAlfYEY D. COPr, Muto.
Witness :
(Signed) AKTiiri? J. .Judge, Vancouver.
This is the statement marked (A) referred to in tlie annexed declaration of
William Harvey Copp, taken before me, this 8th day of Noveiubcr, 18!)2.
(Signed) A. St. G. Hamehslky,
Notary Public for the Province of British Columbia,
(Seal.)
luclosurc 7 in No. 52.
The Marquis of Ripon to Lord Stanley of Preston.
(Telegraphic.) Downing Street, .January 18, 18915.
SEND home as soon as possible authenticated copies of I'l-otoeol si!j;ned bv capt;iiii
of "Vancouver KcUe," ond of chart showing line drawn upon chart of " Walter 1'.
Hall."
Inclosurc 8 in No. 52.
Lord Stanley of Preston to the Marquis of Ripon.
(Telegraphic.) January 19, 1S9;5.
YOUR Lordship's telegram of the 18th January.
Protocol sent out by mail to-day's post with approved Minute of Council.
Chart referred to is at Victoria, British Columbia. Ha\c telegraphed for it, l)ut
it cannot get here for ten or twelve days.
Inclosui-e 9 in No. 62.
Lord Stanley of Preston to the Marquis of Ripon.
(Telegraphic.) Jununnj 20, 1893.
YOUR Tjordship's telegram of the 18th .January, and my last telegram of tin;
19th January.
Telegram from Victoria says schooner " Walter P. Hall," Prowu master, sailed
for Japan waters, sealing, five days ago, chart on board. Collector of Custonis,
"Victoria, has written to master, Y'okohama, return chart.
No. 63.
The Earl of Rosebery to Sir It. Morier.
(Extract.) Foreiyn Office, February 8, 189:5.
WITH reference to previous correspondence respecting the seizure of Pritisli
sealing-vessels by Russian cruizcrs in Rehring Sea, I transmit co])y of a further letter
from the Colonial Oflice, inclosing copies of two despatches from the Governor-Gciieinl
of Canada, with Minutes of Council and affidavits, respecting the seizure of tlio
" Carmolite," " Maria," and " Vancouver Belle."* Further adidavits as to the seizuiv
of the " Rosie Olson " and the interference Avith the " W. P. Hall " are also inclosed,
I have to instruct your Excellency to present those atUdav'ts and statements ol'
claim to the Russian Government in the same manner as the evidence previously
forwarded.
• No. as.
in
No. 54.
Sir B, Morior to the Earl of Rosebery. — {Received March 6.)
My Lord, ,S7. Pelersbun/h, March 2, 1893.
1 H.VVE tlic honour to transmit herewith to your Lordsbip a copy of a note which
i Imvo addressed to the Russian Goverinnent, in compliance with the instructions
contained in your Lordship's despatcli of tlic 8th ultimo respecting the seizure of
certain Ihitish sealinf>-vessels Ijy Russian cruizers in the North Pacific.
I have, &c.
(Signed) R. 13. D. MORIER.
j i
Inclosure in No. 54.
■GtV R. Morier to M. Chichkine.
M. Ic Conseillcr Prive, .S7. P'-fpy^hr-rj},, Fdrur^ry (21), 1893.
AVi'ril reference to previous correspondence, I have tlie honour to transmit
liercuith to yi)ur I'^xcellency copies oi further documentary evidence respecting the
seizure of certain British sealing-vcssels hy Russian cruizers in the North Pacific.
These documents (!onsi;it, as yoar Excellency will perceive, of copies of original as
well as amended and supplcmeiitavy sworn statements, declarations, and particulars of
claims having reference to the cases of the "Ariel," " Willie McGowan," " Rosie Olsen,"
"Maria," and the "Carmolite," which were brought to your E.\cellency's notice in my
notes of the I7th (iiOtli) November, and 9th (21st) December, 1892, as also of copies
of evidence of a similar nature concerning the cases of the British vessels the "Walter
V. Hidl " and the " Vancouver ]Jelle," which I have now the honour to lay before your
Excellency for the first time.
l''rom the declaration of John Brison Brown, master of the schooner " Walter P.
iliill," of Maitland, Nova Scotia, which left Victoria on the 13th May, 1892, it would
appear that on the 17th August last, while that vessel was 25 miles south-west of
Ikhring Island, siie was hailed, and her master ordered by Captain de Levron, of the
Imperial cruizer "Zabiaka," to take his papers on board that vessel, which order
was obeyed. After an examination of the papers the chart was demanded, on which
Wine shown the daily positions of the schooner while in waters cast of the line of
demarcation.
Captain de Levron was apparently satisfied, hut notwithstanding that the schooner
was, at the time of the interruption, at least 25 miles from the nearest land, he ordered
her master to depart " out of Russiiin waters forthwith."
The master of the " Walter P. Hall " demanded to be informed as to the limits of
asserted Russian waters, when Captain de Levron drew on the schooner's chart a line
from Cape Chalutka, ou the coast of Kamtcliatka, to the most southerly point of the
Aleutian Islands. He likewise made an entry in the official log of the schooner to the
cHVct that the latter had been within Russian waters for sealing, that her captain had
received warning not to cross Russian waters any more, and had signed the notice of the
liussian Government.
J. B. Brown acknowledges signing this document, but states that he did so under
the threat of seizure and to relieve his vessel and crew from such peril.
\\c finally points out that this forcible interruption of his legitimate cruize resulted
in grievous financial loss to the master, crew, and owners of the " Walter P. Hall."
The facts as to the case of the " Vancouver Belle " are briefly as follows.
That schooner, commanded by Captain AV". H. Copp, cleared Vancouver in February
]^1)2, to cruize in the North Pacific Ocean and the Sea of Okhotsk, and on learning on
the 18th June from the otter-hunting schooner "Olga" that the modus Vivendi between
England and America was again in force, crossed over to the Russian side of the Pacific
Ocean.
On the 12th August, when in company with the American schooner " Anaconda " at
a point 20 miles distant from the south end of Copper Island, the boats were put out and
eoniraeneed sealing to the south-west, the vessel being under sail. Shortly r.fterwards a
steamer was sighted to tl>e north-north-east ; the boats were recalled and brought on
board, having taken no seal that day. Tiio steamer, which proved to be the Imperial
cruizer "Zabiaka," after coming within distance, fired a gun, when the "Vancouver
Belle " hove-to, and the captain, in obedience to a summons, went on board the
"Zabiaka." His papers were examined, and Captain de Levron, after asking him
whether his Government did not know that he could not go to the Sea of Okhotsk, and
cross-examining him as to his cruize of 1891, said : " Captain, you went to the Behring
111
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> '
i.v
m^\^y
ff^'if
Is, PFI
li
112
Sea last year and the American cruizers drove you out ; you woidd have gone this year
only were prevented by the same reason, and now you have crossed the American line
and come into Russian waters ; tiiercforo I will seize your vessel."
Captain Copp protested against the seizure on the ground that, being 24 miles away
from any land, he considered he was on ihc open high sea, and was following a legitimate
hunting and scaling bus'iness.
To these rcnuirks Captain de Icvron replied : " II does not matter to me what you
consider to be the line of demarcation of tlie Bohring Sea and the waters of the Pacitic
Ocean ; my instructions from my Admiral arc to sc'ze all vessels found sealing noith of a
line drawn from 3 miles south of the southernmost Aleutian Island on a parallel of
latitude to the Kamtchatkan coast ; but I use my own disi'retion and have seized four, and
you are the fifth ; I could have had twenty as well as four."
After this conversation the vessel was formally seized and her captain and most of
her crew were transferred to the ''Zabiaka,'' where they found fifteen men of the
"W. P. Sayward," who had been captured in boats."
Captain Copp and his crew were treated with great kindness and consideration
by Captain de Levron, who expressed great symiiatliy for the former, stating that
he believed in the truth of his protest, as also that it was a misfortune for him that ho,
Captain de Levron, had seen the other boats and had picked them up, otherwise
the " Vancouver Belle " would not have been seized that day. It was finally determined
by Captain de Levron, after a correspondence which is given in cxtcnso in Captain Copp's
declaration, that the "Kosie Olsen," a British sealing-vessel which had been previously
captured, should be condemned as worthless to the Russian Government, her name
changed to the " Prize," and having been provisioned for thirty-seven men, handed over
to Captain Copp for his own account to convey him, his crew, and fifteen others, who
were entirely destitute, to Vancouver. Soon after reaching Petropaulovski on the 17tli
August, this arrangement was completed, and v\hen Captain Copp had signed, under
protest, a Protocol giving the circumstances of the seizure of the " Vancouver Belle," he
started in the "Prize" on the 23rd August, and arrived at Vancouver on the 21.st
September, when the latter vessel was made over to the British officials.
Captain Copp states that his treatment by the Governor of Petropaulovski was very
different from that he received at the hands of Captain de Tievron, and complains
bitterly ot the hardships he had to endure when in that port.
I have the honour to submit these cases to your Excellency, as also the above-named
fresh evidence to the other cases previously submitted, without comment, feeling
confident that they will receive the most earnest consideration of the Imperial Government.
I avail, &c.
(Signed) R B. D. MORIER.
No. 55.
The Enrl of I'osrhrry to Sir R. Morier.
Sir, ^ ^ Forei(]:i Office, March 8, 1893.
I HAVE received your E.xccllcncy's despatch of the 2nd instant, forwarding
a note which, in compliance with the instruct ions contained in my despatch of the
8th February last, you luive adilressed to the Ru-sian (Jovernment respecting the seizure
of certain British sealing-vcssels by Russian ciuizers in the North Pacific.
1 have to acquaint your Excellency that the terms of this note are approved by Her
Majesty's Government.
I am, &c.
(Signed) ROSEBERY.
No. 5G.
Colonial Office to Foreign Office. — {Received March 10.)
Sir, Downing Street, March 10, 1693.
WITH reference to the letter from this De])artment of the 24th January respecting
the seizure by the Russian cruizer " Zabiaka" of the British sealing-vessel "Vancouver
Belle," I am directed by the Marfpiis of Ripon to transmit to you, to be laid before the
Earl of Rosebery, a copy of a despatch from the Governor-General of Canada, forwarding
what is presumed to be tiie otlicial Protocol of the seizure of the vessel.
I am, &c.
(Signed) JOHN BRAMSTON,
-113
Inclosure 1 in No. 66. "
Lord Stanley of Preston to the Marquis of Ripon.
My Lord, Government House, Ottawa, February 18, 1893.
WITH reference to your Lordship's telegraphic message of the 8th instant relative
to a document in Russian, required in connection with the consideration of the case of the
" Vancouver Belle," I have the honour to transmit lierewith copy of an approved Minute
of ihc Privy Council, to which is attached, with other papers, a Russian document which
is presumed to bo that required, though it appears to be in some respects imperfect.
I have, &c.
(Signed) STAXLET OF PRESTON.
:>l
Inclosure 2 in No. 56.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency
the Governor'General in Council, on the lith February, 1893.
THE Committee of the Privy Council have had under consideration a telegram
hereto attached, dated the 8th February, 1893, from the Marquis of Ripon, stating —
" Document required is Russian Protocol signed by De Levron and master of the
vessel."
The ^liiiister of Marine and Fisheries, to whom the telegram was referred, states
that it will be remembered that the master of the " Vancouver Belle " made an agree-
ment with the Russian officer who seized his vessel, 'ihereby that officer condemned and
handed over to Captain Copp, for his own use another seized British schooner,
the " Rosie Olson," as a means of transporting to Victoria some thirty-six sealers from
his own and other seized vessels.
The Minister further observes that reference to the Minute of Council of the
20th December, 1892, detailing the circumstances attending the seizure of the British
sealiiig-schooner " Vancouver Belle " by the Russian authorities in the North Pacific
Ocean, shows that on arrival at Vancouver the late master of the " Vancouver Belle "
handed the schooner, " Rosie Olson," then called the " Prize," over to the Collector of
Customs, together with documents touching the seizure of his vessel and the arrangement
above referred to.
The Minister further states that these papers were forwarded to the Department of
.Marine and Fisheries in connection with the disposal of the vessel in que.stion.
They are hereto appended as follows : —
1. Letter from W. H. Copp to Collector of Customs of the 22nd September, 1892.
2. Protest against seizure of the 12th August, 1892.
3. Letter from W. H. Copp to Captain de Levron of th-i 18th August, 1892.
4. Letter from Captain de Levron to W. H. Copp of the 20th August, 1892.
5. A Russian document, presumably an imperfect copy of the Protocol required.
Further reference to a statement covered by the Minute of Council above
referred to reveals that Mr. Copp states that he was compelled by circumstances to sign
the Protocol, and he refers to a note at the bottom dictated hy Captain de Levron, and
written hy himself in English. Further on he states — "Copy of the Protocol was then
made for me ."
The Minister further observes that although the Protocol forming Appendix No. 5
to this Minute is in a language unknown to him, it does not appear to have been signed
by VV. H. Copp, nor does it contain the foot-note which he states was written in
English by him on the original, at the dictation of Captain de Levron.
The Minister furtlicr states it is the only document in the Russian language,
however, which was forwarded by the officer to whom Captain Copp says he handed all
documents, and who states he transmitted all papers delivered to him.
The Committee advise that your Excellency be moved to forward a copy of this
Minute, together with the original Appendices, hereto attached, to the Right Honourable
the Secretary of State lor the Colonies.
All which is respectfully submitted, for your Excellency's approval.
. . (Signed) JOHN J. McGEE,
• •■;.'",*.-"'. Clerk of the Privy Council.
i
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5 ':'- ■
it- H
n .. iff
[504]
lU
Inclosure 3 in Ho. 00.
The Maniuin of liipon to Lord Stanley of hcfton,
(Tologinii1\ic.) Hoirninij Sirrd, Fchiiiaiii P, ^HW^,
YOUU iloNpfttch of the Jltli .lanunrv. Doruniciii iLM|ui»c(l k HuHHiaii Protocol
■igucd Ity Do licvron niul umHtcr ol' voshcI.
A}i)inn(li\ No. I,
Sir, I'liiKKiinr, Urilish Culinnhiii, Si/i/ciiilio' I!2. IH'.I'J
T, W. II. ( 'oi'l*. llOlcliy linilil over til Vimi, »S i 'nlli'ildr nl' ( 'iihIoium, (lie mcIuhimit cullnl tlic '• \'\\/i\
wliloh Wfis givi'ii iiio, iH jicr mpy nt' li'llcr incloiu'il, in loiiMiilriiiliim of my iiiicli'itiikint,' In ciiniliiil |||,.
OXiH'ditioii iimncil in sniil let I it Ion |hiiI in l!i iliMJi ( 'oliiMiliiii. My iciiHdn I'lii' j^'ivin^ 111 in M'hki'I "I'ii/c'
into yonv IiiuiiIm is tl\iil niiivin^ lii'ic in |iiiil willionl pii|M'rM oj' nny liimi ('Xn'|i(, lln' Ii'IIit nM'nllmicil.
iiud iinolliiT Ii'tti'i' IViini the HM«Mi:in Ailniirnl, In .slmw l,ci m1m|im "I' wnr dm my iuismh^c in cimi' I \\m
SlinkiMi. wliicli li'llcv 1 iilso 'nrliisi' ; nnil lli;il, licin;; liiiiiMc Id iimi' IImm scliniiiii'i' witlionl nllnv |iii)iriii.
I wduUI iisk tlii> ("i\nnili;in (JovcMnnicnl fur ii'j;i,slri\linn iiiiih'Vh, hd IIiiiI I niiiy lie iilili; (n clcnr Imt, i niii-
plyiiii; wilh iinv Ko^nlntiDnN (In- (iDviMiimonl nmy riMiimc
1 nnilorst 1111(1 thin vokncI wuh lovnicMly nwni'il in X'ictDiiii, HiiliHli ( 'nliimliiii, iiml cnllcil llw " lldiiiu
Olaon," mill ciM/cil niul I'DiilisiMlcil liy I lie l!-.iMNiims dii mii ii1I(\l;i'i1 cliiitc^c dI' illc^jnl Hciilinj,'.
1 ftlsD iiicloHc y(i;i II CDiiy of my inntrHt iijiaiiiHl tlic aci/.nrc nf llic " Viinrnuvcv Itclli'," iiml mIkh
copy (if luy wvilU'ii iviiiu'si tn luoviilo a iiiciuim lor tlic lriuis|)iutiiliDii nf tliir(y-Hi\ Kcizcd mciiIi'Ih to tlioir
houiCH in bi'iliuli ('oluiiil>ia.
ViMU'H (nily,
(Sinned) \v. jr. corr.
J. M, Bowoll, £."»<]., Viinemivor, lUiti<il\ Ci>l«ml)in.
Appondix No, '2,
Sir. J-',<rMM2, ISO'J.
1 lii'ivl>y pviili'sl nijninsl llii> Rcizuvo of my vessel, Ihc sclioniu'i' " Vancouver Uti'.ld," of Viiiu'oiivcr,
British ('oliniil'ia, liuvinij on Imiivd (il7 sailed .seal-skins, of wliieli ',V.\C) were taken in Mm eoieM wnteruif
Bviti.sli (\>liiinliia and Alaska IVoin '20 to (10 miles olV iVom slioie, and the Imlant'o taken in tlie I'acilio
Oconn from W to 1," miles IVoni llie sliores of (^>llllel• and Belwin^' Islands; and at no time simo
coniini:; 1o tliese waters liiis my ves-sel or lioals lieeii lienvev llie slioies of ('o|i|iei' or l>elirin}» IsImiiiIs
tlinii 1.'> miles ; and at tlio time of seizure (iLMli Aii,L;iisl\tlie Moiitlipriiii'Ost |)ointof Co]i]irr I,Mland,li(in'
north hy cast a di.slaneo of 2\ miles,
And 1 lunehy solemnly prolesl aLiain.sl siieh seizure, never liaviiij,' any knowh-dgo of any I'rocla-
ination deliiiiii^ ttie lioiiiular\-litie near tliese islands oilier tliiiii a ii'iiort of a U-mile litnil iirnuiid llirae
i.slaiul.s, iiKside of vliich were claiiiu'd as L'ussian waters ; neither iiad I any warning to lotivo Ihe.so
waters forthwitli.
(Signed w. n. corr,
Master, " Vnnanircr Ikllr"
To tho Conunander of the I'u.ssian eruizfr " /nhinka."
1 horoVy certify that tlii.s eopy, signed hy W. If. Copp, is oorroofc from tho protest duly rect'ivcJ
from the master of the schooner " Vanconvor Uellc."
Au^u^ 8 (.20), 18Sti.',
(Seal.) (Signed) B. DR Lrvron,
Vapfain of His Imptriat Majexty^s Ruitinix
cmizcr " Znbiaka,"
Appendix No. 3.
Pear Sir Anf/nst 18. 18t»2.
Havinp, with uw crew, li^'on thrown upon the foreign shores of Knnischatka, in con.se(iucncc citlib
■eiTuro of my vessel, the .schooner "Vancouver Belle," l\v your order, on the 12th August., 1892, 1
hereby lieg thiit you will use ycnn- best eiuleavt v.rs to arnmge some way that myself and my crew of
twenty-one men, toLielLer with tifteeu others, wlio are entirely destitute and at your mercy, way as
quickiy a.s possible leave the shore of Kamsohutka for our respective homos in America, and to facili-
tate' such an undertaking:;. Seeing tliat no chance otTers by steamer or otherwise, I would earnestly beg
to request that you will tit out and provide me with one of the .scaling-scliooncrs that you have lately
sei7e(l, and with these thirty-s(>ven men dispatch me in charge of the .schooner, which charge I hereby
promise to faithfully perform. Many of tliese men are without clothing, and the longer they remain in this
cormti'y tl»e greater will bo this siiti'ering when cold weather seta in ; and you will bo granting a fuTout
by giving the request your careful and earliest consideration, aud inform n>c as to your decisioa
And your bmnble servant, in duty bound, will ever pray.
Very truly yours,
(Signed) W. H. COPP,
Ev-master schooner " Vancouver Belle"
C&ptaiu de Levron, commanding Bussian ^_ _^ __ __„^_
cruizer "Zabiaka." — ™-'
115
'i-.'.
I ■" \l
i\|l|H)lllli.\ N". 1.
|(|.;irSir, Aii;/iiHt H (JO), 1H02.
Ill i(';;iiiil I'l yniir iciiiichI, diitdd tin' iHlli AiihmhI, I Imvi' i iiicCiilly loiiHidnKiil wlinl, yon wiy, iiiid,
III iiiiHWiT, iijiiy Htnti' llmt I linvn ikiw IiiKcii tlii' ii"i|HiiiHiliiIity, imd, iic'irdiii^' f'p tln! iilxivcHiiid ir'(|ii»'»t,
I iiinv driivi'i' 111 yiiii I'll' yiiiii' own iiri'oiiii'„ (lie, Mi'lioomr " I'li/.c," \vlii('li will Im Hii|i|)li('il with
|iiiiviMions for forty divyn fur thii roiii|il('iiii'ii(. of iiii'ii wliiili yon will Imvi' on lionnl, viz., lliirty-«ov«n,
iiikI will jiiil lii>r ill ;{iiiid oiilcr for Uio voyn^rn wliiiji yon will iiiidi-i't,iiki'.
I ri'i|uiro lliiit yon hIiiiII iilinti llii' ini-ii on liouid tliti " I'li/.c," uiid in dnr lonrmi, wIkiii rrtiidy, nnil
tvilli nil diH|iiilrli III II ( 'nninliiiii poll,, iind on your iiniviil In Htiidi |i(irl iliwliiiri^ii tliu illicit Ctuiii lltc
'il iicr " I'ri/r " licroi'i' II duly iiiillioiixi:(l IliitiHli oDii Jul.
(Siyiifd) I!. I IF, LKVFtOX.
t'li/ilnlii iif //in fiii/iiriiil Afiijinty':! lliiKtinn
rrviz'i' " Philiiiihii."
Cililllill W. II. <'o|ili,
.MiiMli'r of Ijii' Huizci] Hrliooiior " Vmioonvin' lii'lli'."
, -■ •,..;,.
A|i|n'iidix No. Ti.
Oiilri' iiHiifil 1)11 hull I'll llii; " /iiil>iii/,ii," Siiniiil-ilum l'iiii~.i:i\
('fiiitiHlalioii.)
W'liiiiciiH i> I'roloi'ol wiiM diiiwii ii|i on llic .".j.^l diily jii.4t liy a ' 'oniniiHHioii (i[H)oinl,i'd liy ino on Iho
L'Hili .liiiiii (tiidrr iVd. ()(») f(i NPiiri'li llm nrliooiicr " Viinnonvcr Itidl"-:"
.\iid wIk'Ii'iim nil Ordi'i' wiih isiHiii'il liy llm |ni|M'riiil |{iiMniiiii (lovi'iniiiinit in IHMI :
And wlitiriiii.M an Ordtir wiih JBHiiiid liy tint Oovi'mor-dnnnal of Kimtmii Milmria on tbe lit
N.ivcinlicr. |HH:1 (No. 1171):
And wlKiroiiM iiiHtriiclioim Wfro (^ivon to th« oriiizcr (in tliu 22iiil April, lH9li(N'<). 142S) by Utt
Coiiiiiiiindiinl of llio Tort of VhidivoHturk :
N'fiw, lln-rfforc, I, flm Pommandcr of tbo afornHnid criiiznr, r'aptiiin of tlio 2nd Cla«H BoriH
Kiirlovi(.*li <lo Li'vmn !!rd, order iin follows, tlii.i 7th day of Aiij^ii.qt, \H'.yi;-—
1. Tim HidiooiK'P " Vnnrxiiiver itidW'" \n U> bn roiiliMCAted and tak<'n to VladifmtfKfk under tho
I'liiiiinaiid of nil oDicor,
2. A coinplolAi iiivoiitory of uvi^rytliing on Ixmrd tlio «cliooiier shnll U' made bii her crriTal at
I'cliiipiivlovsk.
.'•. So iiiiii'li of lii'r rar^o uh will not licar kiinpin^ lo^^fitliur with tlio Hpnro boatii utvl tackle shall
lir> Hold liy iiuc'tioii iit tln! port of I'lilropavlov.Mk for tlio li(tin:lit o( tint jxihlio Kxcliwjuer,
'I. Tilt' Nriil-sk iiR shall hv linridftd ovit to Hki Oovernor of tlic Coniinandor Inland.s, who ftliall be
nskt'd for a receipt.
fi, Tho prcmjiit (Jrder sliiill lie connnunicatofl to tho proper Riithoritim,
0. (!opi('n of tim Protocol and the prcHont Order ihall lif xivwi to W. IT. O/pp, the mwitcr.
Signed) DK LKVKON MA,
(JtipUim uj llu 2ud (Jluti, C'(/uimaiuUr o/ (he
2nd C'fase crvizer " 2ulnciku."
A true ropy:
(Sij^'iiod) LliafTKNANT UkZKIIOVNV, yl«'//^r.
(Seal of tile" Zubiakn.")
il!
..1
'■ I,
No. 57.
The Earl of llosebery to Sir R. Morier.
Sir, Foreign Office, March 15, 1893.
WITH reference to my despatch of the 8th ultimo, I transmit herewith a copy
of a letter from the Colonial Office,* inclosing further papers received from the
Government of Canada in connection with the seizure in Behring Sea, by the Russian
cruizcr "Zabiaka," of the BritiHh sealing-vcssel " Vancouver Belle."
Among the documents inclosed in this letter as Appendices to a Minute of the
Canadian Privy Council is one (No. 5) which appears to be a copy of an Order issued
by Captain do L^vron, commanding the " Zabiaka," for the confiscation and di.spo.sal of
the " Vancouver Belle " and her cargo. A translation of the paper made in this Office
is annexed for your Excellency's information, together with the Rassian copy.
I request that you will have the goodness to furni.sh the Russian Government with
copies of the papers appended to the Minute of the Canadian Privy Council, in addition
to those previously supplied with reference to the case of the "Vancouver Belle."
I am, &c.
(Signed) ROSEBERT.
',
l-fijni
i
'ill
\ . "■ ■^ ' : 1 _
!,(:,.
* No. 56.
Twrr
116
a
e
'^^ , No. 68.
Sir J?. Moriei to the Earl of Rosebery. — {Received April 4.)
My Lord, St. Petersburgh, March 28, 1892.
I HAVE the lionour to report that I have transmitted to the Russian Government
copies of the papers appended to tlie Minute of the Canadian Frivy Cou" il respecting tlie
seizure of the British schooner " Vancouver Belle " by the Imperial cruizer " Zabiaka,"
which were inclosed in your Lordship's despatch of the 15th instant.
I thought it best to furnish M. Chichkine with the Russian text instead of a trans-
lation of the order issued by Captain de Levron for the confiscation of the " Vancouver
Belle."
I have, &c.
(For Sir R. Morier),
(Signed) HENRY HOWARD.
No. 59.
Mr. Howard to the Earl of Rosebery.— (Received May 16.)
My Lord, St. Petersburgh, May 3, 1893.
DURING my interview with M. Chichkine to-day I informed him that your
Lordship had observed that, in his note of the 6th (18tii) April to Sir Robert Morier
respecting the measures proposed to be adopted for the protection, during the coming
season, of Russian sealing interests in the ^ orth Pacific — which note, as he already knew,
was receiving the immediate and careful consideration of Her Majesty's Government — his
Excellency had stated that the examination has been made by the Russian Commission
ad hoc of the several cases of British vessels seized by the Russian cruizers last year.
With reference to this statement, I added your Lordship had requested me to urge his
Excellency to furnish me with the answer of the Imperial Government to the repre-
sentations on the subject laid before them by that of Her Majesty at the earliest date
possible.
M. Chichkine replied that the Commission had completed their examination of the
cases in question, and that I should receive the answer 1 had requested very shortly. I
asked his Excellency when I might really expect this reply, as your Lordship was
naturally anxious for information on this point ; to which he answered that he could not
fix the exact date, but that it would not be long before I received it.
I have, &c.
(Signed) HENRY HOWARD.
i. ...
.
.k.lv.. fA'-i.
w-n„
KUSSiA. No. 3 ri893).
D K S P A T C H
PROM
l»l
. \
8JR R. MORIER,
' '■:
INCLOSING TUB
REPLY OE THE RUSSIAN GOVERNMENT
IN REGARD TO THE SEIZURES OF BRITISH SEALING
VESSELS BY RUSSIAN CRUIZERS
IN THE
NORTH PACIFIC OCEAN.
Presented to both Houses of Parliaiw^nt by Command of Her Majesty.
June 1893.
LONDON:
PRINTED FOR HER MAJESTY'S STATIONERY OFFICE
BY HARRISON AND SONS, ST. MARTIN'S LANE,
rniNTKRa IN ORDINARY TO HER UAJIglY.
And to be pirchaaed, cither directly or through tny Bookieller, from
BVRI<: ANU SPOTTCSWOODE, East Haroino Strkrt, Flkit Strkki. E.C, and
' ' 32, Abinodon Strist, Wkstminstrh, S.W. ; or
>.,-■[: ;•■ JOHN ME.NZIES «c Co., 12, Hanovfr Strskt, Edixburoh, and
90, Wist Nile Street, Glasgow) oh
HODQES. FIGGIS, & Co., Limited, 104. (iHAFTOt) Stkcet, Dublin.
[C— 7029.] Price 2d. . •
,■1- '
M \^r ;■-;!•.
! ,i±
u
I^ospatcli from Sir \\. Morior, inclosiiiij tliM Koj)Iy <>1 the Uussiim
(lovcrinncnl in ivjjfard t* tliu Seizures ol iJi'ilisli Sculiii^r
Vessels l»v lliissiuij Ihiii/ors in ilio Norlli l*i«'ifi(' Ocean.
sir l{. ^fo)■ipr In llir Harl of Rnsehvnj. — {Rrcrlvrtf June Ifi.)
My Lord, ^7. Pctcrnbunjli, June VI, IHiK).
1 HAVK rociMvcd from iM.C'liiclikin'.' a rc|)ly to my notes of the 17tli ('2!)lli) NovcnilH'r,
4tli (Kifli) iind !)tli (2 1st) Di-ccmbor. rospuctiiii? tlic captmv of Canadian soalcrs in the
Iklirini;- Sea. This note transmits two inclosures, nivini; the suhstanee of tlie llcports ol'
tlic Special (\imniission appointed to examine and pronounce upon tlie (|uestion. 'I'lic
tirst has reference to tlie (•()in|)laints and accusations hioui^ht by the crews of some of the
scalers for hardsliips declared to iiave been suffered at tlie hands of the olTieers by wlioin
they were captured. As these wei-e maiidy din-eted against Captain de Livron, ('oni-
niander of tlie " Zabiaka," and have been refuted by tlie dcclaratiors of that ofFieer, who
was cited before the Commission and cross-exainiiicd by tlicm, [ think it right to observe
that I have ascertained hcyo!.d a doubt that Captain (W l^ivrou is a straightforward saihir
and an honourable ijcntleman, (piite incapable of the brutalities imputed to ijii . by the
captains of the " Willie MeCiowan " and the " Ariel." It is also worth remarking that the
evidence of some of the other ciiptains, especially that of the master o( the " Vancouver Ueile,"
stand in the siro:.n;est contrast with tiiat of the above-named masters. Lastly, the inl'oi-
mntion now furnished to us entirely confirms my view of the case as sugi^csted in my
note of the 17th {2!)lh) N'oveinber, that the persons really responsible for the hardships
suH'ered were the civil authorities of I'etropavlovsk, and not the naval. .\s regards these,
M. Chiehkine states that the nggrieveil parties can, in the ordinary course of law, seek
redress either frtjin the su|)eri(n' navid authorities or througli the competent Tribunals.
The second M( morandum is of far greater importance, because it lays down the
general principle, in virtue of which tlie schooners were captured. It is as follows: —
That the canoes and their crews are part and parcel of the schooners ; they arc the
instruments with which the latter carry on their fi^lling operations, and in the present
cases they were furnisiied with the special apphances, viz., clubs for the destruction of seals
on shore, and wholly useless for the purposes of pelagic hunting. A schooner, therefore,
whose caimcs can be proved to have hunted seals within territorial waters, though hciscif
captured outside those waters, is as criminally responsible for the acts as the canoes
themselves, iuid even if captured in the open seas becomes good prize : " Dans son
appreciation de la legalite des captures ctfeetuees .... la ('onunission s'est inspiree d'uii
j)rincipe dont on ne saurait eoutester le i)on droit et lY'quite. Kile a reconnu de bonne
prise tons les biitiments dont les chaloupes avaient ete aper9ues ou arrfitees dans nos eaiix
tcrritorialcs. II est indeniable en elf'ct (piJ les chalou|)cs constituent, juridiqucnient
parlant, une dependance dii schooner auquel elles appartiemient. Leur saisie duns des
caux territoriales rend par eonsenuent parfaitcment legal I'arrestation du bfttimcnt dont
elles font en (piclijuc sorte partie. S'il en etait autrement, un schooner pourrait impune-
nient faire la chasse anx otaiies sur les cotes en y cuvoyant ses cl'.aloupes, et enfreindre
ainsi I'invinlabilite des eaux tcrritoriides, tout en sc tenant Ini-meme hors des dites
eaux."
Applying this principle to the case of the six captured schooners, M. Chiehkine
informs me that fourof tbeui, the " Marie," " Hosie Oisen," " ('armolite," and " Vancouver
Belle," have been adjudged good prizes, as the evidence that their respective canoes
captured seals either actually in liie rookeries or within the .'i-mile limit was eonchisivc ;
whereas, thouglj the moral evidence was equally conclusive iu regard to the " Willie
McGowan"and "Ariel," the canoes themselves had not been actually seen within the
territorial waters.
8
AcconliiiKly, as ii'k»i'<Is tlic two li\tt<r, the llnssian novpinmont is ready to ciitcrlain
the (|iu'stioii of iiKlcinnifyinfi' f Ik; owikth and tlic crews.
A (act elicited in the courHe of these iiu|iiirieH, viz., tlie enonnous proportion oC
feinnles — ns much as UO |)er cent. — found on i)ourd the sealers, and eaii;j;ht either while
with younp; or nnrsini;, at a tini(! when it is inipossihle for them lo leave the rookcriis,
iitlonls a very conclusive [troof of the skill and knowledi^e with whieh the.se poaehini;
expeditions are conducted and of llieir deadly <le8lruetivcneHs.
I have, &c.
(Sif,nieri) K. 1$. I). MOItlKK.
Inclosiu'c 1.
^f. dhirhkinc to Sir R, Morier.
M. rAminssadcur, Hainl-Prlrrshounj, le 29 Mai (10 Jidii), 1803.
.)'Ai cu i'honncur (k' recevoir l(s notes (pie votre Kxcellence a hi(;n voulu adrcsser au
Ministerc Imi)erial en date du 17 (2!)) Novenibre, du 4 (l»i) ct du 1» (21) Deeeinhre, 18!)2,
rclalivenient a I'arrestation dans la Mer de Hehrina dc schooners et (le chaloupes de peehc
Canadicnncs par des eroiseurs liusses.
Une Commission Spi'eiale ayaiit c-te inslituee par Decret Imperial pour I'cxamen dcs
conditions dans iescpielics ees arrestations avaient 6t6 faites, le Ministere [inperia! ii'a pas
iiuuKjut! de souineltre les depositions (" allidavils ") des eapitaines et des ('(|uipae,es des
schooners en (pie.stion annexees aux notes susmenticnni^'es.
Kn reponse a ces communications je me fais un devoir, M. I'Amhas.sadeur, de vous
transniettre aujourd'hui les deux notices ci-jointes.
Votro Kxcellence voudra hien relever de la lecture de la premiere dc ces pieces (pi'ello
fnif justice des assertions des ccpiipayes Canadiens (juant aux privations (pi'on leur aurait
inflii-'t'es a Petropavlov.sk. De I'avis du (Jouvernemenl Imperial la ("oininission a |»leine-
iiient (jlucide cette nuUierc. Toutcfois, si les interesses le ju,i;eaient necessairc, ils ont la
faculte de se servir du rceouis renulier institu(j |)ar la ioi, pour pr(Jsenter leurs rticlaniiUions
suit a l'autorit(J supiirieurc de la Marine, soit au Tribunal competent.
Quant aux declarations des eapitaines des batiments Canadiens, d'aprSs lesquclles ils
auraient et(j inenac(js d'etre traduits devant une cour martiale ou deportds en Sib(jrie, la
Commission ne les u pas eru de natuu; a (.Hre prises au s(irieux. Formellement ni('!es par
le Capitaine de Livron, ces menaces n'auraient eu aucune vaison dV;trc d(\ja par ee fiiit ()uo
la sii^nature du protoi;ole d'arrestation par le ea|)itaine du schooner netait nulleinent
indispensable pour la validit(j dc cet acte.
La Commission a relevt' en mfiiiic temps eonuiie eiitierement mal fondle une deela-
nition du capitaine de " I'Ariel " se rap|)ortant ;i mie pr6tendue insultc epic nos marins
auraient luite au i)aviilon I}ritanni(|ue. Une telle assertion aurait constitue une olfense a
notrc propre flotte, si son auteur s'(5tait rendu compte de sa portee, et avait bien pese ses
paroles au lieu de viser uniciuement a exciter des siisceptibilit(js nationale''. Ni la dis-
cijjline niilitairc, ni le respect de tout pavilion etranger comnic tel, (jui caractf^rise nos
marins, ne perniettent de supposer un seul instant que des homuies d'un (icjuipage de guerre
Russe aient |)u se permettre une oiiensc vis-a-vis du pavilion d'une nation amie. Le
Capitaine de Livron a affiruie a la C'ommis&ion de la fa(;on la plus formelle (]u'au moindre
fait dc ce genre, il se serait livr(!! sur ces lieux memes ;\ la plus severe enquOtc.
La scconde notice ci-prtis contient un examen detaille des circonstances (jui ont
acconipagn^ Tarrestation des schooners et dc leurs eluiloupcs. Dans son appreciation dc la
](}gitimil6 des captures effcetuees par les Commandants des croiseurs Russes et par le (Jhef
d'Anondissement des lies du Commandeur, la Commission s'est inspiree d'un principe,
dont on ne saurait contester le bon droit ct I'equite. Elle a rcconnu de bonne prise tons
les biltitnenls dont les chaloupes avait (iti; aper9i'es ou arrCt(jes dans nos eaux territoriales.
II est indeniable, en eHet, que les chaloupes constituent juridiqucment parlant une
dependence du schooner auqucl elles appartiennent. Leur saisie clans des eaux territo-
riales rend par consequent parfaitement legale I'arrestation du biltiment dont clles font
en quelque sorte partie. S'il en etait autrement, un schooner pourrait impunement faire
la chasse aux otarics sur les c6tes, en y envoyanf ses chaloupes et enfreindre ainsi I'inviola-
bilile des eaux territoriales, tout en se tenant lui-m^me bors des dites eaux. C'est h ce
vue (luc la Commission a constate la rt'sularite de I
pouit
M'
'Marie," " Rosie Olsen," " Carmolite," et "Vancouver Belle," et qu'elle n'a pas cr
pouvoir le faire dans les ens de la saisie des
[512J
ancom
schoonei
'>i
i
i
■ * It'
.1
" '1
' • <
■ '^ ■ : i-{i;:,-i^
" Willie MacGowan" et "Ariel.
J3 2
I
On nc saurail ci'|K'ii(laiit mtconnalliv Iai;i,nite (It's indices, (|ui out atiiciid lesC'oramandautM
ik" iios iToisoiiis i\ ctlet'tiiiT dcs |)er(|NiHitions u hord do cos dernicrs. [^ " Willie
MatUowiiii " a pris la liiite aiissitot, ajji^s avoir a|»('r<;u lo croisciir Russf; 11 a'a pas mis
I'll |iaiiii(; sur riiijoiiction dii " Zaiiiakn."
Si leCominaiulaiil dii n()i*('\ir liiis>-c ii'a |i:i.. vii Ics ilialoiipcs dii " Willio MacCJowan "
cliassunt ilief^aicniciit rul.nie dans iion cmv lenitiirialos, il cii avuit ote aviso par Wn
habitants dc la cole. 1^ pcr(|uisition revel i la presence h luml dcs ciifiins servant ii hi
cliassc aux otarics sur la cAte aiiisi (piu soixanlc-sLize peaux, doiit suixaiitc-iicul' 6t(vs
d'animaux ftmellcs, tut's par consequent pr^s dc la cote. Les 90 pour cent dcs pciinx
trouvcs sur " I'Ariel," avaieiit etc iirobalilenient aussi C){6es dc fcnielles-m^ies, ct provu-
naient d'otaries jirises dans les eaux tcrritoriales Ilusses.
L'imporlance de ces donndes ne fut pas iiiisi! eii doulc par la Commission ; ellc
nc les consid(!;ia pourtant pas comme dcs prcuves formelles, justiliant I'arrestation des
schooners, faute d'unc condition esscntiellc : leurs chaloupes n'avaient pas ^te apcryues
ciiassant I'utaric dans les eanx Ilusses.
En portant cc (|ui precede ii votre connaissance, M. I'Ambassadeur, jc me fais un
devoir dc vous informer, (|u'eii presence des conclusions ci-dessus cxpos^es de la Commis-
sion, le Uouvemement Imperial ne se refusfciait pas a proceder tl une estimation de
I'indcmnite li verser aux armateurs des schooners, " Willie McGowan " et " Ariel."
Veuillez, &c.
(Signe) CHICHKINE.
(Translation.)
.M. I'Ambassadeur, St. Petersbuirjh, May 29 {Jutie 10), 1893.
I HAVE had the honour to receive the notes which your Excellency was'so good as to
address to the Imperial Ministry, dated the 1 7th (29th) November, and the 4th (I6th) and
9th (21st) December, 1892, relative to the seizure in Behring Sea of Canadian schooners
and fishing boats by Russian cruizers.
A Special Commission having been appointed by luperial Decree to examine into the
circumstances under which these seizures were made, the Imperial Ministry did not fail to
lay before it the depositions (affidavits) of the captains and crews of the schooners con-
cerned which accompanied the above-mentioned notes.
In reply to these communications 1 make it my duty, M. I'Ambassadeur, to transmit
now to you the two Reports inclosed.
Your Excellency will observe from the perusal of the first of these documents that it
deals with the assertions of the Canadian crews as to the privations alleged to have been
inflicted on them at Petropavlovsk. In the opinion of the Imperial Government the
Commission has fully elucidated this matter. Nevertheless, if the interested parties
consider it necessary, they have the j)0wer to avail themselves of the regular course
provided by law in order to i)resent their claims cither to the superior naval authorities or
to the proper Tribunal.
As regards the declarations of the captains of the Canadian vessels, according to
which they would appear to have been threatened with being brouglit before a court-
maitial or deported t ~ Siberia, the Commission has not considered them of a nature to be
taken seriously. These threats, which Captain dc Livron has formally denied, would
have been wholly superfluous from the fact tiiat the signature of the protocol of seizure
by 'he captain of the schooner was not at all necessary to make that document valid.
The Commission has also noted, as entirely without foundation, a declaration of the
captain of the " Ariel " with reference to an alleged insult by our sailors to the British flag.
Such an assertion would have been an offence against our own fleet, if its author bad been
aware of its nature and had well weighed his words, instead of only attempting to arouse
national susceptibilities. Neither the military discipline, nor t'ne respect for all foreign flags
as such, which distinguish our sailors, allow it to be supposed for a single instant that men
belonging to the crew of a Russian man-of-war could have been guilty of an offence against
the flag o( a friendly nation. Captain de Livron has given the most formal assurance to
the Commission that on the slightest action of this kind he would have instituted the most
searching inquiry on the spot.
The second of the accompanying Reports contains a detailed examination of the
circumstances which accompanied the seizure of the schooners and their boats. In
considering the legality of the captures effected by the ('oinmandei's of the Russian
cruizere and by the District Governor of the Commander Islands, the Commission was
guided by a pnnciple the justice and equity of which cannot be disputed. It recognized
as lawful seizures all vessels whose boats were seen or captured ia our territorial
watciH. It eamiol, indeed, ho denied, that tiio houls eonstitule, jiiridicully, an appendai^o
of the sehooncr to whirli tliey Ijoiont^. Consequently their seizure in territorial
waters renders the cajitMre of the vessels, of wliieli they in some respects t'or.n part,
perl'eclly lei,'al. If it were otherwise, n sehooner coidd with impunity pursue seals .n. llio
consts hy sending' her hoats tli(!re. and thus mriiimc I he inviolahility of territorial waters,
altlioii,!:h hersilf reMiaiiiiu'^ outside the said waters. Takini; this view of the matter, the
Cnnmiission recognized the le<»ality of the sei/.mc of the seliooners " Marie," " llosic
Olsen," "Cnrmolite," and " Vaneouver Hello," hut was unahle to do so in the case of the
seizure of the seliooners "Willie Mc(Jowan " and "Aiie!." There cun, however, he no
(|iicstion as to the serious nature of the indie itims whieh indueed t!ic Commanders of our
criiizers to institute a searcii on hoard tliese last named vessels. The " Willie Met lowan "
took flight as soon as she had sighted the Kussian enii/.er, and she refused to heave-to at
the summons of the " ZahiaUa."
Though the Comniander of the Russian eruizei did nut :>ee the hoats of the " Willie
McGowan" engaged in the illegal pursuit of seals in our territorii\l waters, lie had heeu
inlornifd of it hy the iidiatiitants of the coast. The search revealed the i)i'csenee on hoard
of iin])lements used for sealing on the coast, ns well as of seventy-six skins, of which sixty-
nine had heen taken from female animals, who uuist, theri'fore, have heen killed close; to
the shore; 90 percent, of the skins fouiul on hoard the "Ariel" had prohahly also heen
taken from nursing lenuilcs, and helonged to seals caught in llu-sian territorial waters.
The importance of this evideu' e was fully recognize I hy the Commission. It was not
considered, however, as amounting to positive proof such as would justify the seizure of
the schooners, owing to the ahsenee of an essential condition : their boats had not heen
sighted in actual pursuit of seals in Russian waters.
In hringinj;- what precedes to your knowledge, M. rAmbassadeur, I consider it uiy
duty to inform you that, in view of the findings of the Commission as doscriljcd ahove, the
Imperial Government would not lefusc to proceed to an assessmtvit of the inlemnity to he
|iai(l to the owners of the schooners " Willie MeGowan " and " i* ('icl."
1 have, &e.
(Signed) ClllCnivINi;.
4
of the
)ts. In
Russian
lion was
cognized
erritorial
Inclosure 2.
Rp])ort of SppcinI Commission.
LA Commission charj;;ee d'examiner les documents ct les depositions sc rapportant k
la saisie, op^reo par des croiseurs Ilusses, de hatiments Canadians qui pechaient I'otarie
dans nos eaux territoriales, a soumis ii une enquetc d^taillee les plaintes formulees |)ar les
wiiiipages de ccs biltiuients au sujet de nuiuvais traitcments (ju'ils auraient subis ii leur
dcscente h Petropavlovsk. Ces plaintes consignees dans la note de I'Ambassadeur liritan-
nique du 17 (29) Novcmbre, 18!i2, et dans les de'elarations y anne.xe'es, etaient accom-
pagnees d'une reclamation contre les conditions tr^s onereuses (jui auraient e'te eonclues,
en vne du rapatriement des (5quipagcs en question, entre le commandant du "Zabiaka"
frt le capitaine du bateau Americain "Majestic.'' La Commission eut e'galement i\ so
prononcer sur cette reclamation, apriis avoir dilment pris connaissance des circon5tances
qui s'y rapportaient.
11 appert tout d'abord, tant des depositions verbales du Capitaine de Livron (juc des
documents tigurant au dossier dc I'aff'aire, que les mesures prises par le Commandant du
croiseur "Zabiaka" a I'e'gard des e'uiuipages des schooners arretos n'etaieut nullement en
ciaitradiction avec le principc mis en avant dans la note prt'cit6e de Sir R. Morier.
D'apr(}s r.Ambassadenr de Sa Majeste Britannique, les honimcs des schooners auraient
das etre mis en liberte en m6me temps que les bAtiments etaient captures. C'est ce que
fit, en efl'et, le Capitaine de Livron. Ayaiit opere la prise sans rencontrer de ri.'sistunce et
en ayant dress6 Protocole, il s'empressa de d(5clarer libres leurs capitaines ct leurs
Equipages. Aussit6t apres, conformement i\ ses instructions, il les transporta dans le port
Russc le plus proche. Le j)etit bourg de Pe'tropavlovsk comptant cii tout 300 habitants,
n'offrait pas de constructions particulifires assez grandes pour qu'ils pusscnt s'y loger. Ea
con.s^quence, il fut propose u ces hommes qui, encore one fois, n'etaient nullement en etat
d'arrestation et jouissaient de toute leur liberte, d'occuper le seul batiment de I'fitat qui se
trouvail disponible. Malheureusement il n'elait pas suffisamment spacieux. Le Com-
mandant du" Zabiaka" n'en apporta que plus dc soins i\ hiiter autant que possible Ic
rapatiieinent des equipages des schooners. II s'adressa a eet effet au capitaine du bateau
:<■ I
¥
Tpr
m
I ■■ r
olliciers i^t Iu8 iiiiiiinH du
(|iii coiiccmc los ('(fcfs dcs
6
Anu'rifiiiii " MiijcHtic" d nlilisii l(! schooner " llosio Olseii," dt'icliiri! U'-tfiileiiuuil do |iiisc
ct dont. Ic noiii aviiit viv cIiiiiiki' •'!! coliii dc " IVizo."
IjCs ('•<|iii|mi;<'s dcs scliooiicrH liirciit dislrilmi's dc In (in;oti Kiiivaiitr; lo "Mnjoslic"
rc(;ut viiitit-lroiH liommcs du " VVillio Miiciiow.iii," viii!j;(,-(|iiiilre dc " I'Aric'l," (■( viiif,'(-(lt'ii.\
d(! Ill " Hiisii: Olscii." !,(• " I'ri/.c" cii H(;iil six dcs cliidoiiiiiH dc " rAiiiiic Mooic," iicurdii
"ScywanI," ct viii^'t-dciix <lu " Vaiic()iiv<r licilc." Iah Iioiiiiiich dcH scliooiiors " Marie"
ct " ( iii'inolitc" (iirciil cnvoycs scparciiicnl ;"i V'ladivoKtoU sur le cioisciir " Vifiaz" cl, (li>
Ii\ nil •lapoii. Diiiiint Iciir scjonr i\ liord cl. dC^H Ic |M'cniit<i' jour de Iciir ilcl)ui'(|U(;iiictit, 11
flit aHsif^iic mix ('(|iii|)' ..rcH 1 ;'» kopecks dc liais dc suiisistancc par lionmio ct par jour.
Ccst ci; (pii apjicrt dc la coiT(;spoiidaii(H! olHcicll(! cciiaiim'jc ciilrc Ic ('apitaiiic dc Livnm
ct Ic Chef d'Arroiidissoiiiciit. Kii oulrc, Ic coiniiiaiidaiit dii "Zaiiiaka" riiit si Iciir
di«jM)8ilioii 1111 (iict ct dcs chaJoiipcs, pour (|u'ils pusHciit alh^r p»)clicr, (;l IcH (it aider par
(Ics inarins du croiseur.
Hi IcshonuncHdc la " ilosic Olseii " iic le^urciit IciirH frais alinu;iitaircs ipi'ik paitir
(111 <^ Aoi'lt, c'cst <|ue, jiisipic la, iJH out pu (uiiiHoiniiicr Iimiis proprcH vivi'(.'H, (|iii hMir
avaiciit (■!('! restitui's jjar Ic (Miel d'AirohdisHciinMit dcs lies Kominaiidorsky. On iic
Hiiiuait prendre au scrieux Ics reclainatiotiH di; (pielquoH hoiiiincs se plai)j;nant d'avoii'
(lA, Cante dc place, cuiicher A la hclk^ (■loile. II faisail, en efi'et, si chaiid a
Piilropavlovsk, aiix iiiois de .liiillct ct d'AoAl, qiu; les
" Zaiiiaka " eouchaienl <ii' piel/jrcnec! sur le pout, i'ln ec
liipiipa^cs, cpii Icur auraieiit dc cnlcvcs oil nc l(Mir auraicnt pas {'Ar, tons rcstitiids, hi
('oininissioii s'cst coiivaincue i\ur tonics Ics provisions (I'clli.'ls ("stores"), v^teiiuMits, has,
chaiissures, &e., (pii m; Mouvaicnt a hord di' la "Marie" ct dc la " jlnsic; Olscn" au
inoinciit de icur arieslatioii out elo rcniisijs par M. firclniitsky aux eapitaincs dc ces
l)A(iiiienls. F.ciir dcniaiide d'/^tre indenuiiscs pour la valcur do ces provisions so Ironve
done deiiuee d(! rondeiiient. Quant aiix autr( s sehooners, le (loininandant du " Zaiiiaka "
en proecdaiit a icMir arrestation laissa aux honiiiK's di; leiirs c(iuipau;os tons Ics cH'ets portis
par ciix ct lour appartcnanl. II ernt devoir, par contre, coiiliscpicr ct renietlre, eontn;
re(;ii ddtaille, ;\ rautorilddc I'edopaviovsk, tout <r cpii eonstitnait la|)roprieted(s annalciirs,
y eoiii|)ris les provisions dVlVcls (" s(or<'s") dcntinces a eirc vendues aux ('(piipaf^iis. Seids
les liointnes (pic si- Irouvaicnt dans les olialonpes du " Seywiird " ii'avaient pas dc vi^te-
iiicnlH dc i'eehanf,'o, A Tarrivcc du schooner "Ariel" h I'etropavlovsk son capilaiiie
rciitra cii possession de tout cc (pii iiii apparteir.iit i^i rexeeption d'uno soiniiu; de
100 dollars. I)(\s (pi'il en eilt fait la di'-elaialion au ('apitaine dc Livroii, il r<'(;ut I'aiitori-
Biition dc s(; rciidrc ii iiord du seliooncr, aecoiiipiimu' d'uii oHieicr, pour eliciciicr cct ortjciit
(jui lut retrouvc dcni^ic le tiroir d'nne aruioire.
Le cajiitaine en ([iiestion deinaiida ensuile h rcntrer cii |iossession du chronoiiii'tre de
bord,cc (pu liii lut, on cH'ct, refusi'. l,e rap itricnient dcs eiiuipaj^(;s ii hord du "Majeslic"
cut lieu en vertu d'un accord en due lonne eoiiclu avee ic capilaiiie de oc haliniont. (h:
dernier icent du ('apilaine do Livroii : (I) une provision dovivrijs coni|iU>lo pour (piaiaiite-
ciiKj jours, eaioulee d'apiiis Ics indications inCincs dcs eapitaincs dcs schooners capluies ( I
sur la hase dcs iJiiglcineiits de la liottc de coininerce Aui(''rieaiiie; (Ii) uu nouihiH! de
clialoiipcs (huit grandes ct deux jietitcs) indispeiisahii' pour (piutre vinirt-Hcpt lionuncs en
cas d'avario ; {[\) deux (ourncaux siipph'incnt aires pour cuirt; la nourrilurc ; (t) do la
vaissollu en (piantili; suflisanto ainsi (prniK- ciiaudic'ro de cuivrc louriiics par I(! croiseur.
Lc cai)it;iiii(' du " Majestio " s'ohlit^ca h ra|)atrier les e(piipagos nioycnnant lo droit de
s'approprier cnsiiite, CII !j;uiso dc rcjinuucration, tons les ohjets «pii vicnncnt d'(*!lro cijuiikjii's.
Les e(piipa^(;s (hs schooners I'ureiil lones dans la eale au-dessus du lest. On coiivrit li;
fond avcc dcs hranehcs s(\;lics rclieos eutre elles a I'ludc dc cor(l«},a's (it sur les(|uellcs lis
lioinincs de ces e(|uipa^'es pureiit c'tendrc Ics niateliis (|ui huir (urcnt distrihuc'w. Ciuieiui
rcgut Ic liicri.
Lc UKJeoiitetiteinent des capitaiues dcs schooners doit (Hru attrihuc, d'apr^s Ics deposi-
tions du ('uniinandaht du " Zahiakii," A I'linpossihilitiJ ou s'esl troiivc Ic capitaine da
"Majestic," (jui (5tait ae(;(Hnpaj;ne de sa (illc adultc, do Ics loj^er duns sa cabii.c. II In',
oblige dc faire disposer pour eux di s couchettes dans Ics caliincs .servant aux provisions.
La Coininission a condu dc ec (pii j)ri^ciidc (pK;, si Ic capitaino du " Majestic " reclame
10 dollars par hoinnic pour Irais de transport, cclte rcclanmtioii no suurait Ctrc adinisc,
dtant contrairc aux conditions dc raceord cuiiclu et sigiic |)ar lui.
En CO ipii concernc la patrouillc envoyi'c ;\ tcrre par le Oapitainc de Livroii, eistto
inesurc Cut prise sur la deniando du ('hof d'AiTondissenient dc IVitropavlovsk. La police
locale so Imuvail, on iHct, iiisuliisantc pour lopriinei les dcsordies aux(iucllcs les houniies
des schooners se livrereiit dans les rues du liourg.
La coiiduite dc ces inatclnts fut dcs plus indiscipliiKlics. Plusicurs I'ois lo ('oiiiinnndanl
du "Ztihiaka" s'adressa aux caiiitaines dcs Uf\tiincnts saiuis, en les priant de r(itablir Tordre,
I
main ccux-ci «IA!lur^r»!iit ()U(! Ich ('(|iii|)iif,'OH iic lc;iir obrinHiiieiil p.w. liCK m]titainpR du
" VVillic! Mr(!()\v;iii " ft, do l.i " IIohIo 01s(mi " (Mix-riiGiiicH so |Mes(!iili'ivnt, en <jt!it d'i''»ri<'!td
clu!/. le CapitaiiK! do Livron d, Itii dircut, des iiijmv-i, si l)ieii (|iii' Ics miirins dii croiHiuir
(liiiriit I(t8 fniro sortir do In raliiiu! <lii ('oiiiinaiidaMt.
(Traimlntinn.)
TIIR (/'onimissidn appointed to oxaiiiiiu; tlu! docuiiuMits and dopositioiis relating,' to
the M'iziiro by Uiissinn crni/ors of (!ana<liaii vessels which were lishiiia; lor seals in our
tcrritoiial waters has inad(! a inimilc iiiv('Htiu;ation of the complaints put forward hy the
nrwH of th()S(! vessels in ref;ard lo tlieir alhi^ed ill-t,realnieiit on landing; at l'etro|)avl()vsk.
Tliese coniplnints, wiiicii were set forth in the Hriiisli Ainhassador's note of the 17tii
('ii'tli) November, IH!)2, and in the declarations appeiided to il, wcri; aeeompunied by a
remonstrance af^ainst tiie very seven; conditions said to iiuve been arran(j;(Mi in regard to
the repatriation of the crews in (juestion between the (^ajjlain of the " Ziibiaka " and tiie
master of tlu! American shij> " MaicHtic." The (!<mnniKsioii had also to re|»orl on tliis
claim after havini,' didy considered the ciremnstances rehilin^ to it.
In the first place it appc^ars, from the verl)al depositions of Captain dc Livron, as well
us from the (ioeuments which formed part of I Ik; ollicial records of tlu; aliiiir, liiat the
nicMsnres taken by the Captain of the eini/er " Zabiaka " in re^rard to the (rrews of th(!
ciiplnrcd schooners were in no way inconsistent witii the principle eninieialed in IIk; aliove-
mcntioncd note from Sir H. Morier. In the opinion of I liir Britannic Majesty's Ambas-
wuior, the men of the schooners oii^bt lo have been set at liberty at the time tlic shijjs
were sci/cd. 'I'hat is, in fa<'t, what. Captain dc Livron did. Having; accomplishi'd the
ciiplure without mectini!; with any rcsislatice, and liavini^ d awn up a protocol, be lost no
lime in dcclarin;; the I'recdon) of their captains an<l crews, hnmcdiatciv afttM'vvards, in
ii(Coi<iaticc with bis instructions, be conveyed IIkmu to tla; nearest Russian port. The
sniiili town of I'etropavlovsk, numberin;; in all MOO inhabitants, did not allord private
hiiiidinf^s «if suliicicnt si/c to enable them to be l()d;^ed there', ('iiisecpiently, it was
proposed lo tbes(! men, who, la; it said onci' nuac, were in no wav under arrest, and who
cnjoyeil full liberty, that they should oceujiy the only (Jovcnnnenl building which wirs
available. Unfortunately, il was not sidlicieiitly spacious. The ( 'aplain of (be *' Zabiaka"
only t(»oU tlic naire pains to ex|)edile as nmeii as jjossilile (be re|)a(ii.i(ion o( the scliooners'
crews.
mia
III! applied, for this purpose, (o tlu! captain of (be American ship ' Majcsli
le us<M)f the schooner " Kosit! Olsen," which had been (leclai(!il a lawtul sei/.uic.
and
and
liiose naini! had been cbanired to that o( " I'ri/.e."
The crews ol (he schooners wv.w distributed in the followin;; manner: TIk;
Majestic" took on board twenty-three men from the "Willie MctJowan," twenty-four
lioni the " Ariel," and twentv-two fnnu the " llosie t)lsei
the
r
rizc
tool'
k SIX (Voni
the boats of the " Anine Moore," nine from the " Sayward," and tw(aity-two from the
\aneouvcr He
Tl
a; men o
f tb:
le .schooners
M;
U'le
an
I " Carmolite" were sent
separaiely to ^ ladivostok in the erui/.er " Vitia/," and (roni (hcnci? to .lapan. During;
their stay on board, and Ironi lla; first day of their landin;,^ l.'i kopecks |)cr man per day
re allotted to the crews for their maintenance. This a|)pearH in the otiieial corre-
lence which passed la^twtien Captain de Livron and the Dislruil (joverma-. In
\V(
spom
iKidition to this, the ('a|)tain of tin: "Zabiaka" plaC( d at (heir dis|)i)sal a ncl and scanu
boats, in onler that they mifjfht {,'o out fisbiiif,', and fi;ave them assistane*! by seam ai I'n
)in
tl
K! cruizer.
if the nam of the " Kosie Olsen' only received their subsistence allowances from
(he .'b'd AugusI, il was because up till then they wer(! able to live u|ion (heir own pro-
visions, which had l)i'en restored to them by the l)islri(!t (Jovernor o( the Connnander
Isliuuls. The complaints made by some of ihi! men that they were oi)liu;od to slee|) in thcj
open air owinp, to went of room tiamiot Ix; taken seriously. As a matter of (act, it was so
hot at l'etropavlovsi> in the months of ,hdy ami August that the oflicers and men of the
" Zabiaka " shpt on deck by pr»;ference. With respect to the e(fec;i.s i)eloni;in);; to tho
crews, which were said to have been taken away, or not to have b(;en all I'cstored to tluuii,
the (Jommissioii salislied itself that all the stores, elothinu;, stockings, boots, &<;., whicli
were on hoard the "iVIarie" and the "Kosie Olsen" at the time of their capture were
handed to the captains of those ships by M. (jrebnitsky. Their demand to be com-
pcMsated lor the valui' of these goods is therefore groinidless. .\s to \\\v. ctlur sidiooners,
tie ('aptaia of the "Zabiaka," when proiu'cding to seize (hem, left to the crews all the
eli'ects carried upon tlu ir persons and l)elon^ing to them, lie considered it his duty, on
the other hand, to conflHculc and hand over to liu' authorities at I'etropavlovsk, from
whom he took a full receipt, t.verylhiii;; which was the pro|)urty nl the siiip-owners,
including the stores wliicli were nieitnt to be sold to the crews. The only men who had
8
no eliange of clotlies were those who were in the boats of the "Say ward." On the arrival
of the schooner "Ariel" at Petropavlovsk, iier captain regained possession of all that
belonged to him excepting a sum of 100 dolUars. As soon as he had made a statt'ment
of his loss to Captain de Livron, he leceived authority to go on board the schooner,
accompanied by an officer, to look for the money, whicli was found behind tlie drawer of a
chest.
The captain in cjucstion then asked to have back the ship's chronometer, which was
certainly refused to him. The repatriation of the crews who were sent in the "Majestic"
took place in pursuance of an agreement in due form concluded with the captain of that
ship. I'hc latter received from Captain de Livron : (I) full rations for forty-five days,
calculated according to the actual statements of the captains of the captured schooners,
and based upon the Regulations of the American mercantile marine; (2) u number of
boats (eight large and two small), indispensable for the Siifety of eighty-seven men in case
of shipwreck ; (3) two extra ovens for cooking the food ; (4) a sufficient quantity
of crockery, as well as a copper boiler supplied l)y the cruizer. The captain of the
" Majestic " bound himself to repatriate the crews on the understanding that he should
afterwards appropriate, by way of remuneration, all the articles which have just been
enumerated. The crews of the schooners were lodged in the hold above the ballast. Tlio
floor was covered with dried branches, fastened together by means of ropes, and on these
the men were able to lay down the mattresses which were distributed to them. One was
given to each.
The discontent of the captains of the schooners must be attributed, according to the
depositions of the Captain of the Zabiaka, to the fact that the captain of the " Majestic "
who was accompanied by his grown up daughter, found it impossible to put them up in his
cabin, lie was obliged to arrange berths for them in the cabins used for the stores.
The Commission concluded from the above evidence that the claitn of the captain
of tlic " Majestic " of 10 dollars a-iiead for passage money could not be admitted, being
contrary to the terms ot the agreement concluded and signed by him.
With regard to the patrol sent ashore by Cai)tain dc Livron, this step was taken at
the request of the district Governor of Petropavlovsk. The local jjolice were no doubt
insufficient to repress the disturbances committed by the men of the schooner in the streets
of the town.
The conduct of these seainen was most disorderly. Several times the captain of the
" Zabiana " appealed to the captains of the vessels seized, begging them to restore order,
but they (ieciared that the crews would not obey them. The captains of the " Willie
McGowan " and the "Rosie Olsen " themselves came in a state of intoxication to see
Captain de Livron, and used such abusive language to iiim that the sailors of tlip cruizer
had to turn them out of the captain's cabii\.
[nclosure 3.
Second Report of Special Commission.
I /EX AMEN de.s circonstanccs (jui avaieiit accompagne I'arrestation et la capture,
operce dans la Mer de Behring, par des croiscurs Russes, de schooners et de chaloupes
dc i)eche Canadienncs, ;i etc confie a une Commission Speciale instituee par D^cret
Impe'rial.
Cette Commission reyut communication des documents suivants, qui lui servirent de
base pour elucider I'aifaire en question : —
Journanx de bord, notes et cartes trouv^es sur les batiments captures ;
Protocoles de saisie ;
Rapport concernant la course du croiseur " Zabiaka," ninsi que celui qui fut dresee
par le Commandant de I'escadre du Pacifiquc ;
Affidavits communicpi^s par le Gouvcrnement Britannique et contenant les depositions
des capitaines des batiments captures et dc leurs ^cjuipagcs.
En memc temps, la Commission citait devant ellc, pour entendre leurs depositions
verbales, le Capitainc de Livron, ex-Commandant du "Zabiaka," et le Conseiller de
College Grebnitsky, Chef d'Arrondissement des lies Kommandorsky.
L'lnstruction ^tablit avec la pins grandc certitude ce (|ui suit:
1. Le schooner " Marie " a ete arr^t^ le 9 (21) Aoftt, 1892, par le Chef d'Arrondisse-
ment des lies Kommandorsky, M. Grebnitsky montant le vapeur "' Kotik." L'arrestation
a eu lieu sous le 54° M6' de latitude sejjtentrionale et sous le 168° 24' de longitude
orientale, ^ 7 milles de I'lle de Cuivre. Deux chaloupes appartenant h ce b&timent
9
avaient 6t4 aper9ues et arr^tees a 1,1; niille do la c6te. On trouva a leur bord dix-sept
otaries dont dix pas encore ^corchecs. Sans s'attaider h poursuivre les autres chaloupes,
qui chassaient un peu plus a i'ecart, M. C5rebnitsl<y arrfita le schooner lui-m^ine et le init
a I'ancre avant le coucher dn soleil devant le village de Glinkn. Le lendcmain matin, la
perquisition faite tant siir le schooner que sur Ics ciialoupes qui I'avaient rejoint pendant
la nuit, r^v^la a lour bord 622 peaux d'otaries, dont fiSft At^cs d'animaux fcmelles et prises,
par consequent, pr^s de la c6te. L'exanien du livre de bord de hi " Marie " permit de
constater (|ue ce livre n'avait pas ^te tenu depuis (juatre joins et iie portait pas les
indications requises sur la course et les relaches de ce schooner.
Les degr^s de longitude et t'e latitude n'(5taicnt marque's <)ue dans les ahnanachs, et
cclii avec hchucoup de negligcnc". Le lieu de destination du schooner etait designe par
rcxpression vague " sealing grounds." Les peaux, enlevees de femelles Cecondes,
attestaicnt que les otaries avaient etc tuees pr^s de la cote. En effet, aux mois de Juillet ct
d'Aout, dpoque de rallaitenunt, les femelles lie peuvent s'eloi£;ner des cAtes. Cette
conclusion dtait encore confirme'e par la presence, ;i bord du schooner, de maillets dont on
se sert exclusivement ])our la chasse aux otaries sur la c6te. Dans sa protestation dcrite,
le capitaine de la " Marie " aftirme que son batiment a cte arrote a 9J milles de la cote.
Mais le chronom^tre tiouve ii bord du schooner etait en ;.i mauvais etat que ses indications,
comme on i'a constate, cocasionnaicnt une erreur de !.'» inilies. De I'aveu mfime du
capitaine, 499 des otaries saisics avaient <'t(' prises dans les parages de i'lle de Cuivre et
148 seulement dans ceu'i de Vancouver. II lie nie pas que les trois chaloupes de la
" Marie "aient ^te arrotes dans iios eaux lerritoriales, Mais il einet en meme temps
I'opinion que M. Grebnitsky aurait du se borner h leur arrestation. il n'aurait pas d<i
y joindrc, comme il I'a fait, cello d'autres clialoiipis, ap|)artenaiit au schooner " Annie
Moore " qui, lui, n a pas etc anoto. Va\ efl'et, le sohooiicr " Annie Moore," dont les
chaloupes furent prises, reussit a echapper aux poursuites. Mais cela indiiiue uiii(juement
que les schooners envoient leurs chaloupes loin d'eux eliasser les otaries dans leurs gites,
tout en demeurant eux-mcmes hois dos eaux territoviales. Cost ainsi seulement que
"i'Annie Mooie " a pu echapper a I'ariestation tandis ([ue ses ehalou])es ('•taieiit saisics sur
la cote par des habitants de la confioe. i^o capitaino de la '• Marie" a reccmnu que I'acte
d'arrestation avait ete regulierement drosse, tout on rol'usaiit ce|iendant de le signer. La
Commission, se fondant sur les doniiecs qui vionncnt d'etre exposees, conclut que
I'arrestation du schooner " Mario" avait ete operee d'liiie facon entieremont reguli^re. I'
est incontestable que les ehalotipos constituent juridiquemeiit une dependance du
schooner. Leur saisie dans des eaux territoriales rend done legale I'arrestation du
batiment dont elles tout partie. S'il en otait autiement, le schooner pourrait impundment
faire la chasse aux otaries sur les cotes, en y envoyant ses chaloupes et enfreindre ainsi
rinviclabilit^ des eaux territoriales tout en se tenant lui-meme hors de leurs liinites.
2. Le schooner " Uosie Olsen " a eto egaloinent arrfite par M. Grebnitsky, Chef
d'AiTondissement des lies Kommandcrskv. La saisie, operee par le "Kotik," cut lieu le
14 (26) Juiilet, 1892, sous le .^S' 2;V de latitude scptontrionale, ot sous le 185' 27' de
longitude urientale. Le schooner av!\it ete aper<;u dans !es eaux territoriales, uiais ayant vu le
vapour, il avait reussi a gagner la luor ouvortc, ajirfs avoir doniie a ses chaloupes un signal
de ralliement. Toutefois, le " [<otik " et une elialoupe qu'il detacha parvinrent a saisir
quatre chaloupes de chasse dans les eaux territoriales. L'une d'elles fut arrOtde a I mille
des cfites de rile d'Aria. Trois chaloupes sur sept piireiit rejuindro le schooner. Apr^s
avoir saisi les quatio chaloupes. M. Grebnitsky procoda a rariestation du schooner, et en
dressa protocole. Le cai)ilaiiio de la •' Rosie Olson," ijui se trouvait dans un etat de vivc
surexeitation. reiusa de signer oot ado, et, arrive a Petropavlovsk, protesta contrc la saisie
dc son schooner en mer ouvcrte. On lioiiva a bord du schooner ot des chaloupes 379
peaux d'otaries, dont !)(» pour cent oteos d'animaux femelles ; 377 de ces peaux se
trouvaient a bord du schooner. Les deux autres furent saisics dans des chaloupes.
Lequipage se (oniposait do six Euio|)eens et de (luatorzo Kaloches. II appert du journal
de bord qu le schooner avait chasse durant trcize jours dans les parages de I'lle de Cuivre,
a laide de SOS ehaloujios, (pi'il onvoyail dans les eaux territoriales. Lo 12 (24) Juillet, il
y avait eu 101 otaries do tue'es. Lo journal de bord netait pas tenu depuis plusieurs jours;
io chronometre etait cut iorement derange. D'apres lo capitaine de la " Rosie Olsfn," le
schooner auiait ^te air^te i\ 38 milles de la cote. Pour so convaiiicre de I'inexactitude de
sa deposition, il siilht de constater, sur hi carte, que le point d'interseetiou tie la longitude
et de la latitude inditjudes par le capitaine n'est pas ii 38 milles niais A M milles du point le
plus rapproche de la c6te. II est permis d'en conelure (pie ees indications sont ddnuees
(le fondement et doniK^es aprt^s coup, au hasard.
Apres avoir examine toutes les circonstances ayant aceumpagnt^ I'arrestation du
schooner " Uosio Olsen," la Commission a oonclu i\ la regularity de cette arrestation. En
[5121
f-m
' :iM
h;''
10
' ■■ ■ r
M
effet, les chaloupes de ces schooners ont dtd surprises chassant I'otarie dans les eaux ter -i-
torialcs.
Le schooner en question ne se trouve pas actuellcfueat a Petropaviovsk mfi., au
Canada. II avait servi a rapatrier les efiiii pages de tous les schooners arrfit^s. Ij a re9u
un nouveau nom, celui de " Prize," ot est cotnmande par ua des capitaines rapatri<'!s,
nomrn^ Kopp. Le Capitaine de Livron a depose quo M. Kopp lui avait annonc6 dans
une Icttre particuli^re I'arriv^e du " Prize " i destination ; la lettre ajoutait que les
matelots nienapaient M. Kopp de le traduire en justice en reclauiant le paiement de leurs
gages pour le temps de la traversde. Le Capitaine Kopp s'etant acquittd, en rapatriant les
equipages en question, d'une mission dont il avait 6te charge pur les autorit^s Russes, la
Commission consid^re comnie Equitable de lui abandonner la proi)ri6te du sciiooner
" Prize " a la charge de prelever sur sa valeur, pouvant 6tre 6valu(5e a GOO dollars, de quoi
satisfaire les pretentions susnientionnees en tant qu'elles se trouveraient justifiees.
3. Le schooner "Carniolite" a ete arrete Ic 17 (29) Aoilt, 1892, par ie croiseur
" Vitiaz," commande par le Capitaine Zarine, ct battant le pavilion du Chef de I'Escadre
du Pacifiquo. II appert des documents, examines par la Commission, que ce schooner a
^te aper9u par Ic croiseur de I'autre c6te de risthine sitne a la pointe sud de He de
Cuivre. Lc "Carmolite" se trouvait a cc moment k 3 milles environ d'un glte d'ltaries.
II vit le croiseur et, profitanl de la nece^site ou se trouvait cclui-ci de tourner, pour
I'atteindrc, un long r^cif situe ii rextremit(5 sud-est de I'lle, il deplova les voiles et gagna
la mer ouverte. Mais, au bout d'une heure et deniie, le croiseur I'atteignit i\ 8 milles de la
c6te sous le 54"" 29' de latitude septentrionale et lc 168° 2' de longitude orientale. Les
documents do bord permirent de constater que le schooner se trouvait depuis le 29 Juillet
dans les eaux des lies Kommandorsky. Le capitaine declara que les 608 otaries dont on
trouva les peaux i\ bord de son batiment avaient ete prises pr^s des lies de Behring et de
Cuivre. Cela contredit ses declarations annexees a la note de I'Ambassadcur Britannique
du 9 (21) De'cembre, 1892, d'apres lesquelles l;i prise des otaries n'aurait eu lieu qu'tl
60 milles de distance des lies. La declaration du capitaine du "Carmolite" concernant
la distance de la cote oil le schooner aurait ete arrfite, et qui serait de 25 milles, ainsi que
son assertion de n'etrc pas entre dans les eaux territoriales Russes se trouvent ^galement
de'menties par des indications pr(5cises ; pour en demontrer I'incxactitude, il suffit d'un calcul
base sur la rapidite de marclie du croiseur et sur I'ctendue de I'liorizon vrsible au moment
ou le schooner a ete apei^u pour la premiere fois par le "Vitiaz." Le "log-book" du
" Carmolite " n'etait pas tenu depuis deux jours. II a ete dress6 deux protoeoles
d'arrestation, I'un en Kusse, Tautre en A i^dais. En raison de ces donnees, la Commission
a reconnu I'ari'estation du "Carmolite" coiiime entierement conl'orme aux principes du
droit international.
4. Le schooner ''Vancouver Belle" tut arrete | ar le croiseur " Zabiaka," le
'61 .Juillet 1892, sous le o4° 17' do latitude septentrionale et sous le 168° 12' de longitude
orientale, a 17 milles de I'lle de Cuivre. Ayaiit ete nvcrti par des garde-cAtes que ce
schooner chassait I'otarie sur la c6te, le Commandant du "Zabiaka" se dirigea vers lui.
Mais, en cliemin, il renconlra trois chaloupes du schooner " Sey ward " Caisant la chasse h
une distance de nioins de 3 milles de la cote. Leur arrestation et leur rnise en remorque
prit environ deux heures, dont le " Vancouver Belle " profita pour gagner lc large. II
iut constat(?, npr^s I'arrestation de ce schooner, que son " log-book " n'avait pas ete tenu
depuis viiigt-quatre heures, niais les notes qui y avaient etc portees iint<5rieurement
indiquaient qn'il avait, A deux reprises, chasse I'otarie le long mi^me de la cAte, dans les
ddtroits qui sd'parent les iles. On trouva A bord du bat ..lent les engins servant i\ la
chasse aux otaries sur les cdtes. 88 pour cent des 594 peaux saisies avaient ^te ot^'es de
temelles-nicres. II resulta des declarations m^mes du Capitaine Kopp (Affidavits, p. 14)
qu'il dtait 2 heures quand il avait upergu le croiseur. Le schooner ayant it4 atteint
par le "Zabiaka" ^ 4 heures, il lui edt 6t4 impossible de faire plus de 14 milles vers
le large. En raison de tout ce qui precWe, I'arrestation du "Vancouver Belle" a ete
reconnue entierement rdguli^re.
5. La chaloupe du schooner " Marvin " et les trois chaloupes du schooner " Seyward "
inentionn<5es dans la note de I'Ambassadcur Britannique du i Decembre, 1892, ^ laquelle
se trouvaient jointes les protestations ecrites des capitaines de ces bfttiments, ont ete
arretdes dans les conditions suivantes ; I'arrestation de la premiere a ete op^r^e par des
habitants de I'lle de Cuivre, qui la saisirent au gite meme des otaries, que I'equipage uvait
commence a exterminer; celle des trois autres pi\r le croiseur "Zabiaka." Les habitants
de I'ile I'avaient averti que plusieurs chaloupes ctrang^res avaient abord<5 au glte des
otaries, et en ayant tue un certain nombre, avaient regagne le large. Le crois3ur s'etant
rendu dans la direction indiquee surprit, le 21 Juillet, h. 9 milles de la pointe sud-est de
rile de Cuivre, trois chaloupes qui se mirent h fuir h toutes voiles et il toutes ramcs.
L
Voyant enfin rinutilitc de ses efforts, rdquipaj];e cessa de ramcr et se mit il jeter par-
dessus bold les otaries tuccs. Mais il n'avait pas encore fini cctte besogne que le
cioiseur avait arretc Ics trois embarcations, h bord desquelles on trouva encore huit otaries.
Les t^tes etaicnt fracass^es cc qui pronvait bien que les aniinaux avaient ^te tu»5s l^ coups
(le martelets, dans leur gitc, et non k coup de fusil, i ii mer. 1-,'equipago dcs chaloupes
appartenant an scliooncr " Seyward " fut transport^ a bord du "Zabiaka" a Petro-
pavlovsk et les bommes de la baleini^re, detacboe par le " .Marvin," arrfitcs par les
habitants du village de Glinka, furent conduits par eux dans ce village, situ^ sur la cote
oppcsec de I'ilc, J)e lil, lu vapenr " Kotik " les tranyporta a Petrop:ivlovsk.
l*;n outre, les liabitants du village de Preobrajenskoe, situe egalement dans I'lle de
Cuivre, livr^ront au croiseur " Zabiaka " six matelots (ju'ils avaient arrfit^s au gite des
otaries. Ces homines declar^rent qu'ils etaient venus cliasser a bord de deux chaloupes
nppartenant au schooner Anglais " Annie Moore." Le schooner lui-iii6nic ne fut pas
aperyu.
Ces cas infirment la supposition c'niise dans la note de TAmbassadeur Britannique
que " les chaloupes ne se trouvaient probnbleuient pas a une grande distance du schooner
'Seyward.'" En realite, il 6tait impossible, de I'cndroit ou les chaloupes out 6,t6 atretics,
d'apercevoir le schooner, nifinie u I'aide d'une lunette. Le fait est que, d'apres les
depositions des capitaines du " Marvin" et du "Seyward," ces schooners se trouvaient a
20 inilies de I'lle de Cuivre au moment ou leurs chaloupes pillaient les gltes des otaries
sur la c6te Russe.
6. J-e schooner Anj^lais "Tupper" a et6 arrSte le 29 Juillet (10 AoAt) par le
croiseur "Zabiaka," a 17 niiiles de I'lle de Behring, .sous la prevention d'etre un de ceux
dont les chaloupes avaient et.e arretecs dans les eaux territoriales Russes. Toutefois, a
d(5faut de preuvcs formelles a I'appui de eette prevention et bien qu'on eilt trouv^
274 |)eaux d'otaries a bord du sciiooner, le croiseur" Zabiaka" se borna il averti celui-ci
d'avoir 4 s'abstenir de chasser I'otarie dans les eaux Russes baignant les Ilec ^'omman-
dorsky. Cet avertissenient fut porte dans le journal du " Tupper," ainsi qu'il ajjpert dc
la deposition du capitaine de cc schooner annexee a la note de I'Ambassadeur Britannique
du 9 Decembre, 1892. Quant aux menaces qui d'apres le ciipitaine du" Tupper" lui
auraient ete adrcssees par le Commandant du "Zabiaka," et a la defense que celui-ci lui
aurait faite do chasser I'otarie dans la tncr ouvertc, c'est h\ une assertion denuee de
preuves. Tout au contraire, les peaux d'otaries trouvees a bord du schooner ne furent pas
saisies et c'est sans fondement que le capitaine soutient avoir supporte des pertes il la suite
de cette arrestation.
7. Le schooner " Hail " a ete rencontre le 5 AoUt, 1892, sous le .54° 33' de latitude
septentrionale et sous le lob 10' de longitude orientale, chassant I'otarie en nier, il
17 milles de I'Jle de Behring. Bien (ju'on eut trouve a bord 325 peaux, il n'y e.vait pas
de preuves directes que le scliooncr eiit fait la chasse aux otaries dans les eaux territoriales
Russes. Le Commandant du " Zubiidia," se borna done ii un avertissement portant que le
britiment devait conlinuer a s'abstenir de cbiisser I'otarie sur la cflte R isse.
8. Le schooner " Willie MacGowan " a ete aper^u par le croiseur " Zabiaka "
!c u Juin, 1892, a I b milles de I'lle de Cuivre. 11 marchait a petites voiles, niais les deploya
toutes apres avoir aperyu le croiseur et se mit a gagner le large. II fut atteint sous le
54'" 21' de latitude septentrionale et sous le 167" 43' de longitude orientale, h 21 milles de
la cote. Le croiseur dut tirer deux fois pour le forcer a niettre en panne. Une perquisi-
tion rev<51a la presence a bord des engins servant h la chasse aux otaries sur la c6te ainsi
que soixante-seize peaux, dont soixante-neuf otees d'animaux femelles. Le " log-book "
n'etait pas tenu depuis vingt-quatre lieurcs. En ^e'n^ral, il ne contient que dc tr^s rares
indications sur la marclie du uiitimcnt. On n'y rencontre que des expressions vagues :
"jogj,ii.o around sealing grounds," ou simplement "jogging." D'apres une indication, le
schooner s'^tait trouve le 1 (13) Juillet en vue de I'lle de Cuivre, par un temps brumeux.
Le 3(15) il avait aperyu le " Zabiaka." Le temps etait egalement brumeux, et il r^gnait
un l^ger brouillard. Ce jour la, le croiseur ' Zabiaka," comme il appert dc son journal,
80 trouvait tout pr^s de la tote, an gite meme des otaries. Des traces de pointillement et
de calculs faits au crayon sur la carte et imparlaitement effaces indiquent que le schooner
relevait sa position i\ la boussole, ii une heure et demie de distance du gite des otaries.
On est fonde h conclure de toutes ces donnees que les otaries trouvdes k bord
du schooner avaient etc tuees dans les eaux territonales Russes.
N^annioins, la Commission n'a pu reconniiitre I'arrestation du schooner " Willie
McGowan " comnie entierement reguli^re.
9. Le schooner " Aiiel "a et6 arrete par le croiseur " Zabiaka," le 16 .Juillet, ii 3 heures
et demie du matin, sous le 54' 31' dc latitude septentrionale et le 167° 40' de longitude
'irientale. Au moment de son arrestation il s'dloi'^nait t\ petites voiles de la cote et
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SO trouvait a "21 milles clc I'lle dc Cuivio On dcuouvrit il son bord les cngins servant a
chasser Totane sur la cAte, ainsi que 1159 peaiix, dont les 90 pour cent avaient ete olees do
femelles-Mnireis. Le " log-book " n'etiit pas tenu dt;puis deux jours. A la m("':ne date U;
livre contient deux annotations diffc;entes. Ln premiore i»oitc que lo schooner s'etiiit
trouve en vue de I'lle di' Cuivre; cola iiidi(|uc. etant doniid Ic l)rouillard (jui regnait to
jour 111, que le batiinent iiiviguait alors dans nus eaux tenitorialcs, Los traces dc
pointillenient et de calcuis faitsau oiayon sur la carte et iuiparCiitement effaces temoijjncnt
que le rel^venient 4 la boussole de la position du batiinent avait ete opere tout pres de la
c6te.
Sans contester la gravite de ces indices, etablissant que le schooner "Ariel" avait
navigue dans les caux territoriales Itusses, la niajorite de la Commission ne considera pas
son arrestation comme funde'e en droit, fiuite d'une condition esseiitielle et generaiement
admise : les cluiloupcs de " I'Ariel " ii'avaient pas «it6 aperQues ciiassant I'otarie dans nos
eaux.
(Translation.)
THI'i examination into the circumstances which had attended tiie arrest and capture in
Behrina; Sea of Canadian schooners and sealing-boats by Russian cruizers, was intrusted to
a Special Commission appointed by Imperial Decree.
To this Commission the following documents were communicated, whicli served as a
basis for elucidating the question at issue :—
Log books, notes and maps found in the captured vessels;
Protocols of seizure ;
Report on the course of the cruizer "Zal)iaka," together with the Report drawn up by
the Officer Commanding the Pacific Squadron ;
Affidavits communicated by the British Government containing the depositions of the
captains and crews of the captured vessels.
At the same time the Commission summoned Captain de Livron, late officer in
command of the "Zabiaka," and the " Consoiller de Coll^G;e" Grebnitsky, District Governor
of the Commander Kslands, i.i order to iiear their verb.il depositions.
The examination establishes with the greatest certainty the following facts : —
1. The schooner "Marie" was captured on the 9th (21st.) August, 1892, by
M. Grebnitsi\y, District Governor of the Commander Islands, being on board the steamer
" Kotik." The capture was made in latitude 54° 36' north, and longitude 168° 24' cast,
at a distance of 7 miles from Copper Island. Two boats belonging to this vessel had been
sighted and captured 1 J miles from the shor.'. Seventeen seals were found on board, of
which ten had not yet been skinned Without waiting to pursue the other boats, which
were hunting at a somewhat greater distance, iVl. Grebnitsky seized the schooner himself
and brought her to anchor before sunset oft' the village of Glinka. Next morning search
was made both on the schooner and in the boats which had rejoined her during the night,
and G22 bcal-skins were found, of which 585 were those of females, and consequently had
been taken close to the shore. An examination of the log-book of the " Marie " proved
that this book had not been posted for four days, and did not contain the necessary infor-
mation as to the course taken and the stoppages made by the schooner.
The degrees of longitude and latitude were only marked in the almanacks, and even
that with great carelessness. The pl.ice of destination of the schooner was designated by
the vague expression " scaling grounds." The skins, taken from pregnant females bear
witness to the fact that the seals had been killed close to the shore. In fact, during
the period of suckling, in July and August, liie females cannot go to any distance from
the shore. This inlerence was confirmed by the presence on board the schooner of
clubs which are used exclusively in the pursuit of seals on the coast. In his written
protest, the captain of the *' Marie " declares that his vessel was seized at a distance of
9^ miles from shore. But the clu'onomete ■ found on board the steamer was in such bad
order that its indications were found to occasion an error of 15 miles. According to tlie
captain's own admission, 199 of the seals taken had been captured in the neiglibourhood of
Copper Island, and only 148 in that of Vaneonvei'. lie does not deny that the three boats
of the "Marie" were seized within our terii'orial waters. But at the same time he
expresses the opinion that M. Grelmitsky should have confined his action to seizing them,
and that he ought not in addition to have siized, as he did, other boats belonging to the
schooner "Annie Moore," the latter not having been taken. The schooner "Annie Moore,"
whose boats were taken, did, in fact, succeed in evading pursuit. But that only shows that
the schooners send their boats to a distance to pursue the seals in the rookeries while thev
remain themselves outside territorial waters. It was only thus that the "Annie Moore"
was able to escape seizure whilst her boats were captured un the coast by the inhabitants
13
of the country. The captain of the " Marie " ndinittcd that the protocol of seizure was
corieclly drawn up, though he refused to sign it. The Commission, guided by the facts
set forth above, concluded that the seizure of the schooner " Marie" had been carried out
in n perfectly regular manner. It is undeniable that, juridically, the boats constitute a
clependeticy of the schooner. Tlic'r seizure, therefon', in territorial waters legalizes that
of the vessel of which they form part. If it were otherwise, the schooner could pursue seals
on the coast with impunity by sending her boats there, and thus infringe the inviolability
of territorial waters, though herself remaining outside tlieir limits.
2. The schooner " Rosie Olsen " was also seized by M. Grebnitsky, District Governor
of the Commander Islands. The seizure, carried out bv the "Kutik," took place on the
Hth (26th) July, 181)2, in latitude .55° 23' north, and longitude 185° 27' east. The
schooner had been sighted in territorial waters, but, having seen the steamer, she had
succeeded in gaining the high sea, after having given her boats the signal to rejoin her.
Nevertheless the " Kotik," and a boat which she sent out, succeeded in seizing four
sealing-boats in territorial waters. One of these was seized 1 mile from the coast of Aria
Island. Three boats out of seven were able to get back to the schooner. After having
seized the four boats, M. Grebnitsky proceeded to capture the schooner, and drew up a
protocol. 'I'he captain of the " Rosie Olsen," who was in a state ot great excitement,
refused to sign this document, and on arriving at Petropavlovsk, protested against the
seizure of his schooner on the high sea. On board the schooner and the boats were found
379 seal skins, of which 96 per cent, had been taken from females ; 377 of these skins
were on board the schooner. The other two were seized in the boats. The crew was
composed of six Europeans and fourteen Indians. It appear.* from the log that the
schooner had been sealing for thirteen days in the neighljourhood of Copper Island by
means of her boats, which she sent into territorial waters. On the 12th (24th) July,
101 seals had been killed. The log had not been posted for several days ; the chronometer
was completely out of order. According to the statement of the captain of the " Rosie
Olsen," the schooner was seized 38 miles from shore. To convince oneself of the
incorrectness of his deposition, one need only observe on the Map that the point of inter-
section of the longitude and latitude indicated by the captain is not 38 but 54 miles from
the nearest point of the coast. It may be concluded from this, that these statements were
unfounded and made at random aiter the event.
After examining all the circumstances which accompanied the seizure of the " Rosie
Olsen " the Commission concluded that tliis seizure was regular. The boats of these
schooners were in fact surprised in the act of sealing ni territorial waters.
The schooner in question is not at present at Petropavlovsk but in Canada. She
was employed to repatriate the crews of the captured schooners. She was given a new
name, that of" Prize," and is commanded by one of the repatriated captains, named Kopp.
Captain de Livron deposed that Mr. Kopp had informed him in a private letter of the
arrival of the " Prize '' at her destination ; the letter added that the sailors threatened to
sue Mr. Kopp for payment of their wages during the passage. Captain Kopp having
performed the duty with which he was charged by the Russian authorities of repatriating
the crews in question, the Commission considers it just to hand over to him the property
of the schooner " Prize," on condition that he deduct from her value, which may be
estimated at 600 dollars, a sufficient sum to satisfy the above-mentioned claims in so far
as they may be found valid.
3. The schooner "Carmolite " was captured on the 17th (29th) August, 1892, by the
cruizer " Vitiaz," commanded by Captain Zarine, and flying the flag of the Officer Com-
manding the Pacific Squadron. It appears from the documents examined by the Commis-
sion that this schooner was sighted by the cruizer on the other side of the isthmus, which
is at the southern point of Copper Island. The "Carmolite " was then about .3 miles
from a seal rookery. She sighted the cruizer, and taking advantage of the fact that the
latter, in order to reach her, was obliged to pass round a long reef situated at the south-
eastern extremity of the island, she set sail and gained the open sea. But after (in hour
and a-half the cruizer came up with her at a distance of 8 miles from shore, in latitude
54" 29' north, and longitude 168° 2' east. The ship's papers showed that the schooner had
been since the 29th July in the waters of the Commander Islands. The captain declared
that the 608 seals, the skins of which were found on board his vesset, had been taken near
Behring and Copper Islands. This is in contradiction to his declarations annexed to the
British Ambassador's note of the 9th (21st) December, 1892, according to which ,he
capture of the seals had only taken place at a distance of 60 miles from the islands. The
declaration of the captain of the " Carmolite " as to the distance from shore where the
seizure took place, which is given as 25 miles, as well as his statement thet he had not
entereii Russian territorial waters, are alike refuted by precise information. In order to
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of speed iirid on the extent of liorizon visible at the moment when tlie sciiooner was
sighted for tlie first time by the " Vitiaz." The " Carmolite's " loK-book had not been
posted for two days. Two protocols of seizure were drawn up, one in Russian, the other
in English. In consetjuence of this evidence the Commission recognized that the seizure
of the '• C'nrmolite " was altogether in conformity with the principles of international
law.
4. The schooner "Vancouver Belle" was captured by the cruizer " Zabiaka" on the
aistJuly, 1892, in M" 17' north latitude and 168° 12' east" longitude, 17 miles from Copper
Island. The Commander of the " Zabiaka " having been informed by coastguardsmen that
this schooner was sealing on the coast, proceeded towards her. On the way, however, he
found three boats belonging to the schooner " Sayward," scaling less than 3 miles from
the coast. It look about two hours to seize and take in tow these boats, and the
" Vancouver Belle " took advantage of this delay to make for the open sea. When this
schooner was seized it was found that no entries had been made in her log-book during
the preceding twenty-four hours, but the entries found showed that she had on two
occasions been engaged in sealing close to the shore in the straits between the islands.
The necessary equipment for sealing on the coast was found on board the vessel. Of the
694 skins seized, 88 per cent, were those of females with younL% It appeared from
Captain Kopp's own statements (affidavits, p. 14) that it was 2 o'clock when he caught
sight of the cruizer. As it was 4 o'clock when the " Zabiaka " came up with the schooner,
the latter could not have proceeded further than 14 miles seawards. In view of all that
has been stated above it was decided that the seizure of the "Vancouver Belle" was
perfectly regular.
5. The boat belonging to the schooner " Marvin," and the three boats belonging to
the schooner " Sayward," mentioned in the British Ambassador's note of the 4th
December, 1892, which inclosed the written protests of the masters of those vessels,
were seized under the following circumstances. The first-mentioned boat was seized by
the inhabitants of Copper Island at the rookery itself, as the crew were beginning to
slaughter the seals. The three others were seized by the cruizer "Zabiaka." The
inhabitants of the island had informed the cruizer that several foreign boats had landed at
the rookery, and, after killing a certain number of seals, had put to sea again. The
cruizer proceeded in the direction indicated, and, on the 21st July, at a point 9 miles from
the south-eastern extremity of Copper Island, came upon three boats which took to flight
with all sail set ; id rowing as fast as they could. Finding that their efforts were useless,
the crew stopped rowing and began to throw overboard the seals they had killed, i lit
before they were able to complete this operation, the cruizer seized the three boats, on
board of which eight seals were found. The fact that the animals' heads were battered in
showed that they had been killed with clubs in the rookery, and not shot at sea. Tlie
crew of the boats belonging to the schooner " Sayward " were taken to Petropavlovsk on
board the " Zabiaka," and the men belonging to the whale-boat sent from the " Marvin,"
who had been seized by the people of the village of Glinka, were taken by them to the
village, which is situated on the opposite shore of the island. They were taken thence to
Petropavlovsk by the steamer " Kotik."
i'urther, the inhabitants of the village of Pr^obrajenskoe, which is also on Copjjer
Island, handed over to the cruizer "Zabiaka" six sailors whom they had seized at the
rookery. These men stated that they had come to hunt in two boats belonging to the
English schooner " Annie Moore." The schooner herself was not seen.
These facts show that there is no foundation for the hypothesis, contained in the
British Ambassador's note, that "presumably the distance which divided the 'Sayward'
fiom her boats was not great." As a matter of fact it was impossible to see the schooner
from the spot where the boats were seized, even with a. glass. The fact is that, according
to the depositions of the masters of the " Marvin " and " Sayward," those schooners were
20 miles from Copper Island at the time when their boats were plundering the rookeries
on the Russian shore.
6. The English schooner "Tupper"was seized by the cruizer "Zabiaka" on the
29th July (10th August), 47 miles from Behring Island, on suspicion of being one of the
vessels the boats of which had been seized in Russian territorial waters. As, however,
the suspicion was not confirmed by positive proofs, although 274 seal-skins were found on
board the schooner, the cruizer "Zabiaka' coniined herself to warning the vessel not to
engage in sealing in the Russian waters round the Commander Islands. This warning
was entered in the log-book of the "Tupper," as appears from the deposition of the
master of that schooner inclosed in the British Ambassador's note of the 9th December,
1892. As for the assertion of the master of the "Tupper" that the Commander of the
Copper
at the
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15
"Znbiaka" made use of threats towards him, and forbade liim to hunt seals in the open
sen, it is not supported by proofs. On the contrary, the sonl-skins found on board the
schooner were not seized, and tlie master's statctiient that the seizure resulted in loss to
him is without foundation.
7. The schooner "Hall" was found on the 5th August, 1892, in o4" 33' north
latiliide, and 1(56° 10' east longitude, engaged in sealing at sea, 17 miles from Bohring
Island. Although 325 skins were found on board, there was no direct proof that the
schooner had been sealing in Russian territorial waters. The Commander of the
"Zahiaka" therefore confined himself to warning the ship to continue to abstain from
scaling on tlie Russian shore.
8. The schooner " Willie McGowan " was sighted by the cruizer " Zabiaka" on the
6th June, 1892, 15 miles from Copper Island. The schooner was under easy sail, but as
soon as she caught sight of the cruizer, she made for the open sea under full canvas.
The cruizer came up with her in 54° 21' north latitude and 107° 43' east longitude,
21 miles from the coast. It was only after the cruizer had fired two shots that the
schooner was brought to. A search brought to light equipment for sealing on the coast,
and seventy-six skins, of which sixty-nine were those of females. No entries had been
made in the log-book for twenty-four hours. On the whole, tlie log-book contains very
meagre data in regard to the vessel's course. All the entries are vague, e.(j., " Jogging
around sealing-grounds," or simply " Jogging." According to one entry the sciiooncr was
in fight of Copper Island on the 1st (13lh) July, and the weather was hazy. On the
Urd (15th) she sighted the " Zabiaka." The weather was again iiazy, and there was a slight
fog. On that day the cruizer " Zabiaka " was close to the shore, just off' the rookery, as
appears from her log-book. Traces of dots and calculations made in pencil on the chart
and partly rubbed out show tnut the schooner took her bearings by the compass when she
was one and a-half hours' distance from the rookery.
One is justified in concluding from all these data that the seals found on board the
schooner had been killed in Russian territorial waters.
Nevertheless, the Commission did not feel justified in declaring that the seizure of the
schooner " Willie McGowan " was altogether regular.
9. The schooner " Ariel " was seized by the cruizer " Zabiaka " on the IGth July, at
3'30 A.M., in 54° 31' north latitude and 167° lO' east longitude. At the time of the
seizure she was making away from the coast under easy sail, and was 21 miles from
Copper Island. On board of her were found equipment for sealing on the coast and 139
skins, 90 per cent, of which were those of suckling females. No entries had been made in
the log-book for two days. The book contains two different entries on the same date.
The first states that the schooner was in sight of Copper Island ; this implies, in view of
tiie fog which prevailed on that day, that the vessel was then in our territorial waters.
Tiietraces of dots and of calculations made in pencil on the chart and half rubbed out show
that the bearings of the ship were taken by the compass when she was (|uite close to the
shore.
Without denying the importance of these indications, which show that the schooner
"Ariel" had been in Russian territorial waters, the majority of the Commission do not
consider that her seizure can be justified from a legal point of view on account of the
absence of a condition which is essential and generally admitted, that is to say, the
"Ariel's " boats had not been seen sealing in our waters.
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UNITED STATES. No. 10 (1893).
BEHRING SEA ARBITRATION.
AWARD
OF THE
TRIBUNAL OF ARBITRATION,
CONSTITUTED UNDER ARTICLE I OF THE TREATY CONCLUDED AT
WASHINGTON ON THE 29th FEBRUARY, 1892. BETWEEN HER
BRITANNIC MAJESTY AND THE UNITED STATES OF AMERICA.
Presented to both Houses of Parliament by Command of Her Majesty.
August 1893.
m
* M.i
\ .'
X !u
LONDON:
PRINTED FOR HER MAJESTY'S STATIONERY OFFICE
BY HARRISON AND SONS, ST. MARTIN'S LANZ,
FKINTiai IN ORDINARY TO HIR HAJKSTY.
^ Aod to be purcbaied, either directlj or through an^ Bookseller, from
EYRE AND 8FOTTISWOODE, East Hardino Street, Fleet Street, B.C., and
32, Abingdon Street, Westminster, S.W. ; oa
JOHN MENZIES & Co., 13, Hanover Street, Eoinbvroh, iU(D
90, West Nile Street, Glasgow ; or
HODGES, FIGGIS & Co., Limited, 104, ORArroN Street, Duuim.
[C— 7107.] Price 2d.
1%
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% '' ■
BEHRING SEA ARBITRATION.
Award of the Tribunal of Arbitration, constituted under
Article 1 of the Treaty concluded at Washington on the
29th February, 1892, between Her Britannic Majesty and
the United States of America.
m
Mr. Tapper to the Earl of Roseberi/, — {Received August 16.)
My Lord, Paris, August 5, 1893.
I UAVE the honour to transmit to your Lordship the decision of the Behring
Sea Trihunnl of Arljitrators, whieh lias been delivered to me this day in accordance
with Article XI of the Treaty of the 29th February, 1892.
I have, &c.
(Signed) CHARLES IL TUPPER.
• Inclosurc 1.
Sentence du Tribunal d^ Arbitrage constitue' en vertu du Traits coiiclu a Washington, k
29 Fe'vrier, 1892, entre les ntats-Unis d'Ame'rique et Sa Majeste' la Heine du Royaume-
Uni de Grande-Iiretagne et d'Irlande.
ATTENDU que, par un Traitd entre Ics Etats-Unis d'Amerique et la Grande-
Brctagne, signe i\ Washington le 29 Eevrier, 1S92, et dont les ratifications par les
Gouvemements des deux pays ont ete cchaugi^'cs a Londros le 7 Mai, 1892, il a otu,
entre autrcs stipulations, convonu et rogle que les diffcrends qui avaicnt surgi entvc
lo Gouvernement des ^Itat-Unis d'Am^riquo et le Gouvernement dc Sa Slajeste
Eritannique, au sujct des droits do juridiction des fitats-Unis dans les caux dc la ^Ler
de Behring, et aussi relativcment a la presoi-vation des phoqucs a fourrurc habitant oii
frequentant ladite mer ct aux droits des ciloycns et des sujets des deux pays en co qui
conceme la capture des phoques a fourrure so trouvant dans les dites eaux ou les
fivquentant, seraient souniis a un Tribunal d' Arbitrage compose dc sept Arbitres, qui
seraient nommds de la manii'i'e suivante, savoir : deux Arbitres seraient designes par le
President des l5tats-Unis; deux Arbiti-cs seraient dosigues par Sa Majcst6 Britanniquc ;
son Excellence le President de la Republiquc l''ran9aise serait pri6, d'un commuu
accord, par les Hautes Parties Contractantes de designer un Arbitro ; Sa Majosto le
Roi d'ltalio serait prie de la meme manic'^re de designer un Ai'bitre ; Sa Majeste Ic lloi
de Su6de et de Norvege serait prie de la meme manii^re do designer un Arbitrc ; les
sept Arbitres ainsi nommds devant etre des jurisconsultes d'lme reputation distinguur
dans leurs pays respectifs, et les Puissances auxquelles Icur designation serait remise
devant 6trc prides de choisii*, autant que possible, des jurisconsultes sachant la langue
Anglaisc ;
Et attendu qu'il a etc pareillement con-venu, par 1' Article II du dit Traito, que
les Arbitres se reuniraient a Paris dans les vingt jours qui suivraient la remise des
Contre-Mdmoires mcntionnes a I'Article IV, qu'ils cxamineraient et ddcideraient avcc
impartialite et soin les questions qui lour etaient ou qui leur seraient soumises dans les
conditions prevucs par ledit Traitd, de la part des Gouvemements des Pjtats-Unis et dc
Sa Majeste Britanniquc respcctivement, et que toutcs les (luestions examindes par le
Tribunal, y compris la sentence finalcj seraient decidccs par les Arbitres a la majoritu
absolue des voix ;
Et attendu que, par I'Article VI du dit Traite, il a dte pareillement convonu ce
qui suit : —
" En vac de la decision des questions soumises aux Arbitres, il est entendu que
les cincj points suivants leiu' scront soumis, afin quo leur sentence comprcnnc uuc
decision distincte sur chacun desdits cinq points, savoir : —
" 1. Qu(>lIo jiiridii'tioii exclusive dans la mor aiijourd'hui ronniio sous Ic nom do
Alcr d(! Jk'liriiif!; ft quels droits exelusil's sur les pAidu'iics de nlioquus dans cntto mor
la llussio u-t-cUc nflirmes ct exorctJs avant et jusqu'ii I'epoquc do la (icssion do I'Alaska
aux fitttts-Unls.
"2. ■T'isqii'i\ (juel point la revcndicratioii ^l^^ ces droits do juridiction en co qui
coucernu les peelierics de i)hoques a-t-ello cte reconnU(! ct eonctkleo par la Granuo-
Uretagno?
"U. L'espaco dc nvr nujourd'liui connu sous lo nom de Mor do Bchring tUait-il
conipris dans I'exprcssioii 'Ocean I'aeifhiue,' telle ([u'eile a (H/^ employdo dans lo texto
(lu 'I'raite eonclu en 1S25 entre la (Jrande-Hrct;\y;ue et la Russie, et quels droits, si
droits il y avait, lu llussio a-t-elle posscdes et cxelusiveinent cxorces dans la iFor do
Bullring, apr6s ledit Traite ?
" i. Tons les droits de la llussio, en ee qui eoneenie la jiu-idietion et en co qui
conceruo les poeheries de jdioques, dans la partie de la Mer de Meliring qui s'etend h
Test de la liiuite maritime determiuee par le 'i'raite dii 'W M;irs, ^H(\^, eutro les Ktats-
Unis et la llussio, ne sout-ils pas integralemeiit passes aux l5tats-Uuls on vortu de cc
m^nie Trait<5 r
"5. L(!s JllatsUnis ont-ils (juelque droit, el, en cas d'afTirinativo, quel droit ont-
ils, soit u la protoelion, soit a la j)ropriete des i)lio([ues a i'ourrurc (lui frequentcnt les
lies apparteiuint aux I'ltats-Unis dans la ^[er de lii-hriiig, (juand ces pboques so
trouvent en dehors de la limite ordinaire de ,') niilles r "
Et attendu que^ par I'Artiele VII dudit Traitt;, il a ete pareillomcnt convcnu co
qui suit : —
" Si la decision des questions qui precedent, en co qui concorno la juridiction
exclusive des l^]tats-Unis, laisso les clioses en tel etat quo le con(!Ours de la Orandc-
Brctagne soit ndcessaire pour I'etahlissemcnt de ll(^glem(;nts en vue de la protection ot
do la [jreservalion conveuables des plioques u I'ourrure habitant ou fr(5quentant la Mor
do Belu'iug, les Arbittes auront a determiner tpiels lleglomonts eonimuns sont ndccs-
saircs, en dehors des liniites dc la juridiction des Gouverneuients rospeetifs, ct sur
quelles caux ces Ri-glcments devraicnt s'appliqiier
" Les llaiites Parties Contractantes s'cngagent en outre h ''nir leurs cfl'Drts pour
ol)tcuir I'adliesiou d'autres Puissances a ces Il(>gloments ;"
Et attendu que, par I'Artiele VIII dudit Traite, aprc^s avoir expose quo les Hautes
Parties Contractantes n'avaient pu s'cutendro sur une formule qui comprit la question
(les responsalnlit(' a la charge d'une d'elles, il raisou des prejudices allcguds avoir 6t&
causes a I'autre, ou aux citoyens de I'autrc, h I'occasion des reclamations prdscntt^es et
soutcuues par ladite partie, et qu'elles " ddsiraient.quc cetto question secoudaire ne
suspcndit ou ne retardat i)as plus longtemps la production et la decision des questions
principales," les Hautes Parties Contractantes sont convenues que " chacuno d'elles
pourrait soumcttre aux Arbitres toute question de fait impliqude dans lesdites recla-
mations ct demander une decision ti cet egard, aprt's quoi la question dc la responsabUitd
dc ebacun des deux Gouvernemcnts a raison des laits etablis serait mati(>rc Ji n6go»
ciatious ult^rieures ;"
Et attendu que le President des fitats-Unis d'Am(5rique a d(5sign6 rHonorable
John M. Harlan, Juge dc la Cour Supreme des Etats-Unis, et I'Honorable John
T. Morgan, S^uateur des Etats-Uuis, pour etre tlcux desdits Arbitres ; que Sa Majesty
Britannique a ddsigne le Tr6s Honorable Lord Hannen et I'Honorable Sir John
Thompson, Ministre de la Justice et Attorney-General pour le Canada, pour 6tre deux
desdits Arbitres ; que son Excellence le President de la Ropublique Fran9aise a d^sign^
Ic Baron Alpliouse dc Courcel, Senatcur, Ambassadeur dc Prance, pour fitre un desdits
Arbitres ; que Sa Majesto le Roi d'ltalic a desiguo le Marquis Emilio Visconti Venosta,
ancieu Ministre des Affaires Et Mngf-res et Senatcur du Royaiime d'ltalie, pour ^tre un
desdits Arbitres ; et que Sa Majesty le Roi de Su6de et do Norv^ge a ddsignd
M. Gregers Gram, Ministre d'Etat, pour etro un desdits Arbitres ;
Et attendu que nous susnomm^s, Arbitres designes et investis de la mani^re qui
vient d'etre relat^e, ayant accepts de prendre la charge de cet Arbitrage, et nous ^tant
dftment riSunis h Paris, avons proc6d6 avec impartialite et soin h I'examen et k la
decision de toutes les questions qui ont etd soumises a nous, Arbitres susnomm^s, en
vertu dudit Traits, ou 5, nous pr^sent^^s, au nom des Gouvernemcnts des Etats-Unis
et de Sa Majesty Britannique respectivv xent, de la mani^re pr6vue par ledit Traits ;
Nous Arbitres susnomm^s, ayan* examind avec impartiality et soin lesdites
questions, decidons et pronon9ons de meme, sur lesdites questions, par notre presente
seutence, de la manifere qui suit, k savoir : —
£n ce qui couceme les cinq points meutiounds rT?..s I'Artiele VI et sur chacun
[820] B 2
'>m
dcsqucls nolro juii^omout doit comprciidrc xin(> decision distluctc, nous dw'idons it,
pronon^ons cc (|ui suit : —
Sur li; premier dcs ciiuj ])(>in)s susdits, nous, Arhitrcs susnommi's, lo Unroii dc
Courcol, lo Juf^c Harlan, Lord Ifnnncn, Sir -Folin Thompson, lo Marquis Visconti
Vcnosdi, ct M. (Jrcij^ors Gram, consiifuant la majority d(!s Arbitrcs, dufidons ft,
prouon(;ons <!0 qui suit:
J'ar riJkaso dc 1H21 la llussic a rovondiquo dos droits dcjurididion, dans la itku-
connuo aujourd'liul sous 1«; noni do IMor do JJoIirinif, jus(iu'i\ la dislancfi do 100 luillcs
Italicus au lar^o dos oAtos ot ilos lui appartcnant; mnis, au oours dcs iii't^ooiaiions (jni
out abouti h la concdusion dcs Traitc'is do 182 !• avco Ics I'Jiats-Uuis ot do 182^ avoo la
(Jrando-lJrotaj^no, (dio a admis quo sa juridiclion dans laditc mcr scrait limitoo a mic
])ortoo do canon dolaoAtc;; ol i1 apparalt <|U0, dcpuis 'jottf^ opoquo jusqu'il ropocpio
do la cession do I'Alaska aux Ktats-Uiiis, tdl(^ n'a jiiniais adinuo on I'liit ni cxcnv
aucuno juridiotion cxolusivo dans la Alor do JJclu'iii,^', ni aucun droit oxclusif sur lis
))c('liorics d(! pboqucs u i'ourruro dans ladit<! mcr, au dola dcs limitcs ordinain;s dcs
(!aux tcrritorialos.
S'lr Ic second dcs cinci ])oinis susdits, nous, Arbifrcs susnommos, ]o. Hamii dr;
Courcol, lo Jugo JIarlan, liord llanncn, Sir John Tliompson, lo Marq\iis Visconti
Vonosta, ot jVI. Grpgers (Jrani, constiliiant la )najuril(! dcs Arbitrcs, dccidoiis cl
|)ronon(;()n8 ([ue la tirando-JJrolagnc 7i'a rc(;onnu ni eoiuu'do si la liussic! aucun droit
u unc juridicti(ni < \i lusiv(! sur l<!s pccdiorics do jdio(|Uos dans la jNFcr do IJcdirinij, cii
dehors dos caiix torritorialcs ordinairos.
Sur 1(! troisi^nn; dos cin([ points susdits, (^t (juant h la pariio dudit troisi^nie point
ou nous est souniiso la <|uestion do savoir si I'ospaco do mer aujourd'hui (ronnu sous Ic
nom d(! ]\l(!r (h) iJcIiriiiL,^ otait coinj)ris dans I'oxprcssion "Ocean ra(;iliquo" telle
qu'olhf a etc (;nq)loyoc dans le toxto du Traito do 1825 outre la (irandc-I5reta^'n(! et hi
K\issio, nous, Arbiti'cs susnonimes, deeidons ot pronon(;ons a I'luianiniite quo rospaec
do mer aujourd'hui e(Hnui sous le nom do IVFor do IJehrinn' otait compris dans roxpros-
sion "(Jecan raeili((ue" iell(! qu'olh; a ote ('uiployee dans ledit Traite.
I'it (juant a la partio dudit ti'oisi(>nio point d'apres la([ucllo nous avoiis :\ doeidor
quids droits, si droits il y avait, la llussic a i)ossedos ct oxelusivcment oxercos a])r(\s
ledit Traito do 182"), nous, Arbitrcs susnoinnios, io liaron dc Coun.'cl, le .luge Harlan,
Lord llannan, Sir J(din Thom])son, le Marq\iis Viscouti Veinwta, ct M. (Ire^'ors (IrnTii,
coustituant, la majoritc dcs Arbitrcs, deeidons et jjrononyons quo la I'ussie n'a jtosseilo
ni exorce, apres lo Traito do 1825, aucun droit cxdusif d(! juridiction dans l;i Mcr do
]$ehring ni aucun droit cxdusil'sur les pecberies di; phoqucs dans cette mer, au deli'i
do la liniit(! ordinaire! dcs eaux torritoriahss.
Sur lo quatrienu' des cinq ])oiuts susdits, nous, Arbitrcs susnonunes, deeidons et
prononcons a run;uiimitc ((uo tons l(!S droits dc In Russic, en cc (|ui conccriie l;i
juridiction et en e;- (jui coiuiernc Ics pecberies dc phoiiucs, dans la jjartie dc l;i Alcr dc
JJchring qui s'ctond a Tost do la liinile maritime detcrminoo par Ic Traite du :50 ^lars,
1807, cntrc les Mlats-lJnis ot la llussic, sunt intcyralcment jjasscs aux Totals- IJnis I'li
vcrtu do CO menu! Traito.
Sur lo cinquit'^nu! dos cinq j)oints susdits, nous, Arbitrcs susnommes, le l?aron ilc
Courcol, Lord llanncn, Sir.lohn Thom])son, Ic Mar([uis Viscouti Vonosta, et M. Grei,'ii's
Gram, constituant la niajoi'ito dcs Arbitrcs, dc'icidons ct pronom;ons quo les Ktats-Unis
n'ont aucun droit dc ])rotcction ou do proprioti'; sur les pbocpics v- rouri'ure (|ui
froipumtont los ilcs appartcnant aux Ktats-llnis dans la .Mcr do Bidu'in;,', qiiand ccs
phoqucs so trouvcnt on dehors do la liniiti; (n-dinaire di; !i millcs.
Et attondu (juo los ddeisicnis ci-dcssus rclatees, sur les qu"stioiis coiiccruant la
juridiction exclusive dcs trials- Unis inentionnees dans I'Artiido VI, laisscnt les cdioscw
on «;tat tcl quo lo concours do la Grande-JJrctaijjnc est iiecossaire jjour rctablisscnieiil
do ll('>glom(!nts en vuo do la ])rotection (d, do. la presia-vatioii convcnabh.-s d(>s plKxpus a
I'ourrure babit^uit ou i'requcntant la Mcr do liobring, h; Tribunal ayant decide u la
majorito absolue des voix sur chacun des Articles dcs ili-glemcnts qui suivcnt, ii'iiis
Arbitn's susnonunes, lo IJaron do Courcol, Lord llanneii, h; Marquis Viscouti Voiosia,
ct M. (Jrcgers Gram, donnant notro asseutinient a renscmbl(! dcs Articles des I'c^li'.
mcnts qui suivcnt, ct constituant la majorito absolue des Arbitrcs, deeidons et
pronon<;ons, d'apres lo mode prescrit par lo IVaite, ipio les ll("^glcments (•Oiuiiiuns qui
suivcnt, applical)lcs en dehors des limitcs di; la juridictiim dcs(ionvcrnomonts respectil's,
sent n(5cessaircs, ot ([u'ils doivent s'cfcndrc sur Ics eaux td-apres defcrmuM'cs : —
Artich; 1. Les (iouverncmcntsdes I'ltats-lJnis ot do laGr;uidc-15retagn(! interdinait
a Icurs eitoyens cl siijefs respectifs dc; tucr, prcndi'c ou poursiuvrc, en tout !i'in[)s
et do quelque juaui^ro que co soit, les animaux communenicnl appelcs p'noqui's a
fonrriirc, dans iino zono do 00 mil'.cs aiifoiir dcs Tics I'riljylofT, on y coinpronant los
caiix tciTitorialos.
liCs millcH iiKMitinnnrH dansl('paraL]frn])li(! pn'-cAlcnt, sont dos millos f,'(!ni;raplii(m('s
(Ic ()0 ail i\(\<j;r6, dc; latitiidp.
Ai'ti(!l(r 2. liCs d<Mix (coiivfrnomcnts inf(!rdiront h Icurs citoycns ot, siijcts rcspcctifs
(1(! tii'T, prendre on poiirsiiivre les plifujiies h t'oiirruro, de f|n(!lf|iin mani(*'ro i|iin cc; suit,
pendant la s.iison s'etendani clifKine ainiee dii 1"' Miii an .'51 .Tnillef indnsivement, siir
|;i lianfe mor, d;ins ];\ parfic de I'CWan PaeifupK', <'n y comprenant, la Mer (h' l5ehrinLf,
(pii est siso an nord dn ;{")" do^Te de latitnde nord, et a Test dn ISO" de^'re de loncrifndo
(le (Ireenwieli insqu'a sa reneontre avee la liniito niMritirne decrih^ dnns I'Artiele \" du
Tniile rle 1H()7 entre les Ktals-I'nis et la I'ussie, et ensnit(( a Test de cett(! li'^'no
jusqn'an Delrnil de MehrinLj.
Article 15. Pendant la periode de totnps et dansi los ennx on l;i peclie des plK)(|Mes
i'l fonrrurc" demiMirera ])erniis(!, les navires n voiles sevont senls adniis ,'i I'exercer ou h
s'Mssoeier aiix operations d(! cotte ])eelie. Us aiiront ccpcuidant la faeidle de so faire
;^'>ister ))ar des ])iro!:fnes on fiutres einbareationa rion ponfees, mnes ])nr des pri!:,'.'iies,
(|(s raines on des voiles, dn n'lvire d(? eelles (|ni son,'. I'oininiini'iniMit employc'es oonnno
Jjati'Miix de peolio.
Arti(do 4. 'Pont naviro n voiles antfn-ise a so livrer a la prciln; des plinqnes a,
I'onrnire devra eire mnni d'niHi lieenee s])eeial(! delivree h eot elfet pnr son (ionverno-
iiient et devra porter nn ])nvillon distinclii" (jni sera, dotei'mine j)ar ledit Gonverne-
nient.
Arlielof). Los patrons des navires eni,^'l^'es dans la pe(dio des plioqiies a fonrrnn!
(levrnnt menlionner exnetenient snr lenrs livres de bord la dfi<(! et h; licai de cluupio
opc'irition do pe(die des plioipies a I'ourrnre, ;iinsi (pie io nondire et 1(! se\o des ])lio(pies
c.'iptnres eliacpie jonr. ('es nienlions devroiil etn; eoinn)nni(pi(5(!s par elwu-nn (los deux
Gonvernomenis a I'anfro a la tin de (duupit! saison de p('''clie.
Article (■». l/eniploi des (Hols, dos amies a fou ot dos evplosifs sera intia'dit dans
In i)('cli(( des jduxines a I'onrrnre. ('ett(! resfrietion ne s'nppli(|nera i)as anx i'nsils dr.
cliMsse, (piand (■el1(> peelu! sera ja'at i(|ii('e en dehors de In .^lei- de I'elii'in^' el peirlant
la s;iison on elle ponrra ('tre l('i;C''i"i''""''d exerci'c.
Article 7. liCs denx (loiivernctnents prendvont des nicsnres en vn(! de conti'olcr
I'liptitndc des lioinnies antorisi'is a (!xorcer la p('''(die des pluKjues a rourrnro; c(>s
lionmujs d(!vront ("'tn; reeonnns nples h niiuiiei' avcc nrie lin1)il(!tf' snfTisanto l(!s arnios
an moy(ni des(pielles cefte ]i('elic ponrra t"tre I'aile.
Articl(^ K. Les |{^ulei)ients contenns dnns les preeedenis Artiel(\s n(> s'nppli-
(pieront pas aux Indicns Imljilant snr los cAtes du lorritoin! des Kfats-lJnis on de la
(ii'nnde-Hretai^ne c( prali(piaut la peclie des pli()([Ues a Tourrure dans dcs piroj^ues ou
ondiarcations non ]iont('es, iion (ransp()rt('!es pnr d'autres nnvires, in enii)loy.'cs a
rnsatif(s do ccnx-ci, mni's exclnsivoniont a I'aldo do i)ai,'aies, d'avirons ou de voiles, ot
iiKUKTMivives (;lia(Min(! jjar cinq personnos an plus, do la ninni(''ro ins([n'a ])r('sont usitoc
pnr los Indicns; pourvu (pio (•(•nx-ci ne soicnt pas en^';ij^('s an service d'antnjs
personnos, ot (lu'akrs ([u'ils clmssent ainsi dans d(!s pirogues on cmbarcations uou
poiit('os, ils lie ])oiirsniv(Mit pas les pliiKpics a fonrrnre, en dcliors des oaiix terri-
loi'inlos, ou vortu dViig.n^enioiits coiirneles pour la livraisou des poau.x a uik;
pcr.sonnc quel(!()ii(ine.
Cettc ox(;eption n'aura pas ])oiii' eiret de jiorter atteir.t.e a la h'gislafion nalionalo
lie Tun on do raiitre des deux pnys ; elle ne s'etondra ])as aux oaux d(! la ALer (1(5
Helirini,', ni anx ennx dcs passes Aleoutiennos.
Aiicune des dispositions qui proci^dent ii'a pour ol)jet de s'opposor a (!0 que les
liidiens soiont oniployi'is, coinrne cliassoiirs ou ii tout autre titiv, ainsi (pi'ils Tout vX6
jusqu'i'i present, siir des n;iviros so livrant a la poursuito dos plioquos i'l I'Durruro.
Article!). Les lie!i,lcnients coininniis ('falilis par les Articles preciidonts, on viuj
de la |)rotce(ir;n et de la preservation dcs piii)([ncs a ronrrnre, deineureront en %ifj,'iiciir
jiisqn'a co (pi'ils aient {Hv. r.n tout on ])arlie abolis ou modifies [,ar nn accord eutn; los
' louvornonients des Rtats-Unis et do la (irande-Jlrcta'^iK?.
TiOsdits lii^i^lomonts coinniniis soront soumis tons los ciiuj ans a un nonvel
I'xnuKMi, ])our cpie les deux (ionveriieinents intercsses so tronvent eii inesuro
il'appn'eior, a la luniit-ro de roxpi'rionce aeqiiiso, s'il y n lien d'y apportor quolquo
modirioation.
Etattondii que lo fJouvorru^ment di; Sa ]\laj(!st(! Uritannique a soumis au Tribunal
il'Ar1)ilrasijo, par applioalion de rAr(i(de A''T1T dndit 'IViiite, certaincs questions de fait
iiiipli(pj(';cs dans les rcelninations iloni il est I'nit inenfjfm nnili* Artiide \''I1T, '>l a
soumis ('f^alcmout a nous, j'onnant. Icilit 'rrii>nnal, nn expose dcs j'aits dans les tei'ines
suivaiits : —
■t'. ti':
y':[ l
*' Conclusions dc fait propose'es par I' Agent cle la Grande- liretagne, accepte'es par I'Agenl
des Etats-Unis, qui en admet V exactitude, et soumises u rexamen du Tribunal
d'Arbitrage.
" 1. Que les divcrscs visites et saisios de navircs ou dc marchandiscs ct les diversos
arrestatioiis de patrons ct d'equipagcs, luentionnues dans FAnncxc au Moraoire
Britanniquc (pages 1 si 60 inclusivement), ont 6i& faites par autorite du Gouvorncracnt
des fitats- Unis ; les questions se rapportant a la valour dcsdits navircs ou dc Iciu
contenu, ensemble ou S(5paremeut, ct la question do savoir si les navircs dcsignes dans
I'Annexe au M(5raoiro Uritauniquc, ou certains d'entro eux, ctaient, en totalito ou en
partic, la ]n'opriete dc citoycns des l5tats-Unis, ont etc^ retirees et n'ont pas ctu I'objot
dc Texamen du Tribunal, sous cette reserve que les fitats-Unis gardent le droit do
fioulever ces questions ou ipiclqu'une d'cntrc elles, s'ils le jugent a propos, dans toute
ndgociation ultcrieuro pouvant engager la responsabilite du Gouvcrncnieut des Etats-
Unis, en cc qui touclie le paycment des sonimcs mentionnees dans I'Anucxe au
Mdmoire Britanniquc.
" 2. Que les susdites saisies, sauf en cc qui conccrne Ic ' Pathfinder,' saisi a Neali
Bay, ont cte eifcctuees dans la i[or de Bcliring, aux distances dc la cote mentionnees
au Tableau ci-annexe, sous la lettre (C).
" 3. Que lesdites visites ct saisies dc navircs ont ete faites par des navircs arnits
pour le service public des fitats-Unis, dont les Commandants avaient re(;u, toutes les
fois qu'elles ont eu lieu, du Pouvoir Exccutif du Gouveruemcnt des J'Jtats-Unis, dos
instructions dont un exemplaire est rcproduit en eopie ci-apr^s. Annexe (A), les autres
cxemjjlaires desdites instructions ctant eon formes a cc modelc sur les points essentiels ;
que, dans toutes les occasions ou des poursuites entamces devant les Cours dc District
des l5tats-Unis ont etc suivics dc condamnations, ecs poursuites ont debute par le
d6p6t d'un actc d'accusalion, dont uu modelc est annexe ci-dessous, Annexe (B), les
actes d'accusation deposr j dans les autres procedures etant, en tons points essentiels,
semblables a ce modijlc, que les actes ou delits, allegues commc motifs dc ces visites
ct saisies, ont cLc accomplis ou conimis dans la Mer dc Behring, aux distances de la
c6te dej^ indiquces ; que, dans tons les eas ou une condamnation a etc prononceo,
excepte ceux ou les navircs ont etc reiricbes apres condamnation, la saisie a ct6
approuv^e par le Gouvernemeut des Etats-L'nis, ct que, dans les eas od les navircs ont
<St6 relftehes, la saisie avait etc operee par autorite du Gouvcrncnient des Gtats-Unis ;
que les ameudes ct emprisonnements susdits ont ete prouonccs ti raisou d'iut'ruetioiis
aux lois uationales des l5tats-Unis — infractions toutes commiscs dans la Mer de Behring,
aux distances de la cote deja indiquees.
"4. Que les dilVerents ordros mentionncs dans I'Annexe ci-jointe sous la lettre (C)
cnjoignant a certains navircs de quitter la ^ler de Belirinj ou de no pas y entrer, out
6t6 donnes par des navins armes jjour le service pubLo des Etats-Unis, dont les
Commandants avaient tomes les fois qu'ils ont donn<3 ces ordres, des instructions
conformes a cclles mentionnees ci-dessus sous le Xo. 3, et que les navircs qui ont reeii
ces injonetions ctaient oeeupes a la ehassc des phoques ou I'aisaient route pour entre-
prendre cette ehassc ; ct (luc cette fayon de proceder a etc sanetiouuee par le
Gouvcrncnient des Etats-Unis.
" u. Que les Cours dc District des Etats-Unis, devant lesquellcs des poursuites
ont cte entamces ou suivies pour obtenir des condamnations centre les navircs saisis,
dont il est fait mention dans I'Annexe au Menioirc dc la Grande-Brctagne (pages 1
Jl 60 inelusivement), avaient tous droits de juridietion et pouvoirs appartcnant au Couv
d'Amirautc, y compris la juridietion de Tribunaux de Prises, mais que, dans chaque
eas particulier, la sentence prouoncee par la Cour s'appuyait sur les causes mentionnees
dans I'acte d'accusation.
" Annexe (A).
" (Traduction.) " Uipartcment du Trisor, Cabinet du Secretaire, Washinnton,
" Monsieur, "21 Avril, 1886.
"Coninie s\iite ii uno lettre du Departcnient, eu date do ce jour, vous unjoigu.mt de voua diriyer
avec le viii>eur du .Service de.s 1 >ouaue.s ' Boiir,' place .sous votre coiuuiaudemeiit, vers les lies luix
])lioques, vous etes par les presentes iuvesti de tous le.s pouvoirs uecessaires pour assurer rexticution do
la Loi dout les tenues .sont contemis daus la Section l'JiJ(J des Statuts I'evi.ses des Hitats-Unis, et ordre
vous est donnd de saisir tout navire et d'arreter et livrcr aux autorites coinpeteutes tout individu ou
'.m
toutes pereonnes que vous trouvcriez ngissimt cu violation de la Loi susmentionndo, aprfes qu'ua
avertissement sufBsant lewr aura (itd donne.
" Vous saisircz (jjjaleiuent tons spiritueux et amies a ten que rou chercherait i\ introduire dans le
pays sans une ponnissioii en ivgle, en execution ile la Section Ido'i des Statuts llevisiSs et de la
rroc.laniation du Pi(5sident en date du 4 Fevrier, 1870.
" Eespectueusement h vous.
(SignO "C. S. FAIRCTIILD,
" tSrcrdnire par interim.
" Au Capitaine M. A. Tloaly,
" Commandant Ir vapeur du Service des Douaues 'Bear,'
" i"i San Francisco (C::lilornie).
i.
"Annexe (B).
" Devant la Cour do District des l^tats-Unis pour le District d' Alaska.
"Session (Sped"! Term) d'AoiU 1886,
" (Traduction.)
" A I'Honorable Lafayette Dawson, Jugc de laditn C jur de Di,strict.
"Le ri'quisitoire a (in d'inforraation par Icquel JI. D. liall, Attorney des £tats-I'nis pour lo
District d'Alaska, iioursuivant au noni des I'llats-Unis (!t jireseut ici di'vant la four, en sa pcrsonne,
(iiiniiin Representant dca l^tats-Unis et en leiir noni, contre la goel tte 'Tliornton,' ses agres, a])paraux,
cmbarcations, eargaison et materiel, et C(nitre toutes ])ersonnes intervcnant conune ayant d(!s intt'rets
I'liijagt's dans ce navire, en poursuitc ;\ fin do confiscation, ])resente les allegations et declarations
Miivantes: —
" Que Charles A. Aliljcy, oHlcier du Service dos Douancs JIaritimes des fitats-lhiis, ciiarge d'uno
mission sp&iale dans les eaux du District d'Alaska, anterieuiement au present jour, a savoir le
1" Aoftt, 188li, dans les limites ilii torritoire d'Alaska et dans ses eaux, et dans les liniilos di district
civil et judiciaire cl'AIaska, ii .savoir dans I'dtenditc des eaux do cette jiartie do la Mer de Uuniing qui
ii|i|iartient audit district, dans des eaux navigaliles pour des navinis venant de la liaiitc nier el Jaugeant
ID tonneaux on au-dessus, a saisi lo vaisseau ou navire comniunemunt dcnonmie goijlette, le 'Tliornton,'
sL's aj^res, apparaux, eniliarcations, cargai.inn et materiel, lesquels etaient la projiridte d'une ou do
[iliisicurs personnes incounues dudit attorney, et les a confisques an prolit des Etats-Unis ))our les
causes ci-aju'cs :
" (.}\w ledit navire ou gnelette a ete trouve se livranl a la destruction des plioquos a i'ourrnre, dans
It's limites du torritojre d'Alaska et de .siss eaux, en violation des dispositions de la Section 1950 des
Statuts I!evis(js des foats-Unis ;
" Et ledit attorney declare ([ue toutes les propositions ci-dcssus I'noncdcs et cliacunc d'elles sont
et t'taient vraies, et qu'elles tonibent sous la juridiction maritime et d'amiraute de cette Cour, et que,
pour cette raison, ct en execution des Statuts des Etats-Unis dtablis et edictes pour de tels cas, le
navire ou la goelette nientionneo et decrito ci-dessus, jaugeant plus de 20 tonneaux, ses agri-s, apparaux,
oniliarcations, eargaison et materiel ont etc et sont eontisques au profit des Ktats-lJnis, ct que ladite
gnelette se irouve maintenant dans le district susdit.
" Ce pourquoi ledit attorney demandc f[uo I'lionoralilo Cour do Justice precede ct ;ivise comme
il'usage en cette afl'aire, ct que toutes personnes ayant un inti'ret dans ladite goelette ou navire soient
uitees par voie d'assignation generale ou spcciale, afin de rcpondre aux propositions susenonce'os, et que,
i la suite do la procedure a ce n(;ccssaire, ledit navire ou goelette, ses agres, apparaux, cmbarcations,
eargaison et materiel soient coudannii's pour ladite cause ou tout autre (pi'il apparaitrait juste, par
arri't formel et deeret de cette honorable Cour, et confisques au prolit desdits Etats-Unis, scion la forme
lies Statuts desdits r^tats-Unis, ctalilis et edictes pour de tels cas.
(Signe) "M. D. li.VLL,
" At/iJitu'i/ ih:-< £lii(ft-Uiiin jwuf Ic di-itricf iV Alaska.
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" Annexe (C).
" La Table ei-dcssous conticnt les noms des navires Britanniques employes k la chasao des phoques
qui ont etd saisis ou avcrtis par les croiseurs du Service des Douancs des Etats-Unis, de IBSO ii 18'JO,
"t la distance approximative de la tore ou ccs saisies ont eu lieu. Ces distances sont indiquees, en ce
'|ui eoncerne les navires ' Carolena,' ' Thninton,' et ' Onward,' d'nprcs le tt'nioignage du Comnu.ndant
Alilioy, do la Jfarine des Etats-Unis (voir Mi" Congres, 2" .Session, Senat, Documents Executifs,
•N'o. 10(1, pp. 20, 30, et 40). EUcs sont indiquces, en ce "jni eoncerne les navires 'Anna I'ock,'
'W. P. Sayward,' 'Dolphin,' ct 'tJrace,' d'aprcs le tOmoignage du Capitaine Shepard, de la Marine du
Tr&or des Etats-lhiis (Livre lUeu, Etat.s-T'uis, No. 2, 18'.)0, pp. 80-.S2 (voir ■ Appendice au Memoire
ilritannique,' vol. iii)."
■ '■■':'. Jl
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.'.i . <
Nom du Navirc.
Date
de la Soi
-ie.
Distance aiiproxiiuative ile Terre uu moment
de 111 Saisie.
Navire
i|Ui a
des Ktats-Unis
fait la Haisie.
Carolena
1" Aoftt,
188fi
75 mi Ile j
Corwin.
Thomlou
1" ,.
18?fi
70 millr'i .. .. .. ..
Idem.
Onward ., ,.
2
18P'J
1 1.') inilles .. .. .. .i
Idem,
Favourite .. ..
2
188G
Averti par le " Corwin," h peu prea dans la
meme position (|ue " I'Onward."
Anna Beck
2 Juillet,
1887
66 inilles .. .. .. .•
Rush.
W. P. Sayward
9 „
1887
59 mitli'S .. .. .« ..
Idem,
Dolpliiii
12 „
1887
40 niilles .. •• •• •.
Idem.
Grace . . . . . .
17 .,
1887
96 milles .. .. .. ..
Mem.
Alfred Adams . • • « . .
10 Aoiit,
1887
62 niilles .. .. ,.
Idem.
Ada
25 „
1887
IS inilles .. .. .. ..
Bear.
Triumph , . . .
4 ..
1887
Averti |iar le " Rush " de nc pas entrer dans
la Mer de Behring.
Juanita .. ..
31 Juillet,
1889
66 inilles .. .,
Rush.
Pathfinder
29 „
1889
50 niilles .. .. .. ..
Idem.
Triumph .. ,.
11 ,.
188!)
Averti par le " Ru.sh " d'avoir ?i (piittcr lii
Mer de Beiiring. Position au moment de
I'avertissement (?).
Black D.amond
11 .,
1889
35 niille.'i .. .. .. .*
Ir'om.
Lily..
Aofit,
1889
66 inilles .. .. .. -.
Tdem.
Ariel • . . . , ,
30 Juillet,
1889
Averti par le "Rush" d'avoir ii <)ui"c: i.
Mer de Behring
Kate..
13 Aout,
1889
Idem.
Minnie
15 Juillet,
1889
65 niilles .. •• .. ..
Idem.
Pathfinder
27 Jlars
1S90
Saisi dans la Bale de Neah»
Corwin
Et attcndu que Ic Gouvcriiement do Sa Majostt; Britanniquc a detnandd a nous,
Arbitres susuommes, de decider suv lesdites questions do fait, tcUcs qu'elles rdsultcnt
de Vcxpose susmentionue ; que I'Agent et Ics Conseils du Gouvcrncmcnt des Etats-
Unis ont, en notre presence et s'adressant a nous, declai'e que ledit expos6 des faits
6tait confirmc par les d(''positions des tt^moins, et qu'ils s'dtaient mis d'accord a^'cp
I'Agent et les Conseils de Sa IMajcste Britannique pour s'en rcmcttro a nos Arbitres
de dii-e et prononccr veritable, en tant que nous le jugerions a propos, ledit expos^
des faits.
Nous, Arbitres susnommt-s, disous et pronon9ons a Tunanimite que lesdits faits,
tels qu'ils se trouvent dans ledit exposd, sout veritablcs.
Et atteudu que toutcs et cbacune des questions qui ont et6 examinees par le
Tribunal ont etd deeitldcs u la majorittj absolue des »oix,
Nous, le Baron de Courcel, Lord Ilannen, le Juge Ilarlan, Sir Jolm Thompson, lo
Senatcur Morgan, le Marquis Visconti Venosta, et ]M. Grcgers Gram, etant enteiulii
que les Arbitres qui se sont trouves en miuorite sur certaines questions, ne retireiit
pas leurs votes, declarons que lo present aete contient la decision finale et la sentence
6crite du Tribunal, conformement aux prescriptions du Traite.
Fait en double a Paris, et signo par nous, le 15"' jour d'AoAt de I'anude 1893.
(Sign^) ' ALPH. DE COURCEL.
JOHN M. HARLAN.
JOHN T. MORGAN.
HANNEN.
JNO. S. D. THOMPSON.
VISCONTI VENOSTA.
G. GRAM.
[Englisli Version.]
Award of the Tribunal of Arbitration constituted under the Treaty concluded at Washington,
February 29, 1892, between the United States of America and Her Majesty the Queen
of the United Kingdom of Great Britain and Ireland.
WHEREAS by a Treaty between the United States of America and Groat
Britain, signed at Wa-sliington the 29tli Febiixary, 1892, the ratifications of which by
the Governments of the two countries were cxcliangod at London on the 7th May,
1892, it was, amongst other things, agreed and concluded that the questions which
had arisen betwetn the Government of the United States of America and the
* La Dale de Neah est lituee dans I'Ktat de ^Va^hington, ct le " Pathfinder" y a elu saisi, du chef de delits commis par hii
iuM la Mer de Behring I'annee prdcedente. Cc bfitinietit fut relilclie deux jours plus tard.
9
Government of Her Britannic ^Eajcsty, conc^rnino,- the jurisdictional rights of the
United States in the waters of I3eliring Sea. and concerning also the preservation of
the fur-seal in or habitually resorting- to the said sea, and the rights of the ci izens
and subjects of either country as regards the talcing of fur-seals in or habitaally
resorting to the said Avaters, should be submitted to a Tribunal of Arbitration to bo
comiiosed of seven Arbitrators, who should be appointed in the following manner, that
is to say : two should be nauu>d by the President of the United States; two should be
named by Her Uritannie ^Majesty; bis ExecUency the President of the French
Kcpnblic should be jointly requested by ti:e High Contracting Parties to name one ;
His ^lajesty the King of Italy should be so requested to name one; ITis ^lajesty the
King of Sweden and Xorway should be so requested to naue one; the seven
Arbitrators to be so named should be jurists of di>tinguished reputation in their
respeetive countries, and the selecting Powers should be requested to choose, if
possible, jurists who are acquainted with the English hniguage;
And whereas it was further agn>ed by Article 11 of the said Treaty that the
Arbitrators should meet at Paris within twenty days after the delivery of the Counter-
Cases mentioned in Article IV, and should proceed impartially and carefully to
examine and decidt^ the questions which had been or should I)e laid before them as in
the said Treaty provided ou the part of the Governments of the United States and
of Ilcr nh'itannie ^lajesty respectively, and that all ([u.cstions considered by the
Tril)unal, including the llnal decision, should be determiiu'd by a majority of all the
Arbitrators ;
And whereas by Article YI of the said Treaty it was further provided as
follows : —
" In deciding the matters submitted to the said Arbitrators, it is agreed that the
following five points shall be submitted to them, in order that tlieir Award shall
embrace a distinct decision upon each of said five points, to wit :
" 1. What exclusive jurisdiction in the sea now known as the Behring Sea, and
what exclusive rights in the seal fisheries therein, did Paissia assert and exercise prior
and up to the time of the cession of Alaska to the United States ?
" 2. How far were these claims of jurisdiction as to the seal fisheries recognized
and conceded by Great Britain ?
" 3. Was the body of water now known as the Behring Sea included in the phrase
' Pacific Ocean,' as used in the Treaty of 1825 between Great Britain and Russia ;
and Avhat I'ights, if any, in the Behring Seu were held and exclusively exercised by
Russia after said Treaty ?
" 4. Did not all the rights of Russia as to jurisdiction and as to the seal fisheries in
Behring Sea east of the water boundary, in the Treaty between the United States
and Russia of the 30th IMarch, 1867, pass unimpaired to the United States under that
Treaty ?
" 5. Has the United States any right, and if so, what right of protection or
property in the fur-seals freqiuMitiug the islands of the United States in Behring Sea
when such seals are found outside the ordinary 3-mile limit ? "
And wliereas bv Article VII of the said Treaty it was further agreed as follows : —
"If the determination of the foregoing questions as to the exclu 've jurisdiction
of the United States shall leave the subject in such position that the concurrence of
Great Britain is necessary to the establishment of Regulations for the proper protection
and preservation of the fur-seal in, or habitually resorting to, the Behring Sea, the
Arbitrators shall then determine what concurrent Regulations, outside the juris-
dictional limits of the respec'^ive Governments, are necessary, and over what waters
such Regulations should extend ;
" The High Contracting Parties furthermore agree to co-operate in securing the
adhesion of other Powers to such Regulations."
And whereas, by Article VIII of the said Treaty, after reciting that the High
Contracting Parties liad found themselves unable to agree upon a reference which
should include the question ef the liability of each for the injuries alleged to have
been sustained by the other, or by its citizens in connection with the claims presented
and urged by it, and that " they were solicitous that this subordinate question should
not interrupt or longer delay the submission and determination of the main questions,"
the High Contracting Parties agreed that "either of them
might
submit to the
Arbitrators any question of fact involved in said claims and ask for a finding thereon,
the question of the liability of either Government upon the facts found, to be the subject
of further negotiation ;"
And whereas the President of the United States of America named the
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10
Honourable John M. Harlan, Justice of the Supreme Court of tin* (Jnitcd States, and
the Honourable John T. ^lorgan, Senator of the United States, to be two of the said
Arbitrators ; and Her Britannic ^lajesty named the Rii^ht Honoural)le Lord Hannoii
and the Honourable Sir .lohn Thompson, Minister of Justice and Attorney-General for
Canada, to be two of the said Arbitrators ; and his Excellency the President of the
French Republic, named the Earon de Coureel, Senator, Ambassador of Trance, to be
one of the said Arbitrators; and His Majesty the King of Italy named the Marquis
Emilio Viseouti A^'iiosta, former 3Iiiiisler of Foreign Affairs and Seiiator of tliu
Kingdom of Italy, to be one of the said Arbitrators; and His Majesty the King of
Sweden and Norway named Mr. Gregers Gram, Minister of State, to be one of llu;
said Arbitrators ;
And whereas avo, the said Arbitrators, so named and appointed, having tal<cu
upon ourselves the burden of the said Arbitration, and having duly met at Paris,
proceeded impartially and carefully to examine and decide all the questions su])mittcd
to us the said Arbitrators, under the said Treaty, or laid before us as provided in llm
said Treaty on the part of the Governments of Her Britannic Majesty and the United
States respectively.
Now we, the said Arbitrators, having imjiartially and carefully examined the said
questions, do in like manner Ijy this our Award decide and determine; the said
questions in manner following, that is to say, we decide and determine as to the five
points mentioned in Article VI, as to which our Award is to embrace a distinct
decision upon each of them ;
As to the first of the said five points, avc, the said Baron de Coureel, Mr. Justice
Harlan, Lord Hannen, Sir John Thompson, Marquis Visconti Venosta, and Mr. Gregers
Gram, being a majority of the said Arbitrators, do decide and determine as follows : —
By the Ukase of 1821, Kussia claimed jurisdiction in the sea now known as the
Behring Sea, to the extent of 100 Italian miles from the coasts and islands belongini;
to her, but, in the course of the negotiations which led to the conclusion of the
Treaties of 1821 Avith the United States, and of 1825 with Great Britain, llussia
admitted that lier jurisdiction in the said sea should be restricted to the reach of
cannon shot from shore, and it appears that, from that time up to the time of the
cession, of Alaska to the United States, Ilussia never asserted in fact or exercised any
exclusive jurisdiction in Beliring Sea, or any exclusive rights in the seal tisherios
therein beyond the ordinary limit of territorial waters.
As to the second of the said five points, we, the said Baron de Coureel,
Mr. Justice Harlan, Lord Ilannen, Sir John Thompson, Marquis Visconti A'euosta,
and j\[r. Gregers (Jram, being a majority of tiie said Arbitrators, do de(;ido and
determine that Great Britain did not recognize or concede any claim, upon tiie part of
Russia to exclusive jurisdiction as to the seal-fislieries in Behring Sea, outside of
ordinary territorial waters.
As to the third of the said five points, as to so much thereof as requires ns to
decide whether the body of water now known as the Behring Sea was included in tlie
phrase "Pacific Oec^an,'" as used in the Treaty of 1825 betwe(!n Great Britain and
Russia, we, the said Arbitrators, do unanimously decide and dotermine, that the body
of water now known as the Behring Sea, vvas included in the phrase " Pacific Ocean "'
as used in the said Treaty.
And as to so much of the said third point as requires us to decide what rights, if
any, in the Behring Sea were held and exclusively exercised by Russia after the said
Treaty of 1825, we, the said Baron de Coureel, Mr. Justice Harlan, Lord Hannen,
Sir John Thompson, Marquis Visconti Veno;'ta, and Mr. Gregers Gram, being a
majority of the said Arbiti-ators, do decide and determine that no exclusive rights of
jurisdiction in Behring Sea and no exclusive rights as to the seal fisheries tfieroin,
were held or exercised bv Russia outside of ordinarv territorial waters after the Treatv
of 1825.
As to the fourth of the said five; points, we, the said Arbitrators, do unanimously
decide and determine that all the rights of Russia as to jurisdiction and as to the seal
fisheries in Behring Sea, east of tin; Avater boundary, in the Treaty between the United
States and Russia of the 30tli March, 18G7, did pass unimpaired to the United States
under the said T'l'caty.
As to the fifth of the said five points, avc, the said Baron de Coureel, Lord Ilannen,
Sir John Thompson, Marqius Visconti Venosta, and Mr. Gregers Gram being a n;ajority
of the said Arbitrators, do decide and determine that the United States has not any
right of protection or proj)erty in the fur-scils frequenting the islands of the United
States in Behring Sea, wlien such seals are found outside the ordinary :J-mile liuiit.
11
And ■nlioi'oas the aforosakl dctorniiimtion of tho forcgoincf questions as to the
cxcliisivi; jurisdiction ol' the United States mentioned in Article VI leaves the subject
in such a position tlmt the eoneurrenee of C}reat Uritain is necessary to the establisli-
nienl of Itegidations for the proper protectioii. and preservation of the fur-seal in or
habitually resorting to the Ikdiring Sea, the TriDunal having decided by a majority as
tn each A'^ticle of the following Regulations, Ave, the said Baron dc Courcel, Lord
Ilamu'n, ^Farquis A'isconti A'enosta, and 'Sh: Gregers Gram, assenting to the whole of
the nine Articles of the following Regulations, and being a majority of the said
Avhitiators, do deeid(> and determine in th(! mode provided by the Treaty, that the
following ecmcurrent IteguLitions outside the jurisdictional limits of the respective
Governnu'uts are necessary, and that they should exteiul over the waters liereinafter
nicutioned, that is to say :
Article 1. The Governments of the United Stat(^s and of Great Uritain shall
forbid their citizens and subjects rcspeetiv<}ly, lo kill, ca|)tuie, or pursue at any time
and in any manner Avhatever, the animals commonly called fur-seals, within a zone of
60 miles around the Priljvhjff Islands, inclusive of the territorial Avaters.
The miles mentioned in th(> preceding paragraph are geographical miles, of GO
to a degr(>e of latitude.
Article 2. The two Governments shall forbid their citizens and sul)jccts respec-
tiA'cly to ^ ".1, capture, or pursue, in any manner Avliat(!ver, during the season
oxtcndiIl^, each year, from the 1st ifay to the 31st .Inly, both iiiclusiA-e, the fur-seals
on the high sea, in the ])art of tho Pacific Ocean, inclusive of the l^ehring Sea, Avhieh
is situated to the north of the 85th degree of north latitude, and eastAvard of the
ISOth degree ol" longitude from Greenwich till it strikes the Avater boundary described
in Article \ of the Treaty of 1867 between tho United States and Russia, and
following +hat line up to Behi'ing Straits.
Article 8. Diu'ing the period of time and in the Avaters in Avhich tlie fur-seal
fishing is alloAved, only sailing-vessels shall be permitted to carry on or take part in
fur-seal iisiiing oi)erations. They Avill, hoAVCA'cr, be at liberty to aAail themselves of
the use of such canoes or undecked boats, propelled by jiaddles, oars, or sails, as arc
in common use as fishing boats.
Article 1. Hach sailing-vessel authorized to fish for fur-seals must be provided
Avitli a special licence issued for that purpose by its Government, and shall be required
to carr\ a distinguishing flag to be prescribed by its Government.
Article 5. The masters of the vessels engaged in fur-seal fishing shall enter
accurately in their official log-book the date and place of each fur-seal fishing
operation, and also the number and sex of the seals captured upon each day. These
entries shall be eommmiicated by each of the tAvo Governments to tho other at the
end of each fishing season.
Article 6. The use of nets, fire-arms, and explosives shall be forbidden in the fur-
seal fishing, This restriction shall not apply to shot guns Avhen such iishing takes
place outside of Behring's Sea during the season Avhen it may be laAvfully carried on.
Article 7. The two GoAernments shall take measures to control the fitness of the
men authorized to engage in fur-seal fishing. These men shall haAc been proved fit
to handle Avitli sufficient skill the Aveapons by means of Avhich this fishing may be
carried on.
Article S. The Ilegulations contained in the preceding Articles shall not apply to
Indians dwelling on the coasts of the territory of the United States or of Great
Britain, and carrying on fur-seal fishing in canoes or vmdecked boats not transported
by or used in connection Avith otiier vessels, and propelled Avholly by paddles, oars, or
sails, and manned by not more than five persons each in the Avay hitherto practised
by tlie Indians, provided such Indians are not in the employment of other persons,
and provided that, Arhen so hunting in canoes or undecked boats, they shall not hunt
fur-seals outside of territorial Avaters under contract for the delivery of the skins to
any person.
This exemption shall not be construed to aifect the municipal laAv of either
country, nor shall it extend to the Avaters of Behring Sea, or the waters of the
Aleutian i asses.
Nothing herein contained is intended to interfere Avith the employment of Indians
as hunters or otherwise in connection Avith fur-sealing vessels as heretofore.
Article 9. Tho concurrent Regulations hereby determined Avith a view to the protec-
tion and preserAation of the fur-seals, shall remain in force until they have been, in
Avhole or iu part, abolished or modified by common agreement between the Govern-
ments of the United States and of Great Britain.
[820] C 2
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■ .■■,«
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12
Tho said concurrent Regulations shall l)e submitted every five years to a new
examination, so as to enable l)otb interested Governments to consider whether, in tho
light of past experience, there is occasion for any modilication ihereof.
And whereas the Government of ITor Uritannic Majesty did submit to the Tribunal
of Arbitration by Artich^ YIII of the said Treaty, certain qntistions of fact involved
in the claims referred to in the said Article VllI, and u.>! also submit to us, the said
Tribunal, a statement of the said facts, as follows, that is to say : —
" Findings of fact proposed htj the Agent of Great Britain and agreed to as proved hi/ the
Agent for the United States, and submitted to the Tribunal of Arbitration for ils
consideration.
" 1. That the several searches and seizures, whether of ships or s?oods, and the
several arrests of masters and crews, respectively mentioned in the Schedule to tlu!
British Case, i)p. 1 to (50 inclusive, were made by the authority of the United States'
Government. Tho questions as to the value of the said vessels or their contents, oi'
either of them, and the question as to whether the vessels mentioned in the Schedule
to tho British Case, or any of them, were? wholly or in part the actual property of
citizens of the United States, have been witlidrawn from, and have not been considered
by the Tribunal, it being understood that it is open to the United States to raise these
questions, or any of thi!m, if they think tit, in any future negotiaticms as to tho
liability of the United States' Government to pay tho amounts mentioned in the
Schedule to the British Case.
" 2. That the seizures aforesaid, with tho exception of the ' Pathfinder,' seized at
Ts'eah Bay, were made in Behring Sea at the distances from shore mentioned iu tho
Schedule annexed hereto marked (C).
" 3. That tlie said several searches and seizures of vessels were made by pid)lic
armed vessels of the United States, the Commanders of which had, at the several times
when they were made, from the Executive Department of the Government of the
Unite(1 States, instructions, a copy of one of which is annexed hereto marked (A), and
that the others were, in all substantial respects, the same. That in all the instances iu
which proee(>dings Avere had in the District Courts of the United States resulting in
condemnation, such proceedings were begun by the tiling of libels, a copy of one of
which is annexed hereto marked (li), and that tlie libels in the other proceedings were
in all substantial res])ects the same ; that l!u' alleged acts or offences for which said
several searches and seizures Mere made were in each case done or committed in
Behring Sea at tht; distances from sliore aforesaid ; and that in each ease in which
sentence <jf condemnation was passed, except in those eases when the vessels were
released after condemnation, the seizure was adopted by the Government of the United
States : and in those eases in whicli the vessels were released the seizure Avas made by the
authority of the United States ; that the said fines and imprisonments Avere for alleged
breaches of the municipal laAvs of the United States, Avhieh alleged breaches avciv
Avholly committed iu Behring Sea at the distances from the shore aforesaid ;
"4. That the several orders mentioned in tho Schedule annexed iiereto, and
marked (C), Avarning Acssels to leave or not to enter liehring Sea Avere made by public
armed A'^essels of the United States, the Commanders of Avhich had, at the several times
when they Averc given like instructions as mentioned in linding ',], and that the vessels
so Avarned Averc engaged iu sealing or prosecuting voyages for that pur])ose, and that
such action Avas adopted by the Government of the United States ;
" 5. That the District Courts of the United States iu Avhich any proceedings Avere
had or taken for the purpose of condemning any vessel seized as mentioned in tiie
Schedule to tho Case of Great ]?ritain, pj). 1 to GO inclusive, had all the jurisdiction
and powers of Courts of Admiralty, including the prize jurisdiction, but that in each
case the sentence pronounced by the Court Avas based upon the grounds set forth iu
the libel.
■'M
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I lie
t.i -
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13
" Annex (A),
" J'iUtiiiiri/ Diiiiiiiiiifnt, Oijtn- of the f^ccrc/",-!/, ll'i^hingfon,
r. ^ _ ".(/)/'■// 21, 18Sii.
•■ Ki'iV'mii.i,' to Dr'pnvliiioiit lotiev of tlii'^ diiio, (liiectiii,:,' yim ti) piococil wiili ilio ii'Vunue-sti'miur
111,' nmler your roiiiiuiiiKl, to llu' Seal IMaiids, &c., ymi iiio liereliy clotlieil with fiill.iuiwcr to cnfmci!
LdW containnd in tlio prnvisicms nf .Seclidii I'.C.C m' tin; I'liiifil Stilus' Kovised Siututi-<,;md diioctod
1 i/X nil M'^si'ls lUid il^•l'^t nnd dclivev to tliu |iriiper autiniritids niiy m- nil iior-miis wlinm ymi niiiy
•ct viiilatiiij,' ihc Law r(jrL'iT{?d to, ni'ti'i' duo notiro .--liiill liavn I'ucii ,L;ivcii.
" \'oii will idso seize any lic[Uov3 ov tire-nvms iittemptcd to be introduced into the lountry without
)cv ]iei'Mul, under the iirovisions of Section lOoo of the Eevised Stiitutes, and the Priwlnmntion of
President (luted llie llli Fehnuny, 1.S7U.
" llespectrnlly vouvs,
Nil^'ued) "V. S. FAIKCIIILI),
•• ./■ iii>ij iSeirdiin/.
l.iinM. A. Ileidy,
CViinnmndir.;j; rcvi'nin'--li'aiiK'r '
" Sail Francisc.i, Califoinia.'
lie
"Annex (B).
■ III till' Pisliicl Court of the l.'iiitcd SiatfS tor the IMstvici of Alaska.
■• Ai'fj"^/ .syicc/"/ T(,'„i, ISSi'i.
■To ;1k' UoiKmralilo Lal'ayelte Dawson, Judge of said District Court,
' The liliel of inlbrniiitiou of "SI. 1). IJall, Attorney for the United States lor the 1 tistiict of Alaska,.
who jiidseeutes oil lichalf of said United States, and hciiij^' jiresent here in Court in his iiroper jiersoii,
in llic iiaiiu^ and on lichall' of the said United States, against the schooner ' Tlioniloii,' lier tacls'lc,
;i].]i,ii'cl, Ijoats, cargii, and furninire, and a'jainst all pei'sons inlcrvi nine; for tln^iv interest liiercin, in a.
,Mibc of forfeiture, allegi's and informs as follows: —
'•Thai Charles A. Alihey, an olljcer in the llrviMiue ^Mariiu; S('rvice of ihe Cniled .States, and on
-]iciial duly in the waters of the district of Alaska, iierelofore, to wit, on tin- Lst day rif Aiigusi, ISSO,
wiihin the limits ol' Alaska Territory, and in the waters thereof, and within the civil .and Judicial
district of Alaska, to wit, wiihin the waters of that iiortion of liehring Sea lielonging to the said
ilisirict, on waters navigable from the sea hy vessels of 10 or more tons Imrdeii, seizcMl the ship or
vessel commonly called a schooner, the ' Thornton,' her tackle, apparel, hoalH, cari^o, and furniture,
lii'iiig the ]iropcrty of some jierson or persons to the said Attorney unknown, as forfeited to the United
States for the following causes :
"That the said vessel or seliooncr was I'ouud engaged in killing fur-seal within t'.'e limits of
Alaska 'J'erritory, and in the waters ihercfif, in \iolauon of .Section lOoi; of the L'evised Statutes of ihu
United States.
" And the said Attorney saith that all and --in'^ular the jiieiiii.^es are and were true, and wiihin tho
Athiiirally and ^rariiime jurisdiction of this Court, and that hy reason thereof and hy force of the.
■statutes of the United States in surh cases made and jirovided. the afore-meiilioned and desirihej
-ilinoiier or vessel, Ijeiiig a vessel of over L'O tov,s Imrdeii, lier tackle, a]i]iare!, Iioats, cargo, ami
;''niiilure, hecanie and are forfeited to the use ol' the said I'nited Stales, and that said srliooner is now
iviiliin the district aloresaid.
"Wherefore the said Attorney jirays the usual ]irocess and monition ol' this llonourahle Court
ii>ue in this behalf, and that all [lersons interested in the bct'ore-menlionetl and descrilied schooner or
vr.-xel may be cii-..] hi general and special to answer ilie jireiniscs, and all due proceedings being had,
that tho said schooner or vessel, her tackle, ap]iarel, boats, cargo, and furniture, may, for ihe I'ausn
;if avsaid, and olliers ajiiiearing, to be condemned by the deliuite sentence and deiree of this honourable.
Court, as forfeited to the u.se of the said United .Stales, according to the ibrni of the Statute of Uie said
Inited Stales in such cases made and provided.
(Signed) -M. 1). lULL,
" rnllnl S'"tc--i' J)is<'n't/ Alhiranii for flic DlMdnt of Alaska."
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"Annex (C).
"The following Table shows the names of the Ib'ilish .sealing-vessels seized or warned by United
.Slates' revenuc-cruizers, l.SS'i-lS'JO, and the approximate distance I'miii laud when .seized. The
ilLstanees assigned in the cases of the ' Carolena,' 'Thornton,' and 'Onward,' are on the authority of
United States' NTaval Commander Abbey (see TiOth Congress, 2iid Session, Senate Executive Docuinent.i
N'o. lOG, ])p. 20, oO, 40). The distances assigned in the cases of the 'Anna Deck,' ' AV. I'. Sayivard,'
' llolphin,' and 'Cirace,' are on the authority of Captain Shepaiil, United States' Iloyal Marino (151u«
I'look, United .States, No. 2, l.S'JO, pj). 80-82. See Apiieiidix, vol. iii)."
if,ui
i°'iir .
I, v;i V
11
Naiiiu lit'
ViMcI.
Dalo
' Sl'i/IM'f.
Approximnto DUlnnce fiuin I.iind
Unil..l States' \t,,t\
wluii iiiieil.
making Seizure*.
Curcil.iia
August
1.
1S80
75 iiiilc!) .. ., ..
(ill-will.
Tiiuiiirnti
1,
IfSU
'0 lllllc'S ,, ,. ,.
Ditio.
Onwuril .,
t.
2,
H8li
ll.'iinili'H
, ,
Ditto.
FttVOHiitit
..
U.
\«m
Wiiriiid Ijy " CiirBiii " in abiiut inmo pi
«H "Uimaril."
lltioTI
Anim Ilirk
.Uily
2
1SS7
(Wi niiii'ii .. ••
. .
Uu«li.
Vi. V. Snywnril
,,
(1,
18H7
,'i9 mili'4 1. .,
. .
Ditto.
Dulpltiii ..
,,
ll',
18H7
'HI niili'.i ,, •. ..
, ,
Ditto.
Griic
1?,
1SS7
9l>>r.il,4 ,, ..
^,
Ditto.
Allriil Ailanis , ,
August
10,
ina7
1.2 mill'-'
,,
Ditto.
Alia..
,,
'.'.'>.
1887
15 tllilc!! •• •• *.
, ,
Hear.
Triiini|ili , ,
,,
•1,
1887
Wurupil by " lluili " imt to filter IWliriii
gSeo.
JuBllitU
.Inly
31,
1889
Cnmilct
Rush.
Pothfinil.T
■l'\
IHSd
.')<) iiiilc^ ..
, ,
Ditto.
Triumiili
11.
1889
Orilcreil out cif Hihriiig Sia Ijy " Uuah
A» to position when wnriicd.
' (•')■
Black Dinnioiiil
tt
11.
1889
35 mllcH
,,
Ditto.
Lilv..
August
fi,
1889
CG inilfs •« •• ..
,.
Ditto.
Ariel
July
.111,
1889
Orili'irJ out of Bclirini; Sea liy " Kiuli
*
Kntu..
AuL;iist
13,
1889
Ditti).
Miiinii; .,
.luly
l.'i,
1889
C5 milo
,,
Ditto.
Pallifiuiicr ,.
March
27,
189"
Siiziil in Ni'oli Day*
••
{'orwin.
And Avlicroa.s the Govcrniiicnt of ITcr Britannic .Majesty did ask tlie said
Ai'liitrators to find tlio said facts as set rortli in the said stateinent, and whereas llie
Agent and Counsel i'ov the United States' Goveriunent thereupon in our presence
informed us that the said statement of facts was sustained liy the evidence, and that
they liad agreed with tlie Agent and Counsel I'or Her Britannic ^lajesty that we, the
Arhitrators, if we should think fit so to do, might find the said statement of facts to
be true ;
Now, Ave, the said Arbitrators, do unanimously iind the facts as set forth in the
said statement to be true ;
And •ndiercas each and every question which has been considered by the Tribunal
has been determined by a majority of all the Arbitrators ;
Now, we. Baron dc Courcel, Lord Hannen, Mr. Justice Harlan, Sir Joliu
Thomjison, Senator Morgan, the Marquis Yisconti A^enosta, and Air. Gregers Gram,
the respective minorities not Avithdrawing their votes, do declare this to be the linal
decision and .Vward in writing of this Tribunal in accordance with the Treaty.
Made in duplicate at Paris, and signed by us the 15th day of August, in the vear
1893.
And we do eertifv this English version thereof to be true and accurate.
(Signed) ALl'li. DE COUBCEL.
JOHN M. HAllLAN.
JOHN T. MORGAN.
HANNEN.
JNO. S. D. THOMPSON.
VISCONTI VENOSTA.
G. GRAM.
Inclosure 2.
DMarat'ions failes par Ic Tribunal d'Arbitragc et presentees aux Gouvernemenis des
pAttls-Unis et de la Grande-Bretagne pour I'tre prises en consideration par ccs
Gouvcrnements.
1. LES Arbitrcs declarent que les R^glements commuus tels qu'ils sont etablis
par le Tribunal d'Arbitrage. en vertu dc TArticlc VII du Traite du 29 F^vrier, 1892,
n'^tant applicables que suv la haute mer, devront, dans leur pens^e, hire completes
par d'autres R(>glements applicables dans les limitcs de la souveraineto de chacuue
des doux Puissances intdressees et qui devront etrc fixes par elles d'un commuii
accord.
2. A'u I'etat critique auquel il parait constant que la race des plioques a foiu-rure
se trouvc actuellcment reduite par suite de circonstances incompl^ement 4claircies,
* Ncah Bay is in the State or Wusbington, anil the
ia the previous year. She was rcleaied two dajs later.
' Pathfinder " was suizetl there on charges made agauist her in Bebring Se.a
15
li's Vi'l)itros croiciiu dovo'ir rocoiuiiiaiidci' aux deux (ioiivcrncmciits do so concortor on
viio d'iidcrdii'o (oiifc dostruclioii dt's ])Iif)(|iios h foiirnn'o, taut sui' tern' quo siir mor,
|)('ii(l;int tino ])vv'i xlo do doiix on trois .■in><, on (ruiic Miitioo ;m iiKiins, snul' tidies
cxi'i'plioiis (jiii^ los d(Mix (lOMvcnu'iuoiits pniiiTaiout froiivcr m jiropos d'adiiiottn'.
Si ooti(> MK'siifc doiiiiait do hoiis rosidtals, (>llo i)oiiiTait otrn appliniu'o do iioiivoaii,
?i coi'tains intorvallcs, sidvaiit los eiiroustaucos.
;5. Los Av1)iti'os d('olaroiil on fiud'o ([iio, dans lo\ir ponsoo. l'o\oculi')'; d(!s
rvru'Ionioiits otalilis jiar lo 'I'i'ilmnal d'ArI)itrago dovra olro assiuvo jiai' ini oiisc;nI)lo do
sti|iulati()iis (>l (!<• nu'snros qiril ai)iinrtioii(lfa aux doux I'uissanoos d'ai'ivtor, ot quo lo
Tribunal doii s'on roiuoitro I'n oomsohuohoo h oes doux I'nissancos pour rundr: oll'ootii's
lc>s ifri^lonionts otahlis par lui.
rait ot. slijao a Tans, 1(> IT) AoAt, 18!)3.
(Sioau'O
.T'approuvc los Doclanitions 1 ct 3.
.1 'ai)pi'ouvc Ics Doolri rations 1 et 3.
ALVH. DE COUIICKL.
.TOIIX M. ITAHLAN.
JOHN T. MORGAN.
IIANNEN.
jxo. s. D. Tiio:\ri'.soN.
VISCOXTI VJCNOSTA.
G. GRAM.
I Eny'lish Version. J
Declarations made h\j the Trihunul of Arliitrufion <nid referred to the Gorernments of the
United States and (Ireat Britain for their consideration.
1. THE Arbitrators doolaro (hat tlu> oonourronl llcjiulations, as dct(M'niinod
ii|ion by tlio Tribunal of Arbitration, by virtue of Artiolo Vll of tiio Treaty of tlu5
2!)tli Ecdn'uary, 1S{)2, boin^• applicable to the high s(>a only, should, in their opinion,
be supi)lemontod by other lle;,ndations applioablo within tho limits of the sovereignty
oF cacli of th(> two Powers interested, and to ]w settled by their eomnion agreement.
2. In view of tho critioal eondition to whioh it appears certaiii that the race of
fur-seals is now reduced in consequence of circumstances not fully known, tho
Arbitrators think ilt to recommend both Governments to come to an iindin'standing in
order to prohibit any killing of i'lir-^oals, either on laud or at sea, for a period of two
(ir three years, or at least one year, subject lo such exceptions as tho two Governments
might think px'oper to admit of.
Such a measure might be recurred to at occasional intervals if found bencflcial.
3. The Arbitrators dc(dare, moreover, that, in their opinion, the carrying out of
tl.e Regulations determined upon by the Tril)unal of Arbit.'-atiou should be assured by
a system of stipulations and measures to be iMiacted by the two Powers ; and that the
Triljunal must, in consequence, leave it to tiie two Powers to decide upon the means
for giving effect to the Regulations determined upon by it.
AVe do certify this English version to be true and accurate, and have signed the
.same at Paris, this 15th day of August, 181)3.
(Signed)
I approve Declarations 1 and 3.
I approve Declarations 1 and 3.
ALPH. DE COURCEL.
JOHN M. HARLAN.
JOHN T. MORGAN.
HANNEN.
JNO. S. D. THOMPSON.
VISCOXTI VENOSTA.
G. GRAM.
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PROC
?5 4 "S. :r
AI
ON THl
1((
UNITED STATRS. No. 11 (1893).
BEHRING SEA ARBITRATION.
PAPERS
RELATING TO TUB
PROCEEDINGS OF THE TRIBUNAL OF ARBITRATION
CONSTITUTED UNDER
• 'ii-
mi
ARTICLE I OF THE TREATY CONCLUDED AT WASHINGTON
ON THE 29th FEBRUARY, 1892, BETWEEN HER BRITANNIC MAJESTY
AND THE UNITED STATES OF AMERICA.
Presented to both Houses of Parliarm^nt by Command of Her Majesty,
fieptember 1893.
,1lfe<
LONDON:
PRINTED FOR HER MAJESTY'S STATIONERY OFFICE
, BY HARRISON AND SONS, ST. MARTIN'S L\NE,
rHINTIBI IN OBDINABY TO HtH HAJISTT.
y. .'
And to be pircbased, either directly or tbrau|[ti >nj BooltieUer, from
KYRB AND SPOTTISWOODE, Eait Habdino Strkbt, Flket 8tb»t, E.C , and
32, Abingdon Strkt, WnTHiNSTKB, S.W. ; oB
JOHN MENZIBS & Co., 12, HAHovra Stribt, Edinbubsr, and
go, Wbst Nile Stbiet, GlasouW) ob
HODGES, FIGGIS, & Co., Limited, 104. Graftok Stbiet, Dublin.
t t
inn]
-Ilk
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TABLE OP CONTKNTS.
No.
Name,
Date.
HUBJRCT.
Png.
I
To Mr. Tuppur
..
K«b. 17, ico;i
Initnicti him to |iror»<'il to I'arii, ■nil to
■ttpiid Amt mei'tinK of Triliunul
1
'i
>• n
..
>7,
Mr. Maiwi-ll a'ld Mr. Frouilo have bren
■iipoiiitod to nitiiiiit liini . .
■i
3
Mr. Tuppcr .,
98,
Ilaron dt-CoiirciO kiikk*""'! that Tribunal ahould
(TelPKrapliic)
adjiiiirn till 6th April
2
4
To Mr. Tuppcr
• •
(Tvlrgripttic)
92,
Approvim course proponed in No. 8. . .
;i
9
Mr. Tuppar ..
• • * •
21.
Iti'porti arrival iu Paria ..
3
6
i» i» ••
..
9i.
Seciecy aKri'i-nicnt should not bo prolonged
bevoiid 23rd February
.Appointmi'Ut of Mr Williams as Associate
3
7
Thf Mnrquii of DufTerin
22,
Coumud of United States
4
8
Mr. Tii;)j)«r . .
,
93.
Tiibunal ailjcuincd lo 23rd March. Decision
(Te1t>graphic)
to maintain secrecy until next meotinf;
4
9
Tlif Murquii of Dn
Terin
a<,
Report uf proceedings at first meeting of
Tribunal
4
10
Mr. Tupper . ,
• ■ •
38,
United Stales' (lovernmcnt objected to adjourn-
ment beyond V<3rd March
6
11
•• *i • •
* • » ■
24,
Incloses I'rntocol No. 1 ., ,,
5
V2
II »
• •
24.
Ki'porti proceedings at first mveting , ,
7
13
II II • •
, .
V5,
Enitlinh translation of first I'rotocol..
7
14
I* *( ••
..
3fi,
I'urposes to return to Liindon .. .,
9
15
To Mr, Tiipper
• • • ■
Mar. 1,
Approves his proct'edingn . .
»
16
Mr. Tiippor . .
• • • •
3.
Proposed arrangemunti respecting his staff in
Paris
9
17
To Mr. Tuppw
■ • ■ •
8.
Approves his recommendations in No. 16.
Mr. Fairholme and Mr. Anderson will be sent,
if their presence is rei|uired
10
18
Mr. Tupper . .
* • • •
19.
Ileporls arrival of Diiliiih staff in Paris
10
19
If II • •
< •
23.
Tribunal has adjourned till 4th April. All
(Telcgrnphic)
pr<iccedin){s to be public . .
10
SO
91 If • •
• • • .
28.
Mr. ElliotiV Report, lias asked Mr. Poster to
produce it . , . . .. ..
10
SI
To Mr. Tupper
• • • .
28,
Mr. Piggott will proceed to Paria .,
11
23
Mr. Tupper ..
• • • •
38,
Correspondrni-e respecting the admission of the
8u|iplenirn iry Report of the British Com
miskioner ...
11
S8
If ft ••
• • •■
28,
Mr. Ki>.<t*r announces that he will move for
ri'ii^ction of certain claims for damages speci-
fied in liritish Cuunter-Caie ..
14
34
To Mr. Tupiw
• • • ■
Apr. 8.
Approves action repotted In No. 22. .
14
33
Mr. Tup|ier ..
»• ■ •
6.
Tribunal has directed that Mr. Klliott's
lieport should be regarded as before the
Arbitrators. Question of claims in Counter-
C'aie reserved for consideration. Mr. Phelps
propo«ed rejection of iJupplementary Report
of British Comniitsioneri. Arrangement fur
shorthand reports . . . . . .
15
S6
II If • •
• • • •
6,
Cupplementary Report of British Commii
sioners. Argument continued ..
16
27
ii II • •
• • ••
7,
Same argument continued. . ..
15
98
If fi ••
• • • •
9,
Ditto
16
39
II fi • •
•■• ••
11.
Shorthand Report*. Mr. Foster proposes to
terminate the arrangement . .
16
30
II If • ■
• • • .
12,
Supplementary Report of Britlih Commit
sioners, and cliiims in British Counter-Case.
Decision of Tribunal
17
SI
It II ••
• • • .
12.
Shorthand Reporit. Proposes to proceed with
them on behalf of Her Majesty's (jovern-
ment . .. ,. .,
19
S8
II •! ••
• • • •
13,
Opening of case for the United States by
Mr. Carter ..
19
"!■
■ Vo Mr. Tupper
• • • •
l»i
Shorlhand Reports. Approves proposed course
SO
34
Mr. Tuppor ..
. • • •
14,
Continuation of Mr. Carter's speech
SO
8.5
II II
. • • •
16.
Ditto
20
86
II /I ••
• • • •
18,
Incloses Protocol No. 3 . . . .
SI
37
If >i • •
• • • .
18,
Shorthand Reports. Mr. Foster's statement,
explaininir hit reaioni for withdrawing from
the arrangement . . , . . .
35
[691]
No.
38
Mr.
3ft
*•
40
M
41
t»
a
(1
43
>l
44
II
4.i
4<
47
48
49
60
,tl
52
53
64
55
66
67
68
69
CO
61
62
63
64
65
CS
67
68
69
70
78
79
BO
81
82
83
84
66
8G
71
II
72
II
73
1,
74
1,
75
•I
76
II
77
1*
TABLB or CONTENTS.
m
I'hk«
1 to
[icen
, ,
2
outd
• •
2
•
1!
3
iged
. .
3
ciatc
,.
4
BIOD
,
4
5 of
..
4
urn-
. ,
&
,
5
• •
7
• •
7
• •
9
9
10
10
10
10
11
It
14
14
IS
IS
IS
16
16
17
19
19
10
SO
SO
31
35
No.
Name.
Dale
Subject.
Pag.
38
Mr
Tu|>|>«r ••
Apr. SO, 1893
Continuation of Mr, Cart^r'H >priT.h
36
39
»i
II • • • • ••
21,
Ditto..
i28
iO
|t
tl • • • • • •
84.
Ditto .. .. ., .. ..
86
41
tt
f 1 • • • « • •
25,
Ailiournmont till ^nil May, owing tu illnvm of
Lord llannrn
26
4V>
«l
It • . * • > •
M.y 2,
Incloxeii I'rotneolii Nor. 8, 4, and 6 . .
27
43
II
If • • • • • •
3,
Cuntitiiiation ot Mr. Cortcr's ipct •'h
39
44
11
II • • • • • •
4,
CoiiiiiK'nci'nieiit of Mr. Coudrrt'a iipi.-»rh
3'i
45
•t
II • • •■
5,
(^oiitiiniiition of Vir. Coiidert's npcrcli
32
46
II
ii • • • • •
6,
Incloiii'H IVntocoU NoH. 0, 7, 8, and U
as
47
tt
• ) t • • . • •
8,
Mr, Ellioti'i Hi'pciit. Ini'loneii copivs ,.
37
48
>t
II • • • • • •
8,
Continuation of Mr. Condvrl'H ipt^cirli
37
49
II ■ • • • • t
1".
Concliittion of Mr. Coudi^rt a aiicrcli ..
37
40
»»
II . • < •
n,
Opniiin;? of the argiiment for Groat Britain bj
th<! Altonipy-Ofncral ..
38
SI
1 '
>i •• •• ••
II,
lnclo8iH i'rotocoln Noa. 10, 11. 12, 13, and 14
38
S3
»l
II ■ . • • • •
15,
Continuntion of the Attorncy-OenKmla apt'ecli
42
S3
II
It • • • •
V3,
InrloacH Prntorola Nna. 15, 16, 17, and 18
43
S4
II
It • • • • • .
S4.
rontinnation of tlie Attorney- U
45
5S
»l
,1 ■ • • •
25.
Oitio .. .. ..
45
SO
■1
(1 . . • . . .
2(>,
Ditto ..
4S
S7
To Mr. Tuppcr
29,
It innit be left lor liiin to ''j!cide in conaultation
(TeUKfaphic)
with CouOM-l whether nny claim for «oin-
pcnaation nbnil 1)0 prcHned
46
88
Mr
Tupp«r .,
30,
Continuation ol th»! Aitorney-Ciencnira apeirb
48
S9
To
Mr. Tupper .. •.
81.
Arrangement vonrliidtid with Ituaaiaaa riy^nTiU
regulation of ncaiing off lluaiiaii noaats and
ialanda .. .. ..
46
CO
To
Colonial Office
31,
CInini for compenaotion. Inalructiona acnt to
Mr. Tup|*er (a«o No.57)
47
61
Mr
Tupper ••
31.
Continuation of the Attorney-Gcnerara apeech
47
63
tt
II • • ■ • • •
June 1,
Concluaion of the Attorney-fienerara apeerh.
He »aa followed by Sir If. Wcbater
47
63
II
t* a • •• • •
2,
Continuation of Sir 1{. Wehater'a aprenh
48
C4
l»
II • • • • • ■
3,
Shorthand Heporta. Further correajiondenie
with Mr. Foster
48
65
»»
• I •• •• •*
3.
Correapondence with Mr. Foater on the question
of the ownerahip of aealing-veaaela
49
66
II
ft • • • • • •
3,
^ncloaea I'rotocola .N'oa. 19, 20, 21, 22, and 23
5U
67
• »
l| • • • • • *
6.
\''ontinuution of Sir K. Wehnler'a apereli
34
68
II
II • • • • • •
7.
M. (irunra atitemt-nt aa to the rulca coneeming
territorial water* in Sweden and Norway.
Continuation of Sir U. Webater'a apeerh
54
69
1*
*» P» • • ••
8.
ConcluHion of .Sir R. Webater'i apeech. Mr.
Itobinaon followed him
55
70
t*
H *■ • • • >
9.
Concluxion of Mr. Kiihinaon'a argument, A
atatenient of the Kegulationa rirjitire.l pre-
aenled by Mr. Foater, Commencement of
hpcecli by the Att<jrney-(jenvral on the
queation o(' Kegulationa. .
56
71
fl
tf • • • • » •
13.
Continual ion of the Atlornej-Vieneral'a apeech
56
79
II
It • • • • • •
14,
Ditto, lie wua followed by Sir K. Webster . .
67
73
1*
II • • •• ••
15,
Continuation of Sir It. Webater'a apeech
57
74
M
II • • ■ • • .
16,
Ditto..
58
75
tl
Tl • • t ' •
16,
.Mr. GofTa Iteport from i'rihyloff Ialanda. Mr,
Foaler haa no copiua, and du«a not conaider
that he ia hound to produce it ,. ,,
58
76
II
It • • • • • •
20,
Continuation of .Sir K. Webater'a apeech
59
77
II
• • •• •• «•
21.
Sir R. Webster rDHcluited hia apeech, nnd aub-
milted a draft Scheme of Itegulations, .Mr.
I'lipper read a document aetting forth (he
findin^a of fact with regard to the aeiturea.
.Mr. Itobinaon commenced hia apeech
69
78
If
t» • • •• •■
20,
Incloaea Protocola Nos. 24.25,26,27, 28,and29
62
79
It
II • • • • • >
22,
Haa diapen<ied wiih aervireaof Mr. Macoun and
Mr. Ucx
66
SO
I*
H •• •• •■
29,
Correa|iondence respecting Kussian aeizuiea of
liiiliah aealera haa been handed in to the
Tribunal. }' . Uobinion contini'ed hia
■pei'ch
67
81
II
•1 ■ • • • • •
88,
Commencement of Mr. Phelpa' apeech
67
82
II
II • • . • • •
98.
Urgea neceasity for immediate rt!turn of the
Attornpy-(ieiieral to I'arii
68
83
To Mr. Tupper
«',
Satiafaciion at report of Mr. Boi a aervicea ,
Continuation of Mr. Phelpa' apeech .
68
84
Mr
Tupper
27,
6h
89
It
II • • • • • .
98,
Ditto..
ti
8G
II
(t • • • • • •
29,
Ditto..
69
^
'■''•ii
.r.
':J1
1 t
st-.
'i-
' 'I .••'
^f. ;'. i:-*-^;
i.'
I
*.ifi
: ^^ i,
.'< '',1-
;Vk-^'if
^*-^- •'. •fy\- :;*
'f-vs^ei
1 , t.i al '!l
* Hci f|«^ Xj
5'|-P*I
^JH^HE
■j|R«,.|
^IHUr
imm
.aJHll
iii
IT
TABLE OP CONTEXTS.
m
4
No.
87
88
89
90
91
9-J
93
94
95
!<6
97
98
99
100
lOl
103
103
104
105
106
107
108
Naiiir,
Mr. Tupper
To Miirquis of Dufferin and others
To Marquia of Dufferin . .
To Mr, Tupper , . . ,
To Lord Hcnneii and Sir J.
Thompson
To Sir C. Kusaell and isir K.
Webster
To SiiG. Baden-Powell
Lord Hnnnen
Sir C. Russell . . , .
D»te.
July 3, 1893
4,
6,
5.
/.
II,
18.
■25,
25,
Aug. 4,
12,
15,
16.
15,
as,
29.
29.
29,
29.
Sept. 6,
8.
Subject.
OonliujBtion of Mr. Phelps' -peech
')itto .. .. . ..
Ditto ..
incloses ProtocoU N<8. 30 to 30
Contimmtion of ^If. PlielpV speech ,.
Mr. I'helps concliuled his speech, and the
public sittings of the I'ribunal were brought
to a close
Incloses Protocols Nos. 40 and 42 to 47 ..
Incloses Protocol rso, 41 ..
Only Mr. Maxwell and .Mr. Pope retrain in Paris
Incloses Protocols Noi>. 48 to 53 ,. ..
'I'esiinioiiy niven by the Arbitrators lo the utihty
ot the Sliurthand Ueports
Incloses the decision of the Arbitrators
Ackno<»ledges the services rfindered by British
Counsel and staff .. ..
Leaves laris to-day. Mr. Maxwell remains
for a few dayt . •
Iiistniclions to convey to foreign Governments
the Queen's ucknowledgraents of the services
rendered by the Arbitrators named by them
Instructions to thank the President of tiie
French Republic and M. Develle for
hospitality shown to the gentlemen engaged
in the / rbitration .. ,. ,.
Conveys the Queen's approval of his services.
Acknowledgments to the other gentlemen
employed
Conveys the Queen's approval of their services
Conveys the thanks of Her Majesty's Goveri.-
nients tor lhe:r services
Olfeia tliank.< of ller .Majesty's Government
for his i-ervices
bixpres^es gratitude for ackuowled>^nierit of his
services . . . .
Expresses gratitude for the acknowledgement
of his services, and for the assistance rendered
to him iu his work . .
Page
69
69
70
70
84
8(
H
S9
94
94
98
101
101
102
102
103
I p.,
10.
'LI4
104
lOo
105
Page
•
69
..
69
..
■0
.
70
..
S-)
and the
brought
,
SI
47 ..
S4
S9
94
in Paris
.,
94
he utility
..
98
i
ini
f British
101
remains
102
rnments
services
by them
102
of the
'lie for
engaged
• >
103
services.
nilemtn
ip.
services ; lu,
I overt. -
'LM
rnment
.. 104
t of iiis
• •
105
gement
ndered
•
105
BEHRING SEA ABBITRITION.
Papers relating to the Proceedings of the Tribunal of Arbitration
constituted under Article I of the Treaty concluded at
Washington on the 29th February, 1892, between Her
Britannic Majesty and the United States of America.
No. 1.
The Earl of Sosehery to Mr. Tapper.
Sir, Foreiyn Office, February 17, 1S93.
THE first meeting of the Tribunal in tlie Behring Sea Arbitration having been fixed
for the 23rd instant, 1 have to request you to proceed to Paris to attend it.
Her Majesty's Attorney-General, Sir Richard Webster, Q.C., and Mr. C. Robin*
son, Q.C., of Canada, will also attend the meeting as Counsel on behalf of Her Majesty's
Government, and will be ready to give you their advice and support.
It will probably be convenient that you should ho in Paris t\»o or three days
jirovious to that date in order to enter into informal cominunieations with the United
States' Agent, or with the gentleman whom ho may have delegated to represent him,
for the purpose of arranging the course of procedure to be adopted before the Tribunal.
You are aware, from the corresponilehce which has aheacly been fornarded to you,
tliat it has been agreed by the Governments of Her Britannic Majesty and the United
Slates .i:'\t 'he first meeting of the Tribunal shall be avtendcd by one Arbitrator on the
part ; Cieat Britain, one on the part of the United St.ites, and one of the three
^Vl ri.'<^s selected by the foreign Governments.
» I fh^s fyst meeting the Agent of the United States will apply for an adjournment
ol (b ' r \/u;::il to the 23rd Marcb, to which date the presentation of the printeJ
Argumei ivo ild thereby be postponed, and you are authorized to concur in the
application.
it has further been agreed that all matters other than t'lat of this adjourniiicnt, and
such action as may be deemed by tlie Arbit 'aiors present ai necessary for the organiza-
tion of the Tribunal, shall be postponed to the full meeting; on the 'J3rd March.
Amongst the subjects which tnay be classed iu the category of those to be discussed
at the first faceting are the following : —
1. The question whether the proceedings before the Tribunal shall be kept secret
until its close, .and whether such secrecy shall apply to the Case, Counter-Case, and
T.ument presented on either side.
'iiie matter seems to Her Majesty's Government to be one for the decision of tho
.,'i'!*" ovf>. It would probably bo found convenient for them that the discussions
.Ml -1 00 considered as confidential while they are proceeding. There does not appear
to be the same objection to the publication of the Cases, Counter-Cases, and Arguments,
nor of the lieports of the Behring Sea Commissioners, respecting which latter the Treaty
oidy stipulates that they shall not be made public until they shall have been submitted
L«91] B
*^;Mii
HP)i>
7 vi-;,.
P^bL
Pwn
I*"'i' i'
■QH
r .'i-'
ffiH
Ip*.-,-
f
1 •.
■3.
'%
to the Arbitrators. But in respect to these ilocuments also, Her Majesty's Governmnut
are willing to follow the course which may appear most convenient to the Arbitrators,
2. The question of the appointment of a Secretary or of Joint-Secretaries to the
Tribunal.
As the French Government will provide the place of meeting, and as the French
Arbitrator has consented to attend the first sittiug, he will no doubt he designated bj
the Arbitrators as President of the Tribunal, and lie will probably have proposals to
make as to the choice of a Secretary or Secretaries, and as to the arrangements for
clerical assistance and the printing of the Protocols.
As soon as the business connected with the first meeting is completed you will bo
at liberty to return to London, in order to proceed with the preparation of the printed
Argument.
I have to request you to furnish me with Reports of each meeting of the Tribunal,
both on the first occasion and subsequently when the full meetings take place, in a
numbered series of despatches according to the forms in use in this Office.
You will refer to me, by telegraph, for instructions on any doubtful points whicli
may call for immediate decision.
I am, &c.
(Signed) RCSEBERY.
No. 2.
i
4 .
.''^*
" ;!':
The Eu,l of Bosebery to Mr. Thipper.
Sir, Foreign Office, February 17, 1893.
WITH reference to my preceding despatch of this day's date, I have to inform yon
that I have appointed Mr. 11. V. Maxwell of this Office, and Mr. Ashley Eroude,
C.M.(i., lato Secretary of the Behring Sea Commission, to assist you in your work as
British Agent in the Behring Sea Arbitration.
These gentlemen will accompany you to Paris for the first meeting of the
Tribunal on the 23rd instant, and for the subsequent meetings which will commence
on the 23rd proximo.
• I am, &c.
(Signed) ROSEBERY.
No. 3.
Mr. Tapper to the Earl of Rosebery. — {Received February 22.)
(Telegraphic.) Paris, February 22, 1893.
BEHRING SEA Arbitration.
The meeting of the Tribunal is fixed for 11 o'clock on Thursday morning.
Baron de Courcel has suggested to the United States' Acting Agent and myscU
that the adjournment shall extend to the Gth April instead of to the 23rd March, and
that on 30th March the printed arguments shall be handed in to the Arbitrators.
The proposed adjournment would defer the second meeting till after Holy Week,
and would enable the Tribunal to consider the argument without further adjournment,
which would be necessary for that purpose were 23rd March to be date of the seconcl
meeting.
The United States' Acting Agent is telegraphing to his Government for instruc-
tions.
Sir Richard IVobster and Mr. Robinson approve, subject to the views of Her
Majesty's Attorney-General, who has not yet arrived here. , , ;, . ■ .i
Does the jiroposal meet with your Lordship's approval ? , . , , ,:
3
i\"o. I.
The Earl of Roscbery to Mr. Tapper.
(Tcleijrapliio.) Foreign Office, February 22, 1893.
THE course proposed by Baron de Courcel seems to bo convenient. I approve
the arrangement as stated in your telegram of to-day.
'1^1
1*0. 5.
Mr. Tupper to the Earl oj Rosebcry. — {Received February 23.)
My Lord, Paris, February 21, 1893.
I HiWE the bonour to acknowledge the receipt of your Lordship's despatches
of the ^ 4 th instant, containing instructions for my guidance at the first meeting of the
Bohring Sea Arbitration Tribunal, and informing me that Mr. R. P. Maxwell and
"SI V. Ashley Froudc would accompany me to Paris.
I have the honour lo inform your Lordship that, in accordance with your
instructions, I left London yesterday, and arrived here the same evening, accompanied
by the above-mentioned gentlemen and my Private Secretary, Mr. J. Pope.
I have, &c.
, , . (Signed) CHARLES H. TUPPER.
u
'.'<'l
■Jk
No. 6.
Mr. Tupper to the Earl of Rosebery. — (Received February 23.)
My Lord, Paris, February 21, 1893.
I HAVE the bonour to inform your Lordship that I called this morning at Her
Majesty's Embassy, accompanied by Mr. Maxwell, Mr. Froude, and my Secretary,
ilr. Pope, and saw Mr. -Vustin Lee, from Mhoni I obtained much useful information
in connection Avith the meeting of the Tribunal of Arbitration.
Finding that Mr. William Williams, tlic Junior Counsel for the United States,
was staying at the Hotel Continental, I called upon him, and learned that he had been
delegated to represent Mr. Foster, the Agent of the United States, pending the latter
gentleman's arrival in Paris.
We then by arrangement made several official visits together, and endeavoured to
sec Baron de Courcel, in order to make an ap[tointment for tlie meeting of the Tribunal
on Thursday.
Having failed to ihul his Excellency at home, we have made an appointment to
call on him togctlier to-morrow morning, at 10 o'clock.
Lord Hannen and Mr. Justice Harlan have expressed their willingness to meet at
any hour which may be agreeable to Baron de Courcel.
I am of opinion, if your Lordship should see no objection, that the agreement as
to the secrecy of the Cases and Counter-Cases should not be prolonged beyond the
23rd instant ; but that in regard to this question, as well as to that of opening the
proceedings of the Tribunal to the public, it would be advisable to defer to whatever
opinion the Arbitrators may express on the subject.
Mr. Williams has intimated to me that his Government desired the publication
of the Cases and Counter-Cases, and he considered that the agreement as to secrecy
would terminate on the 23rd instant.
I hare, &c.
.. ,r ,. ,,. .. - ; • (Signed) CHAELES H. TUPPER.
^'y.!-^< .>
, 1
•ic.
,iivr^t: nti
[691]
• iii'.J •..ii; 't >'
'vr
.i^-ynnr,
m
m
ii!
No. 7.
Tilt; Marquis of Dnffcrin to Ifie Earl of Rosebery. — (Rareived February 23.)
My Lord, ' ' ' Paris, February 22, ISOi).
I HAVE the honour to tratiMnit herewith copy of a letter which I have received
from the Minister of the United States in Paris, informing me that Mr. William
Williams, Ae^Ov/iato Counsel of the United States hefore the Tribunal of Arbitration
convened to decide the questions of fur-seals, has been designated to act as Special
Agent of the United States at the meeting of the Tribunal to be held on tho
23rd instant. .......
I have, &c.
... (Signed) DUFFERIN and AVA.
Inclosure in No. 7.
Mr. CcoKdge to the Marquis of Dufferin,
My Lord, Paris, February 21, 1893.
I HAVE the honour to inform your Excellency that Mr. William Williams,
Associate Counsel of the United States before the Tribunal of Arbitration convened to
decide the question of fur-seals, has been designated to act as Special Agent of tho
United States at the meeting of tho Tribunal on the 23rd instant.
I have, &c.
(Signed) J. JEFFERSON COOLIDGE.
No. 8.
Mr. Tapper to the Earl of Rosebery. — '{Received February 23.)
(Telegraphic.) Paris, February 23, 1893, 6 p.m.
THE Tribunal has decided to adjourn until the 23rd March, the further
adjournment referred to in my telegram of yesterday not having been agreed to
by the Government of the United States.
With regard to tlie publication of the Cases and Counter-Cases, the Tribunal
decided tliat tlie matter did not come under their consideration ; and understand tliat
it is the intention of tho United States' Government to publish these documents.
No. 9.
The Marquis of Duferin to the Earl of Rosebery, -^{Received February 25.)
My Lord, Paris, February 24, 1893.
THE Behring Sea Arbitration Tribunal held its first meeting yesterday at tlie
Ministry of Foreign Affairs. It was attended by Baron de Courcel, the French Ar])i-
trator (who was requested by his colleagues to act as President for the occasion), by
Lord Hanncn, the British Arbitrator, and Mr. Justice Harlan, the United States'
Arbitrator, as well as by the Honourable C. H. Tupper, the British Agent, and
Mr. W. Williams, acting as Agent for the United States in the place of Mr. Foster,
who has not yet arrived. ; i .: -, :
\o Counsel wvro proseut on l)elialf ol' the United States, but Sir Ciiai-les Russell
and Sir llicliard Webster uttcnded as Counscd on beiialf of Great Britain.
On the proposal of tlic United States' Aetin<j Apent, supported by the British
Affcnt, the Tribunal aijourned till the 23rd March, and it was agreed that, pending a
decision to be taken by the full Tribunal, the proceeding-! should bo kept secret.
I took the opportunity of a ball at the filysde in the evening to present Lord
Haiinen and Mr. Tupper to the President of the llepublic.
I have, &c.
(Signed) DUFFERIN and AVA.
No. 10.
Mr. Tupper to the Earl of Rosebery. — (Received February 27.)
My Lord, Paris, February 23, 1893.
AFTER a conversation yesterday with Baron de Courcel and Mr. Williams, the
Acting Agent for the United States, I had the honour to inform your Lordship
by telegraph that a suggestion had been made by the former to the effect that the
Tribunal of Arbitration should be adjourned till the 6th April, and the presentation of
the printed arguments postponed till the 30th March.
I duly received your Lordship's telegram of yesterday, informing me that you
approved of this proposal.
Mr. Williams, however, stated to nic thia morning that his Government had
instructed him to object to the proposed postponement beyond the 23rd March, though,
he added, it was probable that after the meeting on that date an adjournment might
be desirable for a few days.
No allusion was therefore made to the question of an extended adjoui'nment at
the meeting of the Tribunal to-day.
1 have, &c.
(Signed) CHARLES H. TUPPER.
No. 11.
Mr. Tapper to the Earl of Bosebery. — {Received February 27.)
My Lord, ^ Paris, February 24, 1893.
I HAVE the tionour to t/ansmit herewith to your Lordship a copy of the Protocol
of the first meeting of the Behring Sea Tribunal of Arbitration, which was held
at 11 o'clock yesterday morning at the French Ministry of Foreign Affairs.
This Protocol, which is drawn up in the French 'language, was finally approved
and signed by the three Arbitrators at an informal meeting held this morning,
and attended by the Agents of the two Governments in accordance with the request of
the Tribunal.
An English version of the Protocol has been prepared, and will be si
to-morrow by Mr. Williams and myself.
I have, &c.
(Signed) CHARLES H. TUPPER.
''<.''!'■ I
:;,''^p|
4
Tnclosurc in No. 11.
Protocoles des Seances du Tribunal d' Arbitrage, constitue' en vertu t/e la Convention tk
29 Fevrier, 1892, signe'e u Washington enlre le Oouvernemenl des EtatS'Unis et dc Sa
Majesty Britanniijue.
Protocole I.^-S^ance du 23 Fe'vrier, 1893.
LE Tribunal s'cst rduni a Paris dans rH6tel du Minist^ic des Affaires fitraugircs
de Prance.
Lcs Arbitrcs presents «5taicnt : —
L'llonorablo John ^[. Harlan, Jugc do la Cour Sui)remo des fitats-Unis, un des
Arbitrcs dt^signes par les l-itats-Unis ;
Sou Excellence le Baron Alphonse dc Courcel, Senateur, Arbitrc designd par la
Franco;
Le Tr6s llonorable Lord Haunen, Pair d'An,i!;leterrc, sic'gant i\ la Cour Supirrac
d'Aj)pel, un des Arbitrcs ddsignes par la Grande-Bretngnc ;
Lesquels se sont assures que leurs pouvoirs respectifs tJtaient en bonne et valable
forme.
M. lo Baron de Courcel est invite par ses collogues h prendre place au fauteuil de
la Pr^sidence pour la prescnte stance.
Assistent i\ la stance : — ..... .; .. ,•.'•. :
M. "William "Williams, on quality d'Agent Spdcial et Conseil Adjoint pour lcs
fitats-Unis, et
L'llonorable Charles H. Tupper, en quality d'Agent do Sa Majestd Britanniquc.
MM. Williams et Tupper ont d«5pos<5 sur le bureau du Tribunal Arbitral lcs
Commissions qui les accreditont devant le Tribunal.
Assistent dgalement i\ la s6ance, en qualitd de Conseils du Gouverncment
Britannique : —
Sir Charles Russell, Conseil de la Reine, Membre du Parlemcnt, Attorney.
General de Sa Majeste Britannique ;
Sir llichard "Webster, Conseil de la Heine, Membre du Parlemcnt ;
• M. Christopher Robinson, Conseil de la Reinc.
Le Prdsident a invite M. Henry lY'cr, ancien Consul-General de Franco, il redigor Ic
Protocole de la stance, avcc le coucours de MM. Williams ct Tupper.
M. Williams, agissant au nom du Gouvei-nement des Etats-Unis, demandc ([uc
le Tribunal s'ajourne au 23 Mars.
M. Tupper, au nom du Gouverncment Britannique, appuio la demandc di;
M. Williams.
Sir Charles Russell, Principal Conseil de la Gmnde-Bretagne, declare que les
Conseils, quoique informes d'avance dc la demandc qui devait 6tre prdsentee, out
tenu, par deference pour lo Ti'ibunal Arbitral, a so presenter li cette premit^re stance.
Le Tribunal Arbitral, faisant droit a la demandc, qui lui est adressde au nom
des deux parties, decide de s'ajourner au 23 Mars.
.La question de la publication des M(5moires et Conti'C-Mdmoires ayant 6t6 posuc,
lcs Arbitrcs ddclarent qu'elle n'est pas do lour competence.
Quant i\ la publication du Protocole de la prdscnte sdaneo, les Arbitrcs presents no
se trouvant pas en nombre suffisant pour prendre une decision dc nature a lier pour
I'avenir le Tribunal Arbitral, ddclarent que jusqu'i\ nouvel ordre lo Protocole dc la
sdauce du 23 Fevrier demeurora secret.
Le Tribunal Arbitral s'ajourne au 23 Mars. " ' , ','' ' '
Ainsi "1.11 h Paris, le 23 Fervrier, 1893, et ont signd :
Le President ALPH. DE COURCEL.
L' Agent Special des fitats-Unis .. WILLIAM WILLIAMS.
L'Agent de la Grande-Bretagne .. CHARLES H. TUPPER.
.Le Secretaire H. EEEB.
[For translation, sec Inclosure in No. 13.]
' No. 12.
* Afn Tupper to the Earl of Rosebery, — {Received Februnvy 27.)
j[y L(ir.l, Paris, February 2ii, 1893.
'i'i.) supplement the report of tlio procoodings of yesterday's iiu'otiiij? of tho
TrilmiKil, eontaiiiod in the I'rotocol wliieli is inclosed in my immediately preceding
(lespatcli, I liaye the honour to furnish your Lordship with the I'ollowinf^ aceount
of wliat took place.
liaron do Courcol, havinp taken tho Chair as President, stat(<d that tho ohjoet
(,f til'' Trihunal was to consider tho propriety of commencing tho proceedings if
neitlicr of the Agents had any ohjection.
If there were any ohjection or any proposal to make, such as tho question of an
ndjournmcnt, it should come from the Agents of the parties, and now was the time it
ghoulil he made.
yW. Williams thereupon made liis proposal for an adjournment till tho 23rd
Mai'cli, to wliieh I assented, and to wiiich the Trihunal agreed.
ISir Charles RussoU then addressed the Trihunal as recorded in tho Protocol.
Tlie President next requested tho Agents to inform their respective Governments,
and to cause the four Arhitrators who wore not present to he advised, of tho decision
of tlio Tribunal in regard to tho adjournment, lie added that tho Arbitrators present
did not feel able, in tlie absence of their colleagues, to arrange for the appointment of
a Secretary or Secretaries, but that for the purposes of the present meeting the Protocol
would be prepared by M. Peer, formerly in the French Consular Service, with tho
assistance of the Agents of both parties.
The Protocols, he said, would be drawn up in French and English, French being
the language of the country in which tho Tril)unal Avas assembled, and English that
of the two nations who were interested in the Arbitration.
^fr. Williams then st.ited that the documents in the Case had up to the jiresent
been kept secret, in accordance with an Agreement between the two (Jovernments,
but that as neither party saw any reason for further extending the injunction of
secrecy, ho proposed that the Cases and Counter-Cases should become public property
fortluvith unless the Arbitrators saw any objection.
Tlie President inquired whether I agreed to this proposal, and I replied in tho
aiBrmative.
The President, after consultation with his colleagues, then announced that tho
publicity of tho Cases, Counter-Cases, and Arguments was not a question on which
the Tribunal had to enter. Tho Agents on either side should act in regard to it iu
whatever way they might judge to bo tho best.
As to the proceedings before the Tribunal, he stated that they belonged to the
Tribunal Itself, and that the Arbitrators present had no right to give them to the
public. They must bo kept secret until the next meeting, when tho full Tribunal
would decide as to the proper course to be pursued.
I lltlVG &C
(Signed) ' CHARLES H. TUPPER.
• ■ ; ■■■[■■ . ' ■ No. 13.
Mr. Tupper to the Earl of Rosebery.-— {Received February 27.)
My Lord, Paris, February 25, 1893.
WITH reference to my first despatch of yesterday, I have the honour to transmit
to your Lordship a copy of the Jilnglish version of the Protocol of the first meeting of
the Tkhring Sea Arbitration Tribunal.
Tins document has been certified as an accurate translation of the French original
hyilr. Williams and myself, in accordance with the request of the Arbitrators.
Tlie original documents, as signed iu both languages, remain for the present in tho
custody of Baron dc Courcel's Secretary.
I llJlVO &c
(Signed) ' CHARLES H. TUPPER.
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Inelosure in No. 13.
Protocols of the Meetings of the Tribunal of Arbitration constituted under the Convention
of February 29, 1892, signed at Washington between the Governments of the Umied
States and Her Britannic Majesty.
u
Protocol I.-~Meeting of February 2Q, 1893.
THE Tribunal assembled at Paris at the French Ministry for Foreign Affairs.
The Arbitrators present were : —
The Honourable John M. llarlan, Justice of the Supreme Court of the United
States, one of the Arbitrators named by the United States ;
llis Excellency Baron Alphonse de Courcel, Senator, the Arbitrator named by
France ;
The Right Honourable Lord Ilannen, Lord of Appeal, one of the Arbitrators
named by Great Britain ;
Who, having assured themselves that their respective powers were in good and
valid form.
Baron de Courcel was invited by his colleagues to take the chair as President for
the present meeting.
There were present at the meeting : —
Mr. William Williams, as Special Agent and Associate Counsel of the United
States ;
The Honourable Charles H. Tupper, as Agent of Her Britannic Majesty.
Messrs. Williams and Tupper laid before the Tribunal of Arbitration the Commis*
sions empowering them to act before the Tribunal.
There were also present at the meeting, as Counsel for Her Brittinnio Majesty's
Government : —
Sir Charles Russell, Q.C., M.P., Her Britannic Majesty's Attorney-General ;
Sir Richard Webster, Q.C., M.P., and
Mr. Christopher Robinson, Q.C.
The President invited M. Henri Feer, formerly a Consul-General of France, to
draw up the Protocol of this meeting, with the assistance of Messrs. Williams and
Tupper.
Mr. Williams, acting for the Government of the United States, asked that the
Tribunal adjourn till the 23rd March.
Mr. Tupper, in the name of the British Government, supported the request
of Mr. Williams.
Sir Charles Russell, the leading Counsel for Great Britain, stated that the Counsel,
thoixgh previously aware of the request which would be made, thought it right to attend
the first meeting out of respect for the Tribunal of Arlntration.
Tiie Tribunal of Arbitration acceded to the request made in the name of the
two parties, and agreed to adjourn to the 23rd March.
The question of the publication of the Cases and Counter-Cases having boon
mentioned, the Arbitrators stated that it was not a subject for their consideration.
In regard to the publication of the Protocol of this meeting, the Arbitrators present,
finding themselves in insufficient number to give a decision which would bind tlic
Tribunal of Arbitration for the future, announced that th»j Protocol of the meeting
of the 23rd February should be kept secret until further onlers.
The Tribunal of Arbitration adjourned till the 23rd March.
So done in Paris, the i'3rd February, 1893, and have signed :
The President ALPH. DE COURCEL.
The Special Agent for the United States. . WILLIAM WILLIAMS.
The Agent for Great Britain .. .. CHARLES H. TUPPER.
The Secretary H. FEER.
Tran.slation certified to be accurate :
(Signed) A. BAiiiLY-PLANCUAiiu
H. CCNYNQUAME,
■}
Co-Secretaries.
No. 1 1.
Afr, Tupper to the Earl of Rosebery, — {Received February 27.)
Jfy Lord, ^ Paris, February 2:>, 180.3.
I IIAVK tlio honour to inform your Lordship tint, tho hu»int'ss connected witli
tho lirst nicctin;; of tho Hehrin^' Sea Tribunal of Arbitration havlns? hcon coinplotcd
this afternoon, I purpose leaving' Paris to-morrow on my return to Loudon, accompanied
l)y llio gentlemen attached to the stuH' of the Agency.
I have, &c.
(Signed) CUARLES II. TUPPER
•t^
•■' 111
No 15.
Tlie Earl of Rosebery to Mr. Tapper.
Sir, Forciyn OJficp, Match I, 1893.
I HAVE received your despatch of the 24th ultimo, giving an account of wiiat
touk ijlacc at the first meeting in Paris of the Bchring Sea Arbitration Tribunal,
lour proceedings on that occasion are approved by Iler ^Majesty's Government.
I am, &c.
(Signed) llOSEBERY.
'•• i
No. 10.
Mr, Tupper to the Earl of Jtosebery. — (Jteceived March 3.)
My Lord, Foreirjn Office, March 3, 1893.
DURING my recent visit to Paris occasion was taken to arrange for tho
accommodation of the British Start" required for the presentation of the Case before
tho Tribunal of Arbitration.
In additiori to the four gentlemen engaged as Counsel, viz., the Attorney-General,
Sir R. Webster, !Mr. C. Robinson, and Air. Rox, I respectfully suggest that the
following should be attached to the Staff of the Agency: — Dr. G. AI. Dawson,
Mr. R. P.Maxwell, and Mr. G. P. Ftiirholme, of the Foreign Office; Air. J. Anderson,
of the Colonial Ofliee ; Air. Ashley Proude; Air. J. Pope, my Piivate Secretary;
'Mt, J. AI. Alacoun, Secretary to Dr. Dawson ; and Air. Charles Russell, the solicitor
engaged in the ease.
I have ventured to include the name of Dr. Dawson, as ho is an oflleer in
the service of the Canadian Government, and perhaps tli') only officer at the disposal
of Her Alajesty's Government M'ho can he said to be conversant with the life and
habits of the fur-seal. His presence at Paris I believe to be necessary, and I do not
contemplate objection being taken on the part of the United States to our availing
ourselves of his knowledge.
I do not propose, unless otherwise instructed by your Lordship, or unle; " occasion
should arise after consultation with Ccmnsel, to ask Sir G. Raden-Powell t< ' !tvnd.
In my opinion, his presence with Dr. Dawson might make it appeal that tho
Ih'itish Commissioners, who were appointed to make an impartial examination into
seal life, were actively engaged in pressing the Rritish Case before the Tribunal.
This I do not think desirable.
I learn that neither of the United States* Commissioners will be in Paris, though
other officers of the United States familiar with seal life will be there.
I have, Sm.
(Signed) CUARLES H. TUPPER.
^vjV\/
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No. 17.
Tho Kuil of lioKvbvry to Mr. Tit/iiin:
Sir. h'uiriijii Oj/i'rr, Mairh S, iHiKI.
I\ n'|»ly III your ili's|inlfli of (lie Inl iiislniit, I liiiv(> lo inform yon lli.il
T npiirovc y.iiir rccoiiiiiii'mlMtinii tliril, in ;Hliiilioii lo IIh' I'oiip ^'onllcmcn iMiipioyi'il .is
ComiM'l, III!' Inllowinu: ,u;i'nllciMi'n slioiiid Itr mIImcIkmI Id IIic SlalV ol' llir Ai^cncy lui'
liic i>i-csriilrilion of llic Hrili>li Cnsc iicrni'i- Ilic llcliiiiij; Sen Tril)nM!il of Arliilniliim,
vi/.. Dr. (1. .M. Dawson. Mr. 15. 1'. Mawvcll, Mr. ,\slilt>y I'rondc, Mr. .1. Vi^,r.
Mr.l. M. ^Iiwonn, and Mr. Cliarlcs IJn^scll.
Willi rrir.'inl lo yonr Hnt;u;('slion Ili:il Mr. (1. !•'. h'-'iirliolinc, of lliis Oflicc, sIhmiM
niso ]«> inclnilril as a nicinln-r of I lie SlalV, I sliaii l)i> lia|i|iy lo coinplv willi il siionld
yon rind, .afli'r yonr .-irrival in I'aris, llial liis picsiMicc would lie dosiralilo for tlic
l)nrpo>if (if cxaniininii: iiiiy fiirllicr l!n>^sian doonnii'iils llial may lie |irodnc(nl uii lln'
IKMi of lli(> rnilcd Slates.
\\ lias !iiso been arrani,'rd, after consiijlation with tlio ('(donial ( JII'km", IIi;iI
Mr. .1. Anilerson. of lli.al Dcparlmnil. sliall lie dctaclu'd for siidi lime as yon in;i_v
«'oiisider lliiit lie can Ite nsefnily employed.
In conelnsion, T eonenr with yon in I lie opinion tlial, lor I lie reasoiuj slated liy
yon, it will he nnneeessary that Sir<l. Hadeii-I'owell should !)(> asked lo alleiid in
J'aris, unless oiri'uiuslances slionld make liis presenco expedieni lien-nftcr.
nm,
feo.
(Signed)
KOHKMKHY
No. 18.
Mr, Tiipprr to the Ktirl of Rnsrhory. — {If revived yfarvit 21.)
\\\ T.ord. I'lirb, March 10. IHO.'l
J 11. \V K the honour lo report that I lel'l London on the I7lli instant . and arrivn'
here on that day, aeeoni])aiiied hy .Mr. .M. JJox, Mr. K. I'. Maxwell, and my I'riva
S(>eretary. Mr. .1. Pope.
Her M.ajesly's Att(n-n(>y-fieneral, Sir I?. Wehstcr, Mr. (!. Ktdiinson, .T)r. 0. ^d.
Dawson, ^Ir. A. Troude, Air. C. Uussell, and Air. .1. M. Alacoun arrived in TuriH lasl
nielli.
I liavo, &c.
(Signed) (JHAKLES H. TUPrEll.
^fP'
&
No. 19.
Mr, Tiippn to the Earl of Uoftehrr;/. — {Ueaivcd March 23, G'45 P.M.)
(Telegraph ie.) Purh; March 23, 189.3, 5-10 T.M.
Til K Trihnnal has adjourned till 1th April. It was decided tliat all proceedings
should 1)0 public forthwith.
13
r:
No. 20.
Mr. Tapper to the Earl of Rosebery,—(Receire(l March 27.)
Al.v Lord, Paris, March 25, 189.3.
IT will ho within your Lordship's rocollcction that on tho lOth February last a
Notice was addressed, at my request, by Sir Julian Pauncofotc to the Agent for the
U'.iitcd States for copies of certain doeu'ments quoted in the United States' Counter-
Case.
Among these documents the Report of Mr. H. W. Elliott for the year 1890 was
included.
im-.
11
oNlcr inroi'incil nic, ill liin imic dl' till' I'illi l''i«l)i'iKiry, Hint Uin (JoVdrnmont
(,f III, , iiili'd Shiti's did ii'il iVi'l tlijit IIh-v vvnv IidiiikI Ii.\ tlm 'I'lvid.v to liiriiisli ll copy
ofilic llf|»i)rl, iiiid Hint In- was llinrl'i)n! iiniildc io lidinitly uilli iii\ i'n|ui'st.
'I'lid iiialliT ii|i|)i'an'il Ik iim (if so i,'rrat iMi|Mii'l;iiici', in <Miiisn|ii('ii<M) ol' llin sl.alt!-
iiiiMils ciiiilaiiicd ill the It-cpDrl, ami of tin- |iroiiiiiii'Ml ji'isilioii ocrnjiird liy Mr. lillinlt
DM lilt' (|iH's(ioii of si'al IH'c,* llial, alliT (•.iMsiilliiliuii with Hit .NIajcly's AltoiMrv-
(iiiiiTal and llii' o'Iht Coiimhi'I ciii^.ii^'rd in tlic (msc, I addrrsM'd a li'llrr t<» Mr. I'osIi.t,
;i ('(i|)\ ol'wliit'li is iiM'Jiisi'd licn'witli, pn-ssin'^' i'or tin' pi'iidiirtiun ol'tlii! KcpDi'l,.
I liavc not yd nci-ivt'd any reply to lliis Icllrr.
Slioiild Mr. l''oslcr's answer not inovr salislartory, I propo'^i! Lo iiislnu'l. (^)UllM!l
til .ijiply to tli<i 'rribiiiial to order (lie tloi'iiment to lie prodiiecd.
I have, \r..
(SitfiK'd) CllAltLi:.S n. TUl'I'lill.
. <»'
IrioIoMiire ill No. 20.
Mr, Tuiiiiir lo Mr, Fouler.
Sir, furls, Mnrrh 2:J, Ih'lU.
IN mrnroMco to your letter ol' tlie Hllli l''eI»riiMry, ^H\Y^, in reply to iny retpiest, lor
Hie prodnelion ol' Hie iieport. ol' Mr. II. W. I'llliott, presented pnrsiiiint to Act ol"
CdiiL^reHS, 1 desire to i;ive yon notiee tlial Hie ( ioveiiiiiieiil id' Her IJriliUinic Majesty
will insist, on Hieir ri<;lit to its prodnelion.
While desirous to avoid, as far as possihle, eoiitentioii on siieli iuaH.(;rs hefore tlio
Trihiinal, I think it, lair to u:ive voti notice that iirilc.i^s the Iieport, or a cop_\ thereol',
be pniduccd, our Coniisei will, on the llh y\pril, a)ipl\ to the 'rrilninal lo order its
|iri>diicli(>n.
In Hie <'vent of your not havini? the Meporl, or .a cop) in Paris, I nive yon this
early inliinatiou in order tli.at. ymi may coinmnnieate u i ii Hie projicr Depiu'tini'iit
ill WuMliiiiijlon.
I am, I'tc.
(Si^■ne(0 CHAIIM'.S II. TIJI'l'ML
No. 21.
The Edii of lioscberij lo Mr. Tuppn:
•Sir, Forrojii OJ/ici:, March 2S, 18'.):}.
[ UNDEJISTANIJ that, in (loiistMiuont'o oi' th<! ^n.-ut mass ol' material which
rcipiires (o bo dealt with in tin; pleadiiii,'s bcl'ore tin.' Trihiinal ol" Arhitnition, the
Atloruey-tlencnil and Sir U. Wcl)sler an; desirous ol' having: the services of Mr. !•'.
T. I'iiju'ott, of the iMiddlo T(!inplo, who has .'ilready rendered considerahlt; assistaiicf; in
the jiroparatioii of tlio Ari,'umciit jji'osonted on behalf of Jli.r Majesty's {jiovcriimciit.
1 have thort'foro arranged with tlio L(n'ds Conmusbioncrs of Her Miijt.'sty's
Treasury that Mr. I'igijott shouhl proceed fo'.'tliwith to I'tiris.
Mr. l'iii:!.,'ott's position will be that of Siecrutary to tin; Attornoy-Gciioral, i'roni
whom he will receive iiistruetious as to the duties on which lie shall bo employed.
i am, &c.
- ■ • ■ (.Signed) llOSEBEilY.
. /• ■ ' .1
No. 22. ■
Mr. Tapper lo the Earl of liosvbcnj. — {Received March 29.)
My Lord, Paris, March 28, l!s!».",.
I HAVE the honoiir to trausmit, for your Lordship's inform!'.; ion, the acci.'m-
Iianying copies of (i corresiioiuleuee which has passed botweeu the United States' A'j:ent
• Sue Diitisli Argument, pp. 147 et seg.
[691]
C 2
ri^
^:*"f..
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12
and myself on the occasion of my having forwarded to tlio Arhitrators and to him
copies of the Supplementary Report of the British Commissioners.*
Finding that Mr. Poster has communicated to the Aviiitrators a copy of his noic
to mo protesting against the admission of the docun)cut, I have forwarded to theiu a
copy of my reply.
I h&ve, &c.
(Signed)
CHARLES II. TurrEii.
Inclosu"e 1 in No. 22.
Mr. Tapper to the Behring Sea ArhHralors amJ Mr. Foster.
TIIE Undorsigncil., Agent of Ilcr Britannic [Nfajesfy, appointed to allcnd tlip
Trihunal of Arbitration, has the honr.ur to transmit herewith to
copies, in duplicate, of the " Supple-uentary Report of '.ho British Commission's
appointed to inquire into Seal Life in Behring Sea." ;c I erred to on p. 1G() n of the
Counter-Case presented on behalf of the GoTernment of TJer Britannic Majesty.
Duplicate copies of this document have been forwarded to the Agent of tlic
United States [each of the Arbitrators].
The Undersigned has the honour to renew to the assurance, i^c.
Paris, March 23, 1893.
" ^ \ Incl-~uro 2 in No. 25.
r • Mr. Foster to Mr. Tvpper.
THE Undersigned, Agent of the ''^Jnitod States before tho Tribunal of Arbitration
convened in accordance with the provisions of the Treaty between the United States
and Great Britain of the 29th Fobruavy, 1892, has the honour to acknowledge the
ieceipt, at 445 p.m. on yesterday (^iini'.n), the 2Gth instant, from the Hon. Charles II.
Tuppcr, Her Britannic' ^Majesty's At.oit, of a note, dated the 2r)th instant, stating
that he transmits with said note copicj, in dujilicate, of the " Supplementary Report
of ihe British Commissioners appointed to inquire into Seal Jjife in lU bring Sea," and
also stating that di'.plicatc copies of the same document liave been forwarded to each
of the Arbitrators; and, furtl.er, to say that, in the envelope containing said notewi-rc
found two unbound printed ^loriunents.
The Undersigned cannot retrain from expressing his surprise that Iler ^fajosly's
Agent has conceived himself authorized to lay a paper, presumably bearing on the
merits of tlie controveisy between the Governments of the United Stai.-s itUil Great
Britain, before the members of the Tribunal, at a time and in a manner not allowed l>y
the Treaty.
If tho documents referred 1o may bo thus subnn'tted, the Undersigned is nna])lo
to perceive that Her Majesty's Agent may not submit to the Tribunal, at his ph-asuic,
at any time, any paper containing evidence or other matter bearing upon the merits
of the controversy, lie hercAvith returns the documents referred to without exanii-
taken, and
nation, and begs to apprise Her Majesty's Agent that he will immediately address lli.>
Arbitrators^ protesting against the course Her Majesty's Agent lias
i-cquesting tluin to disregard the document.
He further gives notice to Her Majesty's Agent that the Tribunal of Arbitral idu
"svill he moved, at its next session, that the document referred to be dismissed fmni
attention, and returned to Her Majesty's Agent.
The Undersigned, &c.
(Signed) JOHN W. FOSTEJ?.
Paris, March 20, 189"
♦ Copies 6f lliis IJopoit, witli oltier pipers laiil bcrorc tlift irlblitml, will be depoaited in tlie Lilirarv nf
«acli Hoofe of i'arliam*:)),
"T?
mm
13
Inclosure 3 in No. 22.
^fr, Tapper to M, , Foster.
THE Undorsigno'l, Agent of llor Eritannic !Majosly fippointtvl to aitcnd the
Tnl)nnal of Arl)itr:ition convened inultn" the provisions of the Treaty conchidod at
Wasliington on the 2nth IVoruory, T892, lias the honour to acknowledge the receipt of
the lion. John W. Foster's con.niunication of tliis day's date, and, in reply tlieveto,
(Icsii'cs to state that it is the view of Ucr ^fajesty's Government that the mode of
procedure contemplated l)y the Treaty lias not 'it cu accurately followed.
"While all the material hearing on the whole suhject-mattev in dispute intended to
1)0 used hy either party uas to lie suhn.'tted to the other party, tliat part of such
mati'iial which hore only on the question of IJegulations — and particnlaily the Eeport
or Ih'jiorts, joint or i«everal, of the Commissioners of the two countries — slnnild liare
been, it is helioved, kept distinct from that part which Imre on the (jii.'stioiis of rii,'lit,
and tliat the latter should alone, in the tk-st instance, liave heen siihmitted to the
Arliitrntors, tlic former, namely, that part relating to Regulations, (/iily when the
continiieney therefor arose, or, in other words, when the del rniination of the ques-
tions of exclusive right had heen ai rived at.
It was upon this principle that the original Capc of Great Britain uas framed,
and this coui-se would have heen lollowed Imt for the ohjections raised hy the United
States, as stated in Mr. Foster's letter to ;Mr. llerhert of the 27th Septeinher, 1892,
111 deference to those representations, and in order to facilitate* the progress of tho
Arbitration, ller Majesty's Government, while maintaining the justice of their con-
tention, furnished to the Government of the United States aiul to the Arhitratois the
separate Re])ort of the Brit sh Commissioners and its Appemlices, res(>rviiig at the
eame time their rights, as stated in Lord llosehery's despatch to Mr. llerhertof ihn
13th Octol>':r, 1892.
TIk iiovernmcrt of the United States, in presenting to the Arhitratois with their
nrigiiinl Case the separate lleport of tho United States' Commissioners, had, in tlic
opinion of nor ^Majesty's Government, departed from the mode of jiroeedure con-
teinjilatcd hy the Treaty. It was in pursu-mc" of the understanding contained in the
ooncspondenec ahove referred to that ller Majesty's Goverii'iient furnished ti> the
Airint of the United States and to the Arhitrators the Supplementary Report of the
Jiiitish Comiiiissicmers Avliieh was referred to on p. KitJo of tiie British Coiniter-Case.
At the J roper time ller ^lajesty's (jovernment will suhmit to t)ie Arhitrators
that tliey are entitled to use this Supplementary Beport, and they are (piite willing
tliiit copies should remain in the hands of the J'epresentatives of tho Unittul States
without prejudice to any ohjeetion they may desire to raise.
The Government of Her Hritannie Majesty helieve that the Arhitrators will
(k'siiv to have at llieir dispos;il any trustworthy informaticn which may assist them
upon I he questicns referred to them Inr decision.
ir, asthe Undersiuned undei'stand<. a eommunieation on this snhjeet has heen
addressed hv Mr. Foster tr the Arhitrateu's, ller ^faiestv's (ioverninent will forward
.0 them V coi)y of itr. J'\)ster's note of tho 27th instant, and (>\' this reply thereto.
The Undersigned, &c.
(Si-n.'d) CIIABLES H. TUPPEll.
Paris, March 27, 1S03.
IiK-losurc L in No. 22.
Mr. Tapper to the Bf/.r/'iif/ Sea Arhitrators,
THE Undersigned, Agent of ller Britannic ^Majesty appointed to attend tho
Trilianal of Arhitratiou, has the honour to inclose, f(n* the information of ,
il I'opy of a note which he hn addressed to the Agent of the United States in reply to
■I ^^l|l^ 1)1 il iioiu V iMcu lie ii.i aotiresseu lo iiir .xgeiit iii iiie ij
11 pi'tiU'st received from him ai;ai list the ])resent;ition of the Su
till' I'ritish Bcliring Sea Commissioners which was lorwaided to
mi llio 25lh instant.
Tho Undersigned has the honour to renew to
assurance, &c.
Paris, March 27, 189:].
Supplementary Bejioit of
14
No. 2:<.
Mr. Dipper lo the Earl of Rospbertj, — [Received March 30.)
My Lord, Paris, March 2«, ]>!):!.
T HAVEtliG Imiiour to transmit, to your Lordship a copy of a note I liavc received
tliis day from the Ai^cnt of the United States, infonning mc tliat a motion will lie
made on behalf of tlu; United States' Government at the mc'ctini; of the Tribnaaloii
tho dth proximo for the rejc(;tion of certain claims for damages specified iu the
Counter-Case of Her ^AJajesty's Government.
I have acknowlcdij^d the /'.'ceipt of Mr. I"\)stcr's eommnnication.
I have, &c.
(Signed) CHARLES U. TUlTEll.
Inclosurc in No. 2:'>.
Mr, Foster to Mr. Tiipper.
THE Undersigned, Agent of the United States before the Tribunal of Arbitraliun
convened at Paris, has the honour to give notice to the Agent of Her liritaimif
Majesty, that, at the next meeting of the Tribunal of Arbitration, a mo'Jon will lie
made on the part of the United States to dismiss from the Arbitration so much ol tlie
demand of the GovernmcMit of Great Britain as relates to the sum stated u|)on p. SI")
of the Counter-Case of said Governuient to have been incurred on account of ('.Ypciises
in connection with procei'dings before the Supreme Court of the United States ;
And also to dismiss from said Arbitration tiic claim and request of the simo
Government, mentioned in said p. 315, tiiat tl:c Arbitrators lind what catch or cat lu's
might have been taken by pelagic sealers in IJeliring Sea without undue diminiuiiiu
of the herd during the jiendency of the Arbitration ;
And also to dismiss from the Arbitration the claim of tiie same Goveraiiunt,
mentioned on the same page, 315, to show payments by it to Canadian owners of
seaiing-schooners ;
And that all proofs or evidences relating to the foregoing c'xiras or matters, or
either of them, be stricken from the British Counter-Case, and, in particular, those
found on pp. 215 to 229, inclusive, of vol. ii of Appendix to said '. -'ounter-Casc,
The ground of the foregoing motion or motions is that the claims and mattcis
aforesaid are, and each of them is, presented for the first time in the Counter-Case it'
the Government of Great Britain, and that they are not, nor is either of tliein.
pertinent or relevant liy way of reply to the Case of tln^ United States, or to anytliin.'
contained therein, cxcpt so far as tiie same may tend to support chiims for damauvs
distinctly made in the original Case of the Gorcrnment of Great Britain, and that, m
far as tliey come under that head, the matter- arc irregular as being cumulative onlv.
The Undersigned, &c.
(Signed) JOHN ^V. EOSTivii.
Prtm, il/arc/t 2ft, 1893.
No. 21.
The Eiirl of Jiosehenj io Mr. Tapper.
Sir, Foreifjn Office, April 3, IS',):!,
I HAVE received your despatch of the 2Sth ultimo, inch)sing corrpspnml-
ence Mhich has ])ass(>d between (he United States' Agent and yourself, on lli'
occasion of your liaving forwarded to him and to fho Arbitrators, copies of the Sii|iiili'-
mcnlary Report of the British Commissioners.
Tlie action taken by you in this )natter is approved by Her Majesty's fiovein-
ment.
1 am, &i'.
(Signed) BOSEBEllV.
15
. . No. 25.
Mr. Ttipper to (he I'Jnrl of Roseberi)." {Recehed April 7.)
My loid. Paris, April 5, 1893.
] HAVE tlio honour to rf>|)Oi't to your Lordsliip, that at the inocting of tho
Tribunal lichl yesterday tlic |)roeee(lin^'s were ojx'ucd l)y au applieatiou nuulo hy tho
Attdiiicy-Geucral, in tin; n.'inio of iter Majesty's Ciovenuneut, for tlio i)roduetion of
tho lt(|)"(>vt hy ]Mr. 11. W. Klliott, on seal life.
Sir Itieliard Wehster sup])ort('(l tlu! ajjjdieatiun, and was followed on tie side of
the Uiiited States hy Mr. i'helps and ^Er. Carter.
Tlie l{epr(>sentatives of tlii! T^nited States denied that n<'r "Majesty's Governinont
vcit' ciititled under the Treaty to any order hy IIk; Trihunal for tlu; ])rodu(;tion of tlie
(lofiniient as a matter of rit,'ht ; hut, they stated, they were willing to waive their rii^ht
(if (ilijeetion, and to furnish a eopy for such use, as evidence, as tho Trihunal
iiiisrlit allow
Tho Trihunal finally dir(>eted that the doenmcnt should he regarded as heforc the
Tribunal, to he made siieli use of as the Trihunal should see lit.
Tlie (piestion of the rejection of certain claims for dama[,'e9, put forward in tho
Ikitisli Counter-Case, rclerrod to in my despatch of the 28tli ult"nio, was then raised
by the United .States' Kepresentatlvos, and the I'^ihunal decided that the matter should
staud over for future consideration.
^ir. Phelps then proceeded to propose tlic rejection of the Supplementary H(!port
f)f till! British Commissioners in accordance with Mr. luster's notice, of which I
lonvanled copy to your Lordship in my despatcii of the 28th ultimo. The argument
{]!' tlie T'nited States' Counsel on this point had not concluded when the Trihunal
adjourned.
1 have the honour to transmit to your Lordship herewith a rougli proof of tho
tiansciipt of the short-hand notes of the proceedings, of which tho ahovc is a brief
siiraniary.'"'
It has heen arranged tliat these rough proofs, whidi are to he furnished on tlic
morning after each meeting to ooth sides, as avcII as to the Trihunal, shall he corrected
aud issued in a final shape at the close of each week's jiroccedings.
It is believed that when the printers have had more exjicriencc, fewer errors will
lie I'nmid than in the document forwarded herewith, and steps have heen taken to
incrcdine tho difliculties which are int^vitahle on the (irst occasion of a paper of tliis
nature, being produced under great pressure, and in a foreign language.
I have, &c.
(Signed)
ciiARLLs n. tuppi:r.
No. 26.
Mr. Tupper to the Earl of Rosebery, — {Received April H.)
My Lord, Paris, April »i 1«!)3.
AT the mceling of the Trihunal held yesterday, tho argument of the United
stiitcs against the admission of the Suiiplementary Report of the British Comraissioucis
was continued hy Mr. Phelps.
Tlin Attorney-General replied on behalf of Great Britain, and had not finished his
speech when the Trihunal rose.
I have, &c.
(Signed) CHARLES H. TUPPER.
No. 27.
Mr. Tt
No. 27.
\ipper to the Earl of Rosebery, — (Received April 8.)
My Lord, Paris, April 7, 1893.
AT tho meeting of the Tribunal yesterday, the discussion Avith regaitl to the
admission of the Supplementary Report of the British Commissioners was continued
by Sir Charles Rutsell, who, at tho close of his speech, was complimented by the
President on the lucid manner in whicli he Lad stated his argument.
* Full leU of the correcUd aliort-hand notei, which cover in all 9,336 pagea (folio) of print, will b«
ilrposited in the Library of fach House of Parliament.
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Mr. Carter followed on the part of tho United States, and had not concluded whpn
the hour of adjoiirniuonl arriv(nl.
Tho discussion of this (juestion will, in uU prohability, ho torrainatcd at tin;
racetinc to-morrow,
(Signed)"'* ''oiIAllLES H. TUPPCR.
No. 28.
Mr. Tupper to the Earl of Roseheri/. — {Received April 11.)
My Lord, Paris, April 9, 18!)3.
AT the meetiiii^ of the Tribunal on the 7tli instant, Mr. Carter concluded his
ars^ument with rei!;anl lo (he aduii^siou of the Suiiplenienlary Jleport of the Ihitisli
Coramissiouers, and after a discussion l)etw(>en Counsel on both sides as to t!io l)(>;n'iii:>
of certain ijortions of tlie diplomatic correspon(' nco on the interpretation of the
Treaty, tlie Tribunal adjourned till AVednesday next, the 12th instant.
The President stated that tho Arbitrators would hold a privuto meeting on
Tuesday.
I have, &e.
(Signed) CHARLES II. TUPPEU.
of the
receivef
printer,
the Arb
motion
Id
tlic systi
factory,
notitic t(
joint rei
week ;
terms ;
manner
m
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No. 29.
Mr. Tuppn lo the Earl of Rosebery. — {Received April 13.)
My Lord,
Paris, April 11, 18!)3.
SlIOll'lLY after my arrival here 'Mr. Foster assented to a tentative arrani^einont
that the proceedings before tiic Tribunal should bo repo''tcd by a Tjondon liriu of
short-hand writers en\ployed by both parties, and that printed copies of the transcript
should be supplied on the morning after each meeting to each party and to the
members of the Tribunal.
Your Lordship has been sup|)li(Ml m ith rough proofs of these reports, and notwitli.
standing the printer's errors, in(>vitable under the circumstances, it was cousidered l)y
the British Coiuisel and myself that these ])r()ofs, which have shown considerable
improvement since the beginning, were not Avbolly unsatisfactory.
'['he arrangement was made with tlu; approval of the Tril)unal, and th(> President
stattnl, at a recent meeting, that the reports luri\ished had been found useful by the
Arbitrators.
Mr. Poster, however, in a letter of which T have the honour to inclose a copy, lias
expressed his dissatisfaction at the working of tlie arrangement, and suggests that it
should be terminated.
I have, after consultation with Counsel, addressed to Jlr. Foster the repiy, (if
uhich a copy is inclosed, and I trust that your Lordship will approve my action
iu the matter.
I have, &c.
(Signed) CHARLES H TUPPEH.
Indosure 1 in No. 29.
Mr. Foster lo ^fr. Tapper.
Dear Mr. Tu])per, i'rtrw, April 10, 189:!.
I REGlMiT to have to inform you that the experience of th(> i)ast week in the
elfort to produce a daily verbatim ' rejjort of the proceedings of the Triljunai of
Arbitration has not proved satisfactory. Tiie main object bad in view, namely, to '",y
before tin; Arbitrators tiie argum«,Mits of Coinisel early '■ . the day following tlioir
delivery, has in great measure faih-d. The Cimnsel of tiic United States tind the
n>ports of their arguments, as printed, so far from eonvrt aa to make it in great
measiu-e useless, and the burden impos(>d upon them of revision is an intolerable tax
upon tlieir tinu>, ami this of itself is a suiricient reason to make it desirable that the
present armngement be abandoned.
17
Up to the present writing we have not received from your side tlie first reading
of the unrcviscd proof of either the first or any other succeeding day. After it is
received we shall have numerous corrections of our own to make hefore it goes to tho
printer. It is therefore jdain that the revised proof will not be ready to lay before
the Arhitrator.H luitil they have considered in secret session, and possibly decided, the
motion upon which the arguments have boon made.
I do not wish to impute neglect or inefliciency to any one. I merely state that
the system whicli we attempted with som'; misgivings has proved entirely unsatis-
factory, and should bo abandoned. I have, therefore, to propose that wo at once give
notit^e to the (inn of short-hand reporters and the printers that tho ellbrt at further
joint repoi'tiug come to an en I ; that wo perfect and print the proceedings of tho ])ast
week; that wo s' ttle with the short-hand firm and printers on mutually satisfactory
terms; and that any further reporting will be left to cat-h Ag.'nt to be done in such
manner as he shall sue fit for the convenience of tho respective Counsel.
Very trulv, &e.
(Signed) * JOHN W. FOSTER.
Inclosuro 2 in No. 29.
Mr. Tapper to Mr. Foster.
Dear Mr. Foster, Paris, April 11, ] 893.
I IJEG to acknowledge the receipt of your letter of the 10th April.
I regret the determination you have reached respecting the daily reports of the
Arbitration proceedings. I trust you will give this subject reconsideration.
I am glad to observe that you make no complaint regarding the actual short-hand
^^riting. Messrs. (Jheror, liennet, and Co.'s reporting is, I believe, considered as
pcrrect as it is po8sil)lc to procure anywhere. Tiieir transcripts, I am informed, are
invariably used in all the English Law Courts. The correct printing of these
transcripts is, therefore, alone concerned.
In my opinion, considering the difTerence of language and the very great pressure
of time, the work already done docs Messrs. Chamerot et Cie. credit.
Tiu'se gentlemen cannot yet be said to have had a fair trial. From the marked
itnpmvement shown in each succccKling day, 1 am led to hope that in a very few days
the reports will he quite satisfactory.
Touching the burden of the correction of proof, up to the present time it has not
heen found necessary to ask the British Counsel to revise their speechn at all. The
corrections, which are principally typographical and grammatical, have been readily
made by one of our staff who heard the argument.
If this work becomes too heavy to be executed in the short time available, the
ohject in vicAV would be well worth tlie expense of employing a special reader.
The Dritish Government attach great importance to an accurate verbatim record
of the actual ai'gumeuts used, and, in view of their value to the Tribunal and
their obvious utility, I trust you may yet see your way to continue tlie present
arrangement.
Yours very truly,
; " x
':#
(Signed)
CHARLES H. TUPFER.
No. 30.
Mr. Tupper to the Earl of Rosebery. — (^Received April 13)
My Lord, Paris, April 12, 1893.
I HAVE tho honour to report to your Lordship that at tho meeting of tho
Tribunal this morning tho President announced the decisions of the Arbitrators on
the questions of the admission of the Supplementary Report of the British Commis-
sioners, and of the consideration of the proposal of the United States that certain
claims put forward in the Counter-Case of Great Britain should be struck out.
I have the honour to inclose copies of these decisions as delivered by the
President in French. An English translation was afterwards read by him.
Your Lordship will observe that with regard to the Supplementaiy Report of the
British Commissioners, the Tribunal has dccidetl that it shall not be admitted for
[6911 D
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the present. Full liberty is, bowcver, reserved to the Representatives of Groat Britnio
to make use of the document in oral argument should tlu<y see tit to do so.
The question of the admissibility of the Appendices to the Supplementary l^^port
is reserved for further examination without prejudice to th(!rights of the pari its to
discuss the matter and to refer to the documents in tlic course of oral argument.
With regard to the proposal of the United States to strike out certain claims
included in the Britisli Counter-Case, the Tribunal has decided to postpone the
consideration of the question until such time as it may see fit.
I have, &c.
(Signed) CHARLES H. TUPPEE.
""^ ' Inclosure 1 in No. 30.
Decision of TVibunal.
LE Tribunal ddcide do ne pas recevoir, quant ii prdsent, le document intituld:
"Rapport Supplementairc dcs Commissaires de la Grande-Bretagne dans la Mcrde
Behring," date du 31 J'l-.ricr, 1803, et signe de George Baden-Powell et George M.
DaM'son, lequcl a 6t6 ren. 's nix Arbitres individuellement par I'Agent de la Grande-
Bretagne le 25 Mars, 1893, et contient une critique des moyens de preuve prodiiits
dans les pieces et documents precodemment remis aux Arbitres, ou une argumentation
portant sur les dits moyens de preuve. Toute liberte demeure n<5anmoins reservee aux
Rcpr(''8entants de la partic interessde de s'approprier le dit document, date du
31 Janvier, 1893, jiour I'incorjmrer t\ leur plaidoirie, s'ils le jugent convenablo. La
question de I'admissibilitc dcs pieces, ru de ([iiolqu'une d'entre elles, formant Annexe
an (lit document du 31 Janvier, \'^'.)3, est reservee a un examen ulterieur, sans
pri^judice du droit pom* les Represeutauts des dtmx parties de discuter la question dunt
il s'agit, ainsi que le contenu des dites Annexes au eonrs do leurs plaidoirics.
(Translation.)
IT is ordered that the document entitled a " Supplementary Report of the Britisli
Behring Sea Commissioners," dated the 31st January, 1893, and signed by George
Baden-Powell and George M. Dawson, and delivered to the individual Arbitratois i)v
the Agent of llcr Britannic Majesty on the 25th day of March, 1893, and wliicii
contains a criticism of, or argument upon, the evidence in the documents and papers
previoiisly delivered to the Arbitrators, be not now received, with liberty, however, to
Counsel to adopt such document, dated the 31st January, 1893, as part of their oral
argument, if they deem proper. The question ns to the admissibility of the documonis,
or any of them, constituting the Appendices attached to the said document ol
the 31st January, 1893, is reserved for further consideration, without prejudice ol" tlic
i'ight of Counsel, on either side, to discuss that question, or t'..e contents of tlie
Appendices, in the course of the oral argument.
Inclosure 2 in No. 30.
Derision of Tribunal,
LE Tribunal decide qu'il ditTerera, jusquVi tel moment qui sera par lui ulterieure-
ment indique, d'entendre j)laider on do prendre en eonsid(''ration la motion presciitt'e
le !• Avril, 1893, par les Ktats-Unis d'Amerique, tendant a la radiation de certains
passages faisant partic du Contre-lMenioire et des moyens do preuve du Gouvernenniit
do la Grande-Bretagne.
(Translation.)
IT is ordered that the argument and consideration of the motion made by (lie
United States of America on the 4th day of April, 1893, to strike out certain parts
of the Counter-Case and proofs of the G«)vernment of Groat Britain, he postponed
until such time as may be hereafter indicated by the Tribunal.
No. 31.
Mr. Tupper to the Earl of Rosehery, •^{Received April 14.)
My Lord, Paris, April 12, 1893.
WITH reference to my despatch of yesterday, I have the honour to transmit
to your Lordship a copy of a h>ttcr from Mr. I'oster, informing me that he adheres
to his proposal for the abandonment of the joint siiorthand reports of the proceedings
bcfor(> the Tribunal.
It appears very desirable tliat full reports of the speeches on both sides should
exist.
I therefore proi)o.si', after consultation with Counsel, to continue to employ the
shortliand writers and printers on behalf of Her Majesty's Government, and to supply
tlio members of the Tribunal witli coi)ies as usual.
In forwarding tliesi; copies to the Arbitrators I shall explain to them that the
United States' Agent lias Avithdrawu from the arrajigement, that the speeches of the
Hiitisii Counsel will be revised by the IJritisIi Agent, and that in order as far as
possil)le to insure the accuracy of the rejiorts of the speeches of the United States'
Counsel, they will bo carefully read over against the original notes in shorthand.
I trust your Lordship will approve of my action in this matter.
I have, &c.
(Signed) OnARLES H. TUri'ER.
luclosurc in No. 31.
Mr. Foster to Mr. Tapper.
Dear Mr. Tupper, Paris, April 12, 1 893.
VOUll letter (if the lltli instant ro<2)ecting the shorthand reports has been
received and duly considered.
After again submitting tlie sul)ject to the Counsel of the United States and
taking their views thereon, 1 regret to say that I am constrained to adhere to the
proi)03al contained in my h'tter of the lUth instant.
Very truly,
(Signed) JOHN W. i'OSTER.
No. 32.
Mr. Tapper In I he Earl of Jlosebery. — {Received April I i.)
My I /Old, Paris, April 13, 1893.
AT the meeting ol" yesterday, the I'resident opene! the sitting by announcing
llie (l(>eisions of the Tribunal on the two questions which were brought before it last
week. I have already forwarded copies of these decisions to your Lordship in my
(losj)ateh of yesterday.*
in accordance with the arrangement agreed upon between the Counsel on both
sides, which was explained to the Tribunal by Sir Charles Russell, as re, :ed at p. 195
(p[ the shorthand notes, Mr. Carter proceeded to open the ease on behalf of the United
States' Government.
lie commenced by staling that he would lay before the Tribunal a sketch of the
controversy frona the beginning, before entering upon a discussion of the particular
(liu'stious rthieh had arisen.
Mr. Carter had brought liis exhaustive summary of the various steps of the
conlroversy down to the negotiations in January 1890, when the hour of udjournmeut
arrived.
I have, «&c.
(Signed) CHARLES U. TUPPER.
[691]
No. 30.
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No. 33.
The Earl of Bosebery to Mr. Tupptr.
Sir, Foreign Office, April 15, 1803.
I HAVE rcceivod your despatches of tlio 11th and 12th instant, relative to
the proposal made hy Mr. Foster that the arrangcmen' for joint shorthand rcjwrts of
the proceedings heforc the Bohrins; Sea Arbitmtion Tril)unal shall be abandoned.
In reply, I have to ox])rcss to you my approval of the view you have taken of tlijs
mottcr, and of the course yuu propose to pureue in eoiitinuing to employ the shorthand
writers and printers on behalf of Her Majesty's Government.
I shall he glad to receive from you an estimate of the cost of the staff of reporters,
and of printing the reports.
I am, &c.
(Signed) ROSEBERY.
No. 3t.
Mr. Tupper to the Earl of Rosebery. — {Received April 15.)
My Lord, Paris, April U, 1893.
AT the meeting of yesterday, Mr. Carter continued his preliminary sketch of the
various steps in the negotiations, and brought this part of his address to a cunclus>ian
shortly before the hour of adjournment arrived.
While generally confining himself to a recital or summary of the various
documents, he made some remarks and criticisms on the arguments contained
in some of the more important despatches.
Having concluded his preliminary sketch, Mr. Carter then proceeded to
address the Tribunal on the law which should govern it in its deliberations,
and was only able to make slight progress in this branch of his subject befure
the Tribunal adjourned.
I have, &c.
(Signed) CHARLES II. TUPPER.
No. 35.
Mr. Tupper to the Earl of Rosebery. — {Received April 17.)
My Lord, Paris, April 16, 1893.
AT the meeting of the 14th instant, Mr. Carter continued his observations on tlic
law which should govern the Tribunal in its decision. Th(! knowledge of this law was,
he said, to be derived from the actual practice and usages of nations and from the law
of nature, which latter ho argued was best illustrated by municipal law.
Having concluded this portion of his address, he entered upon the consideration
of the rights claimed by Russia over the regions about Behring Sea, and the rights
which the United States might have derived from the Act of Cession of the territory
of Alaska.
The j^cneral purport of his argument wos that Russia was intent on securing to
her own subjects the valuable fur-seal industry, and that by the Ukase of 1821, slio
did not claim the waters of those region* as mare cluusum, but merely enacted %
protective i-egulation for the purpose of preserving that industry.
1 have, &c.
(Signed) CHARLES H. TUPPER.
tt
■ ,r6 !
No. m.
Mr. Tupper to the Earl of Rotebery. — {Received April 20.)
My Lord, Paris, April 18, 1893.
I HAVE the honour to transmit to your Lordship copies of the official Frotocols
of the first two mcetin<^s of the Arhitration Tribunal.
A copy of the first Protocol has already been forwarded to your Lordship in ray
despatch of the 24th l''cbruary, but the original and the official printed copies
have only been issued this day.
Some delay has occurred in the completion of these documents, owing to
deficiencies in the organization of the Secretariat of the Tribunal.
The remaining Frotocols will, however, be issued very shortly.
I hare retained the two original signed Protocols, of which the copies are
transmitted herewith.
I have, &c.
(Signed) CHARLES H. TUPPER.
'I
Inclosure in No. 36.
{^M
Prolocole No. 2.— Stance du Jeudi, 23 Afar*, 1893.
LE Tribunal s'est rduni a Paris, commc il avait 6i6 convenu, dans I'Hdtel du
Minisl^rc des Affaires fitranj^eres dc France.
fitaient presents les sept uiembres du Tribunal Arbitral :
L'llonorablc John M. Uarlan, Juge de la Cour Supreme des Etats-Unis,
Et l'llonorablc John T. Morgan, Sdnateur dea Etats-Unis, Arbitres designds par
les Etats-Unis ;
Son Excellence le Baron Alphonse de Courccl, Sdnateur Franyais, Arbitre d^signS
par la France;
Le Tvba Uonorablc Lord Hanncn, Pair d'Angleterrc, si6geant h la Cour Supremo
d'Appel,
£t Sir John Thompson, Ministrc dc la Justice du Dominion de Canada, Arbitrea
dusign^s par la Grandc-Bretagne;
Son Excellence le Marquis Emilio Visconti Yenosta, Sdnateur Italien, Arbitre
ddsignd par 1' Italic,
Et son Excellence M. Gregers Gram, Arbitre diSsignd par la SuMe et Norvdge.
L'Honorablc John W. Foster ct I'llonorablo Charles H. Tupper, Ministrc de la
Marine et des PCcheries du Dominion de Canada, assistent i\ la s^nce comme Agents
des Gouvernements des fitats-Unis et dc la Grande-Bretagne.
Les mcmbres du Tribunal Arbitral s'assureut que leura pouvoirs rcspectifs sont en
bonne ct valablc forme.
Lord llannen, I'un des Arbitres ddsignes par la Grande-Bretagne, se hivo pour
proposer que M. le Baron de Courcel, Arbitre design^ par la France, soit prid par ses
colldgues de prendre la Prdsidence du Tribunal.
L'llonorable J. Harlan, I'un des Arbitres designcs par les l^tats-Unls, appuie la
proposition de Lord Hanncn.
Les autrcs mcmbres du Tribunal Arbitral ayant acquiesce k la proposition, M. le
Baron de Courccl prcud place au fautcuil do la Prcsideucc ct prouonce les paroles
suivantes :
«
I
.I- t^< !'
:■■' :|i'
I J
Messieurs,
VoiiB me faites buncficicr de I'usago oourtois qui, dans lea reunions d'un caractire international,
attribue au Reprdscntant du pa^-fl oil clles siogeut la Prdsidencc de leurs travaux. Je vuus en
remercic pour mon pays et pour moi-meme.
Lorsque les Gouvernements de la Grande-Bretagne et des fitats-Unis d'Ami5rique ont di$cid^
de terminer par les voies amiables d'un arbitrage le litige deji ancicn dea pecheries de Bohring, et
torsqu'ila oat cboisi Paiis pour ai^gc du Tribunal Arbitral inatitud en vertu de leura accords, ils ont
fait k la France et & aa capitalo un honneur iuaigne. J'ose dire que I'une et I'autre en ^taient
digues.
f
r,'.s
83
Nnllo p.irt nsHiuvmenI voiik up siuirii'^ trimvcr l'atiii(iNpli("'ri' d'un iiIuh Hiiici-re, d'uni' plm
chiilounni.si; Hynipathic pour I'n'uvri' n'liiiidi' ct Iiohik' (|iu' vihik ("tcs cIiiiij^i'h df poiirNiiivri'. \
travcTM luH clio(;8 ot lo.s epriMivcs <iu'iiitli^c itii'vitiihlcim'iit ii tmiM Ics Iioiuiih'm In diiri! ivalit, du
cliosos. III FnviK'i' est deiiR'iuvL' niic luitiim nlisliiuMiii'iit idi'^aliHto: toiilc coiicci)!!!!!! p'lu'rcusi' la (mirlii.
ct reiitraiiie; ullc est possiduuiju lumr la uaiisu dii iiru^ri's tlaiis I'huiiiaiiito, Or (iiU'l luU plan i,|i',il
quel priiRTL's pluH uoblu et plus (fintu- dc icilicnlio ijiic la disparilinii f^radurllc lUs rccniiiN j |j
iorco Iji'utalo outro les pou|il('M dr la Krre / La pi'urt'ilur.,' arliilv.di' y vis', ct cliaipic arl)ilr,iir(.
noiivonu nous en riipproclie, cii t'dnniisHunt luie pruuvo de pluH di' la poKMii)ilit(< matiau'llo dc os
qui, bior eiiooro, a'ajiparaiKHnit (pm coininc uii rcvo.
lly a qUL'lqnea aimciN, Ich Arbitrcs convocjucHu (ifiicvc, par rautoritc paciliquo (I'uiio Hcntc luc
que deux fici'us et puiHKau(c^< nations sV'taicnt eu|^aji;i!oH d'avanio ik accepter, nicttuiont liciiiiiis. .
ment fin ii uuc discuBsion qui s.Maldait n'avoir d'autre issue possiMn que la ^^ucrrc. L'aihitra^ i|i
I'Alttbania fait ()poquo dans I'histoire dos relations intcrnationalos : on pent diro (pi'il a iMJiiiuJ
I'nntiquc droit des gens, ct qu'il lui a ouvert \ino tire nouvellc. avcc la perspective d'uno su \\nn
iudefiniinent hiont'aiBnnte. Les deux nations qui ho sout souniises an verdict de (tcneve, ni,il.;iv
dea Hacrifiees (pii, dans lea premiers inomentu, out pu ecaVer a I'unn et ii I'aulre. ue ho Hont |iiin
rciioiities i\ la loiif^ue do leur appol k la foreo pureiiieut ninrale. puisipi'elleH-ineineu lo reaiiuvelKnt
uujourd'liui, d'un conunuu accord, dans dos eirconHtant'os analogues.
Le procer; ipii va se plaider ilcvant vous n'est point dc ecux, il est vrai, qui, bcloii rappareiRi.',
pouvaient deehaincr le redontaMo lleau de la (jjueire. Mais, en dehors dc eette extn'lnite I'lld,
eombien de niiinx ne causent point nux pou].lc.-< un rctVoidisscnient durable ct la inrsistcMcv ,],.
sentiments nmers! Conune les individns, |cs nations sc doivi^nt la cbaril '■ ; ct lorsipic, ci'dant ■.v^\
eonseils de rorj^noil, dies niaiKpicnt a la loi |irovidenticlie. cllcs sc condainnent clles-niemes li bi i|
des souilVances. Si les conciliations dc I'arliitraijc n'avaient d'autre I'll'ct (pic ilc les [tn'scrvcr d,
cc peril, eiles feraient encore aux peuples un bien incalculable, et serviraicnt tres utilenient li
fraternite humaine.
Vofre presence dans cetto Balie, ^[essiours. est le plus I'locpient ti'inoignaft'c du prix (|tii
B'attache a la decision atti'udne do vous. Ji'Aiiglcterre. de tout temps si tVcondc^ en eniin nis
jnrisconsulte', les Ltats-Unis, lo Canada, (pii continuent a leur toiu% dans le noiivcau niondc, ini,
tradition donv I'origine atavicpU! doit ctre eliercliee peut-<'trc sur notre vieux sol Norniand, .iii
depute ici des personnages (lout la science et la rare perspicaciti' <>nt ule eprouvees dan< I ■■;
liatites et les plus delicatcs t'onctions de la magistratnre, on dans Ics disenssimi d'asseniMi -:
politiques renommeos pour leur prudence. A cot>' d'eux, je vois sieger un honnne d'i'!:!|.
sni;e beritier de rillnstre Cavour, et dont la diplomatic Europeenne. aux eonseils de lacpii Hi
il mantpie n'a pas cease de rcgrctter la retnu'te ipri'maturee et voloidaire. Un autre dc iii.-
collegues, venu dn Nord Si andiiiave, et (jue sa reputation a devanee ii'i, oecui.ait naguere <laM< i
patrie, I'nn des postes les plus I'leves que puisse conferer la juste coidiance du Souvcrain dc i|. n;
koyaumes jumeaux, egal(Mnent jalonx de leur individualite.
A votre barre se jin'scntent, an nom des deux (iramlcs Puissanci'S qui vous ont rcmi- i.
ruck'ment de leur cause, ilcs liommcs politiques cle premier ordrc. L'un d'eux dirigeail Jiier I -^
relations infernationales de la grande HepiddKiue Americaiue.
lis sunt assistes de (Joiiseils liabitues ii briller au premier rang, tantot an barrenu, tjintot iLi'i^
lo ftonvcniement de leur pays, ot que I'adniiration do leurs coneitoyens, de chaque cote de rAiI.m-
tiqiie. salue du titre de primes dc 1 eloquence.
C'est un iiouueurqui sutfit k illnstrer une oxislonce entiere (pie d'etre nppeli' a sii'gcr pns ■].-
pareils bonnnes. La responsabilitc? de les pn'sider serait bien etlrayaute, si celui de leurs colleniid
qu'ils ont ehargii do cetto tiicbe jie devait eoiu))ter sur leur indulgent et ini'aillible appui.
Puisse la iMvino Providence, de i]ni rel(''Vent toutcs les actions des honnncj, nous donni i '<\
force et nous inspirer la sagesse lu'cessaire p(jur accomplir notri; ditlicilc mission, et pour mari|i :
ainsi une etapc vers la realisation de la parole pleine de consolation et d'espoir de Celui (pii a m:; ;
"Bienheureux les pacifiques. car la terrc lem- appartiendra."
Messieurs, je croia etrc I'intenirite de votro pens('e a tous en vous proposant d'interronipre i'i
notro stance, aliu de porter it M. le rriisident de la li^pnblifpie Franyaise, avec I'liommngo di; i: s
respects, rexpression do notre gratitude pour rh'jspitalitc epic nous recevons do la France.
Sur liv i)roposition du rresidcjit, ^l. A. Jmbort, iiinistro I'U'iiiiiotontijiiro dc
I'Viiiifo, est (lusigiic coininc SciTctaJH! du Trilnuial Arbitral. 'M. \r jliirou de Coui 1
invito eiisuite les ArLilns Antrlais el Aniericaius u (losigncr, pour (diacnuiodea deux
iiaUoiKilitos, im .Sccn'luirc ijiii sci'.iit adjoint au f^ceivtairo du 'I'rihiuial, il est convciiu
que cetto designation aiiia lieu ii la j)rocliaine seance,
Lc Tribunal li.vc les jours i)t heures dc ses seances,
Conrormemont aux slipuiatioiis du Traite dc Wasliinirtou du 29 revrler, l^U:'.
Ics Agents des Clouvenienujnts des Ktats-Unis ct de la Cirande-Bretagne deposeut
dcvant le Tribunal les Argiunents iniprimds do leurs Gouvernenieiits respcetii's.
I/Agent des fitats-Unis nyant signale que, par suite d'uno errciir accidentcHe
cotntnisc h riinpression, il cxistait tmc omission dans les citations jointes en ap])eadii.o
il I'Argumcnt des Ktats-Uuis, autorisatiou lui a etc donnei! do deposcr ultorioureuicnt,
coiume annexe h 1' Argument, un supplumcut coutcuant Ics citations omises, sous
riiservc du droit pour lo Gouvernment Britanuiquo de pnJscutcr une rcpliquo a cos
citations, s'il lo jugcait opportun.
1.0* Agents (Ips dcnx noiivf-nifiiifnts out nnnonco (ju'IIh nvaiont ]>vis, do roinmiin
nrnml, (Ics iUTiiiin't'iiuMils jiour fiiiio st(''ii()giiiphii'r clinqiic joiir li'S dcbats (In
Triliiiiinl.
11 ».'st dt'clavw que Jo puhlic sera adinis mix dt-bats, sui' la prdsentation de cartes
iioini natives delivrees lar l(> Secivtairo dii Trihimal.
Aiiisi fait a I'nris, lo 'J3 ^Iai'3, 1803, ot out sigiio:
Le President ALI'II. DE COirROEL.
L'Ageut des liitats-Uuis .. .. JOIFN W. FOSTKl?.
L'Agent de la Grande-Brctagne .. CHARLES H. TUPPEll.
Le Secrdtairo A. IMBERT.
[English version.}
Protocol No. 2.—Meetinfj of Thursday, March 23, 1893.
TITE Tribunal assembled nt Paris, as had been agreed, at the French Ministry for
Fovpii^'ii AlTairs.
Tiicro were present the seven members of the Tribunal of Arbitration :
The Honourable John M. Harlan, Justice of the Supreme Court of the United
States,
And the Honourable Jolin T. Morgan, Senator of the United States, the Arbi-
trators named by the United States ;
His Excellency the Baron Alphonse de Courccl, Senator of France, the Arbitrator
named by Fxtinco ;
The Bight Honourable Lord Hannon, Lord of Appeal,
And Sir John Thompson, ^Minister of Justice for the Dominion of Canada, the
Arbitrators named by Great Britain;
His Exc(dlcncy the Marquis E. Visconti Vcnosta, Senator of Italy, the Arbitrator
named by Italy ;
And his Excellency M. Gregers Gram, the Arbitrator named by Sweden and
Xonvay ;
The Honourable John W. Foster and the Honourable Charles II. Tupper, ^linister
of Marine and Fisheries for the Dominion of Canada, were present at the mcctiuy as
Agents for the Governments of the United States and Great Britain.
The members of tlic Tribunal of Arbitration assured themselves that their
rpspective powers were in due and valid form.
Lord Hannen, one of the Arbitrators named by Great Britain, rose to propose
that his Excellency the Baron de Courccl, the Arbitrator named by France, should be
requested by his colleagues to assume the Presidency of the Tribunal,
The Honourable John M. Harlan, one of the Arbitrators named by the United
States, supported the proposal of Lord Hannen.
The other membeis of the Tribunal of Arbitration having agreed to the proposal,
Baron de Courccl took the chair as President, and delivered the following address ;
Ointlftiuen,
You have been ]>lon(<cil to cxprfiso in my favour timt cowrtpous usngc wliicli, in proocpdingn
(it ;iii iiitcrniitioiiiil cliiuactir. cnnl'L'fK IIk^ I'lcsiili'iicy upon tlio l{i'pre8i.'i»tativo ul' iIr' tountiy iu
which tho meeting' jh heUl,
The GovoriiniiMits of ( Jrcat Britain and the Uuited States of America have detonnincd to ead
the hmg-standing- di.-pute foncernin^;' the Bulirinp; fislieries by a friendly arbitration, and in
choiifsing Paris for tho Boat of it, they have paid a distinguished compliment to France and to her
capitiil (-ity,
I venture to say tlmt botli are worthy of it,
N'owhevo. bo sure, wotihl you have Ininid yonrsolvea surrounded by a more sincero and worm
sviniiHtiiy with the great and good work wliich you are charged to carry out. Througli all tlie
rliorks and trials which the hard necetisity of events inflicts upon mankind, France huti rvumiued
steadfast to ideals. Every generous conception moves and captivates her. She has a passion for
the cause of himian progress. And what aim can be more ideal, what progress more noble and
vorthy of attainment than the gradual disappearance from among the people of the earth of »
recourse to brute t'orca
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This ia the aim of procedure by arbitration, and oaoli new rocourtio tn it brin(!:.4 \w noamr t
that end, \>y furniabiug another proof of tho actual pugsibility ui that whiuh, oviin vuntLnlay
■eemod but a druam.
Some yoora ago, by tho pcaooful authority of adociHJon which two proud and noworfiil niitii)nii
had previously agrood to accept, the Arlntrator* asnuniljiod ut Geneva put a nappy cad to a
dispute which it aeomod at oue time oouid only terminates in war.
The Qeneva Arbitration was an epoch m international relations. It iniy bo said to Imve
reviTed the old law of nations, and opened to it a now era with a buuudleHS proHpect of iiciiu-
ficent oonsequoncos.
The two nations which submitted to tho Geneva verdict, in spite of tho sacrifices wliiih nt
first it seemed to involve, have evidently not in tho long run repontuil of tiicir apiicul to moral
force, for to-day they renew that appeal by common couRcnt, in niialngouH circnnistances. It '\»
true that the cause that is to be pleaded before us ia not one which apparently would lot Ioohc the
Kourge of war ; but, short of war, how many evils are caused to nations by laHtiiig coldnosH and
by the persistence of bitter sentiments. Like iiuliviilnal i, na'ions owe a <liity to cliurity, ami
when yielding to pride they fail to obey tho laws of Providence, they intlict upon themsclvea
many sufferings.
If arbitrations had no other efiTeot than to preserve them from this peril, they would bo an
incalculable blessing and service to the brotherhood of humanity.
Your presence in this room. Gentlemen, is the most eloquent evidence of tho value whiili
attaches to your expected decision.
England, from all time so rich in eminent jurists. America and Canada, who hand down in
their turn, and in a new world, a tradition whoso anccHtral origin may, perhaps, bo sought in cmr
old Norman soil, have delegated men whose knowledge and rare penetration have been applied in
the highest and most delicate functions in the magistracy or in tno discussions of poUtical asKciu-
blies whose prudence was renowned.
Beside them I see a politician, a wise heir of the illustrious Cavour, whose premature and
voluntary retreat from European diplomacy haw boon tho subject of deep regret.
Another of our colleagues from North Scandinavia, wIkibo reputation han preceded him, hnn
occupied one of the highest positions whicii cmiltl be cimfcrred upon hiui by llii' juRt conti<lence of
the Sovereign of two Twin Kingdoms, ouch equally jealous of its individuality.
At your bar, to represent the two great Powers who have confided thvir ciiuso to you, apjicar
S}hticians of the first order. One of tiieni only lately guided tho foreign relations of the great
merican Republic. They are assisted by Counsel accustomed to occupy the front rank, either at
the bar, or in the government of their country, and whom the admiration of their countrymen on
each side of tho Atlantic hails as princes of eloquence.
It is an honour sufficient to aignify an entire life to be asked to sit with men like these, and
the responsibility of presiiUng among them would bo overwhelming if ho whom his colkngties
have charged with this duty could not uouiit on their unvarying and indulgent support.
May Divine Providence, on whom depends all human action, give us the strength and inspire
OB with the wisdom necessary to fulfil our (hlRcnlt mission, and thus to advance a stage nearer Id
the realization of the words of consolation and hope of Ilim who has said, " Blessed are the pcuee-
makers, for they shall inherit tho earth."
Gentlemen, I trust that I represent your wishes in proposing to you to break up our present
meeting, in order to convey our respects to tho President of the French Republic, together with
an expression of our gratitude for tho hospitality which we are receiving from Franco.
On the proposal of the President, M. A. Imbert, a Minister Plenipotentiary of
France, was named Secretary to the Tribunal of Arbitration. Baron do Courcel then
invited the English and American Arbitratoi-s to name, for their respective nationalities,
a Secretary to he associated with the Secretary of the Tribunal. It was agreed that
this appointment should he made at the next meeting.
The Tribunal fixed the days and hours of its meetings.
In conformity with the stipulations of the Treaty of Washington of the 29th
Fehruaiy, 1892, the Agents of the Governments of the United States and Groat
Britain laid hefore the Tribunal the printed Arguments of their respective Govern*
ments.
The Agent of the United States having intimated that, owing to an oversight in
printing, there was an omission in the appendices of authorities cited in the Argument
of the Unit«i States, he was authorized to present at a later date, as an appendicc to
the Argument, a supplement containing the citations omitted, with tho reserve of the
right, on the part of the British Government, to present a reply to the citations, should
they deem it to be necessary.
The Agents of the respective Governments stated that they had a^ed to arranije
for taking shorthand reports of the daily proceedings.
It was annoimced that the procccdmgs were now public, and admission to the
discussions would be upon the presentation of cards of admission to be issued by the
Secretary of the Tribunal.
/IT.
The 'IVibimal or Arhitratioii adjoiinieJ till tlio UU April next.
Done at Paris, tlie ^Mril .Marcli, IMH?, aiid siu:iicil :
'I'Ik! I'rt'sidcnt
'I'll!.' Aj;»'iil for till! L'niti'tl Stales. .
The Atjont for Cinut liritiiiii
'I'ho Sccri'farv
ALPir. DM COURCEL
.10 UN \V. I'OSTKIl.
CilAKIJiS II. TUPl'EH.
A. IMMKRT.
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Trnnslnlion rortiOcd to lio acrurnte
(Siofncd)
A. Haii.i.y-Hlancii.vui),"! ,, „ , .
ILCUNVNGnAMK,)^"-^^^'-''""'"
unei.
No. 37.
}tr. Tupper to th<; Earl of Honebenj, — {Recnved Apnl 20.)
l\y Lord. Paris, April IS, 1893.
WITH roforenco to your Lordship's despatch of tlio ITith instant and previous
L'orrespondent'o, I iiave the honour to transmit to your lionlship a copy of a statement
handed to m<< to-day hy Mr. Foster, fontaiiiinu; an exjdanation of his reasons for
w'Mtdrawing from the nrrani;eineat for a joint shorthand report of the proceedings
bell ro the TribunaL
.Mr. Foster said .that his motives in declining, on flio part of the United States, 10
be a party to the arrangement any longer, had been inisre[)resented in the London
press, and that he liad thercfoi-e laid this statement before the Members of the
Tribunal.
I have, &e.
(Signed) CHARLES II. TUPPER.
Inclosnre in No. 37.
Stnlemrnt hy yir, Foster.
IN view of certain misleading statements in the London newsiiapers, tlie Agent of
the I iiited States desires to inform the Arbitrators of the reasons given by him to tho
British Agent for his action in withdrawing from the joint arrangement for a daily
shorthand report of the proceedings of the Tribunal. Vnder date of the 10th instant,
he informed the British Agent, in view of the experience then had, that tho main
object of the arrangement, namely, to lay before the Arbitrators the argument of
Counsel early on the day following their delivery, had failed; that tho Counsel of the
United States had found the reports of the Arguments, as printed, so far from correct
as to make them in great measure useless, and that the burden imposed on them of
revision was an intolerable tax upon their time. The report of the first Aveek's
ari,'ument (April 4th to 7th) had not been revised and ])ut into intelligible shape
before the motion upon which they had been made had been definitely decided by the
Tribunal ; and they have not, in fact, up to this date been hiid bciore the Tribunal.
As no clmuge in the existing arrangements Mas proposed by the British Agent,
the Agent and Counsel of the United States felt it their duty to withdmw therefrom.
The (jucstion of expense did not enter into the consideration of the subject.
April 18, 1893.
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26
No. 38.
. Mr, Tapper to the Earl of Roaebery, — {Received April 21.)
Jly Lord, Paris, April 20, 189n.
AT the meeting of yesterday, Mr, Carter continued his argument or ilio
(jupstion of the allosrcfl pro])('rty interest of the United States in the fur-seals.
Ilis remarks were in the nain din-ctpd to an examination of the question as fn
what constitutes property, and M'liat are tlie riarhts and responsihilities of those in wliom
the property is vestod. He had not conchided this portion of his ara;uraeiit wlicn the
TrJ! anal adjourned.
I have, &c,
(Signed) CHARLES H. TUPPER.
No. S9.
Mr. Titpper to the Ear J of Tloseb-try.-^ {Received April 22.)
My Lord, Pari^, April 21, 189:i.
AT yesterday's meeting, Mr. Cartes continued his argument on the ' Ucsred
property right of the United States in tlie fui'-seals. lie proceeded to a^iply the
principles of property whicli lie had enumerated on the previous day to tho ciisp
of tho seals, and for this purposo entered at some Icngtli into the question of
their habits, their management hy the United States on the islands, and their
capture both on land and by pelagic sealing.
llo criticised the Report of the British Commissoners at some length, and claiinod
that owing to its biassed character, the opinions expressed hy them shoidd be discarded
hy the Tribunal.
He had not concluded this povtion of his argument when the Tribunal adjourned,
I have. &c.
(Signed) CHARLES U. TUPPER.
No. to.
Mr. Tupper to fhc Earl nf Ronebery.— {Received May 1,)
My Lc.ii, Paris, April 24, 1893.
AT the meeting of the 21st instant, Mr. Carter continued his ar^'ument on tiie
claim of the United States to property in the fur-seals.
He concluded the tirst head of this s\d)je'rt, which deals with the claim to property
in the animals themselves, and then proceeded to argue that the T'nitetl States had
!»lso a property interest in. and right of protection of, the industry carried on at thi^
Seal Tslandfl.
He hwl not flnished liis ohservatlonH on this jioint when tlie Tribunal rose.
I hiive. &c.
(Signcl) CHARLES H. TUPPEH.
No. 41.
Mr, Tapper to (hf Karl of Rosebery,— (Received May 1.)
My Lord, Paru>, April 2C, 1893.
I. REGRET to inform your Lordship that, owing to an attack of influeuza, Lonj
Hanaea was luiable to attend tlie Tribunal of Arbitration to'day.
97
Ilis Lordship'i* lucdical adviser is of opinion tlwt iio will bo unable to resurao \v i
duties for some days.
It was theircfore decided by tbe President, Huron dc Courcel, tbat the Tribunal
jlioidd adjourn until Tuesday, tlie 2n'l May, by wbieh diite it is hoped that Lord
Iliinueu '.vill be sufficiently recovered to resume his attendance at the meetings.
I iiave, vVc.
(Sigued) CIIATILES H. TUlTEll.
No. 12.
Mr. 'JTupper to the Eurl of Rosebery. — {Receiced May 3.)
ily Lord, Parh, May 2, 1893.
I ILiVE the honour to transmit to your LordNJiip copies of the official Protocols
Nos. 3, -t, and 5 of the proceedinafs before \\w Bchring 8ea Arbitration Tribunal.
(Signed)" ' ' o'ilAllLEiS IL TUPPEU.
1.
,^ I'-
«.■■' 'i
^:^%
'-^'M
• ►■:!*^'^!i'
.. :i-
Intbiurc 1 in Ko. 42.
Prolocole No. 3. — Seance du Mnrdi, i Aviil, lbU3.
LE Tribunal s'est reuni u 11 he;iivs 45, tons los Arbitn^s »''tnnt pi'^s«,'iitB.
Le Pre'iident anuone»> que le Tribunal a decide hi nomination dc; M. A Builly-
Blaiichard et de M. Cunyughanio, conimt Soeretain^s du Tribunal, eonjoiutenient uvec
M. A. 1 filbert.
El <Sgaleniont eellc de M. le G'iCNalier Bajnotti, de M. lleuri J"'eer, et de M. le
Vicente d»' Manneville, conimc Secretaires Adjoints.
Lc President anuonee ([ue le 'i'ribunal est pret h entendre toute mutiuu que pouirait
juvscntcr I'une on I'autre dos parties.
air Charles Run^fell j)rend la parole et termine su pluidoirie en pivsentttnt la motion
siiivantt^ : —
'• (^ue I'Aufejit dos Ktats-Unis soit invite a produire I'ori^inal oil uue copie ccrtifiec
ilii Kappirt fait par Henrv ^^'. Klliott au sujet I'.es phu(iues a I'ouirure eouformonient ii
I'Actt du Co:it,n-6»s do 181)6."
Sir Richard W'ebntcr parlc dans le memo sens.
L'liomruhle E. ,/. Phelpn ivpliqueet present* la ivponse suivanceii la motion : —
"Le (jouvcrnement des Ktats-L'uis se refuse a adniettiv r;ue le ({ouvernenient de
Sa Alajeste Jlritannique soit autorist; en droit, d'apres les diaposilions du Traite, ji
ol)l,,'nir du IVihunal un onlre pour la pi-oduution du doeumeul vise pir I:i motion de
Sir Charles ilussell.
"Toutefois, lc (couveinement des h'ltats-lJnis est dispose, en re ,|ui le eouccnie, h
nc pas user du droit f|u'il aurait delever ectle object ion et - roninir li l'Af,'eni du
(jiiiiTeriiement de Sa Majest'- une eopiedu docunient en question, a tclles fins de pivuve
ijiii- le Tribunal jutreni ii pinpos d'autoriscr.
" Neanmoiiis, eette la<;on de proeeder n'im[)li(|ne pas, di' l.i part du (iouvernenient
lies Ktats-l, nis, ra'.'<|uieseenienl a ce qu'auciine lies deuv parlies, a ci- momeiil on it
l<mte autre epocpie de hi proeednre, ait le droit de pn'-M-nter aneun autre moyen de
luiMive, ([uel (|u"il soit, sitr un iiujel queU'on(|ui? nc rallaeli;uit a la <-ontroverse.
" liC nienie CiouvernemenI stipule en outre que, s'ii est fait an usau'e f|neleoiii|!ie
ili; (I'VMiment aiKpiel se mpporte cette motion, eomme mnyen de preuve, cimoune des
.icux parties aura un droit 6wal il I'litiliscr en tons los points qu'il ooutient."
Aft'. Carter v'uxpri&ie oanutti^ dans lc nieme Mns.
Jjc Tribuu.d suHpand alora wi ««>ance.
A la reprise de ia rn'oace, le Pre'aide^U d«)inre ce qui unit ! —
" Lt? Tribunal onlonne (pie le susdit d()eument s<»r.i consider^ comm« «'tant dornnt
lc Tribunal pour <iu'il en soit fait tel uwgo (luc lo Tribunal jugcni convenablo,
[691J E 2
I'f llfc.1, ''
j'r''\' ',5:
SI
L' AijrnI r/f.v l-Unl>-l'nis (Idiuic iilors IttMiiic th's iikiIkmih sdivjinlos : —
"I. l/Agonl (IcM l'!(M(N-riiis tlosirc mtpt'lcr I'MfltMitioti dn 'rriltutinl (r.\vl>i(i,ii;i>
»ur 1« fait (jm< I'Aircnl tlo Sa Majcstc Hntaniiiunc a |iuilo i\ n.-, .'(VDnaiMHiiiicr, iiar ui
lotlrc n\ (la(o dd 'Jfi Mars (Icinior, (juil avail I'livojt'' li rlmciiu drs luomlii-i'M dn
'riiliiiital tlos I'opics (m\ tln|ilira'!i (Tiim ' liapjiiirl Sup|>li'iuiMilaii)< iIcn ('omntis-nin'd
Hrilni)itii|ni<K (It'sisriu-s pnur lairc uiit' >'iii|ii('<lr siir li"* |iiii>inii'M ilr la Mcr (li> Uolirin ;;■
" l/Akfoiit «l<>s lilals-liiis, (M) vaiMiii <li< riMIc iiUuniwiiiiin, iliMiiaixli- a I'lioiioi ili|i>
Triltnnal <|iu< lo dut'innrnl iloiit il H'ai^it no sml pas pris i-;i iM)nsi(lr<ra(ii>ii d <)n'il hh
nlo\inu'> a I'Aijcnt do Sa Majcslr. par Ic molif tju'il •'•-l pn<si«nl«' 11 (in iiioiin-nl («l A.m^
iiur fornto (pio n'aulorim* pas lo riailc,
"2. l.'AsrtMit dcH Mlats I nis domaiuli' a I'lmnoraldc Trilnmal d'i'xrliin> do rAiln-
lne>' «<> (pii, daiix la diMiiaiidc da (ininirnomciil df la (Jfaiido-nrt'lairiw. a trail 11 la
s >iM.io iiicnIiiMmci" i^i la pa)r>' :'i."» dn <"(>ntn'-Mi'initiri> dii dil »ii)n\iM'iu'niiMi(. tMiniiu'
a_vai\( « fi- dopciiM'o pour irais oiM-asjiimnw par la pi'i>i>(M|iin< di'vaiil la ('luir Siipi'ivii,.
tlos I'liaS-s-l i\is ;
" l!l d'<'\r!ui(^ aiivsi di' I' Vrliilrau'i' la ri'i'lamaliini ol rcipuMo dii lurmc (imnniuv
mmf t|\ii (IjtitnMit i> la dito pai^i' '.W'k tiMidanl a co ipic Iin \rl)ilt'(>s ('(aldissiMil ipii'ljc
priso till (]tu>II(W pvisiw ainau'iii pii i'>lri> (>lVcfl»ii'(N par 'i<<s rlia>is<Miis pi'lM'^iipics daiis l.\
Mor do Koluiiitr sans indiio dimitiiilioM dii (ronpoaii do plimpirs piMiilaiit la diiit'o dc ri<t
Arliitrairo ;
•*!■,(. do plu«. il'ovolmo do 1' Avliitrairo la roolamalimi dii luomo (ioinonionniil,
tuonli.»tu\t'o a ladi(o paijo lU.'i. on \ no d otio aiilnrist' a (Maldir los p:i_voinoiit>4 fail** par
lui aii\ propviolaii'os ('aiiadions di> liiUinioiils oniplnvo-* a la oli.asso dos pliiiipio>< ;
" 111 tpio toiilos pi'oinos oil lolls lomoi);:naiti<s avaitl Irail aiiv siisdilos roolaniadims
on nuoNtions. oil a I'mio d'ollos, sojoiil lavos dii t'onlro-Moiiioiro Urilaiiiiiipio, ol. ni
pailioiilior. lo> promos 011 lomoiunaixos so Iroiivaiit au\ p:iiro>i 'JITi a 'JJ'.I ihoIiisim-
inoMt dii roino 11 do 1' \ppondioo audit i'onlro-Mi'uioiro.
" 1,0 rondouioMi do la uiolimi ou dos ni.ilions ipii pr 'oodoul osl ipio los roolanii-
tioHs 01 «piosuoiis siisuionlioiiMoos soul, oiisoiiililo <iii oliaouiii' il'ollos on parlioiiluT.
pn\sonlt>os pour la proniii^ro Ixis dans io t'onlroMt'inoiio dit (ioiivornoinonl i\i' la
♦ irando-MitMniino o( nirannino d'ollos, onsoinl>l(> on on parlioiilior, no so rapporlo. nj
no so n'l^in\ par \oio At' roplupio. '.(nt au Moinoiro Ao^ Istals-I'nis, soil i^ i|iioi ipio cc
»o»t tju'd oonfionno, si tu'> n'osi on {'\'' ipTollos londout i^ Moulonir dos r«'«olainalions cii
doiuiuacos-intoivis prosoiitoos i'\pr(»ssoiiiou! dans lo MiMiioiro orit;inal dii (Jouvonic-
mont do la Urando-Krolairno, ol (pu>. on I ml ipi'ollos (oini)ont sous oollo dr-llnilMii.
losdit<>s doinaiiilos soul iir(<y;iiliiMos «'oninio I'aisai'l doulilo oniploi."
/.(• i^iffthlrnt aiant fail oltsorvor qu'il oonvi(Midrail d'oxaininor soparomoni Is
motions «>t do roiuovor i\ iino poriodo iiltorionro do lit prooi'vlini' la disoussion do la
mvondo motion prosontoc* au nom dos Ktils-I nis.
I.' liotuirulilr i . J. /'Ar//)v doxolopp;' dovaiil lo Triliniial los arf^iinionts a I'lpiim
do la pivini^ro motion, oollo ipii osl rolatix' au ISapporl Snpploinontairo dos Ci
Muniis.
sjiin's Hrilinniiiuos
A I h
11 Iiouros l\0.
ouros.
la soaiioo osl lovoo ol lo 'rrilnmal s'ajour
no au
lond
ontaiii a
Aiusi fait a Parix. lo i Avril. ls<H, ol out siixn
1,0 IVosidont. .
I/Am'iit di's Ktat<-1 nis
l/AjfiM.I di' la (in»ndo-Hri>tajfno
liO So
oii'tairo
AI.IMl. OK COIIKIKI,.
.KM IN \V. l"()Sri:i{.
("iiAinjis II. Tiirn;!!
A IMMKIIT.
[Kii^HhIi version.]
Protocol So. P.~\tepi>r.ii of Tiitudnif, Jiml t. ISO:?.
At IVio tho Triiiunal assoinhlod. all tlio Arltitratiirs hoiiiur prosonf.
Thf Pf:.M,irr\l annoiinood that tlu '"rilninal had dooidod to ajipoinl Mr. A. Hailly
Hlfinoi»:inl and Mr. t'linvnirhanio as oo-Soorolario< with M. Imlh'rt.
A1.«o, M. lo CMicvalior Uajuotti, M. lleari I'oor, and M. Ic VioomU^ dc Munnovillt
i»s Assistant Swrotflrios.
ri
30
Tlif Vrrsiihnt ninioiitUMMl llm( lli<< 'IViliiiiiiil wuh nviil}' )«> liciir niiy iiioiioti Ity nillinr
„| ||i(- imrlirn.
SirChnilrn liiixsrll lUvw ^|nlkl^ !IM(I i\\ (Im« climr oI' \\\h h|M'I'('|i he NUt>mit('<i(1 Mm
l,i||(>\uiiu; tiii'tiiiii :
" Tlinl llif AtfiMil of llii> lliiilt'd HlntcH hr cnllril ii)ii)ii lu prodnn' Mw oriKiniil or a
i'irlili)'<l <'<i|),v of Mm ltr|iiii'l iniiilr liy llciiry W I'.llioll on Mi<' mihjfrl of fiir-miilN
|iiiiMiiiiil to A»"l ol' ('on^n'MM ol' IH1»(»."
Sir Rii'liaiil H'rhslrr f«M|t|Mirtr<l IIm" molion
'I'hr lliinininihlr K. ./. I'hrlpi rcplird iinil Hiiltinillnl Mic lollowiiiK iiiimwim' Io Mm
mill ion ; —
"TIh' I'nitnl SIiiIi'h' <iM\(>iiinii'nl ilcnlrM Ihiil Hit Hriltinniii Mhji'hIv'h novcrn-
niiMil i'' •'iitiMrd, niiiirr )li<' |it'ovisionM ol' tlir 'rn'itly, Io imy onliT Uy I.Id' 'Irilinniil for
Ihc |iriiilni'liini ol' lhi> (lociiinrnt N|M'cil|iM| in Mir motion, iih ri niMltrr oT rii^lil.
" 'I'Ih" rnilnl SIiiIi'h' ( io\ crnninil. Iiovvcvi-r, tn willini; Io wiiivc (ho I'nr an il in
idiH'i riMMJ) ill* lij^lil 111" olijnlinn, nnil Io rnrnisli Io llii' Ai^imiI of Her MiijcHly'n
(iiiMioMMMil !i ro|iy i>r lln> (iocnin'Mil n-riTriMl to. I'nr wnrli mmc mh <'viili'n«'<' nn Mm
Tnliiiiiiil iniiy ilrrni |M'o|m<i- Io mIIow.
Not roiiD'din^, liowrvcr, in mi iloiiiK. Iliiil filli<-i- |iMrly (it MiiN or any Nnli<(i<i|ni'nt
sliiM' of t'lK' iiioi'iMMJintTH liMM II ii<(lil to inlroiinn* iiiiy I'nrtlirr oviilfnci^ wlinl.<'V<'r, ii|Min
jiMV Nutiji'*'* uliiilf'viT, connri'lt'd with I lie «'onlrovcrHy.
"And rnrtliri- Hli|iiilntin!r lliiil if tlir doniiniMil I'ld'crii'd Id in Miis molion nliall Im
iisi'il in rvidi'iirc nl nil, il sliiiil lie opni to tin' iihi- of liolli parlifH i'(|iiiilly in nil it*
liiiiiiN "
Mr. Jiimm ('. Cinh't lollioM'd in sn|i|iorl td' llii' iiiiswri'.
Tin' Coiirl. iidjoniiH'd Tor ii short lime
Un ifiiHMi'iiihlinij, the i'li'siijcnl miid ;
"'I'Im' 'rriliiiniil din't'l-* lliat the ahovr-namrd docnnifiil. ho n-^^ardcd aH liffon* Mm
Ti'iliiiMiil Io Im< iiiadc hih'Ii iimc ol hm tin- 'riihnniil lliiiiks lit."
'rill' Aijcnl lor Mil' linilid Sliilr«i Mn>n read Ihc rollowini!; inolioim: -
"I. 'I'hr Aui'iit ol' llif |i|iiti'd HialiK dcNins Io hiitiL; to the altnition of tlio
TiilinnnI <d' Arhilralion Mm lad Ihal In- has hnn inrorincd hy tlio Aj^nt of Ih-p
llrilioinic Majrsly, in u nolc dated Mir ^oih nllinio, Ihal lie has sent Io each of Mm
luriiilirrs of tlie 'Irihnnal eopiiM in dn|dii'iili' (d' a ' Sii|i|di'mentary lieport of lln- ItritiHli
('(iMiniissionei'H a|ipoinled to inipiirr inlo sen! life in Ifeiirinii; Sea.'
" 'I he AtjiMil of tlie Ihiiled SlaleN, in view of Ihis inroininlioii, iiioveK llii<i
jiiiniinialde 'rrilninal Ihal tlie dueiiiiienl referred to he diHiiiisHerj from <;onMideralioii
iiiiii he relumed to Her Majesty's /\i;enl, on the t;i'iinnd Ihal. it is Huhmitted nt h tinm
.iiiil ill a manner not allowed 'ly the Treaty.
"2. 'I'lieAj^eiitof Mie I idled NIateH moves this honoiiialile 'I'lihnnal t> dismisH
friiin the Arhitratioii ,so inneli id llie demand of Ihe (iovernment of (Jreat liritain as
ri'l.'ites to llie sniii slated upon p. Mlo of the ('oiinler-(!nse of the said (iovernment Ut
iinv:- lieeii inenri'ed on neeoiint of expenses in eoime(dion with proceed i iiifs hefore tim
Sii|iieiiie Court of the Dniled Slates ;
" .\nd, also, to (lisniiHs from the ,\rliitralion the claim and rc(|iieMt of tlie satim
(Invernment, mentioned on said p. .'Ho, that the Arhilral.ors find what i^afidi fir <'ate,lies
miv'lil have heeii taken iiy pi lat,'ie senilis in llehrini,' Sea without iiiidue diminution of
till' .seal lierd diirini; the iieniiency of Ihis Arhilnitinn ;
"And, further, to dismisH rroin the Arbitration the claim of the same (Jovern-
nii'iit, mentioned on Ihe said p. ^Ho, to show payments hy it to Mi<: Canndian owners
of scalinf^-vcHNels ;
"And tiiJil all proofH or evidence reialiiif^ to the fore^oinK 'daims or mailers, or
ritlicr of Mieiii, lie vtricken from tlie Hritisli (lounler-Cnsc, and in particular thoso
t'lmiid on p|i. 215 t<i 22J) ineluNive, of Vol. ii of the Appendix to said Counter-f'nsr.
" 'PIm ^roulld of Mie fore^oins^ motion or motioiiH is Mint Mm clnimH and matter*
nrDrisaid am, and ejicli of them is, prcNcnted for the HiNt time in tlie (Jounter-Cnw! of
the (lovcnwnent of (Jrent Hritain, and that they are not, nor is either of them,
iMTliiient or relevant hy way of reply to tho Case of the United States or to anythinff
<'c»ntaiiie(l therein, except ho fir ns the same; may tend to support claims for damngcfl
distinctly nmde in Mm original (>'ase of the (loveniment of (Jreat Jtritain, and that %n
far as tlicy come under that head Mm matters are irrcLfiilar as heini( cumulativR only."
The i'rpsident having remarked that tlir> tnotions should Im? considered sflparatcly,
and that the discuNsioii upon the Hccnnd motion hrniight forward hy the TJnl.tod Btatiii,
should h(} pootponcd to a Ruliso(|uent period of the {iroc<H;din^, the Honourable £. J.
tW:;
■♦■rjil,
'I
i ■■■; K
,ii
u .}•
i
■ h
i ^ .,
m
Phelps addressed the Court in support of tlio first motion relative to flic SupplcDieutarv
R^ort of the British Cuiumissiuiicrs.
At '4: KM. the Trihuniil luljouriicd to tho next day, at 11'30.
Done at Paris, tlie itli April, LHU3, and sigiiud :
The President
The Agent for the United Sttites
The Agent for Great Urituin
The Seeretttry . . . .
ALPH. DE OOURCBL.
JOttN W. FOSTER.
CUARLB8 II. TUPPEIt.
A. IMJ3ERT.
Tmnslation oortiflod to be nccuratt^ :
(Higned) A. BAiLLY-Bh^NOHAiiD,
U. CCNl'NeUAMB,
■}
Co-Secrctariex.
Inclosuw 2 in No. 42,
Protocols No. 4.— S^mcc du Mercredi, 5 Avril, 189H.
liE Tribuiml s'est ri^uni (\ 11 houros 45, tous l(!s merahrcs t'^tant pr^enU,
U Honorable E. J. Phelps continue et nchftvo son avgumcntiition dc la veillo.
^fr, James C. Carter d6o\niv qu'il n'a aucuno observation Ji ajout-er.
Sir Charles Russell s'oppose j\ la motion en discussion, en se fondant sur les
arguments suivants : —
"Que lo Rapport Supph^mo-itaire dcs Commissaii«s Britanniqucs, en date du
31 Janvier, 1893, n'est prcsonte qu'on cc (|ui concerno la ((uestion di« Rdglc.m<MitK, ot
que, d'apriXs les dispositions du Traito d' Arbitrage du 20 F«^vrier, 1892, c'ost avfc ruison
qu'il est ainsi soumis au Tribunal, le(jn(»l aura n I'exiiminor i\ ce point dn vue,au<'as m\
il serait appeld a divider, on vcrtu do I' Article 7, la question do savoir s'il y a li«Mi dc
faire des lW>glnmonts communs, ct, dans I'affirmativc, (picls d<'vmiont fitre ces iWgle-
ments."
Le Tribunal suspend alnrs sa smnce.
A la i-eprise. Sir Charles Russell continue s«m arg«imontatio«i.
A 4 heui^j la stance est lev(!e et le Tribunal s'ajourne au luudemaiUj ii
11 heiires 30.
Aiusi fait a Paris, le 6 Avril, 1803, et ont signc :
Le Prdsidcnt ALPn. UE COUR(JKL.
L'Agont dcs Rtats-Unis fOlEN W. I'OSTEU.
L'Agtmt de la Grande-Brotaguc . . CHARLES U. TUPPEU.
Le Sccn'-tairo A. IMHERT.
!^
[English version.]
Protniol No. 4. — Mrrtiitg of IVednesday, April 5, 1893.
At ll'lo A..\i. the I'ribunal assembled, all the Arbilrators heing present.
The llcniourithlr E. .T. Phelps citntiniiod Ills speech of tlie previous day and
concluded his aririiment.
Mr. James C. Carter uunouncexl tluU he had no additional remarks to oA'er.
^V Charles Russell opposed tlie motion under disimssion on the I'ldlov iii!.'
grounils : —
"That the Su]>plementary Rejjort of the British Comtui»si(iuers, dated lIil
31itit January, 1893, is presented solely with rofenmce to the question of Regukitioiu,
i«id, under the provisions of the Treaty of Arliitmti«)n of the 20th Eebruury, 18'JJ, is
properly presented to the Tribunal, and so shoukl bu considered by them in thorve.it
of tiioir being oalled uptm U> determine, pursuant to Article 7, vrliat, ii <in^v,
conenrront R^ulatioHs are ncccBSary."
The Tribunal adjourned for a short time. '
On reassembling, i:iir Charles Russell eontiuued his argument.
n
At 4 P.M. tlio Tribunal adjourned to tho next day at 11'30,
So dono at Paris, the 5th April, 1898, and signed :
The President ALPH. DE COUPxCEL.
The Ajcent for the United Statw . . JOHN W. FOSTFR.
Tho Agent for Great Britain
The Secretary
Tmnslation certified to ha accurate :
(8l>|;ncd) A. lUiLLY-BLANCHAnD,
H. CUNYNOHAMK,
CHARLES H. TUPPER.
A. IMBERT.
•}
Co-Secretaries.
Inclosure '.\ in No. 42.
Protocole No, 5. — Shnce du Jeudi, 6 Arril, 1893.
LE Tribunal s'cst rj'mni h midi o.t domi, tous les Arbitros <ftant pn'sents.
Sir Charle.1 Russell repnmd et ach«Ve son discours de la veille.
Sir Richard Webster declare qu'il n'a rien ii ajouter aux observatioiLs do
Sir Charles Russell.
Mr. James C. Carter prend la parole pour soutenir la motion pr^eatee au noxn dea
fitafi-TJnis.
A 1 heure et dcinie In Tribunal suspend sa seance.
A la reprise, Mr. James C. Carter continue son argumentation.
A 1 heiiros la si'ancc; est lev('!e et le Tribunal s'ajoume au lendemain. a 11 hejires
el (lemie.
Ainsi fait ft Paris, le Avril, 1893, et ont signc :
T^ President ALPU. DE COURCEL.
r/Agent dos l5tats-rnis .. .. JOHN W. POSTER.
L' Agent de la Grande-Brctagne .. CHARLES H. TUPPER.
LeScenUaire A. IMBERT.
• ■*}'■■•?•
[English version.]
Protocol No. 5.--Meetimj of Thursday, April 0, 1803.
TFIE Tribunal assembled r.t 11-30 a.m., all the Arbitrators being present.
Sir Charles Russell resuraed his speech of the previous day and concluded his
arcfnment.
Sir Richard Webster said that hi; had nothing to add to Sir Charles Russell's
n'marlis.
.Vr. .Tames C. Carter rf'plicd iii support of the motion made on l)ehalf of tlie
I'liilcd States.
At V3() the Trilmnal adjimriied fia' a short time.
On rcasst'iiiMing, Mr. .lames (,'. Carter CDiitimu'd his argument.
At 4 P.M. the Tribunal adjouiiicd to the next, day at li-3(> a.m.
Done at Paris, the (itii April, lb'.):{, and signed :
The President VLPIT. UE COURCEL.
Tiie Agent for the I'nit.-d States . . .lOllN W. POSTER.
The Agent for Great Riitaiu .. CHARLES H. TUPPER.
The Secretary A. IMBERT.
Translation certified to be accurate :
(Signed) A. Baillt-Blanchard
H. CCNYNOnA.ME,
■•I ! ' .'1 •- .
•}
Co-Secretaries.
li^m
.1 IH
f !■
• »-, ,V ."' « %:
82
No. 13.
Mr. Tupper to the Earl of Boaebery. — {Rectmd May 4.)
My Lord, Paris, May 3, 18!)3.
AT the meeting of the Tribunal yesterday, Mr. Carter continued his arguiiuMit,
claiming for the United States tiie right to employ force upon the high seas for tin.'
dofenet; of its proi)erty interest in the fur-seals and in th<» industry of tl>c seal islands.
Having brought his observations on this point to a close, Mr. Carter proceeded to
discuss the question of regulations.
This course was followed in accordance with an tii itingemont arrived at by
the Counsel on both sides, whereby each jnuty sho\ild be at liberty to present its argu".
mcnts on the legal questions an'' r''i,'ilations .sepani'jly.
A dif.oussion arose on this (question, which your liordship will find reported on
pp. 525-528 ot ine shorthand notes.
Mr. Carter maintained that the regulations to be made by the Tribunal slioidil
not be confined to BehringSca, but should extend outside that area M'herever neeesiity
i-equired tliem.
The United Suites, he said, had no regulations to propose save one, namely, the
total prohibition of the killing of all seals anywhere on the high seas. After a Jelailcd
criticism of the s<*heme of regulations proposed by the British Commissiom'i'i,
Mr Carter brought his long speech to a conclusion shortly before the hour of adjourn-
ment.
Mr. Coudert is to follow Mr. Carter on behalf of the United States at the next
meeting.
I have, &c.
(Signed) CHAKLES H. TUPPEU.
No. 44.
Mr. Tupper to the Earl of Rosehenj. — (Received May 5.)
My Loi-d, Paris, May 4, 180;V
AT the meeting of yesterday, Mr. Coudert opened his speech, on behalf of tliu
United States, which he said would be mainly devoted to a statement of the facts
on which the argument of Mr. Carti-r depended. But before proceeding to a rofital
of these facts, he wished to add something to what had been stated by Mr. Carter in
reganl to the "self-defence" of the sealing industry.
Ilis opening observations were therefore directed to this question, and he had not
concluded this portion of his subject when the Tribunal adjourned.
I have, iVe.
(Signed) CIIAHLES II. TUPPER.
No. 15.
Mr. Tapper to the Earl of Rosebery. — [Received May 6.)
My Lord. Paris, May 3, ISO.!.
AT the meeting of yesterday, ^fr. Coudert continued his speech, and alter sonic
observations on the issues before the Tribunal proeinxled to a detniled examination
ot the facts connected with seal life, which he ha<l not concluded when the hour of
adjournment arriv(>d.
I have, &c.
(Signed) CHARLES U. TUPPEU.
lil
"i^'M
88 ■ '
No. 46.
Mr. Tapper to the Earl of Rosebery. — {Received May 8.)
My Lord, Paris, May 6, 1893.
I HAVE the honour to transmit for your Lorrlship copies of tho official Protocols
Nofl. 6, 7, 8, and 9 of the proceedings before tho Helirin|jf Sea Arbitration Tribunal.
I have, &c.
(Signed) CHARLES H. TUPPER.
Inclosurc 1 in No. 46.
Prolocole No. 6. — Se'ance du Vendredi, 7 Avril, 1893.
LE Tribunal s'est r^uni i\ 11 hcures 40, tous les Arbitres 6tant pr^ents.
L'Honorable E. J, Phelps appelle I'attention du Tribunal sur certaincs erreurs dans
Ic compto rendu st^nographiquo.
Le President fait observer quo les seuls comptcs rcudus officiels garantis par
Tautorit^ du Tribunal sont les Protocoles ; la rosponsabilite des notes des stiSnographes
incom1)e exclusivement aux Agents des deux Gouvernements.
Mr. James C. Carter reprend alors son argumentation pour les Gtats-Unis.
Lc Tribunal suspend sa seance h 1 hcure 30.
A la reprise, Mr. Carter continue et achi^vo sa plaidoirie.
Les Conseils des deux parties echangont niors, avcc I'autorisation du Frdsidont,
quclqucs explications compl«5mcntaires sur des points so rattachaut aux plaidoiries qui
TJcnnent d'avoir lieu.
L'Honorable E. J. Phelps nyant doraandi^ ensiiito que Ton proc6di\t i\ I'examen
de la secondo motion, lo Tribunal declare qu'il fcra connaitre ses intentions ^ ce sujet
dans la prochaine seance.
A 3 hcures 50 lu seance est lev<5e et lc Tribunal s'ajournc a Mardi pour une
rdunion priv<So, la s6ance publiquc etant remiso au Alcrcredi, 12 Avril, 1893.
Ainsi fait li Paris, le 7 Avril, 1893, et out signe :
Le President ALPH. DE COURCEL.
•L'Agent des fttats-Unis . . . . JOHN W. FOSTER.
L'Agont do la Grandc-Rrctagno .. CHARLES H. TUPPER.
Le Secretaire A. IMBERT.
[IJnglish version.]
Protocol No. ^.-'Meeting of Friday, April 7, 1893.
THE Tribunal assembled at lldO a.m., all tlic Arbitratore being present.
The Honourable E. J. Phelps called tho attention of the Tribunal to certain errors
in the shortliand notes.
The President stated that the only official Minutes which were specially under the
authority of the Tribunal were the Protocols ; the responsibility of tho shi^rthand notes
rested exclusively with tho Agents of tho two Governments.
Mr. James C. Carter then continued his argument on behalf of tho United States.
At 1"30 tlio Tribunal adjourned ibr a slutrt time.
On reassembling, Mr. Carttr continued and concluded his argument.
Tho Counsel on both sides then exchanged, with the sanction of tho President,
sumo supplementary explanations on points relevant to the arguments which had
previously t-aken place.
The Honourable E. J. Phelps having afterwards applied to have the second motion
conaidcred, the Tribunal declared that it would announce it« intentions on this subject
at the next meeting.
[691] »
■m
"♦'^A
M
^4
At 3*60 P.M. tho Tribunal adjourned to Tuesday for a private meeting, the puljlic
meeting being postponed to Wednesday, tlic 12tli A])n\, 1803.
Done at Paris, tho 7th April, 1893, and signed ;
The President
The Agent for the United States.
The Agent for Great liritaiu
The Secretary
ALPn. DE COURCEI..
JOHN W. POSTER.
CHARLES LI. TUPPER.
A. IM13ERT.
Translation certified to bo accurate :
(Signed) A. Bailly-Blanchard.
H. CUNTNGUAME,
•}
Co-Secretaries,
Inclosure 2 in No. '16.
Protocole No. 7. — Stance du Mercredi, 12 Avril, 1893.
i
i
V.
LE Tribunal s'cst rduni Jl 11 heures 10, tons les Arbitres ct.int presents.
Le President donne lecture d'unc d(k;ision du Tribunal ayant trait au " Rapport
Suppl^mentaire des Commissairos do la Grande-Brctagno dans la Aler de Bohriiii;,"
Rapport dat«S du 31 Janvier, 1893, ot dont radmissihilitt! a fait I'objet do la discussion
qui a occup6 les pr(5c^dentes st'^anccs.
Les terraes de cottc d(5cision sont les suivants : —
"Le Tribunal decide do no pas recevoir, quant i\ present, le document intitule;
•Rapport Suppl^mentairc des Coramissaires do la Grande- Bretagno dans laMcrde
Behring,' dat«S du 31 Janvier, 1893, et sign6 do George Baden-Powell et Gcnrsjc
M. Dawson, lequel a dt^ remis aux Arbitres individuollement par 1' Agent do la Giaiido.
Bretagno, lo 26 Mars, 1893, et contient uno critique dos moyens de preuve produits
dans les pieces et documents pr^cddemment remis aux Arbitres, ou une argumentalion
portant sur lesdits moyens de preuve.
" Toute liberty demeuro nc^anraoins rdserveo aux reprc^'sentants de la luutic
int^ress^e de s'approprier ledit document, dat(5 du 31 Janvier, 1893, pour rineorporer
k leurs plaidoirics, s'ils le jugent convenablo.
"Ltt question de radmissibilitc des piftces ou do quclqucs-unes d'cntre ellos
formant annexes audit document du 31 Janvier, 1893, est rdservc'c ii un exainon
ult<5rieur, sans pr<^judico du droit pour les repr(5sentants dos deux parties de disciitm' la
question dont s'agit, ainsi que le contenu desdites annexes, au cours di; lours
plaidoirics."
Le Prhident donne ensuito lecture d'unc deuxii^mo decision du Tribunal. Cc^ttc
decision, qui so rapporte a la domando pr(5sent6o j)ar I'llonorablo K. J. Plielps, ;i l;i tin
de la pr6c6dente s6ance, relativement ti Texamen de la secondc motion des Etats-Unis,
est con9ue en ces termes : —
" Le Tribunal decide qu'il differera, 'isqu'ii tel moment qui sei-a par lui
ultdjrieureracnt indiqu^, d'enlendro plaider do prendre on considci-ation la nintina
presentee, le 4 Avril, 1893, par les Etats-Unis d'Amerique, tendant a la radiation de
certains passages faisant partie du Contre-Memoiro et des moyens de preuve du
Gouvernement de la Grandc-Brotagne."
Le President exprime lo ddsir du Tribunal de ne pas s'attarder u des discussions do
procMure et d'aborder le plus promptement possible Ic fond de la qiuKstion.
II invite, en consequence, les Conseils u (>utrer imnukliattMnent en matit^re.
Sir Charles liussell fait connaltre Tordro dans lequel il a ete convenu que Ips
Conseils pr(5scntcraicnt Icur argumentation et ses indications sont confirmees \m
Mr. James C. Carter.
Le Pre'sident ddchiro que le Tribunal agrcera la manifre do proceder arrfitee ciitre
lc8 Conseils, mais il demande i\ ceux-ci de vouloir liien, autant (lue possible, dans liiir
argumentation, traiter separement la discussion des points do droit et celle des
lluements «'!ventuels h in tervenir.
Mr, James C. Carter, aprds avoir remereie la Franco de son accucil hospitalier,
commence son plaidoyer pour les iStats-Unis.
Lo Tribunal suspend sa stance i\ 1 heuro 30.
A la reprise, Mr. James C. Carter continue son expos6. " ( ^Wj
w
scussioiis do
as
A !■ hfiuvs hi s«;anco est lovoc ct lo Tribunal s'ajouruc ou lendcmaiu, ii IX
licui'i's ;jo
Ainsi fait « Pnris, Ic 12 Avril, 181)3, ct ont signu :
Lc rrdsident ALril. DE JOURCEL.
i;Aj,'(>nt (Ics l<;iats.ITnis . . . . JOHN W. FOSTER.
I/Agont (le la Giandc-Bretagnc . . CHARLES 1£. TUPPER.
Lv Secretaire A. IMBERT.
[English version.]
Protocol No. 7.— Meeting of Wednesday, April 12, 1S93.
THE Tribunal assembled at ll'lO a.:m., all the Arbitrators being present.
The President then read the decision of the Tribunal with reference io tho
"Siipiilcnientary Rejjort of tlu! British Beliring Sea Commissioners," dated tiic Jllst
January, 1S'.)3, the admissibility of wliich was llio subject of tho debates which took
place at tlio previous meetings.
Tlio terms of tlic decision arc as follows : —
" It is ordered that the document entitled a ' Supplementary Report of tho British
Bchring Sea Commissioners,' dated tlic 31st January, 1«{)3, and signed by George
Baclon-l'owell and George M. Dawson, and delivered to the individual Arbitrators by
the Agent of Her Britannic Majesty ou the 2oth day of March, 1893, and which
contains a criticism of, or argument upon, the evidence in the documents and papers
previously delivered to the Arbitrators, be not now received, Avith liberty, however,
reserved to Counsel to adopt such document, dated the 31st January, 1803, as part of
their oral argument, if they deem proper.
"The question as to tlic admissibility of tho documents, or any of them,
constituting the Appendices attached to said document of the Slst January, 1803, is
reserved for further consideration, without prejudice to tho right of Counsel on cither
side to discuss that question, or the contents of the Appendices, iu tho course of tho
oral ar^'ument."
The President then read a second decision of the Tribunal. This decision which
relates to tho application of th<> Honourable E. J. Phelps, ])resented at the close of the
prcct (ling meeting, and having reference lo the consideration of the second motion of
the I'nited States, is worded in these terms : —
" It is ordered that tha Argument aiul consideration of the motion made by the
United States of America on the Ith April, 1893, to strike out certain parts of the
Countcr-Casc and jiroofs of the Governmcut of Great Britain, bo postponed until such
time as may be horealter indieatej by the Tribunal."
The President then expressed the desire of the Tribunal not to spend time in
discussions on i)roceduio, but to enter as soon as possible upon tho main question.
IFe accordingly invited the Counsel to address themselves immediately to tho
matter at issue.
I?//- Charles Russell indicated the order in which it had been agreed the Counsel
would present their argiuneuts, and his statement was contirmed by Mr. James C. Carter.
The Presidtnl dcclaied that the Tribunal would approve of the mode of proceeding
aijiTod upon l)y the Counsel, but he requested tiu'm to bo kiiul enough, as far as
possible, in the arrangement of their arguments, to keep separate the discussion on tho
mailers relating to riglit, and those relating to the Regulations which might eventually
he proposed.
Mr. James C. Carter, after thanking Prance for her hospitable reception, began his
argument in behalf of the United States.
At 1"30 the Tribunal adjourned for a short time.
On reassembling Mr. James C. Carter continued his argument.
At 4 P.M. tlie Tribunal adjourned to the next day at 11*30
Bono at Paris, tbe 121 b Ai)ril, 1803, and signed :
The President ALPH. PE COURCEL.
The Agent for the United States. . JOHN W. FOSTER.
Tho Agent for Great Britain . . CUARLES H. TUPPER.
The Secretary A. IMBERT.
Translation certiflcd to be accurate :
(Signed) A. BAIUiY-BLANOHABD, '
11. GnNTNOHAUB.
•}
Co-Secretaria.
I
J
t
f::
[1
i.
■t; ■
[691]
V 2
i
mm
Inclosure 3 in No. iti.
Prolocole No, 8. — Seance du Jeudi, 13 Avrilt 1803.
LE Tribunal s'cst ruuni i\ 11 licures 10, tous los Arbitrcs dtant presents.
Mr, James C. Carter rcprend sou itr(;unicntation.
A 1 houru 50 la sunnce est suMpcnduu.
A la reprise, Mr. James C. Carter continue sa plaidoirie.
A 4 heures, la stSauuu est levee et lo Tribunal s'ajourno au lendemaln
11 heures 30.
Ainsi fait t\ Paris, lo 13 Avril, 1803, et ont sigu^ :
Le Pr»5sidcnt ALFH. DE COURCEL.
L' Agent (les Rtats-Unis .. .. JOHN W. FOSTER.
L'ARont de la Orande-Bretagnc . . CUARLES H. TUPPER.
Lo iSecr<Staire A. IMBERT.
[English version.]
Protocol No, S,—Meetiiuj of Thursday, April, IS, 1893.
THE Tribunal assembled at 11* 10 a.m., all the Arbitrators being present.
Mr. James C. Carter resumed bis argument.
At 1"30 the Tribunal adjourned for a short time.
On reassembling, Mr. James C. Carter continued bis argument.
At -1 P.M. the Tribunal adjourned to the next day at 1 1*30 a.m.
Done at Paris, the 13tii .Vpril, 1803, and signed :
The President A LPII. DE COURCEL.
The Agent for the United States. . J011x\ W. FOSTER.
The Agent for Great Britain . . CHARLES 11. TUPPER.
The Secretary . . . . A. IMBERT.
Translation certified to be aeeurato ;
(Signed) A. Ba i lly-Blancuakd,1 Co-Secretaries
H. CuNYNGiiAME, ^^o-aecretanes.
ill-fi
Inclosure i in No. 46.
Protocole No. 9. — Se'ance du Vendredi, It Avril, 1803.
LE Tribunal s'cst reuni u 11 heures iiO, tous les Arbitrcs 6tant presents.
Mr. James C, Carter reprcnd son argumentation.
Lc Tribunal suspend sa seance li I heure.
A la reprise, Mr. James C. Carter continue sa plaidoiric.
La seanco est lovuc u 1 heures et le Tribunal s'ajourno au Mardi, 18 Avril,
h 11 heures 30.
Ainsi fuit u Paris, lu lli Avril, 1803, et out sigu6 :
Lo President ALPU. DE COURCEL
L' Agent des Etats-Unis .. .. JOHN W. FOSTER.
L'Agcnt de la Grande-Bretange . . CUARLES U. TUPPEU.
LoSccnStairc A. IMBERT.
[English version.]
Protocol No. 0.— Meeting of Friday, April 14, 1898.
THE Tribunal assembled ut 11* 10 a.m., all the Arbitmtors being present.
Mr, James C. Carter resumed his argument.
At 1 o'clock the Tribunal adjourned for a short time.
On reassembling, Mr. James C. Carter continued his argument.
37
At 4 P.M. the Tribunal adjournod to TueHdiiy, tliu IHth April, at 11'30 a.m.
Dodo at Paris, the lith April, 1803, uu<l siKticd :
The President
The Agent for tlui United 8tatc8. .
Tho Agent for Great Britain
The Secretary
ALPH. I)E COl'HCEL.
.JOHN W. POST li 11.
ClIARI-KS II. TUPPEll.
A. IMliliU'l.
Translation cortiticd to Im; accurate :
(Signed) A. liAiLLV-KLANcaAUU
U. CUNYNQIIAME,
■}
CO'Secrelarii'n.
•♦•';:
' .4
No. 17.
Mr. Tapper to the Earl of lioaebertj.— {Received May I'i.)
My Lord, Paris, May s, lb<)3.
I HAVE the honour to tranHuiit herewith to your Lordship copies ot' I lie Ueport
for 1890,* on tho condition of the fur seal fisheries on the I'rihvlolV Islands, by
Mr. Honry W. Elliott.
Your Lordship will remenilM'r that this l!««port was produced by the L'liited States'
Government on tho application made by the British Counsel at the iiicelii.L,' of thu
Tribunal on the 23r(l lUarch. The conditions Jinder which it was pri'siMileil by tho
United States are set out on pp. 'M and 37, Part I, of the shorthand notes.
The document was furnishod in the form of a type-written copy, ami s )nic ilelay
has necessarily taken place in having it printed.
I have, &r.
(Si-,'ned) CIlAllLPS H. TIPl'Klt.
n
■n;
No. 48.
Mr. Tupper to the Earl of Rosvbertj. — (Received May U.)
ify Lord, Pari-, May H, 185)3.
ON the 5th instant, Mr. Coudert continued his obsttrvations on the causes of tho
decrease in tho number of seals resorting to the PribylolV Islands, urginy that the
facta conclusively proved this decrease to be duo to pelagic sealing, and that it was in
nu way attributable to the method of taking the seals on the breeding islands.
Mr. Coudert expects to finish his argument at tlie next meeting of the Tribunal.
I have, &c.
(Signed) CUARLES TUPPEIl.
No. 49.
Mr. Tupper to the Earl of Roxebery. — {Received May 12.)
My Lord, Pari«, May 10, 1893.
AT the meeting of yestcnlay, Air. Coudert continued his argument agiinst pelagic
sealing, and, after a short reference to the question of damages, concluded bis speech
shortly before the hour of adjournment.
Sir Charles llussell will oiien the argument on behalf of (Jreat Britain at tho
meeting of to-day.
I have, &c,
(lu the absence of Mr. Tupper),
(Signed) K. P. MAXWELL.
* CopiM of Ihit Report will be depoiited In the Library of eacli Huuie of I'arliamrut.
H i
1 ) . :,
lit
' 1 ;.
y'y'
4 -
m*
i
flii
wm
No. no. ..... ^
Mr. Tufpn to the Earl of Ronebeiy.—i^liectired May 12.)
My Lonl, Paris, May 11, ISO.'J.
AT tliomcctingof ycslonlny, Mio Atlonicy (Jonoral oitciicd the ar^uinont for (Jnat
BriUiin witli a sumiiinry of tin* |)()sitir)n tnkoii u|i by llcr Majttity'H GovornnuMit.
Ho cnlliHl attiMition to llu> vnrioiiN t*liai)^«'N of froiil on tlio part uf tliu Unilcd
States wliieii had taken plaee Niiu*e the h<>KilllUll^ of tlie diploniatie. eorreHpohdciuT
and t<> the novel propo.sitions of law ])i'oi)<)iiii(le(l hy the I'nited Statett' Counsel.
Sir Charles then prtH'eeded to deal generally with the ar^unientn in tl>e «pet>cli('s
of Mr. Carter and Mr. Condert, more especially with the attacks made upon tlio
13ritisli Commissioneni and uiton pela^^ie sealini;.
He had not con<'luded his preliminary statement when the Trihunal rose.
Sir Charles' opening spei-eh w.'is listened to witli j,'reat interest by the larj^rst
audience of the public whieh has been present since the e(nnmencenu>nt of the sittiuL^s.
1 have?, &e.
(Signed) ClIAllLliS 11. TUPPEIL
Mr. Tupper to the Earl of Rosebery. — {lirceived May 12.)
My Lord, Pnria, May 11, 189;{.
I HAVE the honour to Irnnsmit to your TiOrdship, herewith, copies of the ofllciai
Protocols of tho Bchring Sea Arbitration Tribunal, Nos. 10, 11, 1*2, 13, and l.^.
I have, &e.
(Signed) CHARLES IL TUl'PEll.
IndoBuro 1 in No. 51.
Protocole No. \0.— Stance du Mardi, 18 Amil, 1893.
LE Tribunal s'cst r«5uni il 11 heures 30, tons les Arbitres <';tant presents.
Lf President, hk I'onverturc do la seanet', se reft'-rant u qnel([ues paroles qu'il avail
{)rononc6e9 i\ la tin do la s«5ance preeedente, declare (|iie si, dans le conrs des plaidoiiiis,
es Arbitres sont ameni^a i\ presenter de» observations ou a adrcsser des questions
aux Conscils, ees observations ou ees (luostions ue doivent pas ^'■tre considen'rs
commc cxprimant unc opinion de lu part de I'Arbitre (pii les ibrmiile, et encore mollis
commc ougagcant le pays auquel il ai)partient. I'llles sont simplement, pour Ic
Tribunal, iin moycn d'ohtenir, des reprcscntants des parties, un eclaircisscment plus
cociplct des points en discussion.
Sur I'invitation du President, Mr. James C. Carter continue alors son plaidoycr.
La sdance est susiwndue a 1 heure 30.
A la reprise, Mr. Carter reprend son argumentation.
A 4 heures la s^nce est levee et lo Tribunal sajourne au lendemain, u 11 heures 3U.
Aiosi fait ii Paris, lo 18 Avril, 1893, et ont 8ign6 :
LoPrdsidcnt ALPH. DE COUllCEL.
L'Agont des fitats-Unis . . . . JOHN W. POSTER.
L' Agent de la Grande-Bretagnc . . CHARLES H. TUPPER.
Le Secretaire A. IMUERT.
<•« V b-fi^*'
30
[Knglisli vpraion.]
Protocol So. 10.— A/rr/inj/ of Tucsilmj, April 18, 1893.
TTTE Trihunal nssc^mblod at ll'JJO a.m., nil flic ArhitnitorH Ixuri^f prosnnt.
The Prfsuhnt, at the opoiiin^' of llio moufin;^, rrfi'rriiitf \n a frw ruinarkH which ho
had nmdo tit tlio end of tiin pnuHuling sitting, niinounrcd tlint, it' in tho uourso of tho
nrgiimpntR, tlio Arhilmtors wcro lead tn tnnktwdtHorvntions or to nddnwH (|iicflUona to
CoiiiiHcl, tliosn n1)s«>rvatioiis oi- (|ii(>HiioMs iiiiist not hi^ connidorod hh uxpressinfi; any
opinion on tlin |)urt of tli(> Arliitrntor m'Iio innkcH thnm, and Ntill inss aH binding tho
country to which he l)»'lonf;M. 'I'lii'v arc Niniply, so fur wn tho Trihunal is uonccmod,
the means of obtaining from the n^presontativos of tho parties a more complete olucida*
tion of tlio points under di8cu.ssif)n.
Upon the invitation of the President, Mr, Jiimea C. Carter then oontinuod hii
ar^imont.
At 1"30 P.M. tho Trihunal took a recess.
On tho reassembling of tlio Tribunal, Mr. Cartrr resumed his argument.
At 1 P.M. the Tribunal adjourned to the next day, at ll'.'JO A.M.
Done at Paris, the 18th April, 1893, and signed:
The President ALPH. DE COURCEL.
Tho Agent tor the United States
The Agent for (Jreat iiriiain
The Secretary
Translation certiticd to bo accurate! :
(Signed) A. BAiLLY-UiiANciiAnD,
II. CUNVNOnAMR,
}
JOHN W. FOSTER.
CHARLES II. TUPPER.
A. IMUEllT.
CQ-Secretnrie$.
':■ (t
. <>
•"/Pi
Inclosurc 2 in No. 51.
Protocole No. 11. — Stance du Mercredi, 19 Avril, 1893.
LE Trihunal s'l'st ruuni a 11 hcurcs 30, tons les yVrbitrcs utant prdseuts.
Mr. .James C. Carter roprend son argumentation.
La seance est suspenduc i\ 1 heures 30.
A la reprise, Mr. Carter continue sa plaidoirie.
A 4 heures, la s6auco est lev6u ct lo Tribunal s'ujourno au londomain
11 hcurcs 30.
Ainsi fait u Paris, le 19 Avril, 1893, ct out signd :
Lc President ALPII. HE COURCEL.
L'Agcnt dcs fitats-Unis . . . . JOHN W. FOSTER.
L' Agent dc la Grandc-Brctagnc .. CHAllLES H. TUPPER.
Lo Secretaire A. IMliERT.
[English version.]
Protocol No. ll.—Meeting of Wednesday, April 19, 1893.
THE Tribunal assembled at 11*30 a.m., all tho Arbitrators being present
Mr, James C. Carter resumed his argument.
At 1*30 tho Tribunal took a recess.
On the reassembling, Mr. Carter continued his argument.
At 4 P.M. tho Tribunal adjourned till the next day, at 11-30 a.m.
Done at Paris, the 19th April, 1893, and signed :
The President
The Agent for the United States .
The Agent for Oi-eat Britain
The Secretary
ALPII. DE COURCEL.
JOHN W. FOSTER.
CHARLES n. TUPPER.
A. IMBERT.
Translation certified to be accurate :
(Signed) A. BAiLLT-BLANcnAUD
n. CUNYNGUAME,
•}
Co'Secretaries.
t^>=--
40
Inclosure 3 in No. 51.
Protorole No. 12.— Sf'anre dti Jeudi, 20 Avril, 1893.
LE Trihnnnl s'ost rcuiii i\ 11. houros HO, tons los Arl)itres otnnt prd^jen^s.
L'.Ai^cnr (;cs fttats-rnits luit renuittro au TriJmnu! im rccupil do "Citations
(^nipruiiU'os a dcs ouvrafjos do JmisconsultcB et d'T<lconorai8te8 commo Appendices it
rArgiimont dcs I'.'lats-Unis."
Mr. Javus U. Carter rppmntl sou argumentation de la voillc.
Lti h-oiince i>sl suspondiio i\ 1 lieure 30.
A la reprise, 3/;-. Carter continue son plaidoycr.
A 4 hnurc>^ la st'^nce est levde et le Tribunal s'ajournc au Icndoinain a
11 houros 30.
Ainsi fait i\ Pi;n8, lo 20 Avril, 1893, ct ont sipfn^ :
1.f Priisid(5nt .. ALPH. DE COU?.CEL.
i;Agentd««aK'.at8-Uni8 .. .. JOHN W. POSTER.
L'Agcntde la Grande. Btttcgnc .. CHARLES II. TUPPER.
lAi Secr(5taivo A. IMBERT.
US^M'l
[Eny;Vm]i version.]
Vrolocul No. \2.-^Meet'mj of Thursday, April 20, 1393.
TUK 'I'lihunal nssfMulilod at 11-30 a,m , all the Arl)itra'nr« Ijeinpr present.
Tlu' AL,'pnt for the United States ('iMis"d to he deliverivl to the Tribunal a collection
of " C'i;;;.i()ns fV< n the ^vritiM^s dl' -lurists and Economists ns an Appendix to tbo
Argum.'iit ;>r tl-!- I'nit.d States."
Mr. Ji'virs C. Carter resumed his arginnent of tho preceding day.
Al l-.'50 th<' 'iVihunal took a recess.
On reass''ii!.hrmsj Mr, Carter continued his argument.
At !■ i-..v:. iiic Tribunal ndjo)n'ned to tho next <lay at 11'30 A.M.
Done at Paris, tlie 2()i]i April, 1HU3, and signed*:
The I'rosident ALPII. BE COURCEL.
Tlic A:- :«t for tlie United States .. JOHN W. FOSTER.
The A-cnl for Oivat Mritain . . CHARLES II. TUPPEU.
Tlie Secretary
Translation ecrtided to 'v* accurate ;
(Signed) A. i vii.r.Y-HT.ANCJiAnn,
II. CtJNVN(.llAMB
A. IMBERT.
}c,
'o-Serreiuries.
Iiuilosure !• in No. 61.
Prolocole No. Vi.—Se'unce du Vendredi, 21 .ivril, 1893.
Ll'i Tril)unal s'est reuni ii 11 heures 30, tous los Arbitrcs tStaut iirtSseata.
Mr. .lames C. Carter reprend sa plaidoirio.
A I lieurc 30 la se.mce est suspendu*'.
A hi rcpi'ise M.. fJarter coutirnu! ron argumentation.
I,a Hcinifc est li-vec a 1 liciiros.
l-e Trihr'-,;)! s'ajoiiiin' au Aiimli, 2.') Avril, a Jl heures 30.
iVinsi fiiit ii I'aris, h' 21 Avril, 1H93, et ont 8i{,rn6 :
1,0 I'lvsidcnt ALPH. DE fOllUCEU.
I/A gent d.'s !^;tats.Unis ., .. JOHN W. FOSTER.
l/Agc<tdela{lrande.Bn«tagne .. CHARLES H. TUPPEU.
Le Secretaire A. IMBERT.
^m
41
[Enplish version.]
rinlocol No. 12..— Meeting of Friday, Aprd 21, 18'J3.
'I'lIK 'IViliim.'il ass(!ml)I(Hl af ll'SO A.M., all tlio Arbitrators boinf^ iiresont.
,\/r. .Jdinr.i C. Curler resiimod bis nrnfmnont.
At i;J(> tlio 'rriliunal took a reccsH.
On rrasscnibiin!,' Mr. C'arler continued liis iirgumont.
At t I'.M. tii(! Tribunal adjourned till Tuesday, tbc 2otli April, at ll'SO a.m.
Done at hiris, tbo 2lNt April, 180;J. and sij^nod:
IV Tresident .. .. .. ALIMI. UE COURCEL.
Tlir A^'ont for tlip United States .. JOHN W. l-'OSTEll.
I'lic Anient lor Clrent liritnin
Tlir Sooretary
Tnuislation ('crtifled to be accumte;
CIIAIM.KS II. TUPrER.
A. IMBERT.
II. CUNVNCJUAMI;, ^Co.i,ecrelar,es.
Inclosurc C in Nf., 51.
nrotocnle No. li.— Seance du Mardi, 25 Avril, 1H93.
1,E Tribimal s'r.st rouni a 11 bcures .30, tons los Arbitros (jtant presents, u
lV\e<'i)ti()n (!(• Lord llaiuien, wtenu cbez Ini jwur eauso do maladic.
.S/';- Rirliiiril Wi-U^trr sc l^Te jKmr dc^clarcr (|U(> totite dtVision du Tribunal en vuo
(rune suspension 'Ic ses travnux, pendant le temps neeessaire jionr assurer le complet
n'tal)lissenii'iit de Lord llanncn, serait eonl'ormc aux desirs des C(mseils du Gonverne-
inen! Hrit;inni(|U<'.
L'lloiionililf E. .J. Phelps s'exprimo dans lo inline sens, an nom des Conseils du
fiDUvernenient des Ktats-lJnis.
Lr Prr'.ildrnt iait alors eonnaifrc quo le Tribunal a deeido de u'ajoumcr jusqu'au
Mardi, 2 Mai, \\ 11 l.eures 30.
Aiiisi I'ait a I'aris, le 25 Avril, 1S03, et ont signd :
L<' IV'sidont. ALPII. DI) COURCEL.
L'Agent des J^tats-Unis .. .. JOHN W. EiJSTKR.
l/AKent de la (Jramb -Bretagno . . CHARF.KS II. TUPPER.
1^> SeerjJtaire A. F.MHKUT.
[Enf^lisli vewion.]
Protocol No. 1 l.—Mertiiiij of Tufsduy, April 2'., IHl);}.
THE Tiilmnal assembled at ll'.'U) a.m., all the Arbitrators beins? present witli the
exccptio:; (»!' l.ord llaMiicn, eondiied to bis Ikhiso by illness.
Sir llirliin.l Wibstvr rose and stated that any decision of tlie Tribunal as to n
Mispciisjun III' its laliiiurs during tlm time neeessary to insure tl.e <'om|>li'le recovery of
Lrd llaiiMcii, would be in aceordanee with the wishes ol" the Counsel of the British
(iovernment.
Thr Hditoiirahlr E. ./. Phelp.i expressed himself to thn same elTict in the name of
the ('ounsel of the (iovenunent of the United States.
riie Prmldnit then announced that tho Tribunal bad deei<led to adjourn until
Tuesday, the 'Jnd May , at IIJJO a.m.
Done at Paris, the 2.')th April, ISIKI, and signed:
The President ALPII. 1>E COTTRCEL.
The Agent for the United States .. JOHN \V. TtJSTKK.
The Agent for Great Britain .. CHARLKS II. TUPPER.
TheSecretery A. IMREll'l.
Translation certilled to be accurate :
(Signed) A. Baxu-y-Blanchard,! ^„ q,-„/„,;,,
H. Cukynohamk, / Co.Secretar,es.
: '^^^P
. V'll
[am]
if)
48
So.it.
Mr. Tapper to the Earl of Htebert/.—^Receired May 17.)
My Loitl, Parig, Mai) 15, IH!):!
ON llir ntli instunt the Af.t.on»py-G<'nprnl, a1'*^»^r a furthpr cominout on tin.
r(>forenoes made by tli** United States to the Keporl of the Britisli Coniinissioin is,
discussed at some length the liistory of tlu* seizures of ktiiiti<»4 vessels in UelirinijSi'.i liy
the United iStates' (io-ernment, the grtniiids on wliicli tin* «w«*>Ih had been londeniuiMl.
;ind the eonsequent liahility of tlie I'nited States in t-i»»' ^'»nt of the Arhitriitms
!leei(liM!» tliat the seizures were not ju8tit?al)le.
The Ariifunient was crmtinued on the foUowinp day, speejnl refc^nsnee fjriiis ma Ic tn
the llovised Statutes of the Inited States dfaliii!,' with tlu" '.erritory of Al''xka, aiitl to
the imx-eedinijs iih the United States' District ' ourt at<litkft »« tlhe i-me of the sehooinv
'• Thornton."
Sir t'inirles IluMell went on to Hfc<>«^ that in the Ca>te pres**(»»t^'(l m Jiehn' " of tlic
Unit«*rt Stall's <jreat strew liad been i«M i»|>on tli<' jurisdi<'ti<»^ ovr rkf waiters df
Bflirintr Sea alleijf^d to bdn^e been exen»w«l oy itiissia for the |j«»»te«ft'kO!i nf flie sent
fisheri*-.-. and tliat it wan **ot until tin- of tli.' < Ouiiter-C'ase ,.'.i(l Argument ili;it
this i)oi^k)n of flic Case wa*i declared to ... • oinor iniportaMfi-.
The Attorney-General further pointed ## that now that t!i<* |)im»T of Im^ l'»iii.il
Sfrttcs' f'as"- I'lintalMiiiL.' the erroneous tninslat'i'-i.- of tiic Ituss'an d«K'umeiii> nax* lii'<'ii
Mitlidrawn ii" proof ri'irwined of any exercise of tii^se rijjflil of jurisdieti^Mi In Kii-vii.
The Ari^iiineMt on this question hml not eoneladed wl»eii the Tribunal ;t«1ioiini< d
(Sii^ned) CHARI.ES K. TIU'PIK.
No. 53.
Mr. Tiipper to the Enrl of lioKebery, — {liereived Miiy 2(i.)
My Lord. Parh, Mtnj '.>;i, IWK).
I MA\'K the honour to Imnsmit to your liordship copies of the oirn-ial .'Votoi uN
Xos. 15 to 18 of the proeccdin!j!i before the 13ehrin<; Sea Arbitration 'i'ribunal.
I have, <tc.
(Si^med) CHARLES II. TUlM'lil!.
Indosure 1 in No, S.'J.
Protorole No. 15.— Seance du Mardi, 2 Mai, 1893.
liK Tribunal s'est retini a 11 heures 30, tons les Arbitn-s etant presents.
Mr. .Jitiiifs C. Carter reprcnd et aeheve son argumentation sur les points de droit.
\u uioinont ou il passe a I'examon de la (juestion dcs Jie^'himeuts, Sir t'barles lliisx II
fait observer <|uo les Conseils de la (Irande-Hretaf^ne separeront absolument dans l;i
discussion les (juestions de droit de cclles (|ui concerncnt la n'ij;lementation.
/,(■ Pri'sidrnt nippelle (pie le Tribunal a decide, sans jjrejuj^er auciiee (piestioii de
droit, de laisser aux Conseils des deux parties, (pii se sont mis d'accord a ce siiji i,
iiberli; entii re d<» disposer leiirs plaidoirii's d(^ la facoii (pii leui- eoiiveiiait, tout iii
tiaifant aiitanl <|<ie possible separement les (|uestions de droit et cellc d(>s lli^'i^leineiii-.
ct prend ;iete de ce <pie les deux parties out docide de doleror ii cctte demande.
La seance est suspendue ii 1 heure 30.
A la repris(!, Mr. Carter ach("'vc sa plaidoirie.
A 3 lieiircs .3<», la .sikincc est Icvec ct Ic Tribunal s'ajourne an lendcinaii. :i
11 heures 3(t.
Ainsi fait a Paris, le 2 Mai, 1M>3, et out sii?m'> :
Le IVesidenl .. . ." . ALPII. DR COUiUMM-
I/Aficnt des i'itjits-IJnis .. JOHN. \V. FOSTKU.
L'Ai,'<Mit de la (Jran;lc-Bretagne ,. CHAHLKS II. 'I'UIM'KI!.
Le Seoretiuie .. ., ..A. IMJtKllT.
43
[English version.] '•■ ' r * : .'
Protocole No. 15.— Meeting of Tuesday, May 2, 1893.
TUli Tribunal assc^mblod nt 11"3() a.m., all the Arbitmtors being present.
Mr. James C Carter n>s»niecl and concluded his argument ou the matters relating
to iii;lit As lie was procci'dinji to deal with the ((Uestiun of Regulations, Sir Charles
Ihtssi-ll observed tliat the Counsel of (Jreat Ilritaiu would in tho discussion keep
;il)s(iliiftly separate matters relating to right, and those relating to Regulations.
Tlir l*rrs!dviit recalled tlie fact tliat the Tribunal had decided, witliout prejudging
the (picstion of right, to give to Counsel on each side, who had agreed upon this point,
lull liliurty t(» ariimge their arguments insueh manner as they thought most convenient,
l)iit always, as far as possil)k', so as to keep the questions of right distinct from tlie
Ili>L!;ulatioi)s, and added tliat the Tribunal took note that both parties had decided to
dvU'V to tbis desire.
At V'AO tbe Tribunal to(»k a recess.
( )n i-eassembling Mr. Carter finished his argument.
At ;J3() I'.M. tho Tribunal adjourned till tbe next day at 11"30 A..M.
Dene at I'aris, tlie ^nd A[av, 180.'{, and signed :
Tbe Tresiden't . . .. . . ALl'll. DV> COURCEL.
Th(! Agent for die United States .. .lOlIN W. FOSTER.
Tlie Agent for I Jreat Rri tain .. CHARLES II. TUPPER.
The Secretary A. IMBERT.
Translation ecrtilled to be ac(!umte :
(Signed) A. JUu.i.v-liLANCiiAftD
11. CUNYNOilAME,
.}c,
Co-Secretaries.
■' i
i
) ■
1/ it-
d
t ■ It ;
Inclosure 2 in No. 5;$.
Prntocoic No. W.—Seauce <lu Memedi, 3 Mai, 1893.
I.K Tribunal s'cst rc^uni a 11 lieures 30, tons les Arbitres «'rtant presents.
I.'llniiiivdlilr .Inlin M'. Fost r aiinoiui' (iii'il sera tr^s proebainemeut en mesur*^ de
laire distriliiier aiix iiwnibies dii Tribunal le ccmiple rendu stenographique, revu et
( irii'V', de rargunientatinn qii i (erininee la veille Mr. James C. Carter.
Siir i'iiivitation du l're.sidei,t, Mr. hedrrick It. Cvwlert commence alors sa plaidoirie.
I^a seance est suspendne a 1 beiire 30.
A )a reprise, Mr. Cnudtrl cDiilinne sou argumentation.
A !■ h(Mires, la seance est levee et le Tribiiniil s'ffjoijriM) an lendemain ii
11 henresHO.
Aiiis! i.iil !i I'aris, le 3, Mai, iS'.Kt, e( on( signe :
[^vlresident ALl'ir. DE COURCEL.
I/Au'ent (les Rtals-Unis lOIlN W. FOSTKIt.
L'Agent (le la (h-ande-Dretagnc! .. CIIAHLKS II. TlJl'PKR.
liC Seen-taire A. l.MHKKT.
e^iiaih a
[Englisli viTsion.)
Protocole Nn. 16. — Meeting of Wednesday, May 3, 1893.
'I'll 1] Tribunal iissemblrd at ll'SO A.M., all the Arbilralors being nresent.
The [Inniiiiraldr .lolin 11". h'o.ttrr announced that in ft vcim, sImmI ffino Ik? evpeeted
to lie able to deliver t(i tbe ineinbi rs of tbe Tribunal, a sliortbaiid report revisei' nfitl
iiirreeted, of Mr. James C. Carter's argument as coneliuhjd the previous day.
Upon the invitati(m of tbe IVesident, Mr, Frederick li. Coud<-ri then began bis
argument.
Al 1'30 the Tribunal took a n<cess.
On rea.sseinbling ii.' . Coudert continued his argument.
C'l'Ji]
f
-i
f
n
At 4 P.M. the Tribunnl adjonrnod to the next day at 11'30 A.M
Done at Paris, the ilrd May, 181)3, luid signed :
The President . . . . . .
The Atjent for the United States . .
The Agent for Great Britain
The Secretary
ALPIT. DE COURCEL.
JOHN W. FOSTER.
CIFARLES II. TUPPER.
A. IMBERT.
Translation certified to bo accurate :
(Signed) A. BAiLLY.BLANonAni), \ c„s„retarics.
U. CUNYNOHAME, J
Ineh>8urc 3 in No. 53.
Protocole No. 17.— Seance du Jeudi, i Mai, 18!)3.
LE Tribunnl s'cst rruni ii 11 heurcs 30, tons les Arbitn-s i':tant presents.
Mr. Frederick li. Coudert reprond sa plaidoirio do la veilic.
La siSancc est susputulut> a I itoure 30.
A la reprise, Mr. Coudctt contiimc son ari^unionlatiun.
A 4 heures, la seauco e.st levee et lo Tribunal s'ajourno au londoinain u
11 houres 30.
Ainsi fait h Paris, lo t Mai, 1803, et ont signu :
Lo I'resiih'iit
L'A''ont des i';tnts-Unis
L'Agont do la CJrande-Bretagnc
Le Sccivtaire
ALIMI. DE COURCEL.
.1011 N W. EOSTER.
CHARLES ir. T UPPER.
A. IMBERT.
m
«
[English vovsIdu.]
Protocole No. 17. — Meeting of Thursdny, Mmj t, 1803.
THE Tribunal assoniblod at ll'3() a.m., all llii! Arbitralors bcinir pri'sont.
Mr. Frederick Ii. Coudert vesumod his argument of tb(> prt!fcding day.
At 1*30 the Tribunal took a recess.
On reassembling Mr. Coudert continued his argument.
At <1 P.M. the Tril)unal adjourned to tbe next, tlay at ITGO a.m.
Done at Paris, the 4th May, 1803, and signed :
The President
The Agent for the United States .
The Agent for Gn>at Brit^iin
The Secretary . . . .
Translation certilied to be accurate ;
(Signed) A. BAiLLY-BLA'-cnAiin
II. CUNyNOU.VMK,
Alil'll. 1)K COURCEL.
JOHN W. FOSTKll.
CHARLES H. TUl'PER.
A. IMBERT.
'''^Co-
Secretaries.
Inclosure 1 in No. 53.
Protocole No. 18. — SeMiice du Veiidrcdi, 5 Mai, 180;5.
LE Tribunal s'est reuni h 11 heures 30, Ions les Arbitres etant presents.
Mr. Frederick Ii. Vouderi reprend son argumentation.
A 1 licuro 30 la seanee est suspendue.
A la reprise, Mr. Coudert continue sa ])laidoirie.
A 4 heures, la 8cauc<! i.'st levtk' et Ic Tribunal s'ajuurae justju'uu !Murdi, 1) Mai, ii
11 heures 80.
Ainsi fait k Paris, le fi Mai, 1803, et out siguo :
Lo President ALPH. DK OOURCEL.
L'Agent lies Ktats-Unis .. .. JOHN W. VOSrHR.
L'Ageni do la Uiande-BreUvgnc .. CHAltLi'S II. TUPPKJt.
Lc Scci/itaire A. IMBl-UT.
•45
[English vereion.]
Protocols No. IB.—yfeetiny of Friday, May 5, 1893.
TIIE Tribunal assoniblod at ll'UO a.m., all the Arbitrators being present.
3/r. Frederick R. Coudert resumed his argument.
At 1"30 the Tribunal took a rccoss.
On reassembling Afr. Coudert continued his argument
At I r.M. the Tribunal adjourned initil Tuesday, the Oth May, at li"30 A.M
Done at Paris, the M\ May, 1893, and signed :
The President
The Agent for the United States .
The Agent for Great Britain
The Seeretarv
ALPTl. DE COURCEL.
.TOIIN W. POSTER.
CHARLES 11. TUPPER.
A. IMBERT.
I'ranslation certified to be accurate :
(Signed) A. Uaii.i.v-Hi.axciiau
II. CUNVNGlIAMi:,
"■}
Co-Secrefaries.
No. 54.
Mr. Tn-'per to the Earl of Rosrbery. — {Received May 20.)
My Ia:.!. Paris, May 24, 1893.
AT the meeting' of yesterday. Sir Cliarlos Russell continued his argument ou the
jtl) (piestion of Artiele VI of tiu; Treaty.
lie eontcnded tliat lliis (juestion migiit be interpreted as referring to an cxelusivo
ri;,'lit to teke fiir-st'als in Hehring Sea, but assumed for the purpose of argument that
tlu; wider meaning att^u-hed to it l)y tiie lJniti>d St-ites was eorreet. This interpretation
is, :is your Lordship is aware, the assertion of a right of property iu the seal-lierd, and
till' si'aliM',' industry.
Sir (Jiiarlt's jjroeeeded to reply generally to Mr. Career's arguments on this head,
anil entered into the (piestions of the all"ged domestic eiia-aeter of the seals, tlie int(>r-
iiiinu;ling of tlm so-eallcd iierds, the length of their str.y on the islands, and the
pdssiliility of identitieation.
lie then '•ommcneed an examination of the propositions of la\\ put f(H'ward by
Mr. Carter in this eonneetioii, and had not eoneluded this portitm of his subject when
the Tribunal rose.
T have, &e.
(Signed) CHARLES II. TUPPER.
No. oC.
Mr. Tupper to the Earl of Rosrbery. — {Received May 20.)
-My liord, Paris, May 25, 1803.
AT the meeting of yesterday, Sir Charles Russell proceeded with his examinations
of tli(! legal propositions put forward by .Mr. Carter, and dealt witli ihe various
iiiitliorilies cited in tlie printed ArgumtMit of the United States, which, he argued,
t Ml iiely supported the British contention with regard to ti»e question of property in the
fur-seals.
lie supph*mented these authorities by citing those quoted in tiio British Counter-
t'lisi' iind Argument, and, after alluding to the French laws on the sul)jeot of proptnly
ill animals, conuludc^d his observations lor the day with an explanation of the bearings
iif natural aiul moral law on the |irinci[)l<3s of international jurisprudence.
I have, &c.
(Signed) CHARLES U. TUPPER.
hh'-
46
No. 50.
Mr. Tapper to the Earl of Rosebery — (Received May 27.)
My Lonl, Paris, May 26, 18!»;t.
AT \\\o, mooting of yesterday, Sir Charles RuRst^ll, after briefly supiilotnnitin:; his
remarks of th*< procodiiig day, pr()ct><>dod to a dotniled examinatitm of tlie prinicd
argument })y Mr. I'lielps, which appeaitt on pp. 130-171) of the Argument df tli,.
United States. Your liordsliip will remember that the subject dealt with tlicriin is
the chiini «if the; United States to an interest, an industry, and a eommereo in tlif
produce of the seni-herd and to a riglit of jtroteeting the same, irrespeetive of nm
distinct right of property in tlie seals.
Sir Cliarles had not concluded his criticism on Mr. Fhelps' argument whni tlir
Tribunal rose for th(> day.
F have, &c.
(Signed) CHARLES II. TUIM'KU
No. 57.
The Earl of Rosebery to Mr. Tnpper.
(Telegrapbie.) Forriyn Office, May 29, 1k;)3.
IN view of what has iwissed in the arguments l)eforo the Tribunal reaiM'etin;,' the
effect «»r tl»e modus rivendi of last year, I think it must bo loft entirely to your
discretion to decide, in con»>iiltation with (.'ounsel, whether any claim for ccmipensatiim
under Article V of the Treaty of the 18th April, 18t)2, shall bo pressed on l)eliall' of
llcr Majesty's Government.
No. 68.
Mr. Tapper to the Earl of Rosebery. — (Received May 31.)
My Ix)rd, Paris, May .10, ls'.»;}.
AT the meetiiiir of the Trilmnal on the 20th instiint, Sir Charles llussell eontiiiacJ
liis examination of the illustrations and cases cited by Mr. Phelps in th(^ printcil
Argument of the United States, and was dealing witli the analogies sought to lie driiw:,
from lei;isliitiiiM in Ihitish Colonies and various foreign countries in regard tn m:ii
fisheries, wlien the Tril)unal adjourned for the day.
r have, &c.
(Signed) CUAllLES II. TUi'lM;i;.
No. 50.
The Earl of Rosebery to Mr. Tripper.
(Telegmphio.) Forrhjn Offire, May 31, 1H03.
VOIJ may authorize CVmnsel to state to the Tribunal that an arrangement li:i-
been condndeil witli tlie Hnssian (loveniment for the prohibition of :ealing witliiii i
zone of 10 miles from tli(! Itussiun coasts in Hehring Sea and other jwirts of (lie Ni^itli
I'aeitle Ocean, ,"iii(i of ;iO n Mes round iiie Conunander Islands and Kohben Islaiul ; ilii»
arrnngement to lie a provisional ono for the iiresent year, and without prejudice In lli'-
rights or p<i>iit!nn of eilher I'ower. The correspondence will be laid before I'arli.iiiM'ii'
fortlnvith. it ni;iy al^o lie stated that, although no ollicial reply has hijen receiMil nii
the subjiet of the M'i/.ures made by iJussian erui/.ers last year, it is understnuil ili.ii
these are juxtitled nii the ground that the vessel wet'U seized for acts just commidxl iii
KuMilan ternturial waters.
<•
No. 60.
Foreign Office to Colonial Office.
Sir, Foreign Office, May 31, 1893.
I A^t directed by the Earl of ll«se])fcry to forward, for the information of tho
Mai'ijiiis of llipoii.H paruphi^se of n telegram* whieh has been addressed to tho British
A^fiit for the ikOiring Sea Arbitration in res^nrd to the possible claim of Her Majesty's
(iiivf'iriinent for compensation under Article V of the Treaty of Washington (»f the
istli April, 181)2.
That ArticU> ])rovi(les that if the decision of the Arbitrators should affirm the right
of Hiitisli sealers to take seals in JJehrinK Sea within tiie bounds elainu'd by tho United
Sinti's, IIhmi < iipcnsation should bo made by the Unitiul States to (ireat Dritain (for
the usi- of her Mihjects) for abstaining from the exercise of that right during the pendency
(if till' Arbitration uiM)n the basis of such a regulated and limited eateh or catches OS,
in till' opinion of the Arl»itmtoi-s, might have been taken without an undue limitation
iif tlic sral herds. Furth«>r, the amount awarded, if any, shall be such as under all the
oirciiiiistanees is just and e(|uitable.
As a jnatter of fact, howt'ver, it has been found that while the United States,
uiuli'i" the woiius vivend! of last year, were restricted to a eateh of 7,500, the pelagic
cati'li, iilthough the sealing vessels kept outside the prohibited limits, was larger than
ill pn'vious yoars. This fact has been strongly brought forward by tho United
Stall's" Counsel before the Trihunal.
If is jiot probaltle that, under siieb eireumstnnees, the Arbitrators would consider
ilial tlie Uritish seah-rs were, under any eireumstanecs, entitled to eompt>iisation for o
loss of catch (luring 1HU2, and it is possible that the British Case might bo prejudiced
liy till" claim being urged.
This view of the case was represented by Sir 11. Webster, who was in England for
two ilays oM the 2<.Hh and 30th instant, and l/tiil UoselMMy thought it was better at
imi'f to inform Mr. Tnpper that the (pu>sti(m wlusther the claim should be advanced
must lie left to his discretion in consultation with the British Counsel.
Mis Lordship has no doubt that Lord Ripon will concur in that view.
I am, &e.
(Signed) T. II. SANDERSON.
.;t
'';.!
. '.:;"!.
' ;:t
I. y
mt
Mv l/ird.
N". CI.
^fr. Tapper to the Karl of Rosebrry. — {Received June 1.)
nuns iiini nor only seal lisiieries nut also other nslieries, more especially tnose ot pearl,
iiinil, iiiitl lierriiiu', are protected by extni-territorial laws of otlier nations. He passed
<m to the eonsidenition of the St. Helena Act, and certain cases (luoled by the United
States bcariiii; on ('xlrii-t<*rriti)rial jurisdiction, and had just coneluded this portion of
lii"* .iitfiunent when the Tri'iuiia! adjourned. Sir Charles ex|)ects to iini.-di his speech
this morning.
r have, (fee.
(Signed) Cir.MtLKS If. TUPPEIl.
No. (12.
Mr. Tapper to the Earl of Rosebery. — {Received June 2.)
Myi/.rd, • . . Paris, June 1, \SOil.
AT (he meeting of yesterday. Sir Charles Russell, having concluded his examina-
tion of the various authorities cited by the United States, proe-eedtul to sum up the
vnrimis points in his argument, and to lay btd'oro tho Tribunal the tindings wiiich he
aski'd foi' ii, regtird to tin) questions of fact involved in the claim for dama^'cs put
forward in the British Case.
• No. 57.
It :.
:VdJ^!*i
Uc 8lntc(l tlmt (ircat Britain would not nsk from tlio Trilniiml any findini,' lur
dnmam's under Article 5 (»f tlie //i.</m.v i'iVr»i(/i of 18J)2, and Mr. IMielps admitted thai
the United Stnten had on tiieir side abandoned any ulaims under tliis liead.
Sir Charles then re-stated to the Tribunal the replies whieh Great Hritain eoiitiniis
should 1k! given tc fhe tive (piestions of Artieh; Vi of the Treaty, as set fiiitli;it
Ep. 20 and 015 of ii;i! Dritisb Ari^ument, and after explainini? that his arf^unieni h;,,;
eon only directed to the question of lejjal ritrht, as distinct from rei;ulations, e(iu(liiilid
bis speech with an eloquent ai)peal to the Tribunal for an award in conformity witli
the principles of law which woidd be a victory for peace.
Sir Charles, whose eomdudinL; words wert> listened to with deep interest Ijy ;,
large audience, was thanked by the President for the vigour and incisiveuess (iT lii,
argument.
Sir Kichard AVebster then oikmiwI his sneeeb, and addressed himself t
examination of the tirst four questions of Articu^ VI of the Treaty, which he had m\
sneeel
ich^ V
III !in
concluded Mben the Tribimal adjourned.
I have, i^c.
(Signed) CIIARI.ES II. TUPl'i:i{.
No. (J3.
Afr. Tiipprr to the Earl of Rosehcry. — {lieceived June II.)
My Lord,
AT the nieeti
Paris, June 2, lHi);j.
njf of yesterday. Sir Richard Webster continued his argument with
regard to the llrst four questions under Article VI of tho Treaty, and discussed tin'
interpretation of the exju'cssions "North-west Coast of America" and " I'acillc (Jcran,'
as illustrating the Tivalies of ]82i and 1826 between Russia and the United States
and Russia and Great Britain respectively.
Sir Richard lad subsitantially concluded this part of his argument whci
Tribunal adjourned for tho day.
T have, &c.
(Signed) CHARLES II. TTT1M;I!
the
No. Gi.
Mr. Tapper to the Karl of lioselmy. — {lieeeived June 5.)
My I^)rd. Paris, June 3, lS',i;t.
WITH reference to my despatch of the 18th Ajjril, I have the honoiii' t'
transmit to your Lordship copies of further correspondence which I have had witi.
General i'oster respecting the shorthand notes of the proceeilings before the Tiil)iii!!i!
of Arbitration.
I have, &c.
(Signed) CHARLES U. TUri'i:!!.
Inclosurc 1 in No. Gt.
Mr. Tupper to Mr. Foster.
Dear Mr. Fo.ster, I'aris, May \(i, li^W.
HAVING reference to your recent request for copies of the daily report cil Sir
Charles Russell's argument, as well as of tho revised ])roof of it, when ready, it (mcihv
to mc that the experience gained by us both since the date of our corrcspoiuhMuv mi
the subject of the shorthand notes, may enalile us to resume the ariflng(>ment oriuinallv
contemplated, whereby the expense of tho work m'ouUI fall eaually upon the rnitd
States and Great Britain. If this is possible, I shall of course be happy to supplv mui
with complete copies of all the shorthand notes, and will see that they are regularly
supplied in future.
I laid upon your desk to-dav three copies of tho printed Report of Mr. EIIii)tt.
Mr. Stanley-Brown has also asked for and received a copy, and Mr. AVilliams, oiu' of
the Counsel for tho United States, has expressed a desire for further copies.
I take it that the printing in the case of Mr. Elliott's Report may be fairly
40
consiilert'd n joint eliarge, and if you ngrcc I slmll l)c glad to su|)|)ly you with copies
cquni ill number to tlicme rccoivt'd by us.
Vou Wire j;(U)d cnougli to supply us with copies of Mr. Cnrti'r's argument as
n.'viM-(l by him.
Of course, if we reeiu- to the slinrthanding ns a Joint ehari,'!', we shiill be iiappy to
bear iuilf of the expense of the talvint,' and printing of Mr. Cavtrr'«i nruunicnt.
If, however, you ilo not feel inciim-d to brar half of thf eii«il of fhf printing with
us, 1 «ill send \ou copies of tlie Ucjiort of Sir CliaHi's Russril's ar|,Minient when
revised.
Yours, &v.
(Siirmd) C1IA1!M:s II. TllTEll.
Indosure 2 in No. <54.
Mr, Foster to Mr. Tupprr.
Pear Mr. Tupper, Purls, .V/./ 17. IHJCl.
ACKNOWLKDOINCJ the receipt of your Uator of the Kttli instant, I beg to
remind you that you have mi.sap])rehended the purport of my cunvcrsiition to which
vttu refer. Its object was to ascertain what further number of copies of Mr. Carter's
argument you desired, and 1 incidentally in(|uired whether you would deliver to us
Sir Charles Russell's argument by nu>ans of the daily reports or in the revised form.
I expressly disavowed making any recpiest on the subject.
I regret to have to say, in response to your suggestion, that the events since our
last corrcsponcU'iuH! on the subject have not lead to any change of view on the part of
the Representatives of the United States as to the practicability of the daily shorthand
reports. Our Counsel reganl them in the Dianner reproduced in the morning after
each session, so fur ns they are cocccrued, as entirely uusittisfactory, and as not
serving any useful purpose.
1 um sorry not to bo able to concur in your propositiim resjK-eling the printing and
distribution of the Elliott Report. The United States does not propose to nuike it
evidence in its behalf. It has been printed by the British Government without tho
knowledge or approval of the Representatives of the United States. If it is intro-
duced as evidence by the Uritish Uovernnicnt, and thereby made a part of its Case,
it wonld scorn to be a fair claim on the part of the United States to be supplied with
the same number of copies of it as have been heretofore furnished of the other printed
documentary evidence accompanying the C'a8«3 and Counter-Case of CJreat Britain.
I hold mys(!lf ready to furnii ii you with such additional number of copies of
^Ir. Carter's argument as you may desire.
I am, &c.
(Signed) JOHN W. FOSTER.
No. Cm.
Mr. Tiippi'r Id the Eitri of Ruscbvnj. — {Itcivivvd .lane Tt.J
My liord, PnrLi, .Imip :\, IsDH.
1 HAVE the honour to inclose, for your Lordship's infornialion, copies of a letter
wiiieli, with till- ap[)roval of Counsel, I addressed to Mr. roster, and of bis reply
with regard to the t[Uestion of the ownership of sealing vessels engaged in the
liehring Seu lishery
1 have, &tc.
(Signed) CHAltM;S Jl. Tl'lTER.
Indosure 1 in No. (55.
Mr. Tuppi^r to Mr, Foster.
Dear Mr. Foster, Pari-i, May 20, 1 803.
DEFERRING to the suggestion advanced on p. 130 of the United States' Counter-
Case that some (tf the vessels for the seizure of >vhich damages arc claimed by
Her Majesty's Government, were owned by citizens of the United States, and to the
promise made to the Tribunal by the Attorney. General on the 11th May, that, if
[m] \i
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iKMiftiliU', til*! Arltitrittora iiliuuld not l)c' tr<»ublf<l witli tlio coimiilunitiuii of thv <«iilijivt
1 HOW writr to iiu|uin' wlH'tlwr wo t-nn a^^t•l• ii|M)ii the I'notn in (liit|iiit«< in onU-r tim!
tlio Atlurnfy-Cii'iu'iid'H MU^fftmliun hIiouIiI Im' nindf I'lVirtivr.
As rt'i^iinls Mr. I' ranks, I linvc not ns yt't t'oniiilftf fviiU-ncr.
,\m w^nnU Mr. liostjowita, tliiM i<«Mitlnuun df'nii'M tliiit lie is tin- ownt-r of tl,.
vohscls, and I'urthor dt'uiuK that he iiiun Aiuurictin riti/.cn. And as at |in>sfnt udviytl
1 shall hav«! to (u<k tin* Trihnnul ho to Indd, nnh'ss of coui-m* it '\s possihU', ai 1 ho|ii> n
may In*, Tor nu; to conut to an arrangtMucnt witii you u|i<in tliis mutter.
Yonr suj;K«'stioii Immiii,' llrt*! made in ^.onr C'ounttr-t'aM', it was not ixtiukjhir t<
|n'oduf<- in Court evidfiu'i- on tli»« |M>iiit in tin* irdintir,\ w. y, hut Mr. Uosciiwitz ha|i|M h.
at tin> pri-scnt moment to he in I'aris, and I wouhl sui;i;i'st that a tan- way if elii-iiin;
the :ieliial faets Hoidd Ih', t4uit we shonlil examine, and lliat y»iu should eross-e.xanuiu.
Mr Moseowity. in the |»re>euee of a shorthand wiitir. His rvidenee miulil tlnii li
laid hel'ore the Arhitrators as material for a doeiition if this should he thou^ht neees>:ii\
hy either side
I nni, iV;e.
(SiKued) CnAlll.KK 11. nd'i'Klt.
Inrhwuiv 2 in No. ((■*>.
.\/r. Fitter to Jtf». Tupttei.
IH-ar Mr. Tui.per. Pari*, May 27, \HW.\
I II.VVK the honour to nokn<»wled!;e the nreipt of your eoiumuniention <it ll»
2(>th instant, in wliieli von inl'nrm me that n Mr. Hoseowit/ " happens at th(> nn'M'iit
moment to Im' in I'aris, ' and, in view of ecrtain proofs ad Ineed in liehalf of the Uiiiti-^
Htates re«i|teetini; him, you sn^i^'st that he Is* examined and eroHs-examined hen* fur
the pm-pose of snhmittint( his ('videneu to the Arhitrators as material tor a deeisionmi
their part.
.Vn e.xaminntion of the Ti-enty undi>r whieh the pendint; .Vrhitration is eonstitnli'4
must satisfy you that I have no power or authority t<t aei-eih! to jour re(|uest. Tin
luanner in wjiiuh evidenee. is to he suhniitt«sl to the Arlr.lratoin is pre<M«.ely 11 veil In
the terms of the Treaty, and ':to opportunity or method for suoli sulimission is tlienin
al1onl"d to eitlior partv exeeiit through its i-oHiH'etive Caso and Counter-CaM'.
lteHi(h-s, it would liardiy seem reasonahle to allow one party, after tlu> Cmm'
Count«-r-CaHe, and printnl Argument had heen wuhmitted and while tin* oral arKunu'iit
w.is in proixrt'KH and near its elos<>, to vxninine an important M'itne8.s on itN lM*half, wlicii
the witnt'sses of the other party, wh )H<> testimony mii^lit he mati*rial to refute hin
statenu'iits, were (l,(HM) miles away, and who eould not he reaehod in timt; to Huiimii
their testimony to the Tribunal.
Ileferrini; to your inquiry as to w lu'fher we ean agree upon the fnets in dispute in
.)rder that the suggestion of Nir Charles Ilussell might hi< made* etfuctivu, 1 Imvi
pleasure in saun;.; that I am pre|Mired to coneur with you in any statement of l':u'N
|iri»|Hr to he considered hy the 'I'rih
liefore that Modv.
ihunal and warntnleil hy the (;videnei; now legit iuiatiK
In closing I heg to mmind yon that the sugger'tion ". . . , that Honw> of tlir
vesseU for the st'i/ure of whieh thnnaifeH were elainied hy Her .Majesty's (iov(>iniii('iit
were owned hy citizens of the United States," wan not for thu tli"st tinn- advaiunl
hy the United Ktates in the Counter-('ttM>, as will Is* swn hy reference to the Cast' nl
the United States, Appendix, vol II, p. j^U3.
1 am, &r.
(Sigm'd) .lOllN \V. F<).STi:il.
No. m.
Mr. Tuiipn to (hi- l\iirl af Ronrhnii. — (Ufcrirrd Junt 7t,\
My Loitl, l>,iii.s,Ju,ir :t, ivii.i
I ll.WK the honour to transmit to your Lordship copies uf the olUcial I'rol mm
No-s. l!) to 2i'l of the proceedings before the Hehriui; Sea .\rhilration Triliiinai.
1 have, t&c.
(Signed) CilAHLliS II IllM'Ml.
«
IncloMirc 1 ill No. (M(.
Prolorole So. \\).— S/nnce ,lu Mimli, fT ,W*i, 1803.
LK Trihmial sVttt n'liiii i* 11 Im>iipo<» .10, touM Irn Arhitnii <<tnnt pn^scntii.
Mr. Frfilfirk R. Couderl n'pronil hou nricuinontation.
A 1 iHMirc MO III H«'>niUM> i«Mt MiiH])pnilu(>.
A 1ft n'|ir.M', Sti. Coutleri arh^vo mi |)lni<loirio.
L'llonoriihir Ktliiiird J Phflpii w \i>\v pour nnnonpcr nu Tribiinnl, nvniit quo !••>
('()iiN«'ilN(li' In (imn(l<>-Mri>tjii;ni> coiiiiikmici'iiI l('llrau^llllu>ntntion,<|lM', (liuiHHn n'>pli<|ui>, i*
<.'n|)|)uii>m Hiir toiitoM |i>h dtntioiiR i>t ]m>po)(itionH contiOMiict (Inim l'Ari;unu>iit (1<>h
KtiilM-lniH, (U> la piit;i- \'M\ a la |mK(> 104).
l.e Pre'$'nlfHl iloiiiii' ncto i\ rilonomhlo I'^dwnnl J Phpl|>N <lc r<>ttu df^lnrntion.
A 4 liuiin'R la <M>aiiC' est li'v^«' vl lo Tribunal H'ajoiirnu nu l<>n(l«.'mnlii i^
1 1 iH'urei* 'M).
AinHi init n I'niis, li> Mni, IHO.'), ct out wiifm; :
h- l'r.Hiaoiit .. ALl'll. DE COUUCKL.
l,'Ai;»Mit (l.'H Ktftts.liiiH T()IL\ W. FOSTKR.
I.Ai;.iit ililadniiul.'.HntamM' .. CHAHLKS H. TIIITEU.
!>(> MtH-rvUiiru A. IMHEUT.
[Kiiglifh Vuminn.j
Piotorol \o. \0.~Meffin(j of Tumday, May 0, IKOa.
THE Tnltiiiial aNM^mhled n\ 11 SO a.m., nil the ArhitmtorH Immhi.; prononh
Mr. Frrihrirk II. Comlrri ii'Munutl Ihk nr^uincnt.
.\t I'.'IO tlu- Triltuiml took a nrcsfi.
On rni'twinldinf,', .\/r. Vnuilrrt ntnclutlitl IiIh nr^umnnt.
'Vhr Ihnnurtihlr Kiliritnl ./. I'helpn roM« to inform tlio Trihiinnl, iM'fon* tlio Coui\wl
(il (irtiil Hritain conimi-nrt'd llit'ir nri^unK'nt, tlint in Idn rrply lit> would ndy upmi all
the .'lutlioriticH and i)ointM rofcrrcd to hotwcon pagcH l<iU and I'JO of tlii> priiitcd
Arijiiinrnt ot tlu* I'niffd .Stat<'M.
Tlir I'n'niilent miid that thf Tribunal would tnko note of tlio llonoumblit Edward .1.
I'hi'lps' declaration.
.\t 1 P..M. till" Tribunal adjourned to tbc next day ftt ll'HO a.m.
Done at Paris, tlie Otb Mav, 1HU:{, and signed :
The I'reHid.Mll AM'II. DE COUIICEL
The A«ent for tbe Initnl States . . .lOlIN \V. FOSTEIl.
Tlie AKent for (Jroat BriUiin .. CIIAKEES II. TIJ ITEll.
Tlie Seen'larv A. IMHEUT.
Tmnslalion eertilled to In> neourntc:
(Signed) X. Haii.i.y-Hi.a.vciiaui)
II. CVNVNailAMK,
•|co.S
Sfrrclariet,
IncloMuro 2 in No. (U).
Pro/orn/i» \n. '!0. Sf'nnce du Mrrrrrdi, 10 Mni, 189.1.
I
\,\\ Tril)iuial nVut n'miii n W buures .'10, tons le» .Vrbilreii riant presenti*.
l.'A!,'enl des l-Itals-lr f i i dislril urr aiix nieiiibres ilu Tribunal le eonipt" r<Mulu
'>ieniiirniplii((ue, revu et 'Mrrij{e, dt* rarginnetitulion tie Mr. Jamen t'. Varter,
Sur I'invitation du i'l-uHident, Sir Charla tiu»trll eomnuMico mi plaidoirie |)uur la
<Jr!iiide-I{retaf:ni!.
l.a seanee est nu>p ndue a 1 lii'ure .10,
A la repriHe, .S'l-- iVirti/f* niinKfll eonliniu< son argumentation.
[0)l) 11 2
"• f :':.
IMAGE EVALUATION
TEST TARGET (MT-S)
/.
mp,
1.0
I.I
11.25
1^ 12.2
Hi uk
U il.6
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Hiotograprdc
Sciences
Corporation
73 WEST MAIN STREET
WEBSTER, N.Y, 14580
(716) 872-4903
4^^ #? ^ /^/
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6^
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'11
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:
52-
A 4 hcuro.s, la seance est Icvde et le Tribunal s'ajourne au lendemain a
11 heures 30.
Ainsi iait a Paris, lo 10 Mai, 1893, ct ont signe :
Le President . .
L'A<?ont dcs fttats-Unis. .
L'Agent dn la Grandc-Brotagne
Le Secretaire . .
ALPII. rr. COURCEL.
JOHN AV. FOSTER.
CIIAHLJ.S H. TUPPER.
A. IMRERT.
[English version.]
Protocol No. 20.— Meeting of Wednesday, May 10, 1893.
THE Tribunal assembled at 1130 a.m., all the Arbitrators being present.
The Agent of the United States caused to be delivered to the members of
the Tribunal a shortiiand report, revised and corrected, of Mr. James C. Cartvrs
argument.
Upon the invitation of the President, Sir Charles Russell began his argument for
Great Britain.
At 1"30 the Tribunal took a recess.
On reassembling, Sir Charles Russell continued his argument.
At 4 P.M., the Tribunal adjourned to the next day at 11*30 a.m.
Done at Paris, the 10th May, 1893, and signed :
Tile President . . . . . . ALPH. DE COURCEL.
The Agent for the United States . . JOHN W. FOSTER.
The Agent for Great Britain
The Secretary . .
Translation certified to be accurate
(Signed) A. BAiLLT-BLANcnARD,
H. CUNYNOHAME,
CHARLES H. TUPPER.
A. IMBERT.
•}
Co- Secretaries.
Inclosure 3 in No. 66.
Protocole No. 21. — Seance du Jeudi, 11 Mat, 1893.
LE Tribunal s'est r^uni h 11 heures 30, tons les Arbitres I'jtant presents.
Sir Charles Russell reprond son argumentation et annonce qu'il preseutera, h uno
date ulteripure, an nom du Gouvernement de la Grande-Bretagne, une liste des questions
de fait sur Icsqnellos il dcinando au Tribunal dc se prononcer, en execution de
1' Article VIII du Trait.' d' Arl.it ra-e.
Le Pre'sidcnt fait ronidrqiicr qu(> lo Ti'lhiinril rc'-scrvo son appreciation de (m's
questions, tout en laissant a Sir Cliarles Russell ploine liberte de traitor le sujet do U
mani^re qui lui conviendra.
La seanc'o est su>«pendue i\ 1 heure 30.
A la reprise. Sir Charles Russell continue sa plaidoiric.
A 4 heures la stance est lev6e et le Tribimal s'ajourne au lendemain h 11 heures 30.
Ainsi fait a Paris, le 11 Mai, 1893, ot ont sign6 :
Le Pr&ident ALPH. DE COURCEL.
L'A gent des fitats-Unis .. .. JOHN W. FOSTER.
L'Agont de la Grande-Bretagne . . CHARLES H. TUPPER.
LeSecr^aire A. IMBERT.
W.^'
[English version.]
Protocol No. 21.— Meeting of Thursday, May 11, 1893.
THE Tribunal assembled at 11*30 a.m., all the Arbitrators being present.
Sir Charles Russell, in continuing his argument, announced that on a future day
he would submit on the part of Great Britain a list of the findings of facts, which the
Tribunal was requested to make under Article VIII of the Treaty of Arbitration.
53
The President remarked that thcso questions would be considered hy the Tribunal
with full liberty for Sir Charles Ilussoll t(^ deal with the matter as he thought proper.
At 1*30 the Tribunal took a recess.
On reassembling Sir Chailes Russell continued bis argument.
The Tribunal adjourned at 4 p.m. till 11-30 the next day.
Done at Paris, the lltb May, ISO.*?, and signed :
Iho President
The Agent for the United States .
The Agent for Great Britain
Tlie Secretary
ALPIf. 1)E COURCEL.
JOHN W. FOSTER.
CIIARLES n. TUPPER.
A. IMBERT.
Translation certi fiord to be accurate :
(Signed) A. B.\illy-Ri.anchaud,
11. CUNYNGUAMi;,
' jco-ii-
ecreUtnes,
■..!■
rgument for
Inclosure 4 in No. GO.
Protocole No, 22.Seance du Vendredi, 12 Mai, 1893.
LE Tribunal s'est reuni k 11 heures 30, tous les Arbitres etant presents.
Sir Charles Russell reprend sa plaidoirie.
La stance est suspendue h, 1 heure 30.
A la reprise Sir Charles Russell continue son argunoentation.
A 4 heures la seance est levee et le Tribunal s'ajourne jusqu'au Mardi, 16 Mai,
a 11 heures 30.
Ainsi fait k Paris, le 12 Mai, 1893, et ont signe :
Le President ALPH. DE COURCEL.
L'Agent des Etats-Unis . . . . JOHN W. FOSTER.
L' Agent de la Grande-Bretagne . . CHARLES H. TUPPER.
Le Secretaire A. IMBERT.
1 heures 30.
[EngUsh version.]
Protocol No. 22.— Meeting of Friday, May 12, 1803.
THE Tribunal assembled at 11-30 a.m., all the Arbitrators being present.
Sir Charles Russell resumed his argument.
At 1-30 the Tribunal took a recess.
On reassembling, *')/• Clmrles litisscV contumcHl his argument.
At 4 P.M. the Tribunal adjoiinu'd until Tuesday, the Itith M:iy, at 11-30 A.M
Doue at Paris, tlie 12th ilav, 1893, and signed :
The President
The Agent for the United States .
Tlie Agent for Groat Britain
The Secretary
ALPH. HE COURCEL.
JOHN W. FOSTER.
CHARLES IL TUPPER.
A. IMBERT.
Translation certified to be accurate :
(Signed) A. BAiLLY-BLANcnAuii
H. CUNYNGUAME,
•}
Co'Secretaries.
Inclosure 5 in No. 66.
Proctocole No. 23.—S<fance du Mardi, 16 Mai, 1893.
LE Tribunal s'est rduni k 11 heures 30, tous les Arbitres ^tant presents.
Sir Charles Russell reprend sa plaidoirie.
La stance est suspendue k I heure 80.
A la reprise, Sir Charles Russell continue son argumentation.
■ r
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-o4
A 4 henreR la s^nce est levee -et le Tribunal s'ajoume an lendemain
11 lieures 30.
Ainsi fait k Paris, le 16 Mai, 1S93, et ont sign<5 :
Lo President ALPH. DE COURCEL.
L' Agent des fitats-Unis . . . . JOHN W. FOSTER.
L'Aj?cnt de la Gmnde-Bretagne . . CHARLES H. TUPPER.
Le Secretaire A. IMBERT.
[English version.]
Protocol Xo. 2^.—\letting of Tuesday, May 16, 1893.
1'HE Tribunal assembled at 11 30 a.m., all the Arbitrators being present,
Sir Charles Russell resnmed his argument.
At l"3n the Tribunal took a reeess.
On reassembling. Sir Charles Mussell continued his argument.
At !• P.M. the Tribunal adjourned till ll'BO a.m. the next day.
Done iit Paris, the 16th M ay, 1893, and signed :
The President
The Agent for the United States .
The Agent for Great Britain
The Secretary
Translation certified to be accurate :
(Signed) A. Baillt-Blancha rd,
H. Cuntkghame,
ALPH. DE COURCEL.
JOHN "VV. FOSTER.
CHARLES H. TUPPER.
A. IMBERT.
•}
Co-Secretaries.
No. 67.
Mr. Tapper to the Earl of Rosebery. — {Received .Tune 8.)
My Lord, Paris, June 6, 1893.
AT the meeting of the Tribunal hold on the 2nd instant, Sir R. Webster, alti'i-
referring to the question of the limits of territorial waters, went on to show how little
value h.nd been attached to the fur-seal fisheries at the time of the purchase of Alaska
by the United States.
Ue was proceeding with the discussion of the 6th question of Article VI of the
Treaty, when Mr. Justice Harlan stated that, before this portion of the argument was
commenced, he would be glad to see tlie draft "Projet" which Mr. Geo-ge Cannin;,'
inclosed in his letter to Mr. Stratford Canning of the 8th December, 1824. This
document, as your Lordship will remember, was not included among the correspondence
printed in Volume II of the Appendix to the British Case, for the reason that no
trace of it could be discovered, and a statement to this effect was made to the
Tribunal by Sir R. Webster.
Sir Richard then reviewed at some length the various contentions by which the
Government of the United States have endeavoured to establish their claim to
property or a property interest in the fur-seals frequenting the Pribyloff Islands.
He had not concluded his remarks on this subject when the Tribunal adjourned
until this morning.
I have, &c.
(Signed) CHARLES H. TUPPER.
No. 68.
Mr. Tupper to the Earl of Rosebery. — (Received June 8.)
My Lord, Paris, June 7, 1893.
AT yesterday's meeting of the Tribunal, M. Gram opened the sitting with iv
statement as to the special rules concerning territorial waters which were necessitated
by the natural conditions of Sweden and Norway.
55
He explained that tlie fiords of those countries had l)een from time immemorial
considered as " inner waters," and that this principle had heen always maintained even
;is a!,'ainst foreign subjects. The 3-mile limit had never heen recognized by either
country, nor had they concluded or acceded to any Treaty consecrating that rule.
At the conclusion of M. Gram's remarks the President, while begging both
|i;irtics to bear in mind the explanation they had just hc^rd, wished to state very
distinctly that the question of the definition of territorial waters was not before the
Tribunal.
Sir Richard Webster then continued his argument on the question of property in
the seals and the sealing industry, and criticized in detail the positions maintained by
the United States' Counsel.
In tiie course of some observations directed to prove the intermingling of the
siids in Behring Sea, Sir Richard read a passage j'romthe Supplementary llepcrt of the
Hritish Commissioners. This drew forth a protest from Mr. Phelps as to the use whicli
was being made of the document quoted, and after some discussion (reported on
]ip. 136ti-71 of the shorthand notes), it was arranged that the matter should be
referred to at a later itage, when the question of Regulations was argued.
I beg to call your Lordship's special attention to a statement made by Mr. Phelps
(as rei»orted at p. 14t2 of the notes) in the course of a discussion in regard to Prize
Courts initiated by Senator Morgan. Mr. Phelps' words were as follows : —
" I conceive that no question whatever in regard to tlie validity of the seizures,
and no question whatever in rcspc'ct of the right of the United States to seize any
vessel hereafter, is submitted under this Treaty to the Tribunal so far as I am
c'()ncerne<l."
If this statement accurately represents the position of the United States, it is
difficult to understand how it can be reconciled with the circumstances which led to
this Arbitration.
Sir Ricl»ard Webst«r had not concluded his argument at the close of the day's
proceedings.
I have, &c.
(Signed) CHARLES H. TUPPER.
i
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No. 09.
Mr. Tupper to the Earl of Rosehery. — (^Received June 9.)
.My Lord, Pnrin, June 8, l89;i.
AT the meeting of the Tribunal yesterday, Sir Richard Webster continued his
argument, and commenced ))y referring to the remark made by Mr. Phelps, to which
1 ciilled your Lordship's attention "n my immediately jweceding despatch, asserting
tliiit no question in respect to the validity of British vessels was submitted to the
Ti'il)unal.
After showing that the attitude thus assumed by ifr. Phelps was inconsistent with
tliL- suggestions made in the Case and Counter-Case of tiie United States respecting
♦lie proposed findings of the Tribunal, Sir Richard passed on to his main argument,
wliich he shortly afterwards concluded with some telling references to the rights of all
nations to participate in ocean fisheries.
On the conclusion of his speech, Sir Richard Webster was complimented by the
I'risident on the substantial and useful observations with which he had supplemented
tlie argument of the Attorney-Geueml. Baron de Courcel added an expivssion of hi*
admiration for the manner in which the Attorney-General of yesterday and to-day bad
worked together, and remarked on tlie enviable condition of a country when- party
spirit admitted of such brotherly association when the national inter' st was at stake.
Mr. Robinson followed Sir Richard Webster. He dealt generally with the various
questions of right which are at issue, and, after referring to the interpretaiio to be
placed upon the terms " Pacific Ocean " and " North-West Coast," touched on tlu; alleged
domestic nature of the seals, and the claims founded by the United Stales on this con
tention. He concluded the proceedings for the day with an able and humorous
criticism on the assumption by the United States of the position of Trustees of the
industry.
Mr. Robineon expects to conclude his speech to-day.
I have, &c.
(Signed) CHARLES H. TUPPER.
r- !
* ^.i ''
n
11
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53
No. 70.
Mr. Tapper to the Earl of Kosebery. — {Received June 10.)
My Lord, Paris, June 9, 1S9.'J.
-VT tlio mei'tiiii; of yesterday, llr. Robinson eoiitiiuied his argument on tlic
property claim allei.'fil liy tiie Uniti'd States, and wliilt^ eor.tendini; that tlie enieltv nf
the methods had no hearing? on the question ol" rii^lit, lie hrieily diseussed the eliaiijis
of this nature preferred a<;ainst pela<;ie sealers, lie (pioted from the Report cif
Mr. Palmer, to show that whatever harbarity theie niii,'ii1 ho in the methods of killini;
seals at sea, the manner iu whieli the seals Avere driven and killed upon the islands
was more harharous than pelagie sealing.
At the close of Mr. Robinson's argument, Mr. Foster laid before the Tribunal
a statement of the regulations which tlie Government of the United States submitted
were uecessjiry iu the event of the questions described in Article VI of the Treaty
being decided in such a manner that the concurrence of Great Britain should h'c
necessary to the establishment of such regulations.
This statement appears at pp. 1170 and 1177 of the shorthand notes, and, as your
Lordship will observe, it amounts to a det.iand by the United States for the total
suppression of pelagie sealing in the North I'acific Ocean.
In the afternoon, the Attorney. General addressed the Tribunal on the princij)les
which, in his opinion, should be borne in mind by the Tribunal when approaching the
question of regulations.
He first dealt with the area over which the jurisdiction of the Tribunal extended,
P: cm the general language of the Treaty, he argued, that while it might be said that
their jurisdiction extended to all the resorts of the fur-seal outside the territorial
limits of either Power, from the diplomatic correspondence previous to the Treaty of
Arbitration, it clearly appeared that all that was in the mind of the framers of that
Treaty as the area in dispute was the eastern portion of Behring Sea.
Sir Charles Russell next proceeded to show that pelagie sealing had, at the worst,
played but a secondary part in the diminution of the seal herd, and he was discussing
this question when the IVibunal adjourned.
I have, &c.
(Signed) CHARLES H. TUPPER.
No. 71.
III
Mr. Tupper to the Earl of Rosebery. — (Received June 14.)
My Lord, Paris, June 13. 1893.
AT the meeting of the 9th instant, Sir Charles Russell continued his argument to
show that the decrease of the seals upon the Pribyloff Islands could not have been
altogether duo to pelagic sealing, but Avas mainly attributable to the methods
employed on the breeding islands.
Sir Charles Russell then discussed the relative value of the sealing industries at
sea and on the islands, the common interest in sealing, and the other considerations to
which he claimed attention should be given in framing Regulations for the pro[ii'r
protection and preservation of the fur-seal.
The Attorney-General deferred to the next meeting of *ho Tribunal a consideration
of the actual Regulations pi-oposed by the Governments of Great Britain and the
United States respectively.
I have, &c.
(Signed) CHARLES II. TUPPER.
i
57
No. 7-'.
Mr. Tiippcr to lite Eorl of Uosehenj. — (Rvccivcd June ID.)
My Lord, Paris, June 14, 1S!)3.
AT yesterday's nicctinfr, the Atlonioy-Gencral oontiuucd his aru:umciit on the
(|iu<stion of IJegnlatioiis. lie critieized in strons? terms the proposal put I'orwavd
])\- the United States, as reported on p. UlC) of t]\e sliortliand notes, for a total
suppression of pelagic sealing from Behrini? Strait down lo tlie ;55th parallel of
iiortli latitude, cast of the ]80th meridian, lie characterized this proi)o.sal as
iavolvini? a wider, more reekl(>ss, and'more unfounded assertion of jurisdiction than the
Kiissian claims under the Ukases of 170!) and 1821.
He then e.X])lained the nature of the Ileguhitions su!j;gested hy Great Britain,
wliieh are founded upon those put forward in the Eeportoi the British Commissioners.
Sir Charles proceeded to refer to the recent agreement with I'ussia Un- a modus
rimnii in regard to the seal llsheries. Il(> asserted that on the part of I'ussia there,
li.id been no claim to property in the seals or the sealing industry, that a zone of 30
mill's was considered sufTicieut for the protection of female seals, and that no seizures
wore asserted to bo lawful but those of vessels whose boats hud been llsbing iu
territorial waters.
Some discussion arose as to tlu; propriety of the reference to this sul)ject, in regard
toAvhich I beg to call your Lor<lship"s attention to pp. 1506-1570 and 1571-15S5 of
the shorthand notes.
The Attorney-General concluded his s])ccch just before the midday adjournment,
and was followed by Sir II. "Webster when the Tribunal reassembled. Having referred
to the question of the agreement witli llussia. Sir Ilichard passed on to a consideration
of the area over which the Ilegulatious should extend, maintaining that it should be
coullned to Bohring Sea.
Ho had just explained the arrangement lie intended to follow iu his detailed
argument ou seal life when the hour of adjournment arrived.
I have, &c.
(Signed)
CIIABLES n. TUPPEU.
No. 73.
Mr. Tuppcr to the Earl of Rosebenj.— iliereircd June 16.)
My Lord, Paris, June 15, 1893.
AT yesterday's meeting of tho Tribunal, Sir Richard Webster proceeded with his
examination of the e\.''leiiee on the various points enumerated by him at the close
of his speech on the ])revious day, with the object of justifying tl'.o Regulations
proposed by Great Britain.
In the course of iiis argument Sir Richard alluded to 'Slv. Elliott's Report, and was
proceeding to read an extract from an odfcial United States' publication, to show the
contldence reposed in him at the time of his selection as United States' Agent in 1890,
when the Counsel for the United States objected.
It was sul)sequently arranged between Counsel that no criticisms on IVIr. Elliott
should be made by either side other than could bo gathered from tho face of the Report
itself.
Your Lordship will find an account of this incident tit pp. 1622-24 of tlie short-
hand notes.
Sir Richard "Webster will continue his argument to-morrow.
I have, &c.
(Signed) CHARLES H. TUBPER.
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[G91J
58
No. 7'i.
Mr. Tupper to the Earl of Rosebery. — {Received June 17.)
jry Lord, Paris, June 10, ] R93.
AT the meeting of the Ti-ibunal yesterday, Sir Ricliard Webster continued hU
argument in support of the Regulations suggested l)y Great Britain, and examined in
detail the cvidtnce on both sides regarding various points connected with seal life.
Sir lUcharo expects to conclude his speech at the meeting of to-day.
I have, &c.
(Signed) CHARLES H. TUPPER.
No. 73.
Mr. Tupper to the Earl of Rosebery. — {Received June 10.)
My Lord, Paris, June 10, ]Sf).^.
AT the bottom of p. 3J..3 of tlie Case presented on behalf of the United States,
a quotation is made from a Report of Mr. Gofl, wlio Avas TrcasuiT Agent on tlic
Pribylofif Islands in 1889.
The document from wliieh this extract is taken is not included among the evidoncp
presented by the United States, nor does it appear in the Report of Mr. Goff, Avliidi
Mas produced by the Agent for the United States in compliance with the uotiec
addressed to him by mo on the 3rd October, 1892.
The Report of Mr. Goff produced refers to one of a ]Mr. Manchester, Desiring,
if possible, to have all ofTicial Reports touching seal life before the Tribunal, I made a
verbal request to tlio Agent for the United States for a copy of the documents in
question.
A copy of the communication which I have received from Mr. Foster in reply
is inclosed herewith, for your Lordship's information. It appears from this letter tliat
!Mr. Foster has no copy of the Reports in his possession in Paris, but that liad tliis
been the case, ho was of opinion that, imdcr the terms of the Treaty, he Mas not bound
to comply with my request.
I do not think it Avill be deemed necessary for Counsel to call the attention of \ho
Tribunal to this incident, but I may observe to your Lordship that tlie course adopted
by the Agent for the United States does not indicate a desire on his part to lay liet'oiv
the Tribunal all the information respecting seal life which is in the jjossessiou of tlie
United States' Government.
I have, »S:c.
(Signed) CHARLES H. TUPPER.
Inclosure in No. 75.
Mr, Foster to Mr. Tupper.
Dear Mr. Tupper, Agency of the United States, Paris, June 15, ISOH.
REFERRING to your verbal request for copies of the Reports of Agents
Manchester and Gotf, I have to state tiiat upon examination I find that m'c li.ive
already furnished you M-ith the GotF Report cited in our Case (p. 153). The seeimd
reference in the Report of the United States' Commissioners (p. 3i3) appears to l)e
another Report than the one furnished you.
In a search through tlie publisli(>d Reports of the United States' Treasury Depart-
ment in my possession, neither the Manchester nor second Golf Reports are found, it
Mould therefore be necessary to apply to the Secretary of the Treasury for co]iie5,
should it be decided to accede to your request.
But, in consultation with the Counsel for my Government, it is not d(>(>med ju'opcv
by them that the terms of the Treaty as to evidence should bo departed from at tliis
late day in the proceedings, especially as neither of the Reports in question have been
cited in either the Case or Counter-Case of the United States.
Very truly, tic.
(Signed) JOHN W. FOSTER.
m
'ont on tlic
50
No. 76.
Mr. Tapper to Ihc Earl of Rosebcnj. — {Ileceiird June 21.)
My Lr d, Paris, June 20, 1893.
A i' the mcotlns of tho Tribunal lu^ld on the Ifith instant. Sir Richard Webster
conliniiod bis speech on tlio subject of JJe!,'ul!itions, and liis argument was directed to
prove tliat the recent decrease observed in seal life was duo in - large nu'asurc to
the iiisufTiciency of breeding males on t!ie i'ribyh)if Islands, brought about by the
system of killing on land practised under the control of tlie United States.
Sir Eichurd was unable to conclude his speech before the hour of adjournment.
I have, &.V.
(Signed) CHAllLES H. TUrPEIl.
No. 77.
Mr. Tupper to the Earl of lloseherij. -^[Received June 22.)
My Lord, Paris, June 21, 1893.
Sill RICHARD "WEBSTER, before the Tribunal yesterday, continued his
argument with regard to the scarcity of male seals on the breeding-grounds, and
dwelt upon the injurious ett'eet of the system of driving, as practised on the islands.
He concluded by submitting to the Tribunal a draft Scheme of Regulations
proposed by Great Britain.
I have the honour to inclose a separate copy of this document.
A discussion arose on these proposals, which will be found reported at
pp. 1779-1796 of the shorthand notes.
At the conclusion of Sir Richard's speech I read to the Tribunal tho document,
of which a copy is inclosed, setting forth tho iindings of fact with regard to the
seizures of British vessels, which both parties were prepared to agree to.
Your Lordship will remember that, as reported on p. 1209 of the notes of tho
proceedings of tho 30th day, the Attorney-General submitted to the Tribunal a
suggestion on tho part of Great Britairx as to what these findings of fact should l)e.
An alternative proposal was subsequently put forward on behalf of tho United States,
as reported at p. 1177 of the proceedings of the 35th day.
A conference was shortly afterwards held between the Agent and Counsel of both
parties, at which the terms of the findings to be suggested to the Tribunal were agreed
upon.
At this conference, it was understood that there was no intention on the part of the
United States to place obstacles in the way of further consideration of tho amount of
our claim for damages and tho ownership of the vessels seized, and that while these
subjects would not be pressed upon the Tribunal, our rights should not be in any way
prejudiced.
A short discussion arose on this paper, which is reported at pp. 1799-1802 of
the notes.
Mr. Robinson then continued the discussion on Regulations on behalf of Great
Britain, lie had not concluded his speech at the close of the day's proceedings.
I have, &c.
(Signed) CHARLES 11. TUPPER.
:ll
Inclosuro 1 in No. 77. .
.,"!.■ ■ - ' ,■
, . . I " ■ J ■ .■« I ■ ' i ■ )
Regulations.
ALL vessels engaging in pelagic sealing shall b^ required to obtain licences at
one or other of the following jiorts : — Victoria, in tho Province of British Columbia;
Vancouver, in the Province of British Columbia; Port Townscnd, in Washington
'I'erritory in the United States ; Sau Erancisco, in ihc State of California in the
United States.
2. Sucli licences shall only be granted to sailing-vessels.
3. A zone of 20 miles around the Pribyloff Islands shall be established, withm
which no seal hunting shall be permitted at any time.
[691] 12
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I.
m
60
4. A close season from tlio luth Soptcinhcr until tlio 1st July shall be cstjil)li>lii'(l,
(lurini; which no pclai^ic sivilini? shall he lUTinittcd in Hchrin!,' Sea.
"i. No ■•itlcs or nets shall he used in pelagic soalinu;.
(i. All st'alini; vessels shall he n^iuired to earry a (listiiiiruishins flat,'.
7. The masters in ehari^e olMMlini; vessels sliall keep aeeuratc lo^fs as to the (imos
and places of sealinij, the nuniher and sex of the seals captured, and shall enter an
abstract tlicreol' in thoir oHicial lo!,'s.
8. Licences shall be subject to I'ort'cituro for breach of above llogulations.
Indosuvc 2 in No. 77.
l'"m(iiii(js of Fact propn.si'd h:/ the Aiji'nl of drral Ihilain a»d aijri'cd to as piorcd liij llir
Ai/riit fnr the United Slates, and .lubiniltel to the Tribunal of Arhitrnlior. for ils
connlderation,
THAT the several searches and seizures, whether of ships or ijoods, aiul tlu'
several arrests of masters and crews, respcetivelv mentioniHl in the Schedule to tiu'
Jh'ilisli Case, \)\). 1 to (iO, inclusive, were made liy the anibority of the I'nited Stales'
(loverament. The questions as to the value of the said vess(ds or their contents, or
cither of them, and the question as to whether the vessels nuMitioned in the Sehi>liili'
to the Ihitisii Case, or any of them, were wholly or in part the actual property of
citizens of the I'nited States, have been withdrawn from and have not been consiih rod
by the Tribunal, it bein;;: understood that it is open to the United States to raise tliese
(piestions, or any of them, if they think lit, in any future nci^otiations as to the liahilily
of the I'nited States' Government to pnv the amounts mentioned in the Schedule to
the Jh'ilish Case.
2. That the seizures aforesaid, with the exception of the "Pathfinder," seized at
Ncah l?ay, were made in llehrinpr Sea at the distances from shore mentioned in the
Scheilule annexed hereto, marked {C).
',]. That the .said several searches and seizures of vessels were made by puljlic
armed vessels of the United States, the connnanders of which had, at the several timos
when they were made, from the Executive Department of the CJovernment of thu
United States, instructions, a copy of one of wliich is annexed hereto, marked ^.V),
and that the others were, in all substantial respects, the same ; that in all the instances
in which proceedings were had in the District Courts of the United States resulting; in
condemnation, such proceedings were begim by the tiling of libels, a copy of on. of
which is annexed hereto, marked (B), and tliat the libels in the other pi-oceedings were
in all s>d)stantial respects the same; that the alleged acts or olVences for which siiid
.several searches and seizures were juade were i,. eacli case done or committed in Bi^hriii^'
Sea. at the distances from shore aforesaid ; and that in each case in which sentence of
condemnation M*as passed, excejit in those cases when the vessels were released after
condemnation, the .seizure was adopted by the Government of the United States; ,iiul
in those eases in which the vessels were released, the seizure was made by the authority
of the United States. That the said tines and imprisomnents were for alleged hreaelies
of the municii)al laws of the I'nited States, which alleged breaches were wholly
committed in Dehring Sea, at the distances aforesaid from the shore.
■t. That the several ordtn-s mentioned in tlu^ Schedule annexed hereto, anil
marked (C), warning vessels to leave or not to entm* iiehring Sea, were made by piil)Iic
armed vessels of the United States, the commanders of which had, at the several tinirs
when they were given, like instructions as mentioned in Uiiuling 3 above proposed,
and that the vessels so warned were engaged in sealing or prosecuting voyages for that
purpose, and that such action was adojjtcd by the Government of the United States.
5. That the District Courts of the United States in which any proceedings were;
had or taken for the purpose of condemning any vessel seized, as mentioned in the
Schedule to the Case of Great Britain, pp. 1 to CO, inclusive, had all the jurisdiction
and powers of Courts of Admiralty, including the prize jurisdiction, but that in each
case the sentence pronounced by the Court was based upon the grounds set forth in
the libel.
MJ I
(51
Aunox (A).
(Sec British Countor-Ciiso, Apjiondix, Vol. T, p. 72.)
Tifasury DepnrlnienI, Office of the Si-rretnry,
Sir, tV(isliin(j(o», April 21, 1886.
liclVrrini? (o Dc'partmciit Icttm- ni' tliis dato, diroctiiii; you to proceed with
[he ivvi'iiue-steamer " Hear," under your eoiumand, to the Seal Islands, &c., you arc
lit'irliy elotlu^l with full ])o\ver to eid'oreo the law contained in the provisions ol
Section 1, !).'>() of the United States' Hevised Statutes, and directed to seize all vessels,
iuiil arrest and deliver to the proper authorities any or all persons whom you may detect
viiiliitinu: the law referred to, after due notice shall have heen given.
N du Aviil also seize any li(|uors or fire-arms attempted to he introduced into tho
oniMitry without ))roper permit, under the provisions of Section l.J).'),') of tho Revised
Statutes, and the I'liiclamation of the President, dated the 4th Fchruary, 1870.
Respect fully yours,
(.'. S. rAlRCUlI.T),
Captain "M. A. 1Tk,at,y, Actiixj Secretary.
Commr.ud.uij licrenuo-slniiiiry " firar,"
ISait Fr(iiici>!co, California.
Annex (R). ;
(See British Case, Apj-ondix, Vol. HI, " United States No. 2, 1S90," p. G5.)
In the District Court of the L'n'ted States for the District of Alaska.
August Special Term, 1886.
To tli(> Ifonourahlo Lafayette Dawson,
.hidijo of said District Court:
Tiie lihel of information of :M. D. Ball, Attorney for the United States for the
distiiet of Alaska, who ])rosecutcs on hehalf of said United States, and beini?
]in'sent hero in Court in his i)ropcr ])erson, in the name and on hehalf of tho said
I'liited States, a^viinst the schooner " Thornton," her t.nckle, ap])arel, hoats, cargo and
Iwniiture, and ajiainst all persons intervening for their interest therein, in a case of
forrcitnre, alleges and informs as follows : —
That Charles A. Ahhoy, an ot!icer in the r.evenuc Marine Service of the United
States, and on special duty in the waters of the district of Alaska, heretofore, t) wit,
(in the 1st (lay ot August, ISSO, Avithin the limits of Alaska territory, and in the waters
tliereof, and within the civil and judicial district of Alaska, to wit, within the waters
of that portion of Behring Sea helonging to the said district, on waters navigable from
the sea by vess(>ls of 10 or more tons burden, seized the ship or vessel, commonly called
a schooner, the '•Thornton," her tackle, apparel, hoats, cargo, and furniture, being the
were wholly H property of some person or persons to the said Attonu^y unknown, as forfeited to the
lj!iit(>d States, for tho following causes: —
That the said vessel or schooner was found engaged in killing fur-seal within the
limits of Alaska Territory, and in the waters thereof, in violation of Section 1,950 of
the Revised Statutes of tho United States.
And the said Attorney sailh that all and singular premises are and were true, and
within the Admimlty and maritime jurisdiction of this Court, and that by reason thereof,
and by force of the Statutes of the United States in such cases made and provided,
tlie afonMncntioned and described scluxmcr or vessel, being a vessel of over 20 tons
harden, her tackle, apparel, hoats, cargo, and furniture became and forfeited to
tlie use of the said United States, and that said schooner is now within the district
aforesaid.
AVhereforc, the said Attorney prays that the usual process and monition of this
honourable Court issue in this behalf, and that all pei*8ons interested in the before-
mentioned and described schooucr or vessel may be cited in general and special to
answer the premises, and all due proceedings being had, that the said schooner oi* vessel,
her tackle, apparel, boats, cargo, and furniture may, for the case aforesaid, and others
•t!^
■ v.-: it J I:
uppoariuj;, b(5 condemned by the dethiite wiitcnec imd dt>creo of this lioiKn.riililo
Court, as forfeited to the use of the said United Stiites in sueh cases niude iiiul
provided.
(Sisned) M. D. BALL,
United Staten' District Attorney for the District of Ahiskit.
Aunex (C).
The following Tabic shows the names of the British sealing-vcssols seized or
warned by Uuiied States' revenue eruizers, IbSU-UO, and the approximate d'stimce
from land when seized. The distances assigned in the eases of the "Carolina,"
"Thornton," and "Onward," are on the autliority of U.S. Naval Commander Al lioy
(see 50th Cong., 2nd Sess., Senate Ex. Doe. No. lOG, pp. 20, tO, 50). Tho distai.-es
assigned in the cixscs of the "Anna Beck," " W. V. Sayward," "Dolphin," and "Grace,"
are on tlie authority of Captain Shepard, " U.S.R.N. (Blue Book), United States, No. 3
(1890)," pp. 80-82. Sec Appendix, vol. iii. Neah Bay is in the State of Washin-tou,
and the " Pathiinder " was seized tliere on charges made against her in Behring S'ja in
the previous year. She was released two days later : —
Nnme of Vessol.
Date of Seizure.
Approximate Distance from Land
when leizcd.
United Stales' Vessil
making Seizure.
Carolcna . .
• s
August 1, 188G ..
75 miles . ,
CorwiD,
Thornton . .
• •
1.
70 „
It
Onward
^ ,
"1 • •
115 ,.
,1
Favourite . .
3,
Warned by " Corwcn " in about the
mmv position as "Onward."'
Anna Beck . .
, ,
July '2,1887..
60 miles . . . . ■ .
Itush.
W. 1*. Sayward
,,
9,
59 .,
V
Dolphin
12,
40 „
M
Gmco
17,
96 .,
II
Alfred Adams
, ,
August 10, ..
62
»1
Ada
^ ^
25,
15 ;.' *.' ".'. !!
Bear.
Triumph
••
4,
Warne<l by " Ru»h " not to tutor
Behrinp Sea.
Juouita
^ ,
July 31, 1889 ..
66 miles . ,
Kush.
Pathfinder .,
, ,
29,
50 „
1)
Triumph
"
11,
Ordcretl out of Bchriug .Sea by " Kusb."
(?) As to position wheu warned.
35 miles . .
11
Black Diamond
11,
66 miles . . . . . .
n
Lily
August 6,
Ordered out of Behring Sea by " Kush."
Ariel
July 30,
,1 .. .,
Kate
August 1.1,
V ,1 11
>»
.Minnie
July 15,
65 miles . . . . . .
11
Pathfinder ..
March 27,
Seized in Neah Bay . .
Cot-wiu.
No. 78.
Mr. Tupper to the Earl of Eosebert/,— {Received June 23.)
My Lord, Paris, June 20, 189.'.!.
I HAVE the honour to transmit to your Lordship copies of the official Protocols
Nos, 24-29 of the proceedings bofo»'e the Behring Sea Arbitration Tribunal.
I have, (fee.
(Signed) CHABLES H. TUPPEll.
Inclosurc 1 in No. 78.
; Protocole No. 2i.'-Sc'unce du Mercredi, n Mai, \S9S. ,
LE Tribunal s'est reuni a 11 heures 30, tous les Arbitres etant presents.
Sir Charles Russell rcprend son argumentation.
A 1 heure 30 la stance est suspcnduc. ' " ' "'•"" «'"'' li" •• "
cn-^^^^ik *
k M.]
68
A la roprisp, Sir Charles Rusitell oontinno sa plnidoiiio.
Lt s('iiiu'o est lovc'c i\ 3 lieuros 40 ct lo Tribunal s'ajourno jusfiu'ftu Mardi,
.';KM;ii, 1«!)3, il 11 lionrcsIW.
Ainsi fait h Paris, le 17 IMai, 1803, ct ont signd :
LoPri'sidont ALPTT. DE COURCEL.
L'Agontdcs l\tats.rnis .. .. JOHN W. FOSTER.
L'Afjcnt do In (Jiniide-Rrcta^no . . (.'IIA15LES H. TUPPER.
L<' SemHairc A. J M BERT.
[Ensjlish vci-sion.]
Protocol No. 2i.— Meeting of Wednesday, May 17, 1893.
THE Tri'iiuinl asspinhled at 11"30 a.m., all tbc Arbitrators being present.
>'/)• Ch:,rles Rttssrll resumed bis argument.
At 1"30 the Tribunal took a reeoss.
On ren-senibliiiy, Sir Cltnrlrs Russell continued bis argum(>nt.
At 3'4() P.M. the Tribunal adjoiuned until Tuesday, the 23rd :\roy, 1893, at
n-iiOA.-M.
Done at Paris, the 17tli 3[ay, 1S03, and ■^''■'ned :
Tbe President ALPH. DE COURCEL.
The Agent for tbe United Stales. . JOHN W. b'OSTKR.
Tiie A-eiit for Great Britnm . . CHARLES 11. TUPPER.
The Seeretarj' \. LMRERT.
Translation certified to be accurate ;
(Signed) A. RAiLLY-RLANCn s RE, "I rus,„.far{es
U. CUNTXGU.\MK, J Lo-becrefanes.
Inclosurc 2 in No. 78.
Protocole No. 25.— Seance dii Mardi, Mai 23, 1893.
LE Tribunal s'cst rduni fi 11 heures 30, tous les Arbitrcs <;tant presents.
Sir Charles Russell reprend sa plaidoirie.
La seance est suspendue h 1 heure 30.
A la reprise, Sir Charles Russell continue sou argumentation.
A 4 heures la seance est levee et le Tribunal s'ajourno au lendcmain h
n heures 30.
Ainsi fait a Pains, le 23 Mai, 1893, et ont sign^ :
Le President ALPIT. DE COURCEL.
L' Agent des Ktats-Unis .. .. .JOHN W. POSTER.
L'Agent de la Grande.Brcta^'ne .. C HAH LES H, TUPPER.
Lc Secretaire . . . .' . . A. IMBERT.
Iw
!^
^:
[English version.] •
Protocol No. 2v.— Meeting of Tuesday, May 23, 1893. ■
THE Tribunal assembled at 11-30 a.m., all tlio Arbitrators being present.
Sir Charles Russell resumed liis argument.
At 1"30 the Tribunal took a recess.
On reassembling, Sir Charles Russell continued his argument.
4. . ',' B.,
'■!■ ;/' !
im
m
- ■ ^^m
m
61
At 4 P.M. the Tribunal adjourned to the next day, at 11'30 a.m,
Done at Paris, the 23rd May, 1893, and signed :
The President
The Agent for the United States
The Agent for Great Britain
Tlie Secretary
Translation certified to be accurate :
(Signed) A. B^iLiiy-HLANciiARD,
11. CUXYNGH.\ME,
■}
ALPII. DE COURCEL.
JOHN W. POSTER.
CHARLES 11. TUPPER.
A. IMBEl«\
Co- Secretaries.
Inclosure 3 in No. 78.
Protocole No. 26.— -Seance du Mercredi, 21 Mai, 1893.
LE Tribunal s'est v6um a 11 heures 30, tons les Arlntres ctant presents.
Sir Charles Russell roprend son argumentation.
La seance est suspcndue a 1 Iieure 30.
A la reprise, jS)> Charles Russell continue sa plaidoiric.
A 4 heures la seance est levde et Ic Tribunal s'ajourne au lendcmaiu a
11 heures 30.
Ainsi fait Jl Paris, le 24 Mai, 1893, et ont sigue :
Le President ALPH. DE COURCEL.
L' Agent dcs fitats-Unis .. .. JOHN W. POSTER.
L'Agcnt de la Grande-Bretagne . . CHARLES H. TUPPER.
Le Secretaire A. IMBERT.
[English version.]
Protocol No. 2Q.— Meeting of Wednesday, May 21, 1893.
THE Tribunal assembled at 1130 A.M., all the Arbitrators being present
Sir Charles Russell resumed his argument.
At 130 the,Tribunal took a recess.
On renssemoling, Sir Charles Russell continued his argument.
At 4 P.M. the Tribunal adjourned to the next day, at 11'30 a.m.
Done at Paris, the 24th May, 1893, and signed :
Tlic President
The Agent for the United States
The Agent for Groat Britain
The Secretary
Translation certified to be accurate :
(Signed) A. Bailly-Blanciiard,
H. CUNYXGIIAMU,
ALPH. DE COURCEL.
JOHN W. POST BR.
CHARLES H. TUPPER.
A. IMBERT.
'I Co- Si
Secretaries.
Inclosure 4 in No. 78.
Protocole No. 27. — Se'ance du Jemli, 25 Mai, 1893.
LE Tribunal s'est reuni a 11 heures 30, tons les Arbitres 6tant presents.
.Sir Charles Russell rcprond sa plaidoirie.
La s(5ance est suspcndue h 1 heurc 30.
A la reprise. Sir Charles Russell poursuit son argumentation.
A 4 heures la sdanco est levde ct le Tribunal s'ajourne au lendoinain a
11 heures 30.
Ainsi fait a Paris, le 25 Mai, 1893, et ont signd :
Le President ALPH. DE COURCEL.
L' Agent des Etats-Unis . . . . JOHN W. FOSTER.
L'Agent de la Grande-Bretagne . . CHARLES H. Tlix'PEll.
Lc Secretaire A. IMBERT.
6ft
!
[English version.]
Prolocole No. 27.— Meeting of Thursday, May 25, 1893.
THE Tribunal assembled at 11'30 a.m., all the Arbitrators being present.
Sir Charles Russell resumed his argument.
At 1"30 the Tribunal took a recess.
On reassembling, Sir Charles Russell continued his argument.
At 4 P.M. the Tribunal adjourned to the next day at il'30 a.m.
Done at Paris, the 25th May, 1893, and signed
The President
Tlie Agent for the United States
The Agent for Great Britain
The Secretary
Translation certified to be accurate :
(Signed) A. Baili-y-Blanchaud
II. CUNYNGHAME,
ALPH. I)E COURCEL.
JOHN W. FOSTER.
CHARLES H. TUPPER.
A. IMBERT.
•}
Co-Secretaries.
''''■\'^'': I'
. :'*;;>».
m
I- •' (t
Inclosure 5 in No. 78.
.-^.
Protocole No. '28.— Seance du Vendredi, 26 Mai, 1893.
LE Tribunal s'est rduni a 11 heurcs 30, tons les Arbitres dtant presents.
Sir Charles Russell reprend son argumentation.
La seance est suspendue a 1 heure 30.
A la reprise, Sir Charles Russell continue sa plaidoirie.
A 4 heiires la seance est lev^e et le Tribunal s'ajourne jusqu'au Mardi, 30 Mai,
a 11 lieures 30.
Ainsi fait i Paris, le 26 Mai, 1893, et ont signe :
Le President ALPH. DE COURCEL.
L' Agent dcs l<;tats-Unis . . . . JOHN W. POSTER.
L'Agent de la Grande-Brotagne . . CHARLES H. TUPPER.
Le Secretaire .. .. ..A. IMBERT.
■' 1. '•". ^.
[English version.]
Protocole No. 28.— Meeting of Friday, May 26, 1893.
THE Tribunal assembled at 1130 a.m., all the Arbitrators being present.
Sir Charles Russell resumed his argument.
At 1'3() tlie Tril)iinal took a recess.
On reassenil)ling, Sir Charles Russell continued his argument.
At 4 P.M. the Tribunal adjourned until Tuesday, May 30, at 11-30 A.M.
Bone at Paris, the 2(>th May, 1893, and signed :
The President
The Agent for the United States ,
The Agent for Great Britain
The Secretary . . . . ,
ALPII. DE COURCEL.
JOHN. W. FOSTKR.
CHAULKS H. TUPPER.
A. IMBERT.
Translation certified to be accurate :
(Signed) A. Bailly-Bi,anciiard
H. Cunynguame,
■}
Co-Secretaries.
If
■ - 'r'
s,^:\.-
[691]
ij
^■ha
es
Inclosuie 6 in No. 78.
Protocole No. 29.— Seance du Mardi, 30 Mai, 1893.
LE Triliunai s'eat rduni h 11 heures 30, tons les Arbitres etant presents.
Sir Charles Russell reprend son argumentation.
A 1 heure 30 la seance est suspendvc.
A la reprise, Sir Charles liussell continue sa ])laid(>ine.
La seance est levee a 4 heures, et le Tribunal s'ajourne an lendemain
1 1 lieu res 30.
Ainsi fait k Paris, le 30 Mai, 1393, et ont signe :
Le President ALPH I)E COURCEL.
L'Agent des fitats-Unis .. .. JOHN W. FOSTEK.
L'Agent de la Grande-Bretagne . . CHARLES If. TUPPEll.
Le Secretaire A. IMBERT.
[English version.]
Protocole No. 2i).— Meeting of Tuesday, May 30, 1893.
The Tribunal assembled at 11*30 a.m., all the Arbitrators being present
Sir Charley^ Rmsell resumed his argument.
At 1 30 the Tribunal took a recess.
On reassembling, Sir Charles Russell continued his argument.
At 4 P.M. the Tril)unal adjourned to the next day at il'30 a.m.
Bone at Paris, the 30th May, 1893, and signed :
The President
The Agent for the United States ,
The Agent for Great Britain
ITie Secretary
ALPH. 1)E COURCEL.
JOHN W. FOSTER.
CHARLES H. TUPPEK.
A. IMBERT.
Translation certified to be accurate :
(Signed) A. Bailly-Blanchard,
H. CUNYNOUAMB,
'•}
Co-Secretaries.
iii
lli'1
No. 79.
Mr. Tupp'r to the Earl of Rosebery. — {Received June 23.)
^ii
.♦">
i:^
My Lord, Paris, June 22, 1893.
THE argument on the British side in the Behring Sea Arbitration having now-
concluded, I have deemed it my duty to consider whether some reduction cannot bo
made in the Staff of this Agency in accordance with what I know to be your Loi'dship's
wish, that ex])ense should, as far as possible, be spared.
With this object I have already dispensed with the services of Mr. J. M. ^lacoun,
whose avssistance I consider to lie no longer necessary, and I have thougiit it right to
inform Mr. Box, the Junior Counsel, that, as the oral argument of the British Couiistl
has termiiuitcd, he can now be relieved of his duties here.
I have great pleasure in expressing to your Lordship my appreciution of tiic
ability and assiduity displayed by Mr. Mox in the course of the preparation of tiu;
Counter-Case and written Argument of Great Britain, and of the valuable nssist.nnt'e
he has rendered during the oral argunw'iits of Counsel before the Tribunal.
1 have, &c.
(Signed) CHARLES H. TUPPEB.
67
No. 80.
Mr. Tapper to the Earl of Rosebery.— {Received June 23.)
My liord, Paris, June 22, 1893.
AT the commencement of yesterday's proceedings, Sir Richard Wtbster handed in
to tlio Tribunal copies of the correspondence just laid before Parliament containing the
report of the Russian Commission respecting the seizures of British vessels off the
Cotnrainder Islands, lie was proceeding to r(!ad from this paper when the United
States' Counsel objected to its reception if put forward as evidence. Some discussion
onsiied on this subject, and the President, after consultation with his colleagues,
aniioimced that the Tribunal would hear the document, but would reserve to themselves
to consider whether it should be received as evidence or not.
Sir Richard thereupon read extracts from M. Chichkine's note to Sir R. Morier of
till' 29th May (10th June), 1893, showing the readiness of the Russian Government to
proceed to the assessment of an indemnity to be paid to the owners of the two British
vessels which were seized without proof of having fished in Russian territorial waters.
Mr. Robinson then continued his speech.
He argued at some length to prove that the area over which any Regulations to
be made by the Tribunal should extend ought to be confined to Behring Sea, and had
just concluded his address wiien the Tribunal adjourned for the day.
Mr Phelps is to commence bis reply on l)ehalf of the United States at to-day's
meeting.
I have, &c.
(Signed) CHARLES H. TUPPER.
MRl
No. 81.
Mr. Tapper to the f^.iirl of Rosehery. — {Received June 24.)
My Li>rd, Paris, June 23, 1893.
AT the meeting of tlie Tribunal yesterday, Mr. Phelps c(m\menee(l his re[)ly on
lieliaU' of tbo United States by defining what he maintained had been the position of
liis Government throughout the controversy, namely, that the actual facts of seal life
and the pres(>rvafion of the species were the main objects of the Arbitration, and tiiat
all ([iicstions as to jurisdiction over Behring Sea and the title thereto derived by the
United States fiom Russia were merely secondary considerations.
lie attril)uted the firm attitude taken up by Mr. Blaine on the jurisdictional
elaiin to the fact that he had been drawn away from the main subject of the contro-
versy by the adroitness of the arguments put forward by Lord Salisbury.
Mr. Plielps then dwelt at some length on the negotiations for a close season which
took place in 1888 between Lord Salisbury and himself, and maintained that a distinct
agieement had tlien been arrived at, which, owing to the objections of Canada, bad
liee.. ,siibs(>i]uently renounced.
lie next proceeded to criticise the attitude of Great Britain in the controvcr.sy,
iiiaiiitaining tliat, while at first siie had been willing to join in Regulations necessary
for the preservation of the seals, her present position was merely that of the champion
of pelagic sealing
He coucluded his remarks for the day by a definition of the principles of inter-
national law, \vliicli be considered should guide the decision of the Tribunal.
I have, &c.
(Signed) CHARLES 11. TUPPER.
M4,r
tiiiii]
No. 82.
m
Mr. Tupper to the Earl of Rosebery. — {Received June 24.)
My Lord, Paris, June 23, ISTO.
I IIAVK the honour to call your Lordship's attention to the necessity which, in
my oi)inion, exists for tlic presence of Her Majesty's Attorney-General here.
I am convinced after most careful observation that it is very desirable for him to
be in Court during the reply of Mr. Piielps, and jjarticularly when that gentleman
deals with the subject of Regulations. It is improbable that Mr. Plielps will s]i('iik
beyond Friday next, and he resumes his argument on Tuesday.
Sir Richard Webster, who proceeded to IjO-.uIou to-day, will, I feel sure, coiilirni
me in the opinion I have expressed.
I have, &c.
(Signed) CHARLES H. TUPPER.
No. 83.
The Earl of Rosebery to Mr. Tupper.
Sir, Foreign Office, .June 27, ISfl.'i.
I HAVE received your despatch of the 22nd instant, reporting that the
services of Mr. J. M. Macoun have been dispensed with, and that you have also
informed Mr. Rox that he is no longer required to remain in Paris.
Whilst approving your action as above stated, I have to express to you my
satisfaction at your report of the valuable assistance rendered by Mr. Box in connec-
tion with the Ik'hriug Sea Arbitration.
I am, &c.
(Signed) ROSEBERY.
IHil'
No. 84.
Mr. Tupper to the Earl of Rosebery. — {Received June 28.)
ily Lord, Parii, .fune 27, ISOM.
AT the meeting of the 23rd instant ilr. Phelps continued ids argument, and,
after dealing with the principles of international law, which, he held; should giiidt'
the decision of the Tribunal, pracceded to consider at length the question of property
in the seals.
lie had not concluded .his portion of his speech at the end of the day's pro-
ceedings.
I liave, &c.
(Signed)
CHARLES H. lUi'PER.
No. 85.
Mr. Tupper to the Eurl of Rosebery. — {Received June 29.)
My Lord, Paris, June 28, 1893.
AT the meeting of the Tribunal yesterday, Mr. Phelps continued his speech, and,
in connection with the United States* claim to property in the seals, dealt with the
question of the intermingling of the Russian and American herds.
His argument on this subject occupied the greater part of the day, and was
concluded shortly before the adjournment.
I have, &c.
(Signed) CITATO LES II. TUPPER.
No. 86.
Mr. Tvpper to the Eurl of Rosvbevij. — {R n-ived June 30.)
My Lwl. P'iris, June 29, 1893.
MR. PIIELPS continued, before the Tribunal yesterd; y, his argument dealing
with the property interest in the sealing industry eluiined by the United States as a
nation.
lie examined at length the instances quoted in the United States' Case of regula-
tions in various countries for the protection of pearl, coral, and oyster fisheries outside
territorial limits, and was considering the existing laws regulating seal fisheries in
different parts of the world when the Tribunal adjourned.
I have, &c.
(Signed) CIEAllLES II. TUPPER.
u have also
No. 87.
Mr. Tapper to the Earl of Rosebenj. — {Rereired July X.)
Jly Lord, Paris, July 3, 1893.
AT the meeting of the Tribunal held on the 29th June, Mr. Phelps continued his
aricument to show that the territorial rights of a nation were capable of wtension for
the purpose of protecting marine property.
He endeavoured to justify the statement in the United States' Argument, that
llussia had asserted and exercised such extra-territorial jurisdiction, from the corre-
spondence recently prescmted to Parliament on the subject of the seizures of British
soaling-vessels by that Government in 1892.
Mr. Phelps further instanced the legislation enforced by the (jovernment of
Sweden and Norway for the protection of th' ir fisheries.
The Tribunal having decided not to sit on the 30tli June, it was arranged that
Mr. I'helps should resume his argumi'nt this morning.
I have, &.C.
(Signed) ClIAHLES II. TUPPER.
No. 88.
li
Mr. Tupper to the Earl of liosebery. — {Received July 5.)
My Lord, Paris, July t, 1893.
Mil. PIIELPS resumed yesterday his argument by dealing with the first four
questions under Article YI of the Treaty relating to the jurisdiction of Russia over
Behring Sea, and the interpretation of the Treaties of 1821 and 182').
He examined the language of the Treaty of 1824 between Russia and the
United States, and endeavoured to show that Behring Sea was not included in the
phrase " Pacific Ocean," as used in the first Article.
Ho criticized at some length the list of maps annexed to the Counter-Case of
Great Britain, and maintained that the weight of the geographical evidence supported
his interpretation oi the Treaty.
\
m
W
Mr. I'lu'lps had concluded his examination of the Treaty of 1821 when the
Tribunal rose for the day, and will proceed this morning to deal with the British Trcutv
with Russia of 1H25.
(Signed)
I have, &e.
CHARLES n. TUl'PER
No. 89.
Mr, Tupper to the Earl of Ronebery. — (Received July 0.)
Hy Lord, Puris, July 5, 18'.);i,
MR PITELPS continued, at the meeting of the Tribunal yesterday, his argument
on the tirst four questions of Article VI of the Treaty of Arbitration.
lie (liseussc(l the language of the Treaty of 1825 between Great Britain and
Russia, and the negotiations which led up to it, his object being to show that Belirin;.'
Sea was not understood by either ])arty to be included in the phmse Pacific Ocean.
Having concluded his examination of tlie Treaties of 1824 and 1825, Mr. Phelps
took leav<> of this part of his subject by referring the Tribunal to the answers to tiic
first four (lUfstions of Article VI, suggested at p. 21 of the United States' Countoi'-
Case.
He then dealt with the assertion of Great Britain, that the subject under discussion
involved the (juestion of the freedom of the sea, and had only time to make siunt
progress in this portion of his argument before the a*ljournment.
1 have, (Stc.
(Signed) CilARLKS II. TUPPEIt.
No. 90.
Mr. Tupper to the Earl of Ronebery.— (Received July 7.)
:My Lord, Paris, July 5, 1S9I!.
I HAVK the honour to transmit to your Lordshij) copies of the official Protocdls
Nos. 30 to 39 of the proceedings of the Beliring Sea Arbitration Tribimal.
1 have, (fee
(Signed)
CHARLKS H. TUPPER.
Inclosure 1 in So. 90.
Protocote S'o. 30. — Seance du Merrredi, 31 Mai, 1893.
LE Triiiuiial s'est reuni a 11 licures 30, tons les Arbitres ctant presents.
Wfr Charles liu.'isell, an cours de sa plaidoirie, presente au Tribunal le diu-utm iit
suivant : —
" liC (iouvi-ruenient de la Grande- Hretagnc, ayant soumis aux Arbitres cci-t.-iiiis
jiiiints (le fait couiiJiis dans les reclauiations de donmiages-interets presenle«'s (l;ui>
I'Aunexe au Mcnioire Britaimique, pages 1 a 60 inelusivement, prie le Tribunal de
deeidi-r eomnie suit a ce sujet: —
" 1. t^uc ies diverses visites ct saisies de navires ou d(! niarehandises et ii>
dilferentcs arrestutions de capitaines et d'equijia^ics, mentiimnes respcetivcinent dans
ladite Annexe, out etc faites par autoritc du Gouvernement d»!s Etats-Unis;
" •-'. Qu'elles out etc ell'ectuees dans des eaux non territorialcs ;
" 3. Que les diverses visites, saisies, coniJamnations et coiitiscation de navires ou
de niari^liandises, les dillcrentes arrcstations et aniendes, et les divers em|)risonnem('nts
out etc motives par de )>reteiulii(s violations des lois nationales des l^itats-l'iiis,
lesnucllcs pretendues violations avaient toutes etc commiscs en haute nor^ en dehovs
des eaux territorialcs des l*Jlars-L'nis;
" l. t^u. les dilVerents ordres mentionnes dans ladite Annexe, enjoignant a certains
ntivii'cs d'avoii' a s'abstenir de |)oursuivre leurs voyages, ont etc donnes en haute inir.
71
en (Ifihors des eaux torritorialos, en vertu do I'aiitorite du Gouvernonient des Rtnts-
Unis ot en exdcution dos lois nntionnles dos Rtats-Unis ; enfin :
" 5. Que lesditea visitos, saisios, eondamnntions, contiscations, amcndcs, n'ont 6t6
opt'rt'os ou iniposeos, que lesdits cmprisoiuienu'nts et ordrcs u'oiit ett'' iniliijes ct doiiiu'-s
en vertu d'aucuno pretention ou assertion de droit on de juridiction, autre (jue (••illes
i|ui sont soumiscs a la d«5eision des Arbitros par les questions posees dans I'Article VI
(hi Traite d' Arbitrage."
.Sir Charles Hussrll declare en outre que la Graude-Bretagne no soumettra an
Trilmnal aueunc conclusion tendant a des donunages-interets en vertu et par
.vppiieation do I'Article V de la Convention ou du modun vivvmli du 18 Avril, 1HU2.
L'Hnnnrable E. J. Phelps declare que Ics Rtats-Unis ne sctumettront, de leur cAte,
Jill Tribunal aucune conclusion tendant a des donimages-interets en vertu et par
application de I'Article V de la Convention ou du modus vireiufi du 18 Avrii, 1>"1)2.
Sir Charles Russell aebt^ve ensuite son argumentation.
Sir Richard Webster comnieiiec alors sa plaidoirie pour la Graude-Uretagne.
lii seance est smpciiduo a I beuro 30.
A la reprise, Sir Richard Webster coiiiinue sa plaidoirie.
Jia seance est levee li 4 heures, et lo Tribunal s'ajournc au Icndeinain Ti
11 lieures 30.
Ainsi i'ait il Paris, le 31 Mai, 1893, et ont sigue :
Le President ALPH. DE COURCEL.
L' Agent des fitats-Unis .. .. JOILV \V. EOSTEll.
L'Agentde la Grande- Brctagne .. CHARLES II. TUPPER.
Le Secretaire . . . . . . A. IMBERT.
m
] » '*
• ■%-t ' i
fEV:
■- H' 1
tf, •;
e doeiuiH'iit
[Englisb version.]
Protocol No. 30. — Meeting of Wednesday, May 31, 18i)3.
THE Tribunal assembled at 1130 a.m., all tbe Arbitrators being present.
Sir Charles Russell, in continuation of bis argument, presented to tbe Tribunal tbe
following paper : —
" The British Government having submitted to the Arbitrators certain questions
of [act as involved in the claims for damage set foith in the Schedule to the British
Caso, pages 1 to (50 inclusive, ask for the following findings thereon, namely : —
" 1. That the several searches and seizures, whether of ships or goods, and the
several arrests of masters and crews, respectively nuintioned in tbe said Schedule, were
made by the autJiority of the United States' Government.
" 2. That they were made in non-territorial waters.
" 3. That the several searches, seizures, condemnations and confiscations, whether
i)f sliips or goods, and tlic several arrests, tines and imprisonments, were for alleged
hroiiclies of municipal laws of the United States, which alleged breaches were wholly
committed on tbe high seas outside the territorial waters of the United States.
" t. That the several orders, mentioned in tlie said Schedule, whereby ships were
prevented from pursuing their voyages, were given on the high seas outside territorial
waters, under the authority of tbe United States' Government and in execution of tbe
inuiiicipal laws of the United States, and
" 5. That the said several se^irches, seizures, condemnations, confiscations, fines,
imprisonments, and orders were not made, imposed or given under any claim or
assertion of right or jurisdiction except such as is submitted co the decision of the
Arbitrators by the questions in Article VI of the Treaty of Arliitnvtion."
Sir Charles Russell further announced that Great Britain would not ask the
Trilmnal for any finding for damages upon and under Article V of the Convention or
moilus Vivendi of the 18th April, 1802.
The Honourable Edward J. Phelps announced that the United States would not. on
its behalf, ask the Tribunal for any finding for damages upon and under Article V of
the Convention or modus vivendi of the 18th April, 1892.
Sir Charles Russell then concluded his argument.
Sir Richard Webster then commenced his argument on behalf of Great Britain.
At 1"30 the Tribunal took a recess.
It
f^v
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79
On reassemLlin^ Sir Richard Webster continued his argument.
At 4 P.M. the Tril)uniil adjourned till the next day, at 11'30 a.m.
Done at raris, the 31st May, 1893, and signed:
The President ALI'H. DE COURCEL.
JOilN W. FOSTER.
CllAHLES II. TUrPEI}.
A. IMRERT.
Tiie Agent for the United States
Tile Agent for Great Britain
Tlie Seeretury
Translation certified to he accurate:
(Signed) A. H.\iij,y-Blanciiaud,
ir. CUNYNGUAME,
\ Co-
Secretaries.
Inclosuro 2 in "No. 90.
Protocole No. SI.— Seance du Jeudi, V Juin, 1893.
LE Trihunal s'est reuni a 11 heures 30, tons les Arhitres dtjuit presents.
Sir Richard iVrhsler continue sa plaidoirio.
La seance est susoendue iv 1 heure 30.
A la reprise, .Sir Richard Webster poursuit son argumentation.
A 4 heures la seance est levee et le Tribunal s'ajourne au Icndemain a
11 heures 30.
Ainsi fait ii Paris, le 1" Juin, 1893, et ont signe :
Le President ALPIL DE COURCEL.
L' Agent des Etats-Unis . . . . JOHN W. FOSTER.
L'Agent de la Grande-Bretagne . . CHARLES H. TUPPER.
Le Secretaire A. IMBERT.
[English version.]
Protocol No. 31. — Meeting of Thursday, June 1, 1893.
THE Tribunal assembled at 11*30 a.m., all the Arbitrators being present.
Sir Richard Wehstei resumed his argument.
At I'oO tlie Tribunal took a recess.
On reassembling. Sir Richard Webster continued his arrrument.
At 4 P.M. the Tril)uiuil adjourned to the next day at 11-30 a.m.
Done at Paris, the 1st June, 189."^, and signed;
The President
Tiie Agent for the United States
TIk; Agent for Great Britain
The Secretary . . . .
Translation certified to be accurate :
(Signed) A. Baii.t-v-Hi.anciiari)
II. CUNYNCnAMK,
'•y^o.
ALPH. DE COURCEL.
JOIIX ^V. FOSTER.
CHAULES II. TUPPER.
A. IMBERT.
Secretaries
Inclosuro 3 in No. 90.
Pioiocole No. 32. — Se'ance au Vendredi, 2 Juin, lb{)',i,
LE Tribunal s'est reuni a 11 heures 30, tons les Arbitres etant presents.
Sir Richard Wehsli'r rej)rend son argumentiition.
La seance est suspendue a 1 heure 30.
A la reprise. Sir Richard Webster continue sa plaidoirio.
A 4 heures la seance est levee ct le Tribunal s'ajourne jusqu'au Mardi, 6 Juin, a
11 heures 30.
Ainsi fait ti Paris, le 2 Juin, 1893, et ont signe :
Le President ALPH. LE COURCEL.
L'Agent des fitats-Unis .. .. JOHN W. FOSTER.
L'Agent de la Grande-Bretagne .. CHAR LKS II. TUPPER.
Le Secretaire . . . . . . A. IMBERT.
f
78
[English version.]
Protocol No. ^2.— Meeting of Fridai/, June 2, 1803.
THE Tribunal nssciublod at 1 1'30, all tlio Arbitrators boinij present.
sir Richard Wehnter resumi'd his argument.
At 1"30 the Tribimal took a reeess.
On reassembling, Sir lUchard Wcbulcr eontinncd liis argument.
At 4 P.M. the Tribimal adjourned until Tuesday, the Otii June, at 11"30 A.M
Done at Paris, the 2nd June, 1803, and signed :
The President
The Agent for the United States
The Agent for Great Britain
The Secretary
Translation ocrtificd to bo accurate :
(Signed) A. Bailly-BlaxciiarD:
II. CUNYNOUAME,
ALPIT. UE COURCEL.
J >1IN AV. rOSTER.
CHARLES II. TUPPER.
A. TMBERT.
.}c
Co-Secretitries>.
'.•.;•!!.
lendemain a
Inclosuro 1 in Xo. 90.
Prolocole No. ^3. — Seance dii Maidi, G Juin, 1893.
LE Tribunal s'est rduni ii 11 heures 30, tons les Arbitres ctant presents.
Son Excellence M. Gram, Arbitrc designo par la Suede et la Norv^ge, donno
loctuvc de la d«5claration suivante : —
"Le premier volume de rAppendice au ilemoire des I'^tats-Unis donnc Ic textc do
la loi et des rf^glements concernant la jjrotectiou des baleines sur la cote do Einmark.
"J'avais I'intentiou d'expliquer ultericureuicnt h nies collogues ccs lois et r^gle-
raeiits en indiquant les circonstances naturelles qui out oblige la XorveL!;(> et la Suede
a ndopter ime legislation specialc pour les canx torritoriales, et d'(>xpiimer en memo
teiii|)s mon opinion sur la question de savoir si cettc legislation et les questions aux-
qucllcs elle se rapporte pouvent etre considerees conime ayant que! quo portco a legard
(ics (piestions actuellcment debattues.
" Comnie, toutefois, on a fait allusion, a plusieurs rcj)rises, pendant les dernit^res
fcanees, a la legislation Norvi'giennc sur la matii'-re, i'estinie qu'il y aiu'ait prosentcment
iiitc'ivt a donncr un brof expose des traits los ])lus saillanfs de eetle legislation.
"Le caract^re partieulier de la Loi Norvegiennc citee par les Conseils des fitats-
Unis consistc dans la deteimination d'une saison fcrnieo pour la peche dc la baleine.
Quant a ses prescrii)tions au sujet des eaux interieurcs et torritoriales, clles nc sont, en
sonnne, que {'application a un cas special des priucipes goueraux etablis par la legis-
lation Xorvegienne en ec; qui concerno les goli'es et les eaux baignant les c6tes. Un
coup d'aul sur la carte suilira pourmontrer le grand nonibre de ces golfes — ou " fjords "
et k'ln- importance pour les habitants de la Is'orvegc. Certains de ces fjords ont une
etciidue considerable, penetrent tr6s avant a I'intcrieur du pays et ont une trt^s large
embouchure. lis ont etc, toutefois, dcpuis un temps immemorial, consideres commo
lies eaux int(5ricures, et ce principc a toujours etc maintcnu, mcme a I'egard des
titrangers.
" 11 y a plus de vingt aus, un Gouverncraent etranger se plaignit de cc qu'on cut
empi'che un navire de sa nationalite do pechcr dans un des plus grands fjords du nord
(le la Norvfege. Les operations do peebc qui ont lieu dans ces parages pendant les
([uatre premiers mois de I'anneo sont d'une tr(\s grande importance ])our le pays : une
treutaine de mille pcrsonnes s'y rcunissent cbaquc annee, du Nord et du Sud, pour
gaijner Icur vie. Lc Gouvcrnement soumet a son inspection les operations de peche
dans les eaux du fjiird, abrito par une rangee d'iles contro la violence de la mt • .
L'apparition dans ces eaux d'un navire etranger emeltant la pretention de preivarc
part ii cetto peche etait un fait sans precedent, et, dans la corrcspondance diplomatique
t'cliangee a ce sujet, le Gouvcrnement Norvegien insisia encrgiquement sur lo droit
exclusif qu'avaient ses sujets, par snite d'uu usage immemorial, de pratiquer cetio
imliistrie.
" La Su6de et la Norvt^'ge n'ont, d'ailleurs, jamais reconnu la distance do 3 milles
conmie formant la delimitation de leurs eaux territoriales. Jamais ces deux pays
n'ont conclu aucune Convention ni adhere a aucua Traitc consaciant cetto ri\gle.
[691] L ■
■ ! ^
I
h
■ 1 «'^i IL :
M
li
74
Lours lois natlonalcs out gi'ndraloment flx(5 1ft liniitc ii 1 millo gdoj»ropliiquc on t\
un quiiuif'mc do {loj,'ru do latitude, soit I millos mariiis. lis n'ont jamais admin
aucuno liiiiitc Inft'ricurc. l-lu fait, rolativemcnt h la question dcs droits dc i)C'v\u\ si
impoitaiits pour I'un I't I'autrc dcs deux llojaunies-Uuis, lesdites limites out semlilt',
dans beaueoup de eas, encore trop rostreintes. Quant h eette (luestion ct i\ cellos (jui
s'y rattacliiMit, jo desire ni<> reporter aux eonnuunieations faitcs par les membres Nowe-
gicns ct Suedois, au cours dcs seances de I'lnstitut do Droit Intcriiationol, en l8i)l ct
181)2. Jo ticns aussi, en cc (|iii touclio lo sujot quo jo viens do traitor sommairemciit,
Ii mo rofcrer aux comptes rendus dcs travaux do la Conference do La Haye en 1*>S2
(' Nouvcau l?eeueil (iencral de ^larteiis, 1 P' serio, vol. ix '), oil so trouvent exposi'cs les
raisons pour losquelles la SnMo, ct la NorN^yo n'ont pasadhere au Traite do La Have."
Lo I'rcsidont prie les Conseils dcs deux parties d'avoir presentes h I'esprit' los
obsorvations do sou IJxceUenee ^L Ciram, au cas oti ils auraient i\ citer rexeinpic
dcs caux do la Norv^ge ; niais il croit devoir rappelcr quo la question do la dellnition
dcs caux territorialcs u'est pas soumiso aux Arbitrcs ct qu'il u'cst pas dans les inluu-
tions du Tribunal d'exprinier une opinion en cc qui conccrno cctto definition.
Sir Richard Webster reprend alors son argumeutatiou.
La seance est susj)endue a 1 licuro 30.
A la reprise, Sir Richard Webster continue sa plaidoirie.
A 4 heures, la stance est Icvoe ct lo Tribunal s'ajourue au lendomain i\ 11 licures 30.
Ainsi fait ii I'aris, Ic Juin, 1893, ct ont signo :
Lo President ALPH. DE COURCEL.
L'Agent des Etats-Unis . . . . JOHN W. FOSTER.
L' Agent dc la Graudc-lU'ctague . . CHARLES IL TUl'PER,
Lo Secretaire A. IMBERT.
■ i-
[English version.]
Protocol No. ZZ,— Meeting of Tuesday, June 6, 1893.
THE Tribunal assembled at 11-30 a.m., all the Avbitratoi-s being present.
His Excellency M. Gram, the Arbitrator designated by Sweden and Norway, read
the following statement : —
" The Appeiulix, vol. I, to the United States' Case, gives the text of the Laws aiul
Regulations relating to the protection of whales on tho coast of Einnmarken It was
my intention later on to ex])lain to ray colleagues these Laws and Regulations, in
supplying some information about the natural conditions of Xorway and Sweden wliicli
have necessitated the establishment of special rules concerning the territorial waters,
and to state at the same time ray opinion as to whether tlioso rules and their subject-
matter may be considered as having any bearing on the present case. As, however, in
tho latest sittings reference has repeatedly boon made to tho Norwegian legislation
concerning this matter, I think it might bo of some use at the present juncture to give
a very brief relation of the leading features of those rules.
"The peculiarity of tho Norwegian Law quoted by tho Counsel for the United
States, consists in its providing for a close season for the whaling. As to its stipida-
tions al)out inner and territorial waters, such stipulations are simply applications to a
speciiil case of the general principles laid down in the Norwegian legislation concerniiii,'
the gulfs and tlie waters washing the coasts. A glance on the map will bo sufllcient
to sliow the great niunber of gulfs or fiords, and their importance for tho inhabitan's
of Norway. Some of these fiords have a considerable develojimeut, stretching thoii;-
selves far into tho country and being at their mouth very wide. Nevertheless they
have been from time immemorial considered as inner waters, and this principle has
always been maintained, even as against foreign subjects.
" More than twenty years ago, a foreign Government once complained that a
vessel of their nationality had been prevented from lishiiig in one of the largest liordj
of Norway, in the northern ])art of the country. Tlie lishing carried on in that neigh-
bourhood during tho first four months of every year is of extraordinaiy importance to
the country, some 30,000 people gathering there from south and north, in order to earn
their living. A Government inspection controls the fishing going on in the Avateis of
the fiord, sheltered by a range of islands against the violence of the sea. The appearance
in these waters of a foreign vessel pretending to take its share of the fishing, was an
unheard'Of occurrence, and in the ensuing diplomatic correspondence the exclusive
LI licurcsSO.
75
right of Norwegian subjects to (his industry was ciicrgclioally insisted upon as foucded
ill immcinorial practico.
" JJcsidcs, Norway and Sweden Iiavo never reeoi^nizod the S-milo limit ns the
conlliies of their territorial waters. 'Jlii'v liavc neither oonchided nor acceded to any
Treaty conseeratiu!,' that rule, I5y their niunieipal laws the limit has generally heeu
fixod at I geographical mile, or oiuj-lilU'eiith pait of a degree of latitude, or A niarino
inilcs; no narrower limit having ever been adopted. In fact, in regard to this
qiiostion of tiio lishing rights, so important to both of the United Kingdoms, the said
limits Irivo in many instances been tound to bo even too narrow, As to tiiis question
and others thercnvith connected, I beg to refer to the eommunieations presenteil by tho
Xoi'wogian and Swedish members in tho sittings of the ' lustitut dc Droit International'
ill 18'J1 and 181)2. I wish also to refer, concerning the subject which I have now very
brii'lly treated, to the proceedings of the Conference of tlu; Ilaguo in 1882 (' Jlartens'
Nouvcau lloeueil General, 11" serio, vol. i.v '), containing the reasons why Sweden and
Norway have not adhered to tho Treaty of tho Ilaguo."
The President requested that Counsel on both sides would bear in mind tho obser-
vations of his Excellencij M. Gram, in case they found it necessary to cite the example
of the waters of Norway, but thought it his duty to remind them that tho question of
the definition of territorial waters was not submitted to the Arbitrators and that it was
not tho intention of tho Tribunal to express any opinion with respect to that definition.
Sir liichard Webster then resumed his argument.
At 1'30 the Tribunal took a recess.
On reassembling, Sir liichard Webster continued his argument.
At Ji P.M. the Tribunal ad'ourued to tho next day, at il'30 A.M.
Done at I'aris, the 0th .Tunc, 189;{, and signed :
The I'resident . .
The Agent for the United States
The Agent for Great Britain
The Secretary
t\
ALPII. DE COURCEL.
JOHN W. POST Kit.
CUARLES U. TUPPER.
A. IMBERT.
Translation certified to be accurate :
(Signed) A. 13ailly-13lancuakd,
H. CUNTOUAME,
■}
Co-Secretaries,
al
Inelosurc 5 in No. 90.
Protocole No^ SL'—S/ance du Mercredi, 7 Juin, 1893.
LE Tribunal s'est r6uni a 11 hcures 30, tons les Arbitres etant presents.
Sir Richard Webster reprend et termino son argumentation.
^f. Christopher Robinson commence eusuite son plaidoyer.
La seanco est suspendue a 1 heurc 30.
A la reprise, A/. Itobinson continue son arguraei. on.
A 1 hcures la seance est levee et le Tribunal s'ajournc au lendemain a 11 houros.
Aiusi fait ii Paris, le 7 Juin, 1893, et ont signe :
Lo President ALPH. DE COURCEL.
L'Agcnt des fitats-Unis . . . . JOHN W. FOSTER.
L' Agent dc la Grandc-Brntagno . . CHARLES H. TUPPER.
Le Secretaire A. IMBERT.
"lU
ined that a
[English version.]
Protocol No. SL.—Mcetimj of Wednesday, June 7, 1893.
THE Tribunal assembled at 11-30 a.m., all tho Arbitrators being present
Sir Richard IVebstcr resumed and concluded his uvgumeut.
Mr. Christopher Robinson then began his argument.
At 1*30 the Tribunal took a recess.
On reassembling, Mr. Robinson continued his argument.
[691]
L 2
. ■y;-!
:f' y^.
1l
w
At t P.M. tlie Trihmiftl (idjournod to tlio next day, nt II cVlock.
Done at I'uris, tlic 7th .lime, IS'.KJ, and sigufd .
Tlif IVosidcnt
Tlic A!,'ciit for tlio Unitod Sfitts .
Tlio Ai^ciit for Great IJritaiii
The Sfcrotary
Translation certified to he noeurate :
<**""■' i'.'ci?i->:;ur.^:"""'}c„.«„„,.,.>..
ALIML. DK COUnCKl.
JOHN AV. l'08Ti;i{.
CHAIILES II. TUJ'"i;h.
A. IMJJERT,
Inclusure G in No. 90.
Vinlocolf So. 35.— .SV«nc^ du Jendi, 8 Juin, 181)3.
L!'! Triliuiial s'est reiiiii en Chanihre du Conseil, a 11 hcures, tous ie> Aihilivs
etani presents.
La seaiiee puhliipie a eoninienee a niidi.
Mr. Cliri.ilnplirr /^ ihinsnn eonlimie et ae}n''ve son arsfumentation.
L'Aifent des l^tats-lJiiis doniie alors leeture (h' la (h'-elaration suivanto: —
" he Uoiivernenient di-s Ktat.— Uni<, — pour le eas oii la solution doinit5e ])ar Ic Ihmt
Trihunal u eerlaines (|iiestioiis indiqiu'cs d;nis rArtieJe VIT du Traito comrne etant Ics
' questions ei-dessus relatives a la jnridietion exelusivc des Ktats-Unis' serait, aiusi (pril
est e!ioi\('('' flans ledit Artiele VII, ' (elhvs que le eoncours de Ui (Jrande-Hretaniic suit
neeess;tin' a rinstitulion de ll^^lenients «mi viii" di- la protection efTicaee et di' lii
conservalio:i des plioqiie-! a fo'irrure hahitant ou Irequentanl hahituejleiuent la ^Icr dc
I'chrin^','— expose (jue les l{(''i,'lenients suivantssont necessjiircs et dovraient s'appli(pieu
auK eaux dont il sera fait mention a eet elVet ci-apres:
" Piemihrcmrnt. — Aucun eitoyen on sujet des Rtats-Unis ou dc la Gninde-Ureta^'iic
ne pourni, dc (lUfUjue l'a(;on (|ue ce soit. luer, cajiturer, ou poursuivro sur aucun point
de la nier. dans les homes et liniites ci-ajmVs marquees pour la mise en vigucnr du
present Uei,'lement, anom (h-s animaux communenient ai)pelej! ' phoques a fournire.'
" Ddivieiiieiiieiit. — Le l{ei;lenient (|ui preei'de s'appliqueni et s'eteudm h toutes k's
caux de I'Ocean Paeifitjue Se|)fentrional ou de la Mcr dc Bcliring, au nord du
35" parallele de latitude nonl, et a Test du 180' mcridien dc longitude onest
de (ireenwich, en dehors des limites de la juridiction des nations ci-dessu^
raentionnces. Toutcfois, il ne s'appli(iueni pas h la poursuitc et h la capture
desdits phoques par les ludiens rcsidant sur les cotes des tcrritoires dc la Grande-
Brctagne ou des Ktats-Unis, pour leur usage personnel, au moycn de harpons, dans dos
pirogues ou enibarcations non pontees, non cmbarquces sur d'autres navircs ou
detaehees de eeux-ci, manoeuvrces uniqueincnt a la pagaic, et quincsoicntpasmontoes
par plus dc deux homines chacunc, dc la facon ancicnncment prtvtiquco par ees
ludiens.
" Troi.sieinement.—'l\mi vaisscau, navire, bateau ou autre cmbarcation (en dehors
des pirogues ou cmbaroitions mentionnccs et dccrites dans le jMiragraphc preeedent),
appartennnt aux citoycns ou sujets de I'une ou I'autrc des nations susdites, qui seniit
trouve detruisant, poursuivant ou eapturant lesdits jjlioques, ou engage dans lui
voyage ayant ce but, dans les caux ci-dessus delimitees et dccrites, pourra, avec ses
agrf-s, a])paraux, materiel, ])rovisions et toutes les peaux de phoques qui sc trouveraieiit
a bord, etre capture ct saisis coinme prise par tout navire arme pour Ic service public
de I'une ou I'autre des susdites nations ; et dans le eas d'une telle capture, il pouira
etrc anicne dans tout port de la nation a la(iuclle appartiendrait le navire capteur et
6trc condainnt^' en suite d'une procedure devant tout Tribunal ayant juridiction
competente, laquellc procedure sera conduite, autant que fairc sc pourra, eou-
formcmeut aux usages et a la i)ratique des Cours d'Amirautc siegeant conimc
Tribunaux dc Prises."
L' Agent des fitats-Unis donne eu;alement lecture dc la proposition suivantc: —
" Le Gouvcrnement des Ltats-Unis propose de substituer aux conclusions de fait
pr«5sentces par le Gouvernement dc la Grandc-lirctagne les conclusions suivantcs.
Dire:
" 1. Que les diverscs visites et saisies de navircs ou de marchandiscs ct les difFcrentcs
arrestations de capitaines ct d'cquipages, mentionnccs respect ivement dans laditc Annexe
ont etc faites par aiitoritc du Gouvcrnement des Etats-Unis. Sur la question de savuir
quels nayircs ct combieu parmi les navires mentionnds dans cetto Annexe ctaient cu
77
s Icj Arl)ilivs
tmi( oil •"" pnrtiu '"■ propritSt*^ do siijcts Miitiiiiiiiquos, ot quels navircs ot comhini narmi
ces iiavirrs t'liiiont on tout on on pjutio la proprioto do oitoyons Ainoricans, lo Tribunal
„,' M', prononco pus. II no dt5torniinc pas non plus la valour do cos navircs ou do lours
,an,'Mi''<>ns, onsomblc ou soparoniont.
"2. Quo lc8 Husditos saisios ont v)t6 faitos on nior a plus do 10 niillos do toutc
";{. Quo losditos visilos ot saisios do naviros ont oto faitos par dea naviros armds
iioiu' lo sorvioo public dos Rtats-Unis, dout los ConunaMdanls avait ro(;u, toutos los I'ois
(iiiVlltM ont ou liou, du I'ouvoir Hxooutif du Oouvornonioiit dos l^ltals-Unis, dos
iiistniotions dont un cxomplairo ost roproduit on copio oi-apn\s (.Vntu'xc A), los aulres
cxoinplairos dosditos instructions otant conl'ornios h co niodtMo sur tons los points
isscntiols ; quo dans tonics los occasions ou dos pi>ursuitc8 cntamo(!s d(!vant los Cours dc
District dos l-Itats-Unis ont oti's suivios do condamnations, cos poursuitos out dobuto par
lp(lt'i)6t d'un aoto d'accusation, dont unc copie ost annoxt'-o ci-dossous (Annoxt; i\), Ics
act cs d'aoousat ion doposos dans los autrcs procedures otant, on tons points osscnticls,
st'mlilal)lo 11 CO modolo; que los aotos ou dolits alloguos conmu' motifs do cos visitcs ct
siiisios ont »He aoconijjlis ou cominis en mor a plus do 10 millos do touto cote; ct quo,
dans tons los oas on uno c:)ndanuuition a oto pronoiicco, exoopto dans l<>s cas ou lo
iiaviio a etc rolAcbo apn^'s condamnation, la priso a oto a|)prouvoo par lo (jouvornomont
lies Ktats-Unis; (luc los amondos ot omprisonnonuMits susdits out oto proncmcos a
raisins d'infraotions aux lois nationalos dos fitats-Unis, infractions tyutos comniisos en
mi'r a plus do 10 millos do touto colo.
'• l. (^110 los difforonts onlr-s, nientioniios dans laditc; Anucxo, onjoii^nant u certains
uavii'os do (piittor la Mor »1(! IJoliriuL,', out oto dounos par dos naviros arnios pour lo
scrvico p\iblic dos l"]tats-Unis, dont b-s Command iiits avaiont, toutos los fois qu'ils
(lonnaient cos ordros, dos iiistruotions conformos I'l oollos iiKnitiounoos ci-dcssus sous
lo No. 3, ot quo los naviros (pii ont rocyu cos sommations otaiont oooupos u la cbasso
(k's jilioqiios ou faisaiont route pour ontroprondn' i.otto cbasso.
'■'}. Que losditos visitcs, saisios, oondaninations, oonfisoalions, amondos, n'out dto
opiMVOS ou imposoos; quo losdits omprisDnnoinonIs ot ordros n'out oto inlligos ct
(lonni's en vcrtu d'aucuue protontion ou aflirmatiou do droit ou do juridiction, autrcs
(ino oollos qui sont soumisos a la docisic (b*j Arbitros par los questions posocs dans
TArliolo Yl du Traitc d'Arbitrago.
'• 0. Que los Coui-s dc District dos l^tats-Unis dcvant Icsqucllcs dos poursuitos ont
I'to ontamoos ou suivies pourobtonir dos con lumnations contro los naviros saisis dont il
est fait mention dans rAunexe an !Mcmoire do la Grandc-Brotagnc, piges 1 a CO
iiiL'bisivemont, avaient tous droits do juridiction ot pouvoirs apparlenant au Cours
d'Aniirauto, y compris la juridiction dc Tribuuaux do I'rises."
Annexe (A).
(Voir: Contre-Memoiro AiiglaiB, Appcudice, vol. 1. p. 72.) '
(Traduction.) Di'partemeut Jn JWsor, Cabinel <lit S''c retain;
Moiitiictn', iWishimjioii, h; 21 Anil, IKSfi,
("OMMK suite ii unc luttn; du Di'iiartomuut, en date de co jour, vims cnjnigiidnt do vouh
(liripT avoc I'j vapour du scrvici' dus Douunefi " Hoar," jilacu sous votrc connnandoinont, vers ics
iiis aiix iibdquis, vuuh ctt'S par los piVNontcs invosti do tons los iiouvoirs uocoSHairoH pour ansmxT
!'i xi'riition do la Loi dont lus tonnes sont cuiitonuH dans la Sootion ly.'iii dos Statnts Kovi.scs dos
i;t;il.s-l'nis, ot ordre vous ost doiuio dc saisir tout naviro, ot d'arrotor ot livror aux autoritos
connit'i Mtos tout individu ou toiitoR porsoinios quo vous tiouvorio/. agissant on violation do la Loi
BUi-iiii'Mtionnoo, npros ipi'un avortissoniont sufKeant lour aura ctii donnc.
Vous saisiroz ogalonicn!. tous spirituoux ot .'.rmes ii feu cjuo Ton ciioroliorait ii introdniro dana
Ir jiiiys sans uno permission cii roglo, on cxooution de la Section l',t55 dos Statuts IJe vises ot do hi
rruolanmtion du I'rosidcnt en date du l Fevrior, 1870.
Kcspcctucuscmout ti vous,
(Signi!) C. S. FAIRCHILD.
Secntaire par interim,
Au Capitainc 51. A. Heldy,
Cumuiaudu *■ Ic vapeui- du service des Uouaucs " Bear," k Saa-Francisco (Californie).
'^Wl:
■^ I'
•ns
IM
78
Annexe (B).
(Voir : Mcinoire do la Grande-Brctagne, Appendico, vol. Ill, fitnts-Uuis, No. -J, WJO, p. (!5.)
Decant la Cour de Dlatrid des fJtati-Lmt pow le District d'Alai:/ca.
Session (Special Term) d'Aodt 188(5.
A rilonorablo Liiihyotto Dawson, ,Ihjj,l' do hidite Cuur de Distncl.
Lo ri'miisitoiro a fin d'ini'urinatidn par lr(iiul JF. D. ]>all, Attorney des Etats-Unis pour le
district d'Alayka, ])oursuivaut an nom des Etats-Tnis ot prc'ecnt ici dcvant la Conr, en sa pcr.itnine
ccmnie Represcntant des Etats-l'nis et en lenr nom. contrc la goelette " Tliornton," ses t\p:th,
apparaux, embareatiune, cargaisdna et materiel et eontro tontes pcrsonnes iutervenant cemme
ayant des interefs eiigagi's dans cc naviro. en ponrstiito i\ iiu do eontiscatiou, pre.sento Ics
allegations et declaratiou.s Buivantes :
Quo CliarUs A. Aliboy, (illieirr du eervieo dos l>ouaneB Maritimes des Etats-Unis, eharji;L' d'tmo
mission speeiale dans les cans du district d'Alaska, iuiteriein-cnicnt au present j(jur, a savuirle
1" AoAt, lSH(i, dans los liniites du territnire d'Alaska et dans ses eanx, et dans les limit, mlu
district civil et judieiaire d'Alaska. h savoir dans lY'tendue des eaux de cettu partio de la Mi r do
Bebring qui a]ipartient au dit district, dans des eaux navigables pour des iiavires veiuuit do la
haute mer et jangeant 10 tonneaux on au-dessus, a saisi lo vait:seau ou navive conuntniinHut
deijomnie goelette, lo " Tliornton," ses agres, apparaux, (Mnbareations, eargaison ot niaU'riul,
lesquela ctaient la propriete d'uue ou de plusieurs personnea inconnnes dudit Attorney, et Ics a
eontisques au profit des Etats-Tuis pour les causes ci-aprus :
Qne ledit navire ou gnelctte a I'te trouve .so livrant a la destruction des pho(piC8 a fourrnrc,
dans les limites du territniro d'Alaska et de ses eaux, eu violation des dispositions do la Section rj56
des Statufs Hevises des Etats-Uuis.
Et ledit Altoruey declare qne tonics les propositions ci-dessus enoncees et cliacune d'ellcs
sont et etaient vraies, et qu'elles tondieut sous la juridiction maritime ot d'Amiraute do cettc Cour,
et que, pour cette raison, et en execution des Statuts des Etats-Unis etablis ot edictes juiur de tels
cas, le navire nu la gdclotte nieiilioiiiK'o et decritc ci-dest;us, jaugeant plus de 20 tcjnneaux, sia
agres, ajiparanx. embarcatiims, eargaison et mati'riel out etc et stmt confisqucs an profit des I'ilats-
Uuis. et qne ladito goelette se trouve maintenant dans lo district snsdit.
Ce jioiu'qnoi ledit Attorney deniande cpio I'honorablo ('our de .Itiftice proci'do et aviso coiiimo
d'usago en eette afi'aire, et (jue tontes personnes ayant un interet dans ladito goelette ou navire
soient litees j)ar voie d'assignation generale nu spcciale, afin do repondr(? aux propositidua
susenonccea, et (pie, ii la suite de la procedure a ce neeessaire, ledit navire ou goelette, ses agiis,
ajiparaux. enibarcations, eargaison et. materiel, soient condamnes pour ladito cause ou toute autre
qu'il apparaitrait juste, par arret t'oriuel et decret de cette lionoraido Conr, et confisquc's au piolit
desdits Etats-l'nis, selou la forme dee fcstatuts dusdits Etats-l'nis, etablis et edictes jiour de tels cas,
(Sign(5) ^ Jr. 1). BALL,
Attorney des Etats-Vnis pour le Ihatrkt d'Alaska,
La sdancc est si'sp(!iiduc a 1 liouro 30.
A la reprise, Sir Charles Russell commence sa jjlauloirie, pour Ic Gouvernemciil do
la Grandc-13rctagnc, siir la question des Eoglements prevus par I'Article VII du Traile
d'Arbitragc.
La seance est levee u 1 licures, et le Tribunal s'ajourne au lendemain, a
11 heures 30.
Ainsi fait i\ Paris, le 8 Juin, 1893, ayant signd :
Le Tr^'sidcnt . . * . . . . ALIML DE COURCEL.
L'Agent des l^tats-Unis .. .. JOilX W. EOSTET5.
L'Agent do la Graudc-Brctague .. CILUILES II. TUITEE.
Lc Secretaire A. IMBEllT.
[English version.]
Prolocole No, 35. — Meeting of Thursday, June 8, 1893.
THE Tribunal assembled in the Council Chamber at 11 o'clock, all the Arbitrators
being present.
The public nitting eonnncufed at noon.
Mr. (Jhristoplier Robinson continued and finished his address.
The United States' Agent tlien read the following statement:—
"The Government of tlie United States, in the (!vent that the determination of
the Iligh Tribunal of certain questions described in the Vllth Article of the Treaty as
79
'tlio forogoii^g questions as to the exclusive jurisdiction of the Unitod States ' should,
as montionecl in said Vtlth Article, * leave the subject in such a condition that the
concurrence of Groat Britain is necessary to the establishment of llegulations for the
pnper protection ami preservation of tlio fur seal in, or habitually resorting to,
BeliviiiE: Sea,' submits that tlie following' roi?ubitions are uocessiary, and that the same
should extend over tlic waters liereinafter in that beliaU' mentioned .
'^ Firstly.— '"No citizen or subject of llic United States or Great Britain shall in any
maunor kill, capture, or pursue anywhere upon the seas, within the limits and
boundaries next liereinafter prescribed for the operation of this llegulation, any of the
animals commonly called fur seals.
" Secondhj. — The foregoing regiilaliou shall apply to and extend over all those
walers outside the jurisdictional limits of the above-mentioned nations of the North
racido Ocean or Bebring Sea, which are north of the 35th parallel of nortli
latitude, and east of the 180th meridian of longitude west from Greenwich. Provided,
however, that it shall not app'/ to sucli pursuit and capture of said seals as may 1)o
carried on by Indians dwelling on the coasts of the territory, either of Great Britain
or the United States, for their o\ni personal use, with spears, in open canoes or Ix ats
not transported by, or used in connection with other vessels, and propelled Avholly by
paddles, and manned by not more than two men each, in the way anciently practised
by such Indians.
Thirdhj. — Any ship, vessel, boat, or other craft (other than the canoes or Ijoats
mentioned and described in the last foregoing paragraph) belonging to the citizens or
subjects of cither of the nations aforesaid, which may be found actually engaged in the
killing, piu'suit, or capture of said seals, or prosecuting a voyage for that purpose,
within the waters above bounded and described, may, with her tackle, apparel,
furniture, provisions, and any seal-skins on board, bo captured and made pri/c of by
any public armed vessel of cither of the nations aforesaid; and, in case of any such
capture may bo taken into any port of the nation to which the capturing vessel belongs,
and be condemned by proceedings in any Court of corapci;on; jurisdiction, which
procc(Mlings shall be conducted, so far as may he, in accordanco with the course and
practice of Courts of Admiralty when sitting as Prize Courts."
The Agent of the United States also read the following statement:
" Substitute proposed by the Government of the United States for findings of facts
submitted by the Government of Gn>at Britain: —
"1. That the several searches and seizures, whether of ships or goods, and the
levcial arrests of masters and crews, respectively ip.entioned in the said Schedule, Avcrc
made by the authority of the United States* Government. Which, and how many of
tlio vessels mentioned in said Schedule were in Tfhole, or in part, tlie actual property
of iSiitish subjects, and which ami how many where in whole, or in part, the; actual
])roperty of American subjects, is a fact not i>:issed upon by this Tribunal. Nor is the
value of said vessels or contents, or either of them, determined.
"2. That the seizures afore.-aid wen^ made upon the sea moic than 10 miles from
vwy shore.
".1. That the said several searches and seizures of vessels were made by public
Mined vessels of the United States, the Commanders of which had, the several times
when they were made, from the Executive Department of the Government of the
United States, instructions, a cojiy of one of wliieb is juinexed hereto, marked 'A,'
ami tliat the olhers were, in all substantial respects, the same; that in all the instances
in which proceedings were had in th;; District Courts of the United States resulting in
(oiidcniuation, such proceedings were begun by the tiling of libels, a cojjy of one of
whirli is annexed hereto, marked ' B,' and that the libels in the other proceedings were,
i:i all substantial respects, the same ; that the alleged acts or olVences for which sai(l
-i'wal searches and seizures were made, ivere, in each case, done or committed upon
t!ii^ K'lis more than 10 miles from any sliore ; and that in each case in M'hieh sentence
of ciindcmnation was had, except in tlio.se cases when the vessel was released after
I oiul(>innation, the cajiture was adopted by the Government of the United States.
That the said fines and imprisonments were for alleged breaches of the municipal laws
ol' 111- United States, which alleg(!(l breaches were wholly committed upon the seas
niiire than 10 miles from any shore.
"I. That the several orders mentioned in said Schedule warning vessels to leave
bolning Sea were made by public armed vessels of tlu^ United States, tlio Commanders
of Avliich had, at the several tinujs when they were given, like instructions as mentioned
in finding 3, above proposed, and that the vessels so warned were engaged in sealing
or prosecuting voyages for that purpose.
■•■■'(
1 ;
<f
' ■*• ,'
■
.if
80
"5. That tUo said several searches, seizures, condemnations, conflscations, duos,
imprisonments, and orders wore not made, imposed, or given under any claim oi.
assertion of right or jurisdiction, except such as is suhmittod to the decision of the
Arbitrators hy the questions in Article VI of the Treaty Oi Arbitration.
"6. That the District Courts of the United States in which any procoedinj^'s wc,,^
had or taken for the purpose of condemning any vessel seized as mentioned in (lio
Schedule to the Case of Great liritain, pp. 1 to (iO, inclusive, had all the jui'lsdictimi
and power of Courts of Admiralty, including the prize jurisdiction,"
Annexe (A).
(Seo BritiBh Counter-Case, Appendix, vol. I, p. 72.)
Treasury Department, Office of the Secretary,
Sir, Washington, April i\, IsSi;,
Referring to Dopnrtmont letter of tliia date, tlirocting yon to proceed with tho rcvcinic.
steamer " Bear," under your command, to the Seal Islands, i\co., you are liereby olotlicd \\'\\\\ U\\\
power to enforce tho Law contained in tho provisions of Section liiriC of the United Si.itis'
Revised Statutes, and directed to seize nil vesKels and arrest and deliver to the proper aiitlnnitics
ony or all persons whom you may detect violating the Law referred to, after due notice shiill iiavi'
been given.
You will also seize any liquors or fire-arinfl attempted to be introduced into the cmnitiy
■without proper permit, imder the provisions of Section l'.t,"),5 of tho Roviaed Statutes, ami ihi'
Proclamation of the T'residcnt. dated the 4tii Felu-uaiy, 1H7().
Respectfully vours,
(Signed) C. S.
Captain M. A. Ilealy,
Commanding Heveune-stcanicr
FAIRCHFLI).
Acting Secretarii.
Bear," San-Francisco, California.
Annexe (T^).
(See British Case, Appendix, vol. Ill, U.S. No. 2, 1890, p. G5.)
Jn the Ihftrict ('our: of the rnitctl States for the District of Alaska.
Ai! -ist Special Term, ISSt!.
To tl'.e IIonoraMe Lafayette Dawson, .ludge of said Pistrict (\iurt.
The libel of iTiforniiition of M. I). Unll, Attorney for the United States for tho District df
Alaska, who prosecutes on behalf of said United States, anil being present here in Ccunt in his
proper iierson, in tho name and on lieinilf of tiio said United States, .against tlio sclioiiur
••Tnornton," her taclde. ajiimrel, bnats, I'argo, and fuiiiitnre, ami against all persons intorveMiiii^
for their interest therein, in a cause iif fdrl'eitnro, alleges and informs as follows:
That (Charles A. Abbey, an otiicer in the Revenuo Marino Service of tho United States, ami
on speci.al duty in the waters of the District of Alaska, heretofore, to wit, on the 1st day of Aupjnst,
18H(;. within flie limits of Alaska territory, and in the waters thereof, and within the civil iuul
judicial District of Alaska, to wit, witliin the waters of that portion of Behring Sea bclongiiiic to
the said District, on waters navigable from the sea by vessel of 10 or more tons burden, seizcil
the ship or vessel commonly c.illed a schooner, the " Thornton," her tackle, apparel, boats, carjro,
and furnitin'o, being the ])roperty of some person or persons to the said Attorney unknown, as
forfeited to the United States, for the following causes :
That the said vessel or schooner was found engaged in killing fur seal within tho limits of
Alaska territorv, and in the waters thereof, in violation of Section lS>5o of the Revised Statutes
of the United S'tates.
And tho said Attorney saith that all and singular the premises are and were true, and within
the Admiralty and mr.ritimo jurisdiction of this Coiu't, and that by reason thereof, and by force uf
the Statutes of the United States in such cases made and provided, the afore-inentionecl luul
described schooner or vessel, being a vessel of over 20 tons burden, her tackle, apparel, beats,
cargo, and furniture, became and are forfeited to the use of the said United States, and
that said schooner is now within tho district aforesaid.
Whereforo the said Attorney prays the usual process and monition of this honourable Court
issue in this behalf, and that all persons interested in the before-mentioned and described schooner
or vessel may be cited in general and special to answer the premises, an<l all due proceedings
beinff had, that the said schooner or vessel, her tackle, apparel, boats, cargo, and furniture may,
for tno cause aforesaid, and others appeanng, be condemned by the definite sentence and decree
81
of tin's honourable Court, as forfeited to tho use of tho said United States, according to the form
of tlio Statute of the said Uuited States in such cases made and provided.
(Signed) M. D. BALL,
United States' Diitricl Attorney for the Ditlrict of Aloika,
At 1*30 tho Tribunal took a recess.
Oxi teassonibling Sir Charles Russell began his argument on behalf of the QoveiD-
mcnt of Great Britain en tho question of Eegulations as contemplated by Article VII
of tho Treaty of Arbitration.
At 4 P.H. the Tribunal adjourned to the next day at ll'SO a.m.
Done at Paris, tho 8th June, 1893, and signed :
Tho President
The Agent for tho United States. ,
The Agent for Great Britain . .
The Secretary
ALPH DE COmiOEL.
JOHN W. FOSTER.
CHARLES H. TUPPER.
A. IMBERT.
Translation ccrtiiicd to be accurate :
(Signed) A. Bailly-Blanchard,
II. GUMYNOHAMG,
■}
Co-Secretaries,
WfKky
r
■ 1
4
,J*^
Inclosure 7 in No. 90. -
Protocole No. 36. — Se'ance du Vendredi, S Juin, 1893.
LE Tribunal s'est r^uni ti 11 heurcs 30, tous les Arbitres 6tant presents.
Sir Charles Russell reprend son argumentation de la veille.
La 8&imie est suspendue h 1 heure 30.
A la repi-iso, Sir Charles Russell continue sa plaidoirie.
La sdance est lovde k 4 heures et le Tribunal s'ajoumo jusqu'au Mardi, 13 Juin, k
11 licures 30. ....
Ainsi fait h Paris, le 9 Juin, .1893, et ont sign^ :
Le President ALPII. DE COURCEL.
L' Agent des Etats-Unis ,. .. JOHN W. FOSTER.
L' Agent dc la Grande-Brctagnc . . CHARLES H. TUPPi^R.
Le Secr<5taire A. IMBERT.
[Englisli version.]
Protocol No. 36. — Meeting of Friday, June 9, 1893.
THE Tribunal assembled at 11'30 a.m., all the Arbitrators being present.
Sir Charles Russell resumed his argument of the previous day.
At 1"30 the Tribunal took a recess.
On reassembling, Sir Charles Russell continued his argument.
At 4 P.M. tho Tribunal ndjourned until Tuesday, the 13th Juno, at 11'30 A.M.
Done at Paris, the 9th June, 1893, and signed :
The President
The Agent for the United States .
Tho Agent for Great Britain
The Secretary
ALPH. DE COURCEL.
JOHN W. FOSTER.
CHARLES H. TUPPER.
A. IMBERT.
Translation certified to bo accurate :
(Signed) A. Baitly-Blanciiabd
H. CUNIXGUAME,
•}
Co-Secretaries.
[6911
^
H
h ri-i
*' -ki'
'.0
C'i f
/
liii
?;,i.
Tnclosure 8 in xJo. 90. i -
Protoeole No. ZT.—S/ance du Mardi, 13 Jwin, 1893.
LE Tribunal s'est r^uni i\ 11 heures 80, tous les Arbitrcs dtant prdsents.
Sir Charles Russell rcprend et acb^ve son argumentation.
La stance est suspindae h 1 heure 30.
A la reprise, Sir Richard Webster oommenco sa plaidoirie pour la Qrande-Bretagne
8ur la question des R^glemcnts.
A 4i heiures la stance est lev6e et lo Tribunal s'l^oume au lendcmain ^
11 heures 30.
Ainsi fait h Paris, le 13 Juin, 1893, et ont sign^ :
Le Prdsident ALPH. DE COURCEL.
L' Agent des fitats-Unis . . . . JOHN W. FOSTER.
L' Agent de la Graude-Brotagne . . CHARLES H. TUPPEK.
Le Secretaire A. IMBERT.
[English version.]
Protocol No. ST.— Meeting of Tuesday, June 13, 1893.
THE Tribunal assembled at 11-30 A.M., all the Arbitrators being present.
Sir Charles Russell resumed and concluded his argument.
At 1"30 the Tribunal took a recess.
On reassembling, Sir Richard Webster began his argument on behalf of Groat
Britain on the question of Regulations.
At 4 P.M. the Tribunal adjourned to the next day, at 11"30 a.m, . >< . .
Done at Paris, the 13th June, 1893, and signed
The President
The Agent for the United States
The Agent for Great Britain
The Secretary
ALPH. DE COURCEL.
JOHN W. FOSTER.
CHARLES H. TUPPEK.
A. IMBERT.
Translation certified to be accurate :
(Signed) A. Baillt-Blakchard,
H. CUNTNOHAME,
}
Co- Secretaries,
Liclosure 9 in No. 90,
Protoeole No. 38. — Se'ance du Mercredi, 14 Juin, 1893.
LE Tribunal s'est rduni h 11 heures 30, tous les Arbitrcs dtant presents.
Sir Richard Webster reprend son argumentation.
La s^nce est suspenduc h 1 heure 30.
A la reprise, Sir Richard Webster continue sa plaidoirie.
A i heures la s^nce est levt^ et le Tribunal s'ajoume au lendeniain h 11 heures 30.
Ainsi &it h Paris, le 14 Juin, 1893, ct ont signd :
Le President ALPH. DE COURCEL.
L' Agent des fitats-Unis . . . . JOHN W. FOSTER.
L' Agent de la Grande-Bretagne . . CHARLES H. TUPPER.
Le Secretaire A. IMBERT.
1.:
11 hcurcs30.
83
[Knglish version.]
Protocol No. SS.— Meeting of Wednesday, Ju.ie li, 1893.
THE Tribunal assembled at 1130 a.m., all the jVjbitrotors being present.
Sir Richard Webster resumed his argument.
At 1*30 the Tribunal took a recess.
On reassembling, Sir Richard Webster continued his argument.
At 4 P.M. the Tribunal adjourned to the next day at 11*30 A.il.
Done at Paris, the 13th June, 1893, and signed :
The President
; The Agent for the United States .
The Agent for Great Britain
The Secretary
ALrn. DE COURCEL.
JOHN W. FOSTER.
CHARLES n. TUPPER.
A. IMBEllT.
Translation certified to be accurate :
(Signed) A Baillt-Blanchard.-I c ^g .
H. CUNYNGUAME, J "«^'-' ""'•"•
Inclosure 10 in No. 90.
Protocole No. 39. — Se'ance du Jeudi, 15 Juin, 1893.
LE Tribunal s'cst rduni h II heures 30, tous les Arbitres (Jtant prdscnts.
Sir Richard Webster reprend son argumentation.
La st5ancc est suspenduc i\ 1 hcurc 30.
A la reprise. Sir Richard Webster continue sa plaidoirie.
A 4 heures la stance est levde et le Tribunal s'ajournc au Icndemain h 11 heures.
Ainsi fait ti Paris, Ic 15 Juin, 1893, et out sign6 :
Le President ALPH. DE COURCEL.
L'Agont des fitats-Unis . . . . JOHN W. FOSTER.
L'Agent do la Grande-Bretagno ., CHARLES H. TUPPER.
Le Secretaire A. IMBERT.
[English version.]
Protocol No. S9.— Meeting of Thursday, June 15, 1893.
THE Tribunal assembled at 11"30 a.m., all the Arbitrators being present,
Sir Richard Webster resumed his argument.
At 1 30 the Tribunal took a recess.
On reasembling. Sir Richard Webster continued liis argument.
At 4, P.M. the Tribun.al adjourned to the next day at 11 a.m.
Done at Paris, the 15th June, 1893, and signed
The President
The Agent for the United States
The Agent for Great Britain
The Secretary . .
Traoslation certified to be aocurato :
(Signed) A. Baillt-Blanchabd,
H. CVNTNOHAHE,
V4
}
ALPH. DE COURCEL.
JOHN W. FOSTER.
CHARLES H. TUPPER.
A. IMBERT.
Co-Secretariet.
[691]
M 2
si,;
f£
84
liti'i
'MiM
'in
No. 91.
Mr. Tapper to the Earl of Itosebery. — {Received July 8.)
My Lord, Port*, July 7, 1893.
ME. PnELFS, in continuing bis argument on the 5th instant, dealt 'vdth the
question of the extent of the freedom of the sea. He then passed on to consider the
facts to which the abstract rules propounded by him were to be applied. After a
reference to the value of the sealing industry he proceeded to attack pelagic sealing,
and for that purpose entered into an examination of the evidence submitted by both
sides.
He first referred to the question of the number of female seals killed at sea, and
did not finish his observations on this subject until yesterday.
He next discussed the evidence respecting the dead pups found on the islands,
and concluded the day's proceedings vith a reference to the criticisms made on the
British side with regard to the management of the sealing industry on the islands by
the United States' authorities.
Mr. Fhelps announced that he hoped to be able to finish his speech to-day.
I have, &c.
(Signed) CHAELES H. TV^^^Hi.
No. 92.
Mr. Tapper to the Earl of Rosebery, --{Received July 12.)
My Lord, Paris, July 11, 1893.
IN his speech on the 7th instant Mr. Phelp'j concluded his argument against
pelagic scaling, and after the luncheon interval proceeded to deal with the question of
Ilegulations.
His remarks on this subject were directed to prove the inadequacy of the
measures preposod on the British side to preserve the seals from extermination.
He was unable to close his address before the hour of adjournment, and it was
arranged that the Tribunal should sit at 2 o'clock on the following day to enable
him to conclude.
On the 8th instant Mr. Phelps fini^'bcd his speech, and after an expression of
thanks on both sides to the President and other Arbitrators, the public sittings of the
Tribunal were brought to a close.
I have, &c.
(In the absence of Mr. Tupper) ,
(Signed) E. P. MAXWELL.
No. 93.
Mr. Tupper to the Earl of Rosebery. — {Received July 19.)
My Lord, Paris, July 18, 1893.
I HAVE the honour to transmit to your Lordship copies of the oflBcial Protocols
of the proceedings before the Tribunal of Arbitration, Nos. 4.0, 42, 43, 44, 45, AG,
and 47.
Owing to the necessity of making some alterations in the text, the 41st Protocol
has not yet been issued.
I iiave, &c.
(Signed) CHAELES n. TUPPER.
11
im.
80
Inolosure 1 in No. 93.
^
•v'
■ ' 11.
Protocole No. 40. — Seance du Vendredi, 16 Juin, 1893.
LE Tribunal s'est r6uni ii 11 houros, tous les Arbitros 6tant presents.
Sir Richard Webster reprend son argumentation.
La stonce est suspcnduo t\ 1 hcurc.
A la reprise. Sir Richard Webster continue sa plaidoirio.
En levant la s(^ance, h 3 heurcs 30, le President annoncu que, pendant I'abscnco
temporairc do Mr. Cunynghame, lo Tribunal autoriso Mr. Ilenry Hauueu, avocat, ii
i'em])lir aes fonctions.
Puis le Tribunal s'ajourno jusqu'au Mardi, 20 Juin, h. 11 hcures 30.
Ainsi fait t\ Paris, lo 16 Juin, 1893, et ont sign^ :
Le Prdsident ALPH. DE COURCEL.
L* Agent des l^tats-Unis . . . . JOHN W. FOSTER.
L' Agent do la Grandc-Brctagne . . CHARLES U. TUPPER.
Le Secretaire A. IMBERT.
.V.il
[English version.]
Protocol No. 40. — Meeting of Friday, June 16, 1893.
Ust Protocol
THE Tribunal assembled at 11 o'clock, all tho Arbitrators being present.
Sir Richard Webster resumed his argument.
At 1*30 the Tribunal took a recess.
On reassembling. Sir Richard Webster continucid his argument.
The President, in adjourning, announced that during the temporary absence of
Mr. Cunynghame, the IVibunal authorized Mr. Ilenry Hannen, Barristei'-at-Law, to
perform liis duties.
At 3'30 P.M. the Tribunal adjourned until Tuesday, 20th June, at 11*30 a.m.
Done at Paris, the 16th June, 1893, and signed :
The President
Tlic Agent for the United States. ,
The Agent for Great Britain
The Secretary . . , . . .
ALPH. DE COURCEL.
JOHN W. FOSTER.
CHARLES H. TUPPER.
A. IMBERT.
Translation certified to be accurate :
(Signed) A. BAiLiiY-BiANCiiARD,
H. Cunynghame,
■}
CO'Secrelanes.
Inclosure 2 in No. 93.
Prctocole No. 42. — Stance du Mercredi, 21 Juin, 1893.
LE Tribunal s'est r6uni k 11 heures 30, tous les Arbitres ^tant presents.
Sir Richard Webster pr^sente et propose de lire au Tribunal certains documents
qui viennent d'etre distribuds au Parlement Britannique et qui contiennent uno
corres|)ondance entre la Grande-Bretagno et la Russie au sujet des saisies de navires
Anglais par les croiseurs Russes dans la Mer de Behring.
Mr. Carter s'oppose h ce que ces documents soient considdrds commc ayant 6t6
d^pos^ dovant le Tribunal.
Aprds avoir consults ses coUfegues, le President declare que le Tribunal autoriso la
lecture de ses pieces, mais en se rdservant de d^ider ultdrieuremeut si dies serout
admises ou non comme moyen de preuve.
Sir Richard Webster lit alors un extiait des documents en question.
Mr, Chriitopher Robinson reprend ensuite son argumentation. . .
La stence est suspendue h 1 heure 30.
A la reprise, Afr. iZoftifMon continue et aohdve sa plaidoirie. jl- .«'<..>
ft Oil
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A 3 houres 60 la s^nce est lovce v.t lo Tribunal s'ajouruc au lendemaia i^
11 heures 30.
Ainsi fait h Paris, le 21 Juin, 1803, ct ont signd :
LePr^sidpnt ALPH. DE COURCEL.
L' Agent des fitnts-Unis . . . . JOHN W. FOSTER.
L' Agent de la Grande-Bretagno . . CHARLES H. TUPPER.
Le Secretaire A. IMBERT.
m
[English version.]
Protocol No. '12. — Meeting of Wednesday, June 21, 1893.
THE Tribunal assembled at 11*30 a.m., all the Arbitrators being present.
Sir Richard Webster produced, and proposed to read to the Tribunal certain docu.
ments recently presented to the Parliament of Great Britain containing correspondence
between Great Britain and Russia on the subject of the seizure of British vessels by
juiussian cniizers in the Behring Sea.
Mr. Carter objected to these documents being regarded as before the Tribunal.
The President, after consultation with his colleagues, announced that the Tribunal
would permit the documents to be read, but reserved to itself for further consideration
the question of their admissibility as evidence.
Sir Richard Webster then read an extract from the documents in question.
Mr. Christopher Robinson then resumed his argument.
At 1'30 the Tribunal took a recess.
On reassembling, Mr. Robinson continued and concluded his argument.
At 3'50 P.M., the Tribunal adjourned to the next day at 11'30 a.m.
Done at Paris, the 21st June, 1893, and signed :
The President . . . . . .
The Agent for the United States. .
The Agent for Great Britain . ,
The Secretary
ALPH. DE COURCEL.
JOHN W. FOSTER.
CHARLES H. TUPPER.
A. IMBERT.
Translation certified to be accurate :
(Signed) A. Baillt-Blanchard, Co-Secretary,
Henet a. Hannen, Acting CO'Secretary.
Inclosure 3 in No. 93.
Protocole No. 43. — Seance du Jeudi, 22 Juin, 1893.
LE Tribunal s'est r^xmi h 11 heures 30, tons les Arbitres 6tant presents.
L'Honorable Edward J. Phelps commence sa plaidoirie pour les Etats-Unis.
La stance est suspendue t\ 1 heure 30.
A la reprise, I'Honorable Edward J. Phelps continue son argumentation.
La stance est lev^e h 4 heures, et le Tribunal s'ajoume au lendemaia ^
11 heures 30.
Ainsi fait h Paris, le 22 Juin, 1893, et ont sign6 :
Le President ALPH. DE COURCEL.
LAgent des Etats-Unis .. ., JOHN W. FOSTER.
L'Agent de la Grande-Bretagne . . CHAS. H. TUPPER.
Le Secretaire A. IMBERT.
[English version.]
Protocol No. 42.— Meeting of Thursday, June 22, 1893.
'!■!-•
THE Tribunal assembled at 11*30 a.m., all the Arbitrators being present.
The Honourable Edward J. Phelps began his argument on befaalf of the United
States. : t^- US 1 J !-')i-fx/ja jjlI
At 1*30 the Tribunal took a recess. . A .iR lOyiicjo. si A
87
1 lendemaiu i^
On reassembling, the Honourable Edward J. Phelps continued his argomont.
At 4 P.M. the Tribunal adjourned to the next day at 11'30 A.M.
Done at Pariu, tho 22nd Juno, 1893, and signed :
The President ALPH. DE COUROEL.
" ' Tho Agent for the United States. . JOHN W. FOSTER.
■^ 1 The Agent for Great Britain .. CHARLES II. TUPPER.
' The Secretary A. IMBERT.
Translation certified to be accurate :
(Signed) A. BAlLLY-BiiANOHABD, Co-Secretary.
ilENRY A. Hannen, Acting Co-Secretary.
Inclosure 1 in No. 93.
Protoeole No. 44. — 8/ance du Vendredi, 23 Juin, 1893.
LE Tribunal s'est r6unl h 11 heures 30, tons les Arbitres 6tant pr&ents.
L'Honorable Edward J. Phelps reprend son argumentation.
La s^uioe est sxispendue h 1 heure 30.
A la reprise, VHonorable Edward J. Phelps continue sa plaidoirie.
A 4 heures la stance est levde ot le Tribunal s'ajourne jusqu'au Mardi, 27 Juin, &
11 bcuresSO.
Ainsi fait k Paris, lo 23 Juin, 1893, et ont signd :
Le President ALPH. DB COURCEL.
L* Agent des fitats-TJnis . . . . JOHN W. FOSTER.
L'Agent de la Grande-Bretagne . . CHARLES H. TUPPEE.
LcSecrdtairo A. IMBERT.
. V,
^ : '.8!
I
[English version.]
Protocol No. 44. — Meeting of Friday, June 23, 1893.
THE Tribunal assembled at 11-30 a.m., all the Arbitrators being present.
The Honourable Edward J. Phelps resumed his argument.
At 1'30 tho Tribunal took a recess.
On reassembling the Honourable Edward J, Phelps continued his argument.
At 4 P.M. the Tribunal adjourned until Tuesday, the 27th June, at 11'30 A.M
Done at Paris, the 23rd June, 1893, and signed :
The President
The Agent for tho United States ,
The Agent for Great Britain
The Secretary
ALPH. DE COUROEL.
JOHN W. FOSTER.
CHARLES H. TUPPER.
A. IMBERT.
Translation certified to be accurate :
(Signed) A. BAiiLY-BiANonARD, Co-Secretary.
Henry A. Hannen, Acting Co-Secretary.
Inclosure 5 in No. 93.
Protoeole No. 4Ji.— Stance du Mardi, 27 Juin, 1893.
LE Tribunal s'est r^uni si 11 heures 30, tous les Arbitres 4tant prdsenta.
L'Honorable Edward J. Phelps reprend sa plaidoirie.
La s^nce est suspendue h 1 heure 30.
A la reprise, VHonorable Edward J. Phelps poursuit son argumentation.
i
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A 4 lioures la sdanco est lovde ct lo Tribunal •'^jourae ai. londomain i
11 houros 30.
Ainsi fuit h Paris, lo 27 Juin, 1803, ot ont sign6 :
Lc I'nSsidcnt ALPH. DE COURCEL.
L'Apont des Rtnts-Unis . . . . JOHN W. FOSTER.
L' Agent do la Grando-Brotagno . . CHARLES H. TUPPER.
Lo Secretaire A. IMBERT.
[English version.]
Protocol No. ^5,— Meeting of Tuesday, June 27, 1898.
THE Tribunal assembled at 11"30 a.m , all the Arbitrators being present.
The Honourable Edward J. Phelps resumed his argument.
At I'SO the Tribunal took a recess.
On reassembling the Honourable Edward J. Phelps continued his argument
At 4 P.M. the Tribunal adjourned to the next day at ll'SO a.m.
Done at Paris, the 27th June, 1893, and signed :
The President
The Agent for the United States .
Tlio Agent for Great Britain
The Secretary
ALPH. DE COURCEL.
.TOHN W. FOSTER.
CHARLES H. TUPPER.
A. IMBERT.
Translation certified to be accurate :
(Signed) A. BAii.T.r-BLANOUAR.D, Co-Secretary.
Henbt a. Hannen, Acting Co-Secretary.
Inclosuro 6 in No. 93.
Protocole No. 46. — Seance du Merrredi, 28 Ju!n, 1893.
Ill
]■;
LE Tribunal s'est rduni i\ 11 heures 30, tous les Arbitres dtant presents.
Mr. H. Cunynghame roprend ses fonctions do Co-Secrdtaire, qui avaient Hi
exercdes provisoiremcnt par Mr. Henry Hannen.
UHonorable Edward J. Phelps continue sa plaidoirie.
La sdanee est suspenduc i\ 1 hcure 30.
A la reprise, V Honorable Edward J. Phelps poursuit son argumentation.
La sdance est lcv(5c il 4 lieurcs et lo Tribunal s'ajourne au lendemain &
11 heures 30.
Ainsi fait i\ Paris, le 28 Juin, 1893, et ont signd :
I^ President. . . . . . . .
L' Agent des £tats-Unis
L'Agent de la Grande-Bretagne . .
Lo SecnStairc
ALPH. DE COURCEL.
JOHN W. FOSTER.
CHARLES H. TUPPER.
A. IMBERT.
[English version.]
Protocol No. 46. — Meeting of Wednesday, June 28, 1893.
THE Tribunal assembled at 11*30 A.M., all the Arbitrators being present.
Mr. H. Cunynghame resumed his duties of Co-Secretary, which bad been fulfilled
temporarily by Mr. Henry Hannen.
The Honourable Edward J. Phelps continued bis argument.
At 1*30 the Tribunal took a recess.
On reassembling, the Honourable Edward J. Phelps continued his argument.
li
M
At '4 P.M. the Tribuiml adjourned to tht< next day at 113U a.m
])ono ftt Paris, tlio 28th June, 1893, and signed :
The President
The A^ent for the United States ,
Tho AKent lor Oreat Dritain
Tlio Secretary
Translation certified to he acoumto :
(Signed)
ALIMI. DE COURCEL.
JOHN W. FOSTER.
CIIARLKS II. TUPPER.
A. IMBERT.
A. Bailly-Blancuard,"! -^ o
11. CUNVNOHAMK, ' \ Co-Secrelanes.
InoloHuro 7 in No 93. *
Protocole No. n.—St^anrr uu Jeudi. 29 Jtiln, 1893.
LE Tribunal s'est r^uni i\ 11 heures 30, tons les Arbitres «'!tant presents.
L'Honorable Edward J. Plielpn reprend son arg;umontation.
La seance est susjiendue u I heiin^ 30.
A la reprise, V Honorable Edward J. Phelps continue sa plaidoiric.
A 4 heures la seance est lev6e et le Tribunal s'njourne au Lundi, 3 Juillct, h
11 heures 30.
Ainsi fait li Paris, le 20 .Tuin, 1893, ot ont signi^ :
T/) Pr^^sidcnt. ,
L' Agent des l<]tats.Unis .. ,.
L'Agent do la Grande- Bretagno . .
Lo Secretaire
ALPII. UE COURCEL.
.lOlIN \V. FOSTER.
CUARLES IL TUPPER.
A. IMBERT.
[English version.]
Protocol No. 4:7. —Meeting of Thursday, June 29, 1893.
THE Tribunal assembled at 11'3() a.m., all tlic Arbitrators being present.
The Honourable Edward J, Phelps resumed his argument.
At 1'30 the Tribunal took ii recess.
On reassembling the Honourable Edward J. Phelps continued his argument.
At ^ P.M. the Tribunal adjourned until Monday, tho 3rd .luly, at 11"30 A.M.
Done at Paris, the 29th .lune, 1893, and signed :
Tho President ALPU. DE COURCEL.
The Afj-ent Tor the United Sl^i'cs . . JOHN W. FOSTER.
The Ag(Mit Tor Great Britain
Tlio Secretary
Translation certified to !»! accurate :
(Signed) A. Baillt-Blancuakd,
II. CUNYNviHAME,
CHARLES n. TUPPER.
A. IMBERT.
'Ico-
Secretaries.
No. 94.
Mr. Tapper to the Earl of Rosebery. — {Received July 26.)
My Lord, Paris, July 25, 189.^.
I HAVE the honour to transmit to your Lordship copies of the official Protcjtol
No. 41 of the proceedings before the Behring Sea Tribunal of Arbitmtion.
I have, &c.,
(Signed) CHARLES U. TUPPER.
Inclosurc in No. 94.
Protocole No. 41. — iSe'ance du Mardi, 20 Juin, 1893.
LE Tribunal s'est r6uni a 11 heures 30, tous les Arbitres ctant presents.
Sir Richard Webster continue son argumentation.
L'Agent de Sa Majeste Britanniquc depose devant le Tribunal, au nom do son
Gouvernoment, un projet do lli^glcments dont le textc suit : —
[691] N
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" Stytements,
•i\v
"1. Tout b&timent employ^ li la cliosse dcs phoquos en mcr dcvra sc pourvoir
lioenceB & I'un dea ports indt(iu6s «i*dc88ous : —
" Victoria, dans la Provint'O do la Colomhie Britanni^uo ;
" Vancouver, dans la Province do la Colonvhic Jlritaiiiiiquc ;
"Port Townsond, dans lo Territoire de "NVashinifton, i^jtats-Unis;
" San-Francisco, dans I'^tat dc Culifomic, Rtnts-Unis.
" 2. Ccs licences no scront accordoes qu'jl des bAtimcuts ii voiles.
"3. II scnv etabli autour dcs lies Pribiloff uno zoiin do 20 millos i\ I'infi^rioiir dc
laqucllo la chasso des phoques sora intcrdito on touto saisou.
" 4. II y aura, du 15 Septembro au 1" JuUlct, uno saison do cloture, pendrint
laquello la cuasso dcs phoquos no sera point permiso dans la Mcr dc liohrin^.
" 5. II ne pourra 6tro fait usage ni do carabines ni do filots pour la clinsso ilos
phoques en mer.
" 6. Tout b&timeat omployd h la cliasse des phoques dovra porter un pavilion
dlstinctif.
" 7. Lcs patrons des b&timents employes h. la chasso des phoquos devroiit tonir un
journal ou ils rel6veront aveo soin lcs 6poqueH ct lcs oin])lacenicnts de la cliasse, lo
nombre et lo soxo des phoques captures ; ils dovront touir un journal ou ils rol^venmt
avec soin lcs 6poques ct les oinplaccments de la chiisse, le nomhro et lo sex(> dos
phoques captures ; ils devront fairc fiijurcr un extrait diulit journal dans lour journal
de bord.
" 8. Les licences tomberont en di3chcanco en cas d'infractiouauxdifs llt'^gh'ineiits."
La seance est susponduc t\ 1 hcure 30.
A la reprise. Sir Richard Webster reprond ft adu'^ve sa plaid()iri.\
L'Agcnt dc Sa Majesty Britanniquo dc-poso alors dovaiit Ic Tribunal le (lociimciit
ci-dessous, qu'il jjresento, d'accord avcc I'Ai^ent dcs {"Itats-Unis, jjour etrc suhsfitm'' ;ms
documents soumis antcrieuremcnt au Tribunal rclativcment aux Conclusions do I'liit :—
" Conclusions defalt propon^es par V Agent de la Grande- liretuijnc, accvplc'fs par I'Ageiit dcs
£tats-Unis, qui en admet I' exactitude, etsoamises ii I'exuinen du Trihunol d'Arbitrw/r.
" 1. Que lcs divcrscs visites et saisies de navircs ou de inavcliandiscs el It s
diff^rcntes arrcstations de patrons et d'equipagcs, nientionnees respect ivonicnt ibuis
I'Anuexe au Mcmoire Britaunique, pages 1 h. (50 indusivemeut, ont t''ti'> I'liitiJs ]i;ir
autorit^ du Gouvernemont des fitats-llnis. Los questions se i'a})])oitant a la viilciu'
desdiis navires ou de leur contenu, ensemble ou sepirement, et la question do savoir >i
les navii'es designtis dans rAuucxo au ilemoire Britaunique, ou certains d'entre eux.
dtaient, en totality ou en partic, la propriete de citoyens des fitats-irnis, ont (He
retirdes et n'ont pas et<5 I'objet de rexameu du Tribunal, sous cette reserve que lcs
Etats-Unis garde le droit de soulever ces questions ou quelqu'uuo d'entre ellcs, s'ils Ic
jugent a propos, dans toute negociation ulterieure pouvant engager la responsabilite du
Gouvernement des Etats-Unis, en ce qui touche le payement des sijuunos meutiouueps
dans TAnnexe au M^moire Britannique.
•' 2. Que les susdites saisies, sauf en ce qui conoeme lo " Pathlluder," saisi h
Neah Bay, ont dt6 effectu6es dans la Mer de Behring, aux .listances de la cuto
mentioundes au Tableau ci-annexd, sous la lettre (C).
" 3. Que lesdites visites et saisies dc navires ont ete fait par des navires arim's
pcur le service public des Etats-Unis, dont les Commandants avaient reyu, toutes les
fois qu'elles ont eu lieu, du Pouvoir Executif du Gouvernement dos Etats-Unis, dcs
instructions dont nu « omplairo est reproduit en copio ci-apres (Annexe A), les auties
cxeraplaires desdilcs instructions dtant conibrmes u ee modulo snr tons les ])oints
essentiels ; que, dans toutes les occasions on des poursuites eutamees devant les Cours
de District dcs Etats-Unis ont dte suivies de condamnations, ees poursuites ont debute
par le dep6t d'un acte d'accusation, dont une copie est annexee ci-dessous (Annexe !?),
les actes d'accusation deposes dans les autres procedures etant semblables a co modeie,
en tons points essentiels; quo les actes ou delits, allegues comme motifs d(! ecs visit(\s
ct saisies, ont ct^ accompli ou commis dans la il(>r de Behring, aux distances de la
c6te ci-des8us indiquees ; ct que dans tons les cas oii unc condamnation a etc prononei'e,
excepte ceux oil les navu'cs ont 6t6 rcliiches aprt>s condamnation, la saisio a I'to
approuvce par lo Gouvernement dcs Etats-Unis; et que, dans lcs cas ou lcs navircs ont
etc relilches, la saisie avait etc opdrco par autorito du Gouvernement dcs I'Jt^its-Unis,
que les amendcs ct emiuisonncments susdits ont etc prononccs a raison d'infractions
aiiv liiis nntionnles i
iiHN djstnners de la
"1.. (^ue les di
oiijdiiriiniit II ccrtiii
ont I'te donnes jkii
C'uiiiniandants uvaii
coid'orino s a celles
CCS iiijonetions iHai
pi
rndre cette ehnssi
inent dcs Ktats-Uni
" 5. Que les Ci
(■U: entaraeos ou sui
ot liiit mention dr
ineliisivemcnt, avail
1, Aniiraute, y comp
|),'U'ticuli(!r, la sontci
dans I'acte d'accusa
(I'our le texto ilo
I'liit ini'sentoeB par I'Af.
I,;i Tnlilo ci-di'ssi
]ilifi(|ui't<, i|iii out I'tr s;i
jHSr, I'l IH'.IO. ct 111 ili-^tM
indii|i"' 1, I'll ce ijiii
ti'liiol^iiilf;'!' (Ill ("ciliiln:
S'liat : l)(icuMiriits Km
iiiiviiiH •• Aniiii Ituck," ■
(aiiir Slicpiivd, (le la I
pp. S0-S2. N'uir Ajipc
Niiiu (lu Nnviic.
DllK
Cm Ilk nil
I-
Tlimnton
1"
Ouwiiril
. ,
•J A
Kaviiuritc
••
2 \
Annn Beck
..
23
W. r. Scynard
• •
9 J
Dolphin
• •
12 J
Uince ..
..
17 J
Alfred Adams
• •
10 A
Ada . .
• •
25 A
Triiiroph
• •
4 A
Juanitn
• •
31J
Pathfinder
• •
29 J
Triumph
• •
11 J
Blnck Diamond
• •
IIJ
Lily . .
• •
6A
Ariel . .
• •
30 J
Kate ..
• •
13 A
Minnie..
• •
IS J
Pathfinder
• t
27 J
* La Bale de Neah
comittiB par lui das* la M
[691]
m
•WW lois iintioiiiilcN dcs Ktals-Unin, inlrnrtioiis toutcs commiscs dans la Mor (1»> Hi'liriug
iiuN ilistniices lie In oAtn ci-<li'ssiis iudiqiuJcs.
•' 1<. (^in- Ics (lill.roiits ordrcs iiKditioriiu'tsdans I'Aniicxo ci-jointo sons la Icttrc (C),
I'lijdiir'iniit ii rcrtiiiiiH navires do quitter la Mcr do Beliriiii,' on do no pas y ontror,
onl lit"' dontu'.s par dos navires arnios pour lo service public <les Ktats-lJnis, dont lc8
C'uiiiuiandants avaiont, toutes Ics fois qu'ils ont donni: ccs ordres, des instructions
fonrorniosu cellos nicntionnees ei-dcssns, sous lo No. 3, ot quo les navires qui ont rcyu
{cs iiijonctioiis otaient occupes i\ la cliasso dcs pluiques ou faisaicnt route pour onti-e-
piriulre eotto eliasse, ct quccctto I'acjon do proceder a ct6 sanctiounde par lo Oouvcrno-
nu'iit des Ktats-Unis.
" f). Que les t'ours do District dos lilats-Unis devant Icsquellcs des poursuites ont
rt6 cntameos on suivios pour ohfcnir des condamnations contro los navires saisis dont il
est I'ait mention dans I'Aunoxo au Monioiro do la Orande-Breta^ne, pages 1 Ji 60
iiiclusivemcnt, avaient tous droits do juridiction et pouvoirs appartcnant aux Cours
( Amiraute, y conipris la juridiction do Trilmnaux do Prises, mais que, dans chaquocas
j)ai'ti( iili(!r, la sontonce prononc^o par la Cour s'appuyait sur les causes mentionndes
dans I'aeto d'acuusation."
II'
'#1
Annexed (A) ot (II).
( I'mir It' texto (1« res Annexes, voir lo Protocolo itS, Annexes (A) et (B) aux Conclusions do
I'ail ini'sontt'eH jmr I'AgiJut des Etuts-Uuis.)
Annexe (C).
I,:i 'rnl>lo ci-il(swniiti contient Ics noniH des navires BritaniiiqucB omployi's ii la clmsso des
|i1k>i|iii'n, ijiii ciiit vtv suisJH nil uvertis par les oroiHciirrt du scrvico des UniianeH ilcs fttatB-Unis, da
issii i'l l.s'.K). L't 111 ili'<t!iiicc apjiioxiinativc do la tcire oil cus suisioti out uii lieu, Com diHtances aont
iiiili(ii"' ■", "'U (•(■ qui cuucfriio lus iiavii'DS "Carolena," " Th.)rnton," et "Onward," d'apris lo
ti'iuinf;tin>;c ilu < 'oiMiiiMiMliiiit Ahliuv, do la Mariiio dps I<;ti>.t8-Unis. (Voir 50" Cougr^s; 2°StjS8ion;
.S'li.it : UiicuiiiiiitsKxii'utitM, No. 10(i, pp. 20, 30, ot 40.) KIIch sont indiquoeB,oii ooquiconcernoles
iiiiviiiH •■ Aiiriii ISuck," •• W. I'. Siiyward," " Doliiliiii," ot "(Jraco," d'aprus lo temoignage du Capi-
hiiiir Slic]iai(I, dc la Marino diiTrosor dcs Kliits-UiiiN. (Livre Uluo, liltatH-UniB, No. 2, 1390,
jip, so H2. \'uir A])|ioii(lirc iiu -Mi'inoirt! Uritniniiiiuc vol. iii.)
Navirc des
Ndiii (lu Navir
'.
Date do la SniHic.
Distnnci' npproxiniulivc do Torre au moment
do la Saisic.
Etats-Uuii
qui a fait la
Saiaie.
rniiiliim
• •
1" Aoi'it, 188(i ..
75 inilli'H , , . . . . . • • •
Corwin.
Thointon
, ,
1" Aoiit, 1R86 ..
70 ,, ,, ,, .. •• ••
Idem.
Ouwiird
^ ,
•-' A<>'\, 1886 ..
115 „ .. .. .. .. ••
Idem.
VnvduriU'
••
•2 Aout, 1880
Averti par le " (Jorwin," i pen pr^s dans la mime
position que lu " Onward."
Anna Beck
, ,
2 Juillct, 1887 ..
no luillcH . . .. ., .• • •
Rush.
W. I'. .Soyward
• •
9 Juillet, 1887 ..
59 „
Idem.
Dolphin
• •
12 Juillet, 18h7 ..
•10 „
Idem.
Uince . .
• •
17 Juillet, 1887 ..
96 , . . . . I . • • • •
Idem.
Alfri-d Adams
• •
10 Aout, 1887 ..
ti2 ,, •• «« «• •• ••
Idem.
Adn ,.
• •
'.'5 Aout, 1887
15 „ ..
Bear.
Triumph
• •
4 Aout. 1887 ..
A>orti par Ir " Hush " de no pas cntrer dniis la Mer
(le liclning.
Juftnita
• •
SlJuillct, 1889 ..
66 niilles .. ., .. . . ••
Rush. ■
Pathfinder
29, Juillet, 1889 ..
50 „ . . . . . . . . • •
Idem.
Triumph
• •
11 Juillct, 1889 ,.
Avcrli par Ic '■'Rush" d'nvoir a quitter la Mcr de
lU'lirin^. — Position au moment de ravcrtisaement : (?)
Black Diamond
• •
11 Juillet, 1889 ..
35 uiillca .. ., .. .. ••
Idem.
Lily ..
• •
6Aoat, 1889 ..
60 „ ., •• *• •• ••
Idem.
Ariel , .
• •
30 Juillet, 1889 ..
Averti par lo "Hush" d'nvoir A quitter la Mer de
Bchring.
Kate ,,
• •
13Aoiit, 1883 ..
Averti par le " Rush " d'avoir il quitter la Mer de
Mehring.
Minnie..
,,
15 Juillet. 1889 .,
65 milles .. .. .. •• ••
Idem.
FathSnder
• •
27 Mars, 1890 ..
Saisi dans la Tlaie dc Ncab.* .. •• ..
Corwin.
* La Baie de Neah est sitn^e dans I'^tat de Washington, et le " Pathfinder " y a kik aaiai, du chef de diliti
commit par lui dant la Mer de Dehrins I'aonie prfieMente. Ce b&timent fUt Tcl&oh6 deux jours plus tard.
[691] N 2
>-^
1 3. m
■J'*-'' Ii
02
f^( I'rAi vi
Mr. Christopher Robinson commence ensuitc son argumentation sur la question des
Rdglemouts.
La suanco est lov(5e i\ 4 licures ct le Tribunal s'ajourne au Icndemain ii
11 heurcs 30.
Ainsi fait a Paris, lo 20 .Tuin, 1892, ct out signed :
Le President ALPIL DE COURCEL.
L'A£?ontd.'sfitats.ruis .. .. JOHN W. FOSTER.
L' Agent de la Graudc-Bretagnc . . CILVRLES H. TUPPElt.
Le Secretaire A. IMBERT.
.#
[English version.]
Protocol No. 41.— Meeting of Tuesdatj, June 20, 1893.
THE Tribunal assembled at 11'30 a.m., all the Arbitrators being present.
Sir Richard fVcl)ster continued his argument.
The Agent of Her Britannic Majesty laid before the Tribunal a scheme of Regu-
lations worded as follows : —
" Regulation.t.
" 1. All vessels engaging in pelagic sealing shall be required to obtain licences at
one or other of the following ports : —
" Victoria, in the Province of British Columbia.
" Vancouver, in the Province of British Columbia.
" Port Townsend, in AVasbington Territory, in the United States.
" San Prancisco, in the State of California, in the United States.
" 2. Such licences shall only be gmnted to sailing-vessels.
"3. A zone of 20 miles around the Pribyloff Islands shall be established, witliin
which no seal hunting shall bo permitted at any time.
" 4. A close season, from the 15th September to the 1st July, shall be establislicil,
during which no pelagic sealing shall be permitted in Beliring Sea.
" 5. No rifles or nets shall i)e used in pelagic sealing.
" r». All seaJing-vessels shall be reqi\ir(>(l to carry a distinguishing flag.
"7. The masters in charge of sealing-vessels sliall keep accurate logs as to llio
times and places ol' sealing, tiie uuiulior aiid sex of the seals captured, and shall cuter
an abstract thereof in their ollieial logs.
" 8. Licences shall l)e sulijeet to t'orfeituro for breticb of above Regulations."
At I'.W, the Tribunal took a recess.
On ivassembling, ISir Richard Webster resumed and concluded his argument.
The A!i,ent of iter Britannic Majesty then present(!d to the Ti ibunal the fo'.I;)v.iiii;
paper, which by agreement with tlie Agent of the United States, was submitted as a
substitute for the papers heretofore presented as to Pindings of fact: —
" Findings of fart propo.sed hij the Atjeni of Great Britain, and agreed to an proved luj the
Agent for the United l^tates, and sidtniitted to the Tribunal of Arbitration for its roii-
siderution.
" 1. That the several searches and seizures, whether of ships or goods, and tlio
several arrests of masters and crews, respt'ctivc^ly mentioni'd in the Schedule to the
British. Case, ]). 1 to (iO inclusive, were made by the authority of the United States'
Government. The questions as to tii(, value of the said vessels or their content*
or either of them, and the question as to whether the vessels mentioned in the Schedule
to the Britisii Case, or any of tiiem, were wiiolly or in part the actual property of
citizens of the United States, have been witlidrawn from, and have not been considered
by, the Tril)unal, it being understood tliat it is open to the United States to raise
these questions or any of them, if tiiey think lit, in any future negotiations as to tlie
liability of the United Statos' Government to pay tlic amounts mentioned in tlie
Schcdide to tin; British Case.
'' 2. That the seizures aforesaid, with the exception of the " Pathfinder," seized at
Neah Bay, were made in l{ehruig Sea at the distances from shore mentioned in tlie
Schedule annexed lien^tu, marked (C).
" 3. That the said several searches and seizures of vessids were made by puhlie
armed vessels of the United States, the Commanders of which had, at the several times
when they were made, from the Executive Deparlmeut of the Goverameut of the
in licences at
n for tt.i roil-
9a
United States, instriu-tions, n copy ol" one ol" whicli is annexed licrcto, marked
(A), !«nd tliat the otiicrs were in all suhstniitial respects the same: that in all
the instances in which proceedings were had in tlie District Courts of tho United States
iciiulting in condemnation, such proccediiii^s were hegiin hy tlic (iliiin' oi' lihels, a coj)y
of one of which is annexed iiereto, niari\ed (H) and that the lihels \a tiie other
])i'oceedinf;s were in all suhstantial respects tiu; same : ii;at the alleiicd acts or olVcnccs
for which said several searches and seizui-en were made wen; in each ease doiu! or com-
mitted in H('hriu;j; Sea at the distance from shore aforesaid : and tiiat u. each ease in
nhieti sentence of condemnation was passed, except in those; eases when tlu; vessels
were released after condemnation, the seizure was adopted hy the (Jovcrnment of the
United States : and in those cases in Avluch the vessels were released, the seizure was
made hy tho authority of the United States. That tlie said tines and imprisonments
were for nllciyed bniaches of the municipal laws of the United States, winch allei!:ed
lircaclies v/ere wholly (rommitted in Behrina: Hea at the distances from the shore aforesaid.
" 1. That the several orders mentioned in I In; ScIuhIuIc annexed hereto, and marked
(C), warninf; vessels to leave or not to (>nter Jiehrinij,' Sea, were made hy puhlic armed
vessels of the United States, tlie Coinmaiiders of wliieli had, at the several times when
tliey were ijiven, like instructions as mentioned in i-'indini;' .'{, ahovt! proposed, anil that
the vessels so warned were eniJiajjed in sealini;' ov [jrosecntini;' voyages for that purpose,
and that such action was adopted by the (lovernment of the United States.
" 5, That the District Courts of the United States in which any proceedinijs w(!re
Lad or taken for the purpose of condeinnini,' any vessel seized as mentioned in the
Si'licdnleto the Case of fireat Britain, ])p. 1 totiO inclusive, had all the jurisdiction and
powers of Courts of Admiralty, incliidinL;' tiie I'rize .jurisdiction; hut that in each
eivse the sentence pronounced hy the Court was haaed upon the grounds set forth in the
libel."
,\||1ICX''H (A) Mixl (IS).
(Kiir the U',\t of tlii'Mc ,\iiiK'xi'K. Hi-f I'rotoci)! ;i."), Amihxok (.\) iiiid (I!) to tlic I'liiilingh of fact
Bulniiittcd liy the AkciiI nf IIk; Uniti.Ml Stiiti.'K.)
.Viincx ((").
'i'lic fiilluwiiig Tiililc nIidwh thi' imincM of llic llritiNh sriilinij;. vessels Nii/.ed or w.inicd hy
I'nite.l States revenue eni'/.ers, iKHd '.)(), uiid tlie iiiiiioxiniiite ilistaiice from l;iiid wlien neize'l.
Till' ilistiiiiees iiwsij^iieil in ilie eiises of the •• (Jiiroleim," •■ 'riioriitoii," iind " On ward " arc on tho
aiitliority of Uiiiteil States' \aval ( 'oiiinianiler AMiey. (See .'lOlh Ooiif^ress. 2ii<l Session. Senate
I'.xiciitive lli.eiiineiits. No, l(l(i. ji]i. :.'(), M. and 40.) The ilistanies assij^ned in the eases of the
"Ainia lte(:k," •* VV. I'. Savwanl," " i)oi|iliin," and "(iniee" are on the authority of Captain
Sliqiard. United StateiV fi.Ival Marine, (lijue liool;, Inited .States, .No. ;.', IX'.IO, |ip'. SO. S2. Seo
.Vlipeiidix, vol. iii.)
Ilnitod Sintea'
Niiiiie of Vcsspl.
Dale (if Si iijurc.
A])pru\iiiialp dist.ince from Land wlion Hi'izcd.
Vessel makini;
Seizure.
Curuluna
AumuKt 1, ISHIl ..
7J miles
t'orwin.
Tlioriitoii
August 1, IHKIi ..
70 ,
, ,
Corwiii.
Onward
Annust 2, 1880 ..
ll.i „
, ,
Corwin.
"•"nvourilc
Au-ust '2, IHKIi ..
Wnriii'd liy " Corwiu " in about Hiime po.sitioii
" Oiiwniil,"
ns
Anna lii'ck
.rulv •-', 1887
no niiU's , . . , . , . .
, ,
Hush.
W. V. Suywnnl
.ttil'v !>, 188/
■V.I „
, ,
Ki>,sli.
llnlphiu
July 1-2, 1887
40 „
, ,
Kuiili.
draw . .
Julv 17, 1887
90 „
, ,
Uusli.
Alhi'il Ailams
Aujiii^l 10, 18S7 ..
02 „
, ,
I'.iisli.
Alia . .
Aii(j;u»l •-'.■), 188" .
l") ,.
, .
Dcir.
Triumph
Au|;ii»t <!, 1887 ..
Warned liy" Itusl:" not to enter Kchriii^ >Si'n,
Juaiiitu. .
Julv .11, 188!)
liO niik's , , . , . . ..
« .
Rush,
Pntlifiiulor
Julv 'ill, 188;i
fiO „
,. ,
Uu8h.
'lriuni])li
.July 11. 1881)
Ordered out of Holirin;: Sea by " Rush, (?) As
position when warned.
to
Ulark Diamond
July 11, 1889
:t ') m'U'8 . , . . . ,
,,
1 ua)i.
Lily ..
August 6, 1889 ..
00 „ , , . . . , . ,
. ,
U i»)i.
Aii'd ..
Julv 30, 1889
On' ,ed out of Hcliring Sen by " ttush."
Knti' , .
August 13, 1889 ..
Ditto, ,. .. ,. ..
• •
Ri sh.
.Minnie .
July 15, 1889
0,5 mill's . . . . . , . .
*•
Ituili.
I'athfindiT
March 'i7, 1890 ..
Seinou ia Xrali Buy*
• •
Cur vin.
-4 I 1
• Nrah Bay is in the State of WnshinRton, and the " I'nthfinder " wM it'ized there on charges inadc against
her in Bchring Sen in the previous year. She was released two days later.
{)!•
Mr. (Jhrklopher Robinnon thou l)0!,'!\ii liis arn'imuMii
At -l P.M. the 'riibunal adjoiinu'd to tlio mxt day
Done !it Paris, \\w 20th June, 18!)-3, .iiid sis^iu'd :
The Prcsidont
'ilie A^ciit for th(» United Slates. .
The Af^ent for Ci real I'ritain
Tlic Secretary . . . . . .
on (he (luestionof IJeguiiiiidiis,
, at ll-ao A.M.
ALPil. T)E COUPCKI..
.)UIIN \\\ l-^OSTEU.
CIIAKLES 11. TUPl'Klt.
A. IMPKllT.
Tmnslation certified to bo aecurale:
(Signed) A. J{.\ii,i,\-]?r,ANCiiAiii), Co-Sn-rvtnry.
JIenky a. IIannkn, Actbuj Co'Srcretan/.
No. 95.
Mr. Tupper to the Earl of Ronehery.^—ijieceivpd July 2(».)
My Lord, Paris, July 25, 18i)3.
I HAVE the honour (o re])ort that on the cdoso of the United States' argument
on the 8th instivnt, I took immediatt? steps for dispensing with the services of as many
as possible of tlie statT employed here during this Ai'bitration.
Mr. Piggott and Mr. l-'i-onde accordingly left on the Oth instant.
In eoiisoqueuce, however, of the necessity of having in readiness fvullior
information on certain points coinu'ctcd with seal-life, T deemed it advisable to retain
Dr. Dawson's services lb. a short period longer. I also thought it best tliat
Mr. Charles Russell should i-eiuaiu for the purpose of assisting Dr. Dawson, and ef
tinisliing the revision of the shorthand notes.
Dr. Dawson having completed his Avork left hero on flio 21st instant, and
Mr. llussell took his de{)arture on the following day.
The only members of the stalV now reniainiii.r 1,. , ' Mr. Maxwell and
Mr. Pope.
T have, ^c,
(Signed) ClIAPLES II. 'J'Ul'PEl!
No. 96.
Mr. Tupper to the Earl of lloaebery. — {Received August 5.)
My ijord, Paris, August 1, ISiKI.
I HAVE the honour to transmit copies of the ofTicial Protocols Nos. 48, i!), iiQ,
51, 52, and 53, recording the proceedings before the Behring Sea Arbitration Tribimal.
I have, &c.
(Signed) CHARLES 11. TUPPER.
Inclosure 1 in No. 96.
Protocole No. i8.— Seance du Lundi, 3 Juillet, 1893.
LE Tribunal s'est reuni a 11 heures W, tons les Arbitres 6tant presents,
L'Honorable Edward J. Phelp.i reprend sa plaidoirie.
La si%nce est suspendue a 1 heuro .'iO.
A la reprise, I'Honorahle Edward J. Phelps continue son argumentation.
A 4 heures la seance est levee et lo Tribunal s'ajourne au lendemain Ml houre« 30,
Ainsi fait i\ Paris, le 3 Juillet, 1893, et out sigm'^ :
Le President ALPH. DE COURCEL.
L' Agent des Etats-Unis JOHN W. FOSTER.
L'Agent de Ir Grande-Uretagnc . . CHARLES H. TUPPER.
LeSecrdtaire .. .; .. A. IMBPi T.
^
1)5
[liiii^lisli version.]
' Protocol No. 48. — Mcvlimj of Monday, July W, 18!);5.
'I'UE Tribunal assembled at. ^^•'^0 a.m., all the Ai'bitrators bciiii; present.
The Honourable Edward J. Phelps resumed iiis ari,ninienl.
Al 1'''50 liie Tribunal look u reeess.
On rcassomblini,', the llouournhlv Edward J Phelps continued his argument.
At !■ i".M. the Tribunal adj(nirn(Ml to the next day at 11:10 a.m.
Done at I'aris, the ;5rd Julv, 181);?, and siii;ucd :
I'he President \ LPJl. DE COUllCEL.
The Af,'eut for the United States . . .lOlIN W. EOSTEK.
The A-ont for (Jreat Britain . . ("IIAIM.ES U. TUPl'El?..
The Secretary A. IMBEllT.
Translation cert itied to be accmute :
(Siirncd) .\. HAiUA-lBiANcuAim
II. CuNyN(iiiAMi:,
-}
Co-Secretaries.
Inclosuro 2 in No. '.)0.
Protocole No. 4!). — Se'anee du Alardi, 4 Juillet, 1893.
jjl'i Tiai)unal s'est reuni at 1 1 hem-es .'50, tous les Ai'bitrcs iHant presents.
1j' Honorable Zlward .T. Phelps reprend son ari^umentation.
La seance est suspeniku' a 1 heure ;U).
A la reprise, V Honorable Edward J. Phelps continue sa plaidoirie.
A t lu'ures la seance est levee et le Trii)unal s'ajouriu> au lendemain a 11 heures JJO.
Ainsi fait a Paris, le 1- .Juillet, 1S1);>, et i>ut sigi.v' :
Lo I'resident .. ALi'll. DE COUlloEL.
L'A-ent des I'ltats-Unis lOlIN W. EOSTER.
i/A-cnt do la CJraude-.Hreta^ne .. CllABLES II. TUPPEll.
LeSeeretaire .. .. ..A. IMBEllT.
'}^:^
,4 '!.
I
[Knglish vevsion.]
Protocol No. \'S). -Meetiny of Tuesday, July 1, 18i)l5.
THE Tribunal assembled at 1 1 150 a.m., all the .Vrbitrators being present.
The Hunourable Edward J. Phelps resumed bis argument.
At 1 ;5() the Tribunal took a recess.
On reassembling, the Honourable Edward J. Phelps continued bis argument.
At 4. v.M the Tribunal adjourned to tiie next day at 1 IIJO a.m.
Done at Paris, the till July, 1S<,);{, and signed :
'i'ho President
The Agent I'or the United States .
'J'hc Agent tor Great Britain
The Secretary
ALPII. DE COiniCEL.
.lOliN W. EOSTER.
Cll AlluES 11. TUPPEll.
A. l.MBEBT.
Translation ecrtilicd to be acci.ratc; ;
(Sunned) .\. Rah lv-Blancuaud, 1 ,, ., ,
^ " -^ II /, > Co-Secrefarn'.i.
Inclosurc tl in No. '.)0.
Protocole No. ."0. — l:ie'ancc du Mercredi, 5 Juillet, 1893.
LE Tribunal s'e.s) reuni a 11 heures :tO, tous les Ar'oitrcs etaul presents.
L'Honorable Edwanl J. Phelps continue* sa phiidoirie.
La seance est suspeiidue a 1 lieur(> 30.
A la reprise, (Honorable Edward J. Phelps poursuit sou arguiueutation.
*
^iial
vyfvii li
96
A 4 lieures la soanco est levi-e et Ic Ti-ihunal s'ajourne ail lendomain il 11 liouros 30,
Aiiisi fait a J'aris, le 5 .fuillct, IH'.Ki, et ont sis^n6 :
Le IV-sident .. ALIMl. DE COUllCEL
L'Agent (Ics Rtats-Unis .. .. JOHN W. FOSTER.
L■iV^'Cllt do la Giande-Hr(«ta!,'no . . CHARLES H. TUPPEll.
Le Secretaire A. IMBEllT.
■^*^
[Ensflisli vereion.]
Protocol No. 50. — Meeting of Wednesday, July 5, 1893.
TIJE Tribunal assembled at 11'30ua,m., all the Arbitrators being present.
The Honourable Edward J. Phelps rcsiimnd his argument.
At 1 30 tbe Tribunal took a recoss.
On reassembling, the Honourable Edward J. Phelps continued his argument
At i P.M. the Tribunal adjourned to the next day at ll'.'?0 a.m.
Done at Paris, tlie 5th July, ISOIi, and signed :
'J1ie President
Tiie Agent for the United States .
The Agent for Great Britain
The Secretary
ALPII. UE COUllCEL.
JOHN W. FOSTER.
CHARLES H. TUPPEll
A. IMBERT.
Translation certified to be accurate:
(Signed) A. Bailly-Blanciiakd,
H. ClNYNOUAMK,
\C'0'
Secretaries,
Inclosure t i'. l\o. 9G.
Protocole x\o. 51. — Se'unce du Jeudi, G Juillet, 1893.
LE Tribunal s'cst reuni a 1 1 heures HO, tous les Arbitres 6tant presents.
L'Hoiwrable Edward J. Phelps rcprend sa plaidoirie.
La seance est suspendue a 1 heim- ;?0.
A la reprise. VHonondile Edward J. Phelps continue son argumentation.
A 1 lieures la seance est levee et le 'i'ril)unal s'ajourne au lendemain a 11 heures ,'}0.
Ainsi fait a Paris, le G Juillet, 18915, et ont signe :
I^' Pre.sident ALPII. DE COURCEL.
L'Agent des Rtats-Unis H)HN W. FOSTER.
L'Agent de la Onuide-Bretagne .. CHAULtlS H. T UPPER
Le Secretaire A. IMBERT.
' /
[English version.)
Protocol No. bl.—Meethuj of Thursday. July G, 1893.
THE Tribunal as.'^embjed at 11-30 a.m., all the Arbitrators being present.
Thr Honoiirabtv Edinird ./. Phi-lps resumed his argument.
At l-3(» fhe Tribunal took a recess.
On reas>.eniblinu:, the llmiouralde Edward J. Phelps continued bis argument.
At t !■..',[. the Tribunal iidjourned to the next day at 11-30 a.m.
Done at Paris, the Gtli Julv. 1W)3, and signed:
The President .. '. . .. ALPII. DE COURCEL.
TIk! Agent for the United States . . JOHN W. FOSTER.
'i'he Agent for Great Britain . . CHARLES H. TUPPEK
The Secretary A. IMBERT.
Translation certified to be accurate:
(Signed)
I
V. lUlI.I.Y-Ml.ANCUAKD.T „ ., ,
,, r^ r Co'becretar
. Clnyxgiiame, J
les.
1)7
liiflosuro 5 ill No. DO.
P):itocole \o. 2. — Seance du Vendredi, 7 Jitillet, 18',»3.
Lli Tribunal s'est ivuni a 11 lioiiros .'JO, tons Ics Arbitres etant prc'-sents.
L'Houorable Eilviird J. Phelps roprcnd son argumentation.
La SL-ancc est suspendue a 1 heurc 30.
A la reprise, ['Honorable Edward ./. Phelps continue sa plaidoiric.
A 4 beurcs la seance est levee et Ic Tribunal s'ajourne au lend(>main h 2 bcui'es de
rapW's-midi.
Ainsi fait a Paris, lo 7 .Tuillet, ISJKJ, et ont signe:
Le President. . . . . ». . . ALPH. DE COURCEL.
L' Agent dcs Ktats-Unis . . . . .JOHN W. FOSTER.
L'Agcnt dc la Grande- Uretagno . . CHARLES TI. TUPPER.
Le Secretaire .. .. .. A. IMBRRT.
:<A
n
i
[Knglisb version.]
Protocol No. 52.— Meeting of Friday, July 7, 1893.
THE Tribunal assembled at 11*.30 a.m., all tbe Arbitrators being present.
The Honourable Edward J. Phelps resumed bis argument.
At I'M the Tribunal took a recess.
(>n reassembling, the Honourable Edward J. Phelps continued bis argument.
At 4 P.M. the Tribunal adjourned to the next day at 2 p.m.
Done at Paris, tbe "th .Tulv, 181)3, and signed :
Tlie President ALPJL DE COURCEL.
Tlie Agent for the United States . . -lOHN AV. FOSTER.
The Agent for Great Britain . . CHARLES H. TUPPER.
Tlie Secretary A. LMBERT.
Tmnslation certified to be accurate :
(Signed) A. Baillt.Bianciiakd
II. CUXYNGUAME,
■}
Co- Secretaries.
./■It..
. ■■" Ml!
Inelosure 6 in No. 9G.
Protocole No. bZ.— Seance du Samedi, 8 Juillet, 1893.
LE Tribunal s'est reuni a 2 heures, to>is les Arbitres etant presents.
VHonorible Edward J. Phelps reprend et ach6ve sa plaidoiric.
Sir Charles Eussell, au noni de ses colicgues, renxercie les membres du Tribunal
de la bionveillante attention avec laquelle ils ont suivi ccs longs debats. II remercie
^galemeut lo Secretaire, les Co-Secretaires, et Secretaires- Adjoints du Tribunal, ainsi
que les Secretaires particuliors des Arbitres dc Icur obligeant et utile concours.
L' Honorable Edward J. Phelps s'associe aux paroles de Sir Charles Russell, au nom
Jos Conseils du Gouvernement des Etals-Unis. II so fait Tinterprt^te de tons ses
colli^gues en rendant hommage t\ la competence et a la courtoisic avec lesquelles le
I'lesident a dirige les discussions et reuouvcUe rexpression de leur gratitude pour
I'hospitalite de la France.
Le Pre'sident annoiicc alors que le Tribunal va prendre I'afTaire en delibere.
Sir Charles Russell et V Honorable Edward J. Phelps temoignent le desir qu'au cas
oil lo Tribunal, durant ses deliberations, croirait devoir s'adresser aux Conseils pour
obtenir d'eux quelque edaircissemont, la denmnde et la reponso aiont lieu par ecrit.
Le President rdpond que le Tribunal tiendra comptc de ce desir dans la mesure
Ju possible, sans renoucer toutefois au droit que lui donne le Traits de i-equ(5rir toutes
iuformations orales, ecrites ou imprimees qu'il jugera utile. i\^'\-\\
L'Agent de Sa Majesty Britannique fait connaltre qu'il restera a Paris, ainsi que
I'Agcnt des Gtats-Unis, a la disposition du Tribunal.
A 4 heures la seance est levee.
[()91J
r U
\M
.- H
98
Ainsi fait a Taris, Ic 8 Juillrt, 18!W, et ont sij^iie:
1j(' President. .
L'As;eiit des l5tats-Unis
lj'Ai,'eiit de la Grandc-Brctagno . .
Lc Secretaire
ALl'ir. DE COUllCEL.
JOIIN W. FOSTER.
CIlAllLKS 11. TUPrER.
A. IMI3E1JT.
[English version.]
Prolorol No. 53.—Mectin(j of Saturday, July 8, 1893.
THE Tribunal assembled at 2 i>.m., all the Arbitrators being present.
The Honouiahle Edward J. Phelps continued and concluded his argument.
Sir Charles Russell, in the name of his colleagues, thanked the members of the
Tribunal for tlic kind altontioii with vhich they had followed the lengthy d('l)atcs.
He also thanked the Seen^tary, Co-Secretaries, and Assistant Secretaries of the Tribunal,
as well as the Private Secretaries of the Arbitrators, for their obliging and usoful
assistance.
TA" Honourable Edward J. Phelps indorsed the remarks of Sir Charles Eussell in tlic
name of Counsel for the Government of the United States. lie referred, on l)olialt
of all his colleagues, to the ability and courtesy with which the President had directed
the discussions, and he renewed the expression of their gratitude for the hospitality of
France,
The President thereuimn announced that the Tribunal would take the case under
consideration.
Sir Charles Russell and the Honourable Edward J. Phel-u^ expressed their dosirc
that in case the Tribunal, during its (lelil)erations, should iind it necessary to olitain
from Counsel any further inl'ormation, the request for such ini'ormation and the
answer thereto sliould be in writing.
Tiie President replied that the Tribunal would take note of the request as far as
possible, witiiout however surrendering the I'ight given it by the Treaty of requiring
all such information, whether oral, written, or printed, as it might deem iiseful.
Th(> Agent of Her Britannic Majesty announced that the Agent of the United
States and he would remain in Paris at the disposition of the Tribunal.
At i P.M. the Tribunal adjourned.
Done at J'aris, tiie 8th .luly, 1893, and signed:
The President . .
The Agent for the United States
The Agent for Great Britain
The Secretary
ALPII. DE COUllCEL.
.TOIIN ^y. FOSTER.
CHARLES II. TUPPER.
A. IMBERT.
Translation certified to be accurate :
(Signed) A. BAiiiLY-BLANCUAur),
II. CUNVNGUAMB,
■}
Co-Secretaries,
>P
No. 97.
Mr. Tupper to the Earl of Rosebery. — {Received August II.)
(Extract.) ^ Paris, August 12, 1893.
WITH reference to your Lordship's despatch of tlie 15th April last and
previous correspondence, I have the honour to transmit herewith a copy of a letter
which I addressed to Baron do Courcel on the subject of the withdrawal of the United
States' Agent from the joint arrangement for preparing and printing short-hand notes
of the proceedings before the Tribunal.
I communicated a copy of this letter to Mr. Foster.
It appeared to mo (hat, as these reports had been of obvious utility to tlie
Arbitrators, Ihc cost of their i)roduction might fairly be included among the expenses
which, under Article XII of the Treaty of Arbitration, arc to bo shared in equal
tljo case under
99
moifiiVs by the two Governments, and, having? failed to agree with the United States'
Aifonf on the subject, \ deemed it advisable to obtain an expression of opinion from
the Tribunal itself.
Mr. Foster, on receivinc: copy of my letter to Haron do Courcel, wrote in bis
turn fi note to liis Excellency (which he communicated to me, and of wliieh a copy is
incicsrd), setting fortli bis reasons for dissent! n!» from my views on tlio suly-ct.
jiaron de Courcel has now replied, and I iiave the lioiiour to inclose an extract
from his letter, the rest of which deals with another subject. Your Lordship will
observe that the Arbitrators establish the utility of tliese reports. At tlie same time
thev do not consider themselves competent to examine by whom, and in what manner,
tlie'cxpenscs ought to be met.
Inclosure 1 in No. 97.
Mr. Tupper to Baron de Courcel,
Dear Baron de Courcel, Paris, August 8, I'^OS.
YOU will remember that shortly after the commencement of the proceedings
before the Tribunal the United States' Government withdrew from the joint arrange-
ment for preparing and printing short-hand notes of the oral arguments.
The correspondence which passed on this subject between the United States'
Acfent and myself, and a statement showing General Poster's reasons for withdrawing
were laid before the Tribunal, and will be found on pp. 507 and 508 of Part til of tho
Kepnrts of Proceedings.
Since the withdrawal of the United States' Government, Avhioh was finally
announced on the 12th April, the reports have been continued under the supervision of
the liritish staff, and at the sole expense of Her Majesty's Government.
In recommending this course to Lord Rosebery I was to a large extent influenced
by tlie consideration that verbatim reports of the daily proceedings would be not only
convenient, but n(>cessnry, for the members of the Tril)unal. Prom some expressions
used by yourself at the meeting of the 7th April (see Report of Proceedings, Part I,
p. ] I'H), I feel sure that you liave appreciated their usefulness, and the constant
rel'erence which has been made to them by the other Ar])itrators contirras my opinion
as to their general utility to the Tribunal.
Under tlio circumstancL^s, I venture to suggest through you that tiie Arbitrators
sliould consider whether tho cost of preparing these re|)orts niighl not be fairly
inchided as one of tlie expenses of the Tribunal. The Xllltii Article of the Treaty
reciuircs the Arbitrators " to keep an accurate record of their proceedings, and to
employ the necessary officers to assist tliem," and in Article XII it is stated tliat after
tbc payment by each Government of remuneration to their respective Agents and
Counsel, and of the cost of preparing and submitting their several Cases, " All other
exjionses connected with the Arbitration shall be defrayed by tlie two Governmerts in
equal moieties."
In case this suggestion should meet with the approval of the Arbitrators, it would
of course be understood that Her Majesty's Government would bear their share of the
expenses incurred by the United States in producing tiie reports of tiie speeches of
their Counsel which they have presented to tlie Tribunal, in addition to those supplied
by the Ikitish side.
I regret that I have been unable, as shown in tlie correspondence referred to
above, to come to any agreement with the United States' Agent on tiie subject, and
tliis must be ray excuse ior troubling you with this relVn-ence.
I have forwarded a copy of this letter to Mr. Foster.
I am, &c.
(Signed) CHARLES H. TUPPER.
■■■.'I'
',; ;i-'
ro9i]
'■■( ■
l^i "
li'S^
' 100
Inclosuro 2 in No. 07.
Mr. Foster to Baron (Je Cnurrcl.
Dear Sir, Porln, Aii(;iist i», 1 '-;».",.
I HAVE voooivod from tlio IToiiourahlo C. 11. 'I'lippcr, A^ciit of the Hiiijsli
Govfriimcnt, ii coijv of a conniiiiuication dated tlio Stli instant, and addressed hy liim
to you, containini;; a veijiiest res|)e»'tini:; tin- expenses inciiri'ed l)y liini in |)ri'ji;iiiiii,';i
report of tlie oral ari^'unient of Counsel hefore the Tribunal. This connnnni' utidn
compels \w to address you on tli(> subject.
The suLfifestioii of the Airent of the British riovorninent seems to bo tli.it thr
Arbitrators should in some manner, directly or indirectly, l)y their own action, iiii|ii,v.
upon the (ioverinnent of the I'nited States ;i ]);»rt of the ox])ense incurred by liiin in
printiuir a r<>port of the procoodinijs before the Tribunal, includinti; the arn'iniK ,,;> nf
Counsel. This seems to mo ti) be very * xtraordiuary, and 1 can in no nminai'
assent to it.
If I ho oxpiMise had b(<on incurred in pursuance of some agreement briuccn
the ])arties, there A\(»uld have been no oc<'asion to trouble th(> Tribunal with ;uiv
sugijestiou concerning its ])ayment. If it had boon incurred in pursuance of somi'
direction or authority of the Tribunal, it would b(> very proper for that boily to
consider how it should be defrayed.
Hut it has boon incurred in neither of those modes. This report has boon made
solely under the authority of tho Agent of Great Britain without my authority or
consent. It has never been subjected to any revision by me or any one undrr my
authority, has never been furnished to me or to the Counsel of the United States, anil
is, so far as it has boon made known to rie by the use made of it in argument by tlio
Counsel for the British Government .'.■oneous and imperfect. I cannot tln'iiluio
consent to its adoption as a report oi ihe proceedings of, and arguments bcfon', tlie
Tribunal.
I was not unwilling at the outset of the sessions that a joint arrangement should lio
made, whereby an accurate report of th(> proceedings of, and arguments before, tl'e
Tribunal should be furnished for th(> use of the Arbitrators and Counsel, as well as fm'
tho purposes of a permanent record. It is not necessary here to enter upon any
statement of the circumstances which led to a failure to make such an arrangomeiil. it
is enough to say that to call upon the United States to conh'ibute to the expense inciirifd
would imply that the Agent of Groat Britain had the right, after failing to sccnrc tiie
assent of the United States to the ])lan of reporting projjosed by him, to proceed ami
execute that plan without the assent of tho United States, and without any supervisidii
on its part, and that the United States was bound to contribute to the expense
although it had received no copies of the full ro])ort.
It seems to mo quite unnecessary to dwell upon the incorrectness of such a
position.
I am, &c.
(Signed) JOHN W. FOSTEll.
Inclosuro 3 in No. 97.
Baron de Courcel to Mr, Tupper.
(Extract.) Ports, August 11, ]S!i:!.
Dri'lNG a i)rivate mooting hold by the morabei's of tho Tribunal of Arbitv.ition
I submitted to my colleagues the note which you were so kind as to address to hk
concerning the short-band reports of the! 'Iribunnl's proceedings and the mode ot
defraying the expense lu'ccssary for getting up those rejwrts.
^ly colleagues concurred with mo that those reports had been practically voiy
useful to all of us, and had helped us in our work, and that wo were inulcr iiiil
obligations to all the jjcrsons who had taken the trouble to prepare such reports. As
to tlio (piestion of the cost thereby incurred, the Arbitrators did not deem themselves
competent to examine by whom, and i'l what manner, it ought to be met.
BS8 of such a
101
No. 08.
.If/-. TiippT to the Earl of Roacbenj .—{Received Aiujusl 16.)
My l-oni, Paris, Aiujusl 15, ISOU.
1 HAVE the lionour to trimsinit to your L-mlship the deoisioii of tho Hclirinp;
Sea Ti'il)iiiuil ol' Arbitrators wliicli has l)eon doliverod to luc thin day in aceorduuco
,vitli -\rtiidf XI of tlio Treaty of tlio -i'Jth February, 1892.»
I liave, ifcf.
(Signed) CHARLES H. TUPi'Elt.
No. 09,
Mr, Tiijipcr la the Enrl of Rosehrri/. — [Receireil August 10.)
My T-ord, An/.v, Auijust l.j, 1S'.)3.
THE liiial duty now devolves upou nio as llor Majesty's Ai^eut to record au
iiiH(;ial aeknowlcdgmcut of i\w serviecs ol' those i;eutleiiien with wiioni I have been
assoc'iah'd.
I esteem it a i)rivileij;e to testify to the great value of the assistance whicli 1 iiavo
(icrivcd from the sui)|)orl and counsel of Sir Charles Itussell, whose masterly^ ari^'ument
uill ever remain a nionunient of iearninu: and forensit; tikill. His conduet of the case
of till' (lovernnient of the C^ueen left notiiiug to hv desired.
Tlie Attorney-ficneral was ably su|»i»orted liy Sir Iviehard AVebster. I may be
IHTiuitted to indorse tiie sentiments so happily expres;;ed by the President of the
Tribunal at tho close of Sir Itichard's art^umcnt.
"Sir lliehard," said JJaroii do Courecl, "wo thank you for the very substantial
and useful observations with which you have sup])lenientc(l the argument of Sir Charles
llibscll. "We knew how iniu-h we were indebted to you already lor the elaliorato
stiiily you have madi' o! this case un bcball' of (ireat ISritniu, and 1, for one, iiave vtMy
iMucli admired the unrestricted and friendly eo-o])erati(ni of yesterday's Attorney-
Gi'ui'ial with to-day's Atlorney-tienerai. The country is indeed to be envied wlieie
pnty s[)irit admits of such brotiierly association when the national interi'st is at
stake."
Mr. Cliristopher Ikobinsim assisted in a siii;nal manner, and fully justified his
.••pci-ial nomination by the (iovernment of Canada.
Aitlioui,'h I propose in this desjiatch to eonlino my observations ehielly to those
nhii attended the Arbitintiou proceedings at I'aris, I wish to refer to the late Honour-
alili' W, II. Cross, one of the Counsel originally employed on behalf of Her -Majesty's
(lovi riunent. His untimely death is deeply to be deplored. Jlr. Cross' ability 1 fully
nrnuni/ed and aj)preciated, whilt! his genial disposition liad endeared him to all his
associates.
1 have alrcadv alluded to the services of ilr. M. H. Box, and I have onlv to add
tiiai those of ;Mr. 1'. T. Piggott were equally valuable.
Sir George IJaden-Powell and Ur. G. M. Hawson have been constantly consulted,
and their advice has been of great value.
Dr. Dawson attended at Paris. It gives me pl(>asure to bear witness to his
indefatigable industry, which was coupled with a complete mastery of the subject of
seal life.
!Mr. ilaxwell, as Secretary of my Stall', made himself exceedingly useful in every
way, and I gratefully acknowledge his kindly and ready assistance. His intimate
a('([iiaintauce with the French language has been most convenient to me, as well as to
the public advantage.
-Air. Charles Ihissell's services have also been of great bcuelit. In addition to tho
im|iortant Avork Avhich came regularly under his attention as solicitor, he, with tlii'
a'-sistance of -Mr. Piggolt, undertook tlu,' laborious task of revising and superintending
the jiriuting of the st('nogra])hie notes of the ))roeeedings before the Tribunal.
Mr. AndcMson, of the Colonial Olliee, who, as your Lordship is aware, was con-
versant w'ith all the facts of this ease, rendered material aid.
I i>avc also to commend the diligence and zeal evinced by Mr. Ashley
l''or cop) ol llii' ilc'cisioii inclosed in lliis ilespatcli see " United States No. 10 (l&Sy)."
[6911
P 2
I M
■• Xi
'■W
102
l"'rou(l(', C..M.(i., Jfr. .T()so])li I'opo, and Mf. .lames Macouii, and to oxjircs, niv
approciation of the roadiiit'ss witli wliii-Ii Ilit'Sf ifcntlt'iiicn have at all liiiics stii\iM li,
l'acilitat(> tlic Ixisiiu'ss of tlu> A^ciu-y. In I'ai't, tlio mcmlxTs of llu; (icncial S| iH
Imvc vi«'d with oiu' niiotlicr in tlicir cinloavnur to jironiotc llii' cnmiiiou c;uis:>.
Tlie siTviiMs iviidiTi'd by Mr. (i.l'. rairholinc.of llio l''on'ii,'n Ullicc, in flio initiir
of the Hussiaii translations, rail for special mention. 1 in."y also refer to the exii Hcnt
work don(! by bini, as well as by 3Ir. II. I'arnall and ^[r. ]•). A. (Jrow(!, as rii'iieh
translators s^enerally, which has evoked from the President of the Tribimal an exjucs.
sion of admiration.
In thus acknowled^'inij the valnabli! aid which T have received fnmi those hkho
immediately connected with the Arbitration at I'aris, 1 am not -ir mindful of tlic fiui
that there arc others, whether scrvini; under your Loilship or iao Secretary of Stiilc
for th(> Colonics, or in the employ of the Canadian (iovemment, whose assisfaiuv in
the laborious work of the prc])aration of this case merits rccoi^nition.
As Minister of ^larinc and Fisiieries of Canada, it will he my pieasuri> aiil my
duty to represent to his Excellency the (lOVcrnor-General with more particuliui y mv
8cnse of the important services which Irwe becMi rendered by ollicers of the Canalinii
Civil Service, whose names do not appear in this despatch. In the nieantiini', I
content myself with this general allusion.
I cannot, however, clos(> these observations without expressing? to your I-oi'(ls|ii|)
my warm appreciation of the advantage which I have derived from association wiih
Sir Thomas Stuiderson, of whose knowledge and experience I have fully availed niysclf
at every stage of the case. Indeed, I iind a (lilUculty adequately to express my
gratitude to liim for the readiness he has ever shown to assist mc in the performauci' df
those IionourabU' duties with which I have been charged.
I have, &c.
(Signed) CUARLKS II. TUPrE15.
No. 100.
Mr. Tapper to the Earl of Rosebery. — {Received August 10.)
3liy Ijord, Paris, Auffitst 15, ISDIJ.
I HAVE the honour to report that the decision of the Tribunal having licon
delivered to mc, I i)roposc to leave Paris this day, and to sail for Canada on the 17th
instant.
I have asked Mr. Maxwell to remain here for a few days to wind up the business
of this Agency.
I have, &c.
(Signed) CHARLES U. TUPPEU.
No. 101.
The Earl of Roschery to the Marquis of Dufferin*
My Lord, Foreign 0//!cp, August 20, 1S9:5.
Til H Arbitrators a])pointcd under the Treaty of "Wasliingtonof the 21)th Febrmirv,
1892, for the examination of the various (picstions that had arisen in connection with
the fur-seal fishing industry in jjarts of I?ehring Sea and the North Pacific Ocean, liivo
pronounced and published their Award on the 15th inst^mt.
I have now received the (Queen's commands to request that your Excellency will
convey to the President of the French Uc])id)lic Her Majesty's acknowledgments of
the great ability and unremitting attention displayed during the prolonged j)roc;'edinL;s
of the Tribunal by Huron de Courccl, the cniincnt Statesman nominated by tliu
President as one of the Arbitrators on the Tribunal.
The examination of the voluminous documents laid before them, and the difiicultics
surrounding the cpiestions on which they were occupied, have imposed on each oiu" nl'
the Arbitnitois a considerable sacrifice of time and personal convenience and a hui;o
amount of personal labour.
* Similar despatchea were addressed to Her Nfajesty'ii Representatives at Rome, Stockholm, and Wa^hinglon.
A,
io;j
I iccnicHf. thiit, you will suhniil to I lie I'lrsidriit of the l''rcii('h J{c|>iil)Iie tin^ hope
ot'llci' Majt'sly that her ai'kiio.vlrd'jjciiicnt-i may l)e c'onvcy<'<l to Uaroii do Coiiicel lor
tlic valuable servic -s wliieli ho has rciulfiTtl ou this occasion.
I am, &.C.
(Si-ucd) IIOSEUKIIY.
No. 102.
The Karl of lionvherij to the Mitrquis of Dufferin.
My Lord, Foreign Office, August 29, IHOM.
IN addition to tlui ohlijTutions conforrod on this country hy tiic President of
the I'rciK'h IJopuhlic in the; selection of ;in eminent Statesman to act as one of the
Arliitrators on the Helirini,' Sea Seal Fisheries (|uestion, the I'resident and the
(lovcinment of the French l{e|)ul)lie have shown a marked courtesy and mau;nilieent
liospitidity to the memi)ers of tlie Trihunal and to tlie British and American m'ntlemcu
who have heen en!,'ai,'ed in the ))r()ceedini,'s hel'ore it.
1 recjuest that you will take a littini,' opportunity oF conveyins^ to thi' I'resident
and to },l. Develle the hest acknowledLjments of Jler Majesty's (iovernment for the
attention and kindness shown to the JJritisii memhers of the Court of Arbitration
dinini,' tins jirolon^ed ])erio(l over which its sittiuifs have extended. The reee|)tion
accorded to these giMitlemen has heen mentioned by them with the warmest expressions
of |j;ratitude, and has heen a cause of sincere gratilication to the Queen and her
(iovernment as an evidence of conliality, no less than of the generosity with which
tli(j French nation always treats its guests.
I am, &c.
(Signed) IIOSEBEIIY.
i
No. 103.
The Earl of Rosebery to Mr. Tupper.
Sir, Foreign Office, Augunt 29, 1893.
I HAVE to acknowledge the receipt of your desi)atch of the 15th instant, inclos-
iii!,' the iWard delivered ou that day hy the JJehring Sea Trihunal of Arbitration, and
of your further despatch of the same date, in which you call attention to the services
of the several gentleni(>n associatinl with you i\v the j)roceedings before the Tribunal.
I have received the Queen's commands to signify to you, and to those who have
worked with you, Her Majesty's gracious approval of tin; zeal and ability with which
you have maintained the interests rf this country and of llt-r Majesty's subjects in the
important matters which wcu-e subniitted for decision.
I have conveyed to the Attorney-General and to Sir Richard Webster the cordial
acknowledgments of Her Alajesty's Government for the manner in wliieh Uicy have
presented the Case of licr Majesty's (ioveriuuent before the Tribunal, and i must
rciiuest you to olVer the sjune acknowledgments ou their behalf to Mr. 0. llobinsou, Q.C.,
of the Canadian IJar.
I note witii entire sympathy and agroement ^ tribute which you pay to the
ability of the late Mr. W. 11. Cross, whose premature death \\as a subject of deep
regret.
I have to request that you will assure Br. Daw son of the great value attached by
Her Maj'^stys Government to the assistance which he has rendered throughout the
Arbitration, and their appreciatiou of the learning, ability, and patient industry which
Ik; has shown in collecting and placing at the disposal of those charged with the
conduct of the British Case the information required for the elucidatiou of the various
questions of geography and natural history involved in the argument.
I shall offer a similar acknowledgment to Sir G. Baden-Fowell.
*4
i f
'!'t
PI
II
I
\i
It liHs iill'ordtul 111!' siiic.M'ti ifi'iitiliciUioii to irnd tlio toNtiinony v«u bmr f<i tin.
(illlcifnl aiti received l>y ym IVom the other !,'entlenien cinployeil at I'aris, • 1 1||,,
assisluiiee wliieli li.is Ixcii u'lideivil t ) \ciii liy varioim ineinliei's of lliin Depa .1.
I am, Sii\
(Si^'iied) 1U)8KHKI!V.
No. lUl.
Till' Karl 0/ lloadiery to Lord Uimnvn.*
Mv liord, Foroiijii Offirr, Aiifjusl 2!», IS'J!.
'I'lIM labours o| llie 'rrihimal of Arldtintioii appointed uiidiT tlie Treatv i,\
"\Vasliini,'((>ii ol' tlie i;!>tii h'eltriiary, 1^\)2, liaviiii; been now closed, and tlnir An in|
delivered on tlie Ifilli insliint. I ha\c reeeiNt'd the t^neen's conininnds to eonvey lo voii
Her Majesty's a(d\no\\ ledi;nients I'or yonr services as one of the Arhitnitors, an! Ii"i'
n,;)i)i'eeial.oii of the zeal and ability yon have shown in that olliee.
Her Majesty reeo'^'ni/es that your duties, inviilvini; as they have done the cIikm
•ili<':\l:on dnriiii; a proioii'^ed |)eiiod of lime, were undertaken at, eonsitU'rahlc persci ml
.Ui-onveiiieMce and h'oni a stroni; sense of public duly.
I iiavc pleasure in askiui,' you to !iccept also tlu- sincere thanks of lier Majesi v's
(lovernnienl. for the valuablo services you have rendorcd to tlio country on liiis ini|i ir-
taut occasion.
I lUll, itc.
(Si.jncd) iioski{|;i:n.
No. 103.
Tlir hurl of liosebcry In S'r V. I\ii»si-ll.f
Sir, Foreiyn Office, Aiujiisl 21), is'.i:;.
Til !■; proceedings ot the Keluiny; Sea Arbitration havinij; now been concluded, .iinl
tiie Award haviiit,' been deliverrd l)y the Arliitratoi-s, I have much pleasure in otVerini;
to you the sincere thanks of Her .Majesty's ( lo\crnnienl for " eminent services v .m
have rendered in connection with the Arbitration, anil in ass' vou how i^n-atly tliT
appreciate the patience and industry shown in the prepani ' the plcadiui^s. ami
the sii^nal ability with which the Jiritish Case lias been ar^'ucu oy you asllcr Maje>l,\'s
Counsel before the '{"Mbunal.
I am, &.V,.
(Si!,'ned) UOSKMKin
m
No. 100.
The Earl of liosebery to Sir (I. Baden-Powell.
Sir, Foreign Office, Augunt 20, ISiC!,
'I'll V. procc(;dini;s of the Uehriu",,' .Sea .Vrbitratiou bavin;.; now boon concludod, au'l
the Award haviu!"' been deiiverod, 1 have much jjloasuro in oiVeritiif to you the bi>'
thanks of Her Miijesly's (lovernment for the valual)lc assistance which you ha\i'
rendered (luring the pr.paration of the ])lcadinu;s, by placins; at the disposal of thdM'
cliar!;<'d with tlie con^luct of tlie British Cas;; your exw>ptional and extensive knowledi^c
of the habits of the fur-seal, and of the various questions coniie«'tcd with the seal
iishery.
Her Majesty's (iovernment are fully s;''iisible of the zeal and iiulilic spirit ulii li
you lia\e shown in the dischari;c of this task, wliicii was voluntarily iindcrtakca I \
you, aiul of the amount of labour m hieh it lias entailed.
J am, &c.
(isi-ncd) liOSEHEllY.
* AUo to Sir J. Tliompaoii.
f Also to Sir H. Webster.
.V .'
lor.
No. 107.
f.onl lldiinrii Id llir Knrl of I'lisrh"!'!/. — (lirrriifil Srjihnilur H.)
M\ LiiI'd, lit, Ldiica.slcr fliilr. I.tmiliiii, Sriilnnlirr (', \*''X\,
I AM lionouri'd ))y vonr l<(ii-<lN)ii|)'s Icllri' ul' tin- :^<.)lli iiltiiiin, in wliicli \ m iiil'i>nii
iii(> ilnl voii liJivc rcccivi'd tin' (^iic('ii\ niiiiin.iii(is to coiury to ini' llcr Miijisly's
iickiiiiw li'ili;nn'iits i'lir mv services jis one of the Arliiti'iiloi'.-« iiinler the Treats ol' tlie
•jlU'i I'eliniarv, lHi)2. I flesin; to express my respect I'lil Ltratitiult) I'or the ijrMcioiis
liiiii^ of ap|iroval with which tlioso ackin.wledi^nn'iits are aeeoiiipanied. They will
ivMi liii I'lir me a sonrce of ici^itiiiiate prid<' to the end of my life. It is also a siilijeel
(if L:ii'at satisfaction to me that my services have I ii (leemed worthy fif the thanks of
III!' Maji'sly's (lovernmeiit. I trnst that the lahuirs I have heen enu;ai;T(| in will
|ir(i\e luMiellciai, not only to this country on the prcMciil occasion, hut to the interests
(if |icaco tiiroiiglioiit tlic* world.
1 have, ite.
(Signed) IIANM;N.
i
No. lOR.
Sir C. litisspll In llie Earl of Roxflirry. — I Ii'crfiird Scptemhrr H.)
My Lord, Liiirnln's Tim, Lnndon, Seiilnnlnr s, IS'.CJ.
I IM'Ki to nckno.vledi^o your Tiordshi|)'s lavour of the "Jsth ultimo, in which you
nre ^ood enouj^li to convey to urn the thanks of Her Majesty's (lovernmeiit foi' my
SCI \ ices in the IJehrin:;' Sea Arhitratioii. 1 thank your Lordship; liiit I should like to
111' |iermitted to s.ay how much the Counsel representing^ the interests of (Jroat ilritaiii
Will' indi'hted to tlie LrentleuK'n eonneeted with the T'orei^ni Ollice for most valualile
lirl|i in their lahoni's. I refer, I m-ed scarcely say, in an especial manner to Sir 'I'homas
,s,ni(lerson, whose wise c!ounscl and criticism in the preparation of the Case, Counter-
Cisi', and Arirunu'ut \\v, valued liiu;lil' ; hut I refer also to the unrcmittini;' help and
iiltcntiou of Mr. 11. 1'. Maxwell and of Mr. Ashley Froude.
1 have, itc.
(Si-j'iied) C. llUSSIiLL.
r.
!> !■
ii
m
TREATY SERIES. No. 10.
1894.
CONVENTION
i
(EAT BRITAIN AND THE UNITED
STATES
lt.«l,IiniNTART TO TRB
)NVENTION RESPECTING BOUNDARIES
OF JULY 22, 1892
(ALASKA AND PASSAMAQUOD^Y BAY).
Signed at Washington, Februaiy 2, 1894.
IPttlifications exchanged at fVanhitiglon, March 28, 1894.]
;iA
PriunUd to both Huuttn of Parliament by Command of Her Maje\tii,
April 1894.
PACIFIC.
LONDON:
I'RINTED KOK HKll MAJKSIY'S SPATIONERY OFFICE
BY HARRISON AND SONS, ST. MARTIN'S LANE,
PalNTIR* IN nilDINAIlT TO Hill HAJIBTT.
And to bf purrtmwtl, filinT ilifftly or through any B'KikfleUer, from
KvH« and SiMtTTi-iwnnK,. r.-M Manlint; Srrift. Flw-t Stnvt, K.C., and
.TJ, A')iniEdon Street, Wi^jinuin.tri', S.W.; or
John MaNziKK N f'V, 12. Hano»ir Strw't, Kdinburgh, and
no. \V. St Nil.' Slr^'t, Ola«i;.i- or
MnnoKa, Fluuiii fk Co., I.imiteil, 104, (irk' ii Street, Dublin.
\v\
m
Majesty.
_J
I, O N HON:
PBINTKI) VO\i bit .MAJKSTYS .><IAT;U.\KUY OFKICK
BY llARtllSON AND SONS, ST. MAXriN'S I.A.NK,
miNTaa* in imDiNABT to mR majiitv.
And 10 be imri'hamd, I'ltli.r djn'rtlf or Ihrounh any Bookteller, from
VCKV. AND aPOTTlSWOODK, Kai-t IUri>ino SrKr.r.r. Fi««T STR»«r, K.C, ahb
32, .\itiNuuox Sturki, >\«aT»iiM»T»R, S,\V,j or
JOHN MKNZ.KS .\ to., \i, II»i<o»«k STRmT, Kuikhuroii. and
90, \V«»T .NitR SrRRrT, Ula«oow; ur
HODUEH. FIGtiH, anu Co, LiHiriiD. 101, ORAfTON SrRa«T. Diirlin.
[( --7713.] Price M.
m
\fi-
\I'U
CON
U
[
Til
Kinpli
Aiiii'iic
ni-'.'iiiiiz
th.' Hi
ros]icct
liavo h
cdiirlm
fl-nlll tl
tiiiii, li
Ciiiivei
lHir|ios(
II
01
IllltiUll
C.C.Mj
I!rilii'ii
Tiici
Sci.ii'tu
Full r<i
ftjj'li'ud
Tlic
ISOL', s
survey
fmiu tl
[«-
CONVENTION BETWEEN GREAT BRITAIN
AND THE UNITED STATES SUPPLEMEN-
TARY ro THE CONVENTION OF JULY 22,
1892, RESPECTING BOUNDARIES (Alaska and
Passamaquoudy Bay).
Si final at IVashiugton, Fcbrtuiri/ 3, 1894.
\JlntiJicatwns exchanged at Washirujton, March 28, 1894.]
TiiK (!ovornment.s of Her Majesty the Queen of tho United
Kinutliiiii of I'i'eiit ISritain and Ireliincl nnd of the United States of
Aiiii'i'icii, lioini; ( redihly advised that the laliouns of the Commission,
op.'itiiizi'd pnrsiumt to the Convention wliieh was concluded hetween
till' IHmIi Contracting I'arties at Wa.shington July 22, 1892, pro-
vidinfi for the <lelimitation of tho existing,' boundary between Her
Miijcsfy's possessions in North America and the United States, in
respect to such portions of said boundary-line as may not in fact,
have been permanently marked in virtue of Treaties heretofore
(umluded, cannot be accomplished within the period of two years
fima the first meeting of the Conimiasion as fixed by that Conven-
ticiii, have deemed it expedient to conclude a supplementary
Cciuvcnticn extending tiio term for a further period, v.m\ for this
piiriinse ;..;ve named as liieir respective I'lenipotentiaries ; —
Her Miijosty the Qucoii of th(i United Kingdom of CJreat
Uritiun nnd Ireland, his Kxccllency Sir .fulian I'auncefote, G.(.'.l$.,
(!.C.M,{i., Andiitssador Extraordinary and I'lenipoteLiiary of Great
l!iilii''n; and
Tiie I're.sident of the United States, Walter Q. Orcshara,
Sci iitary of State of the United States ;
Who, after having conuuunicatcd to aich other their respective
Fill! rowers, which were fo\uiil to bo in due and proper form, havo
a-iced upon the iollowing Articles : —
IIA
em
PACIFIC.
».]
ARTICLE I.
Tlie third paragra]ph of Article I of the Convention of July 22,
1S02, states tliat the rospcitivc Comiuis.Hinns shall complete the
survey and submit their tinal Ilepur licreof within two years
trmu "the date of their lirst meeting ' Joint Commissioners
[50]
Ma /est y.
M)N DON:
PRINTKU I'UIC IIEK MAJKSTVS .STATlOM.UV
IIV IIARHISON AM) HONS, ST. MAflTIN • 1 V
miNTIlia IN nRDINAKT T(l Rl« MAJtITI
KICK
And to b« |iuri:hniii'>l, litlur dinxtlr or (hnragli inr BiiokMller, friim
IVRK AND SPOTTIMNMIIIUK. Ka>t lUnniNo Stukkt, Fikkt SmiKr. K.C., amo
32, .\|IIN'UUU\ Strki. W KATUINKTHK, .S.W. ; nil
JOHN UENZiKS \ t.u., ]2, lUwuvtH .><tiii<iit, Kuinvuibii. amb
90, Wfur N'lLi SmtitT, UtAaauw; oa
HOOaEH, PincilS, anu Cu,, LiHiTtD. 101. GBArTPN SriiiT. DuiLin.
!*•
[1-7713.] Price (id.
|i.n
m
lieM their first meeting November 28, 1892; hence the time
allowed by that Convention expires November 28, 1804. Believing
it impossible to complete the required work within tlie speciticd
l)erio(l, the two Oovernments hereby mutually agree to extend the
lime to December 31, 1895.
m
ARTICLE II.
Tho ])re9ent Convention siiall be duly ratified by Her liritiuiiiic
Maje.»ty and by tlie President of the United StJites of Aniurica,
by and with the advice and consent of the S<3niite thereof; iiinl
tiie ratifications shall be exchanged at Washington at the enrliust
practiciiblc date.
In faith whereof we, the respective Plenipotentiaries, have
signed this Convention, and have iiereunto aflixod our seals.
Done in duplicate at Washington, the third day of Febnwry
1894.
(LS.) JULIAN PAUNCEFOTE.
(LS.) W. Q. GKESHAM.
■•<i
RUSSIA. No. 1 (itiOS).
m
M
Her llritiiiinic
!S of Aiiicric;!,
i thereof; iu;il
at the earliest
CORRESPONDENCE
KGSPECTINO THE
AGREEMENT WITH RUSSIA
KKLATIVE TO THE
SEAL FISHERY IN THE NORTH PACIFIC.
(In continuatiou of " Uussia No. 3 (1893) :" V. 7029.)
Presented to both Hounfs of Purlinintnt by Command of Her Majesty.
June 1895.
f ;4,r
I, UN DON:
PRINTKK FOlt HKK MAJIOSTVS .-^TATlUNKKY UKKICK
BY IIAIIKISON ANU SONS, ST. MAI'TIX'S LANK.
miNTIR* IN ORDINABr Tl> HIK MAiHTV.
And to be purtrhiiM'd, cillit-r ilin-rtir or lhn>uffli any Roukfrllrr, frum
kYRK AND 8POTTISWOMUK. KA»r tiAKniNo Wthrkt. Ktsry STKiiir. K.C., IMO
J2, ABINUDUN ikTRKKT, W RRTUIN>(TKR, S.W. ; IIR
JOHN MEN/iKS ,\ I.U., 12. IIanuvkr Strfit, KuiNvuciaii, and
90, Wmt Nilk Street, (UAnadW; uR
HOIMiEH, rinr.lS, anu in , l.iMirfU. 101, ORArroN SraiiT. Duelim.
[1-7713.1 Price (kl.
It'l!
' '1
l\
A,/ JKr^'Ml
'■]
TABLE OF CONTENTS.
•.^!'<:ll
No. Name.
I To Sir l< Mdrier
DuU-
T.'Wgraphic July I, 1«93
•i To Mr. Iluward
■i I'ounnl Office
''' Vi) Mr lit' Bunit'i
)> !■ Mr. Howard
7 Ailiiiirfilty
^ Mr. Ilownrti
9
1 1 To Aiimiralty
1'.^ Culdiiial Officp
10
releKraphio
, rele)rrii|)hii'
i
jTele.'raphic
5,
6.
S,
6.
U.
II.
84,
14 Mr .1.- Iliinirn
l'> Mr. Howard
I
lei To Mr 'flipper
I 7 Mr. Howard
l> Mr 'I'upper
JlllK'
Jiilv
to
■2b,
.\ug
4.
July
31,
Auk.
'i
. ■' I •» I»
'iit .Mr de Uuniien
21 To Culunial Office
'r2 ColoniBl Office
July
».
13.
15.
as,
Si'HJKcr.
Il'ai;.'
Royiil Aisfui (.Mveii to Seal Msliery (.North
I'.i ilic) Alt, ami Order in Couucil tu be
; ll•^ed iit oiii'e, »tien iiiHtriictioiK will be
>ei'.t to uaval ullii'ers. .Siniiiiir iustruclions
^llnltld lie Hem to llietKiaii officers!
'rraiisiiiits Order In Council and inatructions
to cruKem . . . .
" Uuaie Olseii " case. To olilniii cliait used
by Unns'ian Sjiecial ('iiiiiinission. and utate
exact petition ut' Island of Aria referred
til ..
Traiimiiilii " Seal Fiabcry (North Pacific) Order
III Council, 189:S "
Order in Ccniieil paHmil. To iaaiue necessary
uarn ngs at Jaji.iiii-.^e port:.
Order ill C'i'inicil and iimtruetiuns to cruisers
10 be cuniniiinicaied to Kimsian Goveru-
int'iit
liegnlalions under N-al Fishery Act. Trans-
mits telcLTain to Admiral
lii>lriictions lo |{ns^iall eriiLsera. Transmits
luwspaper extract, giviiiL' siilisiance
" Iiosie Olseii'' ense. Chart used by Itussian
Siieei.il ('ominisrion. I rantiuiits note to .VI.
Chichkine, a-kini! for .. ..
Older III iJiiiiiieil and instructions to cruisers.
Transmits nolo Inforraiii); Kusiian (iovern-
nieiit
TraiisiiiiiH copies of Order in Council and
insi nut ions tc cruisers to be issued by
.Ailmiialty . ,
rran-niiis despaicb from (iovernor-Oeiieral
tf Canada. .Steps taken lo «arn sealers ..
J'ciliire of sealiiiir-»essels by Iliissian cruisers
in If^'j'!, t'oiiiiiients on note from Itussian
Guveninieni with respect to ill-treatment of
crews and le<:alitv of seizures llefnre
piilliiif; forward claims, they should be
leter'i.l ,c Canadian Minister of .NIarine
and Fisheries. .
lEiissian .Minister has ieh').'raphii' instructions
lo iiiforiu nival otIieer« ot Aiiieenient, and
i:ive them instrnctioiis as to seizures
" Kosie Ol-en " ca>e. Itelera to No. 9.
TransniilB iinle fru;n M. Chithkine, for-
wardiii)' rojiy of chart used liy Uussian
Special Connnis.'.ion
Unssiaii SI iiiires in \Hii'J. Traiisniils No. 13,
for expiessiiiii of views
I'ruteclioi! of Inr-seal industry. Transmits
new liiissian Law
Ifiissian sei/iires in IVOi. .Answers No. I'J.
Sni;(;ests hii-«ian (loveriinieni should he
■sked to Hiipidy t'roiocols. lous, and charts.
and other lUx unieiiis. Joint Ciniiinissiou
ini);lil then he appointed
Kussian Sealint; l.iaw. It should lie explained
lo Kussian authorities th.ii (ireat llritnin
does not assent to anplication ontsiiie
Russian jurisiliciion
Warning to sealers, CousuU informed
I'rulectioii of fiir-DealiiiK iuuiistry. New Kus-
sian Law. TransniiiH despatch fVoin Mr
'I'npiier and draft despatch to Mr. Howard,
in aeiise of No 19 .
Fur-seal ill); industry. New Rnisian Law.
Answers No. '21. Concurs In draft to Mr.
Howard ..
12
14
14
Ij
13
16
P
17
18
18
[300]
^'Ki^i
TABLU OF CONTENTS.
Ill
I'aj!^
12
14
16
1'
17
18
18
Vo.
Name.
Dnte.
o;i To Mr Howard
14 Mr. Ilci«iiiil
. t
:j v'ololii'il Oftitr
ji, T(i Ml Howard
1; \!r. MowHnI
Coioiiial Oltii'i-
Aug. ao, 1893
I
Sept. lU,
91,
N'oi. 15,
as,
■-«,
a To Colonial Oll'ite
,1 .\Ir. Howard
I'o .Mr. Howard
.1 Mr. Howard
relojjrapliic
Tt'l^tfrapliic
'relejfrupliic
•-'(),
14
1"
<. »»
Ij
1"
1 oluiiidl OlVice
15
1.
lo l':.'!on<nl Ullicu
-4,
;iO,
3) Cululiial Ollice
:fl To Mr. Howiird
V) Colonial Office
41 To .Mr. Howard
.Ian.
Fvlcgrapliic
2,
3.
9,
BUBJCCT.
IS'Jl
Nuw Uuutian Law. Answers No. 17, I'u
irake rttwrvatioii as to any iiitrrferenw willi
KritiH*! lubjecti and vetaeli outaide Itusaiaii
tcrritoriul watura . .
Nvw Kus^ian Law, Anawvra No. US. Con-
vpr.satlon with AT. Chichkhe. It is not
Intended to apply to t'oruijinrni. View of
liUHBian (iovrrnnuMit witli regard to Awanl
01' lluhriii;; Sea Trilninal .•( Arbitration
ltu.ssian s.'izuri.t. T'anMoitH de«pdtr)i from
Canada, poliitmir out vjiitradiriioii* between
stateniint!! ol liriiiuli s Nilers and liiidini;i> of
ConiinUitlon. l-'ortlier iii^'orination slionid be
obtained from l(n.ssiaii Government
Ku.''!iian ^ei^ul•e^. Coiitriidiclions between 8iale-
inent» of siulersi uiiil uf I{iii<sian (iiivernnieni.
To upolv for eopie.i if I'rotocolH, logs, rliarts,
&('. M.'iin i|ueati,';::^ of principle involved.
(°l:iim» eaiinot at present be abaniloiieil
KusMuii seiiiire>'. lielrrs to No 26. Trans-
iiiitH note aililreshed to i{ii>sian (tovernment,
u>kliiK for I'rotoeol.s and for permission 10
iiispeet lojfs, ^ir.
T'raiiMiiit', ilenpaieli from (loveinor'Cieneral,
ini'l»!tin(; .Minute of Canadian I'rivy Council
dissentini; trom .M. Cliirlikine'it view re-
Kpectni): iMeiiDioii of the Iliiirlni; .^ea Award
lieiinlations to tlie Western I'acilio. Has
KiKsiaii (iovernment made any overturc<i In
tlii< sense or for rontiniiaiice of A;;reenient ^
Ucfers to No. 'JS. Kii'isian Government bave
niaile no overtures lor international arranjie-
iiieiit or liir lonlinnanee of .Vureeinent
Uussian seizure. Conver«iil:on with Count
Kapnist Iteipiest lor Protocols, ,Ve., lias
been iranKinuieii to Minister of Marine
Interview vtitii Count kapnist. No details of
woi'kiiii; of sialin^ arriinjtenient yet received,
hill itiissiiii (i'lveriiineni ask wliellier Her
.VInjrsty's (ioveriinienl would a^ree to pro-
luiiLMii^' Sealiiiir .Vtrreemeiii till liirtlier notice
lie'ers to No. 'U. Aulliorizes liim to consent
t'l iiilereliauiri' of notes lor prolongLtiiin of
Ajieeineiit eonditlioially on Rossi.iii (ioverii-
nienl inakiii'/ similar arrin;:eii,»iit witli tlie
L'niled .Slates' (iovernment ..
Ru>sian (ioveiiMPent will lake st»p» to make
arranueiiieiits will: tbe llniied .'^lates' (io-
vernment williont ileiuy, rrolongallun of
Vyreenieiit oIliciaKy proposed. Conversa-
lion W'ilji .M. lie Ciiers ..
Coiiversation uitli C'o.int Kapnisl. Proposal
10 reiU'W Agreement , .
Iniloses note I'roii Knssian (iovernment ntlt-
cially prej.asitijf prolon|;atioii of Airieeineiii
I'riiUni^aiion of Airreeiuent. T'ransmiis tei-,.*-
i;ra:iis to (iovernor-tieiiernl lit Canada
l'roloni;3lion of .Aureeineni. Transmits copy
of No. 'i!>, inrlosiii); formal p.i>posal of
liussian (>ov>'nnieiit and draft reply lor
coiienrrence. t'lvsli Order in Council will
lie neeessary . . ■ .
Kefers ti. ;I7. Concurs in terms of reply
to Itnssian Ciovcrnnirnt . .
Kelers to No. :ij. Tranamits note to be
addressed to Kiissinn (iovernmenl respecting'
pi'oloiikialion of Ai;reemenl
Tninsmila telegram to Governnr-tienersI of
Canada, desiring liiin to give publicity to (act
lliat .-KKreement is about to lie renewed
Itelers to No. 3'J. Words tu be added to
mile, conseniinir to prolongation of A|rree-
menl. which iiiake it clear thai no reply is
liccesaaiy from them . .
P*g.
IS
19
19
'20
•n
V2
'J3
23
24
24
24
25
25
•26
37
27
2!f
28
28
M'
.11
, 1 ,
IT
TABLE OF CONTENTS.
■■■H
^o.
43
Nanif,
Mi. Howard
44 j Kxtruut from " l^iidon
(lozette "
45 Mr. ilowariJ
^>i I iiiiial Ollicc
4T To .Mr. Fra»er
48 To Aduiiraltv
Dutc
Subject
ligi
I Jan. 10, 1^94 I
I
i Frb. 14,
I
49 T.. .Vlr. Howard
5<l Colonial Otfii-f
2S.
Tele|ira|.l)ic' ' .Mar. 3,
3.
6,
6,
51 Til Colonial Office
I
5- .Vir. Howanl
!>'■■ Colonial Olliie
I
5-* Sir .1 I'aiinii'fiiic
SS Colonial Office
.*)(> .Mr. MoA.iril
57 ' To Sir F''. Lascdies
j.s Sir 1'. 1 asifllps
1
5o
•' » t»
I
60 Colonial OfBci-
61
I L' 111 Colonial OfEce .. i
6.1 Colonial Officv . . i
10,
.May 10,
.hini' 4,
Jnly 10,
Atg. I.
14,
.Sf[>t.
f.
Oil
1.
Diu.
£1>,
J:in. I, 1M!.>3
7.
Itefrrs to Noa. 89 and 41. I'rolonjtatiun ol'{
Afrrrainent. Tran»niitJ copy of note I
addreuBpd to Itnsainn (■n?prnnieiil
Knanian Government have alriMuly roniineiK-pd
nefrotiationa for a ainiilar A((rermenl with
the United Statea' Government . !
" Order in Council (Seal Fiahery, North Pacific) !
l!<94." for givliiK effect to ttie At>revnieiii
with KnKsia
Conrer>atiun with Count Kapniat. Kusnian
Miniator at Waaliington of opinion that
United Statea' Government will cunaent to
an Aureeinent
Tranamita deapatrh from Governor-Oeiieral. |
incloninK .Minnte of Canadian Privy Ci.uncil
Stepa taken to notify to Hritiah Columiiian I
aealcra probable proionj^ation of .Agrremdii
with Itussia .. . ,
Prolonnation of Agreement. To iaaue warn- •
inga aa in 1893 .. ..
Trananiita Order in Counril (aee No. 44 V
giving effeot to renewal of Agreement. l)i..
>iralile that inatruetinna to naval officers
similar to thoae sent in I8!)3 should a;:ain
be i:<sucil, and that inatruclioiia aa towaninig
sralera aliould be telegiaphed
Tr.insniits copies of Order in C"odncil and ol
letter to Adniirally. To romiiiunieati' t'urnirr
to Ru«>inn (Joverniiient
Refera to No. 40. Tranainits denpatch from
(iovernor-Gineral. iriclo-ini; Minute of C.ma-
diaii I'rivv Ciiuncil reporiiiiu .»ti'ps taken in
give luililicity to renewal <•( Atri'imeiit.
Pres-unies Her .Majcsty'a Miuiater at I'likio
haa been iiistnnteil to acquaint aealing-
viaaeU Similarly . . .. ,.
Kelera to Ni\ 50. InMruclions aent to Her
Majesty's Mini-ler nl 1 okio to iaiue neces-
sary warninjia respecting renewal of Agree-
ment ,. .. ,.
Keters to N'o. 49. Order in Council cominu. 1
nicated 'o Itustiiaii (iovernmcnt . , . I
Refers 10 Xo. an. Transmit* deapalch from |
(iovernor-Oenural, inrlosini; .Minute of Ca- '
iiadian I'rivy Council, showing ateps taken to '
aniouiic proloii;raiioN of .\greeuient
Traiisiiiits copy of Agreement between tlie i
United Statea and Russia
Deapaiih fiom (Ti.vernment of Canada respect
iiig steps taken to publish Agreement »iili ,
Russia
Refers to \o ;'(). .Seizure of sealers ij\
Russian cruisers in IbiJV. Requests fir j
Protorolsj \e. ,,
AnsHcM's No. a(>. Rusaian seizures. To ^'i\i
hi' early attention to the matter of obtaininij
evidence aa to . . .,
Russian seizures. Haa applied for documen-
tary evidence. , . . ,
Russian seizures. Renewed upolication fnr
ducumentaiy evidence. Not* to M. de
(iiera .. ..
New Russian SiNiling Law. Deapatch from
(iovernment of Canada .
Agreement with Russia. Objections of
Canadian Governnient to legislation lor
giving efli'Ct to. I'ropnaed aiiiendmciits
Proposed meaxirea for insuring observance u .
Agreement with Russia .. ..
Concurs in proposed meaaiirea to iiiiin
observance ol Agreement with Russia. In
quiry aa to prolongation of Agreimeiii
between |{u>Sia and United Stan a. Cal •
attention to e.tpirv on the Isl .July of "Sea
l-islierv Ae!, IHui" ..
No.
64
63
66
(7
72
Sir
.>«
73
Sir
'M
74
74
To
Col
a:-
76
Con
C
S(
77
i,
■ Pifi v^iP^^^m^^WW^r'
Wff
TABLE OF CONTENTS.
o \Mue warn- ■
)uncil oomiiiu-
So.
64
63
6C
07
Ninne.
To Mr. Trench ..
To Admiralty
To Colonial Office ..
To Sir J. Puuiicefote. ,
To Sir F. LmccIIm . .
Colonial Office ..
Admiralty.. ..
Sir F. Laacellea , ,
Sir J. Pauucefote ••
Sir F. Laacelles .,
To Colonial Office ..
Colonial Office ..
Comiiiunicated by
Colonial Office
Telegraphic
Date.
Jan. t), 1895
10,
10,
n,
12.
15,
17,
23,
84,
•26.
Feb. 9,
Mar. ti,
20,
20.
Subject.
Her Majesty's Coniuls should warn aealeri
that Agreement with Russia remains in
force .. .. ..
Her Majesty's naval officers should warn
sealers that Agreement with Russia remains
in force , . . . . . . .
Answers No. 68. Transmits telegram to Mr.
Trench (see No. 64). Informs of lett(>r to Ad-
miralty (see No. 63). Concurs in proposed
telegram to Canadian (iovemment. United
States' Agreement with Russia. Her Ma-
jesty's Ambassador will ascertain whether
United Sutes' Government have any inten-
tion of terminating , . . .
Transmits copies of correspondence respecting
measures to insure observance of Agree-
ment with Russia. To communicate sub-
stance to Mr. Gresham, and inquire whether
United States' Government have any inten-
tion of terminating their Agreement with
Russia .. ,. ..
Transmits copies of correspondence respecting
measures to insure observance iif Agree-
ment. To communicate instructions to M.
de Oiers, aud to inquire whether any Russian
ships will be detailed for patrol , .
Telegram to Governor-GenernI of Canada
respecting warning of sealers. That Agree-
ment remains in force . . . . . .
Telegrams to Commanders-in-chief on China
and North Pacific Stations respecting con-
tinuance of Agreement . . . . . .
Transmits copy of note to M. do Oiers respect-
ing measures for insuring observance of
Agreement .. .. ..
United Stales' Government have no intention
of terminating their Agreement with Russia
Note from M. Chichkine, inclosing documents
respecting seisurc uf scalers in 1892 ..
Transmits copy of above . .
"Seal FiHhery (North Pacific) Act, 1893."
Modifications suggested ..
Memorandum forwarded by the Governor-
General of Canada respecting the operation
of the Agreement with itussia
Amendments in " Seal Fishery (North Pacific)
Act, 1893," suggested by the Governor-
General of Canada
Page
42
411
43
4S
44
44
44
45
45
4«
47
47
48
49
(36G)
I > ■]
t*^ *
:.:»
■I'^il
M
t
{::C'.)
rfiiii'^«|)<»iMlence n'speclin|[( the Ati^ivcmont with Hiissia relative to
the Seal bisherv in the North Pacilic.
w
In continuation of " Russia No. .'J (18!Kl) :" C. 7021).
No. 1.
77ie Earl of Rosebenj to Sir R, Morier.
{Telcayaphlc.) Foreign Office, July 1, 1893.
THK Quocn's assent was ^iven on the 29th ultimo to the Act of Parliamont
passed in pursunnco of tho Scalin£» Arranscemcnt with Russia. Tiio Onlci- in Council
ffliicii is required for carryini; out the provisions of tho A^n'oraent will also bo passed
witlumt delay. Her Majesty's cruisers have already been diiveted to warn British
scalinsj-vessols that an Afcrcement has been made with Russia, and formal instructions
will be sent for the guidaupo of our naval oliieers as soon as the Order in Council is
issued.
Copies of these instructions will ho forwarded to your Excellency, and you will
k' requested to communicate them to tlie Russian Government.
Her Majesty's (lovernment trust that corresponding ortlcrs Mill be ji;iven to the
Russian oflicers with regard to the formalities to be observed iu making seizures, and
in recording evidence for the purpose of eventual prosecution.
No. 2.
The Earl of Rosebery to Sir R. Morier.
Sir, Foreign Office, July 1, 189.3.
WITH i-eference to my telegram of to-day, I transmit to your I'lxcellency
licrewith copies of the draft Order in Council, which will he issued on the itb instant,
for iriving elTeot to the Act of Tarliamcnt relating to the Sealing Arrangement with
Russia.
1 also inclose copies of the instructions for the giiidance of Her Atajesty's cruisers
in the neighbourhood of the Russian seal islands, which will be sent to the Com-
miinder-in-chief on the China Station iis soon as the Order in Council has been passed.*
A summary of them will bo forwarded by telegraph.
As soon as the Order in Coimcil is passed, [ will inform your Excellency by
telegraph, in order that the documents may be commuaicatcd to the Russian Govern-
ment
I am, &c.
! (Signed) ROSEBERY.
: .4.i
[366]
• See No. 11.
B
hi
m:}
t;^
wj :
til
N(). 3.
T/if E<»r/ 0/ Rosehery to Mr. Howard.
(ToloRrnpliip.) Foreign Ofice. July i, ^93.
SMIZUHK of sonlors.
With rnl'i'rencn in the Roport of thi" SfH'cinl ComnMiit*ioii» vsliii-h was 8«!iit home in
Sir 11 ^lorii'r's iltNiintch of fhi' 12th iilliino, ph'asc cndcnvoiir to olitain a {'opv i.l' the
clmrt used by flw Coimnij.sioii, and slatf tho cvin-t poHitioii of the Island of Aria wliiel,
is reforrod to in the case of the " Itosii- Olscn."
It has been found tlmt tho distances of the points of seizure from the slioic, as
pjven in tlie Itussian Report, show eousiderable divergence frona those distauecs as
mnrkod on tho charts whicli wo liavo hero.
No. l.
Counril Office (0 Fore'ujn Office, — {Received July 5.)
Sir, Whitehall, July 1, l8i);i.
I AM direclfd by (ho Lord I'n'sideul of tlic ('oiinoil to transmit to Vdii tli,.
acconipanyini,' Order of Mer Majcsly in Couneil of tiiis day's date, I'ulitU.Ml, " i In; tv-al
Fisliery (Niirlli Pneilie^ )riler in t'onneil. !Si);l;" and ! am to request that yon will
lay tlie s;ime before the Secretary e,f St;?!' fur l-'oreiuii AlVairs.
The Onler will be piiblislieil in the '■ Loiuhfii Ciazelte " of tin' 7th o'sluut.
I am, &e.
^Sigrled) C". L. I'iOLL.
Inelosure in No. 1.
Order in Council, dated July 4, 1893.
At the Court at Windsor, the Mb day of .Tuly, 1H!)3.
I'resent :
ThK C^UKKN's :MoST Kxt'ELLENT MAJESTY.
Lord Presi(h'nt.
Lord Steward.
Lonl Kensington.
Lord Vivian.
W1IEI5I:aS by •' The S(>al Fishery (Xorth Pacitie) Act, 1893," it is enacted that
Jler Majesty the Queen may by Orch'r in (,^)uneil prohibit durin;; the period spceiliod
oy the Urder the eateliiuLr of seals by Brilish ships in such parts of the stsas to MJiicli
that Act a|)plies as are speeilied by tlie Orfler ; and tliat b ;' eiirrying into etl'eei nii
arrangement with any foreiL,'ii State an (Jitler in (Joiincil may provide that such ollict ■^
of that State as are specified in the Order insv exercise the like powers under the Act
as amy l)e exercised by a eomniissionrd otlleer on full pay in the naval service; of ilei
Majesty in relation to a l?rili>ii >lii)), and ihe eiiuipment and crew and eertilieat.'
thereof; and that any sneh Onb'r ir.iy contain any limitations, conditions, qualilic.i-
t ions, and exceptions which up|)ear to Her -Majesty in Council expedient for earryiui,'
into eifeet the object of the said Act:
And wbereai the said Act applies to the seas within that part of the I'acific
Oc(;an known as Behrinij Sea, and within such other parts of the North Pacific Ocean
as are north of the I'ind jjarallel of north latitude :
And whereas an arran<rement has been made between Ifer Majesty the Queen
and His Imperial Majesty the Emperor of Russia, whereby British ships engaijed in
• See"Uus«ia Xc 3{1893>''
L
Iiuntiiisf Hcnis within such piirU of the Raid seas us arc licrpinnftor >i)ori(l(;(l may be
jciiPil i'y Hiissinn <Tui.scrs :
Now, thciTt'oH', Jlcr Mnjcstj, in virtup ol' tiic powers vrstc*! in her by the snid
recited Act, and of nil other piiwcrs cnnhlinu: Iht in tlint lielmll', is licrclly pleased,
1)V nnd witii the advice of lier Privy Coiiiicil, to onlir, mimI it is liereby ordcivd, a.H
fi'illows : —
1. I'Vom nnd after the 4th day nf ,)niy, I8'.t:». until the Isl day of Janimiy, IHOI,
the eatchin!,' of seals by Uritisli ships is heret)\ pioliilMtcd within such [larts of the
sens to which the recited Act applies as art^ couiinised within the rollowitiu' /-ones, that
is t" «ay (1) a zone of 10 mnrine miles on all the Kiissian coasts of hehrini; Sea and
the .North Pacific Ocean ; and ('!) a /one uf :',(( mirine miles round the Koniandorsky
Island- and Tulenew (Hobben Island).
L». The powers which, under the recited Act, may lie exercised by any commis-
sioned officer on full pnv i-i the naval serviei' of i[er .Majesty may be exercised by the
Captain or other oflieer in c(»mmand ol any war-M-.Ml nl His Impeiial .M;ijesty the
Rnipi'ror of Russia in relation to a Ihilish ship, nnd the equiiJinont and crew and
ecrtilieate thereof.
;V This Order may be cited as "The Seal I'ishci'V (North Paciiic) f)rdcr in
Council, 1803."
(Signed) C. h. PRE!..
'■■. •>■
C'^'!
No. 6.
Thf Earl of lioirhnrj/ In .\ff. ilc Hiuisen.
(Telegraphic.) Fonifin OJfin; Jul,/ ."», I8t>3.
ON the 12th May you were iustrueted to wjirn British seaUn-s that an Aj,'rttment
hiul Itcun made with the llussiaii Governnu'nt to prohibit sealing within (certain
distances of the llussiau coast and islands.
The Order in Council for (enforcing this Agr««ment was passed yesterday, ami
British stnilcrs who iafringc its provisions are now liable to be simmmI by Jtritish or
Russian crvJ' rs.
The necessary warnings should be givtm at Japanese ports. The Aa'-airalty have
sent instructions to British naval ofHcers.
'"■■\-
No. fi,
'I'/ir Hurl of Rosehrri) to Mr. Howard,
(Telegraphic.) Foreign Of/irc. Juli/ 't, i603.
WITH reference to my despatch ol' (he 1st in.stani. yoe. are authorized to
coraiuunicatc to the llussiau (loverninent "flic Seal i'isbery (North Pacilie) Order in
Cnuneil." which was is.su<!d yesterday, and also the Admiralty instructions.
No. 7.
Admiralty lo Foreign Ojfiie. — {Received Juli/ 7.)
Sir, Admirulhi, July fi. Ih93.
I AM comm.'inded by my 1a>i(1s Commissioners of the Admiralty to transmit, lor
the information of the Secretary of State, for Foreign AtVairs. coj)ics of teU^grams,
dated the Uh nnd Cth instant, sent to the Commanch'r-in-eliief, China
... 1 am, &c.
(Signed) EVAN MACGUEGOE.
: :4
f , I ' r'
[366]
R 3
m
Inclosurc 1 in No, 7.
Admiraliij to Rejr-Admlral Sir E. Fiemantle.
('IVlo','nii)lii<>.'> Adniiatlhj, Jul;i I, 181).i.
HK(J('LATlO.\S under Soal Fiilicry Act aro as lollmvs. liul do not act willuml
i'lirllicr instruct ions :—
Mrilisli cnii'iciN to co-opiTittc witii I?tissian in iin-vciitin:; uorsons liclon;;in;; to
Mritisli ships killing; or liiintin<; seals witliin /.ones 10 marine miles Kii::?iuu coaM,
and .'{») niarinc miles round Commander an! liohluMi Islands.
Warn Mritisli sliips they an- liahle to ca|iturc for contravcMition.
Uritisii or Unssian crniser uiav >lo|) .md examine UiitisJi ship contravenintj.
Uritish ('onimandcr cxainiiiini; "ihip should draw up written statement ol
circumstances and grounds.
If evidence in statement taken on vtath in presence c)f person chnri^fMl haviiii;
liberty to ."ross-examine and reply, Commandrr shuidd eerlil'y ae<'(ir(linu:ly.
Jtritish Commmder scizini; sliip shoii'm t.-ike iier tor adjudication to Vokoliainu nr
Sliani,'hae, or Urilis'; Colonial port haviiii; eonipeteiit C<nirt.
histeail of sei/ini; itritish Commander may retain certilicate, i,'ivini; provi>i(iii,il
one, or return eeililie.-tte indorsed with i.'roun(ls for seizure, and direct ship in pin.
visioi'al certilieiite or indorsement to proceed lortlnvith to spceilied |k)H.
oritish Coaimaniler should in any case remove seiilin;; e(|uipntcnt, and send it
witii certitient*' or copy of indorsement, aiul statement and witnesses, to spceilied port
to British Consul if ^ Okohanui or Shani^h.ae, Collecfoi .' Customs if cidonial port.
^^'hen Ilussians sto|> ship Commander will at first opportunity hand oi'Mshipor
doeiiniehts to Mritisli cruiser or authority.
Uritish Commander reci'iving shij) or diMMimcjits J'r.>ui Itussjiuis t<i proceed :l^ IT
himself had examined ship.
In every case Mritisli Commander should record nanu' of ship an<l neister, .iml
inl'( rm Commandrr-in-eliief of ;ictii>n.
Hussians alone will exercise jurisdiet" »n within :t-mile limit.
Send iiecessjiry cruisers to carry out above. I'lill text of instruetiims and dneii-
mci]ts fellow In mail.
Inelosure 2 in No. 7.
Admiralty to Rear'Admirut tfiV H. Fiemantle.
(Tclei,'ra])liic.) Admindtii, Juhj (i, IHI?;!.
SK.\i.lN(i Order in Council d.ites tth .Itdv. .V<l on te'e-jram of tth.
No. K
Mr, llouard to the Earl of liasd , ji.-—{t{rrriiiil Julij 10.;
.My liurd. St. Pftfrslmnjli, .luhi 5, Is'.Ck
I Jl V\ i; tlie honour fo inclose herewith a Ininshi ion of an • x'ract fi' mi tin'
" Cniiis|;id! (Jazette," v'ivinij the siihstanci' of tin,' instructions issued to the ('apt. in
!<l the Imperial cruiser, 'he " Naycz'Inik,'' recenlly 'ispalcdi'd to th;' north of Kussi:i
for the pr<^ll'elioll of the Uu.-Mi;;:; ".•n lisheries iiloni; tl."' .Mui'iiiMU enji.sl ;iiid White Sni.
Vour Lordship will per<'ci\c that, a(co:-.'.inj.j to these instrnetions. t'oivis;!! vessels
may only he sto]ipcd l),\ iie Itussian cruiser on th<- hit;)) seas when th(< pui-Hint sh.ill
have (Mmmence'l wiljii'.i territorial wat«'i-!i, or when such ferei^n vessels, keepi.iu'
iicyund the limits '.f the latter, sh:dl has ) sent hniits (uit toeupinrc lish, iVe., within
tliein, J'his is the siimc d'H'trine whitdi v ifi applied in the cases of (Uir ves-sels sei/eil
last yt'ar in tlie Norlii racilic Octvir.
I have, &c
(Sidled)
IIKNHV lloWAUJi.
1! find (liM'u-
,. IncloDurc in No. 8.
Sul>Hfai)Ce of Article in the " Crnnxdidl Gazette " of June 9 (21), 1893.
ACCOHDINCi to tlif "Cronstadt (iazctti'" of llic Otii (2lHt) Juno, ls!)3, tlio
I'aptain oi' tin." *• Nayozdiiik " cT«is«'r, rccc'iitly dispatelicd to thn north of llnssia for
tli»! protection of tlio Russian sea rtsiii'Hc'* aloiiu: the Mnrinan coast ami W'liitc Sea, has
received the following instiMictions for liis guidance: —
llo is to stop foreiijn vessels found in Ihissian territorial waters, to warn them
iigainst |)iu'suinu' tlieir cali-iiir in such wnti'is, and to obtain t'mni their Comiuandcrs a
iiritten und'-rtakini,' to flir cIl'iM't that they \\\\\ not capture lish or other marine
animals in Uiissiau waters.
ill" may seardi all vessels, cxe(|ilinir iiieM-i)l-\var, of a suspicious character, iu
(ifdcr to convince himself that a vessel has not iioat-hed in liussian waters. Should it
princ that hiich iioa'.-hiuy; has takou place, or tiial the vessel has hecu ovcrta!;en in the
net, the (bruiser is to arrest such vessel, and tu send her in projicr char|^e to the police
ollicer at Kola for lethal proseeution helore the Mnrman Mai^isterial Tril)unal.
Su>ipicious vessels may he slopped in lerritorial waters, and only in two CJiscs
Itpynnd the limits of the san:;\ viz. : —
1. When the pm^uit shall ha\i' coumeneed within 'he territorial limit, and the
vosi-1, payini? no attention to siijniiK i>:- -\\n\<. shall liavi- CM-aped he'.ond such limit,
2. When a foreiirn ti^hing-vcssel, k;'epin!^ Iieyond the territ()rial waters, shall send
IkiiiIs out to captun- lish, Ae., in tlieni.
in hoth cases the <"ipfain of the cruiser shall proceed as it' he were in territorial
\. Iters, and, in ca^e of noj-essity, pnr.iui> the <>oa<'liin!,' vessel to the outside limits of
the li'iritoriul uatei^ of .mother country.
Deliiled instrnctiuns an- '^ivn as In the pridiminary arrest and release of a vessel
lrni|iorarily detained; how the cn-w of arresti'ii ves.s(>|s an* to he distrihutod, vie-
timlled, kv.
The Comu'andini; Ollicer of iht' cruiser in Ixtund to keep a journal, in which each
CISC of siop|tai?e (.f a \fsse! for imiiiiry, search, or arrest is to ho entered.
111
: i'4
mm
No. {}.
Mr. Hoiiiiitl to the Earl of linsrhrrij. (Uiceived Jutij 10.)
My hinl, SI. Petemhurtih, July 5, 1H93.
I il.VVR the honour to ivjiort that on the receipt of your honlship's teleuram
"f ye^tcrday's date 1 went to the .NJinistry for Koreii^n Alfairs in the hope of seeing
'mint K^pmst, and askiu!,' him to furnish nie with a copy of the chart used hy th«!
lm|MTial S|M'<'ial Commission in I lie preparation of their [le|)ort on the cases of the
Uritish 'calers si-jzed l;ist year hy the I'ussiiin cniiseis;, as all the (jiiestions i-ehitiiipf Ut
'iieiM' cases have heeii ilealt with hy hi«' I'xcellet.ey s Dep.irtinent ; hut f found that he
liiid '.roni' to (icrninny, so I spoke to .M. (!hicl:kine on the suhjei't of my request, who
liiri:<'<l nie to .address him a note which In- could siihmit to the Minister of Marine, as
die latter, he sjiid, had eompleti> control o( all matti rs rclatin<j to charts.
I have the honour to inclos<' a copy of tht'' note wlueli, in compliance with
M, Cliichkinc'H re(|ucsl, I have this day addr.'ssed to his riXcelleiiey.
I have, &c.
(Siu'iiedl IIKNIIV IIOW.AKI).
': 'M
Inclosuri' in No. !».
^Ir. Hniniril In M. '.'hirhkiiie.
\l. le Conseiller Privi'-, S/. P.terslmnjh, June 23 (July 5), lHO;i.
WITH n-ference to our eonver.s«ti(Mi of this afternoon, I have the honour to
iiiloini your Kxcclleiiey that it appcaiN tint the distances as to the positions where
British sealinj;-vess(>ls were seized, as mentioiuHl in tlie ll44)ort of the Imperial S|MM;iiil
'ominissioii inclosed in your Kxivllcncy's note to me of the 29tli May (10th .luno)
liist, (lifTer greatly fn»m those given in any charts jMissessed hy ller Majesty's
Uuvcmiuent,
;^l^
'•'k
I'ii(l<"r llit'M' (•inMim>>l!iiii'c".. ilii> l-,;ii'l n',' |{tis('ii(»rv cxiivcssi's llic lii>|ii' (Inl ii iii;n
1)c I'lMind |i)issili|r to I'liriiisli Imn with .1 •'<i|),\ of Hi)> clitiif iiscil I'v tlii> ltii)i)'i'Jiil ('inn'.
niissiotiiTs in tin* )irf|)!iiatJ<tii ol ilun lli'[iiiit
It lias in'ciirrcil to me Ili:il Hn- Itiisvian diail max Im' lijiM-d mi tlir niiMidiini iil
I'lilkiivii inslond "I liial ol" (JrrfUM iili. uliicli mas arcdiiiii lor llir al)iivi'-iii<'iit;iiiiii!
(lillVrt'iif*', iiiil it is liki'wisi- aiorc tliaii iirdli.ilili- liial I In- I'harl iinimI Ii_v liic ('l>lnllli^s|(,|l
is iiiorr o<>iii|i)i'li' than ilinvi- in niir iKLSMssinii. a> l.nnl IJuscIh i^\ ^talrs ilia! il li.i i imi
Ik'cii iiii.ssililc til |>la"(' iIk' Islainl III' Alia w liicli ix tiu-ntiuncil l)_\ llic liiijirrial I'din.
inishiou in tlu' cast) ol" the ISritisli vi'ssi-l '• lioNJc nlmn," mil il tlicrciiin" Ma-iiis all ||||.
luiifi' noiH'ssnrv tliat llcr Maj<v.ty'H <io\rrnini'Ml slioiild In- liiinislMii \^ illi a ri.jij i,|'
Ml*' llurtsian chai'l.sn as i<> I'Dalilt* thrni to |)ni|i(>i'l) iindri'stand all llir details I'tmlaiiaid
in lii<< Itopoii III i|Ui-stioii.
I avail, iVi'.
(si-iu'd) m'Nnv iio\v\i{i)
No. 1(1.
Ml . llmninl to llic Km I nl' h'l'srhri 1/. - i /{n'rnrtl Juli/ [0.)
My lii)rd, SI. I'llemliunih. .lull/ (\, |yi:i.
\Vl Til ii'lrnMico to your lAinlship's tclcijraiii and div-palfli o! (Iif Isl iiiNtiiiil, .niii
to vdiir tolciirani nl yi'slcvdaN's dale it-lalini; In llic Ncaliiiic .\iraiiucnn>iit uitli Umsnih,
i linvc the liuiuiiir In iiu-losc licrcwitli cii|iicM ol the two notcN wliicli, in ulicdiciiir id
the iiiMtnictiiins cdiitained in the aliiAc-iuiniiai cnniinunications. I lia\c ad.lrcssnl in
tlie {{iissiaii t iovcniniciit <>u llic snlijrcl nl llic Order in I'niineil issued on llic
l-th iiiHtaiit and the InslnictionN I'di' the i;iudaiici* nl llci .Majcly's cnii.sei's.
I lia\e, ,ti'.
(Siirticd) lll'.NKV IIOWAIII).
Iiu'losnrc 1 in No. I(»,
»//■. Iliiiriiitl Id M Clin h hi II f.
Inclostire 2 in No. 10.
Mr. lluwitril III M. Cliiilikiiir.
M. lo ('oilscill.T I'lUc. SI. S'i-IvikIiiiiijIi, .lunr -'I (./«/// 11). I«0;».
WITH rct'crcnce In iii\ iin|<' oi ilie 22iid .luiU' (4tli ■liil,\ I Inst. I lia\e the luiiiniii'
In Iransiiiil licrcwitli In vniir l'.\eellciic\ a <'n|iy nl' llii- Hrdcr in l 'cinneil \»liicii \\.c
JNitned iiii tiic 'J'Jnd dniii' ( Mil liilyi for irivini; clVeet to the .\ct of I'arlianienI rclaliiic
to the Sealiiii; Arranirii'iciii (•■.ine to lictwccii oiir two iio\> rnnients.
I h»vc the liononr likcwme fn im-liMc a co|i\ nl the iiistriictinnti ior the ^nidaiur
of llcr MajcMtv'>. crtiiscis in the ni'ii;hlK)iirlioiMl ol Ihc Kusiiiun hcal inluntlN, wliicli Iimm'
l>M«n M'lit to the (oniinandei'-in-idiicr ol Her Majcslv's s|ii|ii« on tin; (.'hiiiH Staliun.aail
u MUinuutry of wiiieh Iium Ihmmi t'oruarded Ui him l)> lclci;;r!ipli.
I uvail, \a\
(Sigtiod) IlLNIU llnWAKD.
I1()WAI!I».
Sir.
' No. 11.
f^rrli/n Offiiv In Afliiiirnlhf.
Fnrriiin O/firi; Jiihi II, IHiKI,
I AM dircilcd h\ tlii' l/irl nl' Ito^i Ihtv *'> InniHrnit hcrcuitli fwclvi- copies »»{'
"Thi'Nt'nl FiHlu-rifx (Nuitli I'mcjI'iim nnlcr in CoiiiM-il, !''.».'{"• itirl ol llic iiiHirnclinnM
(n III' i^itii'd It.v tin- l,«)i'ils ('oniiiiiNMidiiiMs ul' llic AdiiiirHJIy Uir tiif i^iiidiiiu-c of lln
Majfslv's iiavjil nHicors.
( Hill, &A'.
(Hiiffird) T. II. BANDIiUMON.
Incli)Hiin< in No. 11.
"SKAI, i'lNIIKUV (Ndinil l'A(IKK) At-f, IHU'6."
l|(»\VAttl».
/ttlmirtilhi InstriirltDHK.
IN .•irc((rd:ini'i' willi ;iii !U'niii);ciiiiMil rinirlndfl lii(«icii •Irciil Itiit.iin .nid lln-siji
(III ill"' "UMJi .M'lv, l^'.i.t. :iiid ill ••iiMfdi'iiiilx will' llii' |in\\i'i'. vislrd in llfr Mnji'".! \ V
(I'liMMiiiniMil liy ■• 'I'lir Si'.ij ri-,||iiy (Nuitli riicilici \il, l-<!i:t," .iixj Ijir < Irili-r in
CiiMiicil. diitcd lip nil d;iy (iT .liil\, IS'.IM (copic'; "I' 'vlii'di (irf iltriclinh, llir l<illu\,iii</
lir'^lijllllnns li;iNi' lii'i'M Ml.'ldc :
I. Kriiinh rriit'<i'ri« iiriMo f*ii.o)M'i'al4> ^iili vi-hMdn ol' tliii IIukhIjiii impi'iiu! n.'ivy (ir
(iiiM'i'nnirnI in prevent in<.' pemons lii'liini^inv: l<> l(i'ili-<li ships t'rnni kilji'it; <ii' iiiinliiiu'
Mills ilniiii'4 liir period iinil williin llie /ones speeilieil in llie •,;ii(l (Injir in ''oiineil.
_'. I'ritisli sliip> IJKcly to lie ;il1'i'c(i'd sli'iiild lie wJiriied tliiil lliey will lie liiilili- t<i
c'lptin'e i{ loiiiid killiii;; or liniitiii;; simU williiu tliose /.ina-s.
I{. 11 fiiiy person Iteloni^iiii; In ti Urilisli ship kills, ttikes, hunfs, or .'itlenipts to
kill or t.'iki-. .'iny "•al diiriii'^' the said period or within the said /ones, or if any itritish
ship, or the eipiipinenl or erew lliereol', is or are used or eiiiployrd III siieh killint,',
Inking, hiinliiii;, or attempt, ii Itritish or a itiissi.in cruiser may slop and examine llie
ship.
I. Where llie ( 'oiiiriiatider of a Itritish cruiser stopH iinil I'vaininoH a ship, he
slionld draw up and si<^n u slalemeiil in writini; <>l I'le <'ireiimsl;inees iindi'r wliieh
iiiii llie ^rroiiiids on whieh lie stop|ied .itid exnniiiied the ship. II ev idcne*- contained
III the Klalcincnl he taken on oath in the presence ol' the person rii;ti':;ed in the
evidence, ae.d the person so ehur'jeij h;is ;in oppditniiity of eross-e\aiiiiiiiir_,' the pcrsnn
iriiini; the evidence, and ot makim,' his reply to the evidiMict', the (,'ommander should
iiTtily thai the i!\ idcru'.e was so taken, and lh:il Ihej-e w.-is such ojiporlnnity of cross.
vxainiiiitii; ;iiid of iiiakiii'.,' a repl\.
.'i. ir the ( 'omiiianilcr oT ;i Itiilish criiisi'r decides to sci/c the .ship, he i> to take
her Tor adjudication to one ol the spccilicd ports, that is to h.a \ , either ^'okohllm'l or
Sliaiii^diae, or a Itritish eoloiiial port at which (here is a coiiipelent Court. In orilin.ny
r.'isco. the Miosi convenient port \till he Yokohama.
*i. Iiihlead ol sei/ini; tiic ship, the ('oniin.indi-r of Die Itritisli cruiser ;..;iy, iT he
iliiiiks lit, eilher rei nn ihc cerlilicali' and '..;i\e .a provisional certilieale in lieu thercid',
>.r reliirii the eeriiln'ale with.'in indorsenienl ol' thi' u'"'""ii'ls on which it \\;is sei/.e(|,
and III eilher easit may diii'ct the ship hy an addition to the provisi m.il eerlillcate, or
to the indorsement, to proceed forth with to one of tlie speciliei! port i to he naineil
ill iIk rtiticatcor inihaNemcnt. I'orms of prov'sioiial ccriilieute ami of iiidorsi'iiieni
arc sent herew iih.
7. W here ihc ( 'ominanderof a Itritish cruiser sui/.es or indnrses a ship's certilieale,
he should on the lirst opportunity send the ci'itilicali! oi py of the indorsciiieni, and
.iKo the alioNc-iiienlioned st.iiciiient and the wifiicsses, to the spccilicd p'at, addressini;
tlie docnineiits to the pio|Kr otiieer there. The proper ojlicer will tie the Itriiish
Consnl if the Npis-iticd port is Yoknliainu or Slian^hae, and the (olluetftr of Cost mis
it it is a eoiunial port.
.•s. The (.'otniiiunilcr of h llussinii cruiser .Milhorized hy (he Order in rmincil
* lot iiwure III Nil. t.
to Hton niul I'xaiiiiiic n llritiNli sliin will Ih> iitstriicli'il at llii> lli-Ht opportiiiiity (wIhti.
fi>miilm>) to Imiid ovor the slii|) niid tliMMimoulH, or tlio (IiN'uiiuMitN, as tin* rase ni;i\ Ih,
to n British rruisor or otIuM- Hritisli authority.
"J. When' tln> Coninmnilor of a Itritixh cruiwr roi'i-.vcs such ship anil ilii:'uiiiii,t>
or such (locuiuciits, rriini a Kussiau cruiser, he is to pro<>(><Hl in liko nwiiuicr .is ji ||,,
had himself stopitod and examined the ship.
10. When* the Coiiuiiandcr of a British 8hip cither scizpw a ship or dcnls wiili Imi-
rcrtiticatc as ahovc dircctwl, or nsrivcs a British ship t'n>iu a Bussiau cruiser, :ill (In.
ei|uipniciit for scalii)'): i^ to Ih< removed ('n)Mi the ship, ami taken or sent to the |iiii|H'r
olUcer at the port to which the ship in taken or sent lor adjudicatioa.
11. In any <Mse, the t'onunaiuh-r of a British cruiser is to rin-oril the ii,iiiiiM,r
every ship in respect, of »*hicli lie |MTfonns any act hereiiiliefore direeleil or ;mtliiiri/iil,
and of her master, .ind lie In at tlie lirst opportunity to infoiin the Coninmiulc i-m.
chief of I he aelion taken hy him.
]'2. In the event of a British \<;ent visitint; the Komandorsky lsl;iniU .ind
Kohhcn Island to cont'er wiili the aiithoritit^s there, and to inipiire into the woiijn..
of the arnini;einent. British cruisers are to co-operate uilh the said Ai^riil, mikI i.i
u'ive him any assistance in their |H»«cr.
I.'t. It is lo lie iindci'stood tli.-it tlies<< Be!;ulations do not apply to lliose parK ni
the zones «liicli consist of Kiissian territorial «aters, ninl that within those waters ih,.
(lovcrnnu'ut of llussia will alone excrcis*.' jurisdiction.
(A.)- Form of Proii»tonul L'ritifiiale of Keijirlry,
N...
Diilv of Itcgikiry.
Naiiip of Ship.
Hnliuli iir Koi.-iifii tniill. I I'orl of llruinlry. How pclloil.
'2 The original cerlitlcate of tlio said ship, cont.iinini; the above 'particnlaiN, is
dated at , the day of , 1H . and purports to lie siijiieil
liy as lici^istrar.
y. The said orij»inal ccrtilieate has been seized, and this proviHional certidcale luis
Imvh u'nuited hv the rndersiv'niNi, in accordance with the jirovisions of "'I'he Seal
Fishery (North Vacilic) Act. IMI.'J."
V. 'Ihe said ship is heiel>_\ din-cled to procr<Hl forthwith to the port of
for .KljiidieatidiMind the masti-r is din'cted to report himself forthwith on arrival tlicn-
to the Britisji Consul ; nc ('ojleetor of rustoms us (he niir wiv: /cj.
Dated at I i;ivc ship's position] , the davof
1S«( .
(Signed)
f'nmmnndinij OJinr, If.\f.S.
w
(B.) — Form of Inihrtement on Cnlifirulr of Registry.
In ju'cordancc with the provisions of "The Seal Fishery (North Tacillc) Act,
1HI»:V'" the sjiid ship has been stopjM'd and examined, and this certincate has liciii
Hi-izcd by the Tntlersij^iu'd on the following grounds : — [Shortlt/ slnlr ijrounth.\
This certitleate is with this indorsement returned ♦.<) tlie master.
.^1
Tlic iinid Mliij) in linn>l)y ilinvtcd to jimrt'cd I'nrlliuitli (o \\\v port of
for n<l.iiMli<'iition iiiwhT flio mU\ Ar(, luul t.lic iniiHirr is lirrrliy dii-fctiMl Ut iiiport
liimsi'lf I'oHliwith on iirrivni Miort' U) tli« Hrilisli ConNiil [or OAUndnr ol' CustoraM, un
ihr idsr mill/ hr].
Milled at IkIvo sliipH poHilioti I , tlio diiy ol' ,
\m .
(Si!,Ml.>d)
('ommiiiulinif Offirrr, I [.M.S.
No. 12.
Colonial OJfir.e to Forriijn OJ/icf. — {Kfctined July \'L)
Sir. Ihirninij Slrnd, July II, 1 HSKJ.
Wrril rofon>nn( to prcviouH (!orn'spondrin!c rcHprcliii|^ llic ,\i,'n<i'im'iil, itcimiIIv
iiiiiclndcd will) ItiiKHia rid)iMv(! lo tlii^ prol>il)itioii of scaliiii; wiliiiri <m riaiii liiiiils in tlii>
Niirlli I'acilic Ocean, I am dii'frl(;d \\\ I lie M.'ii-(|U('ssor Itipon In Ininsniil to von. lor tlic
iiildriualion of Ijic Vt\r\ of Itowhen, a copy of a di'sptihdi from Hie <iovfrnor-(icn<'ral
(if Canada, wKli its inclosurcs, on tin' subjoct.
I nni, Slv.
(Siiincd) .(OIIN miAMSTON.
w4
IncloHuro I in No. 12.
Tlf I'.iirl of llriliy to thf A/nrc/MM.v of IH/ioii.
\!v Lorii, (lorernriii'nl Unu.se. <)llawii, Jiiiir S, mj)3.
Wiril n'rerencc to vonr Ijonlsliip's tclc^rarn of the lltli i.itiino, aniiontuiin;? the
.iiiii'liision of an A^^retMnenl hetwecii Her Majesty's (iovernnient and that of Itussia
nliilive to the prohihition of M.-alin^ within certain limits in tiie iSdrth Pacific Ocean,
I have the honour t<t inclose eo|»y (>f an ap|)rovcd Minnie of the J'rivy Council
1 iiilpiKiviiiK the ohwrvations of the Actinif Minister of .Vfarine and J'isli(!rics upon tlio
iiiiitler.
\ fiur Ijordshiji will ohsorve that the Minister >;ivrs particulars of the; sfeps taken
tn warn sealers, and draws attention to the rcfpiest of owrwrH of sea I int;- vessels that
Ihr Majesty's (iovnrnnnmt would send a cruiser lo pn-vent the unnecessary annoyance
i:f ilritish ships ia the carrying' out of the Agreement.
1 have, tte.
(Si^pnedl DERBY.
'M
Inclosnrc 'J in No. 1:.'.
arrival tlii'rr
RffHTt of a ('ommittee of Ihr Ilonournhh th" Privi/ Counrll, o/iproied Inj the (iovrrnor-
(imrrid in ('(niuril on thf 'Iml .hmr, IM(.'{.
Till'' Conmuttee of the I'rivy (!oun<'il have had under (•lynsidn ition a tclei^ram,
liiM it o attached, dated the llth .May, IHitll, from the M,'ir<|uess of 'Upon, .-innounirin^
lint :in .\rrani;ement has hecn eonsumnialed iietwei-n Her .Majenty's (Jovernnient and
lii.it of Hussia all'eclin!^ tiie seal (iHherie>. iidjacent to the territory of the latter «;ouritry
iliiiinu the \ear IHJCJ.
TIk! Acting Minister of Marine and I'isheries. to whom the despatch was referred,
oh-irves that hy this .VrraiiKcment il lias hi-cn agreed that, on condition of a limitation
•if the take of seals on the Kussian seal islands, \ i/„, (!ommander Islands and Ilohhon
M.niids or Kecf, t<i HO.tKMi durini? the present year by the Uussian Oovernment, Her
Miijisiy's (iovernment will prohibit stjilers from sealint^ within 10 miles from the
roasts of Hiissia and :J0 miles from the Conimander Islands and Uobhen Islands diirin:;
tlip same |H-rirKl.
The Minister further observes that Lord Hipon expressed the hope that the Ai^ree.
im lit would b<> signed in the course of a few days, but, in the meantime, he desired
that warnini; should issue to sealers to obsonx* the prohibition.
The MiniNt<7r desires tf) state that on rtjccipt of the Colonial Office despatch of the
\\m\\ C
Tu
IM
t-'
« ti-
■'i
*;/^
10
3ni Marcli, uuiiouneing RiiHsifl's ])r()])oM)l nf Uie Armngrntoiit jiifit confirmed, the
CoUoi'tor of Customs nt Vieloriu wns iiiforni(««l of the tenns ilipreol. and dime ted to
warn thn scalers of their liability if approacliiug Knssinn t<Tritory witliin the pn'scrilMMi
distances.
Tlic MinistiT further reports that, in aceonhiiiee with the n-quest oontnined in ilu.
dospat<^h under review, ho has eaus(>(l the lollowini; telegram t<> he sent, to the ('ojlt^ctor
of ('iist(»iiis at \ ietoria :
•' IJtieniiif,' to niv t»'Ie<»mm of 1 0th March and .Mr. I'hannelecV of I7th, 1 hiivc
now to ailvibc that English and Uusiiiun (Juvuiiunents have apeed to prohihit scMlin^>.
vessels IVoiM (ishinir within 10 miles of Ihissiaii coasts, and within ."iO miles of Itohbcn
Island and Comni.-inder Islands, diu'ing the present year.
•'Warn sealers to observe this ])rohibition, commuuieatin^,' with those who liavi'
already sailed whenever po.ssible. (Jive copy of tJiis to Officer Commandini; Ihr
Majesty's -hips at Ksiinimalt."
'I..e 'xinister submit.s ,hc Ileport of the C(dlector, together with a eonununieatidn
addressed to him by the Senior Naval Ofllccr commanding Her Majesty's ships ;it
Esquimau ; als(» copies of letters sent by him to Her Majesty's Consuls at Yokolunna
and Hakodate.
The Af inister observes from these communications that the terms f>f the ."Vnitnu'o-
inent arrived .tl retjardini,' sealinij in the vicinity of Hnssian water" were eonnnimi.
cated to the Senior NjimiI Ofllccr at Kstininuilt, as well as to Her Urilannie .M!iiesi\'s
('onsnls at V'okohania and Hakodate, .lapan, when- the si>alinu:-seliooners are ••xpi'dcd
to retnrn in .Inne to deliver ilicir ttateli, obtained in Jaiiancse waters, and to pr< cure
supplies bcl'orc llirir (le|iarlure to tiie llns^ian side of Kehrini; Sea. It will alsn Im'
observed thai eopit's of' the Notification were likewise .sent to the nuiKterof each Urilisli
senlinir-vessci bi-loiiijiie,' to N'icioria now in .lapancrsc waters, of which there are t\\eiil\.
four.
The Minister desires to invite attention to the statement in the letter of the
Collector of Customs, to the elTeet that Captjiin .1. tJ. Cox. a person largely intei-ostid
in sealing-vessels, who had just returned from Japan, and who was there when llic
Notification of March last, of the proposal now confirmed, advised the masters of the
senling-scliooniMs to keep correct !o'>books and irekonings, and have tiu>ir daily
position niark<'d on the charts, in order to guard again.st accident of being within the
zone uninti'ntionallv throuLrh the action of <Mirrents, and during the den.se fogs which
])revail in the locality <>!' the llrsslan islainls durim; the sealing sea.son.
The -Minister dcsin's also to direct attention to the closing portion of fh.e Coljcc.
tor's letters, in whieli he intimated that the owners of sealiiig-ve.ssels had expresscij
the hope that Her Majesty's (iovernment would send a cruiser to the scene of tli.'ir
openitioris to see that Ihilish vessels were not innu'cessarily harassed, and to see just ice
done them if they could establish liic laet that tlii-y were vvitliiu the /.one by unaMiid-
able cireiimstimees.
The Conunitlec advise thai yiiur lAculleney be moved to lorw.ard .-i eertilicd eci|i\
of this Minnie, toL'elher with its .\p|i('iidiees. to the .Most liononralili' ihe l'rini'i|iMl
Secretniy of Si;ilc for the Colonies, for the information of ller Majesty's (iovcn-
ment.
.All which is respect full V submitted for vour K.xcellencv's .•ippro\al.
(Signed) .IOH'N .1 McCJKI-;
Cli'rk of I he I'riri/ Cuuniil,
Inclosurc 3 in No. 12.
The ihirijuesii of Ripon to the Em I of Derby.
(Telegmphie.) Dointiinj Street, Mnij 11, 1ft!):t.
IIUSSIA.N (iovernment have stated that it is necessary to prohibit sealing-vesseis
fi-om fishing within 10 miles of their coa.sts and within 30 miles of Kobben Islaml iiiul
the Commander Islands Utv protection of their seal rookeries.
On eondition of limitation of take of seals on islands to 30,000 dtn-ing presiiil
year, Her .Majesty's (Iovernment have expressed their willingness to agiW to tlnsi'
measjiies.
In the conrKo of a few days wt? hope .\greement will be signed. Meaiiwl ih',
ssue warning to sealers to observe this proliihiliou, eominuniciitiny; with those wliicli
huve ulreail.\ sailed wherever poj^iible.
i
11
'' 'I'p'f???
TnolosuiT 4 in \<». 1 2.
Mr. MUnc lo Mr, Pni mi'tic.
Sir, CukIoids, ('iiiKiilii, I'iclnviii, li.C, Mai/ lb, IhOH.
I UAVE till! Iioiiour to stato tliiit, ill conipliaiurc willi \oiir lclfi;raiii. ilali'd the
13th instiuit, and tlic Deputy Minister ol' .Mrriiic and Fi^linics i>f tin' sanw dfttc,
copies of tlie same \v«r« prouijitly sent ti» Cajjtain If. llui,'iies [lallett, Seniur Naval
Olfieor comnwindin;^ Her .Majesty's ships at Ksmiinialt, Hritish ('i)lnnil)ia, and I'di- yonr
information I iiielosc you his reply, also copies of lef.leis sent to Her itritainuie
Majesty's Consuls at the port of Vokohania and Hakodate, Japan, where the
scaiinj;-s('hooners will retin-n in June to deliver their eateh olitained in Japanese
ffiiters, and to obtjiin supplies hei'ore their departure to the Hu.ssian side of liehrini;
Sea.
As snsygosted hy Captain irallett, that as the proserihed distriet is Iwyond the
limits of the Paeitle Xaval Sfilion, a similar Notilieation has been sent to tlu' Senior
Naval OHieer at Vokolmniu.
^Se|)aral!• copies were likewise sent in separate envelopes lo the niaslei' of each
Urili^h sealiuij-vessel in Japanese waters, IwcMty-four lieion^inu; to this purt heinu
now then
Captain .1. (i. (.'ox, a person largely interc-liil in seidinij-vessi^ls, has just returned
from Japoi, and heini,' there when the terms • l vour Notiliealinn on liie 17lli .March
last, whieh ri'aelied Japan lirst t'n)ni this porl, ninny of ihe selKiiuiers lieiiiu: then in
Yok'ilnoia. lie advised all the masters to keep LT'i'd lni^-lionks and ruekonin<,rs, and
hrtvi' their daily positims marked on their elnrts, in ease tliey w(!re hy aeeident within
tlic limiti'(l /(lue, to show lint tlioy were then- uiiiiitentie.nally, whieh inii;ht he the ease,
as it has been found that euiTents set northwards on the Itussian side, driftiufj the
vessels towanis the. Commander Islands, and this, with the dense foijs which prevail
tlii'ie (lurin;; the sealimr season, sealers mi!,'ht aeeidentally he within the 30 miles
without knowini; the fact.
Several of the owners here have expressed the hope that the British Uovcrnment
would send a cruiser to see that the vessels were not nnneccssjirily lianvssed, and to
si-e justice done them if thoy couhl esta?ili-li the fad that they were within the zone by
iiiiiivoidahle eir(*umstances.
Kvery endeavour will be made In eonuuiinieate with the scaling lltHjt that arc now
working northwanls on this coast, and I feel satislled thai all will be notitied before
any dc|uirt for the llussian side.
r have. &(r.
(Signed) .\. II. .M lUNE, tW/rc/or.
"■ fV-
Inclosure ."> ill No. VJ.
Cnptain HitlleU lo Mi. Mitm:
Sir, '• Oitrnrl," at Ei>quiiiiiilt, May l."», 1893.
I RRO to acknowledge the roceipt of your communication of the ^3th May,
together with copies of telegram, relative to Agreement between the British ftfld
Russian Oovernmcnts, which I shall make known to all Her Majesty's ships.
I should feel obliged if you e )uld furnish \\w with the names of those smiing-
vessels that have btien alrcjuly warned, and also from lime to lime of those who may
bo warned hereafter.
f would susjgest that as the proscribed district is In'yond the limits of the Pacific
Nnval Station, a similar Notification Im- sent to the Hcminr Naval <')fllcor, Yokohama,
Japjin.
I have, i^c.
(Signed) U. 11. UALLETf.
|360|
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Inclnsuro 6 in No. 12.
Mr. Milne to Consul Hull.
Sir, CiiKtomn, Cmiadn, 1'ictoria, B.C., Mnu I'l, lS!i:i,
I ilAVH tlio honour to tnuisniif licrcwitli ciivfloses contnining coiiics of
trlfui-atn ircoivfrl from tin; Deputy .Minister of Marine and Fisliorics and l)c|iutv
Minister of Trade and Coninieree for tlie Doiuiuion, wliieli I will thank jnu to W
caused to he delivorod to tlio several splioon( rs named, which all helong to this fort.
I hei; to iticlosc you several other eojiies. for j-our information and for distrihution
should other schooners call at your [lort, wiioiii the owners inform jnc arc expected to
do durini; next month.
I would thank you to jjivc every puhlieity to the terms of the Agreement eiitmd
into for this year between the two (Jovernmcnts.
i have, &c.
(Signed) A. II. :MIT.NE, Collclnr.
luclosurc 7 in No. 12.
Mr. Milne to Consul Troup.
Sir, Cuxluiiix, Canadii, Victoria, li.C, May l.'i, l*s93.
I IIAVK the honour to tnmsmit herewilli a numher of copies of a tele!,'raiii
received from the J)eputy Minister of ifarine and fisheries and Deputy iliiiister i.l
Trade and Commeree, advising me of the Agrt.'oment entered into b««tHee!i Hn
Britannic Majesty's Oovernment and Kussia, proliihiting sealiug-ves.si'ls fi-oin (Isliiim
within 10 miles of nus>ian coast and within 30 mih's of llohben Island and Com-
mander Islands (hiring the present year.
I heg to ask tiiat you will irive puhlieity to the terms conveyed in tin'
telegram, and I will thank you to li;tn<i eopteti to the ma.stei-8 of all British seidiii^
vessels that may 1m' in Yokohama this seiison, and which the owners inform nic ar
likely to return to Yok<diaina or HakcKlate before (.le;mrting for the Russian side ol
Behring Sea.
I have, &e.
(Signed) A. R. MILNE, Collnlur.
^
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No. i;j.
Colonial ()(licc tn Foreign Office.— {Rrrtiveil .lulij 23.)
Sir, Ihiruinij i<trert. .luhj 2t, \^^*X^.
I AM directed hy the .M:ii(|uess of Uipoii to acquaint you, for the inlbnnatioii »f
the Karl of Kosehery, that lir has had under consideration the despatch from lln
Majesty's Anilmssador at St. J'elershurgh containing the iujIc fn»m tin; Russian
Government rela c to the seaiiiig-vesscls captured hy Russian cruisere in the Nnitli
huiific last year.
The first part of the Russian iiotcdeals with the (piestion of the alleged ill-treat iiiriii
of the <'rews of the captured vessels while on the way to Petropavlovsk and during tluii
stay in that place.
Lord I'ipon ohsen-es, with regard to the statements in the aflidavits (»f the n)astt•^
of the seized vessels, corrolioraled hy the oHicers and crews, as tj the inadc([uaey ami
entire unsuitahility of the building allotti'd to the crews during their slay in
Petropavlovsk, that (hi' argiuncnt that the town had no buildings sufficiently largf lo
jirovide lodgings for the men is scarcely conclusive, as the captured vessels themselves
as well as the " Zabiaka " were lying in the harbour, and aceonnnodation for souu
portion at least of the crews might hav«! liccn ])rovidcd on board these vessels.
The further com])laint that no subsistt'iice allowance was granted until the^iiii
August was made, not in respect of the " Uosie Olsen," but of the " Willie Aledowaii.
the crew of which were landed d<<stitute on the 21st July, and nxicived no subsistcmi
allowance till the 3rd August.
* See"HuuwNu. 3 (18U3).'
IS
•coincnt cntC'Ml
fE, Collrrtnr.
(fE, CoUn-lor.
No noticp is taken of tlio stntrnicnts in tlii« adidiivits of the rnptain and oHicorH of
the "Ariel" as to the rol)l)ory (if tlicir <'ITt'<'ts l)v t!ic |iri/i' criMv, a matter as to wliieli.
in tilt! iat(!n!8l8 of the reputation (tf the Ilus8i:;n navy, some iiuiuiry siiouUl havt! Iieeii
made.
Tlic susgcstion that tliose interested can apjjeal to t)ie sniiorior naval authority or
to the competent Tribunal in respect of the matters of which these complainls are
made cannot he rci^arded as a, satisfactory way of disposini,' of these eonipiaiiits, as,
so far as Lord Uijion is aware, there is no ie;;al Triliiinal, and the only appeal lies to
the authorities whose conduct is in question, and as the Russian (iovcrnincnt has
lulinittcd that the "Ariel" and the "McGowan" from which the complaints
ciiianated were i'leijally seized, Lord Itipou has no doulit that, in considerin-^ the
i|Mrsti(in of eonipens;<tion in respect of the seizure of these vessels, the llussian
Government will not overlook the hardshijis and losses inflicted on the crews of these
vessels.
M. Chichkine's note deals with the question of the legality of the seizures, and
stales that the Commission "a rcconnu a honne prise tons les hi\timents dont Ics
clialonpes avait ('tc apen/ues ou arrelees dans nos eaux territoriales. 11 est indciiiahh',
en ell'ct, (pie Ics chaloupcs constituent juridiquement parlant unc (h'pendance du
schooner au(piel ellcs appartiennent. Leur saisit; dans dcs caux territoriales rend
par consequent parfaitement legale rarrcstalion du h!\tinient dont elles font en
(juclque sorte partie."
The question is one of i;;reat importance, and even assumiui^ the facts to be as
stated in the above extract, I.iord Ripon doubts whether it Avould be universally
admitted that they form an exception to the general rule, that a ship on the high seas
outside the H-mih' limit is subject to the e.vclusive jurisdiction of the nation to which
it hch)nifs. Lord Rijion believes the ])rineii)leof hot piusuit to be gcMierally reco-rnized
ia eases where there is no room for doubt either as to the tact of an ofTiMicc haviui;
been committed, or as to the iih'utity of the olVciider.
Rluntsehli, indeed, lays it dow n that " lors(|uc le navire a echappe aux poursiiitea,
11 ne jieut plus etre attaqiit- en jdcini' mcr par les navires d(' I'l-ltat lese," and he adds
ia a note, " la poursuite en plcine iner ne se juslille (|uc comnie continuation do lu
|)iiursuit(! ciimmcncee dans la partie de la mer di'iHMidanl do I'l'ltat riverain (nier
voisine). I'ette extt-nsion est neccssaire pour ;u>suier rellicaeilc dc la justice penule ;
uiais clh; cesse aussitot (jiie la pnursiiite vient a etre suspcndue."
Mr. W. E. Hall, in his " Inleinational linw," after statim; that the pursuit must
he commenced " while the vessel is still within territorial waters, or has only just
escaped from them," adds that "the restriction of the permission within the bounds
stated may be readily explained by tin; abuses which would spring from a right to
waylay and bring in ships at a subsetpient time, when the identity of the vessel or of
the persons on board might be doubtful."
The principle asserted by M. Chichkinc as ai)plied in the cases of the
"C. II. Tiippcr,' the " AValtcr P. Hall," and other vessels is put forward to justify the
search of vessels on the high s<'as on the mere suspicion that their boats may at some
time pi-cviously have committed an olVencc within territorial watei*s.
iSuch a proceeding appears to Lord Ripon to be totally inadmissible, and to be
contrary to the established Rules of international law.
The Russian (Jovernmcnt may be expected in support of their present Argument
to appeal to the case of the " Aniunah," captured near Copper [sland in IssH, whicli
was not pressed by the Rritish tiovornment, though there was room for doubt whether
the vessel was actually within the territorial waters of Russia when pursuit com-
menced; but there was at all events no doubt as to the commission of an oU'eiici', by
ihc boats, as to the conncctitm between the oil'ending boats and the vessel, or as lo the
identity of the vessel.
As regards tlu- seizures now in (piestion, there is much nnei'rtainty as to the facts,
and it must be observed that the cvi(h;nce upon which the Commissioners rely, and
which in every «'asc they take as conclusive, is simply the *,r partv and apparently
unsworn statement of the captors of the vtsssids, whose own conduct is be'rig investi-
gated, that that evidence has not been furnished to 11 cr Majesty's (iovernment, and
was given in the ab.scneeof all pei-sons in any way connected with the vessel seized, and
apparently without any cros.s.examination whatever, but with full knowledge of the
evidence submitted by Her Majesty's Oovernmeut ; so that it is not testimony lo
uliieh primd facie much weight couM be attached. Moreover, not only does ihe
account given of the various seizures differ widely from that contiuued in the
>
' ■ . I.
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k'ljiii
14
!illlil;ivi(N '.iiliiuiHi'il li\ llcr Mdjc^ly's (iovcriunnit, liiil is iuci>ii,sisti'ul, willi hm'Ii
ami uitli till' I'll licr iiljifitil !ic('iiiiiit<« ;;iviMi l)\ tlio itiisMiiiti (invt'i'iiinrnt
In tliix^c (■ircniiistanrt-s, l.orti t'i|)i)ii ttiiiik> that tin* cluiins t'or ciiiniinivitiitn
h|iiiiiI(I III' iii;ain iiirsscil u|Miti tin- IliisNiait (invrniiui'iit, liiil lie wmilii H(ii;t(i'kt thai,
lii'forc tiding so, tln' |in|H'rM slioiiid lie rcforrvd to Mr. Tiipix'r, tlif Ciuiailiaii .Minisii'r
of Marino nntl l<Mshi<ri(>s, for uii cviin'ssinn of Ii'ih y'ww* a« to tlw course wliicli >liiiii|i|
• >(• foilowiMl.
I an, 8ic.
(Sii;m.il) .lOirX iniAMSToN
No. 1 1.
Mr, df Bun»*n <« ihr Earl q/' liotebrry, — (lifceiveil July 'JtJ.)
Mj Lonl, Tilkiii, Jitnf }0, ]sm.
I HAVE the honour to rt'port tlint M. Ilitrovt*, Itiissiaii MiniNtcr at this Coiui,
read to uir ycstenlav a ll>l*•^mnl from SI. I'l'tcrslnir'^h, iiilorniiii^ him of tlir \i;rr(..
mt'ht with l''n);iaml I'Ntahlinhiii;; pnitrcliv*' /.uni's olY the C'umiiianih'r Islamis aiui
Koltlii'ii Isjaml, ami olT thr Kiissian coasts in Ihc Iti'hrim; Si'a ami othor part.s ol ilir
Noi'ili I'acitic, ami iliroctint; him to make this arrall^('ln(■lll known to tin- C'omni'inilrr'.
of Hus.sian v«'ss«'l.s of war in tin-si' waters.
Ill* was liki'wiso to instruct them to hami over, if |ii)ssihli', any Uritish si'.ihni;-
Vi'Nsd c:t|iturcil within the ahovc limit!) to an ollici-r rornnianilin^ a Kritish \cssel of
Mar, or, if no lUitisli vcsm-I of war »honlil Ik- within reach, to lake poHsession nf tln'
|>H|M>r!« of the s<>aiint;-\c»Mi'l, and to forward Ihein to the Kussian ('unsnlalc al
\okohania for tr.insmission. thrnu'.;h the Uu.ssiau Ix'i^atiuu, to licr .Majettty's Li'<;aliiiii
at 'I'l'ikii'i.
AL. iUtrovu was to expect full details hy |u>st.
I have. &c.
(Si^'ned) M. DE miNSKN.
No. 1.'..
Mr, Howard to thr Earl of Jiwtehfnj, — {llenined July 29.)
My liOi-d. ^'^ PetirsUunjh, July 20, 189.1.
\VI Til rcfcrenci' to n>y des|iatcli of tlio 5tii iuMtaut, I have the honour lu
tnnikmil herewitL A eupy of u note which I have received from the llusitian Uoveni-
meut. inclosing; a copy of the cliait used hy the ImiMu-inl Sp«>eiul C'ouuuiiwiou in thr
preparatitm of their l(e|H>rt on the ensi-H of the Krititth Ncalers Hcixed Uwt year hy lln'
l!nssi;ui cruisers, and in which M. ('Iiiehkim> oxplaiuM that the ditliculty exporienceii
hy your Lirdship in placing the spot \» here the " JlosicOlseii " waH scizeiLos mentioni'il
in till' :il)ii\e-nanu'd Uenort, arose from a clcri«'ul error in the 8unie a.s to tbo loogituiii'
iind latituii«! of the s|)ot in queHtion.
The l{u!«Nian rliarl is bn.sed on the nu'ridiau of Giveiiwich, hul likewise iiidieutis
those of St. I'etershurijh and I'aris,
1 huve tliauked M. Ci;icUkiuu for liia courtesy in this matter.
I have, kv.
(Signe.1) HENRY UOWAllD.
IiicloHuro in No. 10.
M. Chichkine to Mr. Iloward.
MinUtere dex Affairi's Etrnngrres, D^partemenl Aitialique,
Si. Ic Charged 'A ffairos, le Vl (25) Juilht, 1893.
I'AIl suite dc In note que vous avcz bien voulu ra'adrcsser on date du 23 .ruin
(5 Juillcl) ilernier, je me fais un devoir de vous tranamettre ci-pr^s uu exeniplain^ dc
la earttt dont s'est servio la Commission d'Exameu dn I'atl'airo de la saiiiie du navircs
Anglais se livraut a la peche au.v otaries dans la Mcr do liebrin;;.
i
u
m
i\ will) llM-ll
.Ic m't>ui|)i'uHMi ill' voiis iiifuriui'i- a crtli' ixTanioii i|uo Trrrour i|iii- IjdiiI l(oM>l)tTy
^ n-li'^i'*' <|«'>>>t >* l<i |i)iNitiiiii till si'luMtnor " llosiu OImmi" Ion ilo Hii saiHJr ii'ost iiu'uun
iii!ntioii ml llx« ilaim lu Nofirr
ouurnuli', a A!!" 'J;i' lalituilo
a ITU <•■ -I" I • - -
siiiipli' lurrur iriTritiiri'; l<> lifu di; uuhh* ilii iiuvin- rii iiii
Nil. '.' (iiii itvait ac('i*iii|)a;j;u(''i> iiiu iioti* ilu 2S) Mai, aiiiii>i> ipwumuw , u •>•• -« iitmuiiti
nunl »ur IHK 27' KiiiKiludo est, tuiiilis i|uu cettc puHitiim liuit i'*lr' ildliiiu aiimi :
:)3' 26' latitude iiord Hur iU.')" 27' loiitjitudu f»t.
Vimilli'z, Sir.
(8iguu) (JUICilKINK.
No. l(i.
The Eiirl of liimrb'r^ tn Mr. Tupfirr.
Sir, horrlijn OJfirr, Aiigunt 4, IHO.'l.
I TinSS^flT fM.py of a li'ltcr from Ilu- roloiiial omcr, i-otuniDiifiiig on llic
rciily i>f till' Itiissian (invcrnmi'iit ri'lalivi- to tin' sralini'-vi'ssi'N cnpinrrd last year by
Kiissiaii rriiiMi'iN in I lie Norlli I'ai'ilii'.
It will III' seen tliat Lord iiipon ron.siili'rs that n-ply to lie iMisatisfactory in Noini<
n's)ii-('N. Mis l.orilship sm!;i;i-s|h that tlii' clniniH for i-iini|M>nsation of thr ownci'K of
till' several vi'siU'ls should Im' iii^.iin pressed upon t!<e liiissian (iovi'rnnii'ul.
Kill hi'f'ont any strps an- taken in this dini'lion, l.onl iiipon Im of opinion that thi<
iiirr("*poiidenci' should he I'orwaided to you for an expresHion of your vit'Wd as to iho
coiirM' wliii'h Nhniihl ho foiiowi'il.
This 1 should he i^lud to roci'ivi' at your early coiivniii'ni'i!.
1 am, Ac.
(Sicrnwl) ItOSEHKIlY.
rise iudicuti'>
No. 17.
Mr. Howard In tht Kail of liosfhery. — {Urceivfd Auijiiul 7.)
My |,ord, >>•. relrrMlnin/h. .luly 'M, \H\Y,\.
! II.WI', the honour to Ininsinil hereivilh a Iranslalinu of a now Law puidiHhiMl
ill tlie " Ihilletiii lies Luis" on the l(ilh(-Mli) in^t:int. lor the proteetion ol'tlie fur-seal
lUliiiii; industry.
lt_\ ils provisions pelaM;ie seaiiiiu' is formally prohihiled, tind tie- eaptiiri,', sliui^hter,
;iMil imrsuil of fur-se;ils mi land is only aiilhori/.ed with the permission of the Statu
under speeial eondilioi'.s.
riie piualtii's for oU'enci's airidnst this Liw are imprisonment of from two to
sixteen months, and tin nlisealion of instruments of eaptnre, the eafeh, as also
ilie vi'dsel Herviii'p' for the piiisuil of the ind.isiry, with all llieir appnrtenanees and
(•iiri»o.
The District Court of Vladivostoek is to have jiiri^dietion in all eriniinal and civil
casi^ nrisini; in the Commander and Tuh'new Islands, as also in all diaries of illegal
seal lishinu; on the jiii^ii seas.
T have, Sic.
(Si-nod) IIKNRY UOWAllD.
\'^
Incloburu I in No. 17.
Extract from the " Uulltlin dm Loin " of .luly l(» (25»), 18J>3.
(TmnHlnlion.)
Ills imperial MajiHty was pleased to rnniirm and mder to he carried into rxeon-
lidii the following opinion of the Coiineii of the Ijnpire ncordeii in the Minutes of itM
preecediiiLCs on the I'.ltli Aprllilsl May'.'iiid l^lii (ISOtli' .May n--peeliiiu: the protection
if till' fnr-seul industry: —
I. In niodilication and aniplitlration of existinir laws, it sliali lie ordnininl : Tlio
|»'iu;;ic purHuit of fur-lwaring souls is entirely f'lriiiddeu; the Hlnughter, captuns and
■i : . '
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>H>ncri»!l\ (111' |)iirtiiil iif rur-tiviN <ii\ laitil ••im Iw ciirriril mi only witli (lio iMTini'tinh
• >r t)ii< (ii'MM'nniiMit, .'inti In a luiiniii'r |iri's<M'ilH>il li\ it.
II. Si'i'timi l\ of i'li!i|ili>r J, hmIi <<i>.'ti(>n h. of (In' ('imIc ii( CriniiiiMl inul Ctincilivi.
riiniMliniiMi(s, cdidDh tM^."i hIhiII Ix' .'ini|ililit'il li_\ iln' r<illii(un<.!; ( liilinMurc
* '.''.'I PriNiMi"" !;ml(» kI |ii>liitrii' |tiir>ini( of I'nrs-i'tilH, as alsn nl' (In-ir iiiliilidrv
|tiii-sni( inland, sjiail Ih< lialilr (o ini|iriN<ninii'n( iKini (un nxMilhs di onr voar and Unit
'I'hi' iiislrnmi'nlM d' t',i|>(iiri', (In' c.id'li. ami (he \i"«<<('l si<rvinu Cur (1m> |nirsiii( nf
tll<< indnsd't, \\i(h all (ln>n' a|t|nM(i'nani'rs and faru'*- "^liall In' I'lniliHi'ad'd
III I'arau'rapli l(Kl uC (Iii< lli";nla(ii>tis ('ur tlir \dinini'<(ra(iiin nl' iln< < i<i\i iiim
(icncralsliip iif (In- Vtnnr ri'irnni (Sjircial A|i|i<>ndi\ rrladn'r (n Nilii'itan hndHnlmiis,
\itl, li, \':w{ II III' (lir Ciiili' III' l,a\«s, < 'ondnnadiin I'^vi) sliall lir 'iin|ililli'il li\ ihi.
fnlliiHini; idiMTvalimt :
"Til (In' jnrisilii'ditn nl (In- CirrnH Cnnrl of \ lailivimloi'k shall also Iii'Imii'^ hH
criminal and i-i\ il rasrs arisini; in llir ('ntiimandrrand Tnlrni'U' Islands, as alNiicasrs ni
n«'«'Usa(ii>M 111 |»i'la>;ir fnr-Ncal raddnnv' "
St. I'rlrr»biinjh, .(m./m.v/ 11, \XW\.
. « •♦.i^iii
f#^
i
liioloHiin' 'J ill No, 17.
KrOwl from Ihf '• .loiiriinl ilr Sniiil-Pr'Irriihoiini" i>f Jiihi IS (.'U»), IH'.KK
l!N M'ldi linn \vis dn Cmsi'il di- ri',m|iiii' a|i|n'iinvi' par Sa Maji'Mli' ri''.ni|ii'n'iir
li> r .Inm. li'H dis|iiisi(iiins Minand's miiiI prisrs, i>n mis do i-i'lli-s i|iii i<\iNd<nl drja,
|iiiiir la iM'Kii'iMiiin do rindnsd'H' dr la pri'ln- iIch |ilioi|iii's a I'liiii'iiii'i' ^nlarii's).
I.'indnsdii' di' la in'-i'ln' di's o(arii'H I'li ploinr iiiit rst I'nr Ili'inciil ind'i'did' ; \.\
prist', rai>a(a'ri', i'( rii Ti'inaal I'lndnsdii' di' la pi-i'lii' I'li ipn'slimi snr d'rri' ii'i'inr n'rvl
aiidirisi'f ipi'a^i'r la permission dc I'l-ilat r( i\ drs I'midHiiins spi<i-iali>im'n( indiipiri'M
I, 's piTsoniii's Hill SI- livi'i'ionl a la pi rln* dr rulatii' nil a la prisr dr i'ri anipliilni'
snr d'lTi' liTiiir sails > a<i'ir fd> aiilnnsiM's, snnl passililcM d'liii I'lnprisiinni'iiii'iil dr drii\
fl soi/i' iiiiiis.
I^' Trilmiial irAri-niidissi'ini'iil di> \ ladivimlorK aura A jii-^rr li's niVairi's i'riiniiii!l(s
«'( rixili's (|iii SI' prndiiiriMil aiiv llrs dii ( 'nmmandi'iii' •■( aiix llrsili's riimpirs, aniM
ipii' (iMid's I'i'lli's ijiii< siiiili'<M'ri>ii( li's ari'iisaliiiiis dr sr lixri'r illirid<iii<*iit a la poclii'iliN
ii(ari«"i I'll pli'iiii' iiiit.
No. js.
Mr. Tiijiprr In thr h',,iil nf lintrln'rii. — (Ucrriml Auiiunl 9.)
Mj- li»M-il, Vitris, liii/Hsl'J, |S!i;t
1 II. W I". (Ill' lioiiiMir d> arknouli'dt;!' (hi' ri'ii'ipl oi" your lioriUliip's di'spalrli
of (In- Kli iiis(aii(. (raiisnii((iiii; i-npy ol" a Icld-r I'rniii (lii« ('olniiiaM HIii'i', rrlalur
(i) till' rapdii'i' las( yi-ar r.l citI liii Ihitish si'aliiin-vi'Hsi'ls liy Uiissi.m iTiiisciN in llir
Norlli l';iiM(ir
III ri'spniisf (ii ymir l.ordsliip's ri'iptcsj fur an I'xprrssimi of iii\ virus mn In IIh'
I'oiii-so which should III' rollowcd in (liis ma(d'r, I have I he lioiioiii' In sl.ili' is
foMows.
\n cvaiiiiiiat ion ol' the Ueport of the Kiissiaii ('onimission iipi <i llie sei/.nies nl
Urilish M'ssels ceilaiiily re\e.ils siroiit; coiitrailictioii helMceii the ;illhlavi(s (he lliiiisli
siilijeiM'i d>r«,irdi'ii to Her Majesty s (lovi'nunont niid the Ntateiiicnt of fact** set, oiil in
thc'Ucj'ort.
There are many ciiviimstaiices detailoil in that Hojiorl which n»nd«r the aecdiini
'.liven by it iiiilrns(\M'rlh,\ and iiiis;itisl';ietory.
.Many nl" the impnrttiiii principles oC iiitcniatioiial law involveil are siilislaetnrily
.statin! hy the Ihissiaii (iovi'inment in the rei-ent correspondeiH"*', liiit Iksiic is huh
clearly joiiieil on the faet.s toiichiiii; all (he seized vc'».si'ls exci'pt the " Mc(iownii " ami
the "Ariel."
The tacts in dispii(e cannot, in my ojiinimi, he settled liy an apiM>nl, either to (lu'
affidavits on one side or to the r.r pnrtr evidence on the other.
Witli n'gaiil to the principle of international law wsertwl by tho ComniiHNion,
17
„„,ii.l\. Muif fill' m'i/nri' "f ii xldi. onl.iili- ihr :! milf limil fur nlTr « (•(■niiiiitliMl
,111.1 lilllllirl|iMl IllW li,V Itt ImiiiK \nllllll l>'iillniii|l Ulltrm, I lin ,' In nriill In \ iilli l.<i|i|«
Oii|i'« ni'iillri'lMiii rnliiiii iiliiM<rviiliitti<« i>t Sir ( Imi'li's IIhhmII iH'tnic ||m< llilitiiii^ Si'ii
\il>iliMliiin III I'iii'Ih
Mil I vlilliin; Hull llitii> i^isN ii ';iimi.iI rinsinl liv iii'i|llii<Hii>ii) o mi llii- |tiM'( of
nil X I" III"' |ili'|>iii'ls III' siiili >.ii/iii Iir iiMililli'. hin r«iiiiiik>< \i\ '.mviii;; IIiiiI IIiii
|,„i.,Mit iiiiixl III' Ii linl iiiH'. iIihI It "iiiti lie niiini'iliiiir, mihI Hull il tiiii.it Ini vvilliiii Hio
llllIlN III' IIMIlll'I'llliltll
Null. MiHi irl'i'ifiii !• Ill llif llnvniii^f \i'U, Mir ('. IIiiMsrll miiil il wii* (liiiiliH'iil
HJii'llnr Hii'ir Iriic jiiHlillciiiinii iIim'm mil ir,| iiimhi iiii|ilii'i| iihhi'mI m rnnlitii^ In Hid
illCllllltlMIH" '"> III' I'lH'll rUHf.
I liiiM- Hit- li'iiiiiiir III sii!,"4rKi Hiiil ill" llimviMii (iiiM'riiiiinil sliniilii III' r)'i|iii>Nli<il
li.rlh Willi
I 'I'll Kii|i|ilv llif I'liiliii Ills i'iiiiliiiniii>{ llir cirriiiimlHiirrH of IIh' tfi/iiri' nf Hm«
|iiI|ii«IML; mIiim IM till' "•llsril." ■• M.irif," " I '.'irlllnllti'," " Vlllli'iillVri- Mi'lll'," himI nf
ijii' Ihiiih III iiif " \v r sii\ \«iiiii "
J Til l,'iv<" |H'l'lill'>>-|iill lu ii|n|mtI mill I iIm !■ i|i|i s III llir lntrs iiihI rlmiN nl" H|||
|. ri't;ii|iil,' M'ttMrU.
:i. 'I'll liiiiiisli Hir i'i|iiiil. I. II Hii' ciMiisi', 111 Hh' " /iiiliiiikii. " ' \ ilm/,." mil
K'lhli, " liiurllirr \\ llli rii|i|i s i>| llii' ft jllriici' '>l\i'li li_v llli' ('iiliniilllllli'i s iiT lliimi-
H'*'<-rl'< lii'liM'i' III!' I i)lilllli<<'<liiii
Sii Kiiiili MS Hilt mini iii;il Mill II >. liii M nliliiliii'il. I viiilllt'i' In sMl^'.n'Ml Hml II
mii>|ii>h;iI slmiilil lir iii.iili' Im llir l'llll^l ll ill imi nl m .Iniiil ( 'iiiiiiiii>.sinii In liikf rvi>li'iM'i',
li.ilji III I'lihiiilll ami III ItilH-iii, IniM'lllli^ Hie llirls m (l|,|i||ti-, sn Hiiil, in llir rvrnl ii|
llii' linVOniilirilN mil U'ltlU' .iMr In :i';i lirii'l' r ilmiili-l'ltlinil nl llir i viijl'liri' mi liiki'll,
IJii' rtiili'llcr ItlllV III' irliiii'l In ill lill i III inn, iiiiil llir viiliniis |ininls in ilill'i li'iK)' sn
..I'll llli.
I liiivr, ,V,c.
(.Sii^mil) ('IIAItl,l> II riUTi;!!
■H\
No. l'.».
Ml. 'I'llll/iri III lllf I'lllll III /{ii'.rliri II I Itiiriirll ill'/llll \'J.)
My l,i.nl. I'lirn. Ihi/k*/ II. |K(».'J
I II, W I'! Hie liniiniii' In iirk nii\vli'il'/i' llir iiTi'i|il nl' V""r linfUliili't il("<[('ili-|i
III till' Mil iiisliinl, liun^niiltini; I'liiHn'r ('(irn'MitMrulfiK'i' r<'H|MTliii'^ Hir Sfuluit'
Ki'L^llllllintlH isslli'il li\ llir |tll-<xi;in I in\ n iinii'lll
liDisniiirli an tlii'sr l!r|;iiliil inns mi' imt in |i rins cnnlini'il In I'li^mtiii >4iiliji'i'K, |
ki'liliirr In sII'^I^I'nI HiiiI mi ililiiniilinii nl' snini' kiinl slim |i| In- rmivi'yil In llir itiissimi
iiillini'ilirN wliirli «till iiirvrnl ils Itriiii; sii|i|insril Hi.'il final Itrilaiii liiiil in any w.'iv
i>M'lilril III llir ll|l|llil'aliiill nl' llirsr laus iintMllr llir nri,iiiMI'y jlll'iMllirl inn nl' Itiissia.
I liav(!, iVi!.
CSj.^Mi.'il) CIIAIIMIS II. TI'IM'Klt.
tll(« arciiiitil
■No. 20,
^^r. dr Hunnrii lu Ihr Kiirl oj liunrbrnj. i Ifn niifil Aminsl l.'i )
'1) Lird, 'liikiii, .lull/ IK, |HJ);{.
I IIA^'ti till' limintir In ini'ni'iii \mir l.nnl<.lii|i tliat, nii rcr<'i|il of youi'
• Il ufaiii "I Hir .'itli iiisl.iiil irlatiM' In tin- rccrril Vnrrrinml with iJussia I'nr ii
mli'i-iivc /,iim> rminil tlir cDaHts and isl'iinis n| tlir Nnrlli i'.iritir. I :il mii'f irirnriii" i
'•'I' Maji'sty's ('nnsiiis, in nriliT tli'it lliry iniL'lit warn ISrilish s|ii|).niaNliT4 Hiat an
iiilrr ill Ciiiinril has lirm |iassi'(|, rcnilrriii'^' Hritish slii|is inl'iiiiLcin;,' fli<' \i{ri'fiiifii'
alilr to M'i/iiri' liy Hiifisli as Wfll as ItiisNian vchsi-Is.
I liavc, iVw.
(Nitfncd; M. DK JMi.NSK.N.
laotii
18
No. 31.
horrii/n (iffirr !'• Coloiiiiil ()/ficr.
Sir, h'oifiijii (i/fiir, Auij»sl |,'», ls',i:t
UTI'H fclcn-iifc (<> flic WW 1,'iH |iriiMiiilKat('il \n (lie |{ii'-si:iii (idNi'minnil I, ■•
IIh< |ii'i)t< clinti ol' tin* fiii-x'itlini^: hull -.liv, ! u.i i|iit';'tr<! i»y (Im- \,\\v\ hI' IJumIh i\ |,,
tiiiiiKiiiil !i I'opv III' a ili'H|i!it<'li Mliirli lia> lifi'ii riTi'JM'd tiuni Mr. 'I'iiiiIkt nu |||
Hlllljc*'!.*
I :iiu iiImi to t'lii'u.'M'i!, I'nr llu' I'niiriirt'ciK I' llii- Miiri|tn>s ol' lli|i<>ii, ji ilr.ill ii|' ^i
ilrN)ialcli illicit, in coiniiliaiHc wiili \!i'. '|'ii|i|)i'r\ Mitr'-;'''<linii, il is |iiii|imsi'iI In lllll||•^■^.
to liri .Majrslv's ('liaise d'Allaiii's at .Sl. l'i'tiMsliiiri;!i, iii'liiiit iiii: iiiiii In I'lill tin
atti-iitioii III ilir UiisMaii I il" iTMliiriil tnllic tciiii^ i>l' tin last |.aia!;:ra|ili iil' lii- r>.,| •
of lilt' ItOtli Apiil (I'Jlli Miiy) lant,) |iiiiiitiii<; <mii that lirr Majtsty'M (low iniiirMi ia;i>.
rr\i> to tli<Mii'>t'i\i'M lull IVi'cildin to iilijt'cl to aii\ iritri'lrrcMti' willi ltnli>li siil|>'c|.
ll^il||' ltiih>'iaii (I'l'iilorial \\:il<'i>, ari iir<liiii; Id tin- iiiiial ai'i'i'pla!
t'>M I,.
■'Illli M'M.SrU 111
tlic li'iiii, nliii'li in nut haM'il oii an i-nju'om Ai;i'riMiuiil l>i'(u<rn tin' Iwn (ihvi'iiii n nis.
1 am, iVc
{.''^ii^ih'.l)
I'. CI mm;
No.
Coliinutl ()J/ii'>' III l''<in-iijii Ofiivr, — (Urrvivril Auiiusl •_'.'<.)
Hir, Ihiriiiiiii Shril, .lui/wil 'J.'l, I SI);;.
IN ii'|ily to yniir li'lli«r itf tin l.'illi in>laii', I am ilircclnl l>y tin- .\|,'in|iitss ni
|{i|Mni to slate llial liis l.iiri|s|ii|i I'ont'i.rH in iJn- terms nf tin' ilr.'il'l dcsji.'itrli vtlorli il !•
|ir(ipoM«(| to addifss I'l lli'f Mriioly 's ( 'li;ii-u'i' il' VH'ain's at SI. I'l'ti i-lnir'^'li «itl
ri'ton'!)''!' to till' ni'tv Russian L'l a li»' tin- inutcciion cil'thi' lur-Ki'iiiini; iiidiiMlry.
I am, \t
(SiKiuMi)
KDWAIM) WIMil'll.ld).
N.
7Vi«' fc'tti/ itf l*a»ehriy Id A/r. Iluiriml.
."^ir. luneiijn Ojfiif, Auijiist .'(11, |'-.;i;:
1 ll.\kl'; rccciu'd \oi,r di's|i;ilfli of tin' lllsl ullium, im-lovint,' ii Iranslalim
of !i in'« l.'irt |iii>iiHili.;,i.t'(t liy Mu' Itussian (io\i'riimt'ni lor tin' I'loiiTtion ol Hi.
fur Hi'i: lint; inda^'li\ .
It IS cvidi'ut tliat litis l.,'i\\, iiitsidi' Ilir li'i-iiloi'ial jiiiisdic'tioh, can oiiiv :i|i|>l\ I'
V.iiKhiisn '•ulij''<'ts and M'fsrU, uiili-<.s in \irliii' of an iiilcrnalion.'il .\<;iiM'mt'iii ii i
I 'llit> ,'l|i|di.'!illli' III till' snIiji'CtH tl!ul Vl>^Nl■i•i of ollirl' Count fit's.
In.'t'oniu'li as uo mw\\ .Vm't'i'uiint ■■xist.t, and asiht' Liu iu i|iirsliun is not in tiiMi'
nmliiiiii |.i iJussian Miliiri'ts, | lnvc In rcinn'si \uii to dia\> tin' alttiitiiin ol tl;i
im|ii'ri ti (ioVi rnmciit to tin' ('"nriudiu'^' paratri.'ioli ol yoiir iioti' to M. Cliirliltiiii' .i
t'lic Il'iIi May last,* in uliii'li, .niin^ on inslructinns. you inlornit'd tlic liiis'<i,'ii
(loVfiniitMil tliiit Hit .M.'iji nty's (ioMTiimrnt iniisl rrwrvf tii tliinisflvi'M lull IVi'i'ilnn
to nlijict to any intcrfi't'cnt't) with Kritisli Milijccts and vessels oiitsitlc itu-Niiii
lorritttrial watci-H, at'i-ordin^ to tin- usual at'fCjitalion ot tin- term, wliicli is nut liasn!
on III) t'X|iit'Hit Aunt'iiu'Ht lM't\»i'i'n tin two (lnvt'rnim'iitii.
I am. \(
(Kiifucd^
Un.SI'lMKItY.
• Ntfc IB.
t Hr. • Uuiim No. 1 (IMS)," p. tk.
.»./'
\u
at ir., iv:;
tXlTIIIIII'lll I,;
f llu-rlu i\ I ,
ipjH'r oil III
I. .■! lira 1 1 III' ;
si'ti III :iiliiro>
III III ('ill! til
ill Irl' lli'. Il.,|
i'HiiiM-til iiiiiv
rili^li siilijii-i
[i<-i'i'|ila:i"ii t,
ii"i\rril! 11 Ills
CI III!!!:.
No. 21.
Ml. Ihnnitil til //(/• Killl lit' Itiisvlii'rii. — {lirrrirril Srnlemlier IH.)
\|> l,.iiil. SI. I>rlrrxhi,iiili, Srplrmhrr \'.\, IHUU.
U I! II rcfrn'ii'T In yniir l«iiilslii|r- ili's|iitli'it ni" |||i* .•{(ili iiliiinn, | jmvc llu!
Ii.iiiiiiir In i'<-|i(il't lli.'il wlirii I rallril ii|iiili M . ( 'liiciilvilir tliis urifl'lliiiMi tin; coiiviT-
vitj'iii li:i|i|ii'iifi! lii-hl In turn ii|iiiii till' Aw.'ii'il o!' lln' lli'liriiii; Sm Ciiiiiiiiissin.i, wliicli
|,i> |',\ci-llril(\\' s'li'l u<is;iii r\<-i'l|rnl ilirisinil, llllil ii i^uiiil liifis I'or illl illU'l'mitiiilllll
M'iiliii',' HrnilitfiMiiriil.
! llirii ,'illiii|<'.! Ill llir iTi'i'iil UiiNsJiiii l.'iw I'lir llir protrrl inn i>r fiir-HftilN, and Knid
!li;il .iIiImiiikIi itii' Uiw ili^l nnl niciilinn !!iissi;in siilijri'ls, vrl il |)i-n!iil)il.i!(| |M;ln^ic
M'.iliiii;. lint I iliil mil Nii|i|in<ic llini in lliiil rct^iini it wiin inlcmlcil to apply to
liiiriLrii"''"' ; "I"! I I'l'inimli'il \l Cliii-hkiiii- nl" lln- n-siTviit inns niiiili- nn Mint |i(>inl liy
ii> :ii till' liiih' nl' Il iirlnsinii nl' niir Si-iiliiiu' A rrani^cinriit uilli tin- iin|M*i'iul
ij.iM I'linii'iii.
!lis Ivvri'lli IK'V I'l'plii'il tint, :iillinM.;li as a iiialtiT n!' {'act lliiT)! win- iiii KiiitNiun
sali'is, it was rmiinl ncn-ssarv In !ia\i' a law nn Mm Hiilijfct, lint tint aH rc^anlH
MMliiii; nil Mil- lii"li si'^i-. il iliil imt ijiply In rni'cii;iii<r-< as tlirrr was iki (|nrHtinn, as far
.IS I'liiici'i'iii-il till- laltiT, I I' rxtt'iulint; Itiissian jiirisilictinii lirynii.l tcrrildrial wattTK.
J liavr, Sir,
iSii,'!!!'.!) IIKNRY HOWARD.
iv/ •_':(. |s;):i.
' .MMI'liUtSs II
rli wliirli il i
■isliiiru'li «ill
iiliislr\
N(ii'li:i.h.
N«. '-'.•>.
Ciiliimiil Offiir III huii-li/ii (i(lirr.~ {liniiviil SriilniiliiT '22.)
Sir, Ihiniiiii/ Shi'il. Sriilrniliri 21, \^'.n.
WITH 11 ri'ii'iii-r In Illl' lilitr linin litis Dipailnirnl nl' Mir l'IIIi 'Inly. I am
>iiiM ti'il li_\ llir Mari|iirss III liijinn In transmit In ynii, lu lie laiil licfni'i' llir I'iarl of
i;.. I !iil\, .1 rnp\ nl' .i ilrspiilrli finin llir ( ln\ rninr-l iriirral nl' ('anail.'l, incllisilii; cnpy
■ i\ :hi Ipprnxril Alinillr nl' Cnlllicil l'r..pi'i'l iii<> llir sri/.llir nl' Hi'ili.sli Vrs.sris liy lilt!
lliisMaiis in Hrliriiij; Sra
(Signed) ' .'inllN HHAMSTON.
s7 •■III. Is'.C!
a I i':iiis|:i!ih;
'I'linli i>; ili
(inly :'p|il.> I
irrliiriil ! i
mil ill II III)
hlmn nl li:<
( llirlikilir ',
llir llilssiar
lull l'l'i'ri!i<ii!
siiir ItusNilll
is nnt li:is('i'
IncloNiirr I in .Nn. 25.
Adminisliiiliir A/oi.c In lli<- .V/rtn/i/cs.* of lUimn.
\\\ l.n'il, Ihiiilai, Sorii Sinliii, Sr/ilrwltrr (i, \>^U:\.
\\ Illl II I'l'i'inrr In \niii- |/ii'<lsliip's i|i>s|i,itcli ttf tlir 2Ut II .llllil* last, t'lirwarilini; a
I'jnli iniriil:ii_\ paprr <• iiilaiii'iii: llir l!i|i'irl nf llir Itiissiin (' iinnii^Hinn u|i<iii tin-
>ii/iiirt of hiili^li \(>isrls ill llrliiini; Sra, I liavr (lie linnmir In rnru.i!il lirrr«iMi cnpy
• if ,111 .ippiMMil Minnlrnl' llir |'ri\y rmini il i-mhnilxin" a llrpml li_\ tlir Ministrrnr
Maiinr llllil I'islirrirs, wll i pninis .riit llir rnlil imlirt inns lirtvkrcll llir lillillavilN ni Mil;
lli'ilisli sralri's am! tlir llmlinu's nf tin* I'nniiiiiHsinn, and simu'rhis cin'tain nii'aHun>j< for
Mitislarlorily drlrnniniii'.,' llir arlnal st:ilr nf tlir fads in ilispiitc.
I li.ivr. \r.
(.siunnMl) A. M< »N'I'(1( )M KUV .MnOllK.
•SIlMKItv.
Inrlnsiirr 2 ill Nn. 2.'i.
Itijiiivl (if II Commillrf nf thi' lliiiiiiiiin.il'- llif I'rinj ('(lunnl, npprnifil lij/ ihi (iorrrnor-
(irnniil in ('tiuiin' nn Im '2'lnd Aiujuxt, I's'J-'*.
Kvtniol.)
ON a Hi'iMirt datrd tlir l.'tli Aii:,'ii»l, IMIM, frnni tin- .Minixl-r nl Marinr and
I islinii'n, siiluiiiltim,' ilia.' an rxaniinalinii i.f tlir Krpnrt nf tlir Uussinu Cmnniis-
III upon Mio Mfinuii! nf Uritisli vrssrU rrvraU strniiR funtnulii-linn hctwcni the
[Am. I> 'i
20
Hi*H <»f till- IVri'i>-li >«iil)iiv<s r>r\v:vr(lril to Her Mnjcsty's (lovrnimciit .-iml i!,,.
•tntfiivnt i>(' (i\t-\* x.f ,Mit ii\ tin- hmII !*i|ii>rl, .•iiid fliiTo arc m;iiiy (•ir;Mm^t.ii|..,s
lU'' ii!(»(l thiMM'rti wliicli niwlcr tin- arcumil l: veil liy it imsalisfaclorx anil iintiiM.
v\i>"tltr.
'riif fin't<i in dt«nn1<' I'aniW'it f>** sctllrd liy an n|)pi')il citliiT tit IIh* airnla\il'. on .m,.
si(|i« iir 111 fill' ri intrio >>\i\\t^w^ iin flir 'ftln-r.
'I'll!' Miiiisl' ', iiiulcf I'Ih- f-'riMimHliin»'("^. riTDiiiiiU'iiil llial stt<|i>* lie lakni In Ip'.'in.'
lu'l'iin- Hit Miiji-irtT'* (iuv<M'nm''i«t tlx- rillnaini; sii<;v:csti()i»s a-* In the (•niir-f in U-
adopt I'd •
Tiinl tilt' l!iiKnian (iovi'i'i>t»i«'',ir olKniItl lie i.'nu<<s|i'il (I) to siipplx tin- rintiiniU
ODiitiiinii'ir ilio (•inMiiM>.t;iiii'i'> ■• .m .wHt-d wiili tlw si-iziiri"* of tin* rollowini; scliniiniTs;
tlw •' I iIkoii." '■ Marie." ■" <"iiritK'iili' and " \ iin- hivit Hi'llr,'' and of flif limils cif ih,
•' \V. r. Savwartl ; " i'D fi* pciiMtsMiiii lo iiispi-^t .-md lake rop r-tof tin* loijs and rli.'irls
of the liiri".'oiM*.r v«>i««'Ih; ill Utr tin- Ki-jmrt-. on llii' coiirsfs of tin- " /aliinkri,"
" \ itia/.' and " Ivotik." iHii4<*op«>-^ of tin- rviilrjwi- ifivcii liy tl'i- Conmiaiidrrs of iljcs
VfHA^U lirfori- t||<> (ornm >"*•**)* ^- !<o<»i ■*» <)>)• 'iil'oriii.ilimi i» olilaiiu'd, it is I'l'ciini-
mend' ' ' proposal slioiild '"• im^wIi- \<*' t'\v <'in>'»tiliil ion of a .loinl Coinnii' "•imi in
laki- r>, lii'»li in I'atiada an«l n rt.«i>»»i . lidnwii "Z tiic tads in dispnic. so tlinl.in
tin- i'\rir I ioM-nmiiMil^ not iii'iittr •'•'''•• t<» .-i.'i'ci' upon roiisidrntt ion of tlir
I'vidt'iirc v . ilii> I'vidi'iirt* may Im' tw'tiMT'-'l t • .trtHtralion.
riic <■ .fiitrt** '•*' adviitr that your KN/««»'IU»n»-T fcriiiovcd lo forward a (rriilinl nip^
>f ll»i"« Mil iitr till- Ml •'I llononi-aidf 'In- J'rin.»)p:il Sn-n-lary of Stair fm- ll,r
JolonicK.
All of wlmdi .- ' xiMS'tfiilh siilnnilti'd for \ oiw f'!t«'i»ilfiicv's approval.
^Hi^nl'(^■ JoHN .'I MrtKi;.
f'lrrk of iht l^nr}/ Cnui'nl.
No. 'il\
'I'lf Ktirl iif liiisriitiii III Mr. Ilniiinil.
.«»ir. lunriiiii (iftiw, Snir'nhrr ITi, IWC!
Sll{ W. MniJlKirS ilfsjialrh of llir IJili .Imio last, forwa . i llii' rrpl* m
llir |{>iisiiiii (loviTiiincnl uilii ri'u;aid to llir s( j^ni f UriliHii .. iiiiy-vrssi Is li_\
|{ii-<siiin criiisiM's in tin' N'orlli I'acilir, Ici'- lirm undi'r tin' rarrfid (■oiiHidrralion r.i
llor Maji'sty's (lovj-rmin'iil
'I'lii' fads of llii'>i' M>i/.iiri*s, as i-rpicM-nli'il hx tlic jtiissian (iinrrmiu'iil mi ilu
one side and liy ilir Canadian >.i'al('rs mi tin ntlnr. arc coiitradidory in snni.
material points.
Under tlics'' ciremnstjiiiecs, it seems Mcccssiiiy to 'ilipl.v to Ihe Kiisviaii (iowrn.
tnciil for copies of the i'rotoeols eonIainin'.r tin' rireimislanees of the sei/.urc of tlir
■• liosie Olsen," "Marie," " t 'armolile," and "\.ineon\er Helle." for permissiin in
inspect the |o>;s and cliaits ul these \essi<ls iipmi wl.icli the c;ises iiL;aihNl llieiii :nv
rmindeil, ;ind for the |{cporls on Ihe eonrscs of ilie " /.aliiak.a," " N ilia/..' iiii
" Kotick." I have ;tc(-onlin<;l_\ to inslnid mhi lo address ui :ippliealioii lo the Itie ii
I ioverninent to this elVed. in uliii-h xmi may c\pl-iiti ihai tier Majesly 's (iovcriiini'ii!
are also endeavoiiriii:; lo ohtain iliroiit;li the Canadian < ioxcrMiiien' I'nrther infoi'inritio
which is neeessarx to .inive :it .1 clear k imu leilu'c o! the lads.
It will not lie iieccssiu\\ Im- the prcsi'iil that \ou should enter inio an\ discnssinh
of tlu> nierils of the varimis eases. Iiut in any oli.ser\alioiis which may pass on Ilir
siilijed, it will he well to hear in mind tlie \ie\tsof Her .Majesty's (ioverMiiieiit as in
the main <{ueHliouM of principle involved in this matter.
i'hi*!«.' (piestionN appear to he as follows :
1. In wh.al c.asrs m;i_\ .1 vessri which h;is committed a;; «ITcnee within terriliiri;il
waters Im' c'lptured outside sneli watcis'r
2. .Mn\ the Imals n{ a \rssil hi- reminlcd as lonuiiiv part of the \esscl '■' and
;j. Ih a wM/.iirc III non-territorial waters made oij HUMpicInn of fin oir<'nce williiii
such waters jiislillalilc if the >iil.se«|iichl search atl'ords evidence of Ihi- otli-ncc h.niii'.'
Inmmi committed r
With lelercni-e loth' tii-s; i|neslioii. it is the iipiiii.;.". of Her .Majesty's (iuM'iii
inont thai such an iilh-in' ,j< xessel can mily he ariesled if then- has heen a hni ,11, J
lontiniiotis pnrNitit Iroir .he lime ivf the olfence In the time of tlio arri'Hl, and tliiit
tilt pursuit cannot properly Ih) deserihed as hot and eontiiiiioiiH uulem^ it ha.s I n
iiKMit ami t!ir
(•irnims|;iii>'(s
niid iinivi|»|.
IUl;i\il<> ii!i ,>i,
liiKrn III li;ii|.
• iMtiirxf ii. Ill
• llic rn.lMfni
iiii: scliMLiicrs
,<< IiiiiiIh III' I III
(ii;s iinil r\\:\r\\
!<• " Zaliink;i."
lIlili'IN (if the*
<(1, it is ri'ciiiii.
Coiiinii' ><i<iii III
lite, sii tliMt, ill
craticm of tin
I coriilinl r'ii|i\
Stall- Inr ll,
•al.
i;.
'nni ('iiu:tiI.
!,rr ir.. |S!t:t
(lie rc|ilj I.
■ ilill-vrHscIs li_\
>lisi(lr|'atinii i:!
llllM'lll nil ll
Idi'v in oiiiiii
sviflll t i'l'i I I '
sri/.iirc i>i iIm
|M'riiiissi III I'
ins! Ilii'iii .'III'
' N itiaz. " ';i' '
.1 till' llii' •
S ( illlCI'llhli II'
cr iiifiil'iirili'
lll\ llixMlssliii.
\ IIIIMN IIM till'
iMini'iil as I
liiii li'i'i'itiiriiil
ri '•' ilinl
(tri'liri' Milliiii
itlclirr liMMii'.'
rst \ s ( iiann
'rli a liiii .'il.il
ri'sl, ami lliiil
Kb it liUM Imm'ii
21
, iiriivl on so that (apart I'foni any <'vi(l<'ricr rninil iipmi arn-sl) tl)ori> ran hn no
rrii^'iiialtlr iloiilii tint tin- \rssrl avri-stoil 'vat tin- niic tjial coniinittiMl tin' oirciwc.
It a|i|ii'ars iloiiliirni uin'tlnT tin- I'.iissian < iii\rrnini'nt clearly n f;ni/,i' thin
|irini'i|'li'. «liii'li, Iniwi'MT, llrr Maji'sly's (i'lvcriiiin'nt Ik'Hcvi' to hi' in acfonlunc*' with
jiilirii.'itional law ami praclii'r.
Willi ri'spfrt to tlir si'conil (|iirsiiiin, IliT .Majr»ity's (Sovcrnmcnt arc rend y to
,'i(|iiiil, lor till' |inr|io'.<'s ol' tin- |ircscnl casf, tluil tin- lioats of a vessel wliieli eoininit an
iilTi'iiee rentier the vessel herself lialilc to sci/urc for siicli (ilTenec wliencvcr it iipptvirK
lli.'it the lioiils were aclinij witli the consent, cxpresserl or iin|>lic(l, of tlic iiDwtor of the
vivsti, anil (ndviiled that the jiiirsnit of siieli vessel In- hot anil emitiniioUH.
It lines not siTin to tlieni that the lliissiaii (lovernnu'iit siilistantially take i\
ililTrreiit vieu , tlinie,'|i M. Chielikim's rrferenee to this |irinei|ile in IiIn n«)t« of the
■.".Mil .Ma_\ is |irrha|is rather jnosrly wnriled.
With rclerenee to the third (|nestion. Her Majesty's (JoverninenI enniu)t admit
llie iiriii'-ijile iliat vessels may he searched on sns|iieinn. and that sci'/.urcH may he
iii.siilied liy the result of the search.
No doiilit hy t'oiiventinn siich ri^'hts of seiirc'i are in sjieeial cases allowed, as, for
iiist;iiice, in the Conventions rehitiiiu In the slave 'I'l-ade, and the results nf such Mrnrcli
may justify the sei/nre, Imt this |irinci|dc cannot, apart from Convention, l)C
:iilmiile<l.
If, however, the (loveriiment of Hit >!; jeniv are salislled that the vi'hsoI in
iiiiivtiiin had enniniitted oirenees airaiiisl a Irieii lly I'ower. it is no douht a matter for
ilii'in tn en isider linM lar it is pnlitie nr wise to protct the on'enderH. 'I'his in a
|)iiiieiple of iioliey «h;eh lar!iel\ alV'cis, fo- example, international d"alini;s in relation
lo the Hoveriiii,' .Vets.
I'ntil fuller information is rooeived, Her Majesty's (ioxcrnnieiit do not fc(d that
ilir claims in respect of .any of the sei/.nres can at present he ahandoni-d. It is only
wi.rii these p.artieiil.'irs .arc r 'ived that it will lie puvsilde to discriminate helweeit the
i:isi's, and to decide whether a Commission of Inijniry should he domnnded, and, if no,
III rel.'ilion t I which of them.
I nm, t^.
(Si-ned) R()S',.;HK|IY.
No. 27.
Ml . flniriir<l I'l ll"" F'IitI »f liniti-lirrii. — (Prrriird Snri-mhrr .10.)
M\ JAirt.. >•/. /V.>r*7<Hrf/A, A'orrmW 25, 180.1.
W r/il reference to ynnr I,<ii'dslii|)'s de,p;iteh nf the irdii iiistiint r"lati\c to tlip
ivjijy of ilie jiiissiaii tiinernnienl of the 2!lfh .Ma\ (Kith .liine) on the suhject of the
«(i/iire last yyy of eerlain Uritish sen I imt- vessels '•> Itnssian cruisers in the .North
I'Mcilie, I li.iM' Hie honniir In tiiiiismit here\«ith ,a cop\ nf the note which, in ohedienee
til the iiistriicti'ins contained in the alin\e.ni>mcd ilesii.'iieh, I have this day addressed
III the Imperial (inverninent, askiiej lor enjirs nj till' i'lnloenls containini,' the cireiim-
si.inces i>l the seizure of the " Itosie ( (Iseii," ".Marie," '• Carmolite," and " \a>ieoiiver
llille," for permission to inspect Hie i >ixs ami eliarls of thes«' veswls ii|>im which the
.'.'ises au'ainsi them are fmimled. and lor Hie rejiorts on the courses of the " Zahiaka,"
• Viliaz," and " Ki lik."
I have, ,%c.
{HiftuvA} liKNllY IIOWAIIU.
f4l
|iieliiHim> ill No. S7<
Ml . Hnunril In M, ilr Qirrn.
M. le Ministri', ^'^ i'rlrr»liimjli, Soi mher 13 i'2:>), 181KJ.
IN ol»idienee fi> tlie iiiNlnict Ions wliieh I Irive recei "ll Iroin the Karl of KoselH-ry,
I li.ave the lioiiniir to inform yniir Kxcelleney that the note which the imperial
Ministry of I'orci^jn .MVairs was so ummmj as |u add 'I'ss to the late Sir KoIktI .Morier on
ilie :'".»lli .May ^l()lh .lune) last relative lo Hie .seizure of certain Hriliith sealiiig-vessolH
1^
' Hi
•»
tf
l»y KiiHs at) n'liiwM's in llic Nnrtli r,u-irn*, t<t;';i-tlii>i' with it* iiii'litsuivii, lists I»;mmi umlir
Mill fun'liil <''>iisi(li'r.iliiiii tif llfi- M;(ji'sl_v'> (iit\rrnmt'iil.
As !i rivsiill of lliis cviiiiiin iliiiii, it ;iii|i:min (,■ iln'in tint the r;ii'K id' (lifKc m''/.iii',«_
as n'|)n>s(Milt'(l 1)_\ tli-' lm|>rri;ii (inxi'i-iiiiii'iit mi tlic um- >i(Ii' ainl l)\ itii- Caiiailian
M'aU'n* on (III- otiii'!', art> i'i)!itr.»lii'liiry in ».'iint' ni'itcrinl niiiii'is,
UndtT tlii's*' ciri-ninslanccn, 1 am ilini-litl t ; rx|)latii thai lin- Majrstv's (iuMri,.
nuMit, witli tlic (ilijt'cl (if airiviiiix at a clcai- knuwli'ili: • of tlic^c luis. aii' cikIi ,i\iiiiiiii;'
U) ohtniii adilitiiinal iiifoniiation fmin tin' <i 'Minini-iil uf (anaila; luil ilial ilii-\ liml
it ni'ci'NNary at tlir sanio tinir to ri'i|Ufsl tin- Unssian (iuvcninirnl ti) kiiiill\ liniiiNh
tiioin with coiiicK of tlic follow in;; iiiK-iiniiMi(< iffrn-fil to in IIk' l!r|iiirl uf tin- S|M'i'i;i|
UoniiiUMtiion, which I'orinrd the sfcuiul incIoMirc in Ihc alinM'-naiiicd nnto ICiin ili,.
Imperial Minisirv. viz. : —
'I'liL' I'idIuciiIs (Miitainint; thr cirMiiii^lHitci-s nl' ilif si'i/mi' of tlic" llosic ( (1„. ,,"
" Marif," "Cannolil.-," and " \anciiu\rr lii-lli-." and the n'|ii l•t^ i ii li,.- ruiir.>rs uf il,,.
IiiijxM'ial crniM'is " Zal>i:ika," " Vitia/.," ami " Kntil,."
llor Mivjcstjs (idvirnnii'iit furtlicr ni|Uf.>.t thai |KMini-;.siou ^ay lie <;fanlf,l luc .m
ilisiM'ction of lhi< Iii;;n and fhartN uf the fonr ali(iv<--iiaMird ('anadian vcsm'I-, ii|ii>ii
which the cases aivainst tlicni arc fmuideil.
Ill Muliillittili;^ tluN rci|iic.sl to the lin|iei'ial ( i<i\ci iiiikiiI , I a^all iiivseif, \f
(Si-iuMH iii;m;v" int\v\i;i).
So. 2M.
Colonial Oj/irr to Foifiijii Ojfirf {lirieiinl Sovemlii-r 3(1,1
Sir, Dmniimi .>V/<i7, Sovvmhrr 2\U \^'X\.
WITH iclcri'iicc to tlii'tli'.s|>alch Ir .in Mr. Itnuard,* rccinlini; a coii\crsaliui, wiili
.\r Cliitdikiii ' on ill • -.uliiect uf tlic \uaid «if llif Hclirini,' Sea .\rliif ration 'rriliiiii:ii, I
am directed li_\ llie Mai ipiess of l|i|uin lo I r.'iiisinit to yon. In ln' Laid lirfni" t In' r.ii'i
of l{ii!«td)erv, a <«'i>y of a dei.|ialcli triiiii the <i(ivci'in>r.(!i iiei'.il id' Cannda, iMcIn ;iii;
ro|iy uf a .Sliinite *<[' the !)iiiiiiiiioM I'rivy t'lHiiicil ri| the .siilijrcl i\\ .M. ( 'liiclikliie'^
suvtti'ulioii, that the Aviard ol ihi,' 'rrih.inal w.i.> a !;ii>)d liasiK fur an iiiternaliiia.il
sealiiiu arranui'iiieiit .
Lord l!i|iin \Miiild lie ltIihI tu hi iiifurnn d wln-lhrr tlic lliis>.ian 1 iio cr/iiiicir, li i^
made ;iny ummIiiics I'ur an intcin.itiun.il arraii','ciiiciil cnilir.ieiu': the Unssian scil
inlaiids, or for the euntiiiiiaiici' of the |jru\iNiini:<.! ai'r.iiii;cinciit ol lai>l yi-ar.
an
(Siixned)
,I(»IIN Iti: AMsniN.
I ncliiMiri'
Thr Hull of Aliirilirii II >'., .Miiri/iii.\.', of llli
•0(1,
Mv I,
'till il niiifh
Ih
()!'u
Smriiihii ',), l-'.t.l
\\ rril rc.'.rciice lo \. Ill' I, ir.lshi|i's dcjialeli nf the :lril iiltiiipi, euulainiii, a
r'|Mirl of II citiivrrsaliuii lM't«i'cn Her .Majesty's Itcpv. scntalive at Si, J'eti'r»hiiri:li .imi
IJH- Itiissiiiii Minister for I'urei^ii .Vlfaiis >i|i ui the snhject »{ (lie Ifehrini; Sci ,\\\ iiil,
i have tlie 11. M iir to foruaid e j.y uf an apin-uxid .Miiiilc ul the |'ii\\ ('uiii.H,
••Mihoiijinc Ihc nhser^aliiins .if tin- .Minister <>( .\I.irine and \
in i|iiestiuii.
|slr'lie> I
iji m III
eN|i 111
\iiiir I.Mi'ds|ii|i will uhscrte thai the .Minister dissenlH frutn the sii^ijestiuii ilial
the ltcL;iilalions laid down h,\ the .Arliitr itiun Irilninal fur exlra-lnritorial watrrs in
the easlern half uf Itclniii',; Se.i shuiilil Ih' i>.\li>nded tu ihc weslcrii half uf th.it s .i,
on the irruiind that such an cifti nsiun u . iitd nnncci'ssarils interfere v\ilh ('anaii:ni
sealerx, mid scriuusjv |ii'cjiidiee Kritish iiitercMts mi ',iie high seas in the \wilcrs uf ilic
I'ncirtc.
i '
(Siiriicd)
ive, i\c
aih;i!I)I i:.\.
• Nu /«.
/ F: S
,'>n
s ItL'cn iiiiili'i'
llfSC sci/i;r,.,
I 111' (':ili:iili;ii,
•si v's (iij\i'n,.
riidc'ni lining,
ilial iIm-\ liiul
killillv I'lll'ilisli
it' lllf S|Mi|;||
inic Ir.illi III,'
llusit' OUr I,"
•iilll-M'S 111" llir
tnilllr.l Inr .111
VCSX'ls, |||Hi,|
rir, .V.v
i()\VAi;it.
2'.\
Iricliisiirc 2 in No. "Js.
•||
•/■ 'J'.». ivi;;.
ii'I'.s.'itiiii: w jlli
II 'rriliiiiiMi, I
fill" til.' Ilii-,
icla, iMclii ,1'.:
. ( 'IlirirKiiii'
intci'iuilHiii il
I r/iiiirii; li I-
tiissi:iii M'l!
AMSToN
'o.ll.'lilUM, :i
'i-.tiiir^-li .'111.,
Sc I .\\'. M..,
\\ ('lHII,.'il,
tii'"ii's|.ii,:i
l^.'stiiill lli:il
il Mall r^ I,
..r thai V :i
III ('aiiail!;iii
atriN uT ilii'
;i!i)ii:\
•>> :. .;
iifjiiil of (I Commillii' of Ihr I liiiiniiiiililr llir I'rini ('niiiiril, (ippiiivnl In/ llif dovel'nor-
(Inn rill ill Ciiiiiiiil mi ihr "JS/A (Irluhrr, \X\)',\.
Till', ('oiiiiiiitli'r III' till' I'riv^v ('luiiu-il liavr li.id iiikIit I'Diisiilcraliiiii ii (lt-s|intcli,
licTcti' allai'liril, iliili'd the .'Jril < ictnlicr, IHiHI, Irnin llir Ciijoiiinl OIVicc, tiaiiHinittiiii; n
ri|iv 111' a I'oiiiiiiiiiiicMlinii t'riiiii Mr. iinwanl In ihc |-!;ii'l nf ItiisclMM'}' ^l•^4|H•(•tj»^^ th«
iicriil ilii>'siaii Si'iiliiiii |{rL;iilatiii|i''i.
Till' Minister 111' M.'iiiiii- .inil I'islicrics. In wliuin tlic niattir was itI'iti'ciI, olisj-rvcH
il.al il a|'|ii'ar.'H U-ivu this ili>s|iiilch tlial hi- llvccllciirv M. Cliii-likiiH', in llii* rniirte of
I I'liiiM'i'salion Milii Mr. Ilnwnnl, rrni .rkiil ih.it liic Awiinl oi' tin* lii-lirin^ Scu
('(iiiiMiissii)ii was an f\ri-lli-nt liirisinn, ami a i^iioil hit.sis for an intcrnatiunal M'nliti({
irr.iiiL;i'iiiiiil.
I 111- \i inisirr vlrsiri's to f\|ii'('ss his dissi'iit i'rnm tlir snu'^cstion nf M. Cliit'likino,
t!i;il llir la'^iil.alinns adii|iliil liv tli.'it 'riiliiiii.i! llir ihf caslcra vvalcrs nl' llflirinm Sea,
,,iil>iilt' nf Iririlnrial jiiiisdicl luii, sIidiiIiI lit! cxlrndcd mi as In <'(ivrr tlic wcbUtii
wiiti'is also ; and he ihi'iclnrc lakis tin- I'iU'lir.sl lijrjinrlunitj of statin;; that, to u<rv|)k
iliiiM' lli'irnlaliniis as a hasis fnr aii.\ siudi si'aiini; iirranuiinont lit'twrcn Ureal
Itrii'iiii and lliissia wmild, in his ii|iiiiinii, Miiiircr.ssiirilv intriieri- nilii (laimdiaa
M'.ilr.s, as wi'li as ali'ri't iiinsl siriiiiislv llrilisii inlriists on the lii„'li seas in llu) waton
„r III.' i'aiMlif.
I ill' (.'niiiinit' t-c, nil llii' I'rcnniinriidalinii III 'ill' MitiisU'i' nf .Marinr .'inil FiHlitTieii,
uilvisi' that yiiiu I'l.xi rllriu'y he innvcd In fniwaid a crrtilled mpy nf this .Minntf, if
.i|i|iriiv('d, tn thr liiu'hl I iniiniir.ililc l!ii' |'rinri|ia! Si'crrl.ary nf Slafr fnr tin' Cnlnnirs,
Inlllii' ili|n|in;itinii nf jirr .M;i jisly's ( in\ rmiUi'lll.
.\ll 111 which is ri'sjirciuilis ■.iilmiiUrd.
(Si-ni'd) .l(,)ll.\ .1. M(<;K|.;,
CIviU 0/ //(
No. '1\\. ■'\ ■■
Forriijn OJ/iri; li> Ciiloniul Office.
Sir, Forriijn OJfirr, Ihnmher H, 18UM.
I .\ M dirrrliil h_v till- I'.arl nf Itnsi'lii'ry In .'ickiinwli'di;!' Ihr ri-ci-ipt nf ymir h'ttiT
■ >[ till' "JUIh iillinin, fi.rw.'ii'diiiu nhsi'i'viitimiv hy the ("an;idian (inviTiiini'iit nil the
-ii',':.;i'vlinii 111 idr li> M . Cliiclikiiir, lli.it ilii' l!i"„'iilal iniis laid duun hy the ilehrin^
S.'i \iliili' Il i'lii 'I'rilMni il \Miiiki fni'iii ;i i,'nnd liasis Inr all iiitrrcaliniial sealing arrange.
I'liht.
Ill rr|ily tn Ihr iiii|iiii'y rniitaiiird in llir |;isl |iarai;ra|di nf yniir letter, I imi tn
viatr. In" Ihr iiif'inii.i' mil nf ihr M,'in|iii>s nf nipnii, thai thr Kiissian (invernment
l!i\i' mil nridr any nvrT-tnn's fnr an iiitrrn.ilinii.il .•iri!iiiL;rniriil nnhraeiii!,' the Kiissiun
M'.il i-l.'ind-, nr fnr ihr '■"nliiiiiuner n^ thr [irnvisiniial arranirriiiriil nl' last year I'or the
iirnlrelinii nf these lishrnrs.
I am, Sci'.
(Si^n.'(i) T. II. SANDIUISON.
Nn. m>.
Mr. Hoiiind lo lllf I'liiil of liontliery. {Rfrvirnl Dicnnber i I.)
My Lird. St. I'rtnslmnjli, hnrmbrrl, IHDM.
Wiril referenrr In my des|ialeh ^iS the 2rith iillinin, i h.ive the honour
t'l iiifnnii Minr Idirdsiiip that when at the .Mii.istry for |''nrei«n AtlaiiN one dijy last
«iM'k 1 ill iiiinvi ol" ('mint Kajniist whether he h.id seen my note to M. de (Jiers of the
null cj.'dlii Nnxeniiier, rripirslini,' llial llrr Majrsly's ( in\rriiinrnl mii;lil hr furnished
«illi eeiiiiiii diieiimentaiy r\ ideiirr relative tn liie sei/.nn; of the (,'una(liaii scuh.'rs l)y
Itiissiaii 1 iiiisi Is last year in the N'mlh i'aeilie. ^ ^
His l'!\i'ellene\ repiird lli.-if the nnli in ipiestinu |i:i,l ronie un hr !iis tintiee, anil
*l
I
lm«l lUivjMly Imsm\ tniiiKinittiHl to tlu> Ministry of Miiiinc, :is timt l)r|mitiniiii lia,l
t'hari;i> of tlu»^to oiwo, and tlic tlociiiiu'nts. vVr., fonni'ftfd willi the sanir.
I liavc, Ac.
(Sii{ii.Ml) lll.NKV ll«»\VM!I).
No. ai.
Mr. Uoininl to the Karl of RoHeliertj.- '{Hfrrirnt Drcrmhrr 'JO.)
(Tolojfrnphic.) si. I'flrrnhunjh, Drrrmhn 'JO, |s!i;i.
IX coiirsoof an infcrvicxv f liad \\\\\\ Coiiiit Kapnisi this aftfrnuon ids llxcrllinrj
inforini'd in<>, in tlic nanic of the Kiissian (i<t\iM'iini<>iit. that no pn'ciM' di-tadN us in
tin- workini; of oiir Sralinu: Vrransjcnn'nl liad iiccn ii'Ofivcd as yi-t, Imt liial lliry s;iw
that si>n)<' ■(orl id" arnotircincnt was nrci's«iin. 'I'hi' Itnssian t Invcnioirnl an- iIuti -t,,.,
iindor tlii'sc fircninsttincos, anxious to know uhi'tlii'i- lli-i' Mnji'sty's liovornniiMl Woiilil
ot)!^^!)! to tho continuatiiiii i>l thi- pi-i'scnl arianironicnl until fiU'lhiT unticc, r^in'ri.illv
KiHMiii; that lln' arranuoiunit in i|n<-slion (ituwm.iIi's on ilic .'list |ao\inio,
I was h<'i;ir<'d hy Count Ka))idst to nrikc this ini|uir, of your l.iird>.hi|i li\
t»d(>f;ra|)li, who Miid fui'liur that this |)ro|)'isrd |iriiloMi;:iliuu rindd he arrau'^cd U\ w
Himplo oxcdmnifo of notis. Mis l-!\ciiit>n<'y added that his (ioM-rnniciil woulil s-iul
tlii'ir noto ti) lue at no distant date hoidd llct' Maj'sl} 's (iov>'nnncnt aL;i>'<- in lliis
|iropNi<il.
No. Wl.
The litirl uf liimelierji lo Mi. Ilniiitnl.
('i'o\i>U'n\\)h'u'.'\ h'lirriiiii ()i/irf, Ih-nnilwr I'l, |V,i:;,
T IIAVM riM'civfd your frlci^nnn of yi'slord.iy ics|>cctin!: th«' IHi-aHui,' Airrfcimul
Ix'twiMMi (ii'i'at Hritain ami Uusda.
I'lvx •• ■ ■ ■ - •
No. :i;».
Mr. Howard lu Ihe Earl of Hiisrhery. — {Krrrh'rif Drremlirr "J I.)
(Ttdr",'ra|)hi('.) Si. I'rlrrslmnjh, Drcrmlier 'J I-. iKli;;.
1 HAD a oonvi'fsafion on tin' J'Jnd DfccudH r wllli \f dr <ii.is, who shari'i ili<'
vit'W »'X|»r«'ssrd in your Lirdshiii'H t("li'i;rani of thr iMst instant, that \im( licau si'.ijiii'.-
vt'ssfls should lii> suhji'i'tcd to rt'stnctinns Muiihir lo those nilorccd a^iiiust HiiliMli
vi»Mds under our cxistiui; arranu't'uiint with llussia.
Tln> prohtn^'ation until further notiee id' the ino(lu» riimdi is ollieially propo^d liy
the llussian (lovernuient in a note whicli I ha\e ris-ei\i-d |V<iiu tin in tids niornini:. <>f
whieh a copy i,'oes i.p your Lordship todav hy liu^t. The Kiissmn (io\crni:nii' iiMflei-
take that they will without diday laki- all the neeessary steps in nrdrr to arrive ;it ;ni
understanding with the I idled Stales' ( io\ernnient ior the appli.vitioii to Aniei'irini
senliii^-vesN"js of the restrictions in ipiestion; and they ix press the opinion thai it
will hv MitVieient, in order to keep our present arraiiu'eiuent in force, that w ii oin
]>urt return a .simple alllrumti\e rcpl^ to their nole.
20
Wi
itirtiiinii Iia,|
No. .14.
low \I!I).
' L'O. |s;i:|.
is |-',\n'll(iic\
' (IcI.'llK ,i> III
li.'tt llii'V s:n\
ill'l' lllcr: ' ir,
nniiMl w ilil
CI', CIH'Clilllj
l.nri|v||||i li\
rr;iiiL;i'il \\\ ,|
I Ulllllll S'IkI
ai,'ivi! I.» Ihih
■(■ lM, )s«i;;.
II,' Airi'i'i'iMi'iii
till' W jslli^ III
llic iili|n'l III
Siu'h ciiiiM'iii
viiiciiK Willi
ilisl M'lllili.;
Ml . Ihiwnrd In Ihr Hurl nf Ihisfhrry. — ( Krrrivnl Drrrmlter -5.)
\|y l,'>i'l, St. nrlfrMl.unjh, nrrfinhor 2H \'^i)'.\
WITH iclfn-tui- til my ti'lr'.rrfim nf toilny's dnlc, I Iiiim- tin- liKiimir In iiirorin
viiiii' l.iiriKliip lliiil Ciiiiiil Kii|iiiis| lold mm' llijs iirii'i'inMHi )|iat lie liiiil lirrii rliiirL'i'il
iiv M. il<' (iifiN til iMiikc !\ |>i'<i(t(m:il r('s|MM'tin'4^ niir irnliiit; iirniii'^i'mfiil'-.
I'lir l!ii<<si!ih ( iiivririiii-nl litnl a^ yet rccrivrti Imt iin|inr)'<-l ilriiiils as tn liuw it
li:iil wiii'kril, liiil llii'v were I'lilly pd'Hiiailfil ol' (lie iicci'ssily <il' liiivitii; soiiic ari'Miiu;ii-
iiii'iii w illi II ■• Ml as III ivojil M ri-|ii I iiiiiii III' llii' iiiiMiiiili>i'sl:iiiiliii'js, \c , wliiili li i<l aiiscn
Im'Iiht iIh' I'liiirlnsiiiii III' iiiir itri'sciit mif 'I'lii'y Kih-m tlial l'>iL;laiiil anil tin- I'liilcfl
Stall's III' AiiH'rira wrri- iii'i;iitiiitini; i'rs|i(>»'liiii4 ilir rari'V iiii; nut nf tin- ilri-isiuim luiti
ni'iiiiinii-iitliitiniis n| till' I'aris Arliilratinii ( 'nniDiissinn, aial it was innrr lliaii |irnliiiM«)
llial at siitiH' iliilc a rniitinnli \i;i'i'riiii'lit Wnillil hi- rninr tn lict\«i'rii l',ti;.'lanil, A lllt'ricti,
Kiissia.anil nthrr natiniis intiTrslril in I lie sral IKlM-rirs, Imt siii'li a rnmiiinii \i»rri'iiirnt
tMiiilii nut, nf niiiisi'. Iir |iiissili|i- williiii tlir iniiiii-ilialr fiiliiir. and, in tlir im .intiini',
iiiir I'li'si'iit anan'jriMiH'nl willrumrtn an riid on tlii' .'list nj litis mnntli. In vii'« nf
llii'M- I'ai'ts, fill' I'lissiaii linvrrnnnnl wimt aiiximis tn ;iNiirtaiii wliiMliir Hit .Mairsl^s
liiivrriimi'iit uniild iir \«iilin!; In ai^ri-o (n a |ii'ii|iiiit;atinii nf niii' |irrs<'iit arrniii;ri)iriit
until I'mllirr iiiiti ■(• (" iiis(|ii'a nniivi'l ordrr"), and tlirv wmild ln' l'|'i'!iII> nlilij^rd if I
.Miiilil iiiakf this ini|iiii'\ liy ti'ii':;i-a|ili.
I'liniit Ka|inisl s'lid llial sliniild llrr Majrsly'H ( inMannicnt a|i|ii'iivi- this aiiaii'^)--
iiiiMil it iMiiild hr rllrc'rii \i\, all fvcliaiiu'i- nf iinlfs, and that in tlii' i'M'IiI nf yntir
IjurdshiirN rrjily hriiit; favniirahli*, tlii' Itiissian <invi*i'niiifrit wrr*- |ii'o|iiir<'d tn luldrrsM
ilii'ir nnti' to nil' nii this snhji'i't at nn early date. I ri>|dii'd that I wniild iiil'nnii V'air
budshiji at niii'i', iiy trli'i;ra|ih, nf llii' |irn|insal in i|iii'sliiiii, hut that i'M'Ii iI' Ih'r
\|;i ji'sly's ( in\i'i'|illirnt a|i)irn\rd tlir s'lnir ! tliiiliu'lll thai I'lirt hiT lrL;islat inn \tnllid ho
ri'i|iiii'i'il whirh llll^hl raiisi' sniiir drla\ . His I'ixrrlii ni'V llllswiTril thai tin' si-:>l
lls|iiii'4 did lint, hr llluii.;!)!, rniiiinrlirr until A|il'i!, hill llial llir siionrl' lllr Au'ri'illH'llf
iiiiilil hi' riiiiii' tn thr lirtlrr it wiuild hr.
I havi'. ifec
(HiuniNJ)
IIKNUV ll<t\VAi;i>.
.\n. :»,'i.
,^/i I I'll! Ill il III llii Hull nf Unsfiirry.—{Ui'iriiiil hrniiiiiri '27.
\lv l.ild,
SI. I'ririsliiiiiili, Dmnihri 21. I H'.KI
•J I. isii;,.
Ill shai'i'H I 111
iraii siviliii'.'-
aiiisi lliiiisli
|)rn|Hisri| liy
innniiiiL,'. iil^
l;ii-ii' iimli'l-
ari'ivi' ;il ;iii
II A llli'l'TIIl
ninii llial It
I'. W'l- nil mil
I II AN I', thr liminiir in ir|Mirl thai I saw M. (!'• liiiis thr day hilnri' yisii ril.iy,
mil nil that iM'ciisinn riiiniiiiinicati'il to him the siihstaiii'i' nf \niir l.nrilslii|i'H !f|i't;raiii
"f l!ii- L'lsl instant ri's|H>i'tiiii» thr |irii|i)i'i>:itinii of mir pri'sriit .Si-aliiiLT A iT.aniri'iiiiiit .
Ills llM'i'llrnry siatid that Iw sliai'nl \ mir |,iiii|slii|i's \ irus as In Ilir ai'iMiiiri-iiii'nl
liiiii'.' iiiaiii' 111 a|i|d\ In \ nii'rii'.'in m'ssi-Is, and addrd lliat hr wmiM rrtiirii a rrply In
iii\ I'utiiiniiiiii'al inn as smm as |inssih|i'.
This iMiirniiii; I havi- ii'i'i'IvimI a nnti> rrnin tlii' Itiissiaii (tnvi'riniM'iit, nf whirli I
.iii'|m,c ;i rnpy , nllirially |irii|iiisiii'.x the prnlniiu'atinii nl' thi* pri'si-nl inuiliis livrwh until
fiiitlirr iiulirr ^ niir i.injship will pi'ii'iMM' th.at Ilii- liiissi'ni ( iiiMTiiiiii'iil dri'iii that
I siinplr airiniiaiiM' rr| \\ In llirir iinli- xvili sullirr 111 ki'i'p till' prrsi'iil arraii<.;i-ini'iit in
I'lirri', and that lli>'y undirtakc tn takf all tho iirrrhsary sirpN williniil di-lay In cnn-
liiilr an aiianniinint with thi' (inviTiinii'iit nf thf Lnitcd SiatiHui Anii'iica, h\ uhirli
iistrii'.ivi- iniasiiii's, similar tn lloMt? a^jni'd upnn with llci .Mnji'sty's (invi'mmrnt,
vjiall hi' applird In Aiiirriian m-ssi'In
Mai
I savv Ciiint KapnisI this innrniii<;, and hr tnid nn' that as sum ;is ihr I'liiti-d
s' .Minisirr, wlm is away I'nr tin- ('Inislnris jinlidu^s in lirrinany, ri'turtii'd tu
St l'i'lri'shi|ii:li. thr Itllssian < invrrnniiuil Wnllhi rnniiiiriirr tn ni'^^nliati* with him oil
till' siihjrrl. Ill' addrd that in thi'ir .'ihnvr-naiurd nnir In ini; tlir Itiissian (■iiM'riilUi'lit.
Imil iisi'd thr trrm " fur-sral," as hr liad M'l-n that it had hmi rinplnyrd hy tin- I'arJH
Iril.iinal nf .Vrhitratinii.
I \m\\
(SiK'i.'d)
m;.N'iiY iiowAiii).
:«W|
Inolo8ure in No. 36.
M. lie (Hem to Mr, Howard.
M. lo Churm* d'Affniro*, Le 11 De'crmbrr, lH!)i,
NOS arrniigt'iiu'iiU rclntivcint-nt a lu p6clu> (Ioh |)lio(|Ut>M u I'ourrun* t'x|)iniiit Ir
l" Janvior prm^linin do ruiiiit'c IhlH, l«> Ciouvunuriiu-nt lin|it''rial sh |)n)|HWi! dc \tt
runuuvuliT, (iv«T Ic coiiAMinteuuMit dii (■ituvcriiuiiitMit di- Sii Mujostc |{riUiiini(|iii', jiisiiuit
nuuvcl ordn*.
\a'H arrniiiffinontH en (luustioii hc trouviMit cotisii^'iit'H dniiH lu nott* qui voiis ,1 i-u-
adraut'o par li< Miiii.HttVt> iinpurial t>» date dii 10 ('J-'< Mui d<! iaiinrf IMKi, «M dnnt vm
ExiH-llenuo Sir Holu'rt Mori(*r a Itit'ii voiilu prciidri' arte par sa luito dii IH iitiiMJu
mAiiu' moil). II iiduh ttoinhlorait Millisaiit tl'tino tiiiupli; rt'iMtiiHc atlirinutivra la piiMiiU'
cuniniuuiuatioii pour Ivh uonsidi^rttr (roniiiu* rcMtant <'ii vii;u<>ur.
Avi m'i-iiipn*iuM' d'njoutor <|u'c<ii ruiiouvtdant Ii'h arniii^onii'iits suMiuciilionncs |i>
Uouv<>riii*t>i<>iit Imperial tt'tMiKatfu ii i'airt* muis dulai touU'H Ifs duuiarclioM iiiHrt-vsumN
aupr^s du (iouvcrueincnt dt's I<)tat8-Unis d'AuitWit|it(> pour <|Uf dt'H niesurcs rrstric
tivcs somblaMcH i\ collrs (|ui sont couvonucs avi><- Ic iiouvt<riii;niuut dt> Sa .MaiiM4'
Britaiiiii(|U(< (juaut ii la |)6uh«< dt^M plioqutts a tourrurc Moii'ut appli(|U«>«4t uux iiavir>>s
Am6ricaiuH.
En vuuH prinnt, M. lo ('lla^^li d'AITairon, du |>orl('r ct* (|ui pnk*^de ii la mn.
naiHHunirc do votru (iouvernoinout, «t do vouioir liiou nio fairo part de wi ru|M)iisi-, jc
prufite, &c.
(Sign«t) GIHHS.
No. ao.
Colonial Office to Foreiyn Office. — {Rereiveil December M).)
Sir, Downinij Street, December 21>, IhU.'J.
I AM din'cUMl by tho Soon^fary of Stato for tlio ColouioH to tmiittmit to jnu, for
tlio information of the Karl of HosolK-ry, oopios of tfloi»rams I'nun tho Maniui-ss of
Ra\mv to thu (iovuruor-Uuuorul u( Cutiudu ou Iho Nulijoct of tho IluMtiuii Soalint;
Agroomoiit.
I am, &c.
(Signed) II. n. MEADK.
Inolusuri) 1 in No. iiO.
The Miirifuens of iiipon to the Karl of Aberdeen.
(Tolo^,'iapliif.) Downiny Stri-rl, December 2(1, 1S1»3, 4'iiO i' M.
iUJ.SSl.VN (Jovornment appliod for roiiowal of mudua vivendi until further nnlicc
Ilor Majosty's (iovornmont havo a^^eod on tin; uiidorNluiidiiu; that Unilod MalOA'
V08S0I.S suhjoct t4i Himihu* n^striutions.
Inohwuro 2 in No. .'IH.
The Marijueix of Hipon lo the Knrl of .ibrrdem.
(Tolcfrr.iphio.)
Dnwniiuj .SVrrf/, December 27, 1803, 115 i- M.
•fjr.iphio.)
KKF Kit l{IN(i to ttiy tolourrani of tho 2<Uli Doconilicr, RuHNJun Govornmcnt will
tak'; Htojis for making similar nrmn;;oiiionts with llnitod StutcH.
27
If V- ^'* 'I
Na 87.
Fbreign Office to Colonial Office.
Mir,
Forrign Office, December .'«), 1898.
WITH roforonoi' to tlic prolnnf^tinn nt thi* nrrnn|f(*ni«>nt witli Himsia for tlio ppo-
Ipction I'f fur-Kf'iiU, I nin dinM-ted by tlic Knrl of KoHchory to tmnmnit n oopy of a
(|pi(|i!>tfli wliich hiiH Imn'm rt'ci'ivcd from llcr Majt-sty's ('hnri;^ d'AHairoH nt 8t.
lVti'P*lMiru'li, inrloHinj; n formnl |>ro|ioHiil from flii' UiisHJan (iovcnimnit that tW
.irpiiL't'iiii'iit in (|ii*>Htion, wliicii rxpircM on tiu* 1st .Innnar^' next, hIiohIu he pii)lon)7<<d
until furtlicr notice.
I am to ini-loHi' a dnift of the note whieli it in |in>|MiHed to inHtruct Mr. Howard to
ndiin'ss to the HtiHNian (lovernnientin n'ply, and I am to inquin- whether the MarqiutM
iif Itipon I'oneurH in its tenns.
Ah soon :us the exeham;e of notes is eompleted steps shouhl he Uiken for thuinMUU
cif II fr<>sh Order in Council to enforce the arrangement.
1 am, &c.
(SiKned) T. II. SANDKRSor '
Inelosure in No. 87.
Draft Reply to Rwmian (ioverninent.
M le Ministro,
I II.WK referred to Her Majesty's Government the note which your Kx«M«IIency
, lid me the lionour to address to me on the 11th December last, slatini; that, as the
irriiii,'cmrnt enteivd into between Her Majesty's (idvcrnment .-ind tin- liiiperial
iiiiMTiiment in May ^H^)^^ for the n-u'iilution of the seal llsliery in the iieit,'hbonr|i(iod
111 llif Hiissian coasts and islands expires on the 1st .laniiary, your (lovernmcif are
,iii\iiiiis Hint it should be renewed \intil further notice, Yi>ii wen- ijood cnouijli at the
viiii« lime to assure me that the lmp(>rial (ioverninent would take, without delay,
'lie 'ir;i'ssary steps fo enter into a similar Asjn'cment with the (iovernnu'nt of the
I'liiti'd States.
I am now instructed by Her .Majesty's (lOviTiuncnt to st.ate .hat tlicy aijreetoihe
l>rnl Illation of the arrant^emcnt on the uiidcrst;ii <!iii<; that llie finjicrial (iovcrnnu'nt
iilitaiii tlic consi-nt of the (iovcrnment of the Inited States to the application of iiiniilar
ri'slri<'tious to the sealinK-vcsseU of the latter country.
No. 88.
Colonial Office to Foreign Office. — {ReceireJ Janittiri/ 8.)
Sir l>(>iiinnij Sirrel, .Idntiiin/ 'J, I'^ltl'.
I AM directi>d by the .Marquess of Kipon to acknowledge the recci|)t of your
ii'lti r of the ;K)tli ultimo, inclosing copy of ;i dcsp;iteh from Her .Majesty's C'liari^t'
i' Viiiiiics at St. I'ctcrsbiirirli, (orwanlinir a forni.'il proposal froni the l!ii>.sian tioveni-
iiiciii that llie arrani;cnicnt for llie itroiection of tin- tur-sealt in tl.c North I'acilic,
rtlii li lias now rvpircd, should lie rriicwcd until fiirllici- notice, loi{c(her with draft of
ilii' reply which I.ord Kosebcry |iro|)oscs to return to the proposal.
I a II to iic(|uaiiit you, in reply, for iiord Itosclicry's iiil'onnation, that l,oril Itipon
■incurs in the draft.
I am. &v.
(Signed) JDUN IJRAMSTON.
i.'Wfli
I-: 2
■,.i K "*l
No. 39.
The Earl of Ronebery to Mr, Howard,
Sir, ForriijH Office, Junuary 3, 1801.
I II AVK I'onsidenHl, in coiisiilt.-ition with Her Miijfsty's Sccniiiry i>l" Stiiir r,,i
tli«' Cnloiiii'H, ymir (IcMpiitcli of tlii' 2Mli iiltinui, iiicloHiii;; a note fVoiii llii,' Uuxsiaii
(Jovcrmiwnt, foiinally |»r<i|)i)sii»i; that tho an-au};«'in**iit lictwcni t!iis eoiuili-y and l«ii>sia
f«ir the protect inn nf I'ur-M'als in tlic >' >rth l'u»'illc, which oxpiii-d on tlte 1st in>tani,
Hhuiild \h' |iri)ioii|{i*<l until further notici*.
I now intdoM' n dnift of a note whiidiyou nn* nutlu)riz(Hl to iidilross to tlu> UuNsian
(lovrriiinent, ai*«-i'|itiii!; tlicir prDposal on certain conditions. |
A*^ Hoou ,iN this exidian^e nf notes has lu-en elleeted, steps will Ih; taken for tln'
imtuc o| a fn<sh Onhtr in Council to enforce the armnifenicnt.
I am, &o.
(Signal) ItOSUHKRY.
No. 10.
Colonial OJfice to Foreign Office, — {Itereurd January S.)
Sir, Dnirnintj Street, Junuary S, 1H!)|.
I AM dii 'cted l>_v the Secretary of State for the (/(doiiies to transmit to ynii,
for the information of the M.-irl <if Hosehcry, a copy of a tele'^ram whitdi has hicn
Hont t<i the (iovernor-Uenenil of Canada, desiring,' hiin to mak<' pul)lic the lad llmt
the Seniini; .V^n-i'nx'nt with ituMsia is nhoiit to he renewed.
I am, Kce.
(Signed) K. H. iMKADi;.
IncloKure in No. 10.
The Marquena nf Hipon to the Earl of Aberdeen,
(Teleirraphie.) Dnunimj Street, January 0, 1S!»|., t i'.m,
IH;s||{.\HI<K that yi»u should at once give piddieity to fact that Aijreement with
Hnssia is aliont to he renewed until further notice, on the understanding referred to in
my leieiiT.im nf the •_'(!! h Di-eendier.
No. 41.
The Earl of liosebery to .Mr. Howard.
('releLrr.Mphiiv) Foreiyn O/Hce, Jaminry t>, 1H9-1.
.\l \ i\ \. the fiillowiii"^ addition to your iii>te to the Kussiaii (iovernnuMit respeelin!,'
the Sealing .Vi;reenHtil : —
" Her .Majesty'>. (Jovernnii'nt will accordingly take the neccjisary nn-asurcs lor
mrryinir this ;iri.iiigcinent into elVect."
Ahove addition will make the mutter tjuite clear, and sh'.w that it is not netrssiry
that till- Itussian (iovcrument slioidd Hcnd a reply.
20
No. 42.
Mr. Ilowind In thf EnrI of lioKrlirrif.—iRrcflved Jaiuiiry It^.)
My l-'ird, St. Prlemhunjli, Jiniunry ll>, l>iH.
Wrril riTcriMii'i' I > yi>iir Linlsliip's (Icspnt'-li of ilic HrJ insluni, I lii\ • tlii-
iMiinmr lo iiH'liisc hcrcwilli a «• 'py ol' tlic note wliii-li, in olx-diiiicc to vtiiii' l-miUliip-.
iimlriicliDri-i, I iiililri-ssi'il to iliy In llic Imperial ( invcrnmi'iit mi tlic siilijicf of lln'
Mii|iiiii.':itii>ii (if lln! arnni,'iiiiiiii licfwcrii (Jr-at llritain and lliissia I'lir lln' prDlrcticni
if farscal* in llic Nnrtli l'a<'Hic.
I liavc, &c.
(8iifn.«tl) ilENRV IIOWAIM).
w
t. MEADi;.
Inelosun; in No. 42.
Mr. Howard to M. de Qiert,
M li- .Minis«r<>, SI. I>elrrsl.,ir,ih. December -Jl), l>^!t.'l {.hinuiirii '0. ls!M).
I IIAVIl n'fi'rn'd to llt>r Majt'sty's (iovcniMifiif tin* nott- wliicli your llxrcllciify
ilid iiif till" lionoiir to aildii-ss to me on tlic lltii (^2:<id) DccimhIxt laxt, staliin; tliat, iis
till' arranijiMncnt cntcrfd into licluccn llcr .Miiji'sty's (fovfrninciil and llif Imperial
liiivcninuMit in .Ma\ IH'.III for tlic n><;nlation of tlit; Nval fiKlicry in tiic iii>i!;ldi()iirlioo<l
iif tlic Hussian ('ousts and islands expires on the 1st Jauuary, your (iovernmcnt arc
iiiixiiiiis that it nIkxiIiI l)e rciictxcd until turtlicr notici!.
You wore ^coimI enoiii;!!. at the same time, to inform nic tiiat tlic Imperial (Jovern-
iiu'iit would taki', without delay, the neecssjiry stops to cnti^r into a siniihir Aijri'cnu'nt
with the Gov«'rnn»'nt. of the L'nitfd States.
I am now instructed hy lier Majesty's Govornmont. to state that they ai^ree to
tlic pi'olonffation of the armiiKt'inent, on th(> understanding th.it the Imperial (iovcrn-
iiiciit (dttain the consent of the (jo\ernment o( the United States to the ap|)lieation of
<iii)ilar restrictions to the senling-vcsNi Is of that lti^|mhlic. I[er Majesty's (Jovern-
iiiciit will aceordingly take the n(!cessary nieasun>s for earryinif tins arrangement into
rlfl-ct.
I avail, &o.
(Signed) HENRY JIOWAUD.
.'■I
No. 43.
.Wr. Hotrard lu the E<irl of liosebery. — [Received January M'J.)
\Iy Ijord, St. Peter shurrih, Juuuary 11, IHM..
WITir refen'nre to my despatch of the lOth instant, in(dosin!; a copy of
ill- note wiii(di 1 addressed to M. dc (ri(>rs on the suhject of the prolony^.-ition until
liu'llicr noliee of our arrani;em(-nt with Hnssia for the prot(H-li(m of fur-seals <n the
Viirtli Pacific, I have the honour to ri'])ort that Count Kapnist, who had read my note,
lull IMC vesterdav afternoon that the Imperial (loveriinictit IkkI already comincneeil
iii'iroliations throui;li the Am«Tic;in Minister at this (.'(uirt for a similar Au'i iiieiit
»ilh the (iovernmcnt of the I nited .^tali's.
His Kxi!»dleney seemed to think that there would he no ijrcai dilliciilty in
'litainin;; the consent of the United States' (Jovernnu'iit to the arrani;einent in
i|m'stion.
I have, &o.
(Si^-ned) IIHNUY HOWARD.
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30
No. 44.
Extract from the " London Gazette " of January 30, 1894.
Order in Council.
"Seal Fishery {Xorth Pacific) Order in Council, ,1S94,."
Osborne House, Isle of Wight, January 29, 1894.
At the Court at Osl)ome House, Isle of Wight, the 29th day of January, 18!)1.
Present :
The Queen's Most Excellent M.mesty.
Lord Steward.
Sir William Vernon Harcourt.
Sir Henry Ponsonby.
Sir John Cowell.
Sir Philip Currie.
WFT'REAS by " The Seal Fishery (North Pacific) Act, 1893," it is enacted that
Her ^I gesty the Queen may, by Order in Council, prohibit during the period specified
by the Order the catching of seals by British ships in such parts of the seas to wliicli
that Act applies as are specified by the Order ; and that, for carrying into effect an
arrangement with any foreign State, an Order in Council may provide that such
officers of that State as are specified in the Order may exercise the like povt'crs nndir
the vVct as may be exercised by a commissioned officer on full pay in the \nval
Service of Her Majesty in relation to a British ship, and the equipment and crew and
certificate thereof; and that any such Order may contain any limitations, conditions,
qualifications, and exceptions which appear to Her Majesty in Council expedient lor
carr .'ing into eifect the object of the said Act :
And whereas the said Act applies to the seas within that part of the Pacific Ocean
known as Bohrin? Sea, and within sueli otlier parts of the North Pacific Ocean as an
north of the -i'ind parallel of nortli latitude :
And whereas an arrangement lias hovn made between Her ]Majesty the Qmcimi ai.d
His Imperial Majesty the Emperor of Russia, whereby Jiritish siiips engaged in
Ininting seals within such parts of tiie said seas as are hereinafter specified may In'
soiz( d by Russian cruisers :
And whereas an Order in Council, intituled " Tlie Seal Fishery (Noi'th I'acifi'
Order in Council, 1S9;V" was issue.l on the -tth day of July, 1893, proliil)itiiig tin'
catching of seals by British ships witliin the zones as therein defined until the 1st d.iy
of January. 1 894 :
Now, therefore, Her Majesty, in virtu(» of the powers vested in her by tlie said
recited Act, and of aH other powers (mablinu: her in that l)ehalf, is hereby ])lca'^("i.
by and with the advice of her Privy Council, to order, and it is herel)y ordered. ;i-
follows : -
1. l"'roTU and after the date of the present ()rd<>r until Her Majesty in (Jonn'd
shall otJH'rwise direct, the catching of seals by Briti.sh ships is hereby proliilntcd
within such ])arts of the .seas to which the recited Act applies as are comprised within
the following zones, that is to say : —
(L) -V zone of 10 marine mih^s on all the Russian coasts of Behring Sea and ilif
North Pacific Ocean ; and
(2.) A zone of 30 marine miles round the Komandorsky Islands and Tiilciiew
(Robben Lsland).
2. Tlie Tiowers which, under the recited Act, may be exercised by any commis-
sioned ofiicer on full pay in the Naval Service of Her M.ajesty may be exen-iscd In
tin Captain or other oilicer in command of any war-vessel of His Imperial ^l.ijcstv
the Emperor of Russia in relation to a British ship, and the equipment and crew and
certificate thereof.
31
3. This Order may be cited as
Council, 1894."
'The Seal Fishery (North Pacific) Order in
(Signed) C. L. PEEL.
No. 45.
Mr. Howard to the Earl of Itosebery. — {Received February 19.)
My Lord, St. Petersburgh, February 14, 1894.
WHEN at the Ministry of Foreign Affairs this afternoon I asked Count Kapnist
wlietiier the United States' Government had fepHert to the inyitation of M. de Giers to
join our Sealing Agreement. His Excel'oncy answered that the Imperial Government
had received a telegram from the Russian Minister at Washington, stating that
Mr. A^'hite's despatch on this subject had not yet reached the State Department, but
tliiit he did not think that the United States' Governmert would make much difficulty
about consenting to a similar Agreement.
I have, &c.
(Signed) HENRY HOWARD.
No. 46.
Colonial Office to Foreign Office. — {Received March 1.)
Sir, Downing Street, February 28, 1894.
I AM directed by the Secretary of State for the Colonies to transmit to you, for
the information of the Earl of Rosebery, with reference to the letter from this Depart-
me.!t of the 29th December last, copies of a despatch fi-om the Governor-General of
Canada, dated the 31st ultimo, on the subject of the renewal of the Sealing Agreement
with Russia.
I am, &c.
(Signed) R. H. MEADE.
Inclosure 1 in No. 46.
The Eurl of Aberdeen to the .Marquess of Ripon.
My Lord, Government House, Ottawa, January 31, 1894.
WITH reference to your Lorrlship's telegraphic messages of the 26th and
TtW\ December last in regard to the renewal of the Agreement with Russia for the
lirotection of seals, I have the honour to forward herewith coj)y of an approved
-Minute of the Privy Council, representing that steps have been taken to notify to the
Biitisii Columbian sealers that the Agreement will probably be renewed for another
year. i
I have, &c.
(Signed) ABERDEEN.
Inclosure 2 in No. 46.
Report of a Committee of the Honourable the Privy Council, approved by the Governor-
General in Council on the 29M January, 1894.
THE Committee of the Privy Council have had under consideration two
telegraphic despatches, dated respectively the 26th and 27th December, 1893, from
tlie Marquess of Ripon, the former of which announces that the Russian Government
liaving applied for a renewal of the Agreement for the protection of seals of 1893 until
luither notice, Her Majesty's Government have agreed, on the understanding that
United Stntes' vessels would be subject to similar restrictions ; and the latter despatch
sktts that the Russian Government will take steps for making similar arrangements
witli the Government of the United States.
mm
82
The Minister of Marine and Fisheries, to whom tlie tolej^rams were refcrr, d,
states that, immediately upon tlioir receipt, he caused teloi^rapliic instructions to lie
sent to the Collectors of Customs at Victoria and Vancouver, directing; them to notify
sealnrs tli;it tlie Agreement with Russia would probably \w renewed lor another vcai.
The Committee advise that your Excellency be moved to forward a. certitied c.py
of tills M inute, if approved, to the Itight Honourable tl.(> Principal SeereUiry of Stdti'
for the Colonies, for the information of Her Majesty's (rovcn'nnuMit.
All of whicli is respectfuUv submiLL.d loi- vour l.x^-elltmcv's iippiov.il.
(Signed) JOHN' J. McGEE,
Clerk of the I'rini Cotntril.
#
I
No. 47.
The Earl of Kosebery to Mr. Fraser.
(releijraphic.) Foreign Office, March 3, l^Ol,
T SENT you on the 9tli ultimo an Order in Council ])r»longing the St-alniir
Ariyngement with Russia.
You should issue warnings as was done last year.
No. 4,8.
Foreitjn OJfice to Admiralty.
Sir, Foreign Office, March 3, 1894.
"WITH reference to the despatch from Her Majesty's Charge d'Affaires at
St. Petersburgh, which has been communicated to you, on the .subject of the renewal
until further notice of the arrangement with Russia for tiie protection of fur-seals ir.
the North Pacific, I am directed by the Earl of Rosebery to transmit herewitii.
for the information of the Lords Commissioners of the Admiralty, copies of an
Order in Council passed on the 29th January last for the jjurpose of giving elVcit
to that arrangement.
Copies of this Order have heen forwarded to Her Majesty's Minister at T6ki6, aiil
should be in his hands in the course of a few days.
He has heen instructed by t^'legrapb to issue warnings to the British sealers whu
nuiy shortly be ex])ected to appear in .Japanese waters of the prolongation of tlw
arrangement with Russia, and of the restrictions imposed by it.
It is desirable that the ^ame system of co-operation on the ])art of Her Majestvs
cruisers with tlie vessels of the Imperial Russian navy as that in force last year for ilic
policing of the waters affected by the Agreement, and for seizing and dealing with
sealers infringing it, should again be put in foi'ce. That system has, so far as Lord
Rosebery is aware, worked satisfactorily, and he would suggest that the instructions tu
naval officers which accompanied the letter from this Department of the 30th Jiiiio
last should again be issued.
His Lordship would farther suggest, for the consideration of their Loidshijjs. tiiat
it might be advisable, in view of the near approach of the sealing season, to inslriict
the naval authorities in those waters by telegraph to take steps for warning iutendiiiL'
scalers.
I am, &c.
(Signed) II. PERCY ANDERSON.
No. 49.
The Earl of Rosebery to Mr. Howard.
Sir, Foreign Office, March G, 1891.
WITH I'eference to your despatch of the 10th January in regard to the
prolongation of the Sealing Arrangement with Russia, I transmit herewith copies of
an Order in Council passed on the 29th January last for giving effect to tliut
33
i/flrcA 3, ] *^^l.
arrangement, and of n letter to tlio Lords Commissioners of the Admiralty,* sugRestinp
that similar steps should ho taken to those adopted last year for* insuring the
co-operation of British cruisers Avith tlie vessels of the Imperial navy employed on
this service.
Copies of the Order have hecn also sent to ITer Majesty's Minister in Japan, and
instructions have heen given to liim hy telegraph to issue the necessary warning to
Britisli sealers.
You should coramimicate the Order in Council to the Russian Government.
I am, &e.
(Signed) llOSEBEHY.
No. 50.
Colonial Office to Forciyn Office. — {Received March 7.)
Sir, Ihirnini/ Street, March G, IS'.M.
AVITir reference to the hitter from this Department of the 8th January respecting
the arrangeni«!nt with Russia in legard to the seal fishery in the North Pacific, I am
directed hy the Manjuess of Bipou to transmit to you, for the information of the
Earl of Rosehery, a copy of a despatch and its inclosurc from the Governor-General
of Canada, reporting the steps taken to give publicity to the renewal of this arrange-
ment.
Lord Ripon presumes that IJcr Majesty's Minister in Japan has been instructed
to take the necessary ste))s for acquainting sea ling-vessels using Ja'ianese ports that
tlie arrangement in question has been renewed.
I am, etc.
(Signed) JOHN BRAMSTON.
ir at TAkio, ;ml
Inclosurc 1 in No. "jO.
The Earl of Aberdeen to th^ Marque.ss of Ripon.
My Lord, Government Home, Ottawa, Fehriianj 13, 1891.
WITH reference to your Lordship's telegraphic message of the Oth ultimo,
requesting that publicity might be given to the intenticm of Her Majesty's Govern-
ment to renew the Agreement as regards scaling in the North Pacific Ocean with
Uussia, I have the lionour to inclose copy of an approved M inute of the Privy Council,
wliich I have this day received, indicating the measures Avhich have been taken to
comply with your Lordship's request.
Your Lordship will observe that attention is directed also to the Minute of Council
which accompanied my des|)atch of the 31st ultimo with reference to the steps
previously taken with the same object.
I have, &c.
(Signed) ABERDEEN.
NDF.RSOX.
Inclosure 2 in No. 50.
Report of a Committee of the Honourable the Privy Council, approved by the Governor'
General in Council on the 8lh February, 1»94.
THE Committee of the Privy Council have had under consideration a cable
(lespat(di, dated the Oth January, iM)i, fi-om the Maniuess of Ripon, stating that it is
(lesiralde that j)ublicity should l)e given to the fact tl.at the Agreement with Russia,
l)roviding a 30-mil(! protective zone around the Russian seal islands, and 10 miles of
Russian coasts, was about to be renewed until further notice, on the understanding
that a similar arrangement was to be applicable to vijssels of the United States of
America.
The Minister of Marine and Eishcries, to whom the despatch was referred, desires
attenti(m to his Report on tiie Privy Council References 223b 11 and 2239 II, being
• No. 4».
[366J tf
l-'-'i
84
(Icsjjatdics (latril tlio 20tli and 27tii I'ccoiiibrr, isn3, rospoetivcly, from the ^lavqucss
of llipoii, and approved l)y yoxir ExccUiMicy undor date tho 29tli January, 181) I, in
wliicli tlu; action tuken by him (tlu' Minister of .^farino and I'isheries) is explained.
The Minister states that, froru tlie above-mentioned liejiort, it will be obsci'vwl
that tlio Collector of Customs at Victoria and Vancouver had been instructed to
notify sealers that it was likely the Aijreemeut witli Russia would be renewed anotlici'
year.
The Minister furtluu states ttiat, on the rec(\i[)t of tin; despatch at present uihIit
consideration, ho caused tlie following' fuitlier ti-legraphic d(!spateh to be sent to tiic
Collector of Customs at thos'; ports :
"The Governor-Ceneral has received official information to the effect that tiic
British Government has aj^rced with tlie (jovernnuMit of llnssia for the renewal of
the modus vlvfixli in the matter of the Ik'hrinL;' Sea seal lislusries until further nolici',
on th(! undcn-standini^ that vessels of the United States are subject to similar iv-tiic-
tiona."
Tb(! Minister further reports that he has caused the foUowinij; Notice to \w
prepared, which will appear in the next issue of the "Canada (ia/,(!tt'>: " —
.. 1 '1(
" Notice In Scalers.
"Public notice is liereby given, that Her Uritannic ^fajesty's Government have
arranged with the Imperial Ilussian Government for a i-enewal, imtil funher notic,
of the Provisional Agreement of ]S<>;i. providing n jjrotective zone of HO miles aronnd
the Komanilorsky Islands, in tlie Korlh Pneilie Oce:ni, and Tnlenew Island, or liobheii
Reef, in the Okiiotsk Sea ; also a proti'ctive /,one of 10 miles along tlie shores of rlie
Russian mainland.
" All sealers found within these limits are liable to seizure by J ler Majesty's ships
or those of the Imperial Russian Government." '
The Committee recommend tliat your i'l.veellency ho. moved to forward a certified
copy of this ^linute, if ap])roved, to the Right Hontmrable the Principal Secretary ol'
State for the Colonies, for the information ol' IFer Majesty's Government.
All of which is respectfullv submitted for vonr Excellency's approval.
(Signed) JOnN J. McGEE,
Clerk of the Privy Council.
No. 51. - . ,.■...,.■
• Foreign Office to Colonial Office. - ' ' ' •
Sir, ' Foreign Office, March 10, ISl.t.
I LAID before the Earl of Rosebery ycnir letter of the Gtb instant inclosing copy
of a despatch from the Governor G(;nera I of Canada, veporiing the stejis taken to gixV
publicity to the renewal of tlu! arrangement with Russia in regard to the seal iisliery
in the North Paeilic.
In reply to the inquiry contained in tie last jiaivigraph of your letter, I am
directed by his Lordship to state that the Order in Council ior giviim' (dfeel ti tins
arrangement was forwarded to Her Majesty's Minister in Japan by the mail of tlw
9th February, and that he was instructed by telegrapii to issue the necessary warning
to Bvitisli sealers in those waters. ;. 4,.,,
I am, &c.
(Signed) FRANCIS BLRTIE.
n, ,i-
No. 52. •
-iiirl
if. ,>'^'^- 'r
-'•'■' Mr. [Toward to the liarl of Kimberleii. — {Received March 18.) ''!■'
My Lord, ^t- Petershurgh, March 14, 1891.
I HAVE the honour to transmit hcre\\itli to your Lordship a copy of a note
which I addressed to ^t. de Giers iii accordance witli the instructions contained in
Lord Rosebery's despatch of the 6th instant, forwarding to his Excellency a copy
Notice to Ik'
85
nf tho Order in Comieil respeetinn' (lie proloii^atidii ol'^the Sealing Arraiigeineiit with
llus.sia.
I liave, &c.
..'..• : ' ' ^ iSigiiod) HENllY IIOW'AIJI).
Iiiflosiire in No. 't.i.
Mr. IJo/r.nl to M. di: Gicrs.
y[. le Afinistre, f<l I'elcisburtjh, February 28 {March 12), 1804.
WITH ivitVrenee to the note wliieli 1 liad the honour to address to your Excel-
lency on the 2i)tli Decemher (lOth January) l.-i'^t regarding the prolongation of the
Si-aling Agreement concluded for the year 189;> 1) I ween our two Governments. I have
lioeu instructed by Her Majesty's Princi})al Se:')ctiry of State for Foreign All'airs to
forward to your Excellency the inclosed e )i)\ of an Order in Council, passed on the
]8th (IJOtli) Januavy, hy which that arraiigeniciit is carrie 1 into elleet.
Her Majestv's Governnunit have su'^iiested t.) the Isolds of the Admiralty that
similar steps sliotild he taken to those adopted l.ist year for insuniii: iiie co-iiperatnai
(if r.ritisli cruisers with the vessels of the hnperial navy employetl on this service; and
iustruclions have hricn given hy telegraph to H r Majesty's Minister in .Ta[)an to issue
the n(!c(!ssary warning to British scnihu's.
1 avail, &c.
.- ... (Signed) UEXHY lIOWAlll).
.-■■ ■ \v . ;,. ■ -■: , Xo. 5;>. . ,.
Colonitil Office to Forrhjn Ojficr. - (Hrvriicd Matj \ \.)
>; . ' C.'i
M ■iv.' y
Sir, Downing Street, May 10, 180 1.
WITH reference to pievious correspondi-nee, I am directed hy th(> ]\lar(piess of
Klpon to transmit to you, for the ini'oruiati in uf the Earl of Xiniherley, a copy of a
d(>spatch and its inclosures I'roni th(> Gi.vtnaun'-deneral of Canada, showing the steps
taken hy the Dominion Oovernnieut to give puhh'city to the Agreement with Russia
as to the seal fish(>ry with the North facilie.
I am, &-^i.
,-,,.:.,.,.„; .,j (Signci) JOHN BRAMSTON.
■'mm
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Inelosuie 1 iii Xo. 5!}.
' '•• ■ ■' !' .'! The Kftrl nf Abrrder)! lo the Marquess of Rijion.
: )\'V:
Mv Lord, : ' Govrrnnuiit House, Ottawa, April 2\; lH*,)k
Wri II reFrrence to your Lordshi])'s (h'spateh of the 20th March, transmitting a
cnpy of an Orde. uf ller ilajesty's Council of the 20th January last for e.xtendinv,-
tlie'Provisional Agreement entered into with ll;issia in 1808 in regard to sealing in
the North Tacilic Ocean, I have; the honour to lorward hercAvith co])y of an approved
Minute of my Vrivy Ccmneil, indicating the steps taken by the Government to giv
due publicity' to the renewal of the Agreement.
■ 1 have, &c. '■ ■■-'
■■■:.■ . r ■■ ^r ;•: ' (Signed) ABHUDEEN.
ive
Inclosure 2 in Xo. 53.
jPGT.r
lieporl of a Committee of the Honourable the Ihir'/ Council, approied Iti/ the Gotrernor- "'
, ■" ■ General in Council on the \bth April, \H{)4'. ;• ' •;-!
riTf fir'l 'i;. if ''h\t'Mii Hi'. t'.';~9. '•' :• H'riri
THE Committee of the Trivy Council have had imder c msiderati(m a dc^jiatch,
hereto attached, dated the 2i)th ]\iarcli, 1^0 1, from the Colonial Olhce, transmitting a
coDv of an Order in Council of the 20th January, 1801, respecting the seal iishcrv in
[8GG] h' 2 '
■ . .t
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86
tlie North Pacific Ocean, oxtendintj the Provisional Ai^rocment entered into with Hiissjn
in 18n;j, providing protective zones of 30 and 10 miles respectively around the Russian
seal islands and along the Russian coasts.
The Minister of Marine and Pislieries, to whom the despatcli was referred, states
that, upon the receipt of the announcement that an Agreement had heen nMcliod for
a renewal of the arrangement of 180.3, the Colleelor of Customs at Victoria was, oii
the 7tli January, 180 1, notiKcd of the fact. He replied that he had promulgated the
information in cvcrv possible way, hut that twenty-nine vessels had already sailed lor
Japnn.
The Minister recommends that, although s+eps were taken at the time to nnlifv
the sealers that the arrangemcmt had been reached, a copy of the jn-esent Order iii
Council formally aifecting the Agreemcmt he comniunicate(i to the Secretary of Stiitc;
for Canada, for early publication in the " Canada Gaz('tte."
The Committee, on the recommendation of the .Minister of Marine and Fislicrics,
advisi that a certified copy of this Minute, if approved, be forwarc'.ed to the Highi
Honourable the Principal Secretary of State for the Colonies.
All which is respectfully submitted for your Excellency's approval.
(Signed) JOHN .T. McGEE,
Cleric of the Privy Cnnncil.
^o. 54.
Sir J. Pauncefote to the Earl of Kimherley. — {Received June 11.)
My Lord, Washington, June 4, 1894.
I HAVE the honour to inclose a copy of the modus vivendi which has boon
concluded between the United States and Russia, for the protection of fur-seals, with a
zone of 10 nautical miles along the Russian coasts of Behring Sea and of the Xorth
Pacific Ocean, as well as within a zone of 30 nautical mil(>s round the Commander
Islands and Robben Island.
I have, &c.
(Signed) .JULIAN PAUNCEFOTE.
Inclosure in No. 54.
Agreement between the Government of the United States and the Imperial Govern-
ment of Russia for a modus vivendi in relation to the Fur-seal Fisheries in Behring
Sea and the North Pacific Ocean.
FOR the purpose of avoiding difficulties and disputes in regard to the takinij of
fur-seal in the waters of Behring Sea and the North Pacific Ocean, and to aid in the
preservation of seal life, the Government of the United States and the Imperial
Government of Russia have entered into the following temporary Agreement, with the
understanding that it is not to create a precedent for the future, and that the
Contracting Parties mutually reserve entire liberty to make choice hereafter of such
measures as may be deemed best adapted for the protection of the fur-seal species,
whether by means of prohibitive zones, or by the complete prohibition of pela2;ic
sealing, or by appropriate regulation of seal-hunting in the high seas : —
1. The Government of the United States will prohibit citizens of the United
States from hunting fur-seal within a zone of 10 nautical miles along the Russian
coasts of Behring Sea and of the North Pacific Ocean, as well as within a zone of
:U) nautical miles around the Komandorsky (Commander) Islands, and Tulienew
(Rohben) Island, and will promptly use its best efforts to insure the observance of this
prohibition by citizens and vessels of the United States.
2. Vessels of the United States engaged in hunting fur-seal in the above-
mentioned zones outside of the territorial waters of Russia may be seiz(Kl and detained
by the naval or other duly commissioned officers of R\issia ; but they ^^hall be handed
over as soon as practicable to the naval or other commissioned officers of the United
States, or to the nearest authorities thereof. In case of impediment or difliculty i?i sn
doing, the Commander of the Russian cruiser may confine his action to seizing the
ship's papers of the offending vessels in order to deliver them to a naval or other
^T
87
loiniiiissionocl odicor of tho United States, or <> connminieato them to the nearest
;:iitli(ii'ities of the I'liited States as soon us ])ossihle.
;{. 'I'lie Oovoriinieiit of the T'nited States at^rees to eause to he tried hy the
I rdinarv Courts, witli all due guarantees of defenee, sueh vessels of the TJnitsd States
ns may he seized, or the ship's pajjers of Avhich may he taken, as heroin prescrihod, hy
ivasnn of their eniijayinc; in the iiuntini;:of fur-seal within the prohihit''d zones outside
( r the territorial waters of Kussia aforesaid.
J.. Tho Imperial Kup "an (lOvonuiKMit will limit to :U),000 head the numl)er of fur-
seal to he taken during the year 1801 on the coasts of the Komandorsky (Commander)
;;nd 'fulcnew (llohhen) Islands.
5. 'I'he present Agreement shall have no retroactive force as regards the seiztire "f
;iny seal-hunting vessel of the United States hy the naval or other commissioned
officers of Russia prior to the eonelusioii lien>of.
(>. 'J'lie present Agreement. ii(>iiig intended to serve the piiry)Ose of a nuM'e
jirovisional expediiMit to meet existing cireinnstanees. may ho terminated at will by
cither party upon giving notice to tlie other.
Ju witness whereof, we, Walter Q. ( Jresham, Secretary of State of i\<i United States,
Mtid I'rinee (Jregoirt! Canlaeuzenc^ Envoy Extraordinary and ilinister 1 ' snipotentiary of
Itis Jlajesty the Emperor of All tlk I'.ussias, have, on behalf of our respective Govern-
ments, signed and sealed this Agreement in duplieati^ and in the English and French
limgnages, in the city of Washington, this 22nd April (1th May), 1894
(Signed) WALTER Q. GEKSIIAM. (Seal.)
PRINCE CANTACUZENE. (Seal.)
11
f>
No. 55.
NCEFOTE.
Colonial Office to Forriyn Office. — {Received June 10.)
Sir, Downing Street, June 16, 1894.
T AM directed by tho Secretary of State for the Colonies to transmit to you, for
the information of the Earl of Kimhcrley, with reference to the letter from this
Department of the 10th ultimo, copy of a d<>spateh from the Earl of Aberdeen to the
Marcpiess of Ripon, with inclosures, on the subject of the Sealing Agreement with
Jlussia.
I am, &c.
(Signed) R. H. MEADE.
Inclosure 1 in Xo. 55.
The Earl of Aberdeen to the Marquess of Ripon.
My Lord, Government House, Ottawa, May 19, 189t.
I HAVE the honour to forward herewith copy of an approved Minute of the
IVivy Council, siibmitting corrcspondcnci^ showing tiie steps taken hy the Collector of
('ii>;t()ins at Victoria to make known to the sealers the renewal of the Agreement
iiptween Her Majesty's Ciovernment and Russia providing for ]n'otective zones around
the Russian seal islands aiul along the Russian coasts in the North Pacific Ocean.
I have, &c.
(Sigded) ABERDEEN.
Inclosure 2 in No. 55.
Kilrar.l from a Report of the Committee nf the Honourahle the Privi/ Council, approved by
the Governor-General in Council on the ]!'ith May, i894.
ON a Report, datad the 9th May, 1894, from the ilinister of Marine and
I'isheries, submitting, in reference to the approved Minutes of Council of the
-9tli January, 8th February, and l(5th April, 1894, advising Her Majesty's Govern-
ment of the steps which had been taken by your Excellency's Government for the
promulgation of the renewal of the Provisional Agreement entered into with Russia
ilil
li'i- '
S'^f'
Ik
\.',v
u
%U i'
1
■ K' WJ,>"
II
■i '
Ml
♦ r
88
for protcftivo zones around tilt' Kussiiiii .seal iNlniuls and aliiit,' tins RnsNian rduMs, i,,
the Nortli I'ucilic Ocean and (Jkliotsk St a, the ai)|»en(lt'd li-tter tVuin tli(! Cdllcctdii,'
Customs at Victoria, explaininj; tiie inctliod adopted h\ iiini to ell'cct tla; warnin,', aihi
inclosing; letters from Her Majesty's Consuls ut Yokohama and llnkodatc {nU,
appended) acknowledging^ the receipts of notices to the sealers, and pniiiiisinu; di'livcA
thereof to the masters of vessels calling' at their port as occasion olVercd.
The Committee, on the reconnneiulation of the Minister of Mariiu* and I'lslniir.,
advise that your Excellency lie moved to forward a ccrlilicd copy of this Alinutc, if
approved, together with its appendices, to the iJight lloiiourahle the Primijiiil
Secretary of State for the Colonies.
All which is respectfully suhmitted for your Excellency's approval.
1 Signed) .lUlfN .1. McC.EE,
Clerk of the Priri/ C'oiimil.
Sir, '" ■ " '' Customs, Victoria, Cnmitla, Ajiril •2Ci. l*-!)].
I have the iKmoin* to ackno\vledi,'e the rec('i])t of your letter, dntcil iIk
12th instant, referring to Hie telegram of the lloiiourahle tlie Minister of Marinr Mml
Fisheries, dated the 7tli January last, informing me that lli-r .Majesty's (loveriiiiicn!
had agreed with the Russian (roveriiment for a renewal of the Provisional .\i;ici incni
of IBM, to which I replied to the llcmoiirahle the ^liiiister of Marine and iMslurirv
that his telegram was promulgated in (>very possible way.
I heg to stat(> that, in addititm to the notification given to all the nia.strrs (,|
sealing-vessels at that time in jiort, as well as to all the resident owners, cojiiis in
scaled envelopes were sent to the British Consuls at Yokohama and Hakodate, .iMpmi.
the two ports frequented by sealing-vessels while in JapaiicM" waters, 'i'he lriiL'i>
acknowledging the receipt of thost; notices are herewith inchised, for your inforiiir.tioM
I do not think that any further steps are necessary for the promulgation ol' ihf.
same, as you can assure the Minister that all the sealing fleet which sailed from tlli^
jjort fully and perfectly undci'stood the terms of the renewal of the Agrcciiicht
providing protective zones around the Russian seal islands and along the Itussiaii
const. • .1
: ' I have, &c.
' . , . (Signed) A. R. MIJ.NE, r'«//a/or.
Wm. Smith, E-sq., . ■ '. -^
Deputy M inister of Marine Jiiid Fisheries,
Ottawa.
Sir, British Conxulate, Yolfohania, Fehruanj 0, ]>-()4.
I have the honour to acknowledge receipt of your letter of the 17th ultimo.
transmitting thirty-four notices to Canadian sealing-vessels concerning the re-(stid)li>!,.
ment of the Agreement of last year between the British and Jfussian (loveiiniieiits
resjiecting the protection of seals within certain prohibited zones around the RusNiaii
coasts.
I shall cause these copies to be delivered to the masteis of the schooners iwiiiicd
as they arrive in this port.
, , , 1 am, &c.
'■■ I, Signed) JAMES TROUR, Co/Ksu/.
A. R. Milne, Esq.,
Collector of Customs,
. ^ .Vicliyria, British Columbia.
Sir, British Consulute, Hakodate, February 12, 18!H.
I have the honour to acknowledge the niceipt, through ll(>r Alajesty's Consul
at Yokohama, of your letter of the 17th ultimo, with its thirty-four envelopes tu lie
delivered to tlic Canadian sealing-sehoontsrs that may arrive liere.
It will give me much pleasure to carry out your wishes in r<>spect to this matter.
I have, &c.
•'■•:• •■ '• • ■• - (Signed) J. C. IJALL, Con.vi,'.
A. R. Milne, Esq.,
Collector of Customs, . .t
Victoria, British Columbia.
■ i.fj
8fl>
No. 6ti.
, J-V-Vl
Mr. llninird to tlw F.irl of K'nithfrhii. — [Rcreii.ed July 23.)
MvLtxI St PetPr.ibiinjh, July 19, \fi9l.
WITH r'f.T»nirc ti. niy (Ifspatiili of tlic 7tli 1)i'c-lmu1)ct last n-siKfting the
rpqiK-*: miii(lK» to M. rle friers tliat, Her ^fajcsty's Oovernment nii^ht W funiished
willi ccil-i": ! r-irTu,Mit:iry cvidciu'c roIativ(( ti)"tli(' seizure of Caii:uliim sealers in 1892.
1 liiM-v 'iir to inform your Lonlsiiip tliat last week 1 iij:ain asked Count
K'lji'ii'-I «iu" nKvir r'le Afinistcr of Marine, to whom the request had been referred, had
(•(imi" 1" ^'ut' "I'^'i^ioii in Hie matter.
]!i«. Excio^lleney's reply was that Admiral Tehikhatchow had not yet sent an
answer ti* lllui--*':)miiuitii(:ati-)n frxn the Ministry of ForciL^n AITairs on this subject, but
il,a1 ill.' bili!«"ir wiiiiid write to him uiiaiu.
I have, &e.
(Signed) HENRY HOWARD.
No. 57.
Thf Earl of Kimberley to Sir F. Lascellen. '
Sir, Foreiijn Office, Auijusl 1, ISGl.
1 ITAVE n^TOi'ved ^fr. Howard's despatch of tlu; l!)th .Inly, reijorting that
ii(i r. ]ily \rml lii«M'n received from the llussian (iov(;riiment to the apjdiention of Her
.\laji"-ly"» «;«»vfniment to hi' furnished witli certain documentary evidi-ntM.- in con-
Hccliiin irajla ttlii^ seizure of Canadian sealers in 1S!)2.
1 linxf tKn rifjuest your Excellency to give ll is matter your early attention. ' •.
I am, &c.
(Signed) KIMBERLEY.
jXK, ('olh'vlnr.
No. 58.
air F. Lancellea to the Earl of Kimberley. — (Received August 20^
eliooners nuiiiwi
LOUr, Connul.
My Lord, St. Pefersburyh, August It, 189-4.
i\' ara mtnTdt^w which I had with Count Kapnist yesterday. I oliserved to his
txcellciK'y nlwilt ao answer had yet been returned to the note which Mr. Howanl had
a(l(li'i^s(-jl lt«> M. lie (Hers on the 13th (25th) November last on the subject of the
apiilieriliwra ir»f Her Majesty's (Jovernment to be furn.ishcd with certain docunicntaiT
cvifleii'ie 3311 (ti'mnif^ction wi*h the seizure of Canadian sealers in 1892. I adde<l that
Mr. HinTiwl iiauL ii^ the month of December last, brouglit the matter to the notice of
his E\.-:M-!l!l«":!..<ry, who had rei)lie{l that the case had been referred to t!ie Minister of
iMariiic- 1 htf! now been instructed to bring the matter au'ain b<'fun* the Russian
Gdverjjaat-mn, Dci cEie hope that the d.)eumentary evidence might ;hortly be furthcoming.
I Mai ihsf Ilc^ir Majesty's (Tovernnieiit had ap|tlied for furtlier inforniatioa from the
Cauiuli lu li.fvvi'-rrirnenf in order to arrive at a clear knowle lg(^ lif the facts.
Coujjit KaipmLsi. replied that he could only give me the answer which he had
already i;iric3D So Mr. Howard, viz., that the Minister of .Marine had not yet replied to
llie a])j>]ica.lii(Oiini wijkI<^ to him by the ^linister for Foreign Affairs.
1 I'xjuicsMiJl the hope that his Excudhincy might be able to furnisli me shortly with
:i rcjijy iai ilm cami.
I have, &c.
(Signed) FRANK C. LASCELLES.
a\U
JiR^
if
a
My lx)r(l.
40
No. 5!).
Sir F. Lascflles In the Earl of Kimlwrti'i/. — {Received Septemher 17.)
St. I'l'lernlmv'/li, l^eptemlirr S, |Si)|
I HAVK the honour to inclose a copy of a note uhicti f have adilics^,.;
to M. (Ic (licrs, calling' liis p]xcelloncy's alteiition to tlu^ dehiy \vhi(di lias oitihii i
in meotiiiir the !ip|)lication of Her Majesty's (rovernnienf for certain (locimnntaiv
evidence in connection with the seizure of Canadian sealers in IHOJ, in, i
exprcssins? tlu> iiope that 1 may ho favoured with tlio rejily of the linptiiia
to
in
e
Govern inent
I have, &c.
(Sii,'ncd) rUANK C. LASCELLKS.
luelosure in No. 59.
Sir F. Laurel le.s to i\f. de Giers.
M. In Ministre, St. Peteisburyh, Aiiyiist 21 ( September ^), 1S1I|.
ON the IStli (iotii) Novemhor of last year ^Ir. Howard liad the lionmn- if
addressing; a note to your Excellency, to conimunicato the re(|uest of Her Majesty'v
(lovernment Ui he furnished with ecrtain documentary evidence in connection wit',
the seizure of Canadian sealers in 181)2.
In the early part ot Deeeinher Mr. Howard reminded Count Kapnist that no ropl,
had been received from the llussian Government on the suhject, and shortly after mv
arrival at St. Petershuryh I ;',j,'aiu hro\ii;ht the matter to the notice of Count Kiipiiisi,
who informed me, as he had previously on more than one occasion infornicd
Mr. Howard, that the apjjlicatiou had hee.i forwardcnl to the Imperial ^Ministry (ji
Marine, from \|Jiom no rej)ly had yet heen received.
I have been uistructed hy Her Majesty's Principal Secretary of State f(j;
Foreiijn Affairs to call your Excellency's attention to the delay whieii has occiu'red in
meetiui; this application of Her Majesty's Go' cniment, and to exj)rt!ss the hope that 1
may be favomvd with the reply of the Impc:rial Government.
I avail, &e.
(Si-ned) V. EASCELM-S.
No. (iO.
Colonial Office to Foreiyn Office. — (Received October 2)
Sir, Doiniiny Street, October 1, 1801.
I AM directed by the Secretary of State for the Colonies to transmit to you, fdi'
the information of the Earl of Kimberley, a copy of a despatch from the Govenioi-
General of Canada in regard to the measures to be taken by the Russian Goverunieiii
for the protection of maritime interests in their north-eastern territories and seas.
I am, &c.
(Si^med) R. H. MEADE.
Inclosure 1 in No. 60.
The Earl of Aberdeen to the Marquexn of Ripon.
My Lord, The Citadel. Quebec, September 10, 1891.
WTin reference to your Lordship's dc^spatch of the liJh'd .July last in regard td
the measures to be taken by the llussian (.Joverument for the protection of maritime
industries in their north-eastern territories, I have the honour to inclose copy uf an
approved Minute of the I'rivy Council, expressini; the thanks of the Government fur
the information contained in your Ii0rdshi])'s despatch.
I have, &c.
(Signed) ABERDEEN.
m
41
Inclosurc 2 in No. 00.
Extract from a Report of the Commitfee of the Honourable the Privy Council, approved by
the Qovernor'Qeneral in Council on the \th September, 1B!)1.
THE Committee of the Privy Council have had under consideration a despatch,
dated the S.'Jnl July. 185)1, from the Colonial OfTice, eoverini; ' ojjy of a communication
from ITer Majesty's Representative at St. Petcrsl)urn;h, dated the l^th September, 1893,
ftuno'incins the reported discussion in the Imperial Ministry of the Interior by the
Govfrnor-Gcnoral of the Amur Provinces on the (luestion of more energetic measures
belli!; taken for the protection of the whalins? and other maritime industries of the
noi^h-eastern territories and seas of the Russian Empire, and more especially of the
Rusiian coasts of the Okhotsk and Behrinf^ Seas against foreign poachers.
Th(> Minister of l\[arino and Fisheries, to Mhom the despatch and inclosuro were
refcrrid, states that it is asserted that every year some forty foreign ships, principally
American, engage in illicit hunting off Chukotsk Peninsula, and that the extermination
of whales and walrus, and other valuable species, is proceeding in Russian waters with
great rapidity.
The Minister further states that he is unaware of any of Her Majesty's subjects
in Conada frequenting tho waters in question for the purposes mentioned, or, indeed,
auy of the Asiatic ^\aters of the North Pacific Ocean, for any other purpose than
polagic sealing, and those engaged in that business do not, so far as he can ascertain,
invade the territorial waters of any nation.
The ^Minister observes that it is, however, as Her Majesty's Representative
surmises, interesting for your Excellency's Government to learn that the attention of
the Russian Government has been called to the alleged ; i .rularities committed by
foreign ships, as it will enable them, in the event of any ship i Iting out for operation
ill tiiose waters, to warn them against eneroaehments of the kitul reported.
Tlie Minister further observes that he has read witli gn at satisfaction the closing
paragmph of Mr. Howard's communication, in whiel le stales he used the term
" territorial waters '' because all the Russian Regulation;* lor the protection of maritime
industries cuti, .?s regards foreigners, only apply to such waters, M. Chichkine having
told him, wiiii reference to the Law for the protection of I ur-seals of last year, that
thfo was no question of extending Russian jurisdiction beyond territorial waters.
The Committee, on the recommendation of th(^ Minister of JIarine and Fisheries,
advise that your Excellency be moved to convey to the Right Honourable the
Principal Secnitary of State for the Colonies the thanks of the Canadian Covernment
for the information contained in the above-mentioned despatch.
The Committee, on the same recommendation, advise that a certiCcJ copy of this
Minute, if approved, be forwarded to tho Right Honoumble the Principal Secretary of
State for the Colonies.
All which is respectfully submitted for your Excellency's approval.
(Signed) JOHN J. McGEE,
Clerk of the Privy Council.
[. MEADE.
No. 61.
Colonial Office to Foreign Office. — {Received December 31.)
(Extract.) Downing Street, December 29, 1891.
WITH reference to previous correspondence, I am directed by the Marquess of
Ripon to inform yoti that a despatch has been received from the Governor-General of
Canada relative to the Sealing Agreement with Russia.
The Canadian Government do not object to the terms of the Agreement so much
as to the legislation for giving effect to it.
With regard to an objection to section 1 of the Imperial Act urged by the
Dominion Government, Lord Ripon thinks that it might be met to some extent by
limiting tho power to detain or seize the vessel or her equipment to cases where the
officer is satisfied that there has been an actual contravention of tho Act.
His Lordship considers also that the provision of s. ition 1, Mhich throws on the
master of a sealing-vessel foimd within tho prohibited zone the onus of proving that he
is there with innocent intent, might be omitted.
[866) Q
^!^!
.'! '■••„?'}:';'.(,:,
42
No such provision is inserted in the Uehring Sea Act of this year, and his Lordship
is satislied that the masters of the sealiiig-vosscis i^enerallv have no desire to risk iheh'
vessels by contravantiou of the arrangements, and that in view of the prevaleuco of
fogs and currents in the seas in (question, the provision throws an unfair burdcui on ilif
master.
No. 02.
Foreign Office to Colonial Office,
Sir, Foreign Office, Jannary 1, 1895.
I AM directed by the Earl of Kimberley to state that, in his opinion, even-
precaution should be taken to insure, during the coming seal fishery season, a strict
observance of the Agreement with Russia, and that it will bo desirable to remind tlip
masters of British sealing-vessels proceeding to the North Pacific that tJie ArraiiL'c-
ment remains in force.
His Lordsliij) therefore pro))osc9, with tht> eoncurreiiee of the Secretary of State
for tlie Colonies, to address a telegram to I liu- Majesty's Minister at T«')ki6, instruetinn'
him to inform Her Majesty's Consuls in Japan that British sealers should be warned,
as in previous years, not to approa(!li within the limits sjieeiUed in the Agreement.
1 am, &e.
(Signed) i<^llANCIS BEIl'I'TE.
No. 63.
Colonial Office to Foreign Office. — {Received January 8.)
Sir, Downing Street, January 7, 1805.
r AM directed by the Marquess of Ripon to acknowledge the receipt of your
letter of the 1st instant, and to state that he concurs in the proposal of the Earl of
Kimberley to instruct Her Majesty's Minister at T6ki6 to have a warning issued to
masters of British sealing-vessels with the view of securing a strict adherence to the
Agreement with Russia.
Lord Ripon presumes that the Foreign Office will communicate with the
Admiralty in order that the officers commanding Her Majesty's ships may also warn
any sealers whom they may meet.
I am to inquire whether Lord Kimbei'ley has any information regarding tlie
intentions of the United States' Government as to continuing their Agreement with
Russia, and I am to o1)serve that, in view of section 5 (('») of " The Seal Eislior;
(North Pacific) Act, 18!);j," fresh legislation in this country will become necessary
before the 1st .Tuly.
As tlie sealers will shortly be starting. Lord Ripon proposes to telegraph to the
Governor-General of Canada to remind his Government that the Agreement with
Russia was continued imtil further notice, and to ask them to warn sealers elearina;
for the RussiaTi side of the North Pacific.
I am, &c.
(Signed) EDWARD WINGFIELl).
No. Ct.
The Earl of Kimberley to Mr. Trench.
(Telegraphic.) Foreign Office, January 8, 1895, 6-45 P.M.
SEAL Fishery Arrangement with Russia remains in force.
Her Majesty's (Jot suls shculd warn British sealing-vessels as before not to
approach within the limits specified.
43
Tfo. 65.
Foreign <')ffice to Admiralty.
Sir, Foreign Office, January 10, 1895,
WITH reference to my letter of the 3rd IVIavch last, I am (lirceted by the Earl of
Kiniberley to state, for the information of the Eoard ol' Admiralty, that tlie arrange-
ment with Russia for the protection of fur-seals in the North racific remains in
force.
Her Majesty's Minister at Tokio has been instructed, by telegra])h, to warn
masters of British sealing-vcssels that tlie AgrceuK'ni continues to l)o binding.
It is desirable that the Commanders of Her Majesty's sliips should co-operate
with any vessels of tli(> Imperial Russian navy wliicli may i)t> detailed for the policing
of the waters affected by the Agreement, and for seizing and dealing Avith sealers
infringing it.
Lord Kiraberley directs me to suggct-t that orders should be issued to them with
that object, and that they should be instructed t(» warn the masters of any seaJing-
vessols which they may meet.
I am, ifcc.
(Signed) FIJANCIS BERTIE.
IS berth:.
No. 66.
Foreign Office to Colonial Office.
Sir, Foreign Office, .January 10, 1895.
WITH reference to your letter of the 7th instant, I am directed by the Earl of
Kindjerley to transmit to yon, to be laid before the Marcjuoss of Ripoii, a paraphrase of
a telegram addressed to Her Majesty's Minister at Tokio,* informing him tliat, as the
Agreement with Russia relative to the seal fisheries remains in force, British sealers
sliould be warned, as in previous years, not to approach Avilhin tlu' limits specified in
the Agreement.
The Lords Commissioners of the Admiralty have been requested to instruct the
Commanders of Her Majesty's ships to warn any British sealiM-s whom they may meet,
and also to co-operate with such vessels of the Russian Imperial navy as may be
detailed for the patrol of the waters ail'ected by the Agrecnient.
The Agreement between Russia and the United States, Article VT, pi'ovides that
it may be terminated at m ill by either party upon giving notic(i to the other.
No intimation has been received of such notice lieiiig liktdy, ])ut copies of this
correspond^ nee wdll be forwarded to Her Majesty's Ambassador at Washington, and
his Excel '.ency will be instructed to ascertain from ^Ir. Gresham whether the United
States' Government have any intention of altering or terminating the arrangements by
which they are at present bound.
I am to add that Lord Kiniberley concurs in the telegram wiiieh Lord Ripon
proposes to address to tlie Governor-General of Canada on the subject.
I am, &c.
(Signed) b'RANCIS BERTIE.
No. 67.
The Earl of Kiniberley to Sir J. Paunrefote.
Sir, Foreign Office, January 11, 1895.
I TRANSJillT to you copies of eorrespondeuorf with the Colonial Office and
Admiralty, and of a telegram to Her Majesty's Minister at Tokio,t relative to the
measures necessary to insure, if possible, during tin; eoniiug season, a sti'ict adherence
to the Agreement between Great Britain and Unssia resjK'eting th<.' fur M.'al fisheries.
The Agreement betwei"' tiie United Suites and l.'ussia jiiMvidi-s lArtielid that
it may be terminated at will by eitlnr party upon giving;' Uiitice to t'u' otl.cr.
No intimaticm lias hcvn received of such notice iieiiig likely, but it is desirable
• No. C». t -^'os- 62, C3, C-J, Go, ami GU.
[366] ■ G 2
M
i'M-
4A ■
that your Excelleucy should mention to Mr. Groshani the instructions issued with
regard to British scalers, and that you should ascertain whether the United States'
Government have any intention of altering or terminating the arrangements by which
they are at present bound.
I am, &c.
(Signed) KIMBEBLEY.
No. 68.
The Earl of Kimberley it Sir F, Lascelles.
Sir, Foreign Office, January 12, 1895.
I TRANSMIT to your Excellency copies of correspondence, as marked in the margin,*
relative to the measures necessary to insure, if possible, during the coming season, a strict
adherence to the Agreement between Great Britain and Russia respecting the fur-seal
fisheries.
I request that your Excellency will take an opportunity of communicating to M. de
Giers the instructions issued by Her Majesty's Government, and of inquiring whether any
vessels of the Russian Imperial navy will be detailed this year for the patrol of the waters
affected by the Agreement.
I am, &c.
(Signed) KIMBERLEY.
No. 69.
Colonial Office to Foreign Office. — {Received January 16.)
Sir, Downing Street, January 15, 1895.
I AM directed by the Secretary of State for the Colonies to transmit to you, tor
♦he information of the Earl of Kimberley, with reference to the letter from your
Department of the 10th instant, a copy of a tohigram from the Secretary of State
for the Colonies on the subject of the Agreement with Russia regarding the seal
lishcries.
I am, &c.
(Signed) R. U. MEADE.
Inclosure in No. 69.
The Marquess of Ripon to vhr. Earl of Aberdeen,
(Telegraphic.) Down.mj Street, January 12, 1895, 5*25 P.M.
AS Russian Sealing Agreement was rcucivcd until further notice, Her Majesty's
Government would be obliged if your Ministers would remind sealers that Agreement
is in force still.
No. 70.
Admiralty to Foreign Office.—{Receioed January 18.)
Sir, Admiralty, January 17, 1895.
WITH re:'£erence to your letter of the 10th instant, I am commanded by my Lords
Commissioners of the Admiralty to acquaint you, for the information of the Secretary
of State, that the following telegrams hare been sent to the Conimanders>in-chief on
the China and Pacific Stations respectively : —
• Not. 62, 63, 64, 65, 66. and 67.
46
>
'^1
MBERLEY.
To Commander-in-chief at Chefoo.
" Admiralty, Jcnuary 17, 1895.
« Sealing arrangements with Russia, and instructions 189y, rcr. tin in force next
season. Arrange accordingly."
To Commander-in-chief at Callao.
" Admiralty, January 17, 1896.
" Sealing arrangements with Russia, and instructions 1893, remain in force next
season. Arrange accordingly."
I am, &c.
(Signed) EVAN MACGREGOR.
No, 71. •
Sir F. Lascelles to the Earl of Kimberley. — {Received February I.)
My Lord, St. Petersburgh, January 23, 1896.
I HAVE the honour to transmit herowith a copy of the note which, in compliance
with the instructiona contained in your Lordship's despatch of the 12th instant, I have
addressed to M. de Criers, communicating tu his Excellency the instructions issued by
Her Majesty's Government to insure, as far as possible, during the coming season, a
strict adiierence to the Agreement between Great Britain and Russia respecting the
fur-seal fisheries, and inquiring whether any vessels of the Russian Imperial navy would
be detailed this year for the patrol of the waters affected by the Agreement.
I have, &c,
(Signed) FRANK G. LASCELLES.
Inclosure in No. 71.
I. MEADE.
Sir F. Lascelles to M. de Hiera.
M. le Ministre, St. Petersburgh, January 9 (21), 1896.
I HAVE the honour, in obedience to the instructions which I have received from
Her Majesty's Principal Secretary of State for Foreign Affairs, to take this opportunity
of communicating to your Excellency the instructions issued by Her Majesty's Govern-
ment to insure, as far as lies in their power, during the coming season, a strict adherence
to the Agreement between Great Britain and Russia respecting the fur-sealing fisheries
in the Nortii Pacific.
Her Majesty's Minister at T6ki6 has been instructed, by telegraph, to issue through
Her Majesty's Consuls a warning to masters of British scaling- vessels not to approach
within the limits specified in the Agreement. The requisite steps have likewise been
taken to ask the Governor-General of Canada to warn British sealers clearing for the
Russian side of the North Pacific ; the Commanders of Her Majesty's ships will further
be instructed to convey <* warning to the masters of any sealing.vessels which they may
meet, and to co-operate with any vessels of the Imperial Russian navy which may be
detailed for the policing of the waters in question.
In communicating the above to your Excellency, I am further requested to inquire
whether any vessels of the Russian Imperial navy will be dispatched this year for the
patrol of the waters affected by the Agreement.
I avail, &c.
(Signed) FRANK C. LASCELLES.
No. 72.
Sir J. Pauncefote to the Earl of Kimberley. — {Received February 2.)
My Lord, Washington, January 24, 1896.
WITH reference to your Lordship's despatch of ^he 11th instant, inclosing copies
of correspondence relative to the measures necessary to insure, if possible, during
m
46
the coming season, a strict adherence to the Agreement between Great Britain and
Russia respecting tho fur-seal fisheries, and instructing me tD ascertain whether the
United States' Government have any intention of altering or terminating the similar
arrangement between the United States and Russia, I have the honour to inform your
Lordship that the Secretary of State assures m(^ that the United Stjites' Government
have no present intention of altering or modifying that ai-rangement. In accordance
with your Lordship's direction, I mentioned to Mr. Gresham the instructions issued
with regard to British sealers.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
m
.; ?H Jin-
•.■r.-;i ..
No. 73.
Sir F. Lascelles lo the Earl of Kimbrrl'ii. — {Received Fehmani 4.)
My Lord, St. Petershmjh, Jamianj 2G, ISO.').
WITH reference to Mr. Howard's despatch of the lS)th July last and to pnnious
correspondence respecting the seizAire of Canadian sealers in 1S92, I liavo the honour
to transmit herewith to your Lordship a copy of a note which I l>aA c received from
M. Chichkine, inclosing the logs of the seliooners " Vancouver Belle " and " Carmolite,"
copies of the Protocols relating to tlie seizure of these vessels, copies of tlie sentences
of confiscjvtion, an extract from the Report of the Comroandcr of tho squadron in the
Pacific concerning the seizure of the " Carmolite," an extract from the Report of the
Commander of tiie " Zabiaka " concerning the seizure of the "Vancouver Belle," and,
lastly, a copy of a map drawn up at the Russian Admiralty, indicating, according to
Russian and English data, the place where the seizures were effected.
The above map is furnished, as no charts Averc found on board the- seized
schooners, and it is requested that tlic log-books may cvontually be returned.
M. Chichkine concludes by stating tliat the competent local authorities have boon
instructed to communicate to the Imperial Iklinistry the documents eoncernini^ tlie
seizure of the "Rosie Olsen" and the "Marie" (tlicse papers being still in tlie
possession of the Vladivostock Prize Court), and tliat as soon as they have l)een received
they will be forwarded to Her Majesty's Embassy.
I have, &c.
(Signed) PRANK C. LASCELLES.
HI'
Inolosure in No. 73.
M. Chichkine to Sir F. Lascelles.
M. TAmbassad mr, Saint-Pe'tersbourg, /ell (23) Janvier, 1895.
EN reponse h la note de votre Excnllence du 22 AoAt (8 Septembre), j'ai rhonncu.
de vous {aire parvenir ei-joint le« documents so rapportant a la saisie operee par nos
OFoiseurs dans la Mer de Bebriug des schooners Camwliens " Vancouver Belle " et
'^- Carmolite," se livrant h. la peche aux phoques ti fourrure dans nos eaux. documents
dent Mr. Howard nous avait demande la cor nunication par sa note du 13 (25) No-
vembre, 1893. Ce dossier se compose des pieces suivantes : —
1 et 2. Les journaux de bord des deux schooners susmentionnes ;
8 et 4. Des copies des Protocoles de saisio des dits bAtiments ;
5 et G. Des copies de I'arret de leur confiscation :
7. Un extrait du Rapport du Chef de I'Escadro du Pacifique concernant la saisic
du scfcooneE ^ Garmolito ; "
8. Un extrait du Rapport du Commandant du " Zabiaka " concernant la saisic du
schooner " Vancouver Belle ; "
9. La copie dune carte dressee par I'Etat-Major de la Marine Impdriale. et
indiquant, d'apr6s les douuecs Russes et Anglaises, le point ofi les saisies out ote
operees.
Le Minist6re do la Marine croif devoir communiquer eette dernif^re pi»>ee, aiicune
carte n'ayant etB trouvee a bord des schooners saisis. En nous euvoyant tons les
doouments prdcitcs, il dcmando que les livros de bord qui en font paide puissent nous
UNCEFOTE.
t7
fitrc mstitu^s aprfts quo le Gouvornement Britannique en aura pris oonnaissancc,
demando que jo rae fais un devoir do transmottre ii votrn ExcoUenco.
Quant aux pieces qui so rapportont h la saisio do la " Rosie Olson " et do la " Mario,"
ct se trouvant entro los mains du Tribunal do I'risos do Vladivostock, lo Ministftre
Impoi'i^l en a domande communication aux autoritos! locales compotontcs, ct no mauqucra
pas de vous les fairo tonir aussitfit qu'elles lui soront parvonucs.
£n vous informant do cc qui precede, jo saisis, &c.,
(Si-no) CHICHKINE.
No. 74.
> r
.ASCELLES.
Foreign Office to Colonial Office.
Sir, Foreign Office, February 0, 1895.
I AM directed by tho Earl of Kimberloy to transmit to you, to bo laid before the
Marquess of Ripon, a dospatcli from Ifer Arajesty's Ambassador af St. Potcrsburwh,
transmitting a note from Af. Chichkino,* in which he incloses docuuieiits relative to
the seizure of some of the Canadian soaling-vessels in IJchring Sea by Russian cruisers
ill 1S!)3.
Tho papers relating to tho seizure of the '•' Rosio Olson " and tho " Mario " will
also 1)0 communicated as so(m as they are received from the authorities at Vladivostock,
who have been instructed to communicate thorn to tho Imperial Ministry.
I am, (fcc.
(Signed) ERANCIS BERTIE.
No. 75.
Colonial Office to Foreign Office. — {Received March 7.)
Sir, Downing Street, March 6, 1895.
I AM directed by the Marquess of Ripon to state, for the information of the
Earl of Kiraberley, that tho amendments whi(!h he thinks should bo made in " The
North Pacific Seal Eishery Act, 1893," are in sub-section (i) of section 1, and in
sub-section (6) of section 1.
Tlie latter sub-section should, he thinks, be entirely omitted, and for the last
clause of the former he would suggest the substitution of some sneh words as " if
he is satisfied that the vessel has been used or employed in contravention of this
Act."
With regard to the question of tho general right of search over sealing-vessels
within the prohibited zone, I am to observe that as sealing is (>ntirely prohibited
throughout tho year within the zone, tho presence of a vessel equipped for sealing
raises a natural presumption against her which can only be substantiated or removed
by investigation.
To remove the general liability to search within the zone, aiul to allow a vessel
only to be interfered with when caught Jingrante delicto, w'ould, his Jjordship fears,
offer a temptation to evasion and contravention of the Act, and would afford reasonable
grounds for suspicion that Her Afajosty's Government did not desire its etfectivo
■"^"'Mition.
lie is not, therefore, prepared to recommend any modification of the Act in this
respect.
With I'ogard to sub-section (1) of section 3, 1 am to observe that his Lordship does
not sec how it can bo omitted or altered without creating insuperable obstacles to the
prosecution of a vessel seized by a Russian cruiser.
I am to add that with the view of collecting information which would be of use
in the discussion of the general Regulation of tiu; seal fishery, it is for consideration
whether power should not be taken by an amendment of sub-section (2) of section 1.
of the Act to require all sealing-vessels to make tho entries in their logs as to the
place and date of each sealing operation, &c., required by Nos. 5 and 6 of tho^iward
Regulations, and also to prohibit the use of wasteful and destructive weapons, such ns
rifles, in the killing of seals.
• No, 73.
„'■ i
48 .
Any such Regulations could not of course bo onforced this year, and the Catindian
Government would probably object to them being imposed on British vessels unless
they were also imposed on United States' vessels, but a general power to impose; siicli
Regulations might bo obtained, so that it could be at once enforced if agreed to by the
United States and the other nation interested.
Lord llipon would bo glad to have an opportunity of seeing the Hill in draft
before it is introduced into Parliament.
I am, &c.
(Signed) R. H. MEAUK.
No. 76.
' ■
-t i
if
Memorandum forwarded io the Colonial Office by the Governor- General of Canada, and
communicated to the Foreign Office, March 20.
BY the Agreement with Kuseia Groat Britain enpapes —
1. To prohibit, during the time specified, her Bubjcutu from killing or hunting seal within cerlain
tonei.
2. British veasels engaged in hunting teah leithin the limits, outsido territorial waters, iiiav i«
seized by Russian cruisers and handed over to British authority.
3. To bring to trial t)ie British vessels whicli may be seized a» having been engaged in sndmii
within the prohibited £one>.
The engagement is entered into without prejudice to the rights and position of eilhor I'(.\v(r.
The only oflences, then, under the Agreement, and which aj)peur to be contemplated hy it,;
torma, are : —
Killing, taking, or hunting, or attempting to kill, take, or hunt seals within the zones specified.
The right of passage, or anj' other right possessed by a British ship on the high seas, arc in
no way affected.
The Admiralty instructions to Her Majesty's shijjs for tlieir guidance under the arrangomi'nl
begin by explaining that British cruisers a^u to co-operato with the Uussiau naval vessels in
preventing persons Delonging to British ships from A(7/in(/ or /ii<Mft'«^ «ea/A' during the period iiiul
within the specified zones.
Section 2 directs : " British ships likely to bo affected should be warned that they will In.
liable to capture \i found killing or hunting seals ipithin those zones."
Section 'A reads : " If any person belonging to a British ship kills, lakes, limits, or attempts \n
kill or take any seal during the said period, within the said zones, or if any Britisli ship, or the
equipment or crew thereof, is or are used or employed in such killing, taking, hunting or atteiuiit,
a British or a Kussian cruiser may stop aiul examine the ship."
So far, the instructions appear to conform to the abligatioiis under the Agreement, for, alth(mj,'li
a vessel may bo stopped and examined, it would still ajjpear that this eould only be done in tlio
event of the vessel, tier equipment or crew, was, or were, being used or employed in killing, tiikiiii,',
or hunting seals, or attempting to do so, during the period and within the limit specified.
" The Seal Fishery (North Pacific) Act, 18!>3," was designed solely to give effect to thu
Agreement.
It provides —
" (a.) A person belonging to a British ship shall not kill, take, or hunt, or attempt to kill w
take any seal during the period and within the seas specified by the Order ; and
" (6.) A British ship shall not, nor shall any of the equipment or crow thereof, be used or
employed iu such killing, taking, hunting, or attempt."
Penalties are provided for these specific offences, and they appear to constitute the ouly
offences recognized by the terms of the Agji-eement.
Sub-eection 4 of section I of the Act, however, enacts: —
"Any commissioned officer on full pay in the Naval Service of Her Majesty the Queen sliall
have power, during the period and in the seas specified by tlie Order, to stop and examine a British
ship, and to detain her, or any portion of her e(iuipinent, or any of her erew, if, in his jiidgiiii'iit,
the ship is being or is prepared to be used or employed iu contravention of this section."
Similar power is conferred upon Kussian ofiicers.
Sub-section tJ of section 1 enacts : —
"If, during the period and within the seas speuified by the Order, a British ship is fonnd
having on board thereof fishing or shooting iniplenients, or seal-skins, or bodies of seals, it shall
lie in the oumer or matter of such ship to prove that the ship was not used or employed in contravention
of this Act."
Obviously, any ship equipped for a seahng voyage may be said not only to be preparing, but
to be at all times prepared to take seals.
Until she has taken seals iu an illegal manner, or in protected areas, she should not become
liable, and no offeuco should be assumed against her.
She is regularly cleared at Customs, and licensed for the sole purpose of prosecuting a sealing
voyage in the North Pacific Ocean.
She is manned and equipped accordingly, and among her equipment are necessarily the
reqtiisite implements for sealing.
le Bill in draft
n. MEADE.
that thcv will In
8ho may bo legally within the zotus for other purposefi than thoHo prohibitud by the Agree-
gent or legislation, and the fact of hor being a Hoaling-veBBol in no way ImpairN hor right ol
pjggage through thu zone from point to point, wlmro the operatioun for which Mhe ia licenat^ are
regtrictod by no law or regulation.
At all times and in every locality during her voyage from America to Asia, every aealing-
veafiel muHt nocestuirily and pronurly have implemonte, Heal-HkinB, and bodicH of Heala on board, aa
an abaoluto condition of the iuaustry in whicli hIio is engaged.
Hence it would appear to be Honiewhat exacting that Huch proof flhould devolve upon the
master in the light of the fact that the ;>o»««««to;j (jf these articles, even at the tinut or teithin the limit,
ij not an offence against the Agreement with Russia.
During the year 1893 four British vcshcIh were seized and brought to trial : two at Yokohama,
and two at Victoria
In th(f cases of three of these vessels the l(Ntniod Judges decided that the masters had clearly
ilifjchurged the presumption raised against them by their mere presence within the zone, and
(iigmiBsed the suits.
In the other case, that of the schooner " Minnie," the vessel was condemned.
Ill every one of these cases the vessels were seized for mere presence within the zone, and no
other offence was charged against them.
It was fortunate for those vessels which were acquitted that circumstances were such as to
justify the opinion of the Courts that the prima facie case presumed against them had been
removed. Otherwise those vessels, innocent of evil intent, would havo been condemned in
addition to having their voyages broken up.
It was not proven that the " Minnie " had committed a breach of the Agreement or Act.
She was condemned merely through the absence of sufficient proof of innocent intention to
remove the presumption raised by her presence in certahi waters, which constituted a pritnd facie
case against her. The Judge had no ulteniative.
Ill respect of the vessels which, utter having stood their trial, and been adjudged innocent of
any evil-doing, it may be said that although their voyages were thus utterly broken up, thoy had
no recourse whatevei", their counter-cases oeing dismissed by the respective Courts as unsustain-
ublo under the conditions of the Act.
The case of tho " Minnie," which vessel was not shown to have committed an offence, is still
a huiflhcr one, and it is contended that British ships should not be subjected to such far-reaching
Jiaastor and embarrassment, because it is considered expedient to provide certain protection to
seal life.
Where is conciliation to find its limit if the relinquishment of such time-honoured and
recognized rights is made to depend upon the question of expediency 1
The foregoing remarks treat of some of the practical effects of existing urraiif^ements, but
there is another aspect of tho tpiestion, dealt with in connection with the machinery provided
under the Behring Sea Award, which, in principle, is of infinitely more vita! importance, since it
involves the admission of the rigiit of search over tdl ships ut sea flying the British flag, and the
neizure thereof, on tho shallow pretext of more suspicion.
Ottaioa, Janvary 5, 1894.
m
V !i'
No. 77.
Amendments in " Seal Fishery {North Pacific) Act, 1893," suggested by the Oovemor-
General of Canada. — {Communicated by the Colonial Office to the Foreign Office,
March 20.)
SEAL FISHERY (NORTH PACIFIC)
ACT, 1893.
PROPOSED BILL.
56 ViOT.— Cap. 23.
[Non.— The italics lignify that the portioni lo printed are
iliBiuted in the propoted Bill.]
[NoTi.— The portioni printed in nnall type are eabititntad lor
and added to the preient Act.]
An Act to provide for prohibiting the Catching of An Act to provide for prohibiting the Catching of
Seals at certain periods in Behring Sea and Seal* at certatn perioda in Behring Sea and
other parts of the Pacific Ocean adjacent to oilier parts of tlie Fadfie Ocean adjacent to
Behring Sea. Behring Sea.
Whereas it is expedient to extend " The Seal
Fishery (Behring Sea) Act, 1891,'' to other
waters of the North Pacific Ocean adjacent to
Behring Sea, and for that purpose to repeal
•vai re-enact that Act :
[866]
Whereas it is expedient to extend "The Seal
Fishery (Behring Sea) Act, 1891," to other
waters of the North Pacific Ocean adjacent to
Behring Sea, and for that purpose to repeal
and re-euaot that Act :
'.-'■I jm ' m-
50
^iPii
Be it therefore I'lmeted by th«> Queen's MoHt
BxoeSent Mnjettty, by and with the advico and
oontient of the Lords SpiritnnJ and Teinptn-nl,
and CoramoiiH, in thin prcwont Purliunieiit
Miembled, r.nd by thf> unthority of tho mine, hh
fbllowi :—
1. — (1.) Uer Majosty tho Queen may, byOrdur
La Cuimcil, pixihibit, during the period spociBed
by i\w Order, tlio catphiiiij; of KealM l)y Britiivh
tihiptt iu Bucii purtH uf tbt< Mean to which this Aet
applies aw are H]io(!ified by tlio Order.
(2.) While uu Order iu i'ouncil under this
Act is iu fored —
(a.) A perMoii belonging to a BritiBh Hbip
shall not kill, take, or huut, or attempt to kill
or take nuy Real during the period uud within
the 8eu8 specified by tho Order; and ?
(6.) A Britiuh Hhip shall nut, nor Khali any of
tho equipment or crow theroof, be uned or em-
ployed m Hueh killing, takuig, hunting, or
attemjit.
(H.) If tuere iu any eontravoution of this Act,
any persoa committing, procuring, aiding, or
abettmg 8ueh eontraventiou Khali be guilty of a
iniBdenieanour within the meaning of "The
Merchant Shipping Act, 1854," and the shiji
and lier ecjuipmeut, and everything on board
thereof, ahall be foi-feited to Uer Majesty ew if
all offence had been cuminitted under section lOii of
the aaid Act, and the provisions of nections lUJ
and 104 "w^ Part X of the said Act, and of
section 34 of " The Merchant Shipping Act,
1876" fwhich are set out in tho Schedulo to
this Act), shall apply as if they were herein
re-enacted, and in terms made applicable to an
offence and forfeiture under this Act, and any
commissioned officer on i'lill pay in the Naval
Service of Her Majesty tho Queen may seize tlio
ehip's certificate of i-egisti-y.
(1.) Any conmiissioned offieer on lull ])ay ia
the Naval S(!rvice of Her -Alajesty the (^)ueen
shall liuv power during the period and iu tho
seas Hpeciliod by the Order to stop an<l examine
any British ship, and to detain her, or any portion
of her equipment, or any oi' her erew. if in his
judgment the .ship is being, or is prepariuij to be,
used or enipleyed in eontraventien of tljis
section.
(5.) For carrying into effect an armngomeni
with any foreign State, an Order in ('ouueil
under this Act may jirovide that such ciilicers
of that State as are specitii d in tiii' Older may
exercise the like powers luuhr this Act as may
be cxeri'ised by such a eomiiiisMioned oflieer as
aforesaid in relation to it Britisli shi[), and tlu'
equipment and erew and certificate thereof, and
that such British offici'r.s as are specifit'd in the
Order may exercise, witli the necessary modifi-
cations, the powers conferred by this Act in
relation to a ship of tho said foreign State, and
the equipment and crew and papers thereof.
((J.) Jf during the fterind and within the seas
upecijied bv the Order a Hrilish ship i» found
having on board thereof Jishinij or shooting imple-
<nents or sealskins or bodies of sads, It shall lie
on the owner or master of such ship to prove that
the ship was not used or employed in contraven-
tion of this Act.
Be it therefor** enacted by th» Queen's Most
Excellent Majesty, by and with the advion ux)
consent of the Lontit Spiritnal and TcmpAiii^
and ConimouH, in this present Parliaroeot
aMembled, and by the authority of tho same, m
follows : —
1 . — (1.) Her Slajesty tho Queen may, by Order
iu Coiuicil, prohibit, duriug the period ttpecified
by the Order, the catchiitg of seals by Britiih
ships ill such parts uf the seas to which thii Act
applies as are specified by tho Order.
(2.) While au Ordoriu Council under this Act
is iu force —
(a.) A person belonging to a British iihip ghall
not kill, take, or hunt, or attempt to kill or take,
any seal duriug the period aud within tho tuna
specified by the Order; aud
(b.) A British ship shall nut, nor shuU auy of
the equipment or erew thereof, be used or
employed in suoh killing, tukiug, hunting, or
attempt.
(.3.) If there is any eontraventiou of this Act.
auy person cuumiittiug, procuriug, aiding, ur
abettmg such uontraveutiou shall be guilty of
a misdcnieanom- within the meauine of -Tho
Merchant Shipping Act, 1854," and the ghip
and her equipment, aud everythui^ on buuid
thereof, shall be iorfeited to Uer Majesty.
(4.) In order that the tbore ptOTiaiont ■• to forfeilum nuy
be cktriad into efeet, it ihkll be hwAil for en; oomuisiioned
otKctr OQ full pay ia the Military or Naval Survlce of Her
Uajtsty, or any officer of Coitoma in Her MaUity's iloniiniont,
or any Britith Conenlar officer, to aeiie and detain any ship
which is being employed in conl. rention of this Act, and to
brini; her for adjudication before the High Court of Adiniraltj in
Englund or Iraland, or a'ly Court batinjr Admiralty jurisdirtion in
Her .Majesty's dominions, and aoeh Coart may thereupon nuke
such order in the caae ai it may tkink flt, and nay award Id the
olficer bringing in tbe same for adjudioation inch portion of Uu
proceeda uf tho aale of any fotfeittid abip or abaru aa it may tbinli
right.
(S.) No sncb otfietr at aforeaaid aball b* raponaible, either
civilly or cnmlnally, to any penon whomaoevcr in mpect uf
the seizure or detention of any ahip that has been >uiie<l ur
detained by him in pursuance uf the proviaions herein containeil,
DOtwitbstaiitling that auch ahip is not brought in for adjudicatioa,
or, if 80 brouglit in, ia declared not to be liable i'. 'orfeituro, if it
Is shown to the aatlalltctton of the Judge or Coirt belbre whom
any trial relating to such ship or such aeizuro or i'9.'ention is ht^ld
tliat there were reasonable grounda for such seizure or detention ;
but if no such grounda are shown, such Judge or Court ma;
award payment of costs and damagea to any party nggrievnl, and
make auch other order in the premises as it thinks just.
(6.) Part X of " The Slorohant Shipniug Act,
18.54," and of section 34 of "Tho MercLant
Shipping Act, 187(5 " (which are set out iu the
Schedule to this Act) shall apply as if they were
herein re-enacted and in terms made applicable'
to an oilenee and forfeituiv under this Act, anil
any coiiunisaioncd officer on full pay in tlio
Naval Service of Her Majesty the Queen may
seize the ship's certificate of registry.
(7.) Any commissioned officer on full pay m
the Naval Service of Her Majesty tho Quecu
shall have power, during the period and in the
seas specified by the Order, to stop and
examine any British ship, and to detain her, or
any pm-tion of her equipment, or auy of her
crew, if the ship is being used t)r employed in
contravention 01 this section.
(8.) For carrying into effect an an-angeuioiit
wth any foreign State, an Order in C'euucil
under this Act may provide that such officers
of that State na are specified in the Order mry
exercise the like powers under this Act as ruay
be exercised by such a commisBioned officer as
aforesaid in relation to it British ship, and the
■f
il
n f JUBfcn'n Mont
the advicii aud
and 'IVmpftnl,
nt Parliament
of the tame, iin
u may, by Order
ptnioil Bpetifiod
Hvalu by BritUh
J which tLii Act
)rder.
il wuder thin Act
Dritikilk ithip aboil
it to kill "1' take,
1 within tbo iieaa
uor hUuII !iuy of
eof, bu usiil iiv
any, hunting, oi
atiuu lit' this Act,
uviuK' aitliiiR. <"
nhttU bo guilty of
neauinK of •■Tho
i," aud tlu' ehip
rythiiig on buavd
ler Majesty.
ml ■• to forfeiture) may
itl for u>; ooninisiioneil
r Naval ijurvicc of Her
ler Majeitj's ilominioni,
{je ana detain any ship
tion of this Act, and lo
gh Court of Admiraltj in
- Admiralty jurisilirlion in
lort may thereupon make
fit, and nay award lo the
lalion wh portion of ll»
I or Bbaro ai it n») tbuli
lall b* fwponilble, eitlier
rhoiu»oe»er in r«ipect of
tlmt has been >uiie<l or
jTisions herein containeil,
ought in for adjudication,
,e liable i-. 'orfeituro, if it
re or Cotrt befcre whom
!izur«or .'".entiimijhclil
luch aeiiure or detention;
ich Jud«e or Court miy
any party nggripvfil, anJ
8 it thinks just.
laiit Shipping Act,
If "Tho Merchant
are set out lu tlie
iply u8 if thoy WLit!
IS made iipplit'iible
indor this Act, and
n full ri>y in *'"^
ty the Queen may
registry.
leer on full pay in
ilajcHty the Queen
period and in the
\\v\\ to stop und
Id to ilotaiii her, or
knt, or any of her
fed or employed in
let an an-angoineut
Order in Council
that Buch officers
Jin the Order mty
ter this Act as ruay
tiisBioned officer as
l-itiBh ship, nnd the
2._(1.) WiioiH an oiKcer litt» power midoi
this Art to Hv'v/.t' a nhipV eortificate of refjfiHtrv,
he lunv cithor rctniii tlio oertifieati" and ;;ivi' a
provim'onal rrrtiHcato in lien thereof, or n.'turn
till' eertitieale with an indopHi niont of tin-
irnmndw on whieh it was Keized, and in cither
case may direet tlie sliip, by an addition to tho
proviwioiial eertiticatc or to the iridoiKenient.
t(i proceed forthwith to a Hpecilieil port, being
a port whore there it* a RritiKli Court liiiviiif;'
authority to adjudieatt^ in tiie matter, and
if this direction in not r'omnlied with, the nirinr
aorf master of the ship Hhnli, without ))reindiei'
to any other liability, facli l)e liable in .i tine
lint exceeding 100/.
(2.) Whore in pursuanee of this section a
laoviHional certifieate is given to a ship, or tho
ships certificate is indorsed, any liiitisli olfieer
iif CiistiMUs or Hriti.'^h Consular oflieei' may
detain tlio siiip until .satisfactory seetirity is
jjivcu for her appcaranee in any legal pio-
cccdiiigs which may be taken against her in
pnisiiaiice ot thiH .\ct.
;;.._( I,) A statement in writing. |iUi|ioiting
til he signed by an oiKcer having power in
imrsuiinec of this .Act to stop and exanune a
Kliip. as to the cireumstanocs under whieh or
"TiMinils on whieh he stopjicd iind examined
the ship, shall be admisisililo in any proceedings,
livil or criminal, as (evidence ot' the tacts nr
iiiuttw's therein Htated.
(2.) If evidence contained in any such state-
ment wan taken on oath in the prt'sence i.f the
jicrsoii charged ill the evidence, and that person
had an opportunity of cross-examining tlii'
|ii rsoii giving the evidence and of making his
ii'ply to tho evidence, the otliccr mahing tlu'
Klatenaail may certify that the evidence was «o
tiikcn, and that there was such opporlimity as
aforesaid
4. — (1.) Her Majesty tiic <,>ucen in Council
may make, revoke, and alter Orders for the
imrpo. " of this Act, and every mucIi Order shall
III' ill. ..iwitli laid bef(U'e hoth Houses of
Parliament, and publishe(l in the '• London
C.awtte."
(2.) Any such Order may contain any limita-
tiiins, (;onditi(ms. (|vudificationH, and exceptions
which aj)peur to Her Majesty in Council ex-
liijilieiit for carrying into etl'ect tlu' ohject of
this Act,
5.— (I.) 'J'hiM Act shall apply to the animal
known iiH the fur-seal, ami to any marine
animal specified in that behalf by an Order in
tjonncil under this ,\et, and the expression
"ecal'' in this .\ct shall be construed ac-
I'ordiuglv.
(2.) 'I'his .\ct shall apply to the .seas within
i that part of the Pacific Ocean known as Behring
Sea. and within smdi other parts of the I'acitie
I Ocean as are north of the .I2ml parallel of
latitude.
(3.) The expression '•(•([iiipmcnt '" in this
l.\ct includes any boat, tackle, tishing or shooting
I instruments, and other things helonging to a
"liip,
(4.) This Act may be cited as *• The Seal
[Fishery (North PftciBc) Act, 18il3."
[866]
eijiiipmeut and cfuw and coHitiualc thtu'eof, and
that such ISritish officers as art? specified in the
Order may cxereisi', with the neeessury moilifi-
oations, the powers eoni'errtul hy tliis ,Aet in
Illation to a ship of the said foreign Stali;, alid
the cipiipioeiit and crew and papers thereof,
2.— (1.) Where an ofheer has power under
this Act to seize a ship's ceitilicatc of registry,
he may either retain the ecrtilicate mid k'*''
a provisional i-eitilicatc in lien thereof, ov return
the certiticate with an indorsement <d' the
grounds mi Avhiidi il was seized, and in cither
ease may direct the ship, by an addition to the
[)rovisieiial ceitilicatc or to the indorsement, to
proceed I'.irthwitli to a siieeilied ))orl. heing a
port wnere there is ,1 thitish Court having
authority to adjudicate in the matter, and if
this direction is not eoinplied with, the master
nftlic ship shall, without j)rejud'ce tu any other
lialiilitv. lie liiiblc to a tine not exceeding
liiu/,
(2.) Where in piiisunnce of this section a pro-
\i.--ional certificate is given to a sliii>. or tlia
ship's certillcali' is iiiihused. any Ihitish officer
of Customs or British Consular otliccr may
detiiin the ship until satisfactory security is
giscii for her a])peaiance in any legal pro-
ceedings which may lit^ taken ugainst her in
pnisnance of this Act.
:i. — ;1.) A statenu'iit in writing, pmporting
to he signed by an ofheer having power in
pur>uaiice of this .\et to stop and examine a
ship, as to the circumstiinces under whiidi or
gj-ounds on which he .stopped and examined
the ship, shall be admissible in any proceedings,
civil or criminal, .as evidence of tlic facts or
matters therein stated.
(2.) If evidence containi'd in any such state-
ment was taken on ( afh in the prescntic of the
person charged il' the evidence, and that person
laid an opp'.itunity of cross-exiniiining the
person er.ing the evidence and of making his
ie)il>- to the evidence, tli olHcer making the
statement may eertity that the evidence was so
tiikcn. and that there was such oppin-tunity as
aforesaid.
4. — (1.) Her .Majesty tin- t^uecii in Council
may make, revoke, and alter Orders for the
purpose of this A(;t. and every such Order shall
he forthwith laid helbre both Houses of
Parliament, and pubhshed in the •" London
Gazette."
(2.) .\iiy such Order may contain any limita-
tions, conditions, (jualitications, and exceptions
which ajipcar to Her Majesty in Council ex-
jiedient tVn' carrying into ctfect the object of
this Act.
."). — (1.) This Act shall apply to the animal
known as tho fur-seal, and to any marine
animal sjiccitied in that behalf by an Order in
Comicil under this Act. and the expression
"seal" in this .Vet shall be I'onstrued ac-
cordingly.
(2.) This .\ct shall ajiply to the sesis within
that part id' the, P.-icitic Ocean known as Behring
Sea, and within such other parts of the Pacific
Ocean as are north of the 12nd parallel of
latitude.
(;h) The expressicai •' e(piii)iuent " in this
.Vet includes any hoat, tackle, fishing or shooting
instniments, and other things belonging to a
ship.
(4.) T'his Act may be cited as "The Seal
Fishery (North Pacilic) Act."
S 2
(fl.) "Tlic Meiil FiHiioiy (Heliriiit; 8<iii) Act. (5.) "The S<'ul FiHhery (HehriiiK S,a) Ad,
1891," Ih licrcby repoiili'd, l»ut iiiiy Order in 1«91," Ih huruhy repealod, but iiuy OnKr iii
Council iu force under tlint Act hIiiiII continue Council in force under that Act hIuiII (diitiim.
HB if it had l»oeu made in purMuance nf this uh if it hud boon niado in purmiaiico „{ tliit
Aot Act.
[NoTi.— bcbedulo not iirintol.
TNon. — Seholula tmonded U> tgnt with iub-iectinm 4 |,,j •
ufiection lofthUBiU.]
II
(BehriiiK S.a) Act,
, but iiuy Onlir in
it Aut hIiiiU ((iiitiim,
II imrHUiiiii'i! (jf thif
» with lub-iectiniii 4 mj j
> i ' .!■:
■ %
.■■i?«
If
mu
-^
gi 8 S
I
S. >!
&3
£. »*
IS-
.» i
t>
'S 'V
,«rv^i;*
[C
UNITED STATES. No. 1 (1806).
!
CORRESPONDENCE
BKSFECTINO
CLAIMS FOR COMPENSATION ON ACCOUNT OF
BRITISH VESSELS SEIZED IN BEHRING SEA
BT
UNITED STATES' OEUISERS.
Presented to both Houses of Parliament by Command of Her Majesty.
September 1895.
1
LONDON:
PRINTED FOR HEK MAJESTY'S STATIONERY OFFICE
BY HARRISON AND SONS, ST. MARTIN'S lANE,
PBINTBRS IN OBDINABT TO BIK IIAJBSTT.
ETRK
And to be purchaged, either directly or through any Bookuller, from
AMD SPOTTISWOCDE, East Habdiho arsBBT, Fliit Strbbt, B.C., ani
32. Abinodon Strbbt, Wbituinbtib, S.W, ; ob
JOHN MENZIBS tc Co., 12, Hanovbr Stbbit, Edinbubgii, and
^% WiiT NiLB Stbbbt, Glassow; ob
HODGES, FI6G1. and Co., Limitbd, 104, Gbavton SncBT, Dvbiim.
[C.—7836.] Pnce 6d.
•. I
- • 1
: -,; :i
.1 •(, -
?i^-]
.(GU^I) I mZ .HMT/v'iV <I'-rU/^U
TABLE OF CONTENTS.
No.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Name.
Colonial Oflice
To Sir J. Paunccfote.
Sir J. Pauiicefotp
To Colonial Office . .
Colonial Office
Sir J. Pauncefote
To Colonial Office ,
Colonial Office
'i'o Sir J. Pauncefote.
Sir .1. Pauncefote
/■ '/
To Sir J. Pauncefote.
Sir J. Pauncefote
Colonial Office .
To Sir .1. Pauncefote .
Colonial Office
To Sir J. Pauncefote.
Sir J. Paunccfote
Telegraphic
I'clegrapliic
(l
Telegraphic
Tnlegrapliic
Telegrapliic
relegraphic
Telegraphic
Telegraphic
Telegraphic
Felegraphie
Telegraphic
Telegraphic
Date.
May 8, IS9-I
10,
10,
10,
11,
16,
31,
June 1,
5,
12,
8,
July 13,
18,
19,
Aug. 3.
C,
9,
10,
10,
V-. --•■■.■.>.■ -.S.M
• ,,l,t ..(..-I,
[238]
Subject
V
Transmits despatch from Canail.! as to proof to
be reqiiireil. Keniarks &• to costs. Sir .1.
1 auncefotc should press United Slates' (io-
vernmenttn hegin ne<.'(>ti<itions,and tt'legrapli
for a Canadian Uele^iMtu as soon as dale h
fixed ..
To urge United States' (iovermnent to brpin
neijotiations, and teiijiniph for Cana.iiaii
Delegate when ready . .
Answers above .Mr. Oresliiim ready to tnke
up question of claim*. S igijests appoiiuin^j
Commissioner on eiich side to verify claims
at Victoria, and consulting Canada and I
settline: basis of Convention before trndint; '
for Delegate , .
Answers No. 1. Informs of No. 2. Suggests
coinmiitticatlon to Sir J. Pauncefote nf
Nt). 1
Transmits No. 3, asking for Lord Ripnti's
views
Answers Nos. 4 and 5. Transmits telegram
to Canada. Refers to N(,3. They slionld
cotnmtinicate Iticlositie iti No. 1 to Sir .1.
Patiiicefote It tiiiijlit be well for Caniidiar.
Delegate to proceed at once to Wasliiniitoii
Canada and Utiiled Slates' (lovernment ap-
provi suggestion ii'ade in No. 3. May lie
now send in claims and propose Conven-
tion ? . .
Transmits above, proposing to concur
Answers above, and loncttrs
Answers No. 7. To send in claims and pro-
pose Convention
Answers No. 10. Claini< sent in and Con.
vention proposed. Is prepariog scheme of
latter. Expects reply of Uuited Stati's'
Goiernmcnt in ten days
Refers to No. 10. Iransniiis copy of note
to .Mr. Gresham preseniiii<< claims
Secretary of Smie suggests >ettling claims bv
p.iytnent of lump sum. If this is agreed to,
Canadian (ioverniiie:it should send expei:
to Washington to disenss ammint. .
Answers above. To niiorm Canaila by tele-
graph. Her .Majesty's Govei'iinient will
ask their views
Answers above. Canada accepts lump sum
proposed, and their DelCjjate is ready to
start ,. ,.
Lump sum proposal. United States' Gnvern-
mcnt would pay 400,0(10 dollars. Would
Canada accept and ller Majesty's Govern-
ment approve B'leiptance of 450,000 dol-
lars?
Lump sum proposal. Transmits telegram to
Canada asking if they wuuld accept 4„O,00U
dollars
Informs of above
Lump sum proposal. Transmits telegram from
Canada accepting 4.50,000 dollnrs
Lump sum. Authorizes actepianc? of 4SO,00(i
dollars
Lump sum. President wid onlv oSkt 4C0G0>i
dollars, and hopes if it is nni accepted Cuii-
veutiuD will be tiiriied <>t once ,.
:4'
t^n
[.■li,ii\
11
14
II
15
15
|5
15
16
IG
lent to brpiii
or Cnna.ilan
ready to tiike
ts a|i|)oint|iiir
verify claims
Canada and
elore srndin"
ida by tele-
.Minibiit uill
TABLB OF CONTENTS.
Ul
No.
22
2J
24
a
26
Name.
28
29
30
31
32
33
34
3J
3G
37
38
39
40
To Sir J. Pauncefote
Sir J. I'aunCefote
Colonial Office
Sir J. Pauncefote
Telegrapbic
Telegraphic
To Mr. Gosclien
Sir J. Paiiiicefote
To Sir J. Pauncefo'.e. .
Colonial Office
To Sir J. Pauncefote..
Sir J. Pjuncefote
To Sir J. Pauncefote
Sir J. Pauncefote .
Telegrapbic
Telegraphic
Telegraphic
Telegraphic
Colonial Oftice
To Sir J. Paiircofotc,
Sir J. I'uuiiciriile
Date.
Auo:. IC, 1894
16,
18,
25,
21,
rdcgraphic
Sept. 8,
Dec. 21,
.Ian. 21, 1&S5
Feb. 26,
27,
28,
Mar. 1,
2,
6,
Feb. 26,
.Mar. 8,
9,
Feb. 28,
Mar. 4,
5,
15,
19,
SlTBJECT.
Canadinn Government asked to send a Minister
nt unce to U'nsbin^rton to assist in arranging
for Convention or lump suip
Lump sum. Mr. Gicsham oJTcrs 425,000
dollrrs (to cover " Winiiilrcd " claim). If
Can.'ida agrees, mar he make settlement ? .
RoftTs to No. C. Tclcgrom from Canada.
Minister of Marino to go to Washington
Lump sum. Canada agrees to accept 425,000
dollars .. ., .. ..
Luiiip sum. Dis'.ussion with Sir C. Tupper
and Mr. Gresbam. Appropriation could be
voted in Uecembcr. Her Majesty's Go-
vernnieni to have ri^ht of resuming rcgo-
tiatioiis for Convention at any time before i
npiiropriation is actually made. Transmits j
nolo- exibangcd recording urrangenicnt
;».'swers aboie. Satisfaction of IKt .Majesty's
G ncrnnient at (.cttiemcnt and with Sir J.
I'.iniioefolo's conduct of negotiations
Lump sum. Transmits Ucsulnlion moved in
House of Uepresentatives respecting publi-
cation of all cnrrespondence. Cjrrcsnon-
dcnce sent to llou'e
Lump sum correspondence laid before House
of ltepresentat:ves , , . . . .
Lumn sum. Appropriation rejected by House
of Ucpi-i'Si ntaiivcs
Lump sum. .Answers above. Is rejection
definitive?
Utji'cliiiii of lump sum. Refers to No. 30
UiseiKsion of Convention should be lesumed
williout delay, and someone sent from Canada ■
to a->i>t in negolialion .. .. • .'
Rejection of lump >nm. Answers No. .30. i
Til a«k for immediate resumption of uego- |
tiatioKS for Couvontiou. Colonial Office
snguest Canadian Government should send
Dt'le:;ole. To urge speedy settlement
Answeie above. .Secretary of Stale ready
10 refiiuie negotiations, t^onvention cannot
be siibmilled till December, unless special
Sessiim tic called. Regret of President and
.Mr tJresham at their failure to obtain
appropriation . .. ■ .
Rejection of lump sim. Interview with Mr.
IJivard. Unfortunate cllects
IJejectiou of lump ;-nin. Transmits extract
from •' ("ongiessional Record " and pr6cis
of debate . .
Lum|) sum. Sir .1. Pauncefote sliould send
co;.y of No. 34 tn Canada, and consult as to
date for sending Canadian Representative to
Washington . . . .
liilonus ot above . .
Rejection of lump sum. Comments on causes
which led to it
Senator .\|on;aii's Resolution proposing appoint-
iiieiil of Cotmnittee to examine into liaoility
of United States to pay claims, and into
liahdiiy of (ileal iiritain and Canada. Allu-
sion to proposal made in Hjiise of Commons
that cl.iims should be paid in advance.
Irmsiiiits repurl from ••Congressional Re-
cord " ...
Svnaioi- Morgan's Resolution. Transmits re-
port of debate
Senator .Morgan's Resolution. Transmits
an iimary of .Memorandum by Senator Mor-
e:<n on the liahiliiy of the United .Stale.*.
Criticises his ar)(umeuts, and ccir.ments on
rt^jeclion of lump sum
Senator M irgan's statement respecting liability
of United states Futtlier re.narks
Page
16
16
17
17
17
19
1
21
22
22
23
23
23
24
24
36
27
27
28
29
30
36
E:->'^ ::
...1, ,•;. i!
'''V'h'"
:l^
. Mm
■inTOc^jfl'
IT
TABLE 07 CONtENTS.
No.
Name.
Date.
Subject.
Page
44
Sir J. Pauncefote
reiegraphic
Apr. 17, 1895
Convention negotiationii. Canada decides to
45
■> t» • •
• •
10.
postpone until after prorogation . .
Convention negoiialions. Correspondence wiili
Canadian Government. Their decisis i to
3;
46
To Sir J. Pauncefote. .
•^
Aug. 3],
postpone . • . .
Transmits Mcmornudum criticising Senator
Morgan's statement, and setting rut points
in support of claims. Approves and concurs
in arguments brought forward in Xos. ^0
to 43
37
38
"^ SI
w
It
Correspondence respecting Claims for Compensation on account
of British vesssL seized in Behring Sea by iJnited States'
Cruisers.
No. 1.
Colonial Office to Foreign Office. — {Ecceived May 9.)
Sir,
Downing Street, May S, 1891.
I AIM directed hy the Marquis of Ripon to transmit to you, to lio laid hci'oro
the Earl of Kiraberley, copy of a despatcli and inclosure from "tlic Governor-General
of Canada, respecting; the claims of British siibjeci-! in respect of the illegal seizure
of their sealins-vcssels in Behring Sea by tlie autliorities of the United States.
Now that the legislation for tlie enforcement of the; llegulations preseril)ed by the
Arbitrators has been completed. Lord llipou hopes that the arrangements for settling
these long-outstanding claims -will bo pressed forward as quickly as pussd)lo.
The question raised by the Dominion Government as to the proof which will 1)e
required is olo which lord llipon is disposed to tliink must be setth'd by the
Commission which it is proposed shall adjudicate on the claims, and his Lordship
would suggest that in negotiating the Convention for the appointment of such a
Commission, the liritish Ambussador should obtain a recognition of the piinciplo
that compensation when awarded should cover the expense of establishing the right
to compensation, though it might be left to the Commission to say whether, in any
particular case, the claimant should be allowed the costs incurred in proving his claim.
In the meantime, I am to suggest that Sir .7. Fauncelbto should be instructed by
telegraph to press the United States' Government to begin the negotiation of the
Convention for the appointnicnt of a Commission to adjudicate on the claims, and that
he should be desired, as soon as a date has been fixed for commencing the discussion,
to telegraph for a Canadian Delegate to assist him in case Dr. Dawson is not empowered
to discuss the question.
I am, &c.
(Signed) JOHN DRAMSTON.
fnclosurc 1 in No, 1.
The Earl of Aberdeen to the Marquess of Ripon,
My Lord, Government House, Ottawa, March 15, 1891-.
WITH reference to previous corrcsjiondcnce on the subject of the presentation to
the United States' Government of the claims for damages preferred by the owners of
scaling-vesscls seized in ]?ehring Sea, I have the honour to forward herewith a copy of
an approved Minute of the Privy Council, embodying a Report by the Minister of
Marine and Pishcric^s, in which, referring to the action of the United States' Govern-
ment in disputing the ownership of these vessels before the Rehring Sea Tribunal, he
discusses the question of the measures to be taken to establish such ownership to the
satisfaction of that Government.
Your Lordshij) will observe that my !>[inisters would bo glad to learn the opinion
of Her Majesty's Government with regard to the methods to be adopted with this
end ; and, further, to know whether they would insist on the submission of such
evidence of ownership and national character as would be necessary to meet the
[238] B
m
,1
i
W.
A^
'4
:,ik
2
roquiicm«in*r; of flio Merchant Slii[)[)in^ Act ami tho morcantilo law of Great llritaiu
in tlicHO pnrti(>ularH.
I have, (fee.
(Hignod) AMKRDIOHN.
liu'IoHurc 2 in No. 1 .
lirpoit of (I (vmmitirr nf tlic I lonouralilp the /'ciri/ VounvU, <ipprnvv<l In/ his E.vrrllrnni (/„
(iorpi'nor-Gcnftal in Vounril ou the !)//( ^fllr(•h, \H\)4.
ON a n(<|)orl. (ialcil tlio (\\\\ Minrli. IH'.M.. IVoiii tli(< Minister of Mniinr ;n„|
Kisliorics, stafiiii:' wilh nM'cri'iicii lo Mic iipprovcd \riiiii(o (iT Coiiiicil ol" I lie iMiH,
l'\d)ni!irv. IS'.M. (oiicliiiii^ lli(> Dwncrsliip dI' sitmc oI' (lie vcs»«c1s wliii-li siillVri'il Id,^ .
hy riMSDii ol' sci/iircs mid oilier innlestaHuM, l)_v tlie United SInles' (ifiv( imimh ni in
Reliriiii; Sc.'i. Mi;i( lie lins IkkI under I'lirliuM' eiinsid(>i'!ili(ni llie iiosilion laken li\ lln
United Stales' (Jovernnient as delined in tlie ( '(iiintei'-( 'asc oj' the liniled Niates liilniv
tlie 'rriininal ol' Arldtration. in dispntinu' llie ownersliip ol' 'lie ^essids in <piesliiiH.
Tlie Minister snhniils lliat tliis (piestion cannot lie s"!i.,j''.elorily dealt witli ;ii \\\,
present slan'e ol' llies(> eiainis.
'rii(> pajiiM's ri'lalinu: to it w liieli liave eimie to llie (lossession ol' vonr I'lxeellenev'i,
(Joveriiirenl liavel)(>en snlnnitlivl I'oi- Hie inronnatioii ol' Her Maje^lv'.s (iovermneni,
|{(>sp(>etiii!;' Ili(> nielliod to estahlisli the ownership, it appcvirs tlint the aiilJK.
rities of the United Slal(>s rovnially refused to reeoi^nize the proof of ()\viieisln|i ;k
fiirnislied. but tliey have ijiven no further intiinalion of what evidence is rc(|iilii,i
If. however. fuHluM proof is to h(> a matter of iieu;otiatiou hctwecMi the luu
(iovcrnnicnts. instead of eonsidcrint;' what further proof can he adduced, it ap|ii'ii\
that it should he ascertained from the United States' Cjovernment what fudlier |iiiini
it (h'sires.
The Minisler siigijcsls Iliat it should he aseeilained wIicIIkm' the United SImIin
desires an oral examination of witnesses, or an impiiry into the slate of the liens im
these vesv;ls. or wIicHkm' written de|)ositions on these points would he satisfactory.
'I'lie Minister .also sni;i!,'es|s that the views of IIim' M.-ijesly's (ioverniuent slioiih
souirlit as to .an impiirv
that
villi
I I
lemi!' n
lade. Also, wliellier it will I
te iiisMi
by l!<'r Majivsty's (iovernment that the owncrsliiii and national ch.'iraeter of tlicv
vessels shall he decided ;iceordinii; to the facts which i^'ivo that character imder tin
Merchant Sliippine' Act and mercantile law of (Jreat Urit.ain. in so far as it lie;n\
on proof of ownership ;inil iiiitional cliaratiter.
Tl
lese
iiii^ijestions it is expected may lead to the ascert.ainment of the v
lews (i|
the United States' (iovermnent on the further point whether some 'rrihimal orCimi-
mission is to h(> cstahlisli(>d lor heariny; these claims, and whethor the proeedmc
I t>fore the Trihiiiial is to he rcijulatcd hy the Convention which is to estahlisli il. II
the Trihenal is U> he <<stahlishcd l)y Convention without jiny order of procedure lieinij
siMtlcd. it will doiihth'ss he for the Trihunal itself to deline the nature of the e\ idemv
lo he admitted, and further proof re(piired ; also, as to whether such as has alivMdy
hcci' ;idduced is c(msi(U>rcd satisfiictory evideneo of nationality and ownership.
'I'li(> l\)inmilte(>, on Hie recoinmendation of tin; Minisler of Marino and l''islierii"..
advise that youi: Kxe(>Ileiicy he mov(>d to forward a eertilied copy of this iMiniile, it
approved, fo the Uii^ht llononnihle the I'rincipal Secretary of Stato for tlio Colonic^^.
for the consider.'ition of Her Majesty's tiovernnient.
All of which is respoctfuUy submitted for your Exccdlencv's api)roval.
(Signed) .lOJlN '.I. McGEE,
Clerk of the Privy Council.
No. 2.
The Earl of Kimherley to Sir J. Pauncefote.
{Tclosraphic.) Foreign Office, May 10, 18$) {..
YOU should urge the United States' Government to commence negotiations on
the subject of tho claims of British sealers seized by the United States' cruizers in
Beliring Sea, as soon as you have carried out the instructions contained in my telegram
ItsBv
wpi^p
(jircat Hiitaii
of tlic 8Ui inHtnni, iintlioriziiiir you to xcliuii^o iiol(-s willi Air. (irnHlmm n'MiMjotirig
tlii< Scalinif llc^iilulioiiH.
Wliori you iin^ ns-idy for ri Odnmliiui iJoIc^rai-', you •ran tclns^'mpli to Mk; (!iiriii(liuu
(Idvcrnniont to Ncnd one.
is E.rrrllriivii il.f
No. ;}.
.Sir ./. I'mnirrlnlr In llio En, I of Kimhrrlfii. — {Hf.n-ivcil Mai/ 10.)
;Tcli"/niI)lii<'.) lyimlilni/I'm, Min/ I", IH!)|..
KKIIIMNU HKA. Willi irlVn-iu'i! to your Lonlsliip's U']i"j;yt)U) i>\' fo-day. T
(irriiMi^cd y«'Hl«'r(lny with Mr, Cin-sliiun Tor tlio rxrliniimn ol' iio)i>h, luid dim-UHm'd with
him at IIk' HaiMo liiuc the ((ncslion of Ihi' M'HIiMiu'ril ol' thr- Mritish clairiis, which hi; is
quill' rcfidy to take up.
I vciitun' to sutfL,'!"^! thdt, thi- uiosi iiii',v|i<Mmivc and rvpi'ditioiis procis^ iiiii;ht, he
(i, iippi'ini H CoiiimisHioMi-r nu cMidi side In verily tlio clainiH al Victoria, I'.rilish
Coliiiiihia, iiud inaki! -i joint I'rport, sn I'nr as they could aj^ree, asHCHHiii!^' tin; flaiiia^:eH
nil each «daiui, and, whci" tlicy I'Miled to !ii;ree, sliitini,' the i^'roiiiids ol' their disjitcree-
iiMMil, 'i'he two (iovernnieiiis could then cKlicr icl'er the points in dilTcreiiee to an
(iiniiiie. or detcrinine tlieni themselves.
ir the nliovc^ HUu;!<;estion meets with your l/iirdshi|)'s iipproval, woulil it not he widl
licl'in'e seiidiiic; \,n- the ( 'anadian Delegate to consult the Canadian 'iovernrnent, and
<i.|||e the IkihIh of the ( ^invention i*
No. 4.
Ffiifl/jii Of/ice hi (j)loiiifil ()//irf.
Sir, Forrl'jn O/fin; M,n/ 10, 1^!)!..
Till', riarl of Kiniliei ley liJis had under his consider.ition your letter oF tho Hth
iii-t,'int, iiKdosiiur a despiiteli I'rom tin' (io'.c'rnor-Oeneral of (Ifinada res|)ectint^ the
I'hiinis (if British siilijects in respr'ct, of the il|e:^al seizure <d' tluiir sr-nlinL^-vessels in
j'clniiiL;' Sea hy the authorities of the IJniteil Stittes.
I am directed liy li's Lordship to sImIc, iu reply, lor the inl'orniation of the
ManpiesHof IMpon, tli.at a telei^ram Ikih thisday heeri scut tf) Jler Mji jesty's Amhassador
;il \\'rishint;:tou, instriictini^ him to press the (Juiterl States' tiovernment to hcL'in
ii"i;iiliMtions respeelini,; these chiinis as soon as the notes rei.'itiiiL^ to the Naval
llr'^rnl;itiouH anil arrani^enients under /^ rtii^les t ;uid 7 of t lie Award shall have been
>'Xcliani,o'd.
His Kxndlency has at the same time heen authorized to ti.dc^'raj))! to Canada for
ri |)"|en'ate when his ser\ ices are refpiired.
l,oi(l KitnhiM'ley would siiL;;,'est tli.at the C'inadian Coverni.ient should he a^ked
I I conuminicaie to Sir. I. I'iiiineefote the suhsl'ince of the: inelo^llres to yr)ur letter iirjw
Uii'lei' reply.
I am, ito.
(Si^'nod) M. rERGY ANDERSON'.
Nf). ■").
Forfif/H O/firr to (Colonial Office.
Sir. l''<iroi(in Officf, \f(n/ 11, ^H'.n.
WITH reference to my letter of yesterday'.s date relatini: to claims arising,' (uit of
till' «-eizures (d" British sealers iu Meii'rini,' Sea hy the United States' authoiaties, i
am directed hy tho Karl of K'imherley to transmit to you, to ho laid hefore the
Mai(|uess of liipon, the accijmp.anyin^ tele^'?-am from Her Majesty'.s Auiliassador
■It \V:tshiiit,'ton,* statiu^' tliat he has airanired with the Secretary of State for the
fxclian<,'0 of notes respectint,' the Naval Re^'ulations and the Articles 4 atul 7 of thrj
Award.'^and that the United States' Governnv.'nt an; 4uit(3 ready to take uj) tho
question of Hritlsh claims.
[2:}H]
B 2
''■ •■ f)
i^\'
'.:)
d
}^
11
'Wi **
1/
A
Sir Julian Pauncofoto sni»f»ost8 a modo of proocduro with repjard to tlicso claims
wliicli III) considcTH would bo tlio most oxpoditious and ir'cxponaivo way of dcalin.-
xvitli tlicrn, and I am to state that liord Kiinl)orh'y would ho f;Iad to loarn Lor^
llipon's viows as to his Excellency's proposition with as littlo delay as possihle.
I am, &c.
(Sij,'ned) H. I'EUCV ANDERSON.
No. 6.
Colonial OJ/lv to Forciijn OJfice.—{li<'r('irc(l May \('\)
Sir, Ihnrniiiij Sirecf, May 1(), 18UI.
I A\r directed hy the jSfarqness of llipon to aekiiowlednc tlu! receipt of vom-
letters of the Kith and lllh instant res|:ectiMi;' tiie claims f)f l?ritisli suhjccls jn
respect of tiie illei,'al s(Mzure of their seal int,'- vessels ii\ I'ehriiii,' Sea hy the autliDrilics
of tlie IJiiited Stales.
liOvd ivipou d'.'.sircs me to inclose, for tiie information of the I'^arl of Kimherlcv,
a copy (,f a telegram which he has addressed to tlie (loveriior-tieneral of Canada on
th{< subject of Sir .lulian I'aunccfote's tele^'rani of the lOth instant;* and lie
de.-ires nie to say that he thinks it will i)e as well to have tin- vi(nvs of tlie (Joyci'i!.
ment of Canada before scttliniif the basis of the |)roi)osed Convention, and that, astlwi
may ^ive rise (o discussion, he thinks it niii^ht expiMlite matters if a Canadian
Deh'gate, lully instructed as to tho views of the Donu'nion (ioverinnent, Mcru lu
proceed to Wasliinf^ton at once, but before expressini;' a final opinion J^ord iviimn
proposes to await the reply from the (jovornor-tjeneral to the tele^|•am inclosed.
1 am, \'('.
(Signed) JOHN l^AMSTOX.
Inclosuro in No. (J.
The Marquess of Hi pan to tin- Earl of Aberdeen .
(Telegraphic.) Downintj Street, May 11, 18i)l.
ilEl'M-jlMMNCr to your despatch of loth INlaveh, compensation claims, sec
Sir J. I'auncefote's telegram of the lOth May. Conimuuicate to liini substance of
your despatch, and telegraph views of your Ministers as to proposals contained
in teleijram from him.
No. 7.
Sir J. Pauncefote to the Earl of Kimberley. — (Received June 1.)
(^Telegraphic.) ' Washington, May SI, l^\)l
1 HAVE the honour to report that tin; Canadian Government have approved the
arrangement suggested in my telegmm of the 10th instant, and that the United
Stales' (Jovernment have entertained it favourably.
1 should be glad to know whether I may now send in ofTicially to the United
States' (jovernment the Behring Sea claims, inclu('ing the additions made to Uioiii,
and propose a Convention on the basis of the arrangement above rofeiTcd to, for tlieir
veritiealion and adjustment.
• No. 3.
AN1)E]IS(XN.
No. 8.
Foreiijn Officv to doloninl Office.
Sir, I'hirifjn Office, June 1, \K)\..
WITIE rt'fcrciico to my \oXin' of (Ik- lltli nHimo ichitivc! fo'tlm Mritisli IJchrini,'
Sell claims, I ntii dircclcd hy i\w Marl ol' .'vimltcrlcy to transuiii l(. yoii, to ho laicl
l„.|'i)ro llio M!ir(|iicss ol" iiipoii, <ii(> accoiiipiinyini^' tclci,'ram I'n.iii 'llcr Majosty's
AitiOasHiidor at Wasliini^loii,* staliiif; (,lia(, tlin aiTaii^'ciiMMil, iiroposcd in Ills Kxcidk'ncy'.s
((.li'^'rniii of Mic lOtli uitiiuo is ap|ii(tv((l in the Caiiudiaii (lovmiinnnt, and
favoiirahiy entertained hy that ol" the liiKcd rstutcs.
Under tiiese cinMinistanees, Sir .liiliaii I'aiincctotc iiKjiiires wjicither we may
(idleiaily pn!.s(Mit tin; whole ol' thes(' claiiiis to tlie Unite! States' (iovernnient, and
|in)|)()S(r a (Jonvention for their verifK^ation and settleniont on the hasis ol' tin; arrani;!!-
iiii'iit already proposed hy his I'ixcelieney.
iiord Kiniherley proposes lo authorize Sir . I. raiiiieerole to adoj/l this (^(nirse should
hord llipon eoiUMir therein.
T am, Ac.
^>iun<(lj I'lt.WCiS !$i;i5TIi;.
No. !).
l^RA.MSTOX.
Volonial Office to Foreiijn Office. — ( lieeeired June .').)
Sir, lioiriiinij Utreel, June ■'», 18!) t.
1 AM directed hy the ^ranpiess of l!i[)f)n toaekno\vie(l;,'e tlio n.'ceipt of your letter
(if the 1st instant, transniittini,' a teleuraiu Iroin Her .Majesty's Anihassador at
W'ashintjton relative to tin; Mehrini,' Sea claims.
In reply, I am to state, for thi! information of tlu; I'^arl of Klmherhn, that his
liordship concurs in Lorrl Kimherley's i)roposal to authorizf; Sir. I I'auncel'ote to adopt
the course suggested in his tel(!^:ram.
I am, ito.
(Sitjned) JOllxX iJllAMSTON.
No. 10.
Ti\c Earl of Kimbcrley to Sir J. Pfiiincefotc.
(Telegraphic.) Foreiijn Office, June .">, 18i)l.
VUil may .scmkI in ofTu-ially to the United States' (iovernnient the ih'itisii claims
iirisini^ out of the seizure of sealiiii^-vessels in tll(^ JJehriiiji^ Sea, and you may propose
the ccmcdusion of a (,"onvention Hn' their verification and .settlennMit, as suL,'i,'ested in
your telegram of the 31st May.
No. 11.
Sir J. Pauncefole to the Enrl of Kinjherleij, — (Received June 1.3.)
(Telegraphic.) Waslnnijton, June 12, ISUi.
WITH reference to your Lordship's telegram ol' the .'ith instant respecting
IJehring Sea, I hav(! the honour to ri'port that 1 have forvv.-irded to your Lordship, in
my despatch of the Sth instant, a copy of my not(; to Mr. Grcsham transmitting
the Uehring Sea claims, and ])ro])osing a mode of settlement.
I liave also sent a copy of this note to Lord Al)erdeen.
As the President is indisposed, and ^Ir. Grcsham is ahoul to leave; Waslkington
for a short period, I do not e.xpect to receive an olDcial re|)ly for ten days or more.
But the Secretary of State tells me that the President appioves the proposal, and,
ill accordance with his request, I am prepai'ing .■» scheme of Convention for conside-
ration hel'ore requesting the assistance of a Canadian Delegate.
• No. 7.
•m^ii
v^^ .; i
6
No. 12.
.Sir J. Ihiiinrpf'otn to the Earl of Kiinberley, — {lli'irivnl June 18.)
My Lord, ' lldnltiiif/loii, Junr H, iS'.d.
ON th<< rci'i'ipt of VDiir Ijonlsliip's f(>loc;nun of Uic ."illi iii.s1ni\t. I iiddnsscil
a nolo to \lv. Clrcsham (I'opy of whicli I liavo tK. Iionour to iiuloMo) on tlio Hcliriii;'
So!i claims.
I sIimII not fiiil to f(»r\V!«r(l to yonr Lonlsliip a ropy of Mr. (Jnislinni's reply to in\
coininuninition as s(M»n as I rrocivc it.
1 li.'ivo, Su'.
(Si-nnI) .lULI.W I'.MJM'KFO'I i:.
Inclosnro 1 in No. 12.
Sir ./. l^tiuuvrfitlr to Mr, (irt'sln,
Sir, W'lislniiiiloii. Jiini' 7. is'.M.
.VD\'l'. PTI N(i to Uic \crlt!il comniniiications wliicli li;i\o piisscil bctwcfii i^
rospccllMii' llic Ix'sl moili' of vcrifyiMs^ .nnd .'Kljnstiim,' the Itrilisli claiMis for compcMsa.
tion i'oi' tlic .st'iznro of Mritisli scaliMu:-v''sscls in Ki'lirini;' Si'ii. I have now tlic lionuui'
to Iransiuir licrcwitli. l»y ilircction of Her .Majosly'.s IVincip.al SrcnMary of Stall- I'nr
Kovt'ii;!! Alfair.s, a cuniplctc list and snminaryof tlios(> claims, to^cllicr willi MrniorMiiila
of the additions ■•uul aniiMidmcnts mado smcc tlit'ir orii;iiiaI ])rcsfntalion. I am at the
.same time to make tiio I'ollowinn' sni^ijc'stion. witii a A^iow to adjn.stnKMit of tlioso claiiii'^.
Avitli tli(> li>asf possil)l(> oxp(Mis(» and delay.
'rii(> whole of tlu< elaims. exeeptinii; tliat of Mie " llenrietl.a " and that of llic
" Blaek Diamond" (1^S(!), were laid heforr the 'i'rihnnal of Arltitnition at I'mis.
together with the evidenee in snjiport of them. The facts on which the; rest wiiv
found hy thi> Arliitralors as provided hy .\rtifl(> V 1 1 1 of the 'I'lU'aty of .Xrhitratioii,
and tormed i)arl of the Aw.ard. in view of th(> decision of the I'l'iljnnal on tlic
questions of law snl)mitl<'d to tlieni, it only no\f remains to .assess the dania'^'cs. I ,iiii
aceordinii'ly anthorizi'd hy the i'larl of Kimherley to propose thai, for the pm'jiosc oi
such ass(>ssment. (>aeh (■o\ernnn'nt should .'ippoiiil a diily (|nalilicd > 'onimissioner, wlin
.should be ;i lawyer, ami, if possible, possess souie know l(>d'4;e of tlie eondilioiis ol' tin'
seal industry.
That the two ronnnissioners should sit t >LCi'tlier ;it Meloria, Mritish ('oluniliii,
whore all the (nid<>uee in vcritlc.ition of the elaims can he ohi.aiucd on the spot.
That they should make a joi'it report on all the claims in which they have ai;'rei'il
as to the amount of dan\a^es, ;ind sep.arate I'eports of the e;isrs iu which they li;ivc
failed to jiuroe, fully stating the grounds of such disai^reenient.
That the assessment of dama;^es hy the two Connnissioners, where they have hei-ii
ahle to au'rec, shall he final.
That in cases where thev havi> hciM unahle t
o aLrrec, the (
liir
erences s
hall Im
settled hy the two (iovernnn-nts within .a li\cd period, failing' which, such dillereiici".
shall he referred for linal adjustnu'iit to an I'lnpire to he .appointed hy the Iwn
CJovernments jointly, or, in case of disairrecnuMit, to ho nominateil hy ;i foreii;ii
(lovernmcnt.
You informed me souu' tinu' .an'o that, in the view of your (iovcanmcnt. ;i
Convcniiou would he mcessary lor tlie adjustment of the claims, and the J']arl of
Kiniherley. to whom I did not f.nil to commimicale that opinion, has instructed un' ti
])rocoi'(l ;it once with the ncnotiation ol' such ;i Convention, on the hasis of tin
arrangemen
meut.
I ;ih
pi
■()|)(
)sed. should it he favourahlv cuterliuued h\ vour (ioNi'i'ii-
r have, &(:,
(Signed)
JUL IAN I'.MNCKl'OTi:
IJNCMRVII.:
Jiiiif 7, IS!) I
icd hftwCCM IN
s rnr (•(»iii|ii'iis;i-
IKIW (lir lioMiiiif
iry of SI III I ' I'oi'
itli Ali'iitiinimlii
n. I :iiii ,'it till'
ol' lliosc^ <'l.'iiin>i,
lul tll.'ll nl' llir
r.'iHnii 111 Vtu'is.
I the; rt'si were
ol' .\H)ilr!iliiiii,
ViliiiMMl on till'
,;iin;iu'i"^. I ;iiii
till- ])Mr;iosi' (ii
imissioiicr, wlin
)ii(litioiis ol' tlic
lis!) (,'olinn1ii-i.
Ilic s;)(tl.
cy have !iu;n'i'i|
liicii llii'v lime
I'ciiccs sli;ill lir
iicli (iiiVcrciH'cs
'(I by tlic two
I)y !i I'orcii,'!!
(lOVcriiMKMil. ;i
111 the J'lnri nl'
islnu'ti'd iiic ti
l)Hsis ol' the
voiir (JoM'i'ii-
'NCI'l-OTi;.
Iin^losuro 2 in No. 12.
List nnd Summary of lirhrinij .Sffrt Cliiims,
"C!Anol,Kl«A."
(Hcizcil liy riiili'd Slntcn' Kliiji " Cm win,'' Aiinnht I, IHHO.)
lA.i —
Viiliic (if tcKHcl, .'1.! lull'* ,. ,, ,,
I, Olitlit (ill! iili'<iiiiiiilili')
liimimiini , , , , . .
\Vili;iH (i( rnnv up t.i> iliilc nrNci/uK! ..
I'lisMij^i- ol'<Tr\v IViiMi Sun l''r,iiiri»r() lo Viitniiii
„ iimli'. SilUi til Vicloriii, iil'icr icli'.isc hn'ii iiii«ri
I'rriiiiiml fX|ii'iiii'< oriiwiicr
fii'Hal ('.\|)iMiMi"(. ,
llsliiimlccl Hciil (•iil<'li C'lr ISSi;
Dcdiiot Viiliic rdiiHiiiiU'il iliiritit; ii full viiyii);r
(Jlaiiii liv owiii r, uilli iiiliTctt at 7 pir icMit. in ilut
(if |paytiic III
Aiiiiiiitit (il
Chilli
an
|iiil, fiirwaiil
ly Own
'1 .
l>nl.
1,0(111
V.
nil
;i,iMii
H'.l
. ,
;i.',2
."lO
, ,
l.H.iJ
• p>l
71
7-
II llll<(0 1
IIKI
l.'.'.VI
l<i,(i(;7
nil
III)
III)
III)
'n.:,'H\
;j;j
••
ilatd
!),i!l;i
W*
fCllf, tfl
••
••
•Ji,:!i;i
III
"TlIOIlNTIiN.'"
(SiMzcil liy Uiiiliil Stiitct' iilii|i "(.'niwiii," Aii'^imt I, H8'!,)
V'liliic iif viwwl, 7H Inns ., ,. ., .. .,
,, (iiit!it (ini'iiiisiiiiiulili) ,, ,. .. .,1
IllMIIIMMCI' . , , . . . . , . . , ,:
\Va(;('» |.aiil to (liitc nf Hi'i/.nrr In crciv, iVi'. , . . . . . j
I'lKWij^r-iiiiiiiry ofcri'vv fimii San l''niiicis''i) In Viclonu .. ;
,, ,, anil i'\pi'iiH<' (if (Miitaiii ami ii.iiH' alu r j
rclraMi,', Silka tn Vicliii ia . . , . '
l'ri«i)iial cxpciisrH of (iwiii'iM .. .,
l,"Hill CXpCII'-cH. . ., ,. , .. ,.i
I'NtiiiiaU'il cati'li 'if spals fill- IKHr, ,. .. ,. ,,|
(i.OIMI lilj
•i:.)\\ ii:;
O'.ll 10
1,:J70 <ii
177 ii;
2(1(1 (Ml
1,111111 III!
l.li.'iO (Id
10, (107 (10
Deduct viiliic I'diiMiiiicd nn a full voya;^(! . . ,,
Claim liy owm iw, with interest at 7 pi r (int. to dale
ol payliiMit . . .. ., ,,
.•)(M',)7 ■-•:;
;i,;i7!J OH
20,817 (..'.
"Onwaiid."
(Hciicd by United SliilcK* nhip " Corwin," August 2, 1880.)
Value of vessel, 91 tons ..
,, oiilfit (iiiciin'-niiial)le)
Iiisiiranee .. ••
Wanes paid for voyoKC . .
l'a«sii(;e, iie., of iiiastiT and mat(!
I'ersoiiid expenses of owner
Lefiid expenses., ..
K^tiinated catch . .
ncduot vnluc consuincd during full voyage
Claimed by owner, with interest at 7 per cent, to
date of payment . . . . . . . .
■),Oi)i) on
l,77s r,'.)
'JOO 00
1,820 on
200 00
2')(> 00
1,2.00 no
lf),fi67 00
26,22.'> 69
2,9.'5.'", 98
23,269 71
'i
% , j: ■ f . ■
f^: ■
-IP
"rAVOCBITE."
(Wiinu'd out of Ili'liilii),' Sen by United Sfntcs' ship '•Corwin," August 2, 1886.)
For—
Amount of Ckiin
as ])ut f award
by Owner.
Kstimati'd loss uf catch of 1 ,000 sciil!! , . , . , .
I),d. c.
7,000 00
Clniin liy owner, with interest at 7 per cent, to date
of payment .. .. ,, ..
7,000 00
"W. p. S,^VWA11D."
(Seized by United Sl.-itcs' Hhip " Kichard Rush," July 0, 1887.)
Pnssage of crew, 8(c.
255 00
officers
250 00
Le(»nl expenses of owners . . . , , ,
850 00
Probable seal catoli. 1 8S7, 3,500 seals, nt 5 dol. 50 c. . .
19,250 00
Loss bv detention, October 1, 1887. to Febrnaiy 1, 1888
1,200 00
„ of i)rofit in season 1888 (Febniarv 1 to October 1)
0,000 00
Personal expenses of owi\ers
250 00
Claim by owner, with interest nt 7 per cent, to date of payment.
28,055 00
Cost of suit before Supreme Court, United States, in re seizure
of " W. P. Say ward " ..
C2,S17 12
Tot.il , . . . . . . . . ,
90,002 12
"Gbace."
(Seized by United Stiiles' ship "Kichard Rush," July 17, 1887.)
Value of vessel, 182 tons , .
12,C00 00
Nonconsumable outfit . .
1,T42 57
Passage of master and crew-
200 00
Personal expenses of owners
250 00
Le(jnl expenses . .
850 00
Probable cntch, 1887, ■1,200 s
.als, at 5 dol. 50 c.
with interest at 7 per
cent, to date
23,100 00
Chiini (if owner.
of payment
•
« • • .
38,142 57
" Anna Beck."
(Seized by United States' ship " Richard Rush," Juno 28, 1887.)
\ .."■'e 0*" '.eS-el ,. ..
8,000 00
Noneon8umul)le outfit . . . .
• • * •
977 50
Passage of master and crew . . , .
• t • •
460 54
Personal expenses of owner
• . • >
250 00
Legal expenses . .
850 00
I'robable seal catch, 1887, 3,1.50, at 5 dol. 50 c
per
cent, to date
17,325 00
Claim of owner, with interest at 7
of paym/nt
••
27,803 04
"Doi.rinN."
(Seized by United States' ship " Richard Rush," July 12, 1887.)
Value of vessel, 174 tons . .
12,000 00
„ nonconsiinuible outfit
2,051 50
Passage of master r.nd crew
300 00
Personal cxpeusi'S of owner
250 00
Legal expenses . . . .
850 00
Probable catch, 18«7, 4,500, at
5
ill
lo!. 50 c. ..
interest at 7
per
cent, to date
24,750 00
Claim of owner, w
of J aymeut
••
• • • •
40,201 SO
" AiFBED An\iiii."
(Srhed by United Statc»' bhip '• Ilichnrd RuMi," July 10. IS87.)
For—
Aiijouiit of ('lai:n
111 put Torwani
liv t'wncr.
Vahu> of outfit ncilL'd . . . .
P«t*)tul rtpHn«e» . . . .
Lif«ai eipcnsi'-t . . , . . ,
Pfsbiiblc catch, 3,500, nt 5 del. AO c.
Clnim of owner, with interest iit 7 per cent, to dnte
of payment
083 no
200 00
.100 00
ly.iio 00
•:0,4.33 oo
' Ada."
(Seiied by United States' ship '•
I5eui
," August 2.5,
188-
••)
Valiie of tfHHel, 68 long .. .,
7.'»00 00
„ nrinconsumnlilu outfit . .
• .
2.6< 00
Puan^^, Sic, nf mutter . . . . . .
• • • •
100 00
P(T»inal rxDcnscii . . , , , ,
» • . •
25U 00
leiial eipcnses . . . . . ,
• • • •
850 UO
Piubable catch, 1887, 2,870, at 5 dol. 50 c. . .
per
cent, to date
I3,<518 OU
Claim of owner, with interest at 7
of payment
••
20,513 00
"Triumph."
(Omi«red not to enter Bthrinj^ Sea by United States' ship " Kichard Rush," Au;;u»t 4, 1887.)
MiiEMUr' 'I
,1
El-sfat boarding and searching of " Triumph," as get forth in
Afidavit •• •• •• ,, .. ,.
1,900 «al-sltin« . . . ,
L#^ and other expenses. . . . , . , .
Claim of owner, with interest nt 7 per cent, to dite
of payment . . . .
2.000 00
8,000 00
250 00
10.250 00
I
" JUAUITA."
(Seized by United States' ship " Richard Rush," July 31, 1889.)
KSl* Mal-skins. at 8 dollars
Balaue of estimated catch for 1889, at 8 dollars
SrOMflfS, Sic. ■• •■ •■ *• ••
"Sfv chip's papers . . . . . . . . . .
Le^ anid other ezpcases
Claim of owner, with interest at 7 per cent, to date
of payment
For amended claim, see Memoranda . .
H,r.95 00
17,097 60
4.900 CO
1-,124
0«>
30
00
25
00
250 on
il
■J.
:»■■
"Pathfindeh."
(Seized by United States' ship " Richard Rush," July 29, 1889.)
S.M skins seized, nnd estimated balance of catch (1,246), at I
12 dol. 25 c a-skiii .. .. .. .. ... 25,725 00
Gim*, &c., seized .. .. .. .. ..' 705 Oo
Tiew papers .. .. •• .• .. ••[ 25 00
Ijfgai espenaea . . . . . . . . • . • • 1 2.')0 00
Gaim of owner, with interest at 7 per cent, to date
of payment . . . . . . • •
26,765 00
?. , ^
f|.*
f
I;
Sfl
, , t-ff
***
10
"'rnit'Mrii."
(OnlrmI mil nf llcliiiiiK ^*''ii l>v I'liltnl StiiliV Oiip " KiiOiriril KikIi," .Inly M. IHKt) )
Pw-
llnliinrc ii( ('•liiiinlcil i-nlcli of '.',A00, iit H iliilliira ii-«l«in
l.i'Kiil iiliil Kllii'i rn|ii'n«i'n, . ,. .. .1 ,,
Clnini liy mviu'i, «i(li jiiliMint ill i \»r ri'iil. to dalr
III |iiiyiiiriil , , , , , , ,,
Ami iMiit iif (iiiln
iiK |iiil riir»nril
liy OwniT.
1 1). 121 no
'IM no
111,074 00
" |I|,*(W DUMIINII."
(ScixiMl hy |!iiilnl Siiiii<«' nliip " Kii'liiiiil Uimli." July II, IHH!) )
Til HkillK II'IKmI, hi M lIlllllllN ,, ,, ,. ,,
'2,0'^ I kluiiN, Imliiiifi' i<r I'Kliiiiiilril I'lili'li, III H ilolliim ,,
Itillr*. HjinirK, \i> , Ki-iinl .,
Nr» nlii|i'i< (viprii . . . , . .
Iii-^iil mill oilier i>>|iriiiii'<. . . . . . • ,
I'liiiiii of owner, fvitli iiitrroat nt 7 por ppnt. to iliitr
III' piiyinriil . . . • • • .
I'.OM no
111,111^ no
110 no
•Jj 00
'i/)i, no
l7,lHr. i;n
I
"I.II.T."
(Sciir.l liy I'liilni SliilrV hliip •' Uii'Imril Himli." AiikuM n, IHHlt.)
.■\;t;l hVinn Rpifi'd, nl H ilolliir< .,
Iliiliuii'i- iif I'lilcli, I.7li7, 111 M tliilliiiK
Spiiiin mill null "rirril . . . .
Nr« ollip'n piiprn .,
1,1 (Jill mil oilior pxpcniii'K. . , .
Claim of owiior, «illi inlrrml lit 7 prr rout. In ilnic
ofpiiyiiuMii
'j.imi on
M.i;io 00
nil 00
'2'. on
■iAo no
17,1711 00
"Amu,"
(Onloml mil of Itdirinn Sen liy Uiiilcil Slntin" »liip " UiiOmrtl Iliwli," July !10, 1889.)
Knlmicp of mtinmU'il rufcli of 'J.OCr, ( 1,1 .Mi), nt H ilollnm
l,(<);nl Hiiil otlirr rNpriiHOK, , ,. .. .. .,
Claim of owiior, with iiitcront nt 7 por crnt. to tlatc
of pnyinciit , . , , . . , .
1).'2IH 00
•2M no
ii.'i'.m 00
w
" K IT'-'.''
(Onlmil out of IWiriii); Son by United Sinto.i' uliip " Uirlmril Uiwli," Auijint i;t, 1889.)
Hrtlnnro of ratcli
licnii\ mid otJior rxpcnscs. .
Cinim of owner, with interest at 7 jier cent, to date
ofpnymcnt .. .. .. ..
I0,9lU) 00
:^;jo 00
11,210 00
at
"Mixifii."
(Hcited hjr ViAUi\ Hliifm' iilii|i " Rinlmril HihIi," Jily fi, ISH'I ;
l'..r-
Afri'Miiit iif 'Mniiii
111 |iii' firwiiril
liy Owiii'r.
i'il) n]t\im nftri'il ., ,, ,,
Itrtlnin'f (if ciilfli .. ., .,
(Iiirn iiimI njHiir" "(ixi'il ., ., .. ,,
IjI'KIiI nriil (iltuT ('xpriiiii'ii..
Un). V.
;i. ;(iO 00
Vijra 00
fin 00
2/iO 00
(^'Inini (if owtii r, wiili irilir'iit nl 7 p'r '"nt. I'l ilntn
of iiiyiiiciit
Hl.ir.O 00
" I'a iiirtNdf.fi,"
(HoiiPfl liy llniti'd Stiif-n' uliiji " Tli-pinin V„r\s\\\," Miir'li :'.7, IH'tO.;
HiHXiird mill ili'tciili'iri fruni Munli 21, IH'iO, tn Miiri li 20, IH'iO,,
niiiin of invnci, with iiilcrnt iit 7 per lent, to di.t"
of |)(iyiii"'iif, . . , , , . , ,
2,000 00
2,0' 00
(ll.AIMI coll IHB'i.
( 'liiiini'il liy—
KOT—
Anioiint, (Iniiriod
liiiviil Miinri', iiiimt' r of "(>ii«iiri|" ,.
Miiryiitii li, iimti' of " Oiiwiir'l "
llari'* (iiitloi MHif'ti, mfi'<tiT of '' Tlioi hton " , ,
tfiriv Noniiiin. iniiti- of "'I'liornlon "
•lim <);^ilvi(', imiBt'T of " {'nruV nu "
.liH. liliiik, iMiilr of "(Virolciin"
Totiil for IHHO ..
Illegal 'irrcKt (ind irii[irHomii''fit
I'ltIO
1 'i'fo . , , . . . , ,
I'm.
I)lMo
llitio
•■ •• •■ •# ••
I)..|. lU
1,000 00
2,:o', 00
1.000 00
2,100 00
2,.'<00 0')
2,'<00 00
18,000 00
f'r,ArM«( von 1RR7
Wirrnii, innntpr of " Ihilpliiii " .,
.loliii liicly, mail' of " I)olpliin '
(iiiiiit;!' r. I''iri!y, inaBtcr of " \V. I'. Saywaril "
A. I>. Lain;;, immU- of '■ W. 1'. ^^^lywanl"
l/iiii-i Olsi'ii, maMtcr of " A mm li'rk "
Micliai'l Krcfc, iiiuti' of " A'liiii I'.ci k "
\V. I'ltil, iiniHter of "Grniv"
( . A. I.uiiiUicru, iimto of " Ai!a ' . .
Totnl for 1887 ,.
Totnlfor 1886 and 1867 ..
To lin nddcd to 1880, pornonal rlniiriM, Captain
Oaiidin. of " Ada "
Amended total, 188R nnd 1887
SiifrcriiiKH and lo««''^ navitrntins; fonr
vi'N«r'l» from I'nalaska to Sitka
I)ilto
Ditto
Kitto
n.fo
Dili'.
Iliit'i
Dit'o
2,r,;;r, oo
1,000 iXi
2,000 00
l.OOO 00
2,000 00
1,000 00
2,000 00
2,000 00
l.^.ca:, 00
.'ii,f,;;") (,'0
3,000 00
31,635 00
^^' n
[238]
C 2
f
ih ;f
t
^ «■■<
'V H
•'-■ . " '.4*, ■, ".'
12
Recapitulation.
Ycnr.
Vcssol.
Amount elaimed.
T.it.d.
Did. e.
Dol. c
1886 ..
Ciirotoim , , . . . .
• • < •
•J 1,. •11.1 01
'rhorntnn . . . . , ,
• • * •
•J(i,H17 (!:>
Onwnrd .,
• • • •
2H/JI!) 71
Fiivoiirito . .
• • • •
7,000 00
IVrsoiml cliiiniR . . . .
..
18,000 00
99,-100 ;i7
18J7 ..
\\'. 1*. Saywnrd
• • • •
28,055 00
(Jrnco
• • • •
3H.ir.' ,'•.7
Antiii lU'ck . .
• • • •
•.>7,8(>;l 0!
P.'Ipliiii ..
• ■ < .
4I),'J01 50
A<l;i
• • • •
2r.,518 00
Alfred Adams . . , .
• • • •
20,1 y.( 00
rriiini|>U
.
10,2o0 00
IVrsonul rliiiins
• • • •
i;),().i5 00
205,0!I8 11
1SS3 ..
Jimiiita .. .,
H,r,<>5 00
Pallitindor ., ,. ..
• •
2l\7i)5 00
'rri'liiiph ., ..
■ • • •
19.67I 00
ll!a "k Diamond . .
• • • .
17,185 00
I.ily
• ■
17.170 00
Ariel . . . . . .
■ • • •
o.iim (to
Miiiiiiu
« • • •
lO.KiO 00
Kiilo
..
11,210 00
lo2,()0:i 01)
2,000 00
1890 ..
Pathfindor ,. ..
Tiitnl claims without interest
ff • • •
• ■
•13i),lfll i»
Costs (if suit before Supremo rmirt.
United States
ill IP seizure of " W. 1'. Wayward '
..
• •
62,817 12
TOTAI,.
lSS'.i—
Vessels . ,
IViMiiiul el.iims
»as7---
W'SM'ls
I'lrvii 111 elaiiiis
ISSO —
Vessels , ,
1 890—
Vessels . ,
•' W. P. Say« nrd " costs
Totnl . .
Kxtra for ".hiiiiiita " ., ..
■• lilack Diamond'' (1886) ..
,, "Ada . • • • • «
" Ilcnrieilii '"
Total
Amendod total
D,.l. e.
SI, 100 37
18,000 00
l!)l,16.( 11
i;i,(i;(5 00
132,()()3 00
2,000 00
•1.19,1 fil -18
02.817 12
502,008 (50
;l,002 60
7,50} 00
;i,ooo 00
515,511 26
20,058 00
542,169 26
13
Inclosuro 3 in No. 12.
Memoranda of Additions and Amendments made since the original Presentation of
Behring Sea Claims.*
"Ada."
Claim of the Master, Captain Gaudin, for Personal Loss and Damage, 3,000 dollars.
THIS claim was, by a mistako on the part of the a^cnt of tho ovncr of the
"Alia," not included when tho other claims in connoction with this vessel were
(-iitcivd. Captain fiaudin thoui,'ht that it had boon so included, and it was only on
sooiiii; the ])rinted list of the British claims that \w. discovered tiiat such was not the
case, lie at once reciuested that the omission mi<j;lit he rectified, and his claim added
fn the list, and J ler Majesty's (»overnment, after (tausing an inquiry to he made into
till" circumstances of tho case, decided that his application should he granted.
Captain (iaudin's claim has accordingly been added to tho schedule of the claims
onffrcd with respect to tho sehooniT " Ada."
"IIenkiktta."
Seized hy the United States' Warship " Yorklonm" on September 4, 1892.
Vnlin- of vessel
„ oiiltit (ind oquipmcnt , . . . . , . . . ,
„ 'I'io seal-skins, nt 18 (lollnrs .. .. .. .. .,
., biilniici; of estiiniUed full cntcli for t^oiisdii in Ik'liiiiiK Sen for tliroe
l)oats and three cannefi, \it., 5fll skins al 18 dollars . .
I.f^iil and luTsonal expenses in defending .'letitm iij^ainst vessel and cargo at
Siika and in prepiirinj; and forwardin;; this elaini
Dollars.
'1. 00(1
.•1,000
7,500
10.098
2,000
Claim of owner, with interest at 7 per cent, to d'lte of payment . . 2(.,(iu8
fu his note, dated the l!Uh March last, Mr. Gresham stated, that from the date
oil wliicli tlu' " Henrietta" was handed over to her caj)tain the United States' Govern-
iiKMil ccasiMl t,> litvir any responsibility or to exercise any control with regard to that
vessel, and tliat tlierefbre they were unable to comply with the re(iuest of ller
Jlajesty's (ioveriiment, that siie should be sent to a British port for trial; but, ho
aililcil, tliat the claim of her owner for ccmipensat ion would receive due cousitileration
wlicii presenlcd.
The claim in (|uestiou has therefore been added to the general list of British
claims.
■■•^m
PIW
'W
rRjfi
■m
r
,{
'■ [■' ■
1 ,
li ; »
'!
r.
" UliACK DIA.MOND."
Additional claim submitted by tho master, Mr. Henry Paxton, for damages
alieii'cd to have been sustained by reason of tht; above schooner having been ordered
oil' of Behring Sea in 188'? by ihe United States' autiiorities.
Estimated catch for August 188() 1,000 skins, at 7 dols. 50 c. each (the price of
skins at Victoria during the fall of 1880), 7,500 dollars.
'J'his claim was sent in too late lor insertion in tho general list of British
claims. In view of the length of time that had elapsed since the occurrence of the
action comi)laincd of, ller Majesty's Government deemed it advisable to cause an
inquiry to be made as to the reason for the delay in presenting the claim. The reason
i-iven was that at tho time of the seizure of the vessel tho co-owners, <vho were three
in number, wtn-e doubtful as to luw far an appeal to tlie United States' Government
for redr(>ss would be entertained. In the following yeai one of tho owners was lost at
sea and another left the countiy, and it was only after the publication of the Award
V ■
■ ■ '■!
, t
4.
To these will he added the olaim on account of the '• Winnifi'cd," Then the amount haa been as'-ertained.
u
i: -^f
(Imt <lw> Riuvivinij nwiu'v ('onsuKcd Ms nolirilor, nnd wns iiifuntHMl Mini lie luul ii i'diiil
nnil «>imi(iiM(' I'liiini for ('oin|u>nsMiiiMi. Tlii> cliiim ^vn^ llini ilniwii ii|) ninl im-HciiliMl
Hor Mnjcslx's (lovi'tiunoii! mNk nsi'i'iltiincil frdiii <lic> sulii-itntN iti inifMlinn ||,„|
<l\o rm>< nl' (iic " 'Hack IMaiMond " Ihmhu: I'mndiMl liv IIh> ri'vcniH' hIIIcimh nl" (In- I'mIIimI
N<iUt>s,nnii onli'ii'il mil of Mt'liiiiii? Mca ii" IMHti, is (miIimi'iI iit |Iii> hmmmiIs nl" llic ( 'm.<|i,i|,
liniisi> III' II'iivImsKs. ami Dial iImc jtruli'sl \\;\h maili* li_v llii> maMlri' nl' |li(< vcwhcI mi ||||>
nrrival i>r (lio schixunM- al Vicluria.
I i\il(>r lid' circymiHlaiKM'M, llcr Maji'slv's (Jini'ri'unMil cniwiilcnMl llial llic ii'immn
allonoil I'or <1\(< delay n«>nM-i>a«i>iialilt'. ami ixavo iiiMlniclinii'^ llial IIh' rlaiin NitiMild In.
invsonli'il (o llic l'i\il('(l SIuh"*' <i(»v<miiiiii'i\|. |ii|;i'Mi('r willi IIh' itllicr similar rlaiiMM.
".M!\NITA."
ll. will li(> Molitvil tlial (li«> iiiiijiiial t-laini of llif owner of Mm* " .liianilji,'
whit'li «as staled al 14.((!>r» dollars, lias Itei'ii (imciidcd so as In iiinoiiMl. Id
I7.<U»7 dols. (1(1 c.
riie iii-ound upon whicli lliis rlaim was amciidi'd was llial llic owner iimdi' ||i^
oi'iuiiial staliMueiil on llie liasis of H dollars per skin, wliereas il was aseerlaiiieij alli'i
wanis Ihal llii> sKiim liad lieeii sold al Han l''raneiseo al an a venule of !( dnis, (i; ,
pov skin.
No. i:«.
Sir .1. I^ivtncrfolf liy Iht' Enil i)f hinihriffiy. (licrrivvd Jiili/ 14.)
(Tt'lesjrapliie.^ WnstiiiuilDii, .hmi i'\, i
\\ ITIl ii'lenMiee (o my l«^leir|-\m In your linrdsliip of llie ll/lli iii'lai ' ;'
llie Uelivintx S(\a elaims. i liave llie liononr lo reporl. llial. while diseiisian;; oiiii Hie
Seerelavy of Slale ilie levins of llie jirnposed Convenlinii. I h s reipiesied liy liim
<o asiMM'iaiii wliellier Her IVIajeslx's (iovi>rmiiei\l would lie disposed lo sclllc Hume
«'laims iov a lump snni. If so. lie >vas of opinion llial lliere wmild Im> no dillieiilh
in ohtainiiii- from Con^i'i ss an appropnalioii lor wliale\er ainonni slmnlil lie ,if;i I
npoii. Sliould no asin'eineiil lio arrived at. Hie i'nnvenlinii would pioeei'il.
If llie aliove enursi' lie aeeepfalile. an e\perl sliniilil lie senl al niiec fn WasliiiiiflMn
hv Ihe Canadian (iov(>rniiieiil In diseiiss lli(> aniniml.
No. 14.
Thf hlivl of h'ivihrilrti In Sir ./. I'nuiiirfnlf'.
vlVletjrapliie.'* horrii/n Of/irr. Juh) |m. imi|.
iN y»mr (»'lei:rani o\' llie lHlli inslani \nii reported lint Air. (Jresliaiii liiid
^imposed the payment liy llic Uniled Stales' « invcM-nment of a lump sum in selllc-
nienl iM' the Mrilisli elaims arising out of llie seizure of iliili'^li sealini^-ve'im'K in
Heliriiiij vS<>a.
Yon sliould eoninmuioali* (liis proposjil In llie Canadian (invcrnmenl. to wIimim »:
Ion snoiiiii «>oiutimi\ioal(» Uiis pi'niios;ii in tin
an" lelegrapliimr for an e\pre,!sioii of tlieir \iews.
No. 15.
Sir J. VmincrfolP to Ihr Karl of hinilirrlni.— [lirrriml JnUj ID.)
5^
m
(Teloijraphio.l Wnshivijld}!, .Inhi lit. l^'.M
Ur.ilKlNc; v*^KA Claims Cnnvonfion : your Lordsliip's teleL,'r,'iii; .n" >'ster(lay. ^f
1 ha\c ,>iipulitHl iho Canadijin (ioveriiimMit with full informal '>" 'I'liry 'iiin ^
.locoptod propos.^1, and Uioir Deloi^.ito is ready to .stjirt for this eily wm-ii p-ipiired.
in
N'l. 10.
Hir J I'nuiirnfnir In Ihf llnil nf Kimliprhi/. -{ Hfrrivnl /lin/iiiil I.;
('|Vl(.!Mii|ilii''.) H'liihitiifhni, ,1iiifii/il Jl, \HM.
MrJIIIINO HIVA clfiitn'): rriy ('-Miml.), (,r llic KM, .Inric Ifol.
Willi inlfrf«(, I icf|<(in Ihc lolnl (ifii'iiinl n't Ihc rl.iirrm mnl, in nt nlioiil, 700,0(»0
(liilhi'J. In 'inlrr In u«'l rid nf Mn' ('mmvc(iI((;|i, willi il^ dcliiy find ('i[|icnMi', I li>iv«
,rii«iiii In lii'licvi- Hull lliiM <l»iv<Tfifn<'nl wniiid hn willini^ In (my fi lMrn|i inrrt nf
|,(l().0(l() dnilfir'^ (ln« n.
In cimc I fini n\i\f In nlihiin u rnrllicr ';nrn nf riO.'iO'l dnIlMr'i. wniild Miftf, mlilrrninit,
lie )U'i'''|d'''l liy ' iiiifidii, iind n|i|prnv»'d l»y yniir l/nrd<lii|i ?
4
N'. 17
Ciitnnifil ffffirn In t'ofii/tt llf/irr. ilhrrivi'il Ain/iml I'l.)
Mil, Ihiwrihiif Hlrffl, /liiffimt f'l, l^'K.
WITH rid'Tcri''*' In ynnr litlirnf llif lUi in<lnnl,* I »nn dircffd dylli'! M>irr|fi<s<i
(if l!i|inn In Ininfrnil In ynii, fnr Mm infnrnifilinn nf the liiirj nf K lndi»rl<y, ii ''ifiy '<f
n IcI'tfiiiiii wliicli liim liicn «ffil I'l tli<' ()nvcrnnr-'J<'fi''r»il nf ('uriiii\i}, ifi'|i(irin!^ wIi'IIi't
liiq Mini'<l''i''' wmild ln' iW'^^ikui'i] hi (icf^npl, tlic qiirri nf tnO.OOO flnlliir* in vt,t,|(fn»'rif. nf
llic llclirifif^ Kcfi I ifiifiis.
I niri, Aft;.
fKilTi'd, .fOIIN lUrAMHTON
Ififlninr'' in Nn. 17.
't If Mimiifui! nf lliimii In Ih' Enrl nf Ali''ril"'v.
nVlf'Kr»l|llli»'.j llnilviiui t-'lrirl, /i„r/„tl 4, | ^^^i, 2)<) f vt.
'('MAIj lU'lirifi'^ M<(i flfiiffii, wiHi iuf'Tfil, •■'.finrofi d 7«V) M)0 d/,|l-'ir= Arnifn-
ii!i(|( r n\. V^ (loliinufnn li>m if>ienn I'l li'di'vi tli>il (iniW'd Hinf/i;' < I'lViTiinn-M wnnld
I, If If 'MiM.OfiO dnIliKs In >ivnid d' l»y 'ind »'X|»»'fi';»i f<f rnfivritinn.
Wniild Mifii«l<'r« (i''/f (,l triO.'iOO dnllf.r^ if it run !,»' nfitfiif d '■'
Mil. In wliMiii \vi
Nn, m.
7'"" /','/'' 'if /(itii'iitI'i/ In i^'ir ./ /'niin"f'it>'.
, ifU'Tfipli.c,; Fnri^i'jTi fjf/if, A'l'jn^t f;, ]H'.f\,
i !IA VI') n"<'(iv<d ynnr \i\i-ijr-t\ti nf Hi'' '.',t<\ ina^'int, un th»; mjf»j'y;f of ihi; »hnnjf
'■' / ••■ .rria.
ill' Unrnininn '(nvrnnnnf linv' l»<''n fnfiHT;!!/') Ky t/d^tfrfipfi fn t/i nrM-^n,^
t.'i ,iri't Inilfirt in «< ftl(!in»nt Hi'T<n' Vnn nhail !»'■ ififnrffi<:d nf l.n»'ir ff»)y ^* v//ri «i<
it i'l rf(f!vi'(|.
« L
#
Sir, l)'nrnintj i<lr"t, Awjwti {>, I^Mu
WITH r<'r<r<-ri''c to tl.c hiu-r frnm fhii li'-prjrtrrx'nt of th*- 6th m^tAnt.. I am
.^ V'i l>y till; .Marfjiu-H'* n) }! jj^m t'l tririHrnit to vnii, for tli^; inforrfiali'f>n of tr,.^ Kan '/f
j^ h-KTilitirlfy, (I copy of a t' 1» ^r;».7i from the <iOTfcrriof.^/«rit:ral of Can^la, »tAti/i^ U»a?. r.ii
-- — - • ForwotPf c»f>y ot' So. 16.
'A£
M
f
IVlinisfcrs would he prepared f'> nccopt Uic sum of 45(),()()() dollars in sottlcmcnf df n,,,
Mclirinu: ^ea oinims.
I nni. &c.
(Sinned) JOHN iniAMHTOX,
Iiiclosure in No. 10.
The Karl of Alirrdrrn In llir Marquess of Itipnn.
(''\>'e!>irpliic.)
■vi*» YOVW teleunun of tlie Uli An^Misl.
^ I have received follDwini,' (elenr.nn from luy JVinio ]\linistoi': —
" Vonr !'"\eclleney's tele<^rani rr hniip sum.
" " 1 would advise aee(<ptane(> of IJO.OOO dollars."
-tiKjust 1, mill
No. 20.
The Earl "/' Kimlrrleij In Sir ./. Pnuneefnte.
('i'eletrrapliie,) Foreign Offiee, AuijusI 10, 1H!I|..
I IIAVK reeidved your felei;rani of (lie .3rd inslanl. on tlie Nuhjeet of tln'
Uelirinij: S(>a elaiins, and I authorize you lo aeci'pt (he sum of I. 'tO,000 dollars in sfttji'.
Uietif (hereof.
No. 21.
Sir J. /'(/(( . fole .'o the hlnrl of Kiiiilierleii. — {Reeeived A<ir)nsl 10.)
(T<'leiT;ra|)hio.) Wnshintjion, Aiujust 10, 1K!)|,,
iUOII UlXCi Sea Claims (.'oiiveiilion : your Lordship's tide^ram of (he'.Kh iiistaiil.
I reiiret (o have (o repoil tha( (he l'resid(>n(, is unwillinf; (o oll'er more (lun
Itt't.OOO dollars, lie is anxious (lia( (hetpiestion should he seKled hefore \\w adjourn-
nuMi( of C'ouffress, and he hopes thai, in ease Her Alajes(y's (iovernment should \w
unahle to acoe[)t th<> sum proposed, the Convention will he signed at onco.
No. 22.
The Earl of h'imhcrlvi/ to Sir J. Vauneejote.
;'relei;raphie.) ' Foreign Offiee, Ain/ust 10, 1S!)|.,
Ill",l! Majesty's (lovernmeul hav(> suir'j;esti>d to the Dominion (Jovernment, In
{(detrraph, that one of the Canadian Ministers should proceed (o \Vashin<?ton at oiici',
with a view to comple(in<j; arrau<,'einen(s wi(h you cither for the Convention or for ;i
lui..p sum in settlement of (he Hehrinu: Sea tdaims.
No. 215.
^>)r ./. Pauneefotf to the lunl of Kunlirrlei/. — [Received Aiujust 17.)
(^ I'ldf irraphie.) )}''ashinijton, August IG, 18!) I.
lU'MHINTr SKA elaiins.
I have to-day succ'ceded in (d)(ainin<j; from Mr. (Iresham an offer of a luin|i
•<nu\ of t25,00() dtdlars in satisfacliou of all claims provahlc under the priiposcii
Convention. 1( \\;is understood (lia( (his wo\ild include the ' Winnifreil ' eliiini.
Necessary appropriation can he ohtain(>d this Session if (his olTcr be accepted at once.
The Secretary of Sia(e urgently requests immediate reply
If Canada agrees to accept the lump sum which is uow offered, Avill your Lordshiii
authorize nie to make a settlement on that basis?
17
No. 2 1 .
Cnlonliil Of/in> l„ Forf'njn (^jPrv. — i Unrrirril Atiijimt L'n.)
Sir, Diiiniini/ SlirrI, Jii(iii<il |H, IHJII..
WITH icriTcncc In prvviipim coiicsiioiKlmci' ivs|)cc(iiiLr llic l?cl,iiii<,' Hna
cliiims, I mil (liivclcd liv Ihc .Mminiikss .,r llijion to tiviiiHiiiil lo yon, for flio
inldnii.'ilioii III' tlic i;!irl ul' K iinlnrlcy, ;i coin ol' a (••Icfrnuii I'foiii U\i\ (JoviTfir)r-
(Icncnl of ('iiii.-kIm, iv|i(irliiii; llial, Sir ('. ||. Tiipiicr, Minislur df MMriin' find I'iHiicrics,
has LjoiM! lo Wiishiiif^toii (d discuss (Ik; iiimIIit with ilci' .Mjijcsly's Allll'a>^s,■llI(,I•.
I iiin, itc.
CSi!.:,(d; JOHN I5I!A.MHT0N.
I iicldsiiic in N(j. ii I ,
'I'lir Em I ill Aliriihrii lii ////■ Manjiirss of Union.
(Tclcu'rnidiic.) {H,T,ivr,l AmpiM 17, )^',)|., 5-20 i-.m.)
IN reply lo your l.ordsliip's tricuriiiii of Ihc |."»tli iii'.tiinl, I have to-day
l(,'lci,'rniilicd to Aiiiltassiidor !it. \\ asliin^'lon as IoIIowh; —
iMy J'riMic MiiiiHlcr, ill ri'ply to 8ii<,'u'f;stioM of Her Majesly's (Joverrinient thai, a
AJiiiisler sliouid proceed lo Wnnhiri^'ton, lejeirr/iphcd last iiii,'li"t ;m follows: "I have
asked Hir C. II. 'I'lqtper to ^o at once."
No. 2:,.
Colonial OJ/'irc lo honi'/n OJ/iir.~ { Urrriitil. AhjuhI 27.)
Sir, hhduiinj Slrri'l, Aufju.il 2'), 18!) f.
AVITII reference In tlie UehrinL;- .Sea eoiiipensatioii cjainis, I am diref:tef| hy the
MiMMpiess (d' liipoM lo IraiiMiiit to you, to he laid htd'ore the Kiirl of Kiinheriey, a
leli'Hrani rcccivi'd from the (iovemor-f ieneial of (';iii;i(h'i.. reportin;^' thnt Sir (J. Tupper
had left Wasliiuyloii, and had agreed to iKvept the sum of J2Jj,000 dollars if paid this
year.
t am, itc.
(Si-ncd) .JOHN niUM.STON.
llnclo.sure in No. 2').
Tlif I'j'irl of Abeiftfcii lo Hf Mnrqwus of RIpon.
{T(ipi,'rapliic.) {Rf^r.mKtd, Avrju.it 22, 1S91.)
•MY I'rime Miiiisl(;r hris telejjraphed to me lo Ihf! effect that Sir C. Tufiper lias
left Washington, and has agreed to acccjit the sum of t2.j,'J00 dollars if the amount is
paid this year.
II your Lordship
No. 2G.
Sir ./. Pauucpfole lo Hid liurl of Kiiiilinrlry.~{Iieceiieil Awju-H 29.)
(Iv\tract.) IVn.^liiii'jIon, Auijuft 21, 1S9I-.
I HAVE the honour to report that Sir ('. Tujiper, the Canadian Minister of
^larine, arrived on .Saturday l.'ist to discuss with me the position of the pending
negotiations respecting the JJediring Sea claims.
Wo called tlie same day on the Secretary of State, and yesterday moniiiig Sir
Charles Tupper, at my request, accompanied me to tlic State Department, Avhere we
had an interview with ilr. Grcsbam.
[238| D
i
iMi
IS
is ■-!!!,
I
^V(< (Ikmi iliKiMissiMl (lir i|ii(>sli(in nl (lir l\iiit|i sum, mikI Mr. (iiv.s1itnii nImIimI Hmi „
wtH'K aijo (li(> :ijtpvo|iri.'i(ioii ol' (he j)>ou(\v li\ r<ii\!Vi"t'ss comIiI (>!iNilv Iimm' Imumi olilMiniil,
hut. It \v;iN 1.1,1 l)it«' 11 n .>\m"i\i\ to (lie (li<|);nim<' ol llu' Mcniliors :n\il of tli(> im|M';irliiii
lulilv ol' olil;iiMii\'j,' ;i vol in;' iniormu.
Ho Mililotl, liowi'viM'. I'tnl llioro would lio uo (iiHiouHv iu jjolliu", llio !i|t|no|iriiiliiiii
\otoil on llio uioi 'in;:: "I Tousiross in Pt't'iMulicr uo\(.
Uo ihoroloro mi'; ,.s(o.l lli:il ll\o l(nu|i Miui ini;:;lil Ito MooopliMl Hulijorl i>* llio ri^jii
of lior Miijosiv ■, ( !(i\oriiiiioul lo ic-^iiiiio llio uoivoliiilioiis for llio (\>ii\oulioii i\\ .mv
tiiiu* hol'oi'i' llio ;iiiiiro|)ri;i(iou slioiiM lii> ;iolii;ill\ lUiiilo.
Tliis ju'o|ios:il. .•imioMriiiiv s.'Vlisl.iolory lo Sir t'liiirlos Tupiior, was !\0('0|i|oil li\ me,
,'iiul 1 li:i\o uow llio liouoiir (o iiiolosi< oopios ol' llio iioIon o\oIimii",oi1 Ih'Iw i
Mr. (irosliMiu jiiwl luyxoU" rooonliu<x I lie nvniuijouuMil.
Sir CliMilos rii|i|ior lol'l tor <Ml;i\\,i lliis iiioriiiiisr.
liW'loMiro I ill No LM.
Mi. (t'/r-.v/idrii /ii Nn .'. I^iiiiirrliilf,
K\00ll(M\('V,
Ihpin (lilt III lit' Shilr, IViishinijIon, .iiiyiist i!l, IM',»t.
I\ I'l'l'lJlJI N(l lo our \orli,",l oonnuuiiiojHiiui.s ol' ;\ roootit ihilo. I Invo i
low lllc
houour ronu;ill_v to :iolviio\\ lodi^o llio roooipt of youi" nolo ol' llio 7lli .lutio IjisI, in
\vlii<'li vou propos(>. ill lioliiilt" of lior iMtijosly's tlovoriiiuoul. llio OMliiMisliiiioul ol' n
Mi\o,l Coiiiiuission lor llio purposo ol' vi-ril'v iiii;: Mini ;nljuNliii;v H"' HriliHli oliiimu |'(
OoiiipoiiN.'ilioii lor llio soi/iir(' o
if Urilivli so;iliii!v-v<"<sols iu lloliriiur Son.
Wliil
o U(> s<'rioiis 1
1<
liltioiillv is .'iiilioijiM
iIimI
ill sollliiov •'•11(1 (lol(>riuiuiii!!; llioopi'iiiM
iiilorosl lo liolli (lovi'ruiiioiil'i lli.il
ly iiio;ius ol' ;i Mi\oil ("ouiiuissioii, il js ji iinltor
tlu\\ slioiilil, il" possiMo, lio (lisposoii ol' iu ,'i siiuplor .'iiul loss oNpoiisi\o w.'iv. I'l
!iro
liii;'.s ]\\ .1 Mi\oi| ('oiiiiuissitiii. «liilo alwiiys iiiuro or loss roriuiil .'lud ouiiili<<rs
<11 olliiM' prooossos of lili;j;ilion. uooossnrily Jilloiidod willi ovpouso, mil
liK
inlrr
ipioiU'.y ooiisidor.'iMo iu miuouiiI, ;u
111 dol
IV,
111 11
10 pi'oso
it I'.'iso, llio Award and liiidiiurs ol' llio 'rriliiiual ol' Arliilralioii in I'ar
i;\\i
n ijroa! o\lon(, dolorniinod llio laols and llio prinoiplos
oil
wliioli I 111" ol
inii'i
should lio adjiislod; and in llio oourso ol' llio ii(\!;'olial ions tor iiMixod t'ouiiuissidii,
tliov liavo ho(>n Mihioolod liv liolli (Jovoriiiuoiils |o a lliorou<rli oxaiiiiiialioii lioili iipun
tlio prinoiplos ami I'aols wliioli lliov invidvi
I'mlor llu'so oivouiiislaiioos llio 1
suhjin-t. has n-aohod tlio oonohisioii
dial
rosii
il ma
loul, al'lor lull oiuisidoralioii ol' IIiowImi
y ho p
ivaolioahio, as woll as iwivaiilaivouii
to olV(>i"l a dirc-ol soltlomoni lA' lh(< oiaiius hy Iho paymoiil ol' ii liiuiii sum in I'liil
satisfaolioii ol ail doiiiamls ror daiuauos auainsl (Ii(> I'liilod Slalos j^row iiil; oiil of llic
oontroNiM'sy hol\M>oii l' < I wo (iovormnoiHs as lo llii> I'lir-soals in Uolr/ini;' Soa. and In
this Olid 1 am inslniolod hy Iho I'rosidoul to proposo llu> sum id' 'llTLdUO dollars.
Tliis prii]iositioii. if il slnnild prove lo ho aoooplahio |o lior Majosty's (iovorniiirnl,
is lo ho uiidorstood as haviiiu,' liooii made siihj(>ol lo flio action of ('oiii;ross on Ilic
()uostioii of appropriatiiu; Iho iiiom-y. Tho I'rosidoul can only iimlorlako lo siihiiiil
tho m:\ltor lo (.'oiii^ross at llu> hoirinuiun' of ils Session iu !»"fenilior next, wilii :i
nvouiineiidation Ihal the iiioiioy he approprialod and made iu.iuoihaloly avail.'ihle fur
tho purposi" ahiui' o\pn'ss(>d ; and if al any lime h(>fori< lli(< appropriation is niadi'
your llovemmoiil shall di'-iiri>. il is iiiideislood thai Iho uo!;olialions on whioli wo liavo
for some tiiue Ihh'u i>ii!;a;rod for the oslahlislimoiil of ii Mixotl Comiiiissioii will 1m'
IXMU'Wol.
I I
(
lavo
Ac.
SimuH
1)
\V. g. (JIMISIIAM.
liiehisiuv 2 in No. 20.
/Sic ./. l\wiicfj'olt' to Mr. OrcKliam.
Sir. _ IViisluiujInii, Aityusl 21 , 1 89 !■.
T TTAVF. the limioni' to noknowU^iijo the receipt of your note of this ddic on llio
suhjeet of our iveeiit ne;;oti:itioiis for the adjuslment, hy meaiiH of u Mixed Com-
mission, oC tlie elaims of Ure.nt lUilain against the UniW Stales iu respuct of llie
Ill
Mill n(;i(('(| |||:i| ,1
I' li('(>n tilil.iiiiiil^
' I 111" illl|tl'!l('lii';i.
Ill' flll|ini|ili;ili„||
ijiM-l (u (li(> li.;|||
llVOllliun Ml ;i|iv
ll'IM<|lll'(l llV HIP,
i;iii'v<"il lirlw I
lyiisf 'J I. mm,,
I IlllVi' linvv lllr
III .lnn<< liisl, in
(ililiMliini'iil nj' 11
I'iliNli t'liiinw lor
iiiiii!'- till" <'l"MiiM
Dvrrnnionis Hint
isJM' \v;i\ . I'm.
nil iMniiiiiMNiiiiii',
|iiMis(', nut iiiliv
lilnitiuii ill I'lins
liii'li (III" ('i.iiiii'i
I'll ('oiiiniissidii,
iliiiii lioili ii|i(in
III ol' till" wlidjc
s !i'l\,'iiil;i!',i'i)iiN,
nil Sinn in lull
II iiil; Dill III' 111!'
ill!; Ni>;i, ,'inil 111
M) iliilliirs.
's ( iiiVi'l'Mlliriil,
i>iii;ri'ss on llii'
■IiiIm" (d .siiliniil
• iH'xl, vvilli ;i
l_v nvnilaiili' lor
iiitioii is in.'iili'
Ullifll \VI' llMVl'
iiisnion will In-
.;ri;siiaiM.
isl 21 , 189 1 .
lis (laic on (lio
Mixod Com-
irspoct (if I lie
w-i/,iir<i "' I'i'iIimIi Hf'iilinn-vcHM'h liy lliiilcd HIjiIch' (irnimwn in I'.cliriri^' Hi ;i. Vmi
^liitc Hull IIh' I'l'i'Midi'iil, iiHiT I'nII cdiiiiiilimtiiin, iw dl' ii|iiniiMi lli;i», it, would Im in Uio
iiilcrcil III' liiitli (liiviinnii'nifi In I'lTcrt, IIm diri'ct 'H'ltii nii nl nf cliiirrm \>y Mii' |iii.ynii'nl.
Ill' 11 liiin|) Hiiiri, in (inliT In iivoiil llii' ilrliiy hihI i<|iiiim', i,\ i\ Mixi'd f Jomifii'^-ii'in, iind
tlwil V"" li"Vi' li'''''i in^triirlcil (n |hi.|iiiM', IIii' i,iiiii nl I ;J."i,0()') il'illiiri.
YdU mNii Minlii llidt. lln- |irii|ii»';iil \h iriniji' wnliji'cl, to tlic ufvi-iwry (i|i|ir()|)iifi(i'iii liy
CiiiiKi'i"''!. •" vvliicli i( wiinlil li" milnnilli'il nl I lie lii-j.^inniiii'; dl' ilt Hc>;4idd in l;cfiirilii'r
next, willi II ri'diinini'iMldlidii lli.'il Mn' didin y ln' iiiirni'iliiilily fivnildliji' I'lir Uim |)i(r|id<M'
iiliiivi" iiH'iilidncd.
Ydil lidd lliiil. ir III. liny linid licrnri' lln' !i|i|ii'd|iri!ilidii i-i nnnli' Hit VuijcMly's
(jiiViTllllirill. mIiIiII dl'lil'i" il, flld ni'ifdii.'ltidir; I'di- III" I' (iil(li-;lilMMil 'il' !i, Mi <(!(l (Id/ll-
iiiiHiiiiii hIiiiII III" r."!iiini'il.
I liiivi' llii' lidiidiir Id ^ImIi\ ill rcjily, lli;it ||ci' M^ijc'.ly'ii ( Idvirnrni-nl 'dnciir ui (hi;
vii.\v'< III' III"' I'li'Nidi'iit ;m to I lii' cxiddii iiry dl' r'U'rctini^ ii, Hfttlcniciit. I.y tin- iru'llidd
|)iii|idN'"d, mid fliii' tli''y 'ii''. indi'iil, '.n I'lilly scimiltli- id' lln' f^rcMt ;idv!inf-»i!:;c'i |)ri"<i'nt,(^d
III liiilli (JiiViTiinii'iilt liy lliiil. cdiir'^i' llml lliry .'iri' uilliniMd (i/'r'C|>(, the mim dH'cr'-il,
,'oinilril willi till' fi'iMiiriniri- dl' |irdiri|)|, |i;iyiMi'Ml, iilllidiifdi the ;iiiidiitit, i^ niii'di Iji'idw
tlicir cHl.itiiiili' dl' llic rdid|iiii';iilidM v,liiili nii!';li(, I'liirly li" !iw;iii|i'/l l,y ;i, \Iix''d ( 'im-
llliHMidll'
K.Hlldlllll III' linillT':(ddd, (In Tll'dic, (li:il i I' |||C liciy.t irit idllH I'dl' (I. M i X' 'I ( !dMI dlisi.idn
r.liiiuld III' I'cmiini'd, (tic !ii'i'i'|il.'ini'i' ul' ydiir |ii'd|)d:;,.l ';li;ill In iid vv'iy (iri'|iidi''c, Ilic
clMiiniiid't in (In' rnrliii'i' iiidsiTiilidii id' lln-if iI<'mi;iii'I'i.
It. only rriniiiim lur hh' In cxihi';'! tiiy i^nitiCicfitidn ,'it llii., ;iiiii'';ilil'- 'dlnlidii dl' thr,
JMsl Hiili.ji'i'i. id' (liH(•l|N^idll ill III'' Idii;^ I'l'liriii!^ Hc;i cdiilrdvcr.iy .
I li;iv!', th:.
(Si-^Mii'd; .m;i<ian i'A(JNf;r;pr>ri;.
Nd. 21.
'I'lir I'jilil III ImiiiIii I III/ til Ml, < iii:ilirii.
Si|'_ I'lili'iilll f)llili\ r^i/ilriiiliir '-, mill.
I IIAVM iTccivf"! sir .liili.'iii I'aiini'.ildic'-; i|i'^|i;i,t.(di dl' tli" 2ht, nltirrid, Idr-
ujii'iiiii!; Ilii' iidti"; r\rli;in!j;i'ii lii'lwriii hi'; I ',xcc| !>'ii''y ;i lid .M r. (irinlniiri with riLo'ird
III till- Nclllfnii'iit liy III" |i!iyini'iii. di' lii.'i/.'d'i ddll.'ir.s dl' Ih" (•I;iiiii-i ;i;.^:ii(m! Hi" l'iiit,"f|
S(nli"< ill ri'H|i('c(. dl' lli" s"i/,iii'" mI' liiitisli sciiliiiL^V"^ "K hy I nilcl Stit"',' (•riii-iiTi in
lli'liriiii; Hc'i.
iji'i' Mri jcsly'H (idV"iiini"iil h;i," Ic'inil witii iniich |)l"'i ,iii" Ih.it tliin .■irr.'iiii^'(;rn''.iif,
lijiM Im'cii ( diidiidnd, niid iii">ii'" Id "\|iri's( ih'ir ;i])|ii'dv;il dC .^ll• .1. I'.'iiinfV'rdfc.'s
|,iii'^di!u,'c (iiid lud.idM llirdiii^lidiil, Mi(! iici^Ml.i.'ilidiis wiiiidi liiivc led l,d (liin hul.isl'act.dry
roMiill..
f arn, <%c.
(Hi'jiiml) KIMI'.KiaiiY.
HM
Nd. 2S.
Sir ./. I'fiiirirrfot'' In tltr Hml nf Klwhrrh .j,- [Hrr.rin'il Drrpmhnr 'M .)
^Iv liord iViinhiiit/lov, Dfcomlmr 2\ , I80t.
I HAVi'; III!" hondiir In Cdrwiird lifrcwilii rin (•\tr;i"t 'frdiii Ihc " fVin'^TcsHidnal
IN'Cdrd " dl' llic ir>lli iiislrinl, cdnhiiiiiii'j; :i, l.'isdiiilidn lirdii'_dit I'nrw.'ir.l in tin- lidiisr;
III Itcpn'scnhil.ivfcM hy lli" lidiidiirihli' .Mr. Hill, r"(|n"stint,' tin- imhlicdtid,! >!' nil
(jdciinicnls toiKdiin;,' flic iiiiyiiicnl hy lli" l-'nilcd Shilc (d' 12.".,(i(J') drdlnrH to Gi'fit.
I'liifnin I'or djimtitcrs i^Tdwiii!,' did, dfl'lu! cdiilrovcrsy fis to fi(r-s(r;ils in Rchrint,' Sci.
This llcsdiiil.ion, tdiri't.licr \'.illi n nidlioii to r""dnsi(l"r Ihn VdUs hy which (lie
l!i;s()liitidii \v:iH .•iddplcd, w!(s liiid on the 'I'lihlc
I iiiidcr.sliiiid rroiii Mr. (ircHli:un thiit. i'lill iirirticiil;irs (•diu!(;rniii'^' the JirrnnL'crnciits
;uiivcd ill iiav(3 I)C(;n f,'iv(,'ii (n Hi" <'i»iiinii(tc" im l''drciLdi llchilidiis, and thiil. Hicn; is
\'m\ l^ -
■ I
b^-
^7
I
V i'7
,' . ; ij(» I J, 7.; ?
■•-t
A
1
20
no ronson to doubt that thn money will bo appropriated, notwitbstanding the atfoniiit
made to obstruct the st'ttlcment.
1 liave, &e,
(Si-nod) .TFLfAN PAUNCEFOTi:.
I\S. — It is stated in the " Con£?ressional I{eeord"of to-day that tbo Secretiiv df
State has transmitted " Corresjxjndence tonehin^' the Ik'hrini; Sea eontroversy " td'tli,.
House of Ilepresentatives, wiiieli has been ordered to ])e printed. [ inclose an extract
to that eirecc from the " New York World."
.1. P.
Inclosurc 1 in No. 28.
Extract from the " Coiitjrcssiotuil Uecoid" of December 15, 189.1.
'iiiK l^EixRiNG Ska Contuovkksy.
Mr. I]lll.— y\\'. Speaker, I desire to call up a privileged Resolution reportinl
to-day from the C'onunitlee on Foreign Affairs.
The Spenker. — The Clerk will read the Resolution.
The Chnk read as follows : —
" Rfsohr(l,~'\l\i\\ the Secretary of State be requested to communicate to the TTousc
of Representatives, if not inconsistent with the interests of the public servie(>, all
correspondence. Reports, and other documt'nts not hen^toforc made public, toucliiii;'
the i)ayment by the United States of 42.'),0()(> dollars to Cireat Britain for (lanla^■l.s
growing out of the controversy as to fur-seals in I^ehring Sea, or the seizure of Rritisli
vessels engaged in taking seals in tliose waters."
Mr. ilitt. — That is an unanimous lleport, ^fr. Speaker.
Mr. McCnarii, of Kentucky. — It is all right.
The Resolution was ado])ted.
On the motion of ^Fv. llitt, a motion to reconsider the vote by which the Resolution
was adopted was laid on the Table.
Inclosure 2 in No. 28.
Extract from the "New York World" of December 21, ISOi.
Reiiiung Ska Damages.
WashiiK/toii, December 20, IMIf.
•SECRE'J'ARY CrRKSirAlM sent to the House the correspoiulence which resulted
in the oir(>r of the Tnited States to ])ay l'"2.',()00 dollars as damages for seizure's or
warnings of Rritish sealers declared by the j'aris Tribunal to have been illegal. AVitli
it was a statement of the Rritish elainis. In his Re|)ort tlu' Secretary says : —
" If the ])lan of settlement recited by the President in his Annual Message is not
acceptable to Congress, the controverted questions must b(> determined, either by tlio
organization of a .loint Commission, or by negotiations between the two Coverunients.
Ex])erience has shown that International Commissions are slow and expensive,
Sl'iuld such a course be resorted to, the evidence would be found mostly on the Pacillc
Coast, widely scattered, and counsel would be needed to examine and cross-examino
witnesses.
"The question of indirect or consequential damages having been withdrawn from
the Tribunal of Arbitration, the pending claims arc for JJritisli vessels actnally seized
in Eohring Sea or warned out of it by cruisers of the United States. It will appear
from the submitted correspondence that the agreenuMit to pay a lump sum of
425,000 dollars in full settlement of all demands, authorized to be made under the
Treaty and AAvard, was proposed by this Government. The amount is considerably
below the damages claimed by Great Britain, exclusive of interest for a number of
years.
21
LUNrEi'V)Ti:.
jlution rojiorfcil
" Tf this arrniijTcmonf. dops not roovWo tlio approval of Compress, and tlic dispiitrd
questions arc suhniittcd to an Intmiiitional Commission, it is Relieved tliat tlio
iunoinits allowed and tl xponsc ol" tlic 'I'lihunal, incliidiiiL; wilncsscs aud tlic tiikiii!,'
of tli(>ir testimony, will laryvly exceed 4:i5,()0() dollars. In view of tlie facts and \vha7
iiKiy l)e reasonably expected as the result of a Commission, tlic IJndersin'iicd snhniifs
tliiil a promi)t and tinal settlement of the vexations conlroversv hv an appropriation of
till- linnp sum a!,'reed upon is advisable."
No. 2!».
S!r J. Pnuncrfofe to the EmI of Kimlierleij.—{l{erriied Fcbruunj 1.)
Jfy Lord, Witshinglon, JaniKiry 21, 1895.
AVITir reforonco to my despatch of the 21st Deeemher, I now have the honour
tn forward liercwith to your Lordship printed correspondence touching' tlic! J$eli
Soa controversy, which has ht.'cii laid before the House of Itcpresontativcs purs
to the House llcsolution, dated the loth December, Ih'JL
I have, &c.
(Signed) JULIAN I'AUNCtlJ'OTE
irini,'
•suant
.tvi
I thoricsoluli
Inclosurc in No. 2!).
.'j3n/ Congress, 3rd Session. — E.r. Dnc. A'o. 132.
IIOUSK OF TlKPnESKNT.VTIVKS.
BeIIUING SlOA CONTUOVEUSV.
Lelier from the Smrtari) of State, transmit tlmj, pursuant to House Resolution, dated
December 15, the Correspondence touching the liehring Sea Con'.roversij.
C'J
Deeemher 21, 1891. — Referred to the Committee on Foreign Affairs, and ordered to be
printed.
The Speaker of the House of JJcpresentatlves :
THE Undersigned is directed by the President to respond to the Resolution
mldpteil by your liononrablo Body on the loth instant, requesting the Secretary of
State "to communicate to the Jlousoof lleitresentatives, if not inconsistent with the
interests of the ])u])lic service, all correspondence, Uejxirts, and otiier ilociuncnts not
heretofore made public touching the payment by the I'nitcd States of I25,00() dollars
to (Jreat Britain for damages growing out of the controversy as to fur-seals in Hoiiring
Sea, or the seizure; of British vessels (Migaged in taking s{>als in those waters."
The Undersigned accordingly has the honour to commiuiicate to the House of
Ticpresentatives copies of tlu> correspondence exchanged on the subject covered by tlio
I'esolutiou, in wbieli will be fo\nid a statement of the claims tiled by Great Britain
lor damages sustained by British subjects by reason of the seizure of their sealiug-
vessels in B(>hring Sea, or of being w.arnod to cease operations therein.
rhe Taris Tribunal of Arbitration held that the United States had no riglit of
protection or property in the fur-seals in Behring Sea outside the ordinary a-mile
limit.
Article VIII of the Convention of the 29th February, 1892, whereby the ques-
tions which had arisen between the two Governments concerning the jurisdictional
rights of the United States in thoAvatm-s of Behring Sea were submitted to arbitration,
recited that the High Contracting Parties had been unable to agree upon a reference
which woukl include the question of the liability of each for the injuries alleged to
have been sustained by the other, or by its citizens, in connection with the claims
-'i.
:0:
m
;<■??!
mm
■I
»9
pivsontod niid ui'god hy it, and that, hohij^ solicitous tliat tliis suhordinnto (|ii('sti(iM
Nliould nut iatcrntpt or l()n<4(n' delay tlio suhmission and dotoi'ininatiou of (lie main
qiicstious, tlicy liad airi'i-cd " tliat citlu!!" may submit to tho Arhilmtors any (|Ucsti(iii
of fact involved in said claims and ask for a llndini; tiioroon, tho ([uostion of the
liability of oitlicr Crovi'niincnt upon thu I'ucts found to bo tlio sulijt'ct of imtli.r
negotiation,"
Under Ibis Article the Arbitrators unanimously found that a number of lliitisli
sealinij-vcssels were seized in iieln-in^ >Sea or warned tberel'roni by cruisers of th,.
United States on the days and at tlu^ places in tiie special lindin;^ mentioned, Icnviui;
for future deterininalion the (piestions as to the valuo " of the said vessels or *'(-■•
contents, or either of them, and the question as to whether the vessels i.icntioiioii m
th(> St'he.lnle to tho Uritisli Case, or any of them, were wholly or in part the aciunl
])roperty of citizens of the United States."
If the ])lau of settlement recommended by the I'resident in bis last Aiimuil
IMessacro is not n(;ccptable to Coni,'ress, the reniaininii^ coi\trovcrted questions must bo
determined either by tiie ori!fanization of a Joint Commission, or by negotiations bet ween
tho two Governments.
Kxperience has shown that International Commissions arc slow and expensiv.
Should such a course be resorted to the evidence would be fouiul mostly on the I'aejlic
Coast, widely scattered, and counscd would be needed to examine and eross-exaiiiino
Avituesses.
The question of imlirect or consc(iuential damages having been withdrawn I'lum
the Triijuiuil of Arbitration, the pending claims are for British vessels actually seized
ill Jk'hring Sea, or warned (uit of it by cruisers of the United States.
it will appear from the submitted correspondence that the agreement to pay ;i
lunij) sum of 425,000 dollars in full settlement of all demands authorized to b(> niridi'
under tii(« Treaty and Award was proposed by this Goverinn'mt. The amount is
considerably below \hr damages claimed by Great JJritain, exclusive of interest for a
number of years.
If this arrangement does not receive tho approval of Congress and the disputed
(|uestions are submitted to an International Commission, it is believed that the amounts
allowed and the expense of tho Tribunal, incduding witnesses and the taking of tiieir
testimony, will largely exceed t25,0O0 dollars.
In view of all the facts and what may be reasonably expecitcd as the result of a
Commission, the Undersigned submits that a prompt and linal settlement of tiie
vexatious controversy by an a])propriation of the lumj) sum agreed upon is advisable.
Respectfullv submitted.
(Signed) W. Q. GIIESIIAM.
Depaiiniciit of SUtle, Washimjlon,
December '20, 180f.
No. 30.
Sir J. Pauncefole to the Earl of Kimberley. — [Received February 26.)
(Telegraphic.) Washington, February 26, 1895.
UlCHIUNG SEA: Lump .sum.
The House of Iteprcscntativcs, by an adverse vote of 143 against 112, rejected tlie
proiioscd appropriation for the payment of the lump sum agreed on.
In Committee of the whole House, it had previously been adopted by a vote of
<H to 80.
'■ • •* -fli-,*. "\'Atfl
^/
No. 31.
The Earl of Kimberley to Sir J. Pauncefote.
(T'clegraphic.) Foreign Office, February 27, lf*!'j.
IN your telegram of yesterday's date you reported the rejection by the limise
of Keiivescntatives of the appropriation of a lump sum of 420,006 dollars in i-ettieniciit
of the IJebring Sea claims.
Has this settlement hec*n definitively rejected, or will it be revived in some otiier
form ?
•2•^
No. 32.
Coloititil OJ/lfc to Foiri(/u ()//i'ce.— (J{i'reiiP(l Marrh 1.)
jiir, Downiinj Street, Ffhruun/ 2^, 1S9'>.
I All directed l)y tlic Mur(|iicss of llipoii to ai'kii()ttU(l;»c' the rccoipt of voiir
leftUT ftf the 2»>th instant,* rcpoitini;' tliat tlie House o\' iU-pre-tnlativcs in the United
atiJ** ItaJ rejected the vote ibr 4l'5,<)ihi dollars in settlement of the Uclirin;,' Sea
tliiiiiii*:.
I am to rcciuost that you will infoiiii tlie ilarl of Kimlieilev tliat Lord Kipon
Uit noifttTcd this intelligence with much loj^ret, as he had hoped that asi end of this
P((iilroiTCT*T had i)ecn reached.
It will now he necessary to resume at once the negotiation of tlie Convention,
nixJ it* CongTC*-* will rise at an early date, and the ratitication of the Convention, if
T,r>1 ortKflmltd at once, will he postponed for another year, he would sujfgest that Her
Mii,w**y'* Amhassador at Washington slumld he instructed to resume witliout delay
tl>e <i*in«§»ion of that instrument ; and Lord l{ipon proj)oses, if Lord Kimhcrlcy concurs,
to ukztaph to tne Dominion Government to send some one at once to Washington to
uadtA m tbc negotiation.
T am, itc.
(Signed) EDWAllD FAIRFIELD.
GllESIlAM.
No. lili.
The Earl of Kimhrrlri/ lo Sir J. Pauncefote,
(Telciirapliiie.ll I'orvhin OJfiip, March 1, ISt).'.
I HAVE received your Excellency's telegram of tlie :i>tli ultimo on tlic suhject
(d'lLi- liehring Sea claims.
Y'yo .^hoalcl a.sk Mr. Gresliani whether he will at once resume negotiations for a
Convfiajjon,
lord Ripon suggests that the (Jovcrninent of Canada should send a Delegate
to a---i^ at \V.t.ihington.
Yob fthftold strongly urge the necessily of settling the (juestion at once, either
br iLt' jiajn"^iit of the lump sum or by a Convention for a Claims Commission.
MM
^ed in some oilier
No. 34.
Hir J. Pftuncrfote to the Earl of Ki'iibcrlci/. — (licccivi'd M-irch •"3.)
I'Td'^sraphic.) Washington, March 2. 1 ">().'.
BEHRLNG SEA claims : your Lordsliip's telegran-. of the 1st.
Tine Secretary of State informed nie that he is (pilte prepared immcJiately to
re-mm* uegotiationa for a Convention. Present Session of Congress, liowover, closes on
the 41ib imiHaiiit. and the Convention, when signed, must be sul)mittcd for confirmation by
a 1»<>43iiiid§ majority in the Senate. It cannot, therefore, be submittc J to the Senate,
uiJeas a »pepial Session be called before next December.
I Laxc urged in tiie strongest language the necessity of a promj)t st;v ..i t-nt of (he
claims one war or another, and every effort to effect it has been vainly exhausted by the
President ami Mr. Gresham, They have even failed in an attempt to obtain from
Cragrtsf an aj^opriation for the payment of the claims subject to tlieir examination by
& Q-rmBnm&a. to be .appointed for that purpose, or for the .simple expenses of such a
Commifi^on.
I r(e<c«iTe»l from Mr. Gresham to-day .in expression of the deep regret felt by
the Pw*Tii(]leBt and himself at the unexpected situation in which they found themselves
placed, and at their inability to prevent the delay which now, most unfortunately, must
uecur in adjusting these claims and discharging the national obligations of the United
(^tates.
Forwarding copy of No. 30.
Hi
84
No. 35.
The liail of Kimlwrlcii In Sir ./. hiiinrcf'oli'.
g\f^ luiiriiiii O/lin; Miilih {\, I Sir,.
AT iin intiTvifw to-dny whh Mr. Miiviinl, I I'Siin-sscd Id liis I'At'i'lli'iu'y tlic ;;iviii
iv^rrot «itli «liicli lli'i' Miijfsly's (ioviMiimciil liml ii'iinit lliat ('t»iiy;ivss liiid sc|miai,.||
AMilioiit vdliiiu till" Slim lor the Hcliiiii;
CoimnissiDii to I'Miiniiic tlii'iii.
M'll ('III
iiiis, or iiiiikin;^- any i»i'oNisioii tor
I I'l'aii'tl tlial mil only would lliis lailiin' to execute llie .\«ard cause imu'li di-.siii>.
fuction lieiv and in Canada, liiil tliat it \w»iilil U-ml lo diiniiiisli conlideiici' in the |iiiii(i|i|o
of ai'Idliation.
It was liie nioie inil'orlunali', hocause it was coincideni with tlie piopoHal made liy the
I'nited Stales' (lovenimenl lo reopen the \vli(de mailer wliieli iiad so recently luiii
sellled Ity llic Arliitration.
!\Ir. I5avavd said lie sliared my reiirel at tiie I'ailmv of Congress to provide lor the
t oftlie IJrilisli claims, liut liial lie wascerlain llial liie IVcsident and Mr. <Jie-
liiiiii
paymen
iiad done llieir nlinosl to induce ('oni;ress lo vote llie money.
I assured liis I'Acellency lliat Her .Majesty's (lovernmeiil laid no complaint to iimkc
of the action of the rresideni or Mr. (ireshani. ami I int'ormed liiin of the purport of
your Kxcelk'iu'y's teienram of tiie 'old instant on this suhject,
I am, itc,
(Si,!4;ne(l)
IvIMI?Kl!L
1
So. m.
t<ir ./. Pnuncpfotp to Ihr Earl of Kimherlri/. — {Rrrrlrcd March 7.)
^ly Lord, Wmhhujlon, Febniarji 20, isil.V
WITH refi'ience lo my lele!>'ram of to-day's (hite, [ liave tlie honour to iiicliM'
lierewith extiaci tVom the " ( 'onuressional IJecord," containinu,' an accoimt -f the
n'jeclioii of the propositi approiiriatioii of I'jr'.iKK) dollars lo pay dainiii;es ari' 'it iif
seizuri's in lU'nrii':;' Sea.
'I'hc proposal, after a twt) hours" didiatt', was upproved in roininitteo of tin uIkiK'
Hon-e liy a vote of '.)S lo Sli, hut o'- a siilisi-iiuent vote, when the ainendineiit \\i[>
reported, tin- House rejected it hy a majority of WJ to li;5.
I have the honour to ajipend a precis of the deliate prepared in this Hmlmssy.
I have, ite.
(Si-ned) .JULIAN PAUNCEi'Om
liic'losiu'c 1 ill No. ;U!.
Kxlrarl from the " Coiigrrsaloiial livvord" of Ffhruiiri/ "'}, ISl).').
[Not printed. )
Inclosuro '2 in No. 3U.
Precis of Debute in House of Representatives, February 2.'), 189.').
THE House lieinij in Commilteo of the whole tor the consideration of tlic General
Deficiency Bill : —
Mr. Iheckenriihje moved an amendment, providini;- for the payment of 4i?t',00u
dolhirs to Ciroat lirilain in full satisfaction of all demands for ilama,»es j;rowin^'
out of tile controversy hetween the two Governments as to the fur-seals, in JJcliiiu;;
Seu.
There was no (piostion, lie said, that under the decision of tlie Arbitrators tlio
United States .should pay Hoinetliinir. It was olijecled that the amount nj^jreed on wa>
e.\ee5!>ive, in view of the fact that the claims were in part based on consequcutiui
CIMHKULr/i.
..•,-t. "liifli, in iIk' ciiM- 1)1' (he •• Aliili.iiii!!," wcir iii>l inlmittcd. Itiil IImt*' «iH a
,liiriMiMi('(' liclu.vii lli.> .Msi'-^. Ill til.' CMHi- of Ihc " Aliilcimii" llic \M-Miin' v\in (lie
ii„|ir,..'| II ■( i»r tlic (Idvitiiiiu'IiI. iiml in llu- |iii«sciit chhc it wiis lli,' diroct iicl. And,
tiiiili. r, in till' pii'si'iil ('(IMC, a nili' wns iiMiccd on wliicli nlluufd (•(MiMvinciiliiil diiiiiii','(N.
,lii,l:;nii'n(. hail ln-cii !;iv<'ii iii;ain,l tii(> United Sl;i|.^ jnid {\w nnlv (|nrslli)n li'll was llu-
„;,„'~sMicn( III" diiiniii;(s. liCiiviiii;' oiil llu- (•(iiiM'i|in'nliiil da ma ';(-:, llicrc uonld icniaiii
a .iiim, iniiclically iindi^iinlcd, for L'l'7,(I(m» dollins, mi widcli iiilcivsl wi.nld liiivo to In-
|,;ii,l I'm- M'vcn \caiM, if tiic nialliT \vi;s idriu'd to a (!on)mi>si(>ii, and. in addiiion, (licri!
„i,mM li' tlic i'X|HMH(' (if liavini;' Arliilralor.. Tlic liar;;aiii was not a had one, and, on
liniiulci- unmnds, it did iiol hcconu' tlic I nilcd Stales to :;(> ihnvn lo tin- ta\ciii and
ili-niiuiico the .liidiio, as liliLi,Hii(s soniclinn'; do wIid liivc lo.,! llit'lr case. 'I'ln; ri.ulit
rmiisi- was lo solllc thr inatlor at oiilt, and iciih.vc it as a caii^c oT disa;ri'cnu'nt
llOtWt'l'll till' two |H'01llcs,
Mr. ('(uiiioii (llfpuliliran) was nui <)|i|Hiscd In llic |iaviiicnl niilcss it rcvcrsod a
liriiK'il'K' alrcadv Hi'lllt'il. 'I'Ik- Ailiilralms onlv (Icridcd Ihc ([Mrsli f I'act as to
soiziiiv and wainini;' (nil ; Ihc (|n('-<tiun ol' ih.- anKuml of daiiiajic and the owncrshiii of
Iho vosscIh was Ict'l open lor fnliiiv ncudlialion. \s in pnisprclivc dania!,a's, it had
Ik.-ii decided in the ease of tl Alaliania" llial ihry conM not properly he iiiado
siilijeel of eompensalion. As to the ([.ler^ljon ol' ownership, it was elear IVoni the
oviileiiee (Mr. l''o>ler's statement i)iil)li-,lie(l in llie last Senate I )o('nnienl, p. |ill)tliat
the ureal niajority nf the ve-sejs seized \wi\- owned l.y Anierieans. Tlie most that
could fairly he eoneoded was in:i,()()(» dollars.
Mr. Hooker (Deniorran diiiied thai tin- anal(i:;y with IIm '•Alahaiua " ease held
ir(M)il. 'I"lu' vessels wi'K! e(|nipped in Canailian waters for the purpose of prnseeulii);;'
wliat w.is now eoncedtd hy IkiIIi parlies to have hi-eii a lawful act. ami the I'liited
Stales was respoiisilile for whatever damatres endued IVoni their seizure. It was not
ininrcdiahle that if the matter were referred to a I 'oniinissi(ni, the I'liiled Stales would
liiivc lo ]iay a million dollars instead of levs flinn half that sum.
Mr. Hcnil'Tsiiii (Uepiililieaii) ipi'ited from Mr. l''osler's statement, ;ind ;islicd how
in the facte of it the Secretary of State could have niaijc! such an a;ureenient. This large
sum should not he paid when there was hiuh autiiority tor the stalemciit that most of
tlic claims wore unwarranted and imjut, lie advoeal d the ( 'oiumission jiiovideil for
in the Treaty, in order thai il lien! were any .\meri(',iiis mascpierading imder ISritisli
aiisjiices they iiii,i;lit he smoluid out.
.)//•. .WrC/c«n/( Democrat) said that ol the two alternatives he tlioui,''ht the payment
(if a lump sum would he the most economical, and tint prompt mtiis in payiiii;- the claims
was in the line of economy, juslice. and honour.
.Mr. Hill (IJejiulilican) .said that in the ea'c of ten out of the twenty .--iiips seized the
rual owners were Americans. These men wiire not eii:;a;;'e(l in a "Lawful occuiiation,"
Init one forhidden hy the laws of their own eounlry. They were entitled lo line and
iMi|irisonnient, not to comiien-atinn. lie ijuofi'd the ease of JJoscowilz, an American,
\ili(i lent money to a (.'anadian, named Warren, on the security (d' certain shi|)s;
fdivdosed, and then sold the .-hips, which Ihiis pau.sed into hi.s hands, to a ("anadian,
naiiicd Cooper, for the sum of I dollar. This man Cooper now ajipeared among
the claimants for the sum of «'2;j,(*0iJ dollars for (he seizure of shijis wiiicli really
l)L'loii;,'ed to IJoscowitz. Cooper had testified thai he did not even know tin; numher or
names of the shi])-;, and Ihat he had nothiii;;- to do with them. Of the total amount of
yt2,tii)0 dollars claimed, .'5tji),()0(J didlars rejiresculed the iiitere.sts of Americans. As
to the character of the claims, the great mass was for an estimated catch — '377,000
dollars out of A4"J,(.I00 dollars. It had hcen decided at Geneva that r.-uriensatiou was
not to he paid for prospective earnings. As to the argument that the two Governments
liad agreed to pay com|)ensation lor such los.^es, it, relerrial only to the claim for
damages under the inoclux vlvendi. That portion of the claim had heen i'orinerly ahan-
doiu'd hy the two (Jovernnients. As to the fear expressed that more (daims would be
presented in ease of the ap]iointiiieiit of a Commission, it was clear from the words of
the Urilisli Amhassador that the claims prertenled in dniie 16\)\ included all the claims.
-V Commi.ssion, as projiosed hy Sir .lulian I'auncefole, would prohahly cost about
I'l.M'il) dollars, and would result, perhaps, in the payment hy the I'nited States of
a(l,00(l dollars which is ahoul what was due.
Mr. Dinijhii (Hepuhliean) would not say with certainty that the claim for pro.spective
damages would be disallowed hy the Commission. He (juoted the ease of the llalif.ix
Award. It was a eise of a choice of two evils, and it was impossible to foresee what
would be the decision of a foreign Umpire.
Mr. lireckciiridyt; in reply, said that he agreed with the lasf spcnkcr. The claims
4^'
(.(: 'f^■
.If.
' ' I
;,jj^> Kj' 1
[238]
E
iir
:M.■M;la,^|«e,
26
would grow enormously if the payment wns put ofP, and an immediate settlemeut was
preferable.
Mr LIrinyston asked if Congress would not have the supervision of the pajments
made under the decision of the Commission ?
^fl• Breckcnridgp said that, if Congress refused to make tlie payment prescriljcd l)y
a legally-constituted Tribunal, it would be a di,-!in(iuent at the international bar of imblic
honesty and universal integrity. It was not true that Sir Julian Pauneefote had debarred
himself from presenting additional claims. Take the ease of a man who had died from
the effect J of imprisonment.
Mr. Hitt denied that tiiat claim could go before the Commission.
Mr. lireclici.iidgc maintained that it could. He pointed out that these ships had
sailed from a British i)ort under the British flag, and (he burden was on the United
states to ovcrtlirow the presu.nption arising from that fact. lie predicted tbat this
could never be accomplished. Tho United States had gone into the Arbitration on tiie
ground that tlic Behring Sea was United Stales' property, and had lost. Tliey oiiijlit
now to take tic consecpiences like men. As to the damages claimed, he thought that
the prospective catch ought to be i)aid for. The real capital of these men was their
.sweat, tiieir risk, (heir danger, their time. When vhey were seized, and put in Alaskan
prisons, without right and wi.hout justice, what better criterion of damage was there
than what they might have cauglit, and what every one but themselves did catch
during that year 'r Tliese were not remote damages. There was a vast difference
between remote damages and consequential dr.mages. There are iimumerable cases
where conscciuen'.ial damages are given where tleyare 'he immediate and not the remote
consequences of the ac*. He (juoted tiie statcnnent of Sir E. Grey in Parliament as ♦o
the probable payment of tlie damages, and hcipcd tiiat the United Suates would not be
posted before the WDrld like a del^.iquent ut a club. He did not advocate tills
measure because it had been i)roposed by a i^emocratic President, but because on the
floor of the House of Representatives lie re^jresentcd the entire Imperial Ilepublic of
America, and lie did not wi^h the United Slates to stand i)eforc the nations as a nation
wliicii (lid not keep faith.
He api»ended to his speecli, as pi-inted, a calculation showing under several
hypotheses the saving to the United States effected by the payment of a lump
sum.
On a division, there wore, for the amendment 04, against 86.
Tile Coinmittee rose, and t'.ie F[ouse then voted on the Appropriation Bill as passed
by the Committee.
A separate vote was tak.; on the Behring Sea clause, when it appeared that there
were — Yeas 1 13, Nays 142.
The majority comprised llepublieans. Populists, and 48 Democrats.
No. 37.
•m
i<9il
M I Si
f«^
J I
Colonial Office to Foreign Office. — {Received March 9.)
Sir, Downivg ^flreet, March S., IS!),'.
I AM directed by tlio Nfarquess of Hipon to acknowledge the receipt of your letters
inclosing telegraphic correspondence with Her Majesty's Amljussador at Wasiiimtoii
regarding tiic settlement of the i3ehring Sea claims, and I am to suggest, IVjr the con-
sideration of tlie Karl of Kimberley, that Sir Julian Pauneefote sliouUi be at once instniilai
to communicate a copy of his telegram of the 2nd instant to the Governor-tjleneral ut'
Canada, and consult with him as to the date on which it will be convenient to send a
Canadian Representative to assist in the further negotiations for a Convention.
I am, &c.
(For Under-Secretary of Slate),
(Signed) R. P. EBDEN.
iatc settlemeut was
n of the payments
micnt prcseriljcd l)y
-tional bar of [Hiblic
icefotc had debarred
I who had died fiom
Lat these ships had
was on tlic United
predicted that this
J Arhitration on the
h)st. They ought
led, he thought that
these men was tlieir
and put in Ahislian
' damage was tlicre
leniselves did catch
as a vast did'eronce
! innumerable cases
) and not the remote
in Parliament as M
States would not be
not advocate tiiis
but because on the
mperial Republic of
: nations as a nation
ving under several
ayment of a lump
iation Bill as passed
appeared that thete
:s.
.)
', March 8, IS!).').
(■i|)t of your letters
;)r at Vv'iisliiii:,'tu»
!j,L,'est, for the con-
at once iiistnu'lcci
()vernur-(JIener:tl of
jnvcnient to siiui a
'ciition.
of State),
R. P. EBDIixV.
27
No. 38.
The Earl of Kimberlcij to Sir J. Pauncr/otc.
(Telegraphic.) Fnrdnn Office, March 9, 1895.
^ liEHKING r.EA claims.
You sho';id communicate your telegram of the 2nd instant to the Government of
Canada.
The Sooretnrv of Strte for the Colonics suggests that you should arrange with Lord
Aberdeen as to the date when the Canadian Delegate who is to assist ia the negotiations
lui the Convention should be sent to A\^asl:ington.
No. :i!).
Sir ./. Pauncefoie to the Earl of Kimberlcy. — (Rccrired March 11.)
My Lord, U'ashiiKjtnn, Fehruari/ 28, If^'X';.
LV my despatcli of the 2Glh instant I had the honour to report the adverse
vote of the House of Kepresentatives on the })ro|.()sal to apjjropriate the sinii of
ILTi.OOO dollars to the payment of the Heliring Sea cluims, in aceordance with the
Agreement coneluded between the two Governments in August last.
The Committee of the whole House had voted for the appropriation by a small
majority, and the adverse majority subsccpieutly obtained on wlint is termed a "yea
anil nay " vote was a surprise, as well as a grave disappointment.
Strong party feel.ng would seem alone to aecr)unt for the rejection of so just and
desirable an arrangement, and, as your Lordship will iiave noticed from the inclosures in
r-^ despatch, statements have been made in Congress which are entirely misleading
both as to the law and the facts of the case.
It is urged that the present claims arc principally made out of " indirect '" tlamages,
because (hey include, in some cases, the loss of profits of the fishery season l)y sealing
vessels warned out of Belning f>ea.
Such damages were allowed when claimed by the I'nited States in the Fortune
Bay case on behalf of United States' fi^hernien. whose rights of fishery had been
forcil V interfered with by a mob (m the coast of Newfoundland in 187S.
.\uain, it is jin-tended that a great majority of the sealing-vessels on behalf of
which the claims are made were the property of I'nito-l States* citizens, wiiereas there
is no evidence ^^lla(eve^ <i\' any change of ownership in those vessels, which all carried
the British flag and a I'Jritisii register.
One speaker represented the total anmunt of the claims to l)e only 542,000 dollars,
wlioreas it was owr TOO.unO dollars. Another concluded from the fact that the offer
of the luii'p sum and its acceptance appeared in notes of the same date, that the offer
was made without previous investigation, and was instantly '• sitai)i)ed at " by Her
Alajesty's Government, whereas the compromise recorded in those notes was the result
of laborious negi.tiation^. which were carried on during tiie wlwde sunmier.
There can be no doulit tluit the al)ove inaccuracies were calculated to prejudice
the minds of many Members of Congress, and also to turn public opinion against a
.sctllcmcnt of ihc (piestion which was botli equitable and advantageous to both parties.
The action of Congress i^ in strange contrast w-'h the assurance given me by
Mr. Blaine at the coinnien<'cment of the negotiations .vhich led to the Bchring Sea
Arbitration, and is leconhil in my despntcii ol' the 1st November, 1880, "that his
(Jovernment would not wish that privatt; individuii .} wiio had acted bond fide in the
belief that they were exercising tlieir lawful rights should be the victims of a grave
dispute between two great countries, which had happily l)een adjusted."
I have, iVrc.
(Signed) ji;l[an PAUNCEFOTE.
[238]
£ 2
:jf
Ml'
1
1
i-
r ;'
t ■.
v
1
m
No. do.
Sir J. Pauncefote lo the Earl of Kimhrrley. -^{Received March 14.)
My Lord, Washington, March 1, 1S05.
I liAVK the lionour to transmit to your Lordship herewith extract from the
" Conj^rcssional Kccord," containing a report of a Uesokition introduced by Senator
Morgan for the .appointment of a Committee to examine into the question of ilic
Hability of the United 8t.ites to ])ny claims niising out ot tlic Hehring Sea eontrovt-rsy,
and also of tlic liability of Crcat IJritain and Canada.
Your Lordship will observe that Senator Morgan alludes to a recent proposal made
in the House of Commons to pay the claims in advance, as being made with a view to
having " a moral claim on the United States for this 425,000 dollars, not one shillinir of
which is due."
Objection waa interposed to the immediate coneideration of the Resolution, and it
accordingly went over.
f have, SiC.
(Signed) JULIAN PAUNCEFOTE.
■i-ii
m
Inclosnrc in No. 40.
Extract from the " Congressional Record " of March ], 1895.
British Behring Sea Claims.
Mr. Morgan. — I offer a Resolution, for which I ask present consideration.
The Virv-Presidnil. — The Resolution will l)e read.
'i'lie Secretary read as follows : —
" Rciiolft'd, — That the Message of tlie I'rcsident received by the Senate on the
13th February. l^'.K), relating to tiic payment by the United Slates of the claims ot
Great Britain Arising out of the ikdiring Sea controversy, is referred to thj Committt'o
on Foreign Ri'lijiions, witii instruction that such Cominittee examine into the (picstion ot
sueli liability to Creat liritain and tlie amount thereof, if any, a id of any liability on tlio
part of Great Hritain or Canada arising out of said controversy and that said Commiltoc
shall have authority to rejiort by Hill or otherwise; and, in aaking such examination,
may sit in the vacation of the Senate.''
The Vice-President. — Is there objection to the i)res :nt consideration of tlu'
Resolution r
Mr. Sherman.— \ wisii to ask the Senator from Alabama wlietlicr it would he wise to
pass this Resolution pending the controversy between the two Houses with respect to m\
appropriation of four hundred and some odd thousand dollars r
Mr. Morgan. — There is no suili controvei.sy.
Mr. Sherman. — I lliink that mutter i-^ now in conlerencc between the two llouso.
Mr. Morgan. No; 1 be:;' pardon. Tlieie i- no ri'port in eillier House in favour of
any money to ^o to 'm\;i1 ihitain. jis tlie ca^e now stamls.
Mr. Half. — Such a.i aiiprojiiiation was stiicken out in the llou.se of Repre-
sentatives.
Mr. Morgan. — Ves ; iliat was strickLU out.
3/('. Uale. — And the Senate ConimilU'e has not put it in; so it is not in confereutw
Mr. Miinjan. — There is no controveisy. 1 wish to make tiiis statement : The
British i'arliament seems to be acting upon this Nubject now liy anticipation. I see by the
morning |ia^. rs that Sir[(ieorge Ikden-i'owell says that lie wants to pay to IheCan.iilians
and to (he recalcltr.int and rascally .\nuricans who hired themselves out to the ihiiish
Hag lO rol) till' viovernment of tin' I'liiti'd Stales and lo violate its laws and dishonour
the country, and to pay tiiein in advance, so as to have a moral claim on llie Cnit' li
Sfate> for lbi> lJ."',(Ji»n doljnrs, not one shilling ol which is due.
1 propose that the Committee on Foreigr. Relations shall invc-tigate that matter.
There lias been em)ugli of falsi'liood and misrejiresenlalion about that in ollicial
documents and in neuspapers to recjiiire, tor the vindication of the honour of llii-
com. try, that thnt investigiition should be made; it nnikes no dili'erence what anv
C(nnn.itlee of this body may do.
Mr, Sherman, — I have no objection to the Rcaolution.
20
Resolution, and it
iVUNCEFOTE.
Mr. Tiiriiie.—J should like to ask tlic Senator from Alabama wiiethcr the text of
this Resolution does not propose a revision of tiie Helirin-,' Sea Arhitnition.
Mr. .Wojv/rni.— Not liyany means, [t is merely to ascertain wiial are the obligations
of the lespeetive Governineuts under it.
Mr. Tiirpic~H seems to me that llu: text of the Uesohition, as I heard it read,
proposes to review tlie proeee;iinus of tiie Inieinalional ArI)itration.
Mr. Mnnjnii. — Sul at all. 1^ is merely (o aseerlnin what are the lialiilities of tiie
lespoclive (<overnmei>ts under il.
Mr. Tiirpli: — The iialiililies -pokeii oliuc eerlainly rrs adiiidlnitn.
Mr. Mdkjiih. -1 quoted from tiie lan^unne of tlie IVesideut of liii' United States in
seiuliiiir his Messa^^e to tiu' Senate.
Mr. 'I'lirpir. — I ask that tlie Hesohilinn be printed and jjo over.
Tlir
piinled.
I'ice-Presidi'iit. Ohjeelion bein- iiiterpised, liie liesoiution will ^r,, over and be
No. 41.
Sir J. Pamcefotr to the Knri of Kiml)rrh>j.—{Rpcfivc(l March 1 I-.)
My Lord, U'ashiiKjInn, March .'., isn:>.
Wrril reference to my despatcii of the 4th instant. I ha'.e the lumour to
iiu'hise extract from the "Coiii-ressional liecord," containini;- a report of a del)ate in the
Siiiate relative to the Kesoiutiou introduced !iy .Mr. .Mor<,'an for th.' appointment of a
( nniission to examine tlie (piestion of the liability of the United States and Great
jwitain to i»ay claims arisim,' out of the 15ehrin.i: Sea (-ontroversy.
Mr. Morj-an supported Uie IJesolution in a speecli in which he severely criticized
tho policy pursued by Great Ihitain. Objection, however, bein^ intcrimscd, the Uesidu-
tiou fiiik'd to pass. An ab3tract of the debate is inclosed herewith..
1 have, iVc.
(Si-ned) JULIAN PAUNCEFOTE.
J-
deration of tho
Inclosure I in No. II.
Extract from the " Ccixjrrsslnnal /.'croril" of March 2, 1805,
[X((t printed.]
Inclosure 2 in No. II.
Report of Di'lidlr in ."^cnalr, Marrli "J, \?[)'>.
Mr. M()r(j:in. in introdncinj;' his Resolution for the appointment of a (.'oinmittce to
iiivcslifjate the liability of the United Statts and Great Mritain to i)av claims arising nut
of the Ikdiring Sea disjute, said that the (piestion of the liability of the Uiuteil Slates to
pay damages was withdrawn from tiie ci nsideration of the Arbitrators nnd n-erved for
negotiation. The Secretary of State had made an arrangement to pay a h. ip sum in
onlor to avoid negotiation. If the matter iiad come before the 'I'ribunal, (Jreat Kriiain
coiikl not have recovered one cent. On the strongest ))oint of the claim tiieri; could not
bo due to her more than lUJ.OOO (hdlars; 17-"',<»i)(t dollars iuid been claimed for tb -o
ships which were valued l)y appraisers at llV^OO dollars, lie wished the whole qii lion
tube investigated by a set of Commissioners "who may not perhaps have an en urass-
ment in a negotiation." It was not the fault of tlie Award Regulations that the seal
herds were being depicted. The Supplementary Regulations of the Secretary of the
Trea-ary were to blame which allowed the sealers to pass through forbidden waters
(luring the close season. Wliere were tlie records of the time and place of tlie catch
made by the sealers which were prescribed by the Award ?
(a rent Britain had pledged herself to do her best to save the seals. But she had
only sent one ship which had passed the entire summer outside of Behring Sea in port.
The United States had sent ten. The administration of the law on the part of the
80
United Statea Imd bcoii slack, and on tlic part oi' (Jicat Hritaiu absurdly iiioffiriint.
No t'vide-nco was presented upon wlncli Great Britain could bo held roaponsiljjc lor tin,
conduct of Iier scalers. 'J'lic Spcretnry of the Treasury bad stated that he had jifipers
in liis posses, ion wiiieli h(^ liiiii not couimunicaU'd to the Senate. Tiie whole niatliT was
under a cloud ol' uiicerlainly, and tiierefore he j)roposcd that there should he a fair atul
iniparliiil Imt tiioroiij;h investination.
Mr. (Iriiti objected to the consideratiori o!' tlie motion. Mr. jMor<>;an had hinuclf
o])jectcd to the consideration of a Hill providing' for an International Coniuiissiori oi
ln»|uiry, because ho tliouyht that it implied a rctlection on the Award Kej^ulatious. Xo
such reflection was implied. The Senator himself, iis an Arbitrator, had si;,niod a
recommendation that the herd should b(f allowed a rest of three years. There was not
n particle of evidence to show lax administration of the law. The slauijhter had taken
jdacc in the open season. Only erne seizure had been made, and that aliip was rdoaspd.
As to the lump sum, the settlement had been received with almost universal favour hy
the Senate Coinmittee on Korcif;u Relations. It was far within the estimates made by
the Uritish claimants, and the best estimates that could be made by the Af^ents of the
Unilcd States. That was out of the questicm now, and the Senate had had the
opi)ortunity to provide for the only cllcrnativc. *hat is, a (,'onvcntion between the I'liited
States and (ireal ISritain under wliich the claims could be adjudicated and the amounts
determiueii. "hat had been refused. Now the Senator liad prevented the .Soiiatc
• . ■ 1 !■ . ■ .1- 1 i J! - r 1 1 II 1 I... - J .-
;i proposal for prevent ii'i:' the destruction of the seal herd by a leniiMirarv
llu' slau^iiter. The icsponsibilily was not a linht one. In conclusion, in.
round for the im])utation that the Secrclatv
considerin
cessation ii
would say that there was not the slightest ^ . . . .- , .
of the Treasury had su]ipressed tlic lo;;s id' vessels or any othor evidence, as a perusal of
the h'tter (pinted by tlie Senator wmdd show.
Mr. Mi<riiiin asked leave Id print a statement showinj; what were llie acluai
liabilities of the I'nited States mnkr the princii)les contended for by (Jreat iJritain.
Objection was made.
Mr. (hitij asked leave to ]uint as part of his remarks the letter of the Secretary nf
the Treasury nd'erred to.
Mr. Monjan objected.
P.S. — The letter in (pu'stitm states that the Collc(\.;r of Customs at San Francisco
liad reported that the masters of certain vessels had failed to <t\\vi the required par<i.
cidars, haviiii; sailed in ignorance ol the {{emulation conccrninn- logs.
No. 12.
Sir ./. Piiunrvfoif fo ihv Earl of Kimbrrleij. — {Received March G't.)
My Lord, IVa.ihiiiglon, March I't, iy)."i.
IN my desj'atch of the .Ith instant I had the honour to transmit to your l.onl.di ;i
a report i>\ a dchalc in the Senate on the subject of the Hehrini; Sea claims iii
the course of whieh Senator jMorjiun stali'd that he bad prepared a .Memorandum on the
liability of the I'luted .*^tates, niidi-r the Award of the Paris Tribunal, to make compeii>-a-
tion tor the illegal seizure of Ihiti-h sealiic-vesseU in ilcdirini; Sea.
lie nipicsted leave to print this il.iciniK'nt in thi' " Uecord " as part of his speech,
but Uavi' was refused.
Alur the adjourmncnt of Coii'^^'ress lie eominuniciitcd this Memorandum to the press,
and 1 have now the honour to transmit to ymir Lordship an extract from the "New York
Daily 'i'ril line," which p.apiuls to contain a summary ol' it.
Senator .Morijan artjucs that the United .States ncvera^'reed to arbitrate the (|uestionof
their li'iibilily for damaijes, nor have ever admitted their liability. They only aifreed to
nea;otiate respcctini^ it. evprr' -iv n-eninjj tlic (picsfion d.'' such li:ibilify as the subject of
snch negotiation. He is tlicrelbre opposed to the creition by Act of Conjircss of a Cotr.-
ini->-inn to settle the question without any negotiation. The claim ot (!rcat Dritain is. lu'
states, b.ised on the I'jlse assinr.plicui that the I'liited States were bound l)y tlii- .Auard oi
the Tribunal, nr by a'^rieeinen, . or In, law, justice, or ccp ty to pay any part, of 'lie dciuaiid.
Senator .Morgan also iiisi-ifs that the "further ncL'otiations " provided for in rei;>nl
to these (laims by Article \ HI of the llchrin;? Sea Aibitratioii Treaty should lake plac.
" fliromjii the constitutional anthoritics of tin- Uidted Slates."
On those two points I would observe that no ,;dinission I liabilitv lucauu- nen«-
;n
surdly inofririont.
Bsponsiljlc Idr tin.
it he had ]iiii)eri
wiiole iniitItT was
miKl 1)0 11 iair and
r<:;ai> Imd liimsdf
il Coinmissioii ot
llof^uliilioiiH. No
or, luid sii;nod a
;. 'riu-re was not
ui^hter liiid taken
Bliip was ii'lfasoil.
livorsal favour by
stiinatcs niadc by
he Agents of the
late liad had tlif
■Iwoi'ii the Unituil
i and tlie unioiints
rented the Senate
I'd liy a teniiiorarv
In coueh'.sidii, lu'
Ihat Iht; SeiTclary
icc, as a perusal iif
L were the actuiii
Ircat Britain.
f the Sccrctarv of
s at San l''iaiu'i>co
he re(iuircd jiai'i.
-Il 2:..)
Mnrrh 1">, 1^'.»"'.
to your l.orilrlrji
u; Si'a elaini-i, in
niorandiiin on the
o make eoin|ieiisi-
)art of his spcccli,
nchnii to the press,
n tlie " New York
•ate tlio (|ui stidiiof
hey only astret'd to
y us tlie suliji'it of
)nc:ress of a ("o':.-
Ireat Urilaii' i-. lie
1 hy the A'wird ol
art, of the deiuaiid.
ided for in reu'ml
should lake pluc.
sary from the moment that the Paris Trihuiiai, i)v its Award, ad rejiictod the le^'al
pretensions of the United States to a spcejal proper! v in the fu 'eals'r(^^ortill^' to the
I'rihylod Islands. That decision nt onn; proclaimed tlie illeualitv o the S'<iznrcs and the
liability of the United States to satisfy the claims, 'j'liat was the hi ^, of the diplomatie
negotiation for the adjustment of the claims, and I am at a loss to conceive what other
view could he taken without rlispntiiif,' the Paris Award. Nor can 1 comprehend, without
lurtbcr explanation, the meiminf,' of Senator Mori,'an's ohjcction to that ne<,'otiation as not
havini; taken i)lace '' ihroufrli the constitulional aiitlioritie-; of the United States."
llavin.LC denied (he liahility of the United States to pav com|)i'nsation, and also the
comjittency of the Unite I States' Secretary of State and of the Pritish Andiassador to
negotiate on the Huhj(!ct, thou<,'h fiilly empowered hy their respective (Jovermnents to do
so, Senator Mor-an proceeds to criticize the arrangement arrived at for the pjivment (d' a
.'Iuni|) Miin " of '125,000 dollars.
With regard to the details of Uw. claims, he states that the total amount claimed hv
Great IJritain, witii interest, is .'542,10!) dollars. Hd nr-es that the items for loss of profit's
should not he allowed, and Ik? (piotes in supjiort of his contention the decision of the
(icnova Arhitri'<ors on the snhject of prospective carninifs. lie estimates the excess
proposed to he allowed hy the Seen tary of State as (nlly 1^2,000 dollars. He state?,
further, that ten of the ships for which damages are claimed were, in fact, owned hy
citizens of (he United States, and that the amount claimed hv Pritish snlyects, less specu-
lative damages, is only 7(),'J24 dollars.
lint even this amount is, he states, excessive. Jle maintains Uiat the "personal
cli.ims" should he deducted, leaving ;5(;,2m'.) dollars. Of this sum, H^.W) dollars, he says,
is claimed for the " ilenrictta," which claim is not allowahle, us she was seized under the
modus viveuili.
Senator .Morgan's estimate, therefore, with the last-uu'ntioiK d deductions, would
reduce the indemnity tu alxmt 20,000 dollars; hut that is an improvement on the previous
cstinuite he gave in a recent speech in opposition to the payment of the claims, in
wliicli he declared that "not one shilling" was (hie (see my d(v-<| atch of the -Ith
instant).
1 will now proceed lo show in what respecis the distinguished Senator .ipprars to
have been misled in his compulation of the indcuinit v.
In the first |)lace, he is mistaken in snpjjosiiig that the total amount of tiie claims,
witii int'rcsf, was only 12,10!) dollars.
It amounted to upwards of 7^0,(100 tli)|lars, as your Lordship will see from the
synopsis of the claims which forms Inclosure 2 to this dc-puteii.
Tlie Senator would seem to b ive taken the total ;riv( n at p. 1 13 of the Congrc ■^-iollal
Papers on the suhjecf as includin.', interest, hut that is not the fact.
Moreover, the ca.se of the " Wiimilred " was snhsecpiently added, in onj. r tlial the
wliole of the claims arising out of the Pehring Sea controversv might he disposed of under
the ''lump sum " arrangement.
Tlie next misappr(dicnsion to which I would call attention relates to the mias'ire of
damages.
Senator Morgan takes exception to the inclusion in the statements of claims of tlie
items for loss of profits of the fishery season.
He would allow no coni|)cnsation whatever h)r such losses, and he (luotts licm tliC
Judgment of the Trihnnal in the (Jeneva .\rhi1 ration the well-known |iassage, to the cfhct
that no coinpensation can he awarded under tla; head ol' " prospective c^irnimrs," as they
depend " upon future and uncertain contiugeii(;ies." Hut In: omits to nuniioii that the
Tribunal did, in fact, take such losses into cntisideration in awarding a gross sum hy v,ay oi
indemnity.
The Trihunal allowed a large amount " in lieu of profits." Tiiis is shown iiv tlie
estimate of damages eontaiiud in Protocol No. 'J'.i ol' the ' leiieva Conferences, in whlcii
the decision to award the gross sum of l."),.'>"0,0UO (lollais is recorded.
In all biinilar cases " losses of jirolits" an: properly claimed, tor although they may
not he rccoverahle " under that head," they f(jrm an element of consideration, accordinig
to the circumstances of each ease, in com])ntiiig the award of a gross sum hy way of
indemnity. That was the view on which the United States' Government acted in l«7I.h
when they preferred a claim of I20,0(i(» dollars against Creat Pritain on hehalf of twenty-
two American fishing-vessels whose fishery operations had been intcrlered with by iri'dt
violence at Fortune Pay, in Newlbundlaiid.
Those claims included damages for loss of protil>, calculated on tlie average of
preceding years. Sir Kdward Thornton, then Her Majesty's Pepiesenlative at
ittii-.
iilvluiU'iK iiei." ■ Washington, objected "thatlhc.se losses were in the jiatnre cf ccniscfpiential or indirect
;.»(,.
11
i
H
■nsH"
i I
HIB
P^E
I
III
rHiHvW
»''
m^hX
*' ■
^'- r.i
fy^ '
I,
\r
\
In
'(
i' '
i
i-
♦:
a registered Uritisli vessel
iiiKlcr
32
damages, which should not be allowed." Hut it was insisted, on behalf of the United
States' Govcrnnicnl, that compensation should be |)aid for those losses, and idtimulelv
Her Majesty's Government awarded a '■ liini|) su'n," anionntini,' to two-thirds of \\[f,
original claim, thus allowing a large margin for inflated valuations and doubtful i'eiiis.
In the present case the lump sum of 'tlii'jCOO dollars, agreed on between the two
Governments, allows a still larger margin, for, if the same proporticjii of Iwo-tliirds hnd
been adopted, the lump sum of 42;'>,()(il) dollars would have been increased by I0(),iioo
dollars.
The amount of indetnnity originally claimed was reduced by no less tlnn .'500,000
dollars.
The next objection made by Senator Morgan is to the '•' personal claims," but he
gives no reason lor that objection.
It happens, however, that the damages claimed under that head were extreniolv
moderate, having regard to the citarnctcr of the acts for which redress is sought, nii 1 to
the humiliation, losses, and sufferings inilieted on iimocent jiersons in pursuit of their
lawful industry.
Senator Moigan couchides by objecting to the claim of the " Uenrittta," ou the
ground that she was seized under tlie modus vivcndi. Hut the ground of claim is that slie
was not handed i i 'ifter -eizure to the British authorities, as prescribed by the woi.'u.v
viveiidi, and was dci..i il at Sitka until she became valueless (roui deterioration.
Hut of all tlic unlhnnded objections which have been ure:ed a;,^ainst the claims, that whicli
seems to have made the greatest impression on the public mind is the statement that iin;st
of the vessels on heha!! of which the claims arc made were in fact owned by persons whom
Senator Morgan stiL'teatized in the Senate as "recalcitrant and rascally .Americans, who
hired themselves eut to the British flag to rob the (Jovernmeiit of the United States, and
to violate its laws and dishonour the country." (Sec my despatch of the 4th instant.)
'iT.ese vitu|icrati\e epithets are quite umnerited, and J will proceed to show that the
objection in (juestion is not well founded in fact, and ai'iiarcntly is based on a mistiikcn
view of the British navigation laws.
By British law no alien can hold any share in
penalty of lorlci'.ure o! the vessel t) the Crown.
The owner ul' the vessel may mortgage her to an alien, but he does not therehv puit
with iiis ]iioi)erty in the vessel, lie only makes her a security for the loan.
Section 70 of the Mcrciianl >liipi)ing Act provides as Ibllows : —
" A mortgiigee shall not by reason of his mortgage be deemed to be the owLier of a
ship or any sliaie therein, iwir shall the mortgagor be deemed to have ceased to be tiie
owner of such mortgaged ship or share, except in so lar as may be necessary for maidii:'
such ship or siiare availai)le as a security for the mortgage debt."
It is not improbable that in some cases the owncis of British sealing-vesseU mav liuvc
borrowed money from United States' citi/.'.Mis for the purpose of the season's cMpiipnunt
and vi'uture, and that they may have mortgaged their \essels to American citizens as
collateral sec\nity for the loan.
But they renuuu liable to the lender for the amount of t!.o loan, though their vessel
has been illegally seized and their venture has resulted in a loss, owing to such ilicuiij
seizure. On what e.'tieei.abic ground of ju>tiee or re.isou are they to be deprived of com:-
jii-n.-ation because pan ol' the amount awarded may be applied by them in satisfaction ufa
loan flue by them to an American citizen r
Why should that American citizen lie calle;! "a rascal"? What law has he violatid
by advancing Uioney for the prosuution of a lawful Canadian industry carried on by
Canadians in Canadian vessels r In .vhat respect has the United States' (JoveruMKnt
been " robbed," considering that it has no ju'operly in the fur-seal, as was solemnly
adjudj;e(l and declared by the Tribunal of .Arbitration at Bans ?
These arc (pies' ions which, I submit, can only be reasonably answered in a sense
absolutely fatal to Senator Morgan's ront^iitions.
Ikloreover, the principal alleged transgressor referred to, whose name is Hoscowitz,
has denied that he is an Anurican citizen.
The British tlag and the law of nations have been violated on the high seas, and it
appeals to me that in assessing the indciimity to the private individuals who were the
victims of the great wrong so oonunitled, any inquiry into the sources of the capitiil
invested in the lawful industry pursued by the vessel at the time of seizui'e is out of plaee
and inadirdssihle.
As regards the \>;bsels themselves, even if some of thdu, as contended by Senator
Morgan, were owned or partly owned by citizens of the United States (which I have
shown could not be the ca^e under the law cf the flag), such vessels became liibie io
:{;}
itisU vcssul. iiiidti
he forfeited to the Uritisli Crown, and the Uiiitod States' GovcnincMit, l)y whom tiicy
were wrongfully -izcd, would be bound to restore tlieiii or their value to Her .Majesty'.^
Government for tnc purposes of such forfeiture.
It will be seen from the above explanations that Senator Morgan's objections to the
payment of the " lump sum " agreed upon are based in a great measure on misapprehen-
sions of fact, and, 1 would add with all ic-pect, on an erroneous view of tlie rii;bts of
Great Britain and of the obligations of the United States resuitinj,' from the Beliring Sea
Treaty of Arbitration and the Paris Award.
As your Lordship is aware. Senator Morgan is the Cliairinan of the Senate Com-
mittee on Foreign Relations, and was one of the two members representing^ the U'.iited
States' Government on the Behring Sea Triliunal of Arbitration.
It is not surprising that persir,tent denunciations from sueli a (juarler auiaiiist the
diplomatic arrangement concluded between the two Governments siiould luive prejudiced
Congress and the public against it. Moreover, tjie great pressure of business and the «t'ong
party feeling which marked the close of tiic Session rendered it impossible to obtain a fair
and dispassionate consideration of tiie question.
Much as the delay in the final settlement is to be deplored, I have too much c;)ulidencc
in the great qualities of the American people to doubt that it will be ultimately adjusted on
a sound and honourable basis.
In a previous despatch I reminded yoiu" I.ordsiiip of the assurance given to me
bv Mr. Blaine at the commencement of the negotiations w hich led to the Paris Arbitration,
"that his Government would not wish tluit private individuals who bad acted hondjide
in the belief that they were excrcisinfi; their lawful rights should be the victims of a grave
dispute between two great countries which had luippiiy been adjusted."
The President and the Secretary of State adopted the same view and were animated
throughout the negotiations for the settlement ot the claims by the highest sentiments
of honour and justice. I am not without ho[)e that wiieii the cloud which now obscures
the true merits of the case has been dispelled, Congress may yet confirm the arrangement
made between the two Governments as an equitable and hap[)y solution of a tedious and
irritating controversy.
I have, &e.
(Signed) JULIAN PAUNClil-VyrE.
iJi
fm
J
Inclosure 1 in No. t2.
eriean citizen? ;is
Extract from the " Niw York Tribune" of March 9, 1895.
(Piy telegraph to the "Tribune.")
Wasbbujton, March H, 1895.
CHAIRMAN Morgan, of the Senate Counnittee on Foreign Relations, was a
member of the Behring Sea Tribunal of Arbitration, and there is no man living wlio
possesses a more tliorou:xh and accurate knowledge of the matters discussed or the
conclusions and awards of the Tribunal than he does. It is by no means singular that
he should denounce the claims of alleged British subjects on account of damages as
"preposterous," in view of the facts which have already been disclosed in tlie debate iu
Ihe House of Representatives, as well as in these despatches. lint it is exceedingly
significant, to say the least, that Senator Morgan, a Democrat, should in effect declare that
tliis Administration, and not the Paris Tribunal, is ies{)onsil)le for the slaughter of the
seals by poachers during the last two years.
Senator Morgan's statement, which is herewith re|)roduced, strongly suggests either
that the C'leveland Administration was hoodwinked by the Representatives of Great
Britain, whose constniction of the decision of the Tribunal of Arbitration was accepted by
it, or tiiat it was willing to sacrifice whatever advantage the United Slates might have
gained under that decision for the sake of casting discredit upon the Administration which
a;:iced to submit the matters in controversy to such a Tribunal. The statement of Senator
Morgan's views is as follows ; — , v a \ ■ ■
" A very mistaken view of this matter is entertained. Tiie Treaty ot Arbitration was
signed the 29th February, 1892, and t\\o modus vivendi of 18U2 was signed on the I8lh
April of that year. They were ratified by the Senate as parts of the same Treaty, and
were proclaimed by the President on the same day, the 9th May, 1892. Article VIII o(
the Treaty of February 1892 says that the High Contracting Parties, having found them-
[288]
9
: St., «
' r I
84
selves unable to at^ice ii|)i)U a reference wliieli slinll iiielutle tiie question of the lialnlitv
of eiu'ii (or the injuries allei;eil to have been sustiiined by the other, or by its citizens, iii
eonneelioM with the ehiiins presented or made by it, and bein^ solicitous that this subordiimte
question should not interrupt or hunger delay the sul)niission and determination (,!' tim
main (jneslion, do airree liiat cither may sid)init to the Arbitrators any <pie.ition df fuct
involved in such claim, and ask for a tindiiif^ thereon, the question of the liability of
either (Joverninent upon the farts found to be the subject of further ne^^otiulions.
Arliele V of the Treaty of April IS'J2 stipulates that if the result of the Arbitration !>«
t') allirm tiie riuht of iiritish scalers to take seals in Behring Sea within the hunnils
claimed by the United States, then eonipensa'ion shall be made for abstaininj,' from the
exercise of thai ri);ht durinj; the pi ndeney of the Arbitration upon the basis of sucii n
regulated and limited catch as in tlie opinion o( the Arbitrators nnjjbt have been tuiicii
witiiout an undue (liniiiiution of the seal herd, [f the result of the Arbitration denied the
Hrilish rights, tluii compensation was to be made by (Jreat Britain to the United States,
The amount awarded, if any, was to be promptly [)aid.
'' It was not questioned and could not be disputed that the two Treaties, though tliev
were siiiued at diflercnt times, constituted one entire Agreement. Article VIII of the
Treaty of February ISO:^ oidy bound tiie two Governments to a 'further negotiation'
as to the matters therein referred to, and left 'the (luestion of the liability of cither
» Jovernment on the facts found to be the subject of further negotiation.' In executio;i
of tliis Article, the Agents of the two Governments agreed upon a state of facts wliich the
Tribunal found to be true and entered it of record. That statement of facts lucludeil oiilv
the nanus of twenty sealiug-vcsscls that were seized by the United States. TI?e Triininil
had no authority to pass upon any question touching the liability of the United States for
having made such seizures. That matter was left where A: tide VIII of the Treaty left it.
The United States has not agreed to arbitrate any .-ueb claim or demand, and have neviT
admitted any liability to Great !?ritain connected \»ltii any such claim or demand. Tlicv
havj (nilya^M'eed to negotiate resj)ecting it, expressly reserving the question of such liubilitv
as (he subject of such negotiation.
"I am only insisting that tiie negotiations siiall take |)lacc through the constitutional
authorities of the United States, and that it siiall not be evaded by a scheme to create bv
Act of Congress a Connnission that will settle the ipiestion without any uegotiatii)!!.
dutige Blodgett, one of the Counsel of the United States, presented an argu;nent bclbictiic
Tribunal to .-,liow that u|)oii the widest basis of demand (ireat Britain had claimed, im
decree upon the facts could award Great Britain any damages for alleged wi'ongs com-
mitted liy the United States. That argument was not answered, nor was any effort iniiiic
to answi I. It stands to-day as a perfect answer to the claim set up by Great Brit^iiu, La-oi
upon the fal>e assumption that the United States were bound by Ihc Award of the
Tribunal of .\ibitratioii, or by agreement, or by law, justice, or equity to pay any part ut
the deniand."
Mr. Morijdii then gave in detail the names of the vessels and the claims made on tliiir
behalf, wliicii was the statement he desired to include in the record, but whieli was shut
out by .Mr. 'i'urpie's objection. The claims siiowed that the amount claimed by (Inat
Britain with interest was ,'i42,lG!) dol. 2{i c. ; the amount proposed to be allowed by
Si'eretary Gresham was 425,0('0 dollars. Mr. .Morgan said that the schedule of elaiins
lor each vessel contained an item designated variously as " jirobablo eatch," " balaiue of
catch," "estimated balance of catch," &c. These were clearly prospective profits ur
speculative damages, and were all based on luture or contingent occurrences, forming no
basis of face on which an equitable tinding as to amount of damages could be predicated.
They should not be allowed. Similar claims were presented by the United States to tiie
Arbitrators of the ".Mabania" Claims in I87'i at Geneva, and in their decision they sii\ :
" \nd whereas prospective earnings cannot properly be made the subject of conqieosiaion,
inasmuch as they depend in their nature upon future and uncertain contingencies, tlie
Tribunal is unanimously of the opinion that there is no ground for awarding to the United
States any sum by way of indemnity under this head."
-Mr. .Morgan estimated that the excess proposed to be allowed by Secretary Gresham
was fully 18'i,00() dollars. He added:—
" The above figures and comparisons are based entirely upon the supposition that
every vessel ineludcd in the schedule of claims submitted by Sir Julian Pauncefotc was
owned by a British subject. It apjiears, however, from the United States' Counter-Case
submitted to the Behring Sea Tribunal of Arbitration at Taris, that ten vessels were in faet
owned by eiti/ens of the United States."
He figured up the general result as follows : —
Total amount claimed by Great Britain, 542,109 del. 42 c.; total amount of claims of
ion of tlie liability
1' by its citizens, in
lilt tills siil)()niiiiato
teriniimtioii nf tin;
ly (lucitioii of I'iict
of till' liiiiiility of
I'tlier iiL'f^otiiitioiis.
tiio Arbitnitioii bj
within tli(! huuiids
ibstaininj,' from the
[lie basis oi' such a
lit have been tirKi:i
)itratioii (k-nii'ii the
I be United Stutes,
eaties, tlioiigh tliey
Article VII r of tl'e
irtlicr negotiation'
! liability of eitlicr
ion.' In oxcciiti(i;i
l; of facts which the
facts liiclii(io(l niilv
tes. Ti>e Tiihmiil
e United States for
f the Treaty lel'i it,
nd, and have never
or deniand. 'Pluv
ion of such liability
li the constitutional
ich.cnic to create by
it any iiegotiatin:),
argument before the
in had claiiiiecl, nu
lli't;ed wi'iiiius CO!!:-
as any effort iiKiile
eat Brit^iiii, based
le Award of the
to pay any part of
nis made on their
lut which was shut
claimed by (li\:it
to be allowed by
schedule of claims
Itch," " balance of
lective profits or
enees, foriniiiir iio
ould be predicated.
litcd States to the
decision they say;
it of conipeusiition,
contingencies, the
•ding to the United
Secretary Greshani
c supposition that
Pauncefote was
atcs' Counter-Case
vessels were in fact
mount of claims of
a
I'nitcd States' cit''<ons jircaented. .'jr)9,8:.;» dol. S!) c. ; balance rcsultinf--, h.iii- amount
cluimcd by British owners. lS2,.'n.'i dol. .j:} c. But of this amount claimed hv British
subjects, speculative diimau'cs are included to the amount of lll,:5;)l dollars, thus
leavini; the amount claimed by Hritish subjects, less speculative dimiai];es, 70,9Li4 dol. ')'\ c
The total amount of claims of British siiiijcets, which, as Mr. Morgan eon^piuls, could
)iossibly Ih> recovered, amounts in all to 7ii,924 doliars. But even thi^ sum. which is
.j7l,'Jl-t dollars less than the British claim presented and .".')l,i)7'i dnlbirs less than .lu
iimounl the Secretary of State proposes to irivc in settlement, is undouhieilly exc-ssive.
Of liiat amount, .'M,t)l<(j dollars is for "personal claims," and in all prohaliil'ity some of
these claimants are citizens of the United States or some other e(.uiitiy, wlibh Vacl could
Sc established by inve.-ti;;ation. Deduciiiii; the "personal claims'" from 70,'.)L' I doilars,
there is lelt, as Mr. Mora:an says, .".(j.iilsO dollars. Uf this sum, 1(;,.")()() dollars afpears as
the claim of the "Henrietta" (less siiceubitive daiiia,i,'es). The "Henrietta" was seized
in I3elirin<,'_Sea in September l.'=*"JL', under tiie provisions of the mnrliis rircnui, and there-
foie no claim is allowable. But even if allowable it sliows its " padded " character, from
the (net that there is a claim for an "estimated catch" in Behrim; Sen when senliii:^^ was
not allowed there, and the season was over at the time of the seizure.
Senator Morgan thcrelore concludes that Creat Britain claims the simi of
542,101) dollars, and that the amount due, with interest, is only !t(),l(>2 dollars, aiaiunu; an
excess in the claims without interest over the amount due with, interest of 1 Ki.OOfi iloliars.
The Secretary of State proposed to allow 425,(tUit dollars, which is liy this account,
iiccordiiii: to Senator Morgan's figures, .'528,N!)7 dollars in excess ol' the total amount due
to Biitish subjects with the interest computed.
"When the Government of the United States," said .N'r. .\lor;jfaii, in conclusion,
"has made no Agreement and no admission of any iiidclitediR.is to (!ie;it Biilain on
account of any of these claims, and has not admitted any jMin'jiple on which the claim of
(ircat Britain is based, I must insist that these matters should he discussed in the negotia-
tions that the two Governments are bound to conduct. I could not aLrree that >nceiilativc
hould
lie
iiicluderl in the
aeeimnts, unle-^- that is
develop mio the
jirolits or dama<fes or jiersoiial claim-
in accordance with tlic laws of nations. Such a precc<lent would siioii
iiinst hitter and violent contentions hetweei! nations.
'•Tnder Article V of the mndits virrmli of ISO'i nothing was claimed by eiilur parly,
p.nil the Tribunal of Arbitration mad'/ no Award upon that Article. It was not proposi'd,
;i:;(l 1, at least, understood fhtit it was abandoned. I have said nothiiiir about llii' causes
that have led to the alleged inereaied destruction of seals in IS'.lf, 1 do uoi credit those
statements. I am choroiighly satisfied that if .-uedi increased destruction has occurred, or
it the number of seals killed was not i^reatly reduced in l^'.)f below t!.e number isilleil in
IS'.II and ]S!)2, the slaughter is due to the iuefheient regulations to cany out the eon-
current regulations established in the .Award "f the Arbitrators."
Inclosuie 2 in .No. i2.
SVNOI'SIS 01' ('l.AI.MS.
ISSfi.
( 'laims . .
Added claim uf " lUack Diamond "
Intercut at 7 per cent, to 18!it (S year'*
18S7.
Clnims ,, ..
Additionnl claim of " Ads "
liitmst at 7 per cent, to 18!)! (7 vchih)
Dol. c.
',<;M()0 .17
7,0(10 m
loc.'.ioo :;7
.^'J,8(il -io
l(i(),7ri4 57
•jorj.oiis 11
.1,000 00
20s,oiis 1 1
lOl/.lOK 07
;ilo,otJii is
\:>:\H]
•ii
I. 1 ;,
; - J- 1 ?i<. 'i
r I
, t
'■'''■ ■•'If I!?!"'
■Mm- ^1'.
. f": ■■ ' ■ ■ :«
86
ISHO.
C'laiiii«i . . , .
Additional clnim of '' Juunitu "
Interest at 7 per cent, to 1894 (7 yours)
l;)J,6f>3 00
;),002 (16
1890.
Cliiinin . . . . . . . . . .
Interest at 7 per cent, to 1894 (4 yearn) . .
1892.
"Henrietta"
Interest at 7 jier cent, to 1894 (2 years)
I3.'.,tin.5
47,482
tiO
G8
183,148 t>l
Dol.
2,000
500
c.
00
ou
2,560
00
Uk.sum^,.
1881)
1887
1889
1890
1892
" Winnifred ' . .
Costs of suit in re " \V. P. S.iyvvard "
Total ..
26,658 00
3,732 12
30,390 12
Dol. c.
166,764 57
319,066 18
183,148 64
2,500 00
30,390 12
692,929 51
30,390 12
62,847 12
786,166 75
The claim of tlie " Winnifred," which occurred in 1891, is added, though the
particuliirs were not furnished. It was ai»iced that it should be covered by the"!uiii|i
sum," and as the case is similar to that of the "Henrietta," whose cl.iini amounted to a
little over ,'50,000 dollars, it was put down rouijhiy <tt the satne amount.
No, 43.
Sir J. Paunrofnlp to the Earl of Kimherlvy. — {Received March .30.)
My Lord,
Washington, March 19, IROr..
IN my despatch of the loth instant I had the honour to lay before your lioni^'i)!
my views on the sidycet of the refusal by Congress to vote the appropriation m
425,000 dollars in satisfaction of the Behriiif? Sea claims, and my observiitioiis on llie
objections raised by Senator .Morgan to the "luirp sum " arranj;ement, I ventiirt' in
8upplemcnt tliat despatch with the following additional remarks on the Senator's state-
niont that the I'nited States" (Joveinment had never admitted their liability to pay tlio-c
claims.
I observed in that despatch that the Award of the Paris Arbitration proclaimcil tin
illegality of the seizures, and the liability of the United States to .sati^fy the cl;iiiib
liiii, if any admi.«sion of liability were necessary, it is to be found, at least in principle,
in Article 5 of tiie Hindus livendi of 1892, which was signed contemporaneously with tht
Treaty of Arbitration.
U itier the modus livendi of 1891 the IJritish sealers were compensated by tlieii
oun (jovernmeiit for their loss of profits consequent on their abstention from pi-la^nt
sealing during t^ut sea-oii.
:i7
las.tifi.'i
•»7,4H'J
tl(i
183,148 til
Dol.
•j.ono
fltlO
c.
00
ou
2,860 00
I'nder the TMnua vkendi of 181)2 (Articlo 5) it wuh provided that, if the result of
,V St^iT%iwn should be to aflinn the rio-lit of the \\r\{\A\ scalers to tnke seals in
YA^rM% Se.1, similar compeusnlion as (Ikmimii definetl nliould he paid to them hy the
i'lijJ**! JfJater*' Government.
If lh« British sealers wore IhuH iicld cntitlrd to o,)mi)cnsa(io:i f..r ah^taininjr from
ibf fwnnil of thfir lawful industry uiitlci the ai)ove voluiilar\ and amicalde anan','C-
uxBt. how mnch greater is their elaim to such coni|>i'iiMi(ion for* tlie iirevioiis dcprivatfon
ii thtir ji»t right-* l)y force and violence. The two (;<)vernments, at the arhitration,
nirtyi ifveir resj)ectiv<! claims lo compcusalion under Article 5 itf the mo'lus firnidi
(rf l-ifrj. for reasons given in the rc|i;)rt of the jtrocecding-. of tlie :U^t May
(fij». IMfl JW), Fiut those reasons in no way militate against mv pro.scnt contention ;
i.LiifT jalher confirm it.
It » true that, as stated in Article VIII of the Treaty <f Arhitration, the High
C^ntfaetiB? Particn found themselves unahle to agree upoii a reference which should
iuriud'C the qncation of their rcspc<'tive lialiililies to each other.
}Ut Ihc rea.son was not that any dispute arose as to the liability of the United
SMi<i>' CIo»eniment to pay compensation lor the illegal seizures of Hriti'sh vessels in the
ti«a8 olf ibe decision of tuo Arbitrators being adverse to them on the f|ucstion of the
iuri-v:flMwi«l_ rights of th(! United State>. The sole rcas<m for which the High Con-
trurtang; Parties found themselves unable to agree on the (inc>lion of liability was that
lU' United State-.' (lovennnent claimed, in tiu' event of tlie Award being in tiieir favour,
lK> jewier Great Britain lialde for losses resulting from the wrongful ai-tion of persons
fAfSvntfide P.ritish jurisdiction under the Biilisli fiaL', a doctrine which it would he
imjio^tbllc for Her .Majesty's (Jovernment to accept. (See Tj<rd Salislmrv's telegram
(iflW rjth August, 1S'JI.»)
I maj add, in conclusion, that during the negotiations for the " lump sum "
anaiiSftncnt the Secretary of State entirely shared the views above expressed as to
iLe *ijiufi«ince of .\rticie 5 of the moda-! rirmdi o\' 1S!I2 in relation to the measure of
(iamisM.
I have, »tc.
(Signed) .lULlAX PAUNCEFOTE.
• u
No. 44.
Sir J. Panncefotp to llir Ear! of l\iiiil)irlrii.-~{ncceivc(l April I", 7 V.M.)
iTilczraphie.) Wnshitujton, April 17, 1895.
BKIIRING SKA Claisus Convention.
C'anaiJbn Govcrnmcp.t owing to meeting of Dominion Parliament to-morrow have
cicckJp'II to jvostpone resumption of negotiations and vinit of their Delegates to '^Vasliington
i.'ivJ ;:ftiw promgation.
Ko. 4.").
.<»••/. Paiinci'fote lo the Earl of Kimln'rlcii.— {Received April '2^).)
Mr Ijrtni. IVashinyton, April If), 1895.
VilTH retVrence to the resumption of negotiations tor tiie lieliring Sea Claims
( tin*™? ion, and to the proposed visit of Canadian Delegates to Washington in connection
lht«-»iib, i have tlie honour to rei)ort that, immediately on riccipt oj your Lordship's
1.tle-7ii|i&:Mr instnictior.s of the iUh ultimo, 1 couununieated with the Coveruor-Geucral of
Caaawla a* to the date ol the visit of the Delegates.
t)n the !.'*th ultimo the Covernor-CJeneral replied to the effect that the Canadian
GHtirantient were most anxious for an early settlement of the Ik-hring Sea claims, and
tbat lilae Mijiwtry were ready to send Representatives without delay.
t>n the :imh altimo 1 informed the tiovcrnoi-General of the readiness of the United
H-dU-*' Gmetumcnl to resume negotiations for a Treaty to he submitted to the Senate at the
nest uartttng of Congress, but 1 added that the Secretary of State had not recovered from
bi>; ittcot itincsst, and that he had liecn advised to leave Washington for a short time.
\t;refllMrka», iMr. Gresliani would proceed at once, it desired, with the negotiations.
I -i !
SJTO ■ lliiilcil states No. :! (lt.O>)." No. l-'J.
88
1 received no furtlior coiiiimmicntion from tlic Govumui-Goiiomi until lliu'itli iii-,taiit,
wlii'ii Iii8 Kxcclluiipy inl'uriiicd mv, by tcli'^iaiii, tliiit his Aliiiitttcrs sug,L;u.sti(l tlmt tlit
Cuiifert'iicu siiuiild take placu at uucu so us to ciiubic tlic Delegates tu return to Oltuw,,
belurc tiie uueting ot tlie Duiiiinion i'ariiaiiient, wiiieli would take pluco cmi t|ir
iHtli instant.
Mr. (jresiniin was then abtieiit from WnsliinKton, but I called on him imniediuuiy
on i is return, and I ascertained from liim that while the President was (|uitc svillini;' il,at
the negotiations should proceed at once, if sueli was tiie desire ol' the Cunadiaik (iovcrii'
inent, still, in view of the shorl time now at Iho disposal ul llie Delegates belure the inuulin"
of Pariiaiiieiit, an 1 of other considerations, he tlioiiy;lit it would be of udvaiitayi to iltin
the negotiations to the later period.
1 so informed the (u)veriior-(ieiieial, by tilejjram, on Ihc 10th instant, ami ycsteiduy,
the 15th, I received a re|)ly from hia K\celleney, to the elFeet tiiut, owinjj to t!ie iiiecliii-
of tiie Canadian Parliament on tlie LStli instant, the Dominion (iovermnent prefer to Imu.
the vihil of tiieir Deiej^utes to Washington delerred until after the Session.
1 Imvc so inlbrined .Mr. (iresham.
I have, &c.
(Sii,med) JUMAX PAUNCKI'OTi;.
No. to.
!. TliP Miirqiies^ of Sulishurii In i<ir ./. Piiinircl'olv.
Sir, J'^orriyii ()/J!rr, Amjuxt .'I!, IMC,
lOUll Jixcolleney's despatches of tiio 2StIi February 'ast and ot (he l(h, .'ilji,
loth, and IJUli March relative to the claims for eoiiipensation iVom tlio I'nitol
States on account of the seizure of J>rltish sealiiit^'-vessels in Hehrini,' Sea were duly
received, and have been read witli careful attention.
T need scarcely say that the aru'iiineiif-i which you hriiiLT forward in support of tlic
validity of those elauns havi; the entire approval and eiiiu'urrenee of Her .Majesty's
(ioverninenl. The attempt made by Senator ^fortran to dispute them s(>eins to lie
lari^ely founded on niisappreliensiou, and Ww Majesty's (iovcrnnie'it cannot dniilit
that when the full facts are iielore tlic public in the riiite;! Slates, the li:ihility u{
that country to make ccnnpensatioii, which has never been denied by (he (iovermiicnt,
uiU hi' i^ciirrally reeoi^'uized both in and outside of Coni,'ress.
As your K.vcelleney will shortly be I'cturninu: to your ])()st, ! transmit to you
herewith* lor such use as you may ilnd convenient, a .MeuioranduiM, settinu; out ;it
somewhat irreater length some of the points in support of the claims to which ynu
have alluded in your despatches ;ihove referred to.
r am. &c.
(Sii^'iied) SALTSMUKV.
IncloHure in No. t(i.
Mt'inunniduiii.
THE statement communicated to the press by Houator Morgan entirely iirnoics
the fact that the five (|Uostions sul)mitted to the Arbitrators in accordance witli
Article A^[ of the Treaty of the 'JiMh February. 1S'.)2, embodied the whole ol tlio
"•roiuuls urged on hehalf of the United Stntes' rrovernn^ent in justilleation of the
seizures out of which the claims arise. This is abundantly clear, iu)t only from
the correspcnulence which h-d to the framing of thi'se (piestions, but also from the
proceedings of the Tribunal.
^Ir. JJlaine, in the course of his first conversation with Sir.!. Pauncefote on tlic
subject of the seal iishcries, as reported in the despatch to Lord Salisbury of the
1st November, 1S81). st.atcul :—
" .\s regards compensation, if an ai»i''*<'iii<''il shmild he arrived at, ho felt sure
11i;it his (iovermnent would not wish that private individuals who had acted /(o/k/ /(>/'■
i:i the beli(>f that they were exercising their laufnl rights should be the victims of ;i
U'vave disput{> between two great countries, wliieh bad happily been adjusted, lb'
'AUNCKI-OTIv
S.VLT8IUJI!V
Hiis not without liojic, tlicrcfoiT, that IIk- wishes I Imd cxpiv^scd mi;,'ht l)c met, and
tii;il all nw^ht he arraiit,'(!(l in a maimer wiiidi should iiivolv<! uo hiiiniiiiition on ••ithcr
sIiIp."
Ill a siilistMinciit <'oiiversa(ioii on lli.' siil)ji-ct of i'oni|)(>nsiiliuii im the 2(lth !)p<MMn-
|„.r, Sir. I. Paunccfotc reports Mr. lUaine lo have staled that "on furtiier roiisideration,
li,. Iiad decided to reply t(» my protest, in order to piaeo on record bel'ore the world
til,. |)nrise i^'roniids npoi\ wliicli the I'liited .Stales' (lovernmenf justify the sei/.uro
,ittiie Can.adia?! vessels, so that any (•oiiipciisalion which may he lii-anted may not he
iiiterpreteil as an admissioji of wroni,'."
'rhese ^Mojuids of justillcalion wore accord inijly set forth in 'Mr. Ulaine's note to
^Sir.l. I'auncel'ote of the L'2iid January, Is'.M), and !'im])!ilied and roitorated in his later
notes of the .'iOlh June and the 17th DecemlxT in the same year. In the last of theso
notes he sunimcd titcm up in the lorrii of quest iot\s for arbitmtion, which were
sulistanlially the (juostions propounded to ,'a.- Arljilrators, and decided hy them against
the Tiiited States.
'riiouufh, on the face of them, these (juestioTis do not refer to the question of
ihinaires it ix ohvious that Ihe Arhilratora, in deeidint!; that the j,'rounds upon which
the Inited States based its e|aim to reijulate the seal iish(«ries were unfounded, at the
miiiic lini(< decided that the justilication for the seizure of Hritish vessels, which was
liascd on these jj;roim(ls, was unfounded.
The seizures were, in fact, formal ads of the United States' Government in the
exercise of the rit,'hts and jurisdiction which they claimed, and the Tribunal, in declaring
that they had no title to such riy;hts and jurisiiiction, necessarily declared that the loss
anil injury inllieted on Uritish subjects, in pursuance of those ri^'hts and jurisdiction,
were unwarranted, and :is they also fovunl that the seizures " were made by the
authority of the United States' (lov<<rnmen1," their decision was a declaration that the
I'uitid Stall's' (joverinueni, haviny; inllieted an unwarranted wroni,', were liable to pay
compensation for such wronir.
That this was llie view ot the Arbitrators and of those uni,'iiii;ed in eonductinii; the
case on behalf of the United St.ales' {Jovernment is clear from tlie proceedings of the
Triiiunal.
The 5th Article of the I'iiid nt,' of I'aels submiited to the Tril)uiial by the United
''tales' Ai,'ent as an alternalive to the liudint; proposed by the Jh'itish A^'cnt, as
ivpiirtcd at p. lloS of the l'roceedinf,'s, was "that the said si>veral s(>arches, seizures,
cundenmations, conliseations, lines, iniprisonnn;nls, and ordiMs were not made, imposed,
r L;iven under any claim or assertion of ri^'ht or jurisdiction except such as is
>;ul)niitted to the decision of the Arbitratovs in Article IV of the Tro:ity of
u. titration."
The lindings Unally proposed by the Agent of Great JU'itain, and agreed to as
proved by the Agent for tin; United States, and submitted to the Tribunal for its
consideration, and i'ound by them unanimously (including Senator Morgan, Un.'relorej
to be true, were as follows : —
"Finding of Facts pro])osed by the Agent of (ircat Uritain, and agreed lo as
proved by the Agent for the United States, and submitted lo the Tribunal of
Arbitration for its consideration.
" 1. That the several searches and seizures, wheth(>r of ships or goods, and the
several arrests of masters and crews, respectively mentioned in the Scheduh; to the
Uritish Case, pp. 1 to (iO inclusive, Avere made by the authority of the United States'
Government. The ([Uestions as to the value of the said vessels or their contents, or
cither of them, and the (juestion as to whelher the vessels nu'ntioned in the Schedule
to the Jkitish Case, or any of them, were wholly or in part the actual property of
citizens of the United States, have been withdrawn from ami have not been considered
by the Tribunal, it being nndei-stood that it is open to the Uniti'd States to raise these
i|'ucstions, or any of them, if they thiidv lit, in any future negotiations as to the
liability of the United States' Uovermnent to pay the amounts mcnti(nied in the
Schedule to the liritish Case.
" 2. That the seizures aforesaid, with the exception of the ' I'atlitinder,' seized at
Neah Hay, wen; made in Hehring Sea at the distances from shoic mentioned in the
Schedule annexed hereto, mju'keil (C).
" 3. That the said several searches and seizures of vessels were made by public
armed vessels of the United Stales, the Commanders of which liad, at the several
times when they wore made, from the Executive l)ei)nrtment of the CJovernment of
■Sw
M
40
the Uiiitrd Stjites, iustriu'tions, a c-opy of one of v.iiidi is aniifxcd lierolo, iiiiuki'd lAj,
and fliaf tlic others 'von', in all substantial rc's|u'fts, the same. 'I'liat in ai! iln
instant'cs in wiiicli proccodini^s were had in llif District ('Dnrts of t!ic i'iiit,.il
States r(>sultin^ in i'on(h';nnatioii, MU"!i piwccdin^'s wcro hcicmi liy the lilins,' ol" lil)..l^
a t'0|)y of oni- ofwiii<'!i is annexed JK-rcti), inarki'd (H), and tliat llif libels in tlien.lur
l)roc'eedin;»s were in all substantial rospeets the same; (!<at the alleged aels or olVciin,
for whieh said several searches and seizun-s were made wen; in eaeh ease doiu' dr
conimitted in Uelirinif Sea al. the distances fi-om sli(.re aforesaid; and that in ciuii
ease in whieii sentent-e of .'ondemnation was passed, except in those cases when tin
A'essels were ivleased after eondeiiination, the seizure was adoi)led by the liosi'mimnt
of the I'nited States; aid in tluise cases in which the V(«sscls uerc released the sci/iirc
was made by the authority of the United States; that the said lines and imprisniiniriii>
were for allei^ed breaches of the municipal laws of the IJidted Stales, wliicli ;illc.;c,l
breaches were wludly coniniilted in Ik'hrinu; Sea at the distances fronj the sli,:-,,
aforesaid.
"1. That the several orders rientioned in the .Scheibdc annexed iieretn. .imj
marked ({'). warniui;' \essels to leave or not to enter Mehring Sea, were madi- by piililic
ariniil vi-ssels of the I'liiled States, the C.'omniandcrs of which had. at the sivcral
times when tlit>y were ii;iven, like instructions as mentioned in Findiu',; '.\, and ti>;ii
the \esM'',s Ml warned wen- ciigaLicil in sealiii!; m- prosecutinu^ voya;,'es for thai pui|iiis>,
ami that sindi aclinn was adopted by ilic (iovernment of the I'nilid States.
"."«. 'I'liat. iiie District Courts .il' the United States in which any prue('i'iiiii->
were had or taken lor t'lc purpose of I'ondemniu'j; any vessel seized as mcniioiicil m
the Schedule to the Ca ' of Cireat Britain, pp. I to CO inidusive, had all the jniisilir.
lion and ])owers of Courts of Admiralty, ineludinic the prize jurisdiction, but tlial ii,
eaeh case the sentence prououueed bv the Court was based upon the ^^.-nuuls set luiili
iu the libel."*
P|-hI
It will be observed from these lindinirs that the (|uestion of justifietition w.i-
reirarded iis eonclusivelv settled hv the decision of the five iiuestions. and that the milv
nejj:otiations e.ia'emplated w(>re " iieijotiations as to the liali'lity of the United St;\lt>'
(ioMrnnieiit to pay the.-miounts mciilioned in the Schedule ((!) to the Uritish ('a>,,'
not simply iie;,'oiial ions as to llie lialiilily of the United '.itates' (iovernmcnt In |ki\
c.iniponsalion al all; and, fcu'ther, that tln^ only n-servat ions ma(K> on behalf ol' tii,
United Slates' (iovenimiMil were "the (|uestioiis as to the value of the said vessels or
tlieir contents, or eiliicruf tlicm, and tlie (piestion as 'o whet her the vessels nn'iitiiinnl
in the Seliedule to the Krilish Case, or any of liiem, were wholly or in pari the aclu.il
propi'ity of citiz.'iis of ihe United States."
The eminent lawyers juid statesmen charged with the eoiidu<( of the I'liii'i
States' Case certainly never eonteniplated that Ihe decision of (he .\rbitniti>rs woiiid
not be accepted as (Mntdudiiii.: the liability of the l'hit<'d Stales except in reuMi'i! t'l
the jiolnts e\|)ie>sly roseived in the Uindings ol l''acts,
Mr. -M' raan is alleired to have stated that the argument submill.-d to tin'
Tribunal by .Indue Klodgctt, one of the United States' ('(Uiiisel, '"stands to-day :in a
lii-rfect answer lo the claim set u)) by (ireat Britain, lia.';ed tiiion the false assniiiiiiiiui
that the Uniled S|;itis were bound by the Award of the Trilnuial of Arbitration, or In
agreement. <ir by l.iw, justice, oi cfpiii .• to jiay any pan of the i!i laand." But nn ilw
very lirst page of that argument Mr. Blodgctt says: "We, however, pri>f;><'e what \\i'
]i,i\i tit sulimil iin this filature of tiieea.se l,\v saying that, if il shall be Iwdd by liii-
Tribunal lliat these scizuit's and interferei.ces willi Brilisli vessels wt're wroo',' .'tiKl
unJMstili.abie under the laws and principles applie.ilile thereto, tlien it would iuit bo
becoming in onv nation to contest tliose eliinis. so far .t, tiic_\ are just and within tlw
fair ammuil of the damages actually sns'ained by B'itish sulijects;" mwI tli(> wlinjeci
his argument is in fact devoted to the two points reserved in tl'> I'imlings of I'aet, llio
amouiil of the claims, ai\d the nationalit; •'. the claimants.
Wlu'ii tlie (piestion was discussed dcring tin; oral iirgument before the Trihiiiial,
tin' same view was clearly expressed !iy the Un.ted States' (Niunstd.
Tiie following exlr.act (pp. 77S lo 7l^'M from the report of the oral ar.rumeiil will
siiuw this, ruid furnishes an iiiteresting comiueMtary by the ollieial I'epreseutatives nf
the United States' (.Jovorumeut on the rci'eut action of Congress; —
• liicsi- croiiiid!! wcri", " ilial llin i«:iic| vcshcI or «iliooiifr wm fniniil i-iiir.ii/cil in k.lliii!* fiii'-«i««I *i(riBlii'
I, mitt of Aliuk;i imiiiun, .uiil in lliu wiiUfs uivrvut, iti vioUtiuii of S'ltioii i'Jiii of (liv lUviuil Maluiif of
U:i U'J S|nU'«."
IM
oto, m.'U'ki'd i.\),
'I'lKit ia al! tlic
III" fill- l'iiit,.,|
• liliii|j; ol' lil)"ls,
Ix'ls in tlic (nhcf
1 jiiMs or olVciici'>
I'll case (luiic iir
ml that ill cadi
L! cases wlieii thr
tlio (lovi-niiiiint
cased llu! seizure
(1 iiii|i>'isiiiuiu'iiK
es, wliidi allri>c(l
i I'roiu tlie slii.rL'
'Xeil iiel'etip, ;iiiii
e made Ity [iiiiilic
d. at tlu! several
iliii'^ '\, and thui
lui' thai |iiir|Ms.',
-states.
any imieeeiliii:.'i
as iiieiilioiied in
all the jinisdii'.
ctiiiii, iiui (lull ii,
''.''<i>iuls set luilli
justilioatitm \v.i>.
and tlint tile only
lie Uiiiteil Sl;u,>
he Hritish Case,"
vcniineiit to |ki}
on ludidir 111' till'
lie said ve»s,|s nr
vessels iiieiitiniii'il
I [lai'l llie aclu:i!
i fil' the rMJIr.,!
Kidiilmtors woiilil
[■ept in reirani Im
ilunill.'d to till'
|:iiiils ti)-da\ ;is :i
lalse assiinniliiiii
I'liitratioii. ur li\
liil," Mat on tlic
|iref;»er wliil vw
lie held h\ liii-
were wrmiu' iin'l
it would iHit 1"
It and within tli''
l.'.nd the whole I'i
Ingti ol l-'aet, tlio
[ire the 'rrilamil.
Ill ar'.ninienl will
•jirest'iitative" o\
m fiif-»<*nl *ii 111) lii
e»itcd Stilulcf of ('it
il
" ^{|■. Justice ]larliifi.S\\\i])i)si* this 'rrjhiinal Nlimihl decidi
Article Vf that the Tiiited States liad or had not any rij,'ht of
and had or hnd not nny riu'lit to protect tlieni on the hi"!
United States hound iiy that riiliii!? when the two nations, if "tlia
iindor tlio points in
jiroporty in the seals,
1 seas, voii \vo\M consifh'r t he
f,"»t
IS, IT tli6 nc«!asion arose,
i(>L'etlier in ncLrotialioiis uii ihe (|iiestioii ol' dajnas^es.
••Mr. I'hrlpM.- i slioulii, Sir, il' you put that question to moat this time.
•Mr. Jiislirr Iliirlaii.- 'Ih-M is what 1 uiuh-rstand Lord llanncn'H <|ucstion to
oinlinice.
"Mr. l'h,lps.— \\' that is tlie ]iiir|ii.rt of the inquiry, yes. I do not suppose, for
instance, thai if this 'I'rihnnal sheulil decide that the Inited States liad no ri!»lit of
priiiicrty and no riirlit of nroreetioii, and that under the circiimstanc«'N vessels w«rc
dii/.cd lieloiiu'iiig !<> Urili.-di stihieets. I do i.ot understand that it would ho open to flu*
I'liited Slates after iliat to insist thai there was a riylit of seizure and a rii!;ht of
]m>(ectioii, in the l'a<'e of the decision of the 'rrihunal.
'■ f.on/ llniinni. I ail) lioiiiid to say liiat, assuniinu' that thai may he taken as
aiillioritative. it would nicel my ijiieslioii.
■• V'/c Prrsiifi-iii. And in that case the liahility spoken of in Article VIII would
merely refer to tlie (|iiesti(in id indeniiiity, and then then' would he no disai^roc-
meiit.
'•Mr. l^/ifln-: That i|iieslioii. as it .seems to nie, which • as put hy his Lordship.
rofciN nth'T to the infeieiice iliat the I'liiled States' (Jovernment would feel ilscll'
Imuiid to dnuv. in respect id' llie sei/.ni'c, from the th'cision of tho points of law in
i'(>spect to the other hniiichcs of the Case.
'• Lnril llinni<ii. — \>'s. The ohject of my inquiry would he completely mot if it
can lie tartcn as .iiitli'iritalive. We will assiim«> *'or a moment that the liiidinir wouhl
lie no property. If that can he lacked on to the Findiiii? of Kacts as to the sei/ure.
;iien that would nie t that which Sir l^harlos has hocn askiui; for, a iindin^ that it was
;in ill;';j;al sei/ure ; and, it so, I piesume that would satisfy his requirement, as
iiiidmilitedly it would meet the view which I intended to indicate in the question I put
to you.
" .Ur. P/ifl/is. — Your LonMiip will sec that if you ask the opinion of the <'ounsol
of the United States whal would he the just and riiiht coui.se for the United States'
(iovrrniiieiit to purs-ie in the fut.'re nci^otiations if sn"li were the tiiidiui: of the
Triiiaii.il. our answer iiil;;lit he one wiy. Jf you ask us if we are authorized here to
hu'A (he United St.itcs to any <'oiic!iision in future ncijotiatioiis, \vc must answcn' that
v.c li.ive no such authoriiy, and hive no ri^'ht to make u declaration that would hind
lluni.
• Li'iil UaiiHiii. —Thai i-. wh,\ I put in the wurd 'authoritative.'
" Mr. Phrlps. \Vc are i.ot aiithori/eil to mak<' any such statement or to i,'ive any
MU'h assiii-ance. I am free to say, and I helieve that to he the view of niv associates,
that after .". lindiii'.: hy the Trihunal upon the live questions involved, it would not
st'i'iii to me liecominLr on the part of ihe United Slates, wlio iiave ajjreed to ahide hy
this Award, to contividict the .Award when the (pie>tion of its propriety arose upon this
Mdioi(liiiale matter of sci/iiic ; hut it mu.st he a qiieslion for those who contiiil the
diploiiialic relations of our <i()Vernment, and is not a question iliat wo are authori/.ed
in rel.'i-eiicc to.
" 'l.'lir Prrsidritl — That i^ all vers well, Mr. I'lielps ; hut we have lierc tile
riiiti(| stales liefore us in the persons of their .\i;eiil and I'ouiistd, and 've have the
li','!,! Ill ask them what is (he authoritative and ollici il inlerpretation put hy the
liiiieil States upon one word used in an .Viticle of a Treaty which limits our powers.
Ui' liavr til" i'ii;h! to ask you, what is the interpretation put hy die United Slatesupon
liuisi' wor.ls '(jiiestioii if liahility ' ':
"M . I'hrlps. — Thai question the Trihunal is quite entitled to put, and thai
i|Ui'stiim we are quite ready to answer. We have endeivoured to answer it ; that in
ilie diseus>ioii of quest iuiis iiiiiier Ar!i<.lc \' II I th.' Trihunal is invested with no
ai.llioritv .vhatcver except to lind the tacts, Icavinu: 'he leo;iil con.seqiienccs of those
facts. s,i lar as these seizures an; eonecrned, for future cuiisidtMation.
'• Then if the Trihunal vjoes further, and nsks me what that future consichniit ion
"M tlie put of the United States' (Jovernment would he. I n«ply in the llr«t place that
! have iiodoiiht Iliat it <iu<.;ht to re'..,Mrd the decision of the Triliunal us c.ineluNive upon
iIh' questions arisuii? under this Treaty, hut that i am not uiitliori/.cd to go beyond tliiii
aiiiiiiation and the powci- with which the Trihunal is invcsto I under this Article, and
k'iVc an autuovitntive assurance as to what those in ehar''e of the Uuit^d.Statcs' Govern-
■<ti<\'
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49
ment when that time comes may do. Tbo distinction may bo a refined one, but it is
one tiiat we feel compelled to make.
'* The President. — We understand that very well. We merely wanted to know
what was your interpretation of these words ' questions of liability,' Wc know tlic
interpretation of the English Government.
" Mr. Phelps. — Our interpretation of that is, as T have sjiid, that Article VIH
simply provides for the finding of such facts—material facts, of course — as I'ither
party may desire to have found, and may offer sullicient evidence in support of. Wimt
consequences shall come from that findina; is a paint that it seems to us is imt sub.
mittcil to tliis Tribunal. It M'ill be for the alter consideration of the Govoriimeut.
But I should not seriously doubt, when you ask my opinion, when those jwiuts come
to be considered hereafter by the Uniti'd States' Ciovernment, that the decision of tlio
Tribunal upon the tirst five questions will be resjuicted there as elsewhere."
In bis criticisms of the amount of thi claims, Mr. iIor!>:an is aUijged tit have
stated : " The Schedule of ClaimM for each vessel contained an item dosiij;iuite(l
variously as 'probable catch,' * balance of catch,' ' estimated balance of catcli,'" itc.
These were cUmrly prospective profits or specvilative damages, and were all basinl on
future or contingent occurrences, forming no basis of fact on which an t'(|iiitablo
finding as to amount of damages could bo predicated. They should not be allowed.
Similar claims were presented by the United States to the Arbitrators of the
" .Vlabama" claims in 1872 at Gencna, and in their decision they siiy : " And whereas
prospective larniiigs eaunot pi-operly be made the subject of cornpensixtioii, inasmuch
as they dejicnd in their nature upon future and uncortiiin contingencies, tbe Tribunal
is uiuinimously of opinion that there is no ground for awarding to the United States
any sum by way of indemnity uiuler this head."
Mr. Morgan omits, however, to add that in the award of a gross sum to Uie
United States the Arbitrators allowed in lieu of the claim for jjrospective catch our
year's Avages ami 25 per cent, on the value of the vessi'ls ami tluur outfits. 'Ihis i>
clear from the 20tb Protocol of the Proceedings of the; Trilmnal, and is shown In
detail in the statement inclosed in Lord Tenterdeirs d(>spatcli of the J)th Septeniher,
1S72, setting forth hov; the gross Award of 15,50(M)f)0 dollars was arrived at. Tiiai
statement, after setting fcith the gross amount of the American claims, thus—
Djllars.
H.437,Ha
3,51 1,055
(i,735.0(!a
24,6R3,<)r)l
15,550, Hit
40,233,715
Claini4 for Iii<i»oh h\ insurgt>nt rrui«rr« (iocludiiig tho new claims for
wniron, &(• ■)
i'l'ospoclivc catch, if nlluwcil, an uilditionul fiiin of . . . . . .
CIniius fur pursuit and cnptiiro .. .. .,
With intercit at 7 per cent., wliich. taken f»r U yean, would amount to. ,
Total . . . . . . . . , ,
prow-'cds as follows : —
" The Tribunal disallowetl tho claims for pursuit and caj)ture and for prospective
catch.
"They further disallowed :—
Dolliiri.
*' The clainm for pross freight .. .. .. .. .. l,0(t7,l.M
Double cluimfi . . . . . . . . . . . . . . 1 ,6S2,243
And may further be assumed to have disrej;nrilcd tliv new claims (o the
amount of .. .. .. .. .. .. 1,450,000
Makiiii; a fiirtlier reduction from the American claim of
H,437.m dollars of .. .. .. .. 4.130,390
• And leaving a baliince of .. ,. .. ,, 10,297,748
Taking a mean Iwtwceu this and the British estimate of 7,404,784 dollars,
the result is .. .. .. .. .. .. 8,881,26(1
I'd this must be ailde<l two allowances made by the Tribunal :—
In lieu of pn>s|)<M'tive eatch, one year's wages, and 35 for cent, on
the value of the vessels . . . . . . . , . . 088,000
In lieu of the claims fur gruas freight, 50 |>cr cent, of the claims oi
Oct freight . . . . . . . . . . . . 503,576
Total .. .. .. .. .. .. 10,973.842
Wiiicb, with interest at per cent, for about 8 years, giret • reiuU of , , 16,600,000
" As actually arrived at by the Tribunal."
led one, but it is
(I for prosppctive
13
The claims in respect of whicli tliis " allowance in lieu of prospective catch " was
made were on behalf of whalers, whose industry is still more speculative and uncertain
than that of the sealers, and the observations of the British Arbitrator, Sir A. Cockburn,
ontlmt part of the Award form a strikini,' i-onti-ast to the sfcitcments attributed to
Senator Morgan. At p, 253 of the reasons for dissenting from the Award of the Tribunal
of Arhitmtion, he says: " But, independently of the undeniably exaggerated amount
of tlio claims, a demand for gross prospect ivi." earnings as (iistini^uislied from net
earnings is quite incapable of being maintained. Tliis is admitted in the argument of
the United States, and is clearly demonstrated in the British R(^port. According to the
(let'isioiis of the Supreme Court of the United States, tiie only allowance which ought
to be made in respect «)r prospective cateli is in the nature of interest from the time
of the destruction of the Vi'sscj. I should myself be disposed to adopt a morc lil)eral
mode of compensjition, and to award for prospective prolils a reasonable percentage on
the values of the vessels and outiits," Siv.
Tiie Fortune Bay claims to whicli Sir .1 I'auncefote alludes in his desimtch of
\\w 2Sth February were almost entirely claims fur prospi'ctive damages. Of the total
amount of 103,000 dollars, claimed by the United States in tliat ease, only 1,100 dollars
was lor actual destruction of property, i llcjmrt of Jiid-^e Hennett, p.*3 of C. 3702,
188:5.) The American vessels we.e only interfered with on om- day, yet they clainu'd
for the whole season's jjrotits, and the protit cl-iim was based, not. as iu tile Briti.sh
Bchring Sea claims, on the actual results of the season interru|)ted, hut on the protits
of previous years, though the stason of IST*? was an excc])tionally bad one (p. 2 of
('. ;{7(>2 of lbS3). The action whicli gave rise to the claims was not that of the
British Government, but of a mob of fisliermen in an outlying part of the Colony,
enraged at seeing the laws to which they theinsclves wine subject violated by their
eom()etitoi's. The American vessels claiming largely employed natives of Newfound-
land in their vessels, and though these as British siibjecls were uiuiuestionably
anu'nable for violation of the laws of Newfoundland by tishing on Sunday, the British
(iovenmient took no exception to the American claims on that ground.
But although the Anu»rican claims were almost entirely for jirospective damages,
tlicugh they arose largely from the violation of Hritish laws by British subjects
employed by United States' citizens, though they claimed for a whole season when
tlioy were (mly interfered with on one simple day, and thoui,'h, if the claims were valid,
tlie'elaimants had a legal remedy in the Courts of the C(dony against tlu* perjM'trators
of the alleged loss and damage, for which the Itritish (iovennnent were in no way
n'sponsiblc, yet the British tJovernment, within three yeais from the date of the
elainis arising, paid practically the whole sum denumded by the United States'
(lovernnient, amounting to three-tburths of the claims actually \)nt forward by the
elainiants.
Tlie Mehring Sea claims arise out of the direct action of the United States'
Oovernment— action declared by an International Tribunal to !»<• entirely unjustitiable.
They are made cmt, not for profits bas«'d on the results of jjrotitable seasons, but on the
actual results of the seasons in which they arose. Sonn* of the claimants not only lost
tlieir property, but sutt'ered a rigoi-ous imi)risonmeni in a severe climate.
The arrangement nuule betwet'ii the two (iovernnuMits for the payment of a lump
sum amounting to little more than half of the claims preferred, without any allowance
whatever for interest, cannot be regjirded as otherwise tl'an a settlement favourable to
the United States, bearing in mind that tiie claims had already been outstanding for
ten years, and that more than a year had elapsed since the decision of the Arbitrators
had been given.
It is not easy to believe that if the late Congress had been fully acquainted with
the eiivumsta;ices it w<mhl have refused its sanction to so reasonable a proposal,
lYconuneuthMl as it was by tiie Federal (Jovernment, m- would have declined even an
ajipn)priation for the payment of the claims, subjwt to their examination by a Com-
mission to be appointed for that purpose, or for the simple expenses of such a
C«)ramis8ioii.
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"19
TREATY SERIES. No. 10.
1896.
'W^n
^
V
'I
I'ONVKN'IMON
jKAT BRITAIN AND TIIIO FXITED STATES
4
fKR TMK
SUBMISSION TO ARBITRATION OF
JRITISH CLAIMS IN CONNECTION WITH
THE BEHRING SEA SEAL FISHERY.
Signed at Washington, February 8, 1896.
Riillliculinnn r.rchtnii/i'd at Londini, Junr ;?, 1800.
I'rfsriileii lit linth lluunes <;/ J'liiliiiineiil liu ( 'nmmanil o/ lltr Maj'etli/.
.Ill,,' I.SU'l.
ON
\ 1»9(),
LONDON;
PRlNTKn IX)U HEll MA.IKSTY'ri ST.\l"IONKHY OPl-'lCG
HY ll\KIUaON AN'I) SONS, ST. M.U!1!N"S I.A.N'K,
I'lllNTgll* IN OUUlK/.lT TO IIKII ^!*JK^^TV.
And to b« puri'liuoti, dther ilfrr.itly or thmii^h miy HuolcKuller, fr>:in
V.ln* A Srorritwoohi, Kant 'IhpIihk Mr»<l, rixi Stn'iil, VM., ain)
■\-i, Abln.Joh Hlr.H'l, \V.-.t,iiiiislii, S. \V. ; or
JOHK Ubmiiii \ Cu.. 12, lliiuiviT 8in'' I. Kiliiil uridi, »iiil
Ull. Went Nili' Mrii'l, l}lll»K>>w ; iir
lluirans Kiiiuiv V Co. Linih'>', lUI, liniftMU Suiwl. Dul'liii.
i.-^lOI.] Pr>cv }.,l.
ijesty.
i
(, n N DON':
PRINTKI) FOIJ IIKII .\|.\.li:sTYS ST.\TI()Ni:HY OI'I'ICK
HY IIAlilllSON AM) SONS, ST. MARTINS I,.\Xi:.
rlCIXTKIlS IV IIIIDIMVHV TO nKK ll.*Jr-iTV.
And to be pim-liMnl, cithrr diiwfljr or tliroU||li «nT Ilonk'i-lli'r, fr»m
KYHK AXD SPOTTISWOODK, Kaut ILinrnxo Ht««it, Ki.kkt StHirT, E ir txo
32, .\Blxnl)il<l Stkhkt, Wkstmixitrh, S\V.; uh
JOUX MEXZIK-' i Co. 12. ILwovru Stukkt, K.DtXBrHOii i and
W, WKBT X|I.K StIUKT, ill,»«»oW ; OH
HOnOKS, FiaaiS, ,«; I'o, (.iuitkk, 10» OuirroN Sthkkt, 1Hmii.iv
[r- 8120. 1 Price (id.
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CUNN'l'^NTION JlE'nVEEN GRliAT inaTAIN
AND TllK UNITED STATES I'Oll THE
SUHMISSION TO Alimj'llATKJX (JE
I'.lflTISlI CLAIMS IN COXNECTIUX WITH
HIE HEHHING SEA SEAL EISHEJIY.
Sli/ihdiif Wiisliiiiiltnii, t'llii i"ii 1/ ^, l8'.Mi.
[l^dlijiiiUi
i/idii'lni III J.uiiiluii, Ji'iii o, IS'Jd.J
W iii;i;i;as, liy a 'i'lciily U'lv ■> n llci .M^ji;-.!)- tlif (^Muiu dC ihc
I iiiii'ii ivin<.;il"iit ul' liivtiL Itrilaiii ainl livininl, inid tliL' I iiiUil
-•lad - 111 Auii'lirii, si^'iR'd ill \Viisliiii;^tiiii on iIr' lilHii I'fliiiuuy,
1 >'.!.'. lllC (llll'Slinlls ullich llllil llli-i'll iKlUcrll tlu-il' IfSlH'll i\ i'
(,ii\i lllllli:llls L-iiluclllillj,' till' .jllllMlirliiiii.il li.ullt.s (if the I'liitcil
^liili< ill III'' wati'is (i| I'li'liriiij; Sea, ami chik crniih^ also llu; [in-
,rrViilioii ol' the I'lii-M'al in, oi lialiiuiiilly ivsoii'ii;; to, ilu; saiil
s,;i. mill llie fjojits of ilic I'ilizi'us ami ^iili|rii.s ol citlu'V countiy
i~ ir ;ii<l'* lilt' lukiiii^ oi t'ur-Moiil in, or haliiiiiall> lu-smxini,' to, ilir
siiil wains, were suliniitltMl lo a Tiilninal ol Ailiilmlimi as lliuiviii
.iiiisUliiteil:
Aiiil wlieiviis llic Ili^li I'l.nli.irliMi; I'ailies JiaviMj^ foinul l.liuni-
■.(■i\,> iniiililf to aj^icc niioii a iiliiiiii t? whirii sjioiikl incluili' llu-
iii-.iiiiii ol llio liaiiiliiy ol eaili Im llii; iiijuiit's uHi'^^imI lo liavr
lull •^iistaineil liy tlh^ oIIk'I', or liy its elli/rns, in loUMfi lion willi
;ln ilaini.s iiri'ienk'il aiul iir^i'il liv il, iljil, liy Ailii.li' \'lll of llir
-,iii| Tualy, a;4ivf llial oitlici party ini^lil siilmiil lo ilic ArliiUaloi^
,11, \ uiu'slions of latt invoUi'il in --aiil i laiuis, ami ask tor a limliiiu
iliiH'iM, llu' i|nfslioM of llu; liaiiiliiy of litlur ( ioMinniunl on llu'
,ia- I'liiml lo 111' till' siiliji'd of rtiiiJii'i' ni';.'oiiation :
.\miI wlieruas tlif Agonl of liriai llrilain iliil, lu uriiiiilain ■■
Willi llii' iirovisions of said ArliiJc V'l 1 1, siilniiil lo iliu Tiilmnal
ill Ailiilialion certain limlings of lait wiiii li were auired lo a-^
|iin\,d by llie Aj;ent of llie Uuiled Slale.-i, and llie iVrbiUalius tliil
iiiiiumiiiisly lind Uie fuels so set forlli to lie uue, as ajiiieai.-i liy
.:,r Award of the Tribuuul rendered on tlie lolli diiy of Auyual,
OiN
i 1896,
ijcsty.
i
••
m
[I
fiO N DON:
PRINTED FO>' UKH .MA.IKSTYS STATIOXKIIY OIKICK
BY IIAimiSON AND SONS, ST. MARTIN'S LAXK.
PHl.XTKIia IX OIIDINAHV Til BKK JIAJKSTV.
And to tip piirrliated, pitlwr tlirrctly or througli «n.T BDoV^fUcr. fnim
KYRE AND SPOTTISWOODE. East IIardixo Stbrit, Fi.kkt SriiHEr, K.C., a!»d
.12, Anivauim Stbkkt, Wistmitcitik, S \V.; oh
JOHN MEXZIES t Co,. 12. IlAVorKH Strsrt, EiilXDrKOit: A\n
W), Wkst Xii.r Stkrkt, JlAIOOW ; OR
UODORS, KIOOI.'), .<: I'o., r.ijiiTEn, 101 ORArroN Stbkkt, l)ruu:«
' 8i2G. Priced.
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Ami wlifiviiN. ill \ ii>\v ol' tliu saiil liii(liii;>ri ol' I'ari ^md <,r i|„,
ili'cisiiiii III' till' Trilmiiiil nl' Ai'liilratiini rcnici'iuiiiL,' tlii'.iiiri~>li(iii,|,.,|
ii;;lits 111' the I'liiti'il Sliili's in ricliiiiifj Sru, ami llif ri;;|ii i,| i,,,,.
U'ltiiui iir inniirity nf the I'liilnl Sliids in tlii' t'lil-sruls ric'c|iiiiiiii|„
llic islamls nf the I'liilnl Slalci in lliiirin;^ Sia. llir (iiiviiniiniii
nf ilu' I'nitiil States is ili'siicais that, in so far as itH lialiilitv is n.t
ali'cailv lixi'il ami clcti'iniini'il liy tlic limliii.uH nf fan ;nii| t{|,,
ilcrisinii nf saiil 'riil>iinal nl' Ailiitratinn, llu' i|U("<tinii nf ,|,|.||
lialiilitv sliniilil lie ili'linilrly ainl I'Mlly M'tllid aiiil lii'lriiiiii'cil, umi
i'nni|ii'n.-'atinii niaili", I'nr any injnriiM fm wliiili, in tin- innti mijla
tinu nf till' Tri'aly alnicsaiil, ami tlii' Awanl ami linilin.:-. .if ||,^.
'I'lilainal nf Ailiitratinn, ('(iiii|ii-iisatinn ni.iy lu' ilno In (inat i'.iiiMin
t'liiiu tlio rniti'il States :
Anil wliereas it is eliiinied liy (ileal Itrilain, llinu.;ii ||,,[
ailinitteil liy tlie I'niteil States, lliiit in'inr tn ilie .s.iiil Attiiiil
certain ntlier claims a.;ainNt the I'niteil States aecineil in l'a\..iii ,,|'
(Ileal Itritain on aicniinl nf sei/mes nf iir illtel'I'ereliee Milli ill,.
rnllnwiii^' mimeil I'llitisli M'alin;,'-Vessels, In wit: f!;e " Walnlirii-''
llie " Winifleil," the " Ileiniella,'' ami llie " ( Isciir ami Ilallir," ;i||,l
it i.s I'nr the mutual inlelesi ami cnnxelliiine nf Imth the lliwl,
('niilr.irliii;_' I'aitiis that the iialiilily nf the rniteil Slates, if imv.
ami the aiiiniiiil nf i'niii|ien>alinn In lie jiaiil. if any, in le-jui'i c,{
such claims, ami each nf ihelii sliniil.l alsn lie iletelinineil iiii.l. i iL,.
|iiiivisinns (if this t'niiveiilinii — all claims liydreat I'liilaiii iiiii|,.i
Article V nf the »/'«//'.< ,'u;ii<li nf the l.SlJi Ainil, l.-<!IL', |. r (li,.
alistentinli IVnin lishiiii,' nf jirilish sealers iliiiiic.^ the |ien.l iiyni
saiil arhillalinii ha\iliL; hceii ilelinilely waivcil liefnie tiie TMi.iiiiiil
• if Arliilralinii :
Her Majesty the (.hleeii n|' the rniteil Kiie^dnin if i;i,.,ii
lll'itain ami llelainl, ami the I'llileil Stales nf .\iiici'ica. In lit.' I'Hil
III" cnni'luiliiij: a ('niiNcntinn I'nr that ]aii|inse, have a].i.niiil.'.l n,
their lesiicctive I'leniiinteiitiaiiis :
Her .Majesty the (,lileen nf I he I'llileil Kiniiilnlii nf Ci.ni
Itritain ami Irelaiiil. the li'ii.'hl llniiniualile Sir .liiliaii I'aiiiir.'inii.
(i.C.I!., (!.('.M.(i., Her Majesiy's Aniliassailnr Ivslianidinaiy ainl
I'leiiilinleliliaiy In the I'liilcd Stales; and
'I'lie I'resiilelit nf the I'liiled iStntes, the llnnniinil.le Kii haiii
OIney, Sei lelwry of State;
Willi, after li.ivim; cniiiniiiimaled In each ntlier their ics|iii tiv..
full linWels, which were Iniiild ill due and Jilnjier rnim, have a;,;lci.|
In and concluded the InlluM ill'' Articles : —
^ T
1:1' V-
/ -4.
„,.>^.
AHTICr.K I.
'I'lie lli^ih Cniitractiii;,' rallies a;^iee that all i laiiiis nii aci..iiii:
(if illjlllies sllstailied liy lieisniis in whose liehalf ( lleilt Hriliiili i*
I'lititled tn claim i'om)ii iisatioii fmm the riiiled States, and avisiiii;
liy virtue nf the 'riealy arnresaid, the Award and tln' liiidin;,'s nf ih,
naid 'rriliiiiial nf Arliiliatioii, as alsn the addilioiial claims s|h'. ilin!
in llie ."illi )iari|eialili of the ]i|ealiilile herein, shall he refeiinl !..
two L'oiiiiuissioiicis, one of whom shall be a|ii.niiiteil l.\ 11.,
.'i •■ ' ■ ■ I" ,'• '..; • ..
, ,"• . '• - , ,' ■ ' • ''.I V,
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llriiiiiiiiii' ^^ll,il'N^.v, iind tin' nlliiT liy llic I'rcsiilciii ni' \\\r riiitcil
Shili'-^, 'ill'l "'"''' "' "''"11' ''ll^i'l 'ii' li inii'cl ill llic l:i\v.
.\|i|>rllil>'<l t" ('■>'* * '"IIVi'liI lull i.s II li.st l<r till' clililll-! illlrlidi'il to
I,,. ri'lVni'il.
AIMKLF, II.
I'lii' I vViP ('iillllilisniiilicrs hIiiiII liii'ct 111 \'iiliili;i, ill llic I'|ii\ iliii!
,,| I'liilisli Ciiluniliiii, ('.iiiihIm, iis scmii mm imu'liciililr nlli'! ilii!
..xiliiiiiLii' III' tliii liitilirMliiiiis (if iliis ( 'uiivnitinii. mill, iil'ii'i' tiiUiii'^'
;iuiialli lliiil '''"'>■ "'" tiiiil.v mill iiii]i;irtiiilly iiivi«tii^atf (he chiiiiw
nlciii'il til llii'iii. mill ri'MilcT II JII.-.I ili'ii>iiiii llicn'uii, tln'V slmll
i,iiiiri'l jniiiily III the (lisi li;ir|.'i' ul tlirir iliilici.
I'lu' CiiiiiiiiiHMioii sliiill alsii sit M S;iii i'lviiicisio, ( 'Mlil'niiiiii, us
will it'* N'iiti'i'iii. iniiviili'il litlu'i' ( '(Piiiiiiissiinici shall so itMiiicsl,
ii he shall hi' of opiiiioii that ihc interests of jrsticc shall so
iviiiiii', for reasons to he rceortl<!il on ihu iiiiniites.
AltTlt'l.K 111.
riic saiil C'oliiIiii.-isiimiMs shall ileteiiiiiiic the iiiihilily of tliu
liiiiiil Slates, if any, in respect of each claim, ami assess tho
,iiliiiiiMt iif eo!ll|ielisation, if liny, to hu paiil on aeeoiuit thereof —
sH I'.ir a~ ihev shall he iiMe to a;^ree theicnii— and their dicisioii
,li;ill lie aecelited hy the Iwu (loVeniiiieiits as linal.
'fl;>y shall lie authorized to hear and examine, mi oath or
;illiriaaliiin, which each of .said ( 'omiiiissioiieis is hereliy eiii|iipwcrei|
1,1 iiliiiiiiister or receive, every iincslion of fact not I'mind hy thii
Tiilmiid of .Arliitiali and to icceive all siiiiaMe aiilhciitio
iistihiMiiy eonreinin^' the same; and the (lovcrmmnt of tht3
riiit.d Slates shall have the ri;^ht to raise the niiestioii of its
li.iliiliiy lieforc till! ('omniisKiiiiieis in any case where it shall Imj
Huvi'l (hat the ve.s.sel was wholly or in' part the actual iMopcrty
,.|aiili/.cn of the I'llited Stales.
'flic said (,'oinmi.ssion, when sittiiiL; at San Kraiicisco or
Vi, Imia, shall have smd exercise all such powers for the procwie-
iiiiiil Ml enforcement of testimony as may lien^after he provided
liv a|'iii'iipriato legislation.
AUTICLK IV.
The ( 'oniinissioiicis may a]ipoint a Secretary and a dcik or
,!,ik, to assist tliein in the transaction of the lin.sini..ss of the
iniiimissioii.
AUTICLKV.
Ill the cases, if liny, in which the ('oiiimissiiincrs shall fail to
,i:iir, they shall transniit to each ("loveinmeiil a .loint liepml
-tiliiy in detail the puints on which they diller, aiul the groumls
I 1896,
ijesty.
^^'':.i-
1 1
LO N DON:
PRINTED FOIl HKIl .MA.IKSTYS ST.XTIOXKUY OKI'ICK
BY HAHRI.SON AM) SONS, ST. MARTIXS L.VNK.
rlll.XTKRS IX ORIIINAHV TO HKK M.UI-STV.
.\ii<l to 1)0 piirc'tiunl, pitlwr directly of through »njr Boolmrllpr. from
KTRK AND SPOTTISWOODK, Kast IUrdino 8t«»it, Fi.kkt SriiiET, K.C., »xd
32, Asixauoit Hthbkt, Wiitmixitik, SAV.; oii
JOHN MKXZIKS Si Co.. 12, IIamovkh Stbbrt, KoixBriiaii i axd
UO, \Vk8t Nilb Htkuit, Jlamuw; OB
UODOK.S, HOaiH, .<; I'o., I.iMiTlD, 104 OBArrox Stbkki, Druus.
fl^-8126.| Price 6d.
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nil wliji'li llii'jr ii|iiiiii>iiN liavi> lict'ii IViI'IiumI ; aiul nny hiicIi ilii|r|,.,„,
sllilll 1)1' ll'll'lli'il till' lilllll lllljllslllll'llt to an l'lll|lill' In In' aplmili^,
liV till' twii (iiiviiniin'iil-* ji'intlv. or, in ciisc ol iliMumn imi,. .
Ill' liiiliiili;it)'il liv ill'' I'lrsiiji'.ll III' llli' SwinH ' 'iililiiji i,,||,,|| .
llic r('i|UI'.'<l III' lilt: lAMi (iiiVi'i'li licllts.
AKTK I.I': VI.
Ill till' I'iiM' III' till' ili'iilli, III' iiirii|>a('ily lo hcivc, liiiin sji |^|„..
i'|- IIIIV nihil ciiIlM', 111 rlllliT 111 llir l\Mi ( 'nllllliiH^.inlii'is, i,i ,,| ||^
l'iii|>ii'i'. it any, lii-^ jiliin' sliulj lie lillcd in ihu iiimiiihi ,,
(iiiiviili'il I'l r llu' iiiigiiiiil ii|i|iiiintuii'iit.
AKTICLK VII.
Kiii'li I Invriniiu'iit sli.ill |)riiviili' I'm' ihr ii'iiiiiiii'r.iiiiin ,,| j],
I 'iiniiiii'''siiiii<'r n|i|»iiiiti'il liy it.
'i'lli' ri'llllllli'llltinn III' till' rill|>il'i', il' nlir sliiiiilil |„. ,i| |„,|„|„
anil all i mit iii'.;('lit ami inriiirlital r\ |>i'li''t'- <il' tin.* I 'ii|iiiiiis>j.,|, .,,
Ill lilt' rni|iiu', shall 111' lU'l'niycd liy tin.' twu <IllV^'^llllll■llt^ iun.i,
imiicliL'ti.
.\i;Titi.i'; VIII.
'i'lit' aiinniil av>ai(l('il In (ircat I'lriiain iiinli'r tins ('niiviiiil.
on iKTiiiiiil nl any claiiiiaiil t<liall In- j'aiil liy llir (•nvi'iiiiu'iii
till' I'liit'il Slalfs 111 till' (nivi'iiilui III iif III 1 rii'il.iiiiiii .M.,i,.'.
within >i.\ iiiniillis al'lrr tin.' auiniini llu'ii'nr >liall have I- in Ii, nifi
a.Miilainiil.
.\I!TI( l.l'! IX.
■•«1
Thr |in'M'nt ( niivi'iiliiiii sli.ill lu' ihily latilicil liy Hit ririt.mii]
Ma.|r-ly ami tin' I'lcsiili'iit nl' ihi' I'nili'il .^^liili'.'. nf .\iiii h, ,i. 1-.
.mil with till- ailviii' ami rnii-i'iit nl' ihi' Si'iiatf thiMinl'; ,iiii| li,.
laiiliiMtii'ii.'* .shall ' i \ihaii;;i'il cithrr at Lnmlnii ni at \Va.!iiii;'t..:;
vwlIiIii .'^i.\ liiiind >in the dati' lu'irnl', ni' earlier, il |ins>.il.l,..
Ill faith wlici'i'iit \vi', till' ii's]ii'rlivi' rii'iiiiintinliarii>, Li
.'ji'liii'il this Cniivi'iitinii, and liuvc liori'iiiiln alli.M'd niii- vul^
IS'.IG.
Dniii.' ill iliiiilicalu al Wa.shinj;lnii, ihi! ■'■ith day nl
{L.S.) .HI.l.W I'ArNCI.lnTi:
(LS.) lilLiiAltl) OLNKV.
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Ill' lllc t 'lllllll>l--l II
I lil>VlTIIIIU'llt~ 111 1.,
uiiili'i- llii-s Ci'iiv.-iii
liy I lie t iiivi'iuiii' \,\
iiii r.i'ii.iiiiii' .M.j
.■-liall li.ivc 1" I II !ij
itilii'il l'\ ll. 1 1' ■
Stales (if AiiM I.. .1
li'li;il(' lliitrcul , .111. I
iiiilmi or ill \V,i ',:ii.
curlier, il' \ni^-i !
APPEMUX ok I'l.AlMS.
jii« ^■•■ti/'''' 'o /Af Triliini'il iif .trlii/rnHnii ,>l I'ni-ii.
—
\|>)ir(isilli:i(i'
Xam' »# t-^wi
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lliatniire Ciiil.'.l S' it ■' V, ^. 1
frmn l.jinil i mikiii',' Si'j/iiri'.
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r, ON I) OX.
PBIXTKD FOR IIKH .MA.IKSTY S .ST.VTIOXKKV OKKKK
BY H.\IIKI.SO\ AM) SONS, S'l". MVRTI.VS L.\XK.
rillXTKII* IN »III>I.>'tHY TO HKK H.IJI^TV.
.Inil to h<> piirrhmuHl, either dirwtly or through anr Uixikirllfr. fiwm
TVtJ. 4!fD SPOTTt-SWOODK. Ka«t IIabdixo Stb««t, Ki.ket .•^tuiit, E.C xm
3i, .\BivflUi>i« Sthkkt, Wkstmixitik. S\V.; on
JOHS MEXZIK" k Co. 12. IUxovkk Stbket. Kiiixuriioii ; axd
■JU, Wkbt N'ilk Stkbkt, JlasiiuW : oh
IIODOE!^, FlOO^i. .<c I'll , l.iMlTrn, KVl OK»rTO!« STBXfT. Oruif*.
IC-6I2G.J Prite6d.
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[li P' ■
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III
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IJMTI-:i) STATKS. No. :\ nmiY
R E P n T
nv
l'H()PK!<S()R D'AKCY TlKJMl'SON
M
^li!
OS ins
-ftfei
MISSION TO BKHIUNG SKA IN 1»9(),
DATED MARCH (. l«i)7.
Presented to both Houses of Ptiiiiameut hy Command of Her Majesty.
Mini 1897.
LON DOX:
PRINTED FOR IlKIl MA.IKSTYS STATIOXKKY OKKICK
BY IIAHinSON AM) SONS, ST. MARTIN'S LANK,
FIIIXTKIK IN UIIKINAUV TO IIKK MAJrsTY.
I
K'- 8120. 1 PrietU.
AdiI to bo piin'himl, fithvr iliroctly or Ihrough an,T Uix>karll<'r. frnin
XYBR AMD SPOTTISWOODK. Ka«t IIardino 8t«»it, Krrmr Stuiet, K.C. axo
32, AlllNnU<>^( StHKKT, Wl«TllIXiTtH, S W. ; UK
JOHS MKXZIK" k Co. 12. Hasovkk Stbkkt, KniXBrROii ; ami
UU, Wmt Nilk Hthkt, JlaiouW; ok
IIODOKfl, FIOaiH, A I'o., I.iMiTiD, 1(U OHArrox Striikt, DruLiif.
,.^ i
m
Iv(|ii)il l»y l^rnk'ssor l)Ai(ry TlMtiiipsoii <iii his Mission to
hchrint; Sen ii. lH(Mi, (hilcd Mardi 4, 1HU7.
I'luffs.iiir h'^ii'l 'riiiiiiiii^iiii I'l llir Miiiijiir.^s III ,S((/i.n/((// I/. ( llmiird Mmili -1. i
\|,\ l,.ir.l. Murrh I, 1MJ7.
Al'TKU NinitiiiK. iiciitiiiiii',' III MMir h<)MMii|i'N ni>:iiiitiijii>, llic I'riltyloU iiml Con;-
iiiiiiiiltr I'*lninl» lor On' |mm|h.m uI mi.i >liLMliii'; IIk- riiiidiliuii urilic Houi Mokericn ttificoii,
I have tile lioiinni to Miliiiiit tin- loildAinv l>c|Miit : —
■_'. 'I'lir main ol)ji'<i ui mv iiii^>iiiii wii tlic ((illcfliun «il iiirurtniitioii iiixl ^latiitK -.
ttilli iTnanl to till; woiKin'/ aiiil cllcilivi'iu > nl flu Hci.'iilatioiH lor the (\ii— chI li^li" ry
liHM'ilicil liv llio AAiinl (illlf Pull- Ailiiiraliiiii 'rnliniial.
.{. Il wai |i.iilu-ulail\ I'lijiiiiii i| 1)11 nil- ti, iiiM'^liiialc llic hicrniiiif mokci irs witli a
\u\\ ti) a><-(rl.itMiiii; \Ui < xlc;il ,iu '. i .iii«c^ ol llir iillc-^cd iin>rl.ilit\ dI" iinwi'aiicil [iiipx.
I. I wa?* Itii'iiicr iiistiiiftt'l In iii«|i ■( t mid c-iiinalr the iniiiilur of waU n-ortiiiu' to
till islaiiiU, anil in |>ai-tiiMilar to tl.i' riiiivloll MaiuU, ,iiii| lo i fu i{mii tin' iilunoincna that
I wilnisM'il wn'i till' Miloiniatiiiii ami -l.ilixijc^ -ii|i|)|iiii Ibr tin: M-a-oii ol Ih'i,') hv the
Aniiiiian A.;iiil>. '.'illli ( 'iai;;ic --, I'*! m««iiiii, Sen. Due. I-".". I'ai' I, |>|). •'<"-. 'tj-"'.)
.'•. Lastl}, I \wi» (liKititl lu rail ii|ion tin ..iitlimilii > in \V .isliiiiuli'ii anil Oilawa, and
III iililain tiii'iv, and cnlli'd aUn iVo-n |i('immis <-(inni'('tcd willi tlii' sciiliii'.'' indii>ti'v in
\iilona, inroniiiitii-n lii'iirin;-, on il.r Ini'im-s of my n'i«xioii.
i>, Mr, ('<■ 1°. II. Il:iii('ll-i I .niiiion >mi^ a-.-ioriati d \Mlli nii' and iiliiccd iiitdci' mv
iii(li'i>, witli in^tln('llon■^ to |ii'iic<i'd. ni tin; liisl iii<'tanrr, to Kiiitim Inland and the (oiii-
iiiuiiilcr Island", and to invi >tii;al> tliosr lor.ilitiis in |iatti('nlar. Mr. .lainco Mucnnn w.ih
M-'-ociatcd with inr kh an Al'i iil ol lia- Dominion (iovii'MiiM'ni. aii'l .Mr. .A. Ilalki-ll was
'iiii'Clril al till' saiiir liK.r liv lliL si 11 if ( io\ i I nniiiit to |ii'ii('i-rii In Itihi'Miu; Sr.i on hoard a
I alin}>-)t('iioonfr, and to ns.iIcIi 'Innn^ the MiniitniT tin int'liiodi •mil ix^nlis ol' ihc |icla.;:i;
iiuluklry.
7. I l< It Knidand on the 'jitrd .Ma\, and nrriviil in W'a.-iiinuton on thi> inoniin.' ot'tlic
.Ulih .\lii\. Ili.'< K ■ II lli'iicy Sir .iiiiiim t'anni'clnti- |ir(siiil(i| nic lo .Mr {)lncy and lo
.Mr. ('. >'. Iljimlui, A«.M-.laiit ."riiftarv lo lln- Unilfil siali»' Trcannry. Willi tlv lall r
'.:rntliinan, who had hiniocH vi-jtrd ihc sial iMlamls in ihr >uiiniirr ol I**'.)!, I had liu!
Iii'iit'lil ol' tnudi convtrHatioii, li'^fcthcr will) tlir adsaiitiiL'c of nilrodiictioiis to tlio wholo
liiiilv 111 niit>nalisl> M'sidi III in \\'ii>>hiii'^tiin who had uivcn thiin'.:hl to the niatlt-i', or
I'.iiUi iji^iic : i'l ilir M'-cairii. .\moii'. iho-c aIhi ilid ino->' lo riilnliiii aiiil i'nli;;ht> :i ni*
Will .Mr. J. lirownr (looiii', nl'thi' S,nitliMini.m In^lilnlc. Ua- news iit' wlio<-i- uilinKly iii<d
Iriiiii nl.ihic il'.ria^r w.i-^ In narh iiu rii mv rrlniii: ( ' )!ii:niiiidri ./. .1. Itrii'i', ol' llu'
Iwlit'iiih l)i pariiiii'iit ; Ml. I{idi;w:i), AsKiAlani in tlif '>unir lK|iiirtin( nt ; Dr. I<. St.jiitv.L-r,
\|i. !■. Tiin, and .\lr. I". A. lan.i-, ni Ihr Na'iotnd Miimmuii, who hud ull hci-n, or wi n;
iliiiul to III, t'm|>lu>('d in this ii.'iiunl.ir inijiiiiy.
N. On th«- iiitihl ni' till- ">id .Innr, I It-ii W a>linmU>n tor Ottawa, in ('Oni|ianv
ilh Mr. .1. Mucoun, who hud im t inc in .St ^v VoiU. I lom Ottawa I jonriicycd to Qiifbir,
.it llic nmitiit ()! hi- I'.Mtlk'ncy ihr (iiivniiMr-tiriu-ral, in noli r lo ionic r with his I. .Mil.
iiiKv nftnrdinn ihr olijcct ol my nii-«»iiiii. Kilnrium; In Oii.ivmi uu tin- !«t|i .lime, I
(liitciisiic'd till' whidc i|iii'sti(in iit k-iiulli with i)i'. ii. M. DauMHi, wiio wa"^ kimi ciinii'^ii t i
liiuw u|i a cnllrcliun oi nolii< and .Mmuc^lionM t'tr mv iiiturmalion xiui miiiiuncc. in
:'iiiii|>any willi Mii>hn>. Maconn and il.dlMll, I lilt Ottawa nn tlir ilUli June, and arim I
111 \ ii'luriu, lliilith ('nlninhi.i, on tin- Inth .Innc
!l. In \ icioria I iiHsociuti'd and cunvcrKi'i.' vkitii a numi.er ut tlic captains ol lieahni;-
-rhooiutii, who wcio thun eimu|;i d in tittiii); out ihiir M-Miids lor the ».iiniinr't cTiiisi-. .n.d
':>|icciullv witii C.uitain .siuwaid, ol llii' " I'ui.i Si wind," wlin lud nili'ivd tl.i- ItoHpitahtv
fkJTl l» -•
t ( i
Mii
'^^M WA
i]
1«
•I
of liis sliip Id Mr. AflHmnt (or ilic siinititiM I la-r-.iii:c-ac(|(iaiiitc(l ali^o willi M'vcrnl i;<'iiilt'.
iiuMi coiuuTtiMl winM^JMUi^'trv. 1111(1 p»rtif-i«iU)r|y wiMi Mr. .losfpii lUmcuwitx, a Iciidiii:'
li;)(U'i-, witli l.M'fxr iiit««tflMVitlu* '^■ttliii;.; litiiiincKK
Adiiiinil Slo|ilu'nsoii, wlio w^ikn M tlmf time leii\iiii; llio station, mil ,\'lmii,i|
II. St. .lohii I'all'wer, who was liun assumMxj- x.\\v j-oinmaiKi, ivciivcd dm with niiicli
kindness, ami nndcrtook to meet my >rifuiri'nu*i<tH for uonvryunce in or iVuin Mcliriii'.: Sia
on lui.nd }\vr Maji ■itv's shiji'^.
I had prcvionsly iccrivcd nilormation tliHt the I'nitrd StntrV ((UVcrnnicut liml
<'\lcii(lt'd to nu' nn invitation to iMocci'd to K<>liriitif !<»•« on Ixiiird tin* linitt'd .^^latrs' ^liip
" Aibatros-i,'' and I now U-aiiuMi tiiat an A»n<*rican «' itMiMwitMion iia<l heon a{)|iointc(l on (in-
IStli June (sini-c my dfjtnrtnrc Iroin Waxliintfton) i^^ «m idrritical invisti^alion. Tlii»
("oinnii^Hion w;, ; lica<i«'(l l>v |)r Dnvnl St. or .lordw' C- 'i«li'nt o! tli<- Ix-lund StanlonI
IhiiviTsitv. Mr. .loM'|)li Miiirav ol I'tiit ^ollini* ' ^da, t'orinc-rly UniliMl S|;ii(.,"
i'rcasnry A^rnt at Sr. P.inl island, was ^('ll•(•f^•d iw V?»».'«<ant ('oriiiiiis«ion(r. an ! the
tbilowin;; ^enflrnicn trom tin- Unili-d SlaUvs' N;«<ionMil .MnM-inu and tin* Uniti<l Si.iifs'
Fisli ( 'oniinission wrrc drtatlod as assi.ciatc-. : hifiiwtiMii*** ConiniaiiHrt .»rtlrrson K. .Moscr,
(' nnnandini; tin- United •■ •' l''i»li ( .iMitni-N-iofi «>feiM««i»'r • AHt-rfros-* , '' Dr. i^'oniinl
Stejnei'er. Curator I. r K"|ili ii.-d .Stidcs' NatiiMid Vl-^^-mn Mr. KrKl<'riL' A. Liums,
<^"urat()r of ("oniparalive Aliat(>in\. '' nifed States" !<afi«Mial \>^nseiirt«: and Mr. ('Iuirl(> II
TowosenH. NaturaliW of tin- " Alltif<<M<-."
Mr. G. .\. ( l*rU iielcd as St'n<i«t>'v to tin- ConnnissMMi. ««•* t»»«»k » vi»ry impoii^iiii
{iii««»t in its snl)sc(|n«Mr' inve«tij;;afioi)-
It). Uii the l!)th June ! departiii U '" Victoria for Sealtl*-, in hIm" >*l4ilr<»< NVashu,;
ton, f.o join tlu' " .Mhatross." ()n the _ •' .Innr I set sail from SvMXh- iae t n»ln*k.\ on
hoard that V( %•■(•■' in eonipany with ih' fn<>riean ''()nMni>Hiouers ,in»t Mr. ^faeoim,
Mr. liarrett-l lanelton heini; then on hi^ w.n t.mi San K, nri-'-o to .lapae ■ •' (•«•<//• lor llii-
Kiirile Islands and the Sea of Oehotsk.
II. On the ■h'd .Inly we reached nnala>k^: .md ihsuniltarked on Hie .sth .inly oo iIh'
l.-lnnil ol' St. (ii'oif.c. We were here received xvitli jiieil kindness liy .Mr. .'aiw^s JiH^Lre,
Uesident .■\i;ent ol the Unileil Slates' '^rea^u^y. .iinl l>y Dr. L. A. Noxcs and ('a|)taiii
Daniel MChstir. ol the Norlii .\nirricaii ("oininercial Coinpany.
I'J. On the rilli .Inly we left the hdand (d St. (ieori;c, and arrived on the same ijii'
at liiat of St. Pan), where we were r<-eeived hy .Mr. .1. 15. Crowley. Ue-iiteni Airiiit ol liic
I'nited Slate"-' Tr'^asniv, !)V .Mr. .1. 15. Sl.iidr\ Ihown, ,\j;ent of tlu North Ainerie.ni
Counnercial Coni|iany, and hy Dr. O. II. \oss and Mr. .1. C. Ued|ialh, otiirials of tin
( oiii|iany. (^)narters were |irovideil for ii« in tiie C'om|iany's lionse, a sinall hilioralory
aiiii a |iliotoma|ihic roon\ were presently titled np for onr n^e in iiii empty hill, and then
and liierealter. dnrini; the whole of our sl.iy, w e\peiii'iieed the ;:reatest kindness ,iiid
attuition Irmn the ahoM'-iiaine<l gentlemen and from the |ieople ol tlie island.
I<'l. On (he l.'dh .Inly Her Majesty's ships "Satellite'' anil "learn.s" arrivul nil
llie inland. On the lolloAnn; ininnini;' I einliarked lor the Commander Islaiuls on hoard
the " .'*>.ite!lite," aeecnnpanied l>v Dr. .lordan, to whom Cominander .Mien had olfiMcd tiic
liospd.ility of the ship.
I I. (hi the J'Jnd .Inly we ariived at IMirinj^ Islantl, wlicri we were reci ived h\
.\lr. I'linii Kliii;e, a;;int for (he Knssiaii I'nr Companv.
We learned that the (Sou-rnor ol the is| imU, ('olonel tirehnit/ki and .Mr. Itarretl-
llamilloii wiie la tli on Coppi'r Island, and we a(;cordin^;ly sH sail tiiilher on the 'Jllh
.lnl\. On the intcrvenint; day it was iinpraeticahle to vi-it the rookeries, \'2 inih'^
distant Irom onr anchorage at Nikolski, and oni' intention to return thither had to hi- allei-
wards ahandoned.
l.'i. On tlu •_' jth .Inly, in the eariv niornnii;, weanchoied oH the village of I'reolnajeiiski,
in Copper Ulaiid, where i innnediately landed and paid my respects to tin; (governor. We
tlien, aeeompanied hy Mr. Hiirrctt-ll iinilton, sailed to the neimlihonriiiK village of (ilinka.
from which placi- we eros.'.ed the isl iiid, and, miiler the u:nidance ot Major Waxmntl,,
( iovernor ol Copper Island, spent a day in snrveyinj; seven ont of the twelve portions thai
constitute llie great rookery whicii lakes its name from the village. Our journey gniin,'
aiitt coming lollowed two of the threi chief drive-routes of the seals.
Iti. The conditions uf weathei and the dilKctilties of anciiorage and (d iuiidinu
reiuierin.: it inadvisalde to delay, and the otl.er Cominander Island rookeries liaviiig heeii
suliieienlly surveyed hy .Nir. iiarrclt-llamiitim, we d«'purted the hnme iiir^ht on our rctsini
voyage to tiie I'llhyloHs hy way of Unaluska, irr i which pluce H»M' MajcstyV slii|i
" I'iu asani," Commander K A. (iarforih. conveyed .s to the islniuU.
17. We reusiiiu'd liie Isl.iiidof St. I'aul on the ist Scptemher. On (heHiii Septcmher,
in vompany with Dr. .lordan uml Mr, Lucas, of * c Ain«riean Cum nisoioii, 1 left St. I'aul
8
ioiMT, an ! tin-
very ini|)()i:;iiit
Intl. ami tlun
KiiiiliK'sH iiiiil
litiids (in ii(i.ii'il
fi' iri'i ivi'd h\
„i, lionid the Unitt'd Stul.-' irvcmi.-culln' " !{ti,s|i." ('a|>tiiiii W . II. Uiili<:il>, ivaclicd
Silkimii llu- '.i'iml Si |itci<ilicr, anil ;inivc<i in VnlMiii on Iji • ;?(ltli Sc|iicnil)cr. Mrssrs.
limiiti-llixnilt"!" ;•'"' Maioiin mil Mr. ('Ink ami Ciloiifl .\lm.ay. of llu- Aim-ruiin
Ciininii^^'iiiii.ivniJiiiuMl licliimi npuii the i>.laniU, in nnlcr to icMinic ard rt'|U'at dnriip.; tlic
lir»t •ii'.V" "• (>t<«»l>*'i' •''(' invt ^ti!J;;di()n and lount ol'llir dead |iii|ih,
|s. I s|Hnt M)inr (ia\x in \'irt(>ria. dniinL: wliiij- 'inn- Mr. \. |{. Milnr, ('.,M.(;.,
CiilliTliM' oC Customs, I'urni^iifd me with mnili iidiinii;itiiMi, and maiK; nic ac.|iiainti(l willi
several i;>'ii'liii"'" vrrscd or intcri'slcd m tin- m al i|nisliiin. in^idi-i lliosr whom I had nn i
lonncrlv.
1(1. Lcavin;; Vicloiia on llu- Kllli Oilultcr. I Iravrllcd. in accurdancc wilii my
iiictriK'tions, to Oltuwa, lor llir |inr|po-f ol i uiirniini; will Dr. <;. .\l. Dawson, and aUn, in
tin. iihsi'iiw «r the Minister of .Miirinr and Kishcriis, with Mr (imiidc.;ii, flir Dr;iiity
Minister, and with I'roless.ir Prime. Commissiomr i.l' I'l-lnri.- I had aU.i iicri' an
i,|i|ii)rtimity ot' diseussinu the eiremn^tanei'^ oi' the i ,im' wiiii SirC. Ilihiieif 'ri:|.|ii'r, wmi
«as iihont to |trurt!e(l to Victoria as counM I lor tin Cinailian -.smIit-. in the c.i.r. luaitiii'.-
;irl)ilrntion.
•JO. On the 'JtHii Odulie;- I Icit Ottawa, ami arrived in I.uii'.im mi the :'.l-l O. lo' er.
•Jl. It is "ly duty to mlurm ymii l,iiiiMii|i that I ami my olh .imir-. reciivnl al ■. \eiv
v|ii;:i' III onr joiiriii'V and in eviiy iiurlnin oj mir woii< >ii('h kindiii"-^ and liii-<|iil.dily as
,all liir the warmest ex|ii'essi(in of mir thank- In our av-oi lation w tii 'he ullniaU ol the
I'liilcil States' (.uvcrnm<nt, willi ihr eaplains and nllinis oi' the United Sinter' •hip
AlliatKisSt" with tlu; (laiilains :,nd ollieiis ol the I nM< d St.iii -' ie\(nm--enlleis criii.-inic
III ruliriii;: Sea, in the eiimlnet I r the ('oMi|ian\"- uliuiaU n-ident on the islands, and ii:
avcrv lii::li neuiee iii the ullilmi.' ol the .Amiinaii ( 'iiiiimi^-iiii'. we leeoLiniMil eontimial
.iiixiciv loi' our eoinforl. and thoii'.ditlnl |irii.isiim lor tin; aeeoiii|ii!«hmenl ol onr husiness.
It (ioerves in lie nai licnlai ly ii eoiilcii that on the inland-, we cnjeved, tonetliei'
uilli the Amirican ( oimnissiomT.--, o|iportunilu ■» and privileue-i that, had mvir In (ore heen
.ii'i'iinicd to aiiv inves|it;atoi'>, whetlur Ameiican or Ihilish; that the utmost Idierix
III actitin within the Itoimd-. of pu mi .\a-, pcrmilled ii-< ; thai, in --linrt, we wcri' lel'l (ree
III <('e nil that was to he seen, and to do what^oivi-r eommended it-rll to onr inclinations
ii )iii|L'iiient.
U'J. I asllv , it liehoves inr to iieKnowledire that in liie in\eKti<;ations pieseiitiv to he
iiMiilicd mv own |iarl was that of one aimni;; many, and that the eiiiel Inii'den lay vvith
|)i. .liir.laiMmd his ( 'ommission. t )n tluoe <;ieat and -eittiiiil rookeries a n>an wm '.im:
•inuly can do little, where a company workinu' in eolhi>uin can do mncii. Acecndin;:!)' ii
\\jis iiiv hiisiness to <o-o|Hiate contimialK with the .\ineriean«, to -ee wh it they saw, and
III |iaitiii|iate in what liiey did: aie', a- in cm -witness ol ail that ihey wdi. sM'd,
I ilisiie to place my ttstimonv on reccird that flu neiierid sneee-.* ol onr j'xji.'dilioii, lln'
iK'W kno'vledu'c as to maltiis ol tact thai we ohtained. and in particulat the cen.><UM s thai
«i lor the liist time attemp.ed and achieved, were oik- and all tin di-eif result ol
III .Iduian's counsel anri |. .idership
It is my purpose to deal in this Koport with the i^eijeral cose under the lollowinK sidi
\i«ii)iis :
1. 'W, • prcKcnt condition ot the sen! rookeries on tin j'rihyloU Is' nids.
'J Tlie extent and cau-e. ot'tlic inortalitv of pnjis.
:t. The driving and Ivillin;: ot >eals on liie i-<laml- and otm ' malter-> ot local nuuiagc-
inriit.
1 Statistics of tli:- indiiKtrv.
"11
Lre of (iiiiik^i
poi'tioiiK tlial
|)uriicy ^oin^'
/
left St. Paul
n
4
n
;i
M^
f!
^
•.
|m
. :i
!^f
^ rf
ll»l
M-i! .:■
':•>■'
'^
r...J.
«
^ ^^6
■ .1
>' fe:'
■»' . I r : w
i
II
»
St. CfKOROK tsL.VVl).
Tlir Aspect and Condition of tlir Hnokrilr.s.
S'nrtli lioitknii.
This rookfi'V occupies ii strctcli ni loii^li ^lioii', strewn with ,!;i'out blocks ol basalt
lor till- *|i:ici' (it ;il>()iit 1 ,00(1-1, 10(t y.iitis wi'-t dI' I'm- villiii^c, oil tlu' north sluni' ol il,,.
lai'.d
n
I'liinil tlic uinif or li>s n.rrow hciicii lisc low clitl*. lnoktMi Vvw anil lliere bv uiiHii,
uiviim I ;i>\
acci'ss to ilu' i.'('iili\ -joiiiiiy; platriiii anovf, the inaiii ii'-^oit ot'tlii' yotn
and l'a('h< lots, Sii:'h a roiiliu'iii'itinii of low lii'ai'h anil hi.:h(M- hark^iouiiil roiiwnii'iitlv
a|)pHMiiIii.il ini chaiactiTistii- of llic majoritv ot the rooUeiie.-. on both islaiiils. in this cms.m
liii'p uull . at till' '■a'it (el. i)liotouia|)!i No. '.(.''i'^ anil anotliiT ahoiit, ."{(It) yai<U hi'voiiil tin
Wot riiil of till' lii'i'Oilin^ looki'iy I'oriii tin- main ascents I.) llii' haiilin:,'-;;ioimiis. Jln
w('.sti'iiinio>t ifiillv ol tlir aitiial rooki'iy ^pholoij;i'api> No. !l I ) wu>, wi; wric tolii, im
iiiiporlaiil asi'ini to the htiulin,i;-'{i'(nuiiK ten or fittecMi year.s au'o.
'I'iie liineniii oeenpy the lieacb in a line at tiist siuht lonlinuoiis, hut internipteil liv
live shi 11 Imi iiks anuviiiitini; in the aj;tfrit;ate to a spaei; oi a. mt I fiO yard*, in the two
^vesternnu)^l patches ol the rookery tiie barenis run iiack troin the beaeli up t»
convenient !;uIlie^ to i dihtance in the we-stenunost ease ol about .')() yards lioai the
shore in the early part ol the seuhon.
On our tirst visit i^the sih July) we alleinpted to compart- the aspect ol" thu rookcrv
with the outliius marked by Mr. Townsend, on the Isth .luly, l'^!)3« upon Mr. StHiiluy
Brown's map ol the rookery (of. .'•eii. Doe l;{7, I'art II, (hart \\.
.Mr. 'rowiisenil pointed t)ut to us that the ixtremities of the re-entrant avenues m
the weslirn ;;ullies were now apparently slightly curtailed, that a small break existed, iim
marked in his map, in the tiist or eastern patch, and that the iiiiddU patches were thiaikil
oil at their ends. Uut it seemed to me that in at least one part (ol the westernmost |iutcii
hut onc^ the space ocinpied was broader than the map displayed; and hearing' in laimi
tirstly, that the oriuin.d ■>urvey was a louxh one (as ('aptain Most-r and his otiicers piov.M
b\ a partial testirxiv this year), and, secondly, th.il the plottmi', oi tiie occupied aren.bv
a bird's-eye inspection was rouj;her still, and, thirdly, that our visit was ten days earlier in
date than that ol' Mr, Townsend the year bei'ore. and I'ell by so much the more shun
ol the period ol iiinxiniiim cNpaiision of the rookery, it seemed ilear to nie that at leuM
no such eiirtaihiient of the rookery's extent had taken place wilhiii a year as eoiilil lii'
certainly discerned b\ the eye or demonstrated on tin chart.
t'l'he " .spreadinj; "' of the rookery as the season adv.iiiees may In- slmwn by a coin
parison ut .Mr. Maeoim's photographs Noh. 2, I, taken the lotb July, lHi)tf, witli mim
No. 'X\ taken from ihi' same station on the .'Ulth .Inly.)
On the li.iulin^ ground above the eastern end ol the lookciy (still on the oivasinti ii!
our lirsl visit) we saw a body of about liOO liaeliclois, mostly youiiu; or old. those of i il>i
mediati' "killalile" si/.e heini; very few. A '• drive " had taken place two days previou-l,
('he (Ith ./iilv) Ircm this lookerv and the
neii;l
itHiiivnii; one
it Staravc Atil. at wliieli ItHt
wtre killi d. 'Ibe circiiin^tance that .inother ilii\e on the \'M\\ .Inly from the same iv.
lookerio \ielileii -1^7 skins, and a final one, on the L'iih .Inly, ;J( Its, illustrates the hut tin
tbe liacbelois, at least, aie never all at once noon the rookery, but keep eotiiiii.u: and :;i>ii.
bitweeii lam! ,in(i sea. -o th.it alls oiii' apparent .■ leaiaiice is never a complete one.
We ciiiiiilid .1 lar:;c iiiiiiilier ot hareins with a view to a'-eeitainiti^ the avii>i;:c
miinhei of cows. I, lor iiistaiici , (onineil .'M hareiiis west of the middle point ol !l
rnokeix, and oltaiiud the lollowii,,; nnmherH : IM, M, l.'i, 10,(17. I.'i, n, I, 'j, .'5, I, I, .'i'.
I, I. j'(i, 10. .'I, 10. I, \, id, .'), 7, l», ly, .'), I, i;J2, .11, (Dial M'\, giving an iiver,ii,'c oi
about ld'<i.
Ibe |.ti^;e li.iiem iiinnlierink( nScows \\a- liy fur ilie largest thai we met with iluriii;
the summer. It was situated on the smooth llat rock above the last i^ully hut one to tin
west, its position beiiii: near the I It of my photoirraplis Nos, !)() aiic )i. 'I'he hull wii-
very l.ii'.'c and aetivi', i;iaiii,' riunid and round his cows. In his i'nnu'diale neiglilioiirlui. :
were eiubt otli( r well-',;n)wn bulls, one with linirtecii cows, two wi'li one each, Mi n^i
wi
th
none.
On my snbbKiuent vi»it on thu UOlh .luly this large hareiii we louiid t.t he hi ok
I
at l>l()cks of basalt,
north sliDii' III the
and I lie IV liy uiillu.
Ot till" yiitiii'^ > .;,|,
fioiiiiil oiiivi'iiiciitK
Hills. In tins (1,^1
) yard* Ih-viiikI tin
ilin;;-iin)iniils. ||ii
. Wl- WCIV told, 111!
Init inlci'i'ii|)t('(i In
yards, in the two
the heacli n|> t».
r»() yards IVoiu tin
|irc;t of thu inokirv
i, u|ion Mr. Stmiliv
cntmiit aveiiuca m
.11 hrcak uxistid.iKii
latclii's were Ihiinuil
; western most |iiitcii
I liearin^' in niiiKJ
1 lii.>< «)tliceis |iiov.d
occupied aruii, liv
ten dayn earlier in
icli the nioi'i- ^hori
to nil- that at Ii-hm
I vcar lis c-oiilil ill'
II shown l»y a coin
y, |Hi)6, with niiiH
on tilt* o(va>inn n:
old. those oi' i il.i
U(i days |ire\im.-l,
Atil. at wliicli ',{ni
ruin the saini' I"
>t rates the tail lli.i'
eoiiiing and uoii .
npletc one.
iiining the avera::i
liddle |ioiiil (il lla
N, I.--'. ;». I, i,.M',
ing an iivei'.ii;i' <ii
t\i' met with diiriii.
Illy lint oiu- to th:
ti, 'V\w hull H.I-
lale neit(hlioi<i'li(iiM
mil" eaeh, '\\ ■ ii>!
uiid t.i he hi'ulxi
up mA apparently divided between six or s<;ven bulls. Within a short distniicp of it were
nineteen hnrems and six woll-grown h.ills still " idle."
We have here illustrated several elementary facts of seal eeoiioniv ; lor instance, that
there is no moderation in the hnH'; desires, hut that he ijets to himself a-^ m.iiiv cows as
lie possibly can; tiiat the harems are as diverse in ir.jmher as the hulN ,ire niiecpial in
utiriiKlh and ferocity; that the harems, once lonneil, are not immiit.ilili', Imf mav in the
roiiseless conilmt be broken up and redistriliufed ; and that many hulls, appan iilly in full
stitJiicth ami vigour, may for months to'/ether lail to estahlish a harem at all.
Other partial counts of the rookerv (still (jii our first visit) ^.ive us, lor instance.
flH4 cows to :»5 hulls (aviraiic ]U-r)), r>\{) u, ;)<» (avera^o 17), «7« to 51 (average Ifi-'J),
on the whole an averaije of 17- 1, and this was very iipproximately the avera.L'c lliat similar
couats elsewhere afterwards led us to.
On the aOth July ("ohmel Murray, to-ether with .Mr. Lucas and me, eounted the
ImreiuR then exi.sting on North Ifookeiy, and IoimkI -i'.'.'!, with ahoiil 100 iille hulls.
Colonel Murray's statistics for the piwious vear -rive iOO harems and oO idle hulls.
(Sell. Doc. I. -J? I. p.. '»7n.)
Sfnroiir AlU.
The rookery of Staraye Atil oe(iii>iis, like >ev( nd olliei-. u i/., at /apadnic and I'a.st
Ridkerics on St. (Jcoiu'e Island), l!ie place when- i eotupaialivel ■ levtd shore merges into
■A line of eliflii. The hevellid eiid el ;lie hi^dier niociid in such c.:'-es furnishes ! uiadiial
.lope upon which the h-ody ol seals exteial- In a couMderahle elevatio'i. At Staiave .\!il a
liilfli jirecii l.iii-side slopes in --emi-i .ii iilar form to a sliinuiy Iract laciim- northward. In a
liollew liL'twcen is a small lake, the iestm;;-p'..iee of iimumcr.ihle l\itti\\ake>-. " V'uui ilie
western point of the hay the eoa>( heiids at a >liarp an^Ie soiith-v\esi'vard, .i: d el inuis to
a line of clilln. precipiioim, inacee'.;>ilile, aed iinappi-oachalde. The siiarp ascetuiimj
suinniit-liDC of the heujnnini; ol the cliffs forms the houndary of the hollow. The main
rookery facf.'S north-west, ix ciipyiii); the hordei of the slope towards the edge of the
precipice, to about half-way up. On the front of the ^recn liiil-side, two thick patches of
wild ccl';ry {(iiujrlicd) form a conspieuous land-mavl;, and aromid these and below them is
visiuie the outline of the old haulini;-L:rouiid. Ie>s 'ii,>liiiet than in the photographs of l>*ff'J.
On the •'^Oth July a cuiisiilerahlc body of hacliclors was mcu hiuh on the hill above the
ill. in rooI<cry. whil:; other hacbelcrs and idle hulls confircirated in small numbers on the
bciieli
A comparison between Mi. Town-end's pholonrapli No, .3^ (I8tli July, lft9">) and
mine No. I (7th July, IHitH) or No. «!) (.'lOlli July) >hows clearly eno'ui,di that no
i'(>iispiei;oiis chanue had taken place ii! flu; rookery within a twelvemonth, while a
loinparisoii of the last two, taken at an interval of three weck> shows that in the course
of the i.easoi' the rookery had spread somewhat further ii]) the hill ami somewhat further
lioiii tile edt;e of the elill'.
In this rookery C-'olonel Aliiiiay counti'd, in my preMuce and Mr. Lucas's, on the
IIOlli .luly, seventy-five harem-, and >eveiifv-livr idle liulls. Mis statistics for IH')r» L'ive
s:\tv hareuih and forlv idle hulls.
Zfili.tilii"- (Si, firnrrii').
This rookery occupies llie soulhein half of a wide hay on tin' .<onlli-wcst side of the
islniid. To the sluithward, as at Slaraye .Afil. heyond the point .vhicli terminates the hay,
a line of lii.i;h clifi; siieeeeds to a level sireteli "of -liore. 'I'he naikcry consists of two
'l(mi.'aled pat( iies on the lieacli and a third lar^-i r palcli which partly lies below an<l
jiurtiy aseendsthe slopinu' nl;:e of llieri^im; t;rounil where the heaeli mcrff.s iuto the clr'Tw.
The main li;iuliii^-:.'round for the bachelor- lies between the two latter porfions. and ubu^e
and hehind the last.
We first visited this rookery (Mi the !ltli and llth .luly.
The first or iiorthcrnmost pate'i opiai the hiaeh then <oiitaiiieil thirty-two harems,
the nine hir;;est counliii'.; Irmn ten Jo thirty-three cows, the rest varyim; from o!ie upward-,
Kiv in- (at this date) the low aveia;;e of II'L' cows to each. Tweiitv -four laifje iille hulls
were eoiiiiteil in llie imiiiediale neiudihourliood. I he uiral I'.ii'nhei <)\ idle hulls in ail
parts was a con.spicuous leatiiie of tiiis rookery.
The middle patch of the same rookery is somewhat larger,
Hotll of these patches appeared to be somewhat iiarrowir tlian Mr. rowiisend had
,• at "
■ ' , - :',n h '
m
''■pS If'!
I'cprcsrntod tliem in liis cliarl of \s't.'>, hut the first paU'li Heenipd to !iie somcwlint more
elongated tiloiijt; the siiorc in a iiortiu!rly direction. At tliiH dato the region close to the
water was in l)oth |)hot()^ra|)ll.4 ahnost unoccupied, and in neither ease did tiic harems rise
ii|i above tlie slopinfj tract to tlie level o( the hi|;her ground. They bad to some extent
spread out backwards l)y tiic time of our second visit on the Ist August.
The south end ol" the rookery is of greater extent and much more populous. It
commences wlierc the level ground meets the clifl's. The harems ascend the slopi-, on
which a broad shelf or "bench" gives u convenient habitation for many, and a small
nuniiier ol harems run along the l)each for a short distance below the first stretch oi
aRceiidini; cliff's. Itcferencc both to the nuip and the photographs tends to show timt thi>
rookery Ims diminished in recent years. We nuist make some allowance for the fuel timt
onr lir.-l iiliotogniphs of this year were taken (Utb July) befoi-e the spreading nf thr
rookery liad beaun, ami that my seecml series were n)ade (1st .AuLcust) when many ciiws
iiad 111 ;;uii to go to sea ; but, nevertheless, it is evident that Mr. Townscnd's photoi.'rii|ihs
Nos. ,'l!) and 40 (18th .hdy, 18!)5) depict a larger body of seals, both on the slope oi' tlie
bill and in the distant |)atehes of the rookery, than (io my corresponding ones. No.].',
(lltli July) and No. !I8 (Ist August). .NJr. Macoun's photograph No. 50 of the
•-'Mill July. 1H)»'J. shows also a decidedly larger mass of seals on th(! slope of the hill tliiui
do Mr. Towhsend's pictures of IH*).').
This redndion of numbers on Zapadnie is, I iluDk, unmistakable, and it deservi^ i,,
be pointed out that there seemed to be no |partieulitr circumstances attendii)-; oui
iiispK'lion of Ibis rookery, no special facilities fur our closi- examination of it. sii'.ii i^
mivlit account for a 'li'crcase bi'ing here more easily demonstrated I bun on otlie- rookeiiis
where \M' failed to observe if.
On till- other bi.nd. while liie phototraplis undoubtedly Jjive indications
ol
diminution, its e.Ment nmsi noi be c.Nairgerated. On comparing my photographs abovi-
ipioled of the 1 1th .Jidy and 1st iVugust, we see that on the slope of the hill there weiv
liir fewer seals present at the iaiter than at the former date, while a very large nundur lev
eoniircgated In low iheelill, In tins latter silnation there appeared to me to be at lest
l.liUO pups, 'i'lie day was exce|)tionally bright and warm, ami I thiidv the rookery «mis in
part deserted. Moreover. (Jolonel .Murray's actual count gives us for 189(i ISl' harenw
and llXt idle bulls, against 11(1 and .')() respectively for 1S!I'>. Kor this reason I can liiv
little stress on the apparent indications of decrease since last year, although I think that
in the longer interval since the taking of Mr. Macoun's photograph of the 'i'.tth July,
189li, the diminution in this particular locality is distinct and considerable.
Knst liookfii/.
Kast Rookery lies along a convex shore near the extreme enti of the north side oi thr
i-land. !n the eastern portion of the rookery, as at Zapadnie an<l Starayc .\til, tlie low.
King" shore meryes into a line ol elitl's, and the harems are in part scattered iipini the
(oniieeting slope .md in jmrt distrilinti'd further eastward beneath the cliffs. The (>|un
part of the tract, on whii h are lour or five patches of seals, is divided by a small point
and terminated by anollnr. A little lake intervenes between the first point and the >lo|iiii.
bill. On tiie roiiiib tiiee of the latter, as at Staraye Alii, is the main body of seals, thinly
scattered and not nearly covering the whole b'ce of the hill. On Ibi- portion and on thr
beach belov are about sixty bulls with liareins. On the more inland portion ol the siopr
;ni(l iiroimrl and behiitd the little lake, are congreiiatcd the baebelors. On the shore in
Iront of t!ie lake, and auain between the two western points, are colonic; of sea-lions, thr
first including about l.'Jl individuals, ihe others much sinuller. Siill further to thf
westward is yet another point occupied by sea-lions; and between this and the former one,
will up beyond the beach, arc bands of bachelors.
On the b(;icb between the lake iiiid llie first point were about twenty harems, b('tv^tfn
till' two points tbirty-tbrce, and below the elitl's to the eastward of where our joint count
bcL'an -Mr, l.ucas counted nineteen.
Utile Kant Rnokery.
This liUle rtmkcrv occupies a rough stictch of vciy rocky shore, about 400 to ."iOn
yards wtst ol Kast K<»okerv. We lonnd it to coniani forty bulls with harems.
In the care of the sm.||| mokeiy of Little I'last, tiie pbotograjilis give an adcipnilc pietnie
of the breeding betd, I llnnk that a com|)ariH(jn of Mr. 'rowiiseml's piiotograph No. t!*
e somcwiiat mort,
gion close to the
J tlic iian-iiis risu
id to soiiio extent
)re populous, (t
;nd the blopc, on
mny, and a small
10 first Ktretcli oi
to show timt this
lor tliL' fiict ilint
spvcudiiij? of till'
when many ciiwv
cnd'x photoi;ni|ih»
the slope? of the
[liiia; ones, No. i.',
1 No. 50 of til,.
ic of llic hill tliiir
ind it (Icscivts t(,
L'es altt'iidiiii; om
;ioii ot it. sii'.ii iiv
1)11 othr" fookcrics
indications oi' ,i
ihoto^raphs aliovr
he iiill then' wciv
' large mniilui' icv
Die to he at iciM
he rookcrv vmis in
181)(J 1SJ hamns
is reason I can lnv
lough [ think lliai
)f the 'Jltth .liilv,
le.
north side oi the
lyc .\til, the low.
itteieil ii|)(in tlir
llfls. Tlic n|](ii
hy a sniiill |iiiiii'
and the >l(i|iiii.
y of seals, tliinly
rtioii and on tl.c
lion ol till' ^liipr
On the j-liiiir 111
of sea-lion^, tlir
lurther to ll.i
the (briiuT iiiif,
harems, hctwcin
e our joint coiim
(IHth .July, I8}t.i) with mine No. 2 (Uth July, 1896) or No. 84 (29th July, 1H90) shows
very clearly tliut the niokcry was at least as w«'ll filled last year as the year before.
TakiPi,' Ivist and f.ittle Kn«t to-ietlier. Colonel Murrav eonnted (1st August, |H96)
17<I linrems and :>r) idle hulls that is to miv, .ilimit as inanv harems as at Zapadnic and
hut halt' as many idle hulls. His fi-ruics (or last year ^-ive' 10.') harems CKast 80, Little
Kiist •-';•) and «(» i<lle hulls (Kast 40, Little Last 20)'.
(I may here venture to say in pnieiithesis that, while Colonel Murray's enumemtiou
always seemcfl to me h.,»st enref'nl, I was on the occasion of this visit purtienlarlv impressed
by his punctilious aotutacy. While in <'ver\ ease his count nearly tallied rith my own,
yet in every section of the rookery his Hi>mes exceeded mine hv a unit or two, showing
tliiit he had every here and there detected a harem which had escaped my eye.)
In the tollowini,' tahh of statistics irom St. (ieoige Island, I have set side hy side the
results f this year with those ol last. For this year we have the c-ount of harems (and
idle hull! made hy Colonel Mnrriiy in company with Mr. Lucas and myself. The mimher
ol cows is estimated, first, on the liasi^ of ITA cows to the average visihic harems;
gfcondly, plus the a(hlition of 7.'» per cent, deduced trom our count of pups on Ketavic,
»n(i elsewhere, which count showed to that extent a larijcr luimber of pups than of cows
present at anyone time (ridr Infra, pp. <», 10). For I «!).') we have, firstly, Colonel
Murray's similar count of hulls and of harems, which he then made out to he over
13 per cent, less nmncrous than last year; the cows he estimated al -40 to a harem, as
ii};ninst our extreme corrected estimate of M)'! (\7-',\ X ,'„'*„), urvcrthclos producing a
total, •'{;■) per cent hehiw that accepted lor this year hy the Aineiicaii Commissioners and
hy ourselves. Lastly, we have for lH<)j tin rouiili i-stiiinte hascd on average of
.Vlcssrs. 'frue and Townsend, who place the mniiher of cows at over .').'» per cent, less than
the miniher admitted to exist this year; and the fad that, acconlin- to the^c uentlemen,
the nniiiher of hulls was comparatively liidi (only H'» per cent, helow our own), is not of
equal iinportaiie;, lor their estimate was hased primarily mi the cows, and the hulls were
not counted at all.
Statistics lor St. (ie(uge Island, I HUo-Wfi.
ls!i;i,
,. , ('oloiu'I Miirniv.
HiiokiTy.
Mt'SHr*. Tru«* anil
'riiwii-.i-iHl.
Iluriiiii.. Cow«.
ihOi.
roloiii-l Mitrrajr. Or. JonUii.
lluniii.. Idio Hull,. ^"'*"
lit Hi,
Il'i I'liiti,
iiiii-uuii.. ..^-rj.
Com
+ 75 (HT
ti'iit.
1
!
Nnrtli .. .. 100 10 4,000
Slunyi'Alil .. liO ;>J '.i.lllll
ZaHnir.. .. 110 AO 4.400
YMt .. ., SO 40 3,200
l.itil' Ka^l . 25 20 I.UOO
1
I7.'> 2.H00
H7 l,;i9H
174 2,7Hfi
92 ' 1,476
33 ' 527
22,'>
75
182
135
44
100 3,H'JI
7.% 1.297
100 3,1 IH
1 .. 2.335
1 ■'•' 7bl
ri.809
2,2(>9
5,.'iUH
4,088
I.MI
TaUli .. 375 200 . |3.illlii
riGO H.9H7
061
335 11,432 1 20,003
1
ihout 400 to :iw
ems.
adeiiualc piilirc
olograph -Nu. l'.'
I do n )t in tliis case, nor in other similar cases, in the seipiel, (piotc my friends,
Mi'SMs. Tnic and To'viiscnd, with the least inlMition of imputing inaccuracy to their
ohni vatioiis. On the contrary, I shall take pains to show in anotiier placr that we have
liiniile indications of the care and acciiricy with which their estimate was made, according
to their upporttinities and the knowleili^e enrreiil in llien time. It is Dr. Jordan's own
(iiscovery of the (iict that, no emimeiatioii of cows, cvjii al thr ' li if^lit of the season,"
tiiines within 7") per cent, of the aelual mnnher appert.uning to the lookeiy, that has
thrown a ne>v light u|ioii the (picstioii and shown ns that such numerical i>stin>.ates as
tlios'.' of Messrs. True an.l Townsend were utterly misleadini;, in sp'te ot all their care and
truth and aceiiiacy.
I do not claim the r^ght to diaw from these diseivpani figures any positive evidence
of an actual inciease ol the herd on St (Jeorire's Island hetweeii the seasons of IH!).') and
iMt'i, or at least any accurate measure of sut^li an apparent increase, lint, on the other
h.iiiil, it is aininilantly cuar that we have no evidence al all to-sliow a decrease during that
period, and luitlier that the ttate of the herd upon the island is at least very much better
than it. was helievcil to he on the authority of the American Agents of ItJOS.
[4((7j ^
. 1 1 :'iif^ii
hil
.♦, n
Ht. Paul Island.
Ketavir.
Till- looi.trv uf Kftavit* lifsoii tin- chMi'Iii Hule, iieur the south ciui of St. I'lml \A-a\v\
on the opposite side to, hut within ii short walk «it', the village. it runs alonu; tlio Kliore
for nearly a mile of coast-line, hcuinnin^ some ^{00 yards from Ketavie I'oint, aioii;' |||(>
northern shore of ii crcsccnl-shnpeil bay. ami then extends ir./m Ketavie i'oint dm- nortli
to another point forming an aititieial honndary between it and Lukannon, '\'\w tirn
portion south of the point oeeiipies n sleep lieiieli, shingly and rocky. 'I'lie iiortlu'rii
portion euntiists of ^trai^ht stretches interrupted hy small coves or hays, of whicn ilic la»t
one is next to i.ukaimon, and forms a natural i>iiipliitheatre. Close to the water's edi^t' the
sliore consists ol an entablature of cohimnar basalt, aliuve which a sheUiii;: skpe, ;;i-aviHv
and stony, leads with or without bolder interruptions to the level uroutid above. 'I'liecliid'
lianlm^-^'i'ouiid iie> near the south emi ot the rookery, and is approached from seaward m
the iieiffhhourbood ol Ketavie l*oii<.t. Tiie rookery aHoids peculiar tacilitiis lor ,■\^\^^^•
inspection, and the counts made upon it are of particular importance.
Wc visited Ketavie tor the tirst time on tlie 18th July. In the little ampliitbiiilrc.
shaped hay already mentioned I then counted '>(>() cows, and Dr. StejneffCi, eouiiiiiii;
iiulependently. miide out .'tOI. Takiim the hay and a little tract adioiiiiii}>:, I ((iiiiiitii
thirty-five harems with from I cow to H() (tbe next lai^est beiiu; 7 ■, and the next r):VMiii(i
with a total nuinber oi 7^1. i;ivin<i tbe lari;e averajie to each of 22'1. Tlieie were latliui
more than twenty idle bulls within this area.
On th(> iifcxt portion, which consists ut a broken terrace ol columnar hasall, wiili •
narrow sandy acclivity heiiiiid, I lound the fir^t Iweiity-tivc harems lo iiielude .'!l.'i cnwi
(I to ')(i), Kiviiig an average of !.')•.'. The lurther counts made on this occasion iiec,| i|„t
be recapitulated. They were not complete, and only i;ive an idea of the averane >ize ui
the harems.
.My pbotc^rapli of tbe midnle portion ol Ketavie, lookitiK towards Ketavie i'ljint
(No. I(>, I-'Ub .liilv, IH'id), eoiiw'ides in iiosition with that of .Mr. .Macouii (.Nd. |i;,
S-'jlh .Inly. IhOJ) and that of .Mr. 'I'owiisend (No. II, 'iOth .li.'y, IHU.")). | cannot detiTt
any appreciable diHirencc in the number of seals represcnt"d in the three.
The small bay already twice alluded lo is beautilully <lepicted in .Mr TowiiMii(i'>
jihotOfjiaph No. I.'i CJOth July, IMO.'i), and is also very clearly portrayed in my No. 15
(\M\\ July, IN.KJ). It sceuis to me that there arc actmdly considerably more seals tiniirol
in the latter picture. However, I do not wish to press this point too much, for it iiiav lie
that at the !alcr(lale a lar.i:cr numherof cow.-< were tecdiiit; atsea. Hut, on the other liiuiil,
Mr. Townsend's photoi;raph does not show any fjreat |>ic|i()nd(!iancc of pups, and at l!'-
date when it was taken ihc older temales have not, as a matter of fact, betaken tliemscivvs
in lar^e pro|)orlion to the water. My companion picture ^No. llli), taken on the
8th August, I80(), hIiows, however, that by that time a partial exodus has taken place, ami
the spot i< black with a crowd consisting almost wholly of pups grouped around the Imlls.
Moreover, the phototpapli at tliis last date .shows the rookery dispersed much higlier ii|i
the a.sceiit,the e.uiier pbotonraphs — mine and Mr. Townsend's — alike showiiij; the rookcrv
in its tai'lier, more restricted condition.
Whctlur or not tbere be any reasonable grounds for suspecting an increase, I hid
perfectly certain in my own mind that there is no evidence at all of recent diminuiion in
this rookery.
On the same d.ilc (iHtb July) of our tirst visit Colonel .Murray counted I'M) Imieiih
and 100 idle hulls (according lotlie list communicated to mc by him on the 7th 8cpteiiilier).
At the average r;ite adopted by us ot ir.'i cows to u harem at this period, that nuinlxr
would j;ivc .'I,'-'!? cows. The (iguies adopted by Dr. Jordan (IVeliininury Ucp )it, p. 1(1)
show IS2 h.iiems, and (at the same average) .'i,l.''>*J cows, an unimportant dilleiencc. In
I H'J.'t Colonel .Murray set tlu! total at '2iiO bait ins ami .'lU idle hulls.
It was in this rookery, alter iiolieiiig ibe iipparently disproportionate nuiiiber of pups,
that Dr. Jordan initiated the crucial txpeiimrtitnl coiiiilin;; tbe latter. Tiic couiil of
living pups on Ketavie was pertovmed on tbe l.'lli August, and sluwed the surptisiii.'
number ol 0,010. 'I'liis figure represents an incrcise of !M per cent, over what we had at
(ik-t>t believed to exist on the basis of Dr. Jordan's entire csliinatc, or of t)H per rent, on
the basis of Colonel Murray's.
Nolr. — Dr. Jordan's ligureu for the other rookeries are calculated hy adding 7;') ;iir
rent, to those furnished by the count >f harems in the earlier part of the season alter
lull*
allow III!.', i'h was tliei) done, 17'.'l cows (o a U-.m-vw. 'I'Uv .(lid louiil iiiude iipnn Kc(;ivii'
wmild.iK is ahiivc sliown. permit, tlic additiim of '.ill per cent, ii.tlicr tliiiii 7.'» per cent., and,
iiiilcrd, Dr. Jordan liinisrir spraks (IV.Iiminarv lUpoil, p. 'iO) of the immlicr nl pups on
liny nxdxcry lu'iii'; m-arly doiililc i\w ^jrc.ilrst ninnlicr nf cows counted upon it lit any one
time. 'I'll'' l<>«i'i fi:iurr is adopted on tlu; ground ol a lower result oliiained on l.iif,'ooi)
Rookery and tin; Keel' of /iapadnie.
\Vc may ikhv sum tv) the stal«;nient« made iWr tliis year and last as to the number o
Iciiiu'e seals oil Ketavie.
Mr. True (Sen. Doe. I.'<7. I'art II. p. 101. IS'uri .^iv... as t!ie iv.ult of an actual eouiit
iiiiiil,. Iictweeii the Sth and JOtli July, Is'.!.-,, i, i,,tid uuiuhcr of '_',(i Id.
In the same year Colonel Murray estiinafed the nuiuhcr at ''.(tOI), uHiiii; the verv hi^li
nveiii'-'f of forty euws to a harem, llad he s, i the avcrai,'.- at tl.irtx . .1 uumher that woulil
now sccui to he a more rcasonahle one. Iii> roult would liav. lalliiil almost exactly wit!i
the (!,())!• that weri! this year demonstrated hy actual count of the pups; and if we add to
Mr. True's actual count of L'.O II) the jnercaM' of !l| per cent, to which the eount of the
{)ii|is now entitles us, we retudi the timiies uf r>,i)|-.» fur l.'<It.'>, a uuiid.cr which inav or not,
;is we please, he employed to iudieat<' a positive iiier mm- -iiice that time.
It is noteworthy that this rookery ol Ketavie .neiucd to the u'entlenu'ii wh.i inspected
It tive or six years ayo to present particularly verious indications t)l loss and dimiiiutioii.
In luH Report for iHiiM (Sen. Doe. l.i", I'art II, p. (I, Is'.Ki) Mr. TowiiMiid .says:
•'Kct.ivie, now the Ihiimest rookery on the ishuuls, shows a pereep'ilile deereise siiioe
]S\yj. 'riiis decrease is peiceptihle in some, if not all, of the |)hotoi;raplis tiC the
rookery." And, aijain. in the tollowiiif' year, Mr. Townsend says (ilild.,]). I'J): ♦•This
siiiiili and };ra(liially diminishinu' rookery, I hi lieve, slmws a slninkaire -inee la«t seas )n,
liiit not a very marlved one." It may he remarked that in this List Report this was the
only instance oa St. I'aul Island in which Mr. Towuseiid ciironicled a shrinkage since ilu;
jircvious year.
I,iil!(iniinii,
l.nkannon Kookery is in leility, as has heen stated alieaciy, contiuu..us with Ketavie.
It runs Ironi the end of the latter rocdiery alonu; hidf-a-mile or so of rocks shore, till the
Kiiks eml in the sandy heai h that stretehes all the way to Half-way Point and I'olaviua
Kdokery. The hanlin^-nround is at the northern cud, near the saii ly heiich. This loiii;
siiidy hcaeh later on in the season, in late August and Septeinl)er, is thickly dotted with
hulls from the adjacent rookeries, as aie the sands ofMiddle Hill and Knglish Hay on the
other side of the island. The haulinl;-^ldun(l of Luk.iunon is said to he remarkahle for
the lai'i;e proportion of yoinu,' males t!)at its diivcs furnish, and is spoken of on tlie islands
as "tlu; riursery " in eoiiseniience.
The photof;ia|)hs (Maecuin's No. <il,(ith Auviusi, Isli'J, lowiisi ud's \o. 1 1, 20lli .July.
Isli'). and mine No. 'J'i, l.'Uli .luly, No. -J.'*, I.'>tli .liiK, ami No. 1 1!), 8th Au'.'ust, \hW,)
Mv on dit'erent scales and tor the iiu)sr, part from dillereiit points ot' view, ami hence do
111)1 i.'ive us Very much inlonuatioii as to the irlative states nf the rookery; hut, so lap as
tluy can he compared, my No. 11!', when regarded toLjethcr with those of the e.iilier
years, shows no pcieeiitihle decrease.
It struck me on our first visit (I'lth .Inly) ih.it idle hulls were vi ry numerous here at
lliiit time, and that the harems wi're, on tlu' aveiaue, of laru'i' >ize. At a eoiivi'nient point
III tlie middle of the roid\eiv I loiiud the aiij.icent harems. II 111 iiuinlu r, to '■ontaiii
i('>|ii'ttivelv -i-, I, '-'.''i, 17, t)<>, 17, fi, 7, 1;;, V), 'S2 rows, a tot.d (d 301.' aii'' an avera'.:e
of-.'7-.').
The count aicepted iiv Dr. .lordau ^ivc-^ N7 harems for flu; rookiry, or 'JJii'\ cow .,
:it the Usual a\crai;e ol 17 >, and -l.loil hreediii'.; cows, allowiiii; for an increas(! ot'
7.') per cent, on that numher. {'oloi.el .Murray (jave me lor the same rookery his eimut
iiiiuie on the \'M\\ .liilv, which places the ludls and harems at "JO'), with idle hulls at ]'J.'i.
I'lr iHlli"* C'oloiiil Murray phued the numhers at ;UlO harems and 'JOO idle hulls, hut it
must he icimuduie<l liiat tor that year Colonel Murray's statistics were in round
i.aiiiiiers and pmfes.seolv less ; ccurate than for IS'.Ui. .Messrs. 'J'lue and Townsend lor
is'J5 only admitted l',1>72 cows for Lukannon Kookery.
'I
RBfrJII
Laijoon,
This little rookerv occupies a shingly spit which >-tietches across from Tolstoi Hill
nearly to tlie huihour, and bipurates the bav on which the harbour is situuteil from u
I 107 J ■ ^
10
broad, hIiiiIIow, miKldy lnt,'ooit. In stormy wcallior tlio waves breiik riijlil ncro«« du. ,. ,
on which the seals He. No sials arc (hiven from fiiissmnll lookery.
iiv.eit,^. 100. Or. this rookery Messrs. True and 'I'ownsend ni.ide a eareliil eeiisns on tin- Idti; J^,,
1P().'», " passint; in front, ol' the rookery in a hoat, nsinu a low-jiowi r Hihi-ulii,.. ]
Harems were separ.ited liere hy eonsi(leral)le inlcrvaU, and as tiie wliole rookcrv w.i. .
plain view, there was no ohHtnck' to eonntmi;." The nnmliers tinis olituiiud >\,
^S'J harems and l,'.'()i eows. ('r)loni I Mm ray's lii'nres are in this instaner diHC-reiiaiii,
he states the nmnher at oidv .''lO harems, witii no i(Me hulls.
I laiiey that in thi^ paitieulai (Mse .Me^sis. 'I'rne and Tov send's eensu'. \\a« ■
more aeemate oC the two. iiiid lliiil Colonel Mnrray's was prohahly hased nn ,, .i,, .
distant view.
In !><!)() Dr. .Ionian, aerompaniid hy .Mr. Clark and .Mr. Macoun, walked ovci .
ronkery, makir.u; a close count of hidls, eows, and |tnp<. They {"oiind I'Jd liui,;,,
1,174 eows, and li,}S4 pup^. These tii;ures give the low average of \'2'l\ (ows /)>,;,/,
harem, and nl 'J()7 (an inerea-e ol (iD'.'S per ctnt.) as the actual si/col' liie avirn^c 1;,,
estimated hy piip>. .Mr. Murray's estimate ol' the nmnher of harems in iH'.Ji) i, ,,,
similar to I)r. J«)rdan'.s, viz., ll;'>, with 40 idle hinls. 'I'lie neneral results tli(jrli>rt- .,
an inei'easc oC eows in si^lil over lliose witnessed hy .Mcs-rs. True ami Townsi .1 j •
previous yiar, and a eonlirmalion hy the count of pep- oC the inadetjuaey ol' iiuv.:
in>pe<1i()n of the eows to i;ive a full account ol the nnndicr apperlaihiii'^ to the luoL
I he less perccnfaL'c ol pups to eows in si^dit than in the comit made on Kilu'.it .
iu>tilicatiou li r ahatini; (lo 7'> pir cent.) Ilii' addition (HI per eent. on Ketavie) rii|u,
to he ma'le to the averaije counts ol Cows.
This rookcrv occupies the rocky jmrtion to the en.st and south of a ijrcat hay Ij,. .
Hay) in the middle of the southern coast of the island. The hay is for the most paitNii.
ai!d where its shore heconies roeky aii'ain to the westward we have the rookeries of (Jrm
and Ix'sser Zapadnie.
U
M
f
Ul|.
lA-sM-i ^.jii|iiiuiiie.
At 'i'olstoi, to the southern ciid of the rookery, the seals occupy a roeky heacli
hi;:li cliti's ov steep slopes (photograph 7.')), diHieult of inspection until as tin- sa-.
adxanees it heconies po>sihle to penetrate into it. At the other end of the imi-
towards the san;ls of Knulish Uav, the rocks he further hack from the shore (photn.?
Nds. 40, 74, \-c.), and the seds are freely vi>ihle from the sands to tlu westward am i
various stations on tiic lull ahoNc. Helween the rocks and the sea are sandy slriti;i.-
he afterwards referred to in my aeeonnt of the dead pups. The chief hauliin;-i:io'jr,
aluive this litter |iortion of Ilic niokcrv and on the more or less stony slojie ahovt !■
ii(lja'.( nt p(alion ni iaiylisli Hay. (Jtlier tract ■; (pholov:rapli No. 'W.i) in the mii' ..■ i,; i
hay (Middle Hill) serve ;is haulinj^-nrounds lor this rookery ami Zapadnie.
•My (ir>t photo;;rapli of Tolstoi was taken on the I25tli .Iidy.
^Vhile in the more roeky parts of the rookery to the southward the seals lie -cuv.
in a manner •>imilar to llio-e on the other rookeries already deserihcd, at tiic i'
extreuiity they lie in a dcn.si' mass (piioto!;rapii No. HI), cNfendinu' for some di-tain
the hill at the extreme end of the rook 'ry, hid leavini,^ almost vacant the smooth, -
interspace already alluded to. This rookcrv showed very markedly the chanite in m-
and in extciit i f /roimd covered liv the seals at a later period in the >easoii. liy lit
our second seiics of views were taken (Till A'nrust, photogiaph No. IdO), t! ■ >
interspace was largely oeeiipii(i hy mmU. and hareins were dotted a.iionj; th r
almost to the very top of the hill ; still Liter thrv rcacln il the rock at the very top.
.Mr. Townseiid's vitws ot this rooLeiv arc particularly line and on a lariicr vmIi'
ours. His photouiaph .\o. '_'•'> ("i'ltli .luiv, Ix',).)) would ajipear at tirsi si^lit to .
iinadi lart;ir niimhci' of seals than ours ; hut it is taken at short iain,'e and tVoiii ;
advantaireoiis locality. When we take it in eomiection with its eonijiaiiion |)ictuir N-
and then compare the result with that ol'tliN vear, the apparent (iiirereiiee tends in .
part to disappear.
Messrs. Trill' and I'owiiscnd ^ive us no complete and sp'.'citic! estimate of the n.
of seals ill this rookery for 1^!),'); hut Colonel .Murray places the iiiimher of hai ,
that year at 400, anifof idle hulls at •_'.-)(). !n l^^IKi (Kith .Inly) he estimated t!:c l.r;
at il^T), and till' idle Imils at I'^U; hut Dr. .Jordan and his party found soinewlia! ,
.SH!) hareins on the main or nrrthern part of the roidicry and Ills more under iIr
On the lalter portion of the ruokery the eoi\s were eonntiii and (onnd to nuniher l.ll'v
avcraiie of l'i'S7 to a harem ; and the live pups were afltrwards counted to the iii.ni':
■'iNI i' ■■'■ i- ■'
- ,
n
ik n!,'Iit acrn« tlR.,,,,!
•nsiis on till. Kniij^i, I
lowir licM.-lii^, iiT
wliulc I'ookcrv *ii. ,
s tlius (ditaiiuil i
iiislaiicp ili-civ|iai,;, ,1
^(•iHl's cciisim ,vas 'I J
lalily t)iisf(l (III ;i ,|„.'|
icoiin, walked over
vy Hiiiiul I'Jd liui.ij
if \-2'l\ (OWN '(»i7i/fir, J
'.0 of tlif avcrniic ImreJ
aiLMiis ill iH'Ji) I, ,,^|
ill ii-iulis til, .-clort ;rr|
' ami Towiwi 111 ii, >!_,
ia(li(|iiacy ol" aiiv «iii-n
itainini; to tin- rook ■
iiiadi- on Kitmif .
. on Ki'tavic) ri»|ui! -|
of a !;reat liay ,l',i.. -I
lor till- most |iiiii Ml,
tlic rookciii's ol'div
py a rocky hcacii uiif
1)11 until IK the H-i:
v end of the io(ikr|
the >*lioi'(' (phiitij.r.;,
till we-lwanl ainM:;;
ire sandy slnteiu.,'
lief liaulii!u-i:i(,'ii
stony slojie aliovi ;
') in tin.' mil'
adnie.
the soaU lie ^cat;..
seiihed, at tlic i'
lor some di^tam
lilt tlie sinootli. •;
the fliaiii;e in mr.
reason. l>v llic '
No. 10!)), 'tl.r V
ted a.iiDn^ 111 •
it the veiy top.
OH a laru' r ^> i!'
tii-t .si','lit to «
laii^i- and tVoiii ., ^
ipaiiion pictuie Nc
reieiiee teiuK :i' .
stiiiiate of llif- II .
iiuinlier of liai i
estimated the li.ira|
touml somewha! ,■
iiioic under the ( :
id to numher I.;1'\kJ
[•oiinteil to the lu.m
il0H, pntg Ml increase of 77H ^ht cent, over tli(! original loiint of cot*», or an average
, frt ID the count«-fl liarinn-.. 'Ihe jiaitial eoiint of the lookerv for \»''j:> ijivcn by
fcT— Mf d (op. rit., p. :\')), "from the point («) the end of the «Jia>> lllufr," appniM
jjaiB U Mwd mtki the one ahove alluded to as "under the elill's." For tlii-< areu Sir. Town*
fndo«* 'J' hannis and l.o.'Mt cows, an average of KJOto a haiem. 'I'lies*- iiuiiibers are
w^f/eam^*^^ i<k>iiticul with those of Dr. .Ionian lor \^Wt.
\ ' W\Sk wi' have thii.s no evidence to sliow a deeivase of the ruokerv thiiinj,' the |K'riod
34li-l6f y»l 't n»"*t in tins fU'^e he adiiiilted '.hat a eliuiii,'e is perce;)tible since the earlier
Lflagnf^ "Me taken in IH'JI U-'. The ^leal mass ot seals, mostly luichelors, shown
r r. ■ n _*^ ..>...>..,. .»...!. v.. •!•-. ilotl. \ .,......» 1.^111, . ..... 1 1 .1.:
LPiTDUwsoo's photo^-raph ao. :ij ^I'.lth .\iij;ii»t, ''^'.(l), was lar iicyond anythin*,' we
B» «• H* ^S"** ''•''* year, Old the rookeiy is, I tiiink, niidouhteilly more populons as
].';,-v!>tt*t^ «" M>- .Mat uiiu'^ phiitii:.:iapl,-. No-. 7<» .mil 71 (Mh .Aii^ijiiM, IH'J-J) an«l
,Vi».. J(l »«"«' -'2 l-lst Air^ust, ISil'i). The ca^e as reiiaiiN the lailielors diniinifhcs in
jgarttaiin-, if il* importance does not altoi^ether vadisli, .vlicn we leniemlH-r the »m ill
huttWr Lillnl upon the island iluiiii!;; IMIO, |S!M, and X^Wl, ai criiiiiiarei with the
tu»!«T4a»n belore ami dnriiu' om inspection of l>*!Mi; .ml ,,, it'jjuids the hieedin; area*.
ittatnu tA ibc jihotofjraphH ahove (pioted siiu.eits that the area- occupied ha^e sliittcd
kiMsrllat litiK*. Tiie pictured aeein t i :iie to iiidieat that while the seaU exteiide i (.oi:-
kiucnUr "c-Yond, they were less numerous immeiliately within, what is the preM;nt inaruiii
i;lbrfwAct». Wr. Townsend liiiiiMlr alliule* to mk h achaiiiieiMid the pos-ihle reason- for
: '11 <ir. ' «bi'n he -un- that " allowance should ue made lor a eiiaiiue m the nliape ol the
;.i a«H 100 feet Of more of sand heiny; tilled in the hn;lil at the lel't end of ihe rookery."
i;:ii, miioa; ttk>' he-t of the evideiiC' in haul, I am ipiite prepared to helieve that
r,l»U(i RAjofccf y i* towards its noitheu e\tremily ei i-aiciMoly poorer than it was live
XK/MKliiie [SI. I'liul).
Tiii* Ui'iC ro.ikcr\ known ai-o as I'pper or (Snatii Zapadnie, fringes the rocky
-.itju cilfCTiiiy ot Kiiulish Hay. 1 he i^round is low and inetfular, eoiisi-tinj; ot patihes
I lodk. liait* ot lirokeii .stones, and intervening; spaces ol sand. The «e.ils occupy the
Liuiri i« 4 *!*>«: of liom 1. .')(!() yano to a mile, and run l)aek\Nai(ls, followiii;; more or less
IidkU' ihc twnlour of the irround. in loiin le-eiitniiil line- or aveniie«. Three of tlu;se
k-riilrwil iiikcs >>c»<' the east end oi' the rookeiy, aie ediispieuoii- in |iii;.toi:raplis taken
Villi the «:«f«tiovi of the airiacenl lookeiy of little /apadiiie. to the east. The rookery
|i!iiaual«-» to the we-lward in a liii ; ol' dill's. The whole ana covercil hy seals is very large.
'llbt ji^v*i i*f. II? and irrei;ul.ii- distriliiiiion of the iook< r\ unile.- a hird's-eye
i-lifiiwa o» the tump. uisoii ol iiln.io^iaphs ol lillle value. .*»(> I'.u, as lar as the plioto-
.!i- JO, u»v phtitoijrapli No. ,Vi {','f\\\ .lily, Isihl; i(,mpaiev lavourah'y with
T,»jj*tiMrs No. 10 (Jotli .Inly. l«!).'i) The only picture sho.xiti'.: e\iilence of a
.1 .i.aSer ahutxiunce is .\li. .Macoiiii's .No. II \. |s;)j, whieli cover- the eastern
i:1«jii«4^tho*«.- just :illii«led to ; hutv.hcnwe reiiispeet the mon- rei'ent pictures, we see
'm.lhvii'Ji tlx precise -pot \- liari'. t'iie adjacent uroniiil iiiiiiiediately to the west is thickly
iliiib.ti'J. arjd ibe evidence ol the little urea h.v itself iie.u- no conclusiim.
Ijnk ZaiKtiliiie occupies the -tony fioiit ol a kiioll ahout .'iHO yards KmL', separated
loiu Gftalrr /apadnie hy a small sandy hay (Soiitii-\\e-t IJavt, into whicii runs a
|fr:.iiJ.l ^mtii a lake. I'atchcs of snow ahove the hay and rookeiy lemaiu Ihroushout
■ • •; fT, and for:n a coiispieiioi.s landmark. The lookery is iom|iact in lorai and
.kly pofml'iteil.
ii>uiji IIbc Knoll of I-uwcr Zapaduie a si iliy iieacli extends eastward for alHiut
Aii3d«l>> «he sai.ds of Kii},'lisli ll.iy, and aloiiu tlii- lieaeh are seaitered ci^lit or nine
iiU\jt» '4 »«aU, which were spoken of eollectivjly last year as the " Keel ol Zapadnie."
tiim jMULtsr are approximaicly identical with .Mr. Towuseiid's iharl of iliem tor 1>95;
^i!) a ten liny jntcli iiiiii' liately to the cast of Lower Zapadiiie hcim; still occupied,
urij \Aih i*y a single ImI: .<"' cow. (It prohahly contained no more than a .-inule harcin
I. j'irrx/a* tear.)
For I'iSij Colonel .'•.. estimated the whole area of Zapadnie (including Lower
iipadak and tlite - Reef ", t,. c .iitain .")()() haivms, wii!i IW idle hulls. In 1 896 (I6th
my) lie pbad the nuir.'oer ul. o77 and -f-'l respcclivciy, assiiiiiini; 477 harem* and ;ilO
jilt; iwlii to Greater Za^iadnie.
TLe couoicTation made under IJr. .Ionian produced a result very considerably in
tc» of th», \u., 583 harems for Chea'cer and 210 lor Lesser Zapadnie and 176
Dre tut tbe tUxi a total of 9t>9 in all. The cows were counted on Lesser Zapadnie
11671 ^2
■ ' < >' .
!;:i-
IMAGE EVALUATION
TEST TARGET (MT-3)
A
W
\i
1.0
I.I
|50 *^"
1 2.5
11-25 i 1.4
m
!4
1.6
Hiotographic
Sciences
Corporation
23 WEST MA.;. : STREET
WEBS ER,N.<. I4SSC
(716) i,»7V-4503
^^^>.1^
^
■^
%
1^
^^■^
12
and tl;e Reef to the nuiribtr of 2,400 and 2,2'n respective!}', and the pups on the Reof
to tl)(; nnriiber of 3,862, sliovving on the latter hrceding-c;round 71 pci" cent, beyond the
visil'.U- niitnber of cows.
Pnlnri)Ui.
This rookery, with its neighbour nr oiither, Little Polavina, lies half-way along tic
rn>fcrn cw'it of tlie island, at the far end of the long sandy shore that stretches north-
wfirds from Lukannon. In the centre of the rookery a long, low spit projects into tiic
>ea, to the south of which are other low-lying, h;ili-submerged reef's. Op|)osite to these a
rneky terrace fringes the shore, and above it lies a broad, bare ])lateaii, en which the seals
congregate. At the south end of the rooUery the terrace is broken, and the accent i>
gradual from tiie bearli. Reyond this ])oint tiie beach is narrower, and its cliRs liisrlier
(thouiih not so iiin'h us to jirevent fre(|uent possibilities oi a.-cent or descent), and in
lliese I'liffs are (bund s^cveral deej) recesses in tl;e columnar basalt (photograph No. .'')•')), eadi
occupied by its group of harems, while other harems are scattered sparsely below the
cliff's. The fiat, bare plateau extends the greater part of the way to Little Polavina, a
distance of more than a mile, and about mid-way between th? two rookeries a convenient
gully furnishes an ascent to it for the bachelors. The chief hauling-grounds are tiierefort'
to the south of Polavina, where the sands end and the rocks begin, hall-way between the
two rookeries, and again around the rookery of Little Polavina. Little Polavina itselt
(photogiiiphs Nos, fjG, 57) is a small rookery surrounding the base of a small jutting
point. The seals lie for the most part on stony level gmund, facing a low hillock above
the sea.
Of tlie rookeiy ot Polavina we have two vcrv exceilent photographs antecedent in date
to our visit, viz., Mr. .Macoun's, ])anorama, 60, (il (bth August, 1892), and Mr. TownsendV
No. ;; (2t)th .Inly, K*»D.')). In ^lr. Macoun's pictures taken later in the season, the seals
sprti.d further back than in Mr. TciWnsend's, and tl.e aspect of the picture is alfeeted l)\
the different state of the tide, which in Mr. Macoun's nearly submerges the reefs ; but,
nevertheless, comparison of the two is ])lain and simple, and I am quite unable to see
any sign of diminution in the later view. Indeed, it seems to me that the later picture show:,
actually more seals than the earlier.
The evidence in regard to Pol,i\ina i,s vuy eo
rookery deserves paitieular attention in the future, i^ .->.liiii..i ... ...,., .....^. ... ..^^,...0 .,,,
reinspeetion of my ])liotographs Nos. 52, r»3 (23rd .July, l.'^OO), and Mr. Macoun's
No. J 7 (irnh .lidy) and Nos. O!), 71 (2Hth .luly), that the rookery is less than the earlier
photogra])hs show it to have been, but I saw nothing on the sjjot, and I can see
nothing in tiu' photographic evidence to warrant Mr. Townsend's strong assertion
{op. cif p. 31), that, comparing 18!).') with |s.;'4, the " main rookery, situated on a comjia-
ratively level tract, is- shrioilten perhaps M per cent, in dimensions.''
nliicti'.ig, and the condition of the
It seemed to n)e, and it seems on
North-east Point.
The great rookery of -North-east Point is by far the largest on the islands. It is
grouped around the sides oj a ))eninsula commanded by Hutchinson's Hill, an eminence
about 80 feet high. This hill lies towards the western side of the middle of the penmsula,
and on the shore below it and up the slope extends the most densely jiojjulated portion
of the rookerv. 'i he rookcrv begins on the west side of the narrow isthmus of tlu!
peninsula on a rocky beach, and extends with a few slight interruptions to the extremity
of North-east Point, a distance of about 2,.')00 to .'5,000 yards. About the middle of its
length, where it skirts tlie hill, the ground is more sandy, and the space occupied by the
seals is much broader than elsewhere. The chief hauling-grounds on the west side are
just to the northward and southward of the hill. On the cast side the breeding-grounds
are much less extensive. 0» this side, nearly opposite to Hutehinson's Hill, is a rock)
cape about 2.")0 yards long, known as Sea- 1. ion Point. On its northern and .southern
shores (photograjjhs N\)s. 42, 43) are small patches of Inrcms ; south of it, on the beach,
is a more considerable one (photograph No. 44). A large rookery (photograph No. 41,
Macoun's photograph No. 9U) lies alauit 300 to 400 yards north of it, and a long narrow
strip fringes the ureater part of the shore between this las tnd North-east Point. The
rookeries on the two sides of the peninsula arc now distinguished by Dr. .Jordan under the
separate names of \ ostochni lor the larger western portion and Morjovi for the smaller
part or parts on the east. The latter name is given in allusion to the once innuraerabli'
waliuse» that have left their whitened bones in wiinesw of -i slaughter more ruthless thHii
any that the seals have here ever hcen s'lhjccted to. When the store liousc on tlic i.-tliinus
was l)uilt, it is siiid to have had iis sandy foundations paved with thousands of tuskless
skulls. Colonics of sea-lions still c\i^t on Sea-Lion Point, on a smaller point midway
between that and North-cast i'oint, hctwccn the two Datclies of seal rookery, and airain
at one or two small points on the western side near the far end of the peninsula. The
chief haulinfi-grounds of seals on the eastern side lie just beyond Sea-Lion Point (photo-
graph No. 41) and around the rookery bevond. Many seals also haul out close to North-
east I'oint itself. l-'roni .his j^reat rookery the seals are not driven all at once, hut
usually from the west and east sides on consecutive days.
As regards the eastern portion of the rookery, our photographs give good pictures of
the large mass midway hetv.ecn Sea Lion I'oint and the far end. This is shovvn in
Mr. Townsend's photograph No. 7 (24th .lulv, 1895), in Mr. Maeoun's Nos. 1 and 2
(2ind July), and No. 5i) (5th August, 1.">:J2\ aiid No. 18 (IGth July, 1896), and less well
ill mine No. 11 (l.''i'i Julv, ]8!)0). There is no difl'crence whatsoever between the pictures
of this ])ortion of the rookery taken in \S'.)j and i80(). (The little patch marked beyond
the great one on Mr. 'J'ownsend's cliart of 1S9.'>, was stiil distinctly recognisable, though
not shown in the photographs.)
In j\Ir. Maeoun's pliotographs of 1892, the bachelor seals were very much more
numerous, 'i'his fact, like the similar phenomenon already noticed at Tolstoi, may be
simply due to the sniaU nui.iher kilkd at tliat time, but, to judge by the photograph, I
fancy tiie rookery itself was then somewhat larger.
On the western side of the rookery, looking from the top of Hutchinson's Hill,
we have an enormous number of seals in direct view. With the older photographs
m hand, it appeared to me at my first visit (IGth .fuly) impossible to doubt that
a diminution oi' seals had taken place here since 1891-92, and wider intervals separated
the seals from the hill, and, specially towards the south, the extent of this part
of the I'ookery seemed curtailed. The broad stretch of sand here was almost bare
where in the 1892 pliotographs it was thickly bestrewn. This impression still remains
with me, but I am hound to say tiiat it was weakened, and my estimate of its
extent diminished by my subsequent visits. The extent to which the "spreading"
of the herd alters the appearance of this rookery as the summer advances is
enormous. It was with etmplete astonishment that on the 9th August we found the
breeding seals extending u|i to ilie topmost rocks on the western side of the hill, and
surrounding the pliotographie station from which we had three weeks before viewed them
at a distance. 'J'he ell'eet is shown in .Mr. Maeoun's photographs of the lOtli August.
The early photograph on which my lirst impression of decrease has been based was that
taken by Mr. Macouu on the 20111 August, 1892, a still later day allowing for still
greater possibilities of extension. Between onr photographs of 189(5 aiul Mr. Townsend's
Xo. (j (24th July, 1895) 1 can detect no perceptible difference.
The counts o^' this rookery are not very satisiactory. For 189i> Colonel Murray
estimated the harems (in round numbers) at 1,72.'); in lb9t) (18th July) he found 1,595.
The census by Dr. .Jordan's party fell considerably below Colonel Murray's figures, giving
only 97/) harems (or the western and 29 i for the ea!..cern side, a total of l,2f)8 for the
whole rookery. I cannot help thinking some qualification or supplement is required to
this estimate. It may be that the lunems were all on the average large, or it may be that
the influx of younger cows added largely in the later part of the season to these numbers.
For the numbers are certainly surprising ; inasmuch as they would make the rookery out to
l;e only two and a-lialf times as large as Tolstoi and less than one-third larger than the
whole of Zapadiiie, or, in other words, one-sixth smaller than the united rookeries at the
two ends of English Bay ; and it is certain that the apparent size of North-east Point
Rookery is greater than this, and that the yield of its killing-grounds is beyond the
proportion of such an estimate.
Reef liookenj..
This rookery encircles the southern peninsula of the island, as that of North-east
Point surrouiuis the northern. The western side of the rookery is knov\n as Garbotch.
The small bay to the south-west of the village has in its middle part a stretch of
some 260 yards of'sandy beach, sloping upwards to some sandy dui"is, known as Zoltoi
Sands. Behind the duiies the ground eonlinues to rise till it forms, on the eastern side of
the isthmus, u precipitous clilf, beneath wPieh lie many baclielors and l;;ill-bulls.
On the west side, facing tlie south half of the sands, is a stony ascent, on which and
on the stones below the holloschikkie repose (|)hotograph No. 49).
Beyond the sands the shore of the bay consists of a rough narrow beach, at first with
low, rough grassv eliffs above, fuit! r on with a high bank of broken stones, and at tli
t><^1t
./ s
jH
¥■:/'
mi
P ■
1 -1, .
m^
It
south extremity of the bay a long, higli, l)aix', ciudery acclivity, wliicli rises towards the
"parade ground " or plateau.
All along the hay (ioni Zoltoi Sands westwards are first scattered harems imder tlitj
clifT, then more nnn\eroiis harems on the broad beacli below the stony ground, and lastly,
on the lower portion of the great slope, a more numerous colony, running up here arid
there in uaig lines to nearly half the height of the hill.
I'eyond Carhotch, near, but to the west of the extreme point of the peninsula, is a
rocky beach with an ascending sk>i)e, commanded from above by a jjarapet of rocks. This
spot is known as the " Slide," and Dr. Jordan has accepted for it the Aleut name of
Ardiguen (photograph No. (i'2 ; Maeoun's photograph No. 'Jfi, 2.")th July, 1892). This
s|)ot was kept under close personal observation by Dr. .loidan, whosi; account of its (hiilv
economy will be found on pp. j4-()1 of his preliminary Report.
The cast side of the peninsula constitutes Hcef Rookery in liie stricter seiise. It
consists of a broad rocky beach, on wliieh a nearly continuous band of liarems runs from
the point to the isthmus. Towards the middle of the rookery are two -shallow land-locked
])ools of foul water, throu;:h which the bachelor seals llounder, or pass between them lo
and from the extensive bauiiiig-ground beiiind .his portion of the rookery. The east
j)ortion of the rookery does not extend so far tc the north as the west, stopping slioit
at the isthmus, the eastern side of whicli is high and precipitous. Near the nortii ::nd oi
the isthmus on the east, opposite Zoltoi Sands, and behind the dunes, is a small bay in
which the bachelors haul out, and from the cliffs above which a close view of them mav
he enjoyed unobserved (])hotograj)h No. oO).
The greater part of tiie pcMiinsula proper is occupied by a smooth plateau, sl()|)iiiLi,
gently to the east (photogra])h No. 71), known as the parade ground. It is now for tht'
most part grassy, except near the western edge, where the seals ascend the slope of
Garbotch to it in small ninnhers. Two Uiain and three smaller " jjinnaclcs " rise above
the parade ground, and conunand the best views of the Eastcrr. Rookery. Ncitr the
southern end of the istlnnus the ground is very rough and stony; near the southern end,
by the dunes, it consists of loose-blown sand, a siiort stretch of which is l)y far the mo>t
arduous part of the journey to the seals driven to the village.
Ik'lween the dunes and the [larade ground, on tlie route of the drives, is an old
killing-grounel, whose use is not recollected. On this ground seals ol all sizes appear to
liave been slaughtered.
'J'he smooth slope of Garbotch is tiie part (S tlie rookery wbeie we might ex|)e{l
the photographic evidence to be clearest, and v.heie we might hope to see most easily
changes in the su|)erficial extent of the herd. As a matter of fiiet, however, it is in just
such a place that the seasoi'al changes in area are so ciearly perceptible and so striking
that they hopelessly confuse one's estimate of the changes that may liave takei' place from
year to year.
In M\. Macoun's photogr;i|>h N(j. •»() (20th .July) and in my Xo. 00 and (jl
(24th July), the seals only fringe the lov.er portion of the slope, exce|)t at the far end,
where a wedge-shaped mass lams up to about the uii<idle. The appearance is practically
identical with that shown in Mr. Townseiid's photograph No. 17 (i:Olli Jidy, 1890). I5ui
the older photogiaphs, such as Mi'. .Maeoun's No. 74 (lath August, 18tt2), sIkjw the seals
s{)reading over the face of tlie slojie and reaching its sumn,it at both ends. Coming back
to the ])botographs of tliis yeai', we see the seals spreading far up the hill in Mr. .Macoun'.-
photograph No. (i.^' (r)in August) and reaching the toj) of it and invading the parade
ground mi Nos. 10.', lOfi (^Ist .August). It is here, in my opinion, certainly true, as lla^
been already saitl ni so many other cases, that the photographs of 181)o show absoluleh
no superiority in nundjcrs over ISUO, but that already ([uoted of 1892 does appear to show
soiViewhat nmre than those of the present year.
For tlie whole of Keel Rookery Colonel Murray estinuited the number of liarems at
1,000 lor 18!) J and 000 for I8!j0; Dr. .Jordan m tiic latter year placed the number at
fi-il. On Ardiguen "or the Slide" Dr. Jordan counted 27 bulls, 550 cows (an average
l0'4), and (i,j2 pups (an average of 23 to a harem).
Besides the figures (pu)ted and compared in tiie |)receding accoui.t, we j)ossess \tt
another estimate of the breeding seals for 18!);), that ol' .Judge Crowley, Kesidiwit Agent ol
the United States' Treasury on the islands. Mr. Crowley says iu his Keport (Sen.
Doe. 1;>7, Part I, j). .">.';, 18Uf)) "The breeding herd has been retlueed to such
pi'oportions that they can now be counted with comparative accuracy. I made the count
as follow s : —
"St. Paul island. Breeding cows, 7S,()9(i ; bulls, 4,372.
" St. George Island. Breeding cows, 21,240; bulls, l,lbO."
18
5 towai'ds the
It is obvious here that the nuinbei' of cows is estimated by applying- to the number of
liuUs an average of eighteen cows to each harem. One-lialf of these statistics arc as
remarkable for tlieir agreement with Colonel Murray's for 1895 and ours for 189G as the
other half arc for their complete discrejiancy.
The number of bulls assigned to St. Paul Island (viz., 4,372) is very near that of
Colonel Murray for 180.5 (viz., 4,('i-2')) and al)out identical with Dr. Jordan's for 18i)(5
(viz.. -^,.348).
But Judge Crowley's enumeration for St. (Jeorge is tiirec times larger as regards the
bulls than that of Colonel Munay for tlie sauie year 189o, and twice as big as Colonel
Murray's for 1S9G. The result, on the other hand, of .ludgc Crowley's low estimate of
eighteen cows to a harem is to bring out a munber of cows for St. (leorge approximately
ei|ual to this year's, but to give to St. Paul for 189') only tl;ree-lifths of what we now
holieve to exist there.
ikfore passing fron. the later to the earlier numerical estimates, I would diaw
attention to a passage on pj). 'JO, '21, of Dr. .lordau's nreliiniuary Report. Dr. Jordan
says : —
"Accepting the figures of last year, 70,4"jj cows on the rookeries would nicau an
auuiieuate of lii.'?,24() breeding cows. To this imutber must be added 2.'>,000 to 40,000
virgin I'-year-olds and as many yearlings to (orm an estimate of the actual number of
cows for 1S9.T. That the figures given by us for lM!)(i are slightly higher than those for
1895 does not mean an increase in numbers since 189.'), but simply an increase in the data
on which an estimate may be made. Messrs. True and Townsend, for example, count
2,()40 cows on Kitovi Rookery. Tiiis count is the most important element in tlieir
estimate by acreage. In this estimate, Kitovi is given credit for 'A'l per cent, of the total
munber of seals (70,42.'i). This figure cannot be far from the truth. But the fact that,
in 1890, in spite of some shrinkage, Kitovi shows (5,049 pups, demonstrates tiiat the
figures based on counts made at the height of the season are far from complete: (),049 is
;i:' per cent, of 101,000."
Now, passing over the apparent fact th;;t the phrase "in spite of some shrinkage"
savours of a begging of the ([uestion, the one thing that this paragra})h appears to me to
|)rove is the sur|)rising accuracy of Messrs. True and Townsend's estimate of :V| per cent.
as the propoi'tion.ite value of Kctavie to the toial seal [)opulation of the islands. For if
we take om- own count for 189() of o,ir/J cows visible on Kctavie at the heigiit of the
season and nudtiply it first in the proportion of .'i'l' per cent., as Messrs. True and
Townsend did, to find the total seal population of the islands, and then add 7 ') per cent, to
the icsult, as Dr. Jordan has shown it is neei'ssary to do, we get the result of 147,01)0 for
the breeding cows in tb(; rookeries for 1890, a surprisii\gly close approximate to the
] t:'>,071 that we actually found. In short, so far as it goes, the wliole count is
decidedly opposed to any signs of either local or general decrease, and would strongly
t(Mnpt ns to accept Messrs. Ti'ue and 'i'ownsend's estimate (as corrected by Dr. .lordan)
ol 123,240 breeding-cows for the two islands in 189.') aj not far from correct.
Eiirlirr Xinnrricdl li.stimftlrs.
When it is so manifestly imjiossihle to reconcile the statements made or to realize
the conditions that obtained so lately as 1^95, it is natural that earlier statements should
lead us into still greater uncertaintiis and dithcultics. Hy far the most important of such
early estimates is that of Mr. II. \V. Klliutt in 1872-74, an estimate rejjeatcd by him in
1890. (Cf. Rejiort on the Pribyloff Islands by 11. W. Elliott, Paris edition, !89", p. 9,
el scq., and " Monograph of tlie Seal Islands," Census I'dition, !I881, }). IS, ct sp(j.) The
essence of Mr. Elliott's computation lies in his belief that the numlier of seals is in direct
ratio to the sujierficial extent of the rookery. His statement is exceedingly precise, and
may be here quoted (Report, pp. 1.') and 10) : —
"At the close of my investigation, during the first season of my labour on the
grounds in 187!^, the fact became evident that the hrecilinic seals obeyed implioiily an
iaiperalive and instinctive riatural law of distribution, a law leeoguized by each and every
seal upon the rookeries, prompted hy a line consciousnos of necessity to its own well-
Ij'jing. The breediiig-grounds oeeupinl by them were, tlierefore, invariabi\ covered hy
the seals in exact ratio, greater or less as the area upon which they rested was laiger av
suialler. They always covered tiie ground eveidy, never crowding in at one ])lace here to
scatter out there, 'fhe seals lie just as thickly together where the rookery is boundless
in its eligible area to their rear and unoceu|iied liy them as they do in the little strips
uliicli are abruptly cut off and narrowed by rocky walls behind. Tor instance, on a rod
i
m
•rs'.
f> '.'
#1
■ < ■ ; ■• ' \, - .1'
*■, , — I ■ ■ h
I -■' ■ - 1 si
Ifi
of u'roiuid, iiiult'r tlii; face ol' bluft's wliicli licmini'il it in lo tlic hiiul trom tin; sea, there arc
just ;\s mnny sc ils, no more aiul no lei's, as will be (nnnd on any other rod of Moivery-srouiul
tliroiiirhout the whole li^t, prent and small, always exaetly so many seals, nnder any aiui
all circumstances, to a <^\\i:n area of hreedin^-irrnnnd. There are just as many con>,
bulls, and pups on a square rod at Nali S|,eel, near the village, where in 187^, all told,
there were oiiiv 7,000 or 8,000, as tiiere are on anv square rod at North-east Point, wIrmv
1,000,000 of them con.^reiiate."
"This tact being determined, it is evident that, just in proi)ortion as tho hreeduii;-
grounds of the fur-seal on these islands expand or contract in area i'rom their |)rescnt
dimensions, the seal will increase or diminish ii numinr.
" The discovery, at the close of the season l.'^7"J, ol' this law of (!istri!)ution, tjave lue
at once the clue I was searching' lor in order to take steps by which I could arrive at a
sound conclusion as to the entire nuudier of seal herding on the island."
Atter further discussing the case he says (on p. 18), "Taking all tliese points into
consideration, as rliey aic features of fact, I quite safely calculate upon an average m'
2 S(juaro feet to every animal, big or little, on the l)recdinu;-grounds, as the initial point
upon which to base and intelligent computation of the entire number of seals before us,'
It is on this estimate that Mr. Klliott bases bis conqiutation of .3,030,000 seals of all age»
on the breeding-grounds for the Island of St. Paul in 1872-74, and 10O,G7O for that ot
St. George.
I believe, after careful perusal of !Mr. Elliott's woik, that he maintains i)recisely the
same position as to tlie number of seals on the ground in 1800. He states indeed that tiio
bulls were fewer and wider apart, but also that tiio harems were immensely larger ; and
tliough I do not quite understand the process of survey by which in the latter year lie
arrived at an estimate oftl'o" average depth" of the rookery, yet, having done so, he certainly
calculates its population a', the same ratio of one seal to 2 square feet.
Now it is perfectly certain that no rookery last year, nor in the preceding year,
])resented to any observer so great a density. Where the dead bodies were lying almost as
close as they could lie on the killing-ground at Polavina, they occupied an average space of
1-?A sijuare feet to each body [rf. Jordan, Preliminary Report, p. 20), and on Ardiguen
Dr. .lordan measured the space occupied by a single harem of tbirty-tliree cows, and found,
within the limits of a single harem, u space of S square feet for each seal {Inc. rif.) Not our
of our observations and not one of our photographs shows on the more rocky rookeries a
density (taking the harems collectively) near so great as this. The conformation of the
ground and the interspersal of the boulders must at all times, as it does now, have
prevented anything approaching to so uniformily compact a distribution of tiie seals, hut
it is not necessary to do more »han cite tiie opinion of the American Commission of 189(i
as expressed by Dr. .Jordan, who in arguing concerning Messrs. True and Townsend's
estimate of il'S square feet to each seal on the most crowded rookeries (Report 1805), anl
considering it e.vccssive, says (p. 20), " Where seals are massed on rookeries, the space
occupied by each seal is more nearlv j'2 than "Jl'i sijuare I'eet," and further that tii,'
4G scjuare feet which Messrs. True and Townsend's estimate for the more rocky and les>
densely populated localities is, is a matter of fact, doui)tless too low. "We cannot believe,''
Dr. Jordan also says (p. 19), "that even in the most favourable tiuujs the fur-seals wert'
evenly crowded over the rookeries, and it is evident that as they grow fewer this
.irrangenient tends t;) become more sparse, especially on rocky slopes and boulder-strewn
beaches.''
I need not follow out in detail the deduction (hat such newer estimates involve in the
numbers jiut forward by Mr. Elliott, but I may say that, taking Mr. Elliott's calculation
of .".,l'.)ii.(!0() breeding seals on the lookeries of both islands in 187---7i, deducting from
that numlier the 00,(M)(» hulls (Report, p. 00), and dividing the b; lance by (i (to give
insli'ad m 2 feet for a seal the I'J feet that Dr. .lordan admits for each cow on the mosi
crowded portion of Tolstoi, Preliminary Report, p. 18), we get the reduced nmnher of
r)U),O0(), which is only about three and a half times as great as that which we know to exist
now.
The calculation is of no great importance, and in making it we admit far too much, iu
particular that every part of every rookery was tiien as densely tilled as is the most crowded
spot to-day. But however much these figures may be twisted and the case reargued, it
is perfectly clear that Mr. Elliott's gigantic computation can never again be upheld as a
reasonable statement of the numbers that once existed on the islands, or with which the
present numbers ought to be compared.
But if we refuse to admit Mr. Elliott's estimate of the seals, let us try to accept his
ineasuremeut of areas. His surveys, he tells us (Report on the Pribyloft' Islands in 1800,
Paris edition, 1893, p. 19), were made with all scientific precautions in 1872-74 by measured
17
hascline and azimuth compass, in 1S90 with a tine prismatic compass, and in 1H74 with the
help of a trained topographer, Lieutenant Maynard. "There is no more ditficulty," lie
says (p. 17), " in surveying these seal margins during this week or ten days (10-20) in July
than there is in drawing sights along and around the curbs of a stone fence surrounding a
field." He tells us that in 1890 there were 9,000, and in 1872 37,000 seals on Lagoon
Rookery ; and as he estimates this number on his usual computation of 2 square feet for
each, it follows that he is ascribing to that rooi<ery an area of 18,000 and 74,000 square
feet respectively in the said years. Yet Messrs. True and Townsend give the occupied
area on Lagoon Rookery in ISOo as 82,211 square feet, tj times what Mr. Elliott asserted
five years before.
For Lukannon and Ketavie he gives the measurement in 1890 as li.5,0.')0and .'56,000
respectively, a total of 201,0.50; it was 22(v'?03 square t'eet by Messrs. True and
Townsend's measurements five years later.
For Tolstoi he gives 12l',800 square feet in 1890; Messrs. True and I'ownsend give
240,800 in 189'). For the entire island of St. Paul he gives 1 ,757,164 square feet in 1890;
Messrs. True and Townsend give 2,202.557 in 189").
The discrepancies on St. George are equally surprising. Wo may e.xpress them best
in a tabular form :—
Arcn in fc'quBre Feot.
Rookery.
Klliott, 1872-74.
Elliott, 1890.
Messrs. True
and
Townsend, 1895.
Zap.idnie
Stnvaya Atil ,
North
Little E.ist ,
Musi
TotnN
36,000
00,840
152,500
25,500
.•)0,500
;!25,340
24,000
32,000
77,010
y.600
18,200
160,840
128,171
01,329
128,808
24,251
07,H84
4i;!..)0()
*»■■
Leaving aside for the moment the statements whose e.vtravagance, I believe, we have
adequately demonstrated, we may fall back on the plain and simple way of estimating the
actual yield of the rookeries and the decrease of their productiveness ; that is to say, we
may set the ■{0,000 skins taken this year against the 100,000 tliat were got with neither
less" nor more difficulty (C'f., Jordan, Preliminary Report, p. 22) in the plenitude of tlie
supply. We should then have to admit that the herd was now something less than
one-third of what it was twenty years ago. Even in tiiis admission we admit too much,
for, apart from other corrections that might Ii; suggested, we should surely add for the
purpose of such a comparison to the 30,000 taken on llie islands the number of males
taken in the sea, but this, for lack of better knowledge of the proportion of each sex and
age in the pelagic catch, we cannot do. But if we fall bark on Dr. Jordan, we find hii-
placing {loc. cit.) the number of breeding females in ISSOat, "'at least," tour times as
many as in 1893. It is not worth arguing whether we should say three limes rather tiian
four, for either number is vastly difterent from those which we have been of late
accustomed to hear maintained and reiterated.
In the preceding account I have not attempted to prove that there has been nn
decrease, general or local, in recent years, but I have souglit to show how inadequate and
conflicting is Uie evidence at hand to prove such a decrease. The matter with which we
are immediately concerned, and as to which we have most evidence at hand, is the
relative state of the rookcies in 1895 and 1896. Had the decrease in the rookeries been
as great and evident as it was reported to be up to 1895, the next tweive months should
surely have shown signs still more unequivocal of continued impoverishment of the
impoverished stock. The photographs show us time after time, with very few exceptions,
an identical record. The harems on St. George were counted in both years by the same
gentlemen, and all the rookeries but one show a large increase in the latter year. In the
only instance on St. Paul Island where the cows were actually counted in both years,
viz., ou| the Lagoon, they were one-sixth more numerous when counted in 1896 ; and
[467] E
m
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when the pups were counted on ihe snnie place tliiy weie twice as numerous as the cows
weie supposed to be in 18115. Though Colonel Murray's count of harems for St. Paul in
189.^ was approximate only, and e\j)refsed in round numbers of hundreds and fifties, it
only exceeded by i^,ith (46'25 to 4348) that of Dr. Jordan in 1896; in three instances,
Lagoon, 'I'oistoi, and Zapadnie, it fell far below it.
I do not analyse these statistics further; they furnish clear and instructive lessons tu
those whose business it may hereafter be to unravel them further.
The following is a tabular recapitulation of the figures quoted in the preceding
pages ;
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Ijistiv, let me take Mr. Klliot's ciiU-goricul stutoimMils it'ttBrdiiii; tin- cniulitiDii ot' ilu
rcM.keries in 1890 {Cf. cit., p. 91).
1. There is but one bri-edin;; bull now upon the rookery -ground where tiicrc \\v\x
fifteen in 1872; and the bulls of to-diiy arc nearly all old, and many positively impotent.
2. This decrease of virile male life on the breedini;-s;roimds onuses the normal ratio n\'
Jirteen or twenty female to a niide, as in 1872-74, to reach the unnatural ratio ot tifty to
even 100 females to an old and enfeebled male.
3. There is no appreciable number of young males left alive to-day on these
'• haulin<; " or non-breeding grounds to take their place on the breeding-grounds, whioli
are old enough for that purpose, or will be old enough, if not disturbed by man, even it
left alone for the next five years.
Not one of these statements (I atn not discussing the first clause) is true to-day.
The bulls show no signs of senility or impotence ; they are not " inert and somnolent," as
^Ir. Klliot said two pages before. Mut they are in the highest degree active, vigorous, and
iRllicose. Kvery rookery is surrounded by " idle " bulls, most of them to all oppearancc
as robust and virile and lull-grown as their more fortunate brethren ; tnd from every drive
are turned away a large proportion of younger ones to take their places in time.
There is no "unnatural ratio" of fifty to 100 females to "an old and enfeebled male."
The harems show an average of about seventeen females to u male, and though wc may
bi'.vc to add to these some 75 per cent, more la circumstance of which Elliot kne\\
nothing) to allow for the greater number appertaining to the rookery than are ever visibl.
at once, yet, if we add at the same time the number of bulls at first idle on the rookery,
we shall get a ratio between cows and bulls that compares favourably 'vith Mr. I'.lliol'>
description of the most prosperous period in the history of the herd.
Mortal ill/ of Pups.
In this important matter the labours of the past season have added very materially to
our knowledge.
On the 1st August, the date of the opening of IJehring S.;a to pelagic sealing, >i
plump healthy pup was captured and placed in a box in tin; open air, in order to ascertain
the period of death by starvation. The experiment was a necessarily cruel one, and was
performed with great reluctance, but the importance of the in(]uiry was held to justify it.
When captured, the pup weighed 12 lb; it died on the 15th August, its weight being then
reduced to 9 lb.
From the very beginning of our inspection we saw daily, as we watched fn)ni tlie
verge of the rookeries, a dead pup here and there, and now and then one was drawn out
by the aid of a long pole and submitted to dissection. By the 1st August, dead pups were
conspicuous w herever we went.
l.ntil near the end of the first week in August it was impossible to enter the rookeries,
iind no more systematic investigation could be made. On the 5th August a regular pro-
gress was made through the rookeries, and the dead pups were systematically counted
under Dr. Jordan's lcade>ship. The count was completed for St. Paul Island on the
12th August, and un the Ifith and 17th August, a similar count was made on the Island
of St. George by Mr. Lucas, Mr. Macoun, and Colonel Murray. The following are the
resulting numbei-s of dead pups for each rookery on the two islands : —
*#
i
St. Puul—
Ki'tJivic, . . . . ,
Latioun . .
[.iikaiinoii
I'ol.^toi . . . . . .
/.ipadiiic , .
Little Z»])iidnit.' . .
/apadnic reef , . , .
Gorbatcli
Ardiguen . .
Reef ..
Sen-Lion Rock , ,
Polarina , .
Little Polavina . . . ,
Vostochni (Xorth-east Point, west)
.Morjovi (North-east Point, east)
Total , .
10(1
7X
20.")
1,895
:;,()0j
134
712
712
2
950
50
(535
47
1,808
48.5
10,u(llt
■21
ulitioii III' tlic
St. neorgr —
Nortli . .
I.ittlr Kii-t
Kil"! ..
/apndtiii'
Slariivn Ali
250
31
11 -J.
Uni
1.3j
Onml total
U.iM".
This very large airtfrei;atf is aclniittcl to consist fiitirelv of jjups for wliosf <lc;itli
pelagic sealing,' is not to blame. On St. i^iul tliey wen; all counted before, uiid on
St. George within two days of the death of the inip afluded to, whose enforced jicrin I of
starvation commenced with the openini,' of the polasic tisiierv.
The existence of a large iiiortahty of pups from natural causes has hern the sMbjeci
of much eonrtict of opinion. Klliot {Op. C/7., )). (isi i-timatcs the luortalitv in i'lf.mev,
or up to the age of five or six months, as triflinj-'. "miv 1 per cent., while on and about tl'r
islands of their birth, surrounding which, and upon which they have no enemie;. whatever
to speak of."'
Mr.^ Townsend, in 1H95 (Op. Cli., p. ;}7), could tind no dead pups tnitil after
tlie 1st September ; from that time on, the death of the younu' was continuous, imd for
1894 {Op. Cit., \K 15) -Mr. Townsend !!iake> the same' statement in almost identical
"oras
Mr. True, in 1895 tiliid., op. 99, 100), saw a numl)er of dead pnpsdurinu iiis sojourn,
but (lid not think that the total would exceed l.')0 tor all the St. Paul rookeries. He
counted twenty-three dead pups on the 2nd .August on Ketavie, and at the north end of
Tolstoi ho observed, on the 15th August, seventy in one small area, and about twenty-five
more a little further .south. "The area referred to" [in the neighbourhood of w-hieh,
about the same day of the month, we found 1,895] -'was occupied earlier in the season by
a great mass of seals, and I regard the number of dead pups found here as representing
the ordinary mortality of the young."
Judge Crowley (Sen. Doe. 157, Part I, p. Hi) speaks of the tirst dead pup of the
season appearing on the rookery breeding-grounds " in the latter part of August 1894."
Colonel Murray, in his Report for 1894 as Special Agent of the United States' Treasury,
says {ibid., p. 55) as follows : —
" Another very important feature observed in our inspection of the rookeries in 189-1
was the absence of dead pups in the early part of August, for up to our leaving on the 8lh
I had not seen a dead pup on the island, and the agent in charge, who was on St. Paul
Island from June to the latter part of August, and who ke|)t a close watch for dead pups,
tells me now that it was not till about the 20th August there was a dead pup to be seen,
hut from that date to the close of the season, according to official communications received
from the islands, the carcasses of dead pups, starved and emaciated, increased with appalling
rapidity until 12,000 were encountered by the assistant agents."
But it is not necessary to multiply such instances or quotations. It is plain that
recent American observers have almost wholly overlooked the early mortality of pups from
natural causes, and have attributed the whole mortality of the season to pelagic sealing.
On the other hand, precisely the same phenomen that we witnessed was described in
detail by the British Commissioners (Report, p. HI) from their observations in 1891, and
again with still greater precision by Mr. .Macoun (Supplementary Report, p. 195) from his
observations in 1 892.
The Commissioners, " when visiting Tolstoi Rookery on the 29th .Tuly, observed, and
called attention to several hundred dead pups, which lay scattered about in a limited area,
on a smooth slope near the northern or inland end of the rookery-ground, and at some
little distance from the shore." No dead pups caught their eye on St. George Island, and
comparatively few on North-east Point, but at Polavina they found several hundred on the
Ith August, and on the I9th August at Tolstoi, many more than had been there before.
In short, broadly speaking, they saw what we have seen ; they found the mortality slight
where we found it slight, and great where we found it great.
Mr. Macoun, in 1892, investigated the matter with great care. On the 22nd July
he counted, close around his camera at Polavina, 143 dead pups. On the 1 4th August he
found about 4,000 at Tolstoi " on the same ground on which those seen last year (1891)
were lying, but scattered over a larger area, and in much greater numbers." On North-east
Point, on the 20th August, he saw, with a glass, at least 500 in the view from Hutchinson's
Hill. All this took place in a year when no pelap;ic sealing was permitted in Behring
Sea.
ii'''-.*
in
=1
r - ■■■' i> ' ^
It is clear tlmt by our work ol lust Miinmoi llii'statomeiitsol' the UritiHli Commissioiieio,
iind of Mr. Macoiin, arc amply corrohoratt'd.
(■niise.s of Diiitii.
Wliilr tliis first cDiiiit on St. Paul Islmid procTodi'd, about I 'iO bodios of pups wcic
di>srct('d. Thr dissrcliou was in the ijn'ator lumduT of casis pi'rforuicd conjointly liy
Mr. Lucas luiil myself. Tlio examination was a somewhat cursory one ; the bodies wcir
rapidly opened on sohic convenient Htoni- on the rookery a:rouud, and the appearances
noted <iii liie spot. Ni'itlic r Mr. liiicas nor 1 are patholouisti;, and the symptoms milcd
are si;r|i|\ thiisc that would pri sent lliemsclves at once to .my anatomist's eye. So (nr a*
they un, Imwevcr, they arc not withoat interest.
In till' first place a very considerabli- nundier of pups died durinu; this early pciioii ot
starvatM) I. I»r. .lordan (I'rcliininary Report, p. 17) attributes to this cause the death ot
oidv ••peiha|)s of 20(1 in all,'" or less than '2 per cent, of the whole. This is, I thiidi, the
enly pnii,; olanyconseipience where I find myself at variance w itii l)r. Jordan on a nialtti
ol iii'tiial l;ut ai\(i observation.
I take the t()llowinn tive consecutive eases Ironi my notes of dissections miule al
North-east I'oint on the lOtii Anijust. The pnps were not selected by me. but such as
seemed iVesli enough for dissection weri' laid aside by Dr. Jordan and Mr. Clark as they
passeil over the rookoy making their count, and I disstxted lIk m there and then : —
-IO. Female pup, thin, lo subcutaneous fat. Stomncli empty; rectum lull of very
black sticky matter ; lun'i;s and viseer.i appan ntly iiornud.
41. Male puj), large, very thin. .Muscles pale in colour; Iuurs deeply congested;
stomach and small intestines empty, the latter stained with much bile; rectum contained
black slimy matter.
i'2. Male pup. thin ; stomach empty ; lungs normal ; rectum contains small quantity
of black slimy matter.
43, Female pup, very tliin ; lungs dee|>ly congested; stomach empty.
14. Male \)U\), very thin; lungs deeply congested; stoniacli and rectum empty;
intestines suffused with bile.
In every one of these cases il seems to me safe to say that the pup was starved, [n
the case of the pup starved for experiment, and dissected by Dr. Voss on the l.'ith August,
the record of autopsy was as follows :—
" Lungs small, ilaccid, deeply congested ; comparatively little blood in heart, and no
clot; liver small, thin, and very dark; gall bladder full; much dark bile secretion in
intestines ; kidneys small and dark ; both branches of uterus congested."
The accumulation of tairy matter in the intestines, black with bile products, or
perhaps with the pigments of oxtravasated blood, was found by us lo be a constant accom-
paniment of starvation, and though our general knowledge of tlie symptoms of death by
actual starvation is scanty, yet we are not without evidence of .i similar ))licnomenon in the
human subject {cf.. Taylor's "Medical Jurisprudence,' edition ."?, vol. ii, p. 138).
Suffusions of bile and a distended gall-bladder are still more familiar concomitants of
death by starvation. I have preserved notes of eighty-one autopsies of pups, made mostly
by Mr. Lucas i nd myself, son)e by myself alone, others by Ur. Jordan and Dr. Voss ; and
of these eighty-one, nineteen are described as " emaciated and very thin," and six more
as "thin." Nine showed the slimy or tarry black or greenish matter in the rectum,
besides others w hich showed more or less conspicuous suffusions of bile.
In some of these cases injuries had been received from the inmiediate effects of which
tlie |)up died ; but in all, if starvation did not actually take place, it had at least been
imminent.
In my opinion, difficult as it may be to account for ihe fact, the deaths attributable
\r, starvation, or that occur after a stage of emaciation ■!«'• been reached, are, even in the
early season, before pelagic sealing can have produced its effect, very much nearer to 12 or
20 per cent, than to the 2 per cent, below which Dr. Jordan estimates them.
Whatever may be the proportion of deaths from starvation in this early part of the
.season, the buliv of the pups have undoubtedly met their death by accidental injuries, by
being smothered in the sand, injured by bulls, and sometimes by drowning in the surf.
We could detect no sign whatever of any disease of an epidemic kind.
The following are the percentages of dead pups to the whole number born on the
various rookeries as shown in the August count : —
::iM
^:;i■f^}f^'AM ••-
23
Gonuuissioiii'i),
!8 of pups well'
(1 coiijoiiilly liv
tlic boilifs well'
lie !i|)piiir;m(v>
yiiiptonis iKilcd
t ye. So tiir ii«
; early pcMiml ol
ie tlic (lent 1 1 ol
is, I think, till'
(liiii III) u niiiltii
ictiuiis iiiiulc at
lie, but such us
. Clark as they
\ then :-
iiiii lull of viry
?ply congested ;
ctum contnined
s small quantity
rectum empty;
rns starved. In
lie Ifith August.
n heart, and no
ilu secretion in
products, or
onstant acconi-
onis ot death by
nomenon in the
ii, p. 138).
concomitants ot'
)s, made mostly
Dr. Voss ; ami
," and six moir
in the rectum,
>!
jtfects of whicii
at least been
ths attributable
ire, even in the
nearer to 12 or
irly part of the
tal injuries, by
ng in the surf.
ir born on the
AriliKiicn, . ,,
Kctiivic ..
S( n-I.i^iii UcicL
/iipiiiliiin (ri'cf) . ,
Iill^llOII
/ii|i.iiiiiii' (Little) . .
I'oliiviiiii (Liltli') . .
LukiiiiiiiJii, . ,,
Uftf
Nortli-i'imt I'oiiit (cint)
„ (W('«l)
riorbatch , . . .
Pokvinu , .
Tolntoi . .
/npiidnio , .
I'cr colli.
0';i
(!■;;
0-6
7'7
i)-5
ia-1
Id-!)
The fereut differences here tabulated i;o hand in hand in a way that is clear on the
whole, if riol traceable in every single instunee, with broad ditferences in the natuie of
tiie ground. The rocky rookeries show the least mortality; the stony beaches come next
in order; tlu' larne rookeries of the I'ecfan.l North-east I'oiiit stand midway ; I'olavina,
with its Hat, h vel expanse, stands iiii,'her. ami Tolstoi and Zapadiiie owe their pre-emiiienec
to sandy iiiterspact.s iimoiii; the r(\k.-, so fatal to the pups that we eauu^ to speak of them
as " dealii-traps." The pioiec!. of lumovin;;- these last sources oi danger by filling up llie
sandy hollows with rocks und stones has been put forward by the Ainerieaii ('onimissioners.
The scheme is a big one, and I iin lor myself inelined to think that the labour involved
would bt very great indeed, and beyond the power of the islanders to accomplish.
After the middle of August my journey to the Commander Islands a'ul oiliec
aialters occupied my time, and i made no more autopsies. A. . dingly, 1 euu..ot speak
from personal observation of the cause of death indicated by the '>i ■ ies of the dead pups
later in the season.
The MortaHty subsequent to Augw^' 5.
The second count of the dead pups was postponed until the end of September, in
order that tiic peiagic fishery might produce its full effect. This count was made for
St. Pnnl Island by ^lessrs. Macoun and Clark, with the assistance of Judge Crowley,
Colonel Murray, and Mr. Barrett-Hamilton, between the -8th September and the 1st
October.
The count on St. Ceorge Island was made on the (ith October by Mr. Barrett-
Hamilton and Mr. James Judgi' on East and Little Kast Rookeries, and by Mr. Macoun
and Mr. Clark on Zapadnie, Staraya Atil, and North Rookeries.
The following is the complete result of the October count, the number found in August
being deducted from those foniul in October, to give the number that had died in the
interval, and an addition of '20 per cent, being made in the case of St. Paul Island to fuliy
cover the possible loss by putrefaction and other causes between August and the
1st October : the addition is a liberal one : —
I' t
u
Vv v Si !i( isl ics. — Hinnmmv,
lU)okfr%'.
Totnl Horn.
St. l'*ui, 1hi (Ml.
Kotnvio
L\iknniioii , ,
l.n;;oon ., ,,
'I'lilsioi..
/a|i!i<liiii<
I/itflo Zapnilnii' . , . ,
Ziipnilnio Uci'l' , .
(inilmtrli ,. ..
.Vliliuuon
Kpof ..
Siviitoli Uurk . , ..
Piil:ivn\;\ . . . ,
I,:ltU' I'lilnviiiu . , .,
V.isliii'lini . ,
Moijovi
nXiil ..
Aildilion of 'iO por coiil. for loss
botw con Anmist ami (Ictolior coniiis
iStai'vinjt pups to bo lulilod n» Kinrvotl.!
Aililition fur lioilios takoii for di»-
M'Ction ., „ , ,.
Towl gtarr<<<1
St. Gkorok Tsland.
North . .
St.ir.iVR .\rlil .. .,
/aiMt^nio
East - . . .
I.itilr Knst
'I'ot.ii . .
(traml total for both islands.
Dcnd.
AuKimt.
•■.(I'll)
1,1.10
1011
'Jim
October.
Dinl sinco
.\iiKtitt
("omit.
BOO
A711
I 1.1,071
11.01,'.
51 '."JS
Stnrvin|{.
.-lOO
.■171
'J. 184
78
MKi
238
.-.1
ll.lM'.l
1 .8<1.-.
•J, HO
.'.51
101
17.04N
a.oti.'i
i.;i!t.">
i,:ioo
lot
l.'.'OO
134 '
t;o;i
550
Oi
M.HO'i
101
;i'27
•i'j:l
IS
!»,N2
71'^
1..S7H
1.1 fill
12(1
(i.VJ
.1
78
70
s
IflA'^B
'.l.'iO
•J,7.'<(!
1 .HJtO
300
, I.!t07
M)
281
•j;h
31
n.()7;i
tsar.
I.,'..-..-.
O'iO
55
1.3«11
■17 1
110
T2
22
a7,M8
1,808
;i.3i3 ,
1,525
320
7.773
18.0
050
•115
100
la.'t.oiM
10.:100
'.'o.;i:)i
10,022
1,627
• •
2,001
• •
• •
••
1,527
• •
1
1
150
..
13,700
••
r.,800
250
115
7
2,269
135
104
3
5,509
109
527
1
i.086
112
16
1
1,330
;!1 Ki
1
20,O2.'t
730 807
..
10
I, .•.40
fi '
in --IF'
It will be observed that the losiilt for St. Georj^e Island is unsatisfactory, inasiniicli
as on three of its rookeries fir less dead pups wore found on the second occasion than tlu'
first. The blue foxes ap])ear to have devoured the carcasses wholesale, and only two
untonehed bodies were found on tlie island. This destruction was most complete no
Kast and Little Kast Rookeries, and just there I had noticed in the end of .luly tlir
(special puuibcr ot foxes, some of whicli had their earths almost within the bounds of tin-
rookery, St. (tcorsje may. therefore, be left otit of the calculation, unless we choose
simply to ascribe to it an cslimatcd mortality in proportion to tiiat of St. Paul.
The net result of the count for St. Paul is that, even were we prepared to admit tliol
no other causes save pelagic sealing were at work after the ISlli August to lead to t lie
death of pups, and even if we reckon all the "starving" pups as starved, and add beside^
the estimate of 'JD per cent, for loss or defects of ob.scrvation, we then should liave u lota!
n.ortality to eharoe against the pelagic scaler a little more than ctjual to that which lias
already taken place in the early part of the season from causes acknowledged to hv
natural and apart from his asiency. We may wonder that this mortality is not more,
considering that nearly 30,t)0l) seals (of all ages and both se.xes) were taken during the
summer in Behring Sea ; but it is clear we cannot prove more nor any longer allege more
And such mortality is a very different matter from what has of late years been asserted to
take place.
Dr. Jordan appears to charge in his preliminary Report the whole of this autumnal
mortality, the whole loss of pups after the August count, to starvation, resulting from the
operations of the pelagic sealers. I have no wish to dispute, nor have I any inclination tu
"'■'"'^"^■"•"■"■ianiPiiiililli
mm
ice
t
Stni'vinif.
■1'.'
H
.-.1
■1
l!ll
l.-il
:!
\H
n
IM
M
n
,'100
4
;ll
',5
a
'i'i
r,
3'i!l
lost
2
1,027
1
7
• •
• •
• •
7
a
4
4
I
1
m
i.:)4(i
clory, inasmii('!i
tension tliaii tlu-
L', and only two
)st cotnplete on
iMul of .July till'
ic bounds ol' the
nlcss wi' choose
f>aui.
I'd to adiiiit thill
t to lead to tlic
and add l)i'si(h"^
[)ul(l have a totnl
) that which has
lovvledged to be
lity is not move,
aken during the
iger allege moii'.
been asserted to
of this autumn!)!
[•suiting from the
mv inclination tu
r !k,
I
■i.
I if
i 'i
: t
' %
r^^
i
-*'
mi
■■ :M
Bit > , -
Jhjarejimn
PERCENTAGE OF DEAD PUPS, AUGUST TO OCTOBER
ON THE SEVERAL ROOKERIES OF ST PAUL ISLAND.
m
16
10
§
^ §
^ ^
H N
A
•^
^
'. ^s
I
^
W
^
4.
-4
I
IH
Aj
10
REFERENCES
Tlir rrohrrif.i U) Xvr-lfi mul West nrr- ippi'r-iente.fi by Blur dot,s.
II 1.' II fif'uf/t fin/t' F.a.st n n i> tiff irk ilvt^.
The red Jvlft f/idiMile thr r^u^irr mortriUty erufinn witJi (/ir lirfyituiififf vf Atufii-iil
hsio .-^ifT msjj Fo.ie?
IldiTiscn : Sous IJ'li o, llnHiiR Lhv(»*','C.
w
Per cent.
3
8
5
;)
5
(i
7
s
2
10
•;>
u
12
12
;;
12
7
12
K
doubt, tiiat to the death of the mother ;it sou a large part of tliis mortality is due, but
that this is the entire aud sole cause is surely impossible to uiaintaiii after our expericiici'
of the earlier mortality, which showed no signs of having ceased at the time we
estimated it.
Let us make, for comparison with the similar table previously given (p. 23), a
table of the later mortality on the various rookeries expressed in percentage proportion of
the dead pups to the whole number born,
Tkrcentage J'roportion oi" Pups found Dead in tho September-October Count (after
deduction ol: the whole number already counted in August) to the wbolo number
born on the several llookcrics.
Tolstoi ..
Little Polttvina
North-cast Point (west)
/npadniu Reef ....
North-east Point (east)
Zapadnie . . . . , ,
Ketavie . .
Lukannon
Ardigucn..
Iteef
Sea-Lion lloek
Gorbatch ., ., ,. ,. ,,
Lagoon . .
Little Zapadnic . . . . . . . . . , . . . . i ;) • ;•,
Polavinn .. .. .. .. .. .. .. .. l;!-s
The contrast or comparison of these two tables is exceedingly interesting to me.
We still have a wide discrepancy between the percentages on the ditterent rookeries wliere
we should certainly be inclined to look for much closer agreement were a general and
distant cause (such as the catch at sea) the only factor in operation. But the order of
percentage is totally different from the preceding one. Differences in the nature of tlie
i^round have now little effect or none ar all. Zapadnie and Zapadnie Reef come near
together, as do Ketavie and Lukannon ; Ardiguen, Reef, Sea-Lion Rock, and Gorbatch
are nearly identical one with another; Tolstoi, which stood all but at the bead, now
stands at the bottom. It is curious to note that, will; the exception of Little Poiviiui,
all the jookeries at the bottom of the list are on the north and west of the island, anti,
with the exception of Little Zapadnie, all those at the top of the list arr rookeries on tiie
south and east.
I do not propose to explain all the points that an examination of the statistics
suggests. But while I believe that there are sufficient discrepancies to indicate the
presence of other factors in the case, yet it would, in my opinion, be useless to deny that
the figures tend to corroborate the presumption that pela^'ic sealing is responsible for a
large part of this autumnal mortality.
The general result of our investigation accordingly is that pelagic sealing, instead of
being the one and only cause of the whole mortality of pups upon the islands, is in fact
responsible for an unknown but considerable fraction oi a fraction which is somewhat over
one-half of the whole.
If, moreover, we require further warning not to ascribe too large a coefficient to
tlic influence of pelagic scaling on the aggregate mortality, we may tind it in a com-
parison of the statistics for 18'.)5 and Isl)6. We have every reason to believe tiiat
the count was made, for the Island of St. Paul at least, as conscientiously in the one
year as in the other; the numbers are congruent for the rookeries severally as well as
collectively. Yet we have evidence of only some i,()00 more dead pups in the former
tlian in the latter vear, against a |)eia!:ic catcli in Bebring Sea greater (cf., United Stales'
Treasury Doc, Xo. 1!).32, p. .37, 1897^ bv nearly 15,000.
In 1895 the count of dead pups on the islands was made, once for all, in the days
iannediately preceding the lOtb OctobL'r. The enumeration on St. Paul Island was
evidently systematic and careful, and its results tally very closely with those of 1896.
On'St. (ieorge Island the count is said to have been made by Mr. Ziebach, the agent
in charge. Mr. Ziebach reports the finding of (i,()12 dead pups (where, in 1890, only 897
were obtained), a figure that would indicate a mortality of about one-third of all the pups
born on the island. I can offer no explanation of this stupendous discrepancy.
The following Table sums up the total mortalilv of pups reported from the two islands
for 1895 and 1890.
::'ti
!• i
si
ill
[467J
V
20
Comparative Statement of the Total Mortality ol" Pups in 1895 and 1890.
Total
St. Paul Island.
Kookcry.
1 1895.
1896.
llemarks.
Kctiivie
857
(109
The tiijures for 1 895 are from
l.tikaimoii . .
1.347
579
Sen. Doe. 137, Part II,
Laj,;o()u
300
316
l)p. 30 and 37, 54th C.'oni^.,
I'olavina . .
1,970
1,074
1st Sess.
(iorbatcli . .
1.514
1,950
/apadnic . .
5.231
5,415
Little Znpadiiit
381
, ,
Tolstoi
2,5(s2
2,449
Keel'
3,376
2,786
Sea-Lion Hock
361
284
Moi'th-east I'oiiit
4,017
4,2fi3
21,930
20,331
St. George Island.
Rookery.
1895.
1896. j Remarks.
Zapadnie , ,
North
Staraya Ati!
East
Little Kast
2,083
1,559
1,131
986
253
527 \
145 '
194 1
15 1
10
Total
6,012
897
II
■ l!^
f-2
21 1«— ^ T — X ^ X o ^ .•: M c
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North
Little
East
Zapad
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£ £ &•
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o **
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arem,
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ij
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ay's
sed c
nth
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possi
actu
«r.
— ^ a -
HI
i"si
•2 "2
1?
a.
Ii11
ms here
. Fo
0W9, wh
of pups
^•zS'^
count of hare
»rded on p.
estimate of c
total number
The
is re<
The
The
tedii
The
The
rin e
• j-t-**!"*"'
1
" Wt''
[4«7]
F2
. 1
i'j
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M
i '*
(111 «:
A. J.
2S
Thr Ihin-s.
{>ii llio luoniing of tlu- IStli July, in coinpaiiy witli Dr. .Ionian, Judge (Jrowliy,
C'aptiiiii MosiM- imd Lieutcimiit (lariftt of tlio " Allmtross," Dr. .Stcjnegcr, Mr. Lucas, and
Mr. Clnrk, I wilncssal tlic (iitirr touduct of a drive IVoni Htel' UooI<ery. This drive i^
miuiitely ai\(l aeeurately deserihed 1)\ Dr. Jordan iii his preliminary Report (pp. .'58-10).
Tiie points which 1 especially noted at tlie time, and which may he hert! reca|)it»latcd in
hriel", were the silence, orderliness, and ai)senee ol haste with which the whole |)rocce(lin'js
were conducted ; the care taken in sorting; out, as the drive progressed, the Iari;cst, of the
liidf-hnlls included in il ; the nuieh i>rcalci' ease with which I lie younger .seals travelled omi
t'.ie{;ronnd tlian Iheir older and iieavier iirclhren ; and, lastly, tlieease witii whicij the herd
travelled over the harder and rou-iher jjortions of tin- urouiid, compared with the lahonr
involved in crossing a short stretch of sand al /oltoi. IWfure fraversinj; the latter,
arduous, though apparently unimportant, part of the journey, the herd was allowed id
rest and cool t()r 10 minutes. '!'he diU'ercnce was cpiite cnoni^n to show that tlistance ni
itself is (within reasonahle limits) an unim|tortant cause of i'alif>ue and hardship compared
with the ciiaracter of the ground traversed, and, Inithermore, that the ground windi
seemed to the novice the most arduous was tar from lieing so, lor the seals cland)ered
actively and with ease over great houlders and high angular masses of hrokeii rock, while
they panted with fatigue over a level stretch of sanil.
I could see ahsolutely nothing to find fault with in the drive. The route is tin
most liitigning now made use of on the islands, but I lould discover no great hardsinp,
and certainly no cruelty, involved. 'The scids certaiidy putled and blew, and sweated and
steamed; they stopped every now and then to rest, and panted, a.s Dr. .Jordan says, "like
dogs," hut a mon\enl after thoy went on again briskly. The signs of distress were less
painful than [ have otteu witnessed in u tlock of slieup on a hot and dusty road, and
I have seen drovers show less legard for the condoit of flieir sheep. No seal died or wa-.
injured by the wav ; they came to the end of their journey all in good condition, and
when the killing was over, those that were permitted to escape betook themselves
straight and (juiekly to the sea.
Wo left the vilhme at li
A.M
and the ihive conmieiieed innnedii.tcly thereafter at
Zolloi .Sands. Tlie seals drivtn fiom there and from ti'.e bay o|)positc were guided by three
meri straight to tiu' village kiihngground, where they waited till the drive was over, al.'out
T) o'clock. It was .'? o'clock when ue reaciied the end of the reef, and the seals there
were gathered togetiier and started on their way by lmlf-|)ast. About l,-"iOO seals were
included in the drive and driven in two batches, one o! which reached the killing-ground about
o o'clock, the other about a (piartcr to ti. On reaching the killing-ground they were first
turned into the shallow lake by its siile and afterwards rounded up on the grass ; 1,1)1!)
seals in all were driven u]) to the killing-ground ; of these, 8 1U were killed, and 1,070
rejected, r»'J2 as too small, and ;')4S as too large (according to my figures), besides the
small number of still larger ones that were turned aw;iy in the course of the drive. The
percentage killed on the ground was, tlierefore, only 44'."i of tiiose driven up. The
killing was concludetl by about M) o'clock, an interval for breakfast intervening.
A week hefori', on the !)th July, 1 had attended, not a whole drive, hut the last
l.'ortion of one and the subse(|uent killing, at Zapadnie, St. George, and I append my notes
made on the spot.
Leaving the village at ."> .\..M., in company with .Mr. J. Judge and Colonel .Murray,
wc arrived on the ground shortly hclore 7 .\.M. We found the pack of bachelor seals thai
had been driven on the previous evening from the hauling-grounds gathered together on
rising ground near the watchman's hut. We walked down the hill to another hut, used by
the Company's otHcers, at a distance of about half-a-mile, or rather more, and were there
met by the (.'ompany's a^cnt, Captain Daniel Webster. We had scarcely arrived there
when the seals, driven by a couple ot ooys, arrived too, having covered the distance witii
no sign of e.Ncrtion in less time than ourselves.
The killing-gang consisted of nineteen men and lads, three of whom carried wooden
clubs it feet long. The seals were kept back a couple of hundred yards from the shore,
and allowed to come forwaifl in batches or packs to the killing-ground between the main
batch and the sea. Ca;itain Webster, club in hand, pointed out to the men what seals in
each pack were to be slaughtered.
I counted in each batch the seals killed, and those rejected as too young or too old,
as follows : —
if I
Wf
Itcji (ted H% 1(10
Il.'jcotcil iis
Old.
loo
Killed.
Total.
i
36 i
fl *
-s
53
IH
■1
i!(l
43
13 i
7
•JO
40
30
3
■».)
65
13
14
10
36
31
10
1 7
48
38
I
13
43
7
4
I'J
33
16
A
11
35
16
«
•Jl
43
30 .
1
l;!
44
17 '
20
43
;i;;
••
11
IV
265
64
>'2\
SSO
Pciccntii-'f lulled, \0-'2.
Tlie work of killing was completed at 8'iiO a.m.
The nicii employed were clean, skilful, and vigorous. A single blow, or two at most,
dispatched each seal, and I saw no failure of aim, even in the confused mass of seals
tumbled pell-mell over one anotlier. Though two killings (of 57S and 3.33 respectively)
had already taken place from this rookery this season, I saw no seal bearing marks of
previous injury. They showed no signs of terror; the survivors of each batch made
f|uiekly for the water, and were already swimming homeward as the next hatch were
being slain. Of the nineteen men, two drove down the batches of seals and two did
llie work of killing ; two younger lads went round plunging a knife into the heart of any
seal that still l)rcathed, five (rippers) proceeded to slit the skins down the belly and
around tlie neck and paws, after which the rest flayed the carcases. The work of skinning
nearly kept pace with that of killing.
I could not detect in the whole ])rocess cither intentional or accidental cruelty.
After a short rest, we saw the skins placed in the salt-house, the tally taking place
under the eye of the ('ompany's Agent and the Treasury Agent; 213 skins were tallied,
my former count having been only approximate in the hurry of the killing operations.
Kight skins were produced in addition, ar. those of seals killed in tlie preceding days
iiy the watchmen for food.
\\'lien I watched the killing, after the drive already described from the Reef, it seemed
to me that if there was any difference at all between the operations on the two islands,
the men of St. George were jjcrhaps the more skilful of the two. 1 noted that it seemed
to mc that on St. Paul the animals were hit more on the nose and less on the back of the
head, and that a second or a third blow was more often necessary. But though there
may have been a num here and there less skilful than another, the operation on the whole
was performed with very remarkable good order, dexterity, and speed ; and, both in respect
to the driving and killing on the two islands, 1 at least have no recommendations to
suggest for their improvement. .
1 afterwards attended a killing at Polavina, on the 23rd July. The gang here con-
sisted of twenty-six men (five with clubs to kill) and four boys ; 585 seals were killed,
and 344 released as young, and .313 as old. Two young seals were here accidentally
injured ; of these one was killed a few minutes afterwards, and the other was found dead in
the afternoon. Work was over by 8"45 a.m. The drive here is a rather long one, the
killing-ground being fully a mile Irom the extreme part of the rookery, but the ground is
level and easy ; the drive is lengthened in older to bring the killing-ground near to a small
lake, where the seals are cooled off.
I afterwards witnessed the last killings of the season, save for a small number killed
later for food, on the 25th and 27th .July. The proceedings call for no further remark
or description.
The drive on the 25th July was a large and comprehensive one, seals being brought
Irom Lukannon, Ketavie, Zolt'oi Sands, and the Reef; on ;'ne 27th July the chief drive
was from Tolstoi and Middle Hill, afterwards from Lukannon. Although Lukannon had
been driven so recently, there wcie said to be a remarkable number of good first-class
skins ill this final drive from that rookery.
This drive completed the season's caleh of 2o,S"12 for St. Paul Island. About sixty
it ■''
.'I
80
killiible Reuis were turned uwuy, itiid a drive Iroiii /apudiiic that it had been intended to
niuke was not ri'(iinre(l. Up to the previous weeU .'i.S.'iS skins had been taken on
8t. (ieori;e isl.uid, when Mr. Crowley arrani;cd that otlier .'K)0 should be taken, thiit
beinj;, in C'a|)tain Webster's opinion, the utmost that eould be (h)nc.
I append a Table showinj,' the proportion ot' seals killed ana released on tin:
rookeries Irom the date of our arrival.
various
I'lMicrNTAGK of Seals Killed and Released at the sovemi I)rivo>
w :
I
Zapadiiii'. St. (lc()if,'o IMimil, liily l> (D.W.T.)—
llcjri'li'd us too youii^; . . , ,
Ittifclod lis toil 1)1(1
Killiil
IViTciita^o . . . . . . . .
Heel, .hilv 11 (P.W.T.)—
lti'j('i'ti>(l iiM too yoiiii!; , , . .
IJru'ctt'il lis too olil
KilK-a
l'oii'c-iitiif;i' .. ,. ..
North-i'iisf Point, July l.i, M [Mv. .Vilam)—
Id-iccti'd youiij; only
Killod .. ■ ..
'I'ldsloi, July 1() (Mr. Adaui)—
Iti'jictrd as too young , , . . . ,
Kojftti'd as t(".) old . . . . . ,
KiiK'd
IVrCfiitajii' . . . . . . . ,
Noitli-inst Point, wi'st sido, July 21 (Mr. AdamH-
Hcjci'tril as too yo'.in^; . . .
K( jocti'd as too old , ,
Kilitd
Pciiont.im' . . . , . . . .
I'oluviiia, July 2.; (I'-^V.T.)—
Hi'jooti'd us too youiin . .
Ut'ji'otcd as t'-.o old . . . . .
Kiili'd
Pt'i'i'iuita^i' , . , . . .
l.uknnnou, Ki-lavii-, and Keel', July 2.'i (D.W.T.)—
Ri'ji'Ctfd as too youuj; . .
Ki'ji'ctfd as too old . . . , . ,
Kiilfd
I'l'ii'iMitam" . . . . , . . .
ToKstoi ;;.,d Muldlf Hill, July 27
liojoctoil as t')o yiuini; . , .,
Kcjeoti'd us too old . . , . . .
Killed
IVifoutage . .
Norlli and Staraya Atil, July 13 (Mr. J. Jud>;c)—
Killed
Percoutaui" . . . . . .
Kast, July 21 (Mr. JudH—
Killt'il . . '. . , , ,
Pori'iutniic . . . . . . . .
North and .Sturava Atil, Julv 24 (.Mr. Judge) —
Killed ■ .. ;. ..
!> rc'ont.iw . . . .
2li3
221
<11*8
522
5IH
H4U
44*3
1,1 5!l
2,214
l,o;t8
27<)
l.lliS
.
47-2
8;i7
Sll
S()8
• •
a6'8
.•■44
.JlU
.•)8.i
••
47*1
1,177
1,008
l.t-UU
• •
42'7
137
457
4oO
"
431
48''
• •
46-0
221
••
27-0
308
17'0
Mr. Judge luither su|)])lied me with the following statistics of the percentage killed at
the earlier drives on St. George Island. In these cases the percentage given is not the
ri'sult of a close count, but is merely an approximation.
Date.
Kookery.
Killed.
I'lTceutagr
killed.
June 19 ..
Kast
^ ^
&7t)
32
., 21 ..
Zapaduie . .
• ■
568
76
„ 20 ..
North and Staravii Atil
999
72
„ 29 ..
Kast
, ,
804
62
Julv 2 . .
Znpndnic . . .
, ,
333
08
,. ..
North and l!>turnyu Atil
, ,
700
56
,. < ..
Kast
♦•
614
57
'^fm:
ip
:n
n tin; vaiioiis
'riicKc iij^iirch, tlioufili not iiciirly so coinpkfc a- \vp ini^Iit \vi>li tiiom to be. aro
iav( rtli(le>.s exceedingly instructive, and illustrnte it laiKe mnnber ot' u-eCul tiiitiis.
in llic first place they show tliut a very considerable proportion ot males are rejected
at every drive as too old lor killing, and that to this extent the system is not a ruthless
one, hut leaves a liberal sui)ply for bret ding |)urpose.s. In some cases tiie animal taken
is so little less than its neighbour which is left that the anuiteur can scarcely detect tlie
dirterence, so inconspicuous is the incipient "wig" or growth of coarse hair over the
withers which deterniines the rejection.
In the second place, the falling percentages are a rough measure of the extent to
which the successive drives exhaust, or fall siiort of exhau>fing, the available stock.
In this instance the eonchision is inevitable that the drain upon the Island of
St. (ie(irg(! was this year uuich nmie >ievere than that upon the I>land of St. Paul.
.Vo/f. — It is unfortunate that no more exact statistics are available as to the
proportion of bachelor seals killed to those released. A careful count of the numbers
released was not made until we arrived upon the inlands, and the rough estimates furnisluMl
lis for somi; ol" llu; earlier drives arc useless as a l)asis for calculation.
It is clear that, if we may assunu! that the time intervening; between two successive
drives is sufficient to allow of a thorough redistribution of the bachelor herd, and if the
ease; be not rendered much mor'.' corn|)lex by a great diversity in habits, or in the date of
arrival of the bachelors of difi'ercnt ages, then we ought to possess in the falling percentage
of " killable" bachelors in the successive drives a means of estimating approximately the
total number ot the bachelor herd for each lookcry.
My colleague, Dr. John McCowan, lias furnished me with the following solution of
this problem :—
Let m bo the rntio of killod to spared in tlic joonnd drive, nnd » tho lil<p ratio for
the first.
Ill
lift r l)r till' ricipiocal of 1 — — .
cn is not the
Then the total oiiijinid imniliii- of st'al< = / tinu's tlic imiiibor contninfd in tin-
lir.'it d'ivc.
For ccniiiplc, taking tlic killings IVoni North IJi^oktiy and Staiava Alii on July tj
and 13, us being perhaps the bi"-» (or the least faulty) instance at hand,
we have —
Julv C fi =
l-l
4(°>
••
1 ;! Ill
o4
1
1 1
■Hi
.^■1
253 nh
1
.ifi
1 -
3"H 378
•11
ss (nearly) ;?
Now, on the 6th July were killed 700, being 06 per cent, of the drive.
The drive on the Htli July, therefore, contained l.'i.'iO seals.
The whole herd on the 6th July, therefore, contained 1,2.'50 x 3 = 3,750 seals.
And 3,730 + 999 (killed on 2(ith .lune) ^ 4,750, is thus given us as an approximate
number of bachelors for the hauling-gronnds of tliese two rookeries at the beginning of
Mie season.
Estimating either by the count of cows or by the yield on the killing-grounds, these
two rookeries are equivalent to about one-fifteenth of the two islands ; and we, therefore,
arrive at a total of somewhat over 70,000 as the number of bachelors (of two years old
and upwards) frequenting the islands at the beginning of last season.
The subsequent drive on the 24th July from the same rookeries, at which only
17 per cent, me said to have been killed, i" tinfortunntely not available as a check on Ihf
pi^HBI
\:k-\
I /'
I'Sl
I
1*^
V.
.w '
32
rIhivp ciiliMiliitioii. It was tlio hmt drive of tl\(.< sonsoii, ami www only nuuli* to I'liniisli \\,v
Ixil.inc;' of tlio <|ii()ta.
'I'ho fstiinntu is liei-o ^ivcn nifiely uh an illustration oi' a niotliod, vvliicli, with luMtcr
«iata to work n|inn, mif{ht prove val(ial)l(\ 'I'lic |)cr(Tntai;i> ^ivon tor the 6tli July is not
to bo rt'lirtl on. Ni'vcrthi'less, the result, arrived at is probalilv not n vcrv loui; way IVoni
the truth.
Statistics of Sonls Killod on the PrilivlolT Islnnds in tlio Season 185)5-90.
St. Pah I, Isi,am».
S«uon.
Ditto.
Uiiul<rtv.
SonlM killed.
1895
Autuniii
FlMMl-skilH
■ • • •
• •
'J2'.t
t«»6
Mny
Junr
Ill
'2'2
'Jlli
■\
»*
Sea-I<iou Itmk
Noilli-i'iisl roim
ToUtoi
Noiili-ennt I'oint
Iteef
WiileliiiH'ii to d iti' ,
. U'l
3
. 102
.•1
. M!)
<>
.184
111
/ciltoi . .
• fl • • •
'.'88
'JO
Wnti'limi'ii
■ • • • •
>•
2
«*
'->;)
Norlli.fiwl 1
oint,.
MM
'.M
,^
■ 1 ■ • •
1,108
,,
•J7
lU'if ..
• • • • •
•J.07r,
*.»!•
KmhIIhIi Hiiv
Midillo IlilM'nUtoi .
I.M'.m
July
.•1 '.',
Noi'tli-onst 1
oini, .
I. line.
I.IOO
r.
/olloi, Iiiikii
inon
\.r,x,
7
/iipniiiiio
• • * •
• •
784
„
8
I'oluviim
• . • • •
!))!l
t*
10
IJcof, Zoltoi
1 • • • •
l.'27l
i:!
Norlh-i'nst Point,,
1,01,^.
M
,,
11 • • •
1,1 )i!)
1 .)
Keif. Zoltoi
« • • ■ •
810
M
h;
ToUtoi, Middle Hill, V.nKV\->\\ llav .
i.i;m
,,
■21
North-east 1
oiiil..
80H
• •
'2'2
,,
it • • •
1,017
f*
'.';i
I'olnviim
• • • • ■
.'i8.'.
'.';■>
Lukniiiion, Ketavic, /oltiii, ItccI
I,(i.'l(l
27
Middle Mill.
'I'dIi
TdNtdi. I.nk;uinnn
•
••
CJl
'.'1,842
J.
1% ■' *»:
St. GEonGE Island.
.*>iason.
Date.
IJookery.
Seals killod.
1,S'».'>
Aiitiimii
Food-skins
• ■
1<>G
ly.iii
May
18
SI
Norili llook
••ry
1.5
4ti
.liiui-
11
»« It tj
. 100
101
.,
10
Fast Rookerv
^ ,
57(5
,.
•-'4
/ai)adMio . ,
, ,
.•iti8
,,
•26
North and Starava Atil
..
99!)
..
'29
l':ast . .
..
801
.lulv
o
/apadnie
^ ,
a;i;j
•>
North and Siiiravii Alii
,,
700
•1
I'.iist .-.nd Little Kast
Znpudnie
■ •
014
'.>21
' *»
l:?
North and Slarnya Atil
• •
487
,
•2\
Knst . .
221
1 :.
1*4
North and Starnya Atil
Totn) ..
• • •
•
• •
iOS
6,163
33
Total.
IHitS-tm.
1H0O to Augimt.
St, I'li.l l*<liiiiil ..
St. (ii'iii);!' IxIniKl, . ,. ., ..
0.1 C'l
•j'j.ni.T
6,9'J7
'I'Dtlll
30.00.'. 1 'JB.'JIO
NoTK. — Ml skiiiN (if hi iiU killc'il (11 llic i'.lu'KlH ill IH'.Mi wiTc ii(!( rptcd hy llic nunild of tlic Noith American
lliiiiiiiK'rciiil ('iiiii|iiii>y. Si'M'ii '■kiiiH tiik< ii Inr fiiml in tlii' |iri'vi()ii<i iiiitiniin (I'llli OokiIilt) on Nnnli II(MikL>r]r,
St, (Iroiut- IhIhii'I. hcic iiJitIccI, chu' lit li.iii;; iindiT-Ni)! ■(!, tlio rrsl us mii({cy.
Till' iilidvi' iM^iiiiis Mcrr t'iiiiii»lir(l iiir lur Si, I'liiil IhIiiihI liy Iiiclm' Crowl y, UiiiU'il SliitoV TirO'Ury A;(CDt
in rlinrnt- of tlir rnliylutr lojiiiicli', anil (in .Si, (iciirm) ''•Imi'l 'ly Mr. Jiiinos .Judge, Unitvd Stitcs' 'I'rcuturjr
Atfeiit.
OoMi'AiiATivi; l''n'(|iic,iicy ol' Di'tfcs in pust Y<nirs on tll(^ I'rihylofr Islonda.
(;/'. St'M. Doc 137, rt. 1, pp. :{()2-:uj).)
St, I'aul Lslani).
Kiiokcry.
1878.
1888.
188!).
1896.
Nortli-eii''t I'niiit ,,
Iteer, iiieliidin^' (<o1tni.,
Tid^itoi iumI Middle Hill
LukaiiMiiii mid Kutavie
/npad it> . . , .
I'olavinii
4
18
9
9
4
3
17
13
G
8
8
33
18
13
12
8
7
4
«
3
3
I
3
St. George Island.
Uookery.
1878.
1888.
1889.
1898.
North
. • • • • .
7
10
13
5
lOaHt
. . • . . .
7
14
16
4
/iipadiiie
7
10
12
3
Slaraja Atil,.
..
5
IS
13
4
XoTK— In tlie above Table all tlie " foo'l-drlves " and all the drives in niitnmn subsequent to the "stagey "
season are oiiiilli'd.
'I'lic tinnrcH jiveii for tlie yens IS88-S9 are not in nil CISC'*, at least not in the ease of the larj»cr rookeries,
strietly coinpiir.ib e "'ith tliose for tliis vear, sinee tliev record as separate drives drives th it o'niiusly o ivcred
only n portion nf Hie rookcrv; tin- liijiirc'S for Nortli-Ki<<t I'oint in tiiose years clioulil, at any rat", lie divided
liy two. Noverlliele-is, the eonipari<on is of soinu valu?, and may be checked by an inspection of the full
stiitintics from which the above epitome is drav/ii.
It is manifest fi-oin tiie above statistics thnt the rookeries, especially those on St. Paul
Island, were last year 8ul)icctorl to vastly less severe handling than in days gonn by, espacially
ill the latter years of the Alaska Company's tenure. ^
There was no " raking and scrapini; " required to furnish the quota of ■30,0^0 skins that
was last year permitted and obtained. It is equally clear that the 30,000 mii:ht have
been considerably exceeded, tlu)U<!;h it is not safe to make assumptions re^ardin^ the
measure of suelt (xissible c.\cess. But we may at least take note that the killinij caint.' to a
satisfactory end last year without the need for even a second drive at Zapadnie, from which
[4b7J G
.11
no sniln wore tiikon ndvr flir Minf;l«' drive on llic 7tli .Inly, at wliitli 7h4 Nkiiis w«mh' titkni ;
while in lHS»r> /iipHdnic Inrniiilied —
.llllv -i
.. lit
'I'liiiil
And in IH<)t.
.Iiinr 'J.'l
.l.iU 17
Tolnl
Skill*.
Hni
Mm'.
skill".
H4II
DItil
1.771t
SIntiKlirx of Killiiiij on Snilli-nisl I'ninl.
Captnin David Webster Iwid the kindness to eoinnuinieate to ine (fith /\n;{nsi, iKiii,)
liiis |irivatenieinoranda ot the killing on North east Point that he had hiinselt siiperinlinded
ltd
('aptnin Wch-ter has liad more expirieiiee than any man alive of seals, their (jiKst .,,„,
their slanithter. His experiences are in part rei-orded in the U-port nl' the Ihilisli
('oniniissioii tit IMMI. and the Coinntission then hore testimony, whieh it woiiiil I-
.siipcriitions Cor me to repeal, as td his e\treme rei-ard (()r aeiiuraey ol statemenl.
Vi'in.
IHCiH
I Sli!)
INTO
1S7I
IST'J
IST.t
1H7I
is:.->
IsTii
IS7T
1S7S
IHT'.l
IS^O
ISSl
18.S'J
I8s:i
1S8.-)
18S(i
18S7
ISSS
i-.-J
l''inislu(l Killing ((ill wiiiil ol' Hiill).Si'|itriiilM'r l.'i,
iil'lcr K.i; .If! 'Jii.eoa. 'I'lini («ii'i' ii» iimiiv
IIKIIV wi'ic Killcil «ii till' Millir l.ioKcIV liy
iillirr IimikIk.
Ill lopiril 111 ill!" )>iciit iiikI iiiiirsliii'li'd ►Iimnlitri
III tliin yciir. it lii)'< lirni iillr|:i'il tliiit lll<<
xlnilgl tcr \\»K iMilisrriniiiiiitr, Hill! i')';jiirillr!-N
ol' M'X (!!■ info. C'il|ililiii \Vrli..lrr in |iiimiIivi>
ill ii-scilinn t'"'^ liiirlicliir iiiiilis milv vm'It
killfd ; tliiit llicnc Hcii' wi iiImiiiiIiiiiI tliiil it
wiiM iiiiiii I'OMiiy til ilisniili till' iniiir mlli-
ciililv (liivi'li lif('riliii);-)!rimnils I'.ir tlir liiiU-
iiiiil liniiilrK: iiiitl til It tlic iiiitivcM \Miiil(l
liiivc icIiiHCil ctcil tlii'ii III kill iilirr liiiiig all
tlirir livi'K iirriiHtdiiit'il In |iriitri'l Ihrni.
None killr.l.
('il]ltiiiii WclmliT IlliNi'iit nil liiililirii Itci I'.
Killiiii; oiimplctod
(Absent mi t'iiiiiiii;iiiilrr IsliiniU.l
Killiii); t'oiiiplotoil
Dull'
KIIIm
OitdlilTL'H .
In. lino
.llllv HI ..
•-':t, 1 1 1
'2'i . .
'jri,;(i,!i
17 .,
it'i.'T.'i
17 ..
M.'i.llH
,, ii ..
'-'."■.'.'111
10 ..
'J'.'.n:;!!
10 ..
'.'!»,'.• l.'i
..
'.'."i,7'."<J
H ..
1H.077
17 ..
2:1.2 11
'.» . .
i;!,;i(i!
IH ..
J.l.OOi)
2il ..
lil.HlN
n . .
i!(l,l»2l
'22 . .
2H.,'i(!.'-.
'2ii ..
.•I2,s(i;j
Ill ..
'JN.SO.'i
From these statistics two deductions may he fairly drawn.
Firstly that the diversities ot dates by which the work was completed and the varyiiii;
numbei-s obtained indicate a variation in the numbers of the stock I'roin year to year even
in very early periods. This fact Captain Webster iiiniself pointed out, and bore witne^.s
roni his recollection to its truth. He was positive tiiat even in those early days the seals
were more abundant one year than another, and that the yield was gathered in with varyiiij;
ili'ttrrrs (il liilitinr iiiul in \Mryiiii; plenty ; l)iil i.c priil'i s-.i i| liiiiihf If inmhlc ti> > x|il:iin Mii'«
tiicl. Scciiiiilly. we iiiiiy sec lioui tln' I'dntiiiiial Iciit^llicnin;; uiit dI fluj simhuii soiiiclliin;;
iil'tlii* iticrriiAiiiK dillinilly cxpiMiciiccil in llii; hiMt yciUH in olitmnnn; the totiil; iiimI tlir larift;
niinilicr'< s-.tmiimI t(t tlic i-ml (lliui nl' iHSS cxcir liiij; (li.it of itiiv yi'iii' hmci- IS'.'i) inny
pcrlwii"* III' iiili ipM l( (I iH '•liDwini: Imw tlii-i ^nal Iniivcst.'^ioiiinl «iiN diiiwn Upmi to llir
iitin(i--t in llic -Il ii::"|,. |,, ncliicvc the wlmlc ipniti ii|' IdO.OOO lor the iHliilidH (Intent; lli< IihI
yciirH III' the Alii'*ka (oinpiiny's tcnnn-.
Cnni llisinii '
Hr^'uU-^ llic liirls (])' stiitcnit Ills tli;ii | Imvi (Imlt Willi in llic piiccdinu' p ^i'm, tlioii-
lire -till iniiny ntln i pninfs, fo wliicli mv iilfrnfinn wu- ilinrlcd, copcrnin!,' wine h I l)Ci:
Iciivc 111 I'll' incimwliilc lo pia'li'rmil niv icpoil. Smli inatlris a-, llicsr an' llii d:it<'s ot
arrival ■\\\i\ dcpaitiiH' ol llic vaiiuii'; <la>-s('s ol scah, lliciv inaniii'r ol Ictfliii'^ mid pcii()d«
III' ati'ilinriK I' linm loud, ihcir <iiHfriliiifii)ii at sea aial the diiratii n nt' tlii-ir «tay aslioic,
llii' flic! I'llln'pnps ill wcaniii^i, tlic nici'.iirc nl viiilitv iil' the laill-. and tlic |di'cMntiii'iia nl
prci^iiaiicy in llic liMiialcs.
Ci ilaiii ol llicsp iiialli'is ,iic disiai^Md in the Ucpoits n| mv collcamir. ; ('citaiii (d
llicm arc iiiatl'iN in ici^anl In wiiiiii llic piivcrly ol' our I\iio\vlcd<c invites >n«|ien^i<)n ol
Jnd^inent and (Vc-ili hciucIi lor cvidcnec.
In llic |iirct;oin;^' acconni I liavc mptcIv si I lialh my ol)Kcivalioiis ol' llij 'nid and
its past lii-toiy in so lar as Ixiili lo'^i'tlnr siiovv that llic al.niiiiii!^ siMtcnieill-. to aIiicIi
ntteiMiicr Iia- Immii i;ivin in i(<'rnt years, the aeeonni-. ol' tlic lici'il's inimcn-c (Ij'citMse and
the propliceies ol' ils approacliiiiij; extinclion, arc overdrawn and nnteimlile. lint it is my
duty toNtate to voiir Lordship thai tlurc is still ahinidant need for rare and ior |)rud('nl
iiMfisMrcs (,r ((aisi lAiilioii in tjic intcresis of all. A hiilli-iatc which we l-limatc at
I |.'t,lil)ll per aiimini is mil i;ieal in comparisdii with the diairi upon the stock, j l''r')ni one
cause (ir anoihcr, a los . of ovi r l.'().(l()0 is experienced anioni? tic pups ere tlicy I'mi'^^ralc to
sea; aial llioiiu;h the dani;i'is they there enconnlcr an; iinUiiown to ii: , we ma\ take il for
certain that the risks they run are ;;n'al and tlu; loss they endure considi'rahlc. When to
tia; ineasnrcd loss in inl'ancy and to the ninucasured loss in youth and ai,'e we add the toll
taken on I.Ik! islands and the t(dl taken in the sea, it is not liillicull to heliuvc tiiat rhe
margin of Huletv is a narrow one, il it he not already in some uicasnre over-stepped. We
may hope for a pi-rpctnation of the present mnnlters ; w(; ea, not count ujioii an increase.
And it is mv earnest liopc that a recognition of mut'ial interests and a rci,'ard lor the
conniion ailvantairc mav siinu'e-t ineasurcs of prudence wliieh shall keep the pursuit anil
slaughter of the animal within due and delinite hounds.
r am, tStc.
(Si'Micd) DAItCV W. TliOMI'SOX.
^ f-i:
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Appondix.
Communication from Messrs. ('. M. Lampson as to the market prices of salted fur.
seal skins, 188(j-96.
IJeav Sir. 01, Queen Street, E.C, London, January 80, 1807.
We are in receipt of your favour of yesterday's date, and in reply beg now to inclose
statement showing tiie yearly catches of the dilVercnt kinds of fur-seals sold by public auction
in London since 1886.
Ycu will notice that prices advanced very greatly in 1890, when the take of the Alaskas
was suddenly reduced to about oiu-tifth of the usual (juantity. Prices generally kept at a
hij,h figure during the years 1891-02, and they showed a decline as soon as the largely
increastd quantity of the north we>t coast catcli began to tell. Since then there has been
an almost uninterrupted decline in the leading sorts until the present time.
In e.vplaining our classitication, we beg to state again that —
Ahiskus comprise the male seals taken by the North American Commercial Company
on the Pribylotl' Islands ;
Coppers, tiie males taken by the Russian Seal-skin Conijiany on the Siberian Islands ;
I\'ortli - west Coast, those taken by the pelagic sealers of! the west coast of North
America from Sail Francisco to the Aleutian Islands, along the coast of Japan, in tlie
neighbouihood of the Siberian Islands and in the Behring Sea ;
Lobos, the skins taken by a Uruguayan Company on the Lobos Islands, olF Monte
Video ;
South Sea, skins taken in the Antarctic Ocean.
Besides the seals enumerated above, about 3,000 skins per annum aie'taken off Cape
IJorn, aluHit 1,000 skins per annum in Australasian waters, and about 2,000 skins per annum
oti" the Cape of Good Hope, all these being oi' comparatively little value.
We sliai! at all tinv j be iiappy to furnish yov. with any information that is in oui
power to give.
Yours truly,
(Signed) C. M. LAMPSON and Co.
Professor D'Aivy W. Thompson,
University College, Dundee.
Si AiKSliSNT of Gross Av<'rage Prices obtained for Salted Pur-seal Skins.
f'-i
"■'';c^^ if';
I ■/ '• 'I 1? ]l
'■ • ■ :(.4i •
Alaskii.
Copper
sLind.
North-west Coast,
Sic.
Lob
)9.
South Sea.
Vi'iir.
Number
of
Skinr.
Price nf
Skin.
Number
of
Skins.
Price of
Skin.
Number
of
Skins.
Price of
Skin.
Number
of
Skins.
Price
Ski
of
n.
Number
of
Skins.
Price of
Skin.
n. ll.
». d.
«. rf.
«.
rf.
*. It.
ISSG
99,947
69 ;•
41,750
40
49,079
29 5
15,049
18
1
,,
1887
99,949
50
54,584
40
39,419
26
14,831
16
4
, ,
..
I8S8
100.037
77 11
46,296
38 4
30,2,15
34 8
17,774
20
6
.,
, ,
1889
100, 03 1
fiC 11
47,411
50 6
39,884
42
13,205
27
8
,,
,.
1890
20,994
14G (>
52,765
r 53,946
58 2
84 9
47,467
64 4
14,241
35
••
1801
13,494
125 4
< 5,800
30,681
58 10
68 6
63,733
54 9
13,634
33
6
••
••
189'J
7,5,')4
125 4
.t1,380
81 1
7i,978
ca 7
12,202
26
C
,,
..
1893
".■.son
108 6
■12,832
71 10
106,368
51 3
13.624
30
4
4J
77 i
189'
Ij.888
86
27,298
57
135,686
35 7
12,145
21
I
,.
. ,
1895
15,002
81 9
17,721
54
102,460
43 10
12,017
20
. ,
,,
7,500
68 1
1
■ 63,696
32 2
14,019
22
6
189C .. <
22,500
Btill
unsold
. 14,415
45 2
6,900
slill
t untold
5,153
still
unsold
y 584
51 »
89
s of salted fur.
A table showing, from the above figures, the actual value of the pelagic catch in recent
years, makes it evident that the fall in price has been a more serious matter than the diminu-
tion in the cntch.
Total Valuo of the North-west Coast (Pelagic) Catch.
ry 80, 1897.
now to inclose
• public auction
of the Alaskas
;rally kept at a
1 as the lari^ely
there has been
rcial Company
Year.
I SOI
1892
18;)3
1894
1895
189(1
(iO,73:i i 'iins at
72,973
100,;)()8
135,G8G „
102,460
fi3,G9G ,,
c,900 unsold at
v. ,1.
.)4 9
08 7
51 3
35 7
43 10
32 2
32 2
102,444
11,097
Value.
£
1 74.409
250,230
270,568
241,408
224,558
113,541
berian Islands ;
coast of Nortii
Japan, in the
ids, olF Monte
,..4-
taken off Cape
kins per annum
that is in oui
IN AND Co.
Skins.
South Sea.
Number
of
Skins.
Price of
Skin.
45
i- 584
t. H.
51 9
it
i. ■*- 1
: 1 J
^'mI
'K
'XMi
S
n
S o
S ■
il
>
e
w
O
3
a
a
a.
3
O
o
"« a
00 B
s
ad
<o 5- £
c
vl a a
1-4
• S' -J
2
B
t-
s-^-
^
IP?
b
§:|
a
^
^
E' >■
u
»i
M n
Wl "<
to
t-4
9> H
*{
" B-
« "^
u
Q. u
V. §
■p
§ s
QO
O
f
U N I TE D S FATES. No. 4 (1807).
m
CORRESPONDENCE
iim
• 5- -J
U
B S
OQ O
^ o
s- >
O
S "
C s
WITH THE
^1
UNITED STATES' GOVERNMENT
IIESPECTING THE
SEAL FISHERIES IN BEHRING SEA.
Presented to both Houses of Parliament by Command of Her Majesty.
September 1897.
■'^.
[C- 8602. J
LONDON:
PRINTED FOB HER MAJESTY'S STATIONERY OFFICE
BY HARRISON AND SONS, ST. MARTIN'S LANE,
PBINTEH8 IN ORDINART TO RBK liAJESTY.
And to be purchased cithtT directly or through any Bookiuller, from
EYRE AND Sl'OTTISWOODE, East Hauding Street, Fleet Street, E.C, and
32, AiiiNODON Street, WEsrsimsTKR, S.W. ( or
JOHN MENZIKS &. Co., 12, Hanover Street, Edinburqu, anb
90, West Nile Street, GLAaoow; or
HODGES, FIGGIS, & Co., Limited, 104, GaArToN Street, I uniiK.
Price Is. 2d.
Jnl ' '^1
^i
TAMlil-: OF CON 'HINTS.
No. ,
1
NaiiM".
Sir .1. I'mnici tote
Dull
Smi.ircT.
.Ian. 18, 1893 | UcunlalioiH irnvcriiiiiir vessels (iiiiiliivril iii tin'
fiir-!^ral Cisliiiii^. Trmismits tliosc ii|i|>i(im(I
liv tlic Seen tiiry ol' llir liiiltMl Stalls'
'l'rcasiir\ . Sir .1, I'aiiiii-' I'litr's Oral'l of
spnial lli'^'iilatiiiiiH tor llic |ir<ilr(li()ii of
Ki'iiliiif; vessels I'miii miiicccssiry iiilcrrcrciifi',
ami Mr. Carlisle's ri'vlsi'il lti'''iiliili(>iis
'-M,
3 Colonial Oflico
1 To C'li
Ollir
Colonial Olliif .. ,
To tiir .1. I'.iniiccf'oli" . IVlcgrapliio
Sir .1. I'.'.unccfoU' .. ri'l('i;rai«liic
I'o Sir J. rannccfoto . !
.Mar. I!),
.Apr. 1(1,
May 7.
11,
I
10
11
12
13
. Telographic
Sir .1. I'anncofolo
14
Telegraphic
17.
18.
14,
2S,
21,
[638]
Wdrkinir <>! Award He ),'idatiniH. Traiisniils
niilr Irnni Uiiilfil Stales' Secretary <'!' State
proposiii;; appuiiilineiil of liileriialiiiial (\ini-
iiiissiiin .'iiiil tiimliix riveiiili. niider ulileli
sealing; woiili! lie Bospemled iind the lienula-
tioiis extended tj the wlmle of llie I'arilic
Oeean north of l.itit icle :!.'>' norih
iSealiiie-ii]! ol' arms. iSie., on lemrd fealiiij;- 1
vessels. Il' Aureemeiil Is to lie reiii-wuil,
some eie.'ir advantai;e sli'jnid he idTered to
nuislers of vessels .. .. .,j
.Sn^-yests that, Uer .M.iji'sty's (iovernnn'nt
slionid decline to rene>v the an.'in^einent ,
relative to the sealiii|{-Mp of arms .,,
I'oiicnrs in (int,';;i'stion made in No. 4 . !
Her M.ijesty's (ioKrinmiit have deeided not I
to renew the Ai^reeinent for sealinjj-np
arms
Award Iie;;ulation.-. I'nrtlier propos^.l from
United Stales' liovernmelit (fee No. 'J) .. |
I
WcnI.iiifj of .\ward Ile);nlaliiiiis (see No. '_'). i
Cnniiot aj;ree that Itefjlil.itions have failed.
Her Majesty's (ioverninent lire nnalde to
accept mvdui virrntli. Ohjections to pro-
posed ('ommission. Hn|,'i;ested appoiiiliiii'nt
of .\t;eiits
.Siiil^-e^ted .'ippointmeni of .Agents to reside on
the seal inlands. .Mr. ("iresham's immediate
attiiition should he cal'eil to the proiios.il ..
Award He;;iilalions (see No. ^). Ohjections
to United .'States' proposals Inspection of
skins is not accept.i'de . . .. ,.
Sealiii|j;-iip of arms. Trainmit.s note to I'liilcd
."^tales' (ioveriiiiit It i'l the sen-e of instruc-
tions in No. G
Award l{ei>nlalioiis. Has addresseil note to
lliiilcd Slates' (iovernmeiit (see No. S)
Sealing-np of arms (see No. 11). Transmits
note from United States' (jovernment accept-
ing deci'ion of Iler .Maj<'8ty's (ioverninent
with regrut, and .eqiiestiiig liritisli .Naval '
Olliccrs may continue sealing-np ol arms in
United Stales" vessels. His reply thereto.
Stntenients in United Slates' pres.s ,. ;
Award Uegnlalions (see No. '2). Transmits I
note frnni United Slates' (jovernment pro- I
posing '•< mispemi pelagic sealing pending |
negotiations for extension of prutecliw area;
n ntaHus vitKiidi ; n Joint Commission; and
amendment of Rej{iilntions
fZ
li
1.:
14
I I
l3
"8.'
TAni.!'; OF CON T! NT
111
15
Hi
N.illir.
IS
19
M
U3
■J4
'20
27
'.'8
I,oril (iijirli
To Lord (jDii"!!
Lord Gmi(jli
Sii' ,1. Pauin'tfutt
Dale
To I.onl fidiigli
IVlegrnpliic I .Iiiiio 17, 1S05
12,
17.
2ft,
July 4,
22,
ri'li'g'apiilc
Lord (i<)ii"h
'I'll Sir .1. Paunct'fotc
I'elcyraiihic
All-. IG,
29,
1!>.
Srpl. 7,
23.
13,
27,
Knii.iicT.
I'aK.
Sc«liii(f-ii|) of iiriiix (111 llnilcd Stalcii' vcssi'N
liy Urilisli N.ival OITiccri (-w No. Ifll.
("oiisiMil ot' Ilcr Mnjc-lv'') (itivcrnniptil in
I ('(intiniimici' iif ,, . . . .
Sraliii;,'-ii|) (iC arms (m-c No. Ki). 'iVaiiiniuts
1 Hole from l.'niliil Slatis' (iovcriiniciit ,r-
' (rrcltiiip ilclay in ii()tirviii(.' ri 'ii'nl of lIiT
I Majesty!! (JovcniiiMiit to oiitiiiiic. id'asdns
wliy Uiiitiil Slates' ( lavertimeiil iIioiik'hI
arrangement wan imie In lie iiiaclf. .
Spiznri- (it' lUilish scaler " Slielliv." Tran^-
iniN iiole fioiii Unite(l Slates' (iovorniiieiit
re|i()rtiii;4, anil askiiif; eoiiMMit uC Her -Ma-
ji'sly's (joveriiinenl to .( Jiresciitatioii of j
L'liiteil States' Ooverniiienl lijr Coiiiiiii'l at i
! tlie trial ..
I Appointment of resilient A'.'enls {sec '\o. 'J).
'rraiisinils note frmn I'hileil S;,,lc.,' (inverii.
I nieiit i-ontaiiiiii;; new priipiisal
Iiiailiqiiai y (d l!rili-li p:i'riil. 'r-,\iisiiiiis note
I fniiii I'nileil Sl.aes' d'overniiiei.i a^l.iiig for I
, inure eflieieiit eo-opcratinn, ai;i| re(]!iisliiij( |
early reply to No-^. 14 and 17 .. ..1
I SealinL'-iiii of ainis (see NO. '.'i). Inference i
dra«ii liy United Sl:ilrs' i iinciiiiiie'.t Iroiii !
i iileuliiy (d' I SIM ami I Ml'.'i On;-:-, iii Ctnimil I
caiiniii lie ■■iistained, ii« snl'jei i. was outside
I (d' tlie purview (if ll.c 1 sy 1 ("rdir in ;
I Council . . . . . . . .
IAppiiiliUiieiit r.f resiiI'Mil A;4eiils. Vieus of I
Her Majesly's ( ioveiiinieiit in ve;^arii to |
counter-proposal of I niled States' (toverii-
1 leeiit (see No. l.S; . . .. ., |
Se.iiiee-iip of arms. Siizures of llie '• \V;in-
I derii" " and " I'avoiiriti' " (see No. (i). lull
' statement id' cireniii'lancos. Her .\lnieslv's
Government, feel liiiiiiiii to present e!;iiii;s for i
( comiii'iis ition . . . , . , , , |
I .Seiziiri! iif "SInlliy" (see No. 17\ Is it the
desire of United States' (jovernment to bn
npresenteil liy Counsel to lake part in the
proceediiie,, m- only to watch the ca-. ?
Appointment of Kesiddit Aneiits. Has ad-
dressed note to I'niled State*' (i(i\erninent
in I lie ficiise (if No. 'Jl . .
"Wanderer" and " I'avoiirile. " .'^eiz'.ire^ (if.
Han read to S"cretarv of Stale Nc '.'■}
•Seizure of "Shelhy " (see Ni.. li.,). C'oiiii?(l
representing United ."■tatc.-' li(/veriinieiit
would make su^'(;(StioiH to liritish (jovern-
ment Counsel. Similar courtesy Vioiild lie
extended to dinnsfl rcpresentiii,^ tin at
Jlritaiii ill United Stales' Cvni ts . .
Sealinjj-iili of arms (-(^e No. !:',). Transiiiits
Report by United Stales' Coniniaiider of
I'atrolliiitr Meet, statin'.; that llrilisl. sealers
would prefi r their arms to he aealea
Seizure of ■ Wanderer " and ' I'avourite '' {sco
No. ".'5), Instructions to inform United
btates' (iovcrnment that British oflicers vnIII
not take over any vtbscl seized by United
Stales' cruiser ■ xcept for a contravention
of a Rritish .^ct of I'arliament ..
23
2S
35
20
30
.'}'/
32
33
3(>
;36
36
SC
33
I
■ N,:
li
•■ k: '-v
iT
TABLV; OK CONTKSrs.
9*
^ S A >.* •■
■'f-'ji
«i'-,
No.
Name.
l)at<-.
.S[;r.?F(T.
Pace
29
Sir y Pauncpfotc ..
• 1
Sept. 24, ISO.S
Kxaiiiinnrmii of nciiI nkin< liv Unili'ii Slali'it'
Inxpi'i'iorH in llritKli Ciiliniiliiaii piirtH.
'I'raii'.iiiit* iKiii- to lliiilicl States' (invcrii-
llM'iil I'xplaiti'iijf lli.it Hit MnicHly's (loTnii-
iiHMit liavf aliTacIv clrcliiicil ihi' proposij (>ii'i'
N.p. 10)
.1.S
.10
i» »» ••
• •
Oct. 17,
Sciziiri'K ())' " WanilcriT " iimi "' l''a«'niirite."
TraiiuiiiitH rcplv of IJnilcil Stati'n' (invcrii-
iiiiMil to No. '2-J, niUmv to the valiility ol
thi' riaiiiis
;i9
ai
V »' ••
••
IVb. 11, 1890
Niii'.hIii); Icniali' ncuU killed at .'ea. Traii>iiiitii
mile f'roni llnilocl Slnten' (invoninieiitaKkiii);
that a record may be kepi
^1
89
To Sir J. rauneefote. ,
• •
2J,
Krari'hiiip: mul neir.inu of Kritisli sealern by
IJiiiled Stales' eniisersi wjlhoiit siiHlrietit
cniise. Transmits letter and papers from
Colleelor of Custoiiis, Vietoria, eoniplainiiisf
of. ItintnietiiiiiB to aildresH note to I'liiled
Stale*' (ioverimieiit askiii^j that oi-d.Ts mav
lie issued lo prevent
12
33
Sir J. PnuncofotP
27,
Uevisiim of Kejtnl.itidiis ami mndus vivrndi.
Transinlls text of Kill anti ori/iii'.r I'lesideiit
to nejioliate with Powers coiieerncd, ami
lleport of Committee of Ways and .VJeans.
If »(iHf/H.« Vivendi nntconrliide<i and adequate
iteKiilatiiins iiol put into force for IKUtJ,
aulliority to lie ^iven for killiii|j; b!1 seals on
tlie islamU
•i;i
34
i» fi • •
• •
Mm. 12,
Transmits note from United Stales' (iovernment
requesting imineiJiate revision of Kegnlii-
tlons
51)
35
f It «•
• •
23,
Unnecessary intprferenco of United Stales'
cruisers with British sealers. Transmits
note to United Slates' (iovernment In
accordance with No. :!2
5«
3G
t» ?i •*
• •
Apr. 2.
Unnecessary interference of United Stales'
cruisers with Hrltisli sealers. Complaints '\'.\
No. ■Vi will lie consi.lercd by United States'
(iiivernmenl . .
oO
37
To Sir J. Pauncpfotc.
Telc(»raphic
17,
Kevision of licgulations. Diniinnlion of seal
herd not «lio\vn to be due to )ipla(;ic sealing.
ICxIermiiiatlon not imminent. To ask tor
facilities for Urilish and Canadian .Agents to
condnct investigations on islands (see No 31)
36
38
ti n • •
• ■
17,
Amplilies No. ,'37
,57
39
Mr. Bayard
• •
18,
Exiens'on of I'aris Awanl. lias been In-
structed to eo-opprato with Kussinn Ambas-
sador in negotiations for extension of protec-
tive area . . . . . . .
,'58
40
Sir J. Pannecfote
Telegraphic
22,
racilities will be granted to Uritish naturalists.
Company will be asked by United States'
Government to provide transport (see
No. 37)
a\i
41
)i «• • •
14,
Unnecessary interference with Uritish sealers.
Kepiv of United States' (Iovernment lo
No. :f2. Cases of " Webster " and " W. Ains-
worth " will l:e investigated. Ueferrnce to
Uniteil Statu,' i'roclaination or Acts will bi-
omitted in form of clearance
5 If
42
» )i
Telegraphic
30,
Investigation on islands. No. 38 communi-
cated to United States' Uoveniment, who
wish Kritish Agents to confer with
Treasury officials at Washington on their
way ' ..
61
'iaiim; op contents.
\'»«,'
KmI Sliitt'it'
an iiiirls.
»' (lovcrn-
■'h (lofri'ii-
nposil ("oi'
3H
|''nvourit<'."
»' (iovcrii-
valiilllv »l
TniiiMiiiln
riipiit nvkinif
si'nlcrs liy
t siiH'iririit.
■npiT'* tVoiii
ronipluiiiiii^
(• 111 I'liitfd
iiriltT^ tiiiiv
(us virrnili.
fT I'li'siili'iit
tcriiL'il, iitiit
iumI Mdiiis,
iikI nilpqiinli'
H for 1890,
nil »vnU on
(iovcniiiu'iit
of Kcgiilii-
litcd .Stales
rrnnsiiills
niiu'iit ill
>ll St.ltl'!.'
oii)))l:iint't i'l
ili'il btntc-i'
Inn of Pcal
ii;ii(' 8i"aliii(r.
I'o iisk for
Audits to
(see No 34)
as bcoii in-
■»ian Ambas-
in of prolec-
naturalists.
ited States'
isport (see
itish sealers,
eminent to
. " W. Aiiis-
U'forrnre to
Acts will be
cotnniiini-
inicnt, who
infor with
n on their I
;!i)
41
12
•I'.l
5;(
54
56
,57
-i'j
61
No.
•44
Nun
43
46
47
•IH
49
60
:>\
52
M
•I 4
55
56
67
58
.Sir .!. Paiiiiecrote
To Sir .1. I'miricilnte.
Sir J. I'Hiiiiierolc
'I'll Mr. I'aynril .,
To .Sir ,1. Paiincefote. ,
Sir .1. Pduiiccfote
Pclpgrapliic
To Sir .1. I'.iunrefote.
Colonial Oflico
To Sir J. Paunref.jle, .
Admiralty
To Sir J. Pauncefote
Sir J. Pnuncpfotc . .
Colonial Office
Sir J. Paiinccfotc
Dite.
May 1, 1H!)G
13,
H,
10,
21,
2:1,
28,
.lune 15,
24,
30,
Jiilv 6,
30,
24,
MnUKCT.
I PoR"
Invesii^ration on i^lnnll!<. Trnnmnits note i
from Mr. Olney (lee No. 42) . . . . ' 62
Presence of United States' Counsel at triaN of
llritisli •.ealnrs (see No. 26). Her Mnjesty'i
(iovernnient ai'ree to Counsel inakinf^
sii(f(reslion9. If United Stntci' fiovcrnnipnt
would enter into nurceuient to sRtisfy judg-
ment of Conrt in ease of wronfjrful si'iziire,
they niiuhl take an active part in tlie con-
duet of proceedingi. Sii|;|;c8tinii as to
appointment of International Court
Kevision of Itegulations, Ilaa addressed note
to United States' (iovernnient in sense of
No. KH
Extension of Paris Award Kepnlolions. Pciid-
iiij; report froni Ayeiiln, Iler Majesty's
G.ivernment cannot enter into iiejfotiations . .
Visit of Naliirnlists (see No. 42). Tliey will
he instructed to |;o viii Washington
Unnecessary interference with British sealers
(tee No. .35). Transmits note for United
Slates' (iovernment. American Naval
Officers deny charge of having failed to
seize two American sealers
Revision of Regulations. Transmits note from
United States' Government. Secretary of
Treasury challenges accuracy of statement*
ill No. ;i8 ..
Uniieccssarv interference with Uritish sealers.
Her .^Injesty'» (iovernment do not consider
that reply of Uniled States' (iovernment in
No. 11 removes adverse impression. Her
Majesty's (iovernment trust that right of
SI .irc!i v.ill 1)0 exercised with discrimination. .
pire-arni«, &c. ArraiigeuicnN made to insure
that no arms -.houid lie carried .,
I'irc-arni«, &c. Transmits No. .")1, and in-
structs to inform 1,'nited States' (iovernment
of arrangements
Alleged decrease of number of seals owing to
|)elag!c sealing. Explanations in reply to
No. 49
Movements of British patrol ships. Transmits
Report fniin British Admiral, explaining
reasons for arrangements in 189.'>. Three
ships will patrol in IHOti, and more cruising
will he (lone . . . . . . ..
Movements of British patrol ships. Transmits
No. 54, and instructs to int'orni United
States' (iovernment
Fire-arms. Has addressed note to United
Stales' Government in sense of No. 52.
Transmits their reply suggesting further
arrangements..
Arrangements respecting tire-arms, and pro-
posed inspection of skins by United States'
officers. Remarki on No. 56
63
63
63
64
64
(•4
Presence of United States' Counsel at trials of
British sealers. Transmits reply of United
States' Government to No. 44. Proposal
will be considered .. .. ..77
«5
66
71
72
72
73
74
75
t t;
, Wj-iv
Tl
lAllM': <)1' ((iMINI'S.
; 'MJM|Mi
^»ii^
' '^i^S
ill
;:U'r^''
.I'
N«.
Nnmc
M I It l^irilOoURli ,. ri'|i'Rr«pliJ('
<;0 l.nH (1on;1i
I
C'J To I.oril (loni;)) . .
f.'' I.nril (ioiuli
T*locrii|ihir
64
65
r.> I.oril Gimcli
I.iTil <ionjrli
f* T.- J'ir .'. IViUiicelolo..
1
I
68 Sir J. raitiii-otoli' .,
C.) To ^" .- .T. P.iiinc'f.ifc. .
70 Sir J. PaiinccC'to
7' r.< Sir .1 r.inmi d'tc ,
I
73 S r .1. Pa iP.cpfote
Tolpgrnpliic
llalp.
Aiip. ;), iKUii
Si II in r.
I'll
<• ii-in«, mil! iti-|'ii iion nC »klin (nrr Nn, flfi).
Ilir M.ijrslv'* (■■vi'iiiiiii'iil ciiiiiiit I iidr iiilo
I'l'iipdji'il nrrniiurnintl".
Ix' K'lll '»0(' N'l'. (U) .
I'lllllu
■y n
ply will
IH,
S.'nl. 1.
irranii^ nii'l iii<>|m cli'ii i<l' •Kin'<. ('aiiiiiliiiii
(•iivi'riiiii) lit wiiili liiial ilniiiiiiii tci lii> nii<|.
lUIIK ll lllllll llll'ir vil'HH llllVC luM'll I'linvillclCll
F
ni'-nriii" 'unl hikI'i'iIihii <
f ►kii
li
trl4';;rani tVnin I'aiin.liaii (lovrriinicnl, i mi-
I'litriliu' in )iiop«iHiMl nimwiT lii Nn. 'ni. 'I'licv
1.1 ii.;rrr lo lirsl |iiuli(iii »(' priipoinl hiiIi
alli'ialiiiii .
'iiT-irm»
t'riim A.IiiiirnI l\
Tian-'iMiln rxtrarl fn
ili"|iiit('1i
I r ri'piirlliu' iiirmii;!'-
I'lri'-.iniis ami iii^'mi lion
i>l' •'kii
I'l
litH null' lo I'niicil Siiili -' (lovi
iiu'iil, ami their iriiU
Sp..
31.
OiM. 11,
Nov. H.
n,- 11
Jan. M. I«;i7
•26.
riir-;in
1U'- aii't iiivpri lion
.r-ki
Ni' (il. \'ic«ii of llrr .MaicKlv'
llU'lit
nii!i .iiiil iiiipi'i lion of vkiiiA. lias ai'Inil
on initiiictioiiA III >o. (it
Fici-ariiM ami iiihiiciiioii of «ki
'rr.iM^iiul'
nolo to llnitnl Mali'>.' (iovoriiiiK'iil, ami llnir
ri|iU, "iiKCi''tii'|I poslpoiiciiirnl ol llu' ipioH-
tioii until til' receipt of Dr. .lonlnn'"
K''P<'ri
LM' Xo. Cl. .\;;l<'i.'< to I'niti'il ."^lilr,' |iio-
|io>.al to po-tpoiti' <!iviiH«ion of tlio ipii'sliiiii.
l!i<vi«ioii III' Itoi'iil.ilioiis 1^ nut ronli'iiipl.itril
III I'lt-i'iit . ..
Ma
I-. (.,
r;i". ami rj«pii Imn ol sKiiis.
Trail. 'nils
liulluT nolo (roiii 1 nitcil Slalr;i' (iovcni-
im III, ai-knio eavlv altoiitioii to iIii't ipiis-
lions, ami iiiilosiui; Troamn y iii^lnn'litiiM
ttitli H'l'uril to cxaimiiation ol sl.iii"
I'llHr
Jti'ply t" alnn.v
ill Ciiiiaila 1.
»kins
!,c".'.i>laiion vMnlil 1«' ii'ipiiroil
r < inipiilsory •xaiiiinalinii ol
limpcction of vkiiis at ('oliiinliiaii port". Mr
Ol
iii'V iM)i!iri
vlu II <'inn<lian (lovrriiinriit
will lie pri'M.irrii lo lako artion .. ..
Priiri'j.''iir i !ioin]isoii'ii Kuport will lie fiiriiislii'il
to llniti'd Slalos' fioviMiiimiil as Riion as
priiitc
No ronMiii to fear cirlv rxlorniiiia-
imli .it seals. lnsiinv!lioiis lo ask for laiili-
lii"> lor lirilisli .\t;rnls to ri'vii"il I'riliyloff
I-Man.l< li
I!
rprosi'iilalioii o
f Un:
I'll Stairs' (i ivcriininil
It tniU of Hiilisli vi'si'
I Is voui'il in
Kvlii
»K
19,
'2S,
.Sm. An answer slioold l.e olilaineil a.s to
tlie sii;:pi'slioii tiial eaili (jinernnuiit slinulil
a(;r('e to s.itisfv tin- jmlirnieiit of the Court
in easo of «ri'ii fill seizure. Kefers to case
<.f " Iteatrice '
Iiivpeiiinn of skin-. Ntr. Slieriiian asks for an
answer
Mission of Urilisii A|;riits. Xole aildrcused
tr. Mr. Slirrm.in (see No. 71)
Ts
,H
7H
78
^.t
Hit
8!
81
»:;
H.'i
Mi
.si;
87
ss
.«s
r\iii,i; (ir contiin'is.
VII
\W'
No,
• N... flti).
riih'r inti)
ri'|ily will
('.iiiiitlinn
■iiii«icli'ri'il
rrniiiiiiiiln
iiriil, I nil.
Ml. Tli.'V
MOvnl nilii
ili'iuilcli
im-nnui'-
.■ Nil. :><.>).
(iivvrni-
'riaiiHiiiil"
- (JOVI'lll-
llils artnil
'Iriii'-nnl^
, .'ii\il ilicir
till' ()llr»-
.liirilou''
• ijilrstlDll.
Ii'llllil.ilc il
I i:in-'iills
<iiiv('ni-
i'*tr (|lll'S-
ll'IIOUdll"
ri'i|\iirc'il
iiiliim III
il«. Ml-,
vrniim'iit
iiriiiKlii'd
Aiiun as
Iniiiiii.'i-
I'.ir l.icili-
'nliylofl'
IH
vern incut
lifiiriii);
I'll a.i to
It should
111' Couil
•J tt» ca*('
Us lor an
uldrvasi'il
7H
78
1'.t
HI)
HI
SI
K".
Ki
H.'i
h(i
87
ss
SH
-II
Niiii I ,
Ml. Wliii,. ..
'I'll Mr. Whiti'
aw .1, I'.llllIM lutl'
78
7'.'
Diiti'
Tfl.
.'It );ra|iliii:
HO ■|'(, Sir .1. I'.iiMiiil.i
Hi
H2
I i'liKra|iliir
I
■Sir.!, raiiiinliili' . , I 1 ilt';(ra|iliii'
i
I
'In Mr ,1, I'auv. •• t'o'.i'.
.\|ii. 10, 1KU7
H.
-1,
.S4
H5
hi;
■ • I'l'lofjiiipliii^
'ri'l.'i;ra|ilii('
Sir .1. I'auiu'i't'olc
H" T" Si;' ,1. I'.iiini'i'I'otr., I rcl("^ia|ihic
HS
S!) ! .Sir .1. I'aunccl'dti
2s,
20,
^fav 1,
rclcRraplilc ;),
80
To Sir J. I'auiici'f'oto. ,
S( 11.11'. I,
,I''|««
Siii'i.'i'xii'iim liir n iiiiiiliia vivniili "Iihii'II'Iiiu all ]
killin:' III' •i'»Ih 111 |rt'j7. mi'i lor a .ImimI i
(■iinlirnii i' iil llip I'hwits ('(in'onicil. |l '
WMllll III' Cll.il In |iii«l||ij|ll! ri'VISIIJll lit III" I
L'lililMiiiH lill iilli'r ISIjH
III'' I'oniiiiiiiii' uttuii Mill ri-i'i'iM' iiiitiH'iliiiir 1011-
• I'li'raiinii
l'iiiiliiic'< «iil III' iirciiii'i i| Icir I'riili'i-nr I
I iiiiiii|iMiii, |i i< li(i|ii'i| lli:it l)r. •Iiiiiluti
■nay Mi'niiii|iaiiy liiiii \\i\< ri'|i<iriii| liy {
iliH|i'ili|i I iiiiiiiiiiiiicaiiiii.i MJlli Mr. Slii'i'iiiaii.
Mr. I'li'.li'r I'liiiiiiialt'il lo iii';:iili'ili' . '
Mr. SIhtm ,111 »llt|;|'^l< a ( oiilni iiii', .Hill »ll»-
)ii ii-iiiii III' Hcaliiii: . , . . I
'l'raii''iinH i;i)l"' I'riiiii .Mr. Sli' iinaii iir;;iiit^ i
.im|ii'ii''iiiii III' all nraliiiir ill lM!/7 anil a j' itit |
Ciiiifi'riiiri'. .Nil ri'|ily n "-in rl'iii{ lliiil^ii
A^riil'i
,\ null' 111 111!' -1 tisi' 111 .No. TJ ri'ccivi'il li'iin \
.Mr. Wliiii'. lii^lriiniiiiis will Im' sriit
I'r'il'i'.iiir riiiiiii|i'.oii'i M'it to till' .^cal Iilamln
will hi' Hi'li oiiii'il, mill I riliTs will at. Mici- lie I
Ixilll'll llir l.irillllr'l lo la );ivi'ii llilll . ,.1
Ul•(c'r.'^ 111 Nil. -J. Si ihU i'rorrssor I lioiii|i-iyii'i)
lti'|iiirl Willi I'linniiriit^ ii|>oii il. Dr. .ionlau'!! '
', lii'iinri iliii'x not warrant. Htali'iiu'iit as to '
, |iri)-| livii early I'Xiiiiilioii orMal:!. r<!ia;,'ii; |
scaling; .;aiiiiot lir proliililli'il thin \(<ar iinlrnH j
riiiii|ii'ii»'iliiiii it ;,'ivi'ii. I'linliiT ilivi'sii:;a- I
tioii iii'Cc<iary lu'loii' ll'i' Ui'.^iil'iliiiii-' ran lit' i
ri'visril .. .. .. . ,
I'li'Himii'H t.irilitirs will 111' I'raiiti'il lor .\lr. ,
iMaroiiii (si'c No. bl j . .
I l'ro^l'~!^or riiiiiiipHon uiil ri'iniin in lln-sLiu '
{ Islaiiils nil tintanl.H cinl iil' .Inly, <'fV<ri a
p.iss,if;i' 111 uiii' 1)1 Hit Maji'ily''. vli'pt lor
h;p
90
W
!»l
I
Dr. .Innlan
Uiiili'il .-itali'^' ( ion'iiiiiii'iit 'iri' ni4 ilisposnl
lo nniicrtaki' pro-crutioii.'i ami satisfv .inilj;-
liii'iil.s in (■a'<r I't' wroiinl'iil -riznrc. Tliry
arc I'lilly salrlii' 1 willi privili'!;i' iil' «nlc liiii;,'
rail's (-I'l' No. 72) ,,
riolt'HHiir TliDinpson will bo weli'ouii'il (h'i'
No. Hi)
llcr .Nl.iji'iilv's Ciovornniint a^ico to s>'nling-'i|)
M arms on tlie applii'.ition of tlie iiia.'<li'r.
('aiiailiaii (iovi'rnini'iit laiiiiot concur in pro-
posed inspection of skill^ liy Diiilcd Hiate.s'
nUiicrs (i(ct> No. 73) ,, ,. ..
Sealiii^'-ii|| of arms and ir.'^p' rtiim of skins.
.•\nipiilics No. >>T Qiiole.-, case ol' '' Kale."
Knatniiialioii would lie ol little use ..
Faeilitiei «ill lie ifivi'ii to Mr. M.ui.uii. Oilers
pa'-saue in .i revenue vessel (sl'c No ^i).
It is not probable that Dr. .lordan will avail
liiniselt' of otTiM- in No. SI
Keply to No. 'I'J. r'urlliiv invr4tii.'atioii is re-
tpiireii lioforo enterinj; upon a Conferenco lor
revision of liegu'alions..
96
97
D7
98
98
m
vltt
TAIIIK or rdNtKNIS.
'.II
N«nn'.
Sii .1. I'.imiii'l'.Hii
l>nl<>.
Mr. Sln'iiiMii
\\< ll>\
III
A|ir. JV. IHU7
4,
OH •
I
'I'll S.i ,1 I'miiiiMl'iili'.
Sii .1. I'.miii'i'loli'
too
llll
lOJ
Mv. I\.«>r
JlX
r,i Ml v.i.iiii
iOI
Mr. V,i;m. ..
uw
C.il.'Muil O:lioi
IGli
T.> Mr 11,1V
.llllll'
■-•7.
IH,
IH,
!>•
■-'!>.
:ii».
.. I
r<ii');ra|>liir
I ;; r,. Ml \il.im .. 1 IVIc'.;v;i|il\i.-
.Inlv
'Jl!,
'.!S.
.0.
Si'dinr
t'x
»<'
I'l'iil'i'toiil t'liiiiii|><iiii'» iniKi'iiii'Mla ; liti lUliiia I
liir Mr. Milriiiin , niri r nl |.ii«<ii|ii> III '
I Ir. .Iiinl III riiiii>iiiil« null' lo Mi Sin i
HI III . . . HI <
Sri' Nil. '11. rrniniiiil" Mi Sliiiitinii'-i ri'|iU . . lO','
fiKlim liriH III Nil H'.' Iiiivi' lii'i'ii ml I 111
III.;
Iliplv 111 Nil H.'. ' 'iiiiiniriil't nil rrnt'i'xnr I
riii<iii,i<i'iii II lli'|inil lli'li i< 111 |iiiii i'i'iliii)[>
III till' AilnliiitMiii III I'liini liiilillrii'iiri' III
jllill'll ( invi'iuiiii'ill In I4|>|ii'il|i Ini |iinni|i|
ilrlinii , llii'ir iiinili' III cm |'\ mil nut .\wiilil. |
tlii)MitlirV u ill I'misriil 111 a I 'niilrii'iiri' ,, llll
IIiiIhIi i;iiii ImiiiI' I"I |iiIii<I i i Itiliiiiii; i^i'.i III
liKlrnrtiiiiii III Nn III) li.itr liii'ii nii i nil nut ,,; III
i
Inilini'linni in Nn. '>S h.ni' lirrn i in i nil mil . . Ill
liitti 111 li'iiM mill III I'liliiliiil UlimU liir
larilitiiiit In 111' ^ni'ii In rrnlrivni I lnini|i'Mi|i
.'inil ^li Miirnini
(^'llllll;; ll|i nl iirilli .'lllil lll«|iri Hull nl ..I.11111
ri'i<n<<iiiil<< Mil" In Ml' .Sill iiiiiiii llllll ln«
ir|il\, III wjiiili Ki'iiiilaliniix Inr |H<r/ urn
lllrliiMil ; illmi I Inrllnr llnli' In Mr .Sllrr-
iiiiiii, imkin); Hlii'llnr |irn|in<'iil Inr ^riiliii^-ii|i
nl III III* ID III ri'|i|iili|i' , . . ,
Si'iiliii' ii|i nl iinni 'rriiiKinil'* Ml. .Slnriiiiin'ii
rniiiili'i |nn|inn:il, llllll llin iiii^Hi'r ri'liniii'il In
liiin. . . .
Si'alin^'-ii|i nl iiiiiix. Urili"!! |irii|iMsil in mil
iiri'i'l'talilr tn I 'iitlril Sl.ili'%' I iiimi iiiiiclil
I'alinl llii'l I III' rii'MiIrn; iiii|ii'« niiinlii'r nl
ItriliKJi vr^irlt vmII III' iinii'.Mi'il 1 iiIht tliiiii
rciliinil
rallnl Itii'l. \ IIiikI M's.rl »ill lir m lit
Mr. Minniiii I IjH r\|iirvs|ii| lliaiikii'l' ( 'iiliii-
iliaii ( Invi I iiiiii'iil Inr riii'ililii'i
ir.'
11?
I in
IIM
I ID
I'JO
I Jit
( lliii'i v.ihnni iii'iiii .Ml ."^lirriii.iii'-* ilr.i|' itrii nl
mill Mm .. ..I Ivil
llnr MiiJihm'^ ( iiiM'niiiii'iil .iti' vMlliiiif In iiuri'.i
I In a iiii'iiiii'^ ol' lliilnili iiinl I'liilril Slalnn'
rxiMTlt In I'lnlravnlir In airivr al rnrrrct
. vniii'liniiiiini ri"-|ii rtilii; tin' mhI ■ In i|ili'iiliii^'
llic I'niivlnir Maiiih .. . |:'iO
I Si'ili|ii;in) nl iinn- ilrlti'ili oUii ir. in^lnii'li'il
ti. M'lil lip anii'i iiinl aiiiiniMiitinii nl' any
{'■rilisli vcsurl wliii'li a|i|iln"i In lliciii .. I'lO
»v
lAI lllllix I
[••'•linn til '
Ml SIhi. I
I
II '■• ti'|iK . . ^ \ivj
I <>il( , I KM
rri>ri'«'<iir I
iiiM I'l'ilin^^
ilti'p'iiri' lit
111 |>iiiin|il
ml Awaiil. I
liri'iii'i' ,, |tl4
Mill .Si'>i I I II
1 1 11 il mil , , ; III
I
innl Milt .. ' III
• l.lllila I'lir
I liimi| II
II nl ^{\i\in
III mill lii«
I iH'i; .111.
Ml. Slin-
r «i'iiliii)(-ii
II?
.1 ll'i
. Sill I lllllll H
ii'liii mil III
I it 14 IHit
lirlll
illllllii'l' III
llli'l lllllll
I'lll
I'l' Ciiiiii-
ll.-.|Mlcll lif
I.. ;ii;rr,i
il Sliili'i'
ill rmrnl
I i|iiriiliii^'
»lnU'|ril
II III' aiiv
I Hi
MM
111)
I -.in
l;Mt
I'.MI
l:;o
i:u»
(!(.n<.i)ioiMl('iit(' Willi iIk! niiil.'tl Slalis' (ioviM rituojil nsiMUitinu'
(III- S(!;il i islit rirs in Hfluinfr S.ii.
No. I.
Sir ./, I'llni rc/ii/r til Ihr I'lml 'if Kiiiiliiiln/. -/ RiT'irril Jiniunrt/ 2H.)
^'.V l'<>r(l. i\'a.ilnii,jlriii, Jiiiiniiry 1'^, IMO'i.
I IIAVi; Mm- lidiioiir (n ir|i()il, llifit, ..n llir Iftlli iillinKt. f.ln' S.'ci-i-lnry of Hf.-i.tf
fTimMiiiillctl 1,0 iiic ill (I copy ol' " Ri'LiuliitiMiii ji|i|)i(»vi!(| liy Uit) HciTtilary ol tlif
'rfclimify lor llic '^ovcnimciitor vi"<mcIh IIkiI iruiv Im ciiMtloycd in fiir-scril lisliiiit' iti t.lic
Md^.ii or isitr.."
Oil fxiiiiiiiiitii,' lliosd |{(!'/iil:iliMii.i I w.'is iiicliiK"! lo Miitik tlutt, Mitfy could linrdly
liiivtM'frcivfd Mic |MTsoii(tl (i.tlcnlion ol' flu-, Sf.Tcl.ny ol' \.\u: 'I'rfa- ufy,' riiid tht'y wcu^
ciTliiiiily iiol. ill a roriii in wliidi I could ic'is-.tiahly lir c\|)C(!tcd t.) tV;mMiiilt, t.licnt to
yoiif Ijoi'd'dii|> for Mm ("iiisidii-il i ,ii ol' |lrr .Majr-ilv 's (lovcrmiiciil.. I. tiicnrorc
iirraii!,'crl willi Mr. (Ircslifmi llml i slioiild discuss (lie iii;illci' personally willi the
Secretary of l.lid 'rrciisiiry, as I did I isl year, v.ilii resp-el, In tlie lie ul,"! idiih lor the
llHlicry we.'i'.on IM!(4.
I JiccordiiiLcly ralieil im Mr. (';iilislc al. the 'rrea'.iiiy, ;nid poiiiled out, to him
lliiil, so t';ir as (ireiil, iSriln'ii wiih coiieeriied, HiiHieieut pnivi>.ioii li.id heori made by
"Tlie Itehiimc Sea Ord.r in Coiincil No. 2" fol' (Ik; IJOtli June, IS'.H) to -.'ive
ilVecl. to ArlielcH li and 7 ol' the Awanl l{ci,'iilaliotis which rel;i.te lo the special
licence, the dist.iiij^'iii'ihiii!.;; Iliit!;, iiiid the (lliwss of tin iiieii to hi; ci:i ployed in i he
(islieiy.
II uiiiild seem th;it " 'I'lie IJidirin;.,' Sc.a Order in Connfril No. 2," altiioii!,'li
rcl'crrim;- in llic third rec,it;il to the arianj,'emeiit'i made I'oi' the " pr •.; nt year" (IM)lj,
is <)r a pcrmaiictit, character, and iimIcsh r(>pealed uill apply to ,a renewal of t.lio sarnt!
iiriMie'ciiicnls for IKO.'i. IJnl, I eaMier i'roin the con'c-.pfindence with the CaiKidian
(iovcriiiiieni tli.'it. some dinilit. tixisis on this point.
III conversation wilJi jMr. Carlisle, I .assmned that Her -M.'ije^^'s (iovernmont
desired no cliime'c of thost; arraii<;ements, whieii had heen in.ade in pnr.-,iiaiic(3 of
Articles l and 7 tif l.he Awnrd l!ei,'iila(i()ns, .and that, the tnily (picstion, therefore, to bii
dealt, with w;is ns to (.he rcnoual of the I'ei^iilatinns atoned on last season for tin; pro-
lection <d' seal iiif^- vessels from iiniiec.(;ssary intcrfereiici! within tin; area of tIk; Award
duriii!,' Ilii; (dose, .sca.son by cnahlin^ them voluntarily to liavt^ their implements of
llslicry sealeil up liy the pro|)('r atttliorities.
The draft transmillcd to me liy Mr. (Iresham (rnclosuri! 1) contained jirovisions
on thai siihjctd, and on other matters wliicli ttould not hi; acccjtted hy Her Majesty's
(iovcrnment.
In the iirst place, the Healiiii,'-up of arms, itc, was in one case made compulsory
insfcad of voltinlary, and other restrictive! provisions were inserted which were not
warranted hy the Award. .Moreover, the provisions as to the sealiu£^-iip of arms
I'lppearcd to mt; too comjilicatcd.
Mr, Carlisle, while concurring' t,'enerally in my oltjectioiis to the draft, stated that
tht; |{ei,'ulati(ms as to the voluntary sealin^-up of arms had worked so well, and for the
henclit of the iishermen during tin; laHt season, that ho conld not doubt the "willinyuess
of Her Jfujesty's <iov(!rnmeut to renew them for 1895.
Ho proceeded to ask mo whether 1 M'ould supply him with a draft of Re;.;ulations
on tlu; subject, such as 1 tIioiit,'ht would be acceptable to Her .Majesty's G(/Vernnieut ;
nearly the whole of his time and attention beini^ at the present juncture absorl)ed by
the currency measures now before Congress, 1 consented to do so, guarding myself,
liowever, agMust committing Her Majesty's Government to any draft which I might so
[638] B
iJ
II
)MV]vir,' :it his iv.\n<'>-<. :• '. \\lui'l\ I » .Mild <M\1\ »>nl'n\i( («< voov >,i>r(l'Oii|t \'ov cmisidovti.
\U\\\ \,\'.M\lin ,1\. ;> (.M> .i:W. l:>t.-\ I Mll'l>lh',l Ml (';\rli't.' \\i(l>tl\i' s\\:\^'{ ol' I!,,,,,
l;<1iiM\^ ^'.M ll>.- \i'luu',;»\\ '.i'-)'l\i«''. m' <'l :mi\'.. ol >il\i,li\ . i>|'\ lonw. lni'li».\ni' ■ ,.|
{}\\< \\i's\\;\ivh. 11(> ('\|'\<-HM-il l\i'- ;i|'|Mo\ ,tl i>l (l\Ml il\;ui . Uil ' i:\li'tl (l):il l»i> wjiw w illm.
ti^ ;\.li'j>( il iw hiMi .v(' ihi' |<v.<\\si.M\'< ilvuKcil ill In*; IV'j'n 1 n\,Mi( . I(m( willi n^lcuMirc (,,
.\vii>>lo ;> 111' \n>v.'»i (li!»( i< \\<nil.l lii> \oV\ iIoxiimM.' I.t Hi.' . .'iwi-iiiimu'c ol' nil pfini, i
(h:U.;isli_\ Vin.'lc (t oMlii' \\\;nil Ui\hhI,()u'IU. the ii"-!' «>l ■•lim .Miim is )n.i|iilMl,.,l m
l^.'hving S<\u th.Mif^h \<iMiul«»iMo nulnult'. sis'diim viv^-^oU «hoiilil !'•' «'i>nii'i'll.>il (kiK |.,ivi|
tllinv -illiM -^;U11'^ ;»1 I ' UmIiIsKm Ix't'iM-i' (MltOHIl«V UiMuilK; Sc.T
il(' hivro'd '111' <i' '•iil'iiiii (li:i( pr.<)'i".;|l to M'lii I ,i>ril«lii]' N oylcni.iv I rri'.'i\n,i
fl\Mn Ml r:\vUslt> :\ A\:\(i ol lio.Mll.ll loii'. ii<\i.^.>il l'\ linil'M>l I . :l i'o|>\ ol' «lliol\ lomii
lrn!o>.\il\» '.\ (o lli;v ,iv<>.n;l(('li
Tho tirsl !lin\> \i(\\'los lur; i'l\ i.>)n>u il\o )m o\ i^^iouvi ol' l'i"l voMi ni lolnlimi l.i
lllO -.I'lV-i.-ll lio.Ml,',-, (1\,> ,iisliu.'U\(' tl;i'>,. nil. I itio lidio.'i .>l ll\o '.r;!! Imiil.'i^^ |o 1',.
AllU'loS I. O, JlUil (> I'llll'O.ix IIIV OXMl lililll ( llU'loMUO 'M ill iclllliou lo llio
\oluiU;ii\ 'i(\'»huv.;-up i-l HUM'-. ."v»\
Artii'lo 7 is ■■> iimMuI )U\'\i«iioii iii:iMm<', 1 indd SImio'.' >.:uIiii', \o«m'I'j lo oIi( nil a
Nj'i'vM:ll lioiniOi' 111 .'.nviiii'so jioiIm.
AUioIc S iiool'iK "i (li;i( tlio Ui>:iil;i(ion'i ;ili|ilv kiiIv (o (lio cii'-on jsilo,
Mr. r.-nl ■.«!(>"> Iv'VlsOii llOfJuljUions do liol il|H>o;ll toliiclv' lio opou lo jlilV olijoi-lion,
;\ilii I ;l\\;in \ v'liv 1 o; ,i'-lii|i''. in-.d uolioii'- .mi liio '.iiliiri'l
I lifivi'. A I'.
^Siiiiinn .HI. I \N lV\|i\("i:i'nll'
I
,,**
('IT
I) ir.n
Inrlo'Jiiii' 1 ill Ni'. I.
?\V,,K/t!/ii )),« <''»)•»■'■«)»«,; l>v\v/v rni/i/iiivCi/ ni t'lr i'm sf.il /'V.vAmij;.
Al\i'UM.r 1, l',\ov\ \i".M'l I'lmdoM'il III liir-'-('.il lidiiiifj ■■liiill Iimvo, in iiildilinii
lo t)i(' p.ijvM's I'.ow nvjiiired li\ l.n*. ;i spcci,*! Iii'imioo lor riii'sciil lUliiinv,
Ari. 'J. HtM'oiv tho isxicuu'o ol ;\ spoi'ijil iicoiu'i', llio iiiM'-lcr ol ;m_v vi;iiliii|i-vi''i'ii'l
]>ro)'vVsintf to «'Hii;ufi' in t'ur-si'.il lishiiiiv nIijiII |iniiln('i' snlisl'iu'liirx oviili'iii'o to HiKnlll
t.i wlioiu ;\|'rlio:i; ,o;i i^ iu;ulo llinl llio IoiiiIi'in oiii|'lovi'd l>\ Ilim .'iro i'oiii|ii'li'n| i
iho \\i\H\'US ;1Ulll01lfi'd liy 1;IM.
Av'.o. V'\iM\ '.(Vilni!:\ ('■'-('! I'loN uli'i! wiili spt'ciiil iioi'iu'o slinll hIkiw iiiulor Iht
n,'>',ioi',,'»l v'oloui's .'\ {\i\y:. iioi ti's-; (Jifin I Irol "-nii.ii'o, ('oiii|iii'-i'il ol' (wii ('i|ii!il |>i('i'i"i,
\ I'llow niiil M;U'k. ioi'.Kvl rn>m llio ii",lit-li:mil ii|ip('r conu'r ol llio llv lo (lio loll IiiiihI
K'Wi'V ("Ovnov ot" Uio IlJlV. (llo |';ill ;llio\ o :iiiil !.■ llio loll lo lu' lihicj,, ;iiiii llio |i.'ii I lo II ir
vitflil rtud Ix'low to lie xoUow.
Art. t-. .l"n\'-:inii^. iiiMs. or ('Vi'lo'-.x I", ^ll.■lll iiol lio irid iil ;iii\ liiuo lor ImMio; or
kiTiinc {m'-s<';il> in ItnU jiorlvMi v'l I'cliiiiii;' "^i-;! ticsciilnil in llio Acl ,'i|i|iro\('d I lie
ii!(v Apiil. ISiM. cnlilloii "An Act lo give oiVcot lo (lio Awnni rcndi'iod liv llii'
Tiilinn.il oi' Ai !iilr;Ui««n ;it r.-iiis. nvuior llio I'rcMty liclwoon Ilio I nil oil .Sfiilos .•iiid ( irc'il
|xrit;iinoouoh;iu\i at \\ .'ishiiiijion the 'J'.'lli l'i'l'ni;ir\ . iSil'J. lor dio iiiii|ium of Niiliinilliii!;
to \rlv;i-;i1ion I'lTlnin nui'slio;!'- v oiuonmii;' tin' prosorvMlion of I'm-M'iils."
Avi. o. Any xo^sol in a lionio or liin'i;;ii j'orl. \> isliiii:.>; lo iii^jiiro in rin-M.'il
lishing. and to sail I'nnn siioli jmrl dniin;;' liio iimntlis nl' M;i_v. .Iniir, or .Inly.ni.'iy
apjxh, if il'. n \-o\' of tho Inili'd Si.uos to ilio I liiof riii>tonis llicor, or if in a I'lircii^ii
]H^r\ to a <.\'nsal:n' oiVu-or. lo l;a\«' '.ho soaliiii; oiiH'il of mu'Ii sosscj soi'iirrd nndor soul,
ar.d iho f.u'i notoii on hor sjn'oi.!! lioonoo lor fnr-scal lisliiui;'. ^^iicli .seal sliali iiul, lie
broken duriuij tho timo fnr-soal lisliiiiir is |ipoliil)iloil.
Art. (i. SrivinO'VCfSflii in thf yorth Piicljic Orenn. rust of ISO' lohijilndv : liair li> srriirr
f^o/f-cciHiihi't .'() H(,,)it' Port or to lUhiiiiy iSfu diuiinj tlw iiitiiillis of Miii/, June.
trn.i Juh.
Any vo«.M'l liavin^ lii'i'iK'o to luml fur-soals in tiio North faclio Ocean and
iHiiiin^ Son. oast of iMi lonu;iuuh'. siiall. lu'i'oro cutcrini; Hohrini:; Hca, cxccp! In
pnv-i'c.i liiitvt to tho port y^i I nalaska Ironi the raoilio <.)ot'an, \ iii passes cast Hard of
\h\X p»>jt, ropt^rt to a Customs i.iricor of the liniU'il states, or an ollicor of liio United
!»tat<'>" iiaxy, and have all arms and animuuition therel'or ou hoard 5i''curo(I uaitor seal.
Tor ot<,\ti(|.>vM.
run nl' Kri'ii
l\0 WON 1\ lllui',
h ri'lri(>ni'i> (,!
: |>\nl\itMli'il III
>lli>il 1i> ilr|iii^.i(
il'iv I ri('('i\i\i
r \»liii'l\ liMin:
III li>l;l(liMI n<
liiiiil i'l (i> 1'.'
li');llii'll li> llii<
iA'> li' IliiluH a
!tr..
IIIIV nliiri'lii'ii,
i<<, ill nililil iiiii
[V s.'lilill|i,-V<''ini>l
> III lliniillli'rr
jU'lrilt In ll-i'
ii\V Mililor liiT
(Minill |il('rr,.
Ilii< li'll liiiiiil
lii< ji.'il I III llii'
lor liiiviiii; or
,M|i|iriiv I'll llii'
ikIi'umI Iiv i1ii>
Idlrs .'iiul < irr.'il
III' Slllllllill ill!'.
ire ill rui-M'.'il
nr .llilv , lilil\
if in .'I i'nrci';ll
■('(I imilci' si'iil,
I sIimII nut Ih<
liiiir Id smirr
of Mm/, Jiiiii'.
lid Occ.'in iiiul
Sea, ('x<'('|»t li>
scs Cll^tWlllll til'
of Uin UnikMl
•od uudei- seal.
:\
Mnoli qriii ^IimII Hill III- l.iu|,<«ii iliiriiiir ||i.. |lt,„> Iho vi-..i.m| jm in ||p|iriii;r Hnt. nr |'nr-.....Ml
li^liinfr iq |iinliil>il.'il In nnlnr ti. |in.lrrl M....H1I-, r, I willm, |l„. ,ii.-'i ..r"||,P Atv/inl
iH-lnrnn (III. MUll. ,\|Mil nnil llin Jul AniM.M. Iinl ulii.li Iimm. iimI, violMli'il |ln> liiw.
'""" i"'!""!"' '"i^'iii. n, ,|..|M,|„,n. (|„- i,,,|.,|,,,.., II,,., r ,„,,v, liv Miiiilviiur (.. (1...
C.inimiMHlrr Ml' iiii\ nni'ior <.r I,, „ < 'n'^lmn.. nlllrnr. (in.l .I.M'l(inii- IIimI. Iir InlVnil 1 lu
I"'"" ' '" " '"""" !""'• '"• '' llnlnimv 1^''!'. Iiiivn liir t;,,„|i,,,, ,„,(|)|, „ ,,,| ,|,„|„,. „,,„|^
"!"• " tli'''-r I'I'n'inir ||,i.. «,mI .ilifill .nlrc Hi,. r„i'l timl ilnlr nl' llin Niiinr ii|ii.ii linr
Ii.uImmiIi. Willi III.' nnnilin nl' ni-iiI-mKIih mihI Imilii-. i.l' ^,p;i|.) Ij,,.,, .„, |„,;i,,|. ,,iiii niiiii
.4(Mll 'iIimII mil. Ili« lirnKnil illllinii Iho Ijnm I'iii'-moiI Ilt4liiii;j; JM |,ii.|iiliil,.<|. .-vci'l'l Ml, II
iininn |tnr(.
All, V. Cf'Kv,./'' HI llh' \inlh I'liri/ir Orfini, wr:-l .1/ |M(I l,:ii,;ilii,lf' luiir In uniiir Sii/r.
luiidinl In Ihiiiir I'nll in In l\iln nuj ,^nl.
\'i":urK. i,, .l^iiMlli'Mi. \wilr|i4 ill' iili II, i Siliiinni cnii'il. \ii';l iil' iMl' |i iii ' |l llili'.
wi'^iiin.ii. 111 nlniii In <\ 'i r |m>iI iliiiintr Mi\, Jiini'. nr .Inlv, iiiiiv iiiiiilv !'• nir,'
llnid'il MImIi"i' (' ;nl:ii nllii't'i. fiiiil liiivn llii ir ui'dlinir nnUll,; '.riiiTil nnili'i' '.;i'mI. nnil
llin I'llnl nnli'M'il nn Ilii n In- I |,., iinrji .;>;i| 'i|,i,|| ,,,,1 lie lii'«i|.rn i'vri'|il nl in r liniii>
|inr|, (inil '-null 'ir,il fiml .nli;, 'iliiijl I <Jiln|i< 1, Milllcinnl |iinli'<'|lnn Miniin;l. 'I'l inr
n llijil Willi in Ilin r I I In' \ wniil ni, I lin, iIim d |i!,';,i,'i!';i' In ';in li linrl .
N'l'jni'ln III .l'i|i:ini":)< wiili'i'') nr nn Ilii' Silii ri'in cninH. Wfil. nf U'.M ' Inni/ilinlc.
HiMJiiinv In ruin llrlii iiiM Mi'M. niiiy n|i|Fl_v In nny I nilril Slnli":' ( 'niiMilfir nirncc ninl
linu. ll,i-ii Itii' nrni'i .■inil nininiinilinn I Ininlni' ncrnnil iiinl'i' <:riil. ,'inil llin I'licl, initnii d
III llii ii Inn, IiiiiiKm. Mill Ii m'.i! mIiiiII mil lir Innlu'ii \vlii|r in Hrlii'iii!!; Hi"i. iiml 'ini'li m-i\\
nnil 1 iilrv ^linll mn .iiliilr innlcrlinn nKiiiiiil ••■fi mr.
\l'l f-'. Any Vl";':i'i i|r 11 iliril in llm lilicrililiir |i:ii;nri;,|i|i immv nliljin, ijii ■(■,(, I lirini'"
Im liM'.'ii'Ml ll-jliinii ii|inn ,i|i|ilii'Ml mn In llir I i nili J Mhili-i ( 'nn.jildr nllici- nl' /mvlMill,
III .l,i|iiin, iil'li'i' ri;riii'iliin!^ I Im <'vifl('iici. |ii|nii<<l in Ailid'' '.',.
All, It. 'I'lm millimily Imii-inlinrnii, mi, mi., I Im I nil, i| ,S|;,|i.m' (Iniimilfir nlllciTM,
('ll'.lnimi nlUci'l'l. iiml nll'nil'i nl llm |lni|iil :si;ili'.' inivy imiV ll'' <'\ri'('i«C(| liy liKr
nUlirm ill llm ';i'i\ii'r nl llM'<lnvrriii il nl (iic'il I'l iliiiii , ex ci'iil in imi'lti nl' llic
I'liiliMl Mliili'i^i.
'I'lmM' lli'iMilnl iniin JIM' inli'lnlrd In n|i|ily niil\ In ilic i;i'!ii:nn nl' IK'^r,.
IlK'InMiirn .5 III Nil, I .
||'ii|[-Si;ai. I'lfiiii.iiy (Skamom IHiiri;.
Sprni:! iirijiilnlinif jnr Ihr I'lnhilinn nl Hriilniij-i iiihiIh fii/iiiiinl imni'rrifi li 1/ hilri li-ntai.r
III Dill III inn llm 1111/ llir ('Insr Sriimin.
I. Ill ni'ijri- In jiml'i'l I'lniii iinimrrHH/iry iiili'i I'i'H'IK'i nr ilntcnlinn willi.'fi III" .iri ii
III' llm ,\wMril iliirini;; llm cImhi" m'lisnii (lliiil is In utiy, lii'lwcnn llic :'.l)t|i Aiiril .■iml
1;! Aii!;iim|,| sn.'ilinijf-vi'Mi.i'lH wliiili liiivr iml, vinlfilnl llm law, ;iii_y ■^l•(llinl^.v<!^^^.<•i IjiHinlly
li'iiviT.siii;^, nr inli'iiiliM In I rn vn's;-, llm ari'.i nl' Ihr /\wMnl 'Inrmi^ IIm- clnw! nnn.i<nii nn
lii'i' \Miy In Ih'i liniin- |inrl nv luiv nllmr |»nrl, nr In nr Irniii llm scaliiiL'-i^rniiiKls, nr inr
iiiiy nihcr liv^iliMi.'ilc |)iir|inHn, iiiiy, nn Ilir :i.|i|i!i<'iil,inii nl' llm iiuisli-r, li,ivc. Iicr -.naliiii^
niiMil s.rnmril iinili'r ^,^■al, .'iiiil an ci try llnrrni' iiiii'U' nn Imr clnanni''!' and l<«»-tin')k, (inii
.sncli si'iiliiii;;-i,|t iiiiil ciilry nliall Im a |irnt,i'nl.iMii In l,lic vi'hui'.I ai?aiiist, ii;U'i 'r'TfrK', nr
lii'lni! 1,111 diiriiii.^ ||,c cJoNr Hca.'^on liy any criiiMfr, mo Inii;.^ an Uh- 'ical.'i no allixcfl j.liall
I'rniaiii Miilirnkrn, (iiilrss IIm'i'i ■ liall In- cvidcnrc nl any viol.'ilinn nl' Mm- l''i<difr,y Art,ic;l'!M
iKilwilli.slatidimj^.
L'. Sucli ■sralin'j-iiii anil int.ry may lir illirl.cd, in |inil, m- a.t, sna, liV any .Njvvfil,
(/'(iii.siiliir, or (IiiHlniiiK nllicrr nl' I Ik- naiioii In wlin-li tli': vns^cl liflniii^s.
il may alsn In- nllcrlcd in (Im ••a,'-'' nl' iSrili'-ii s(riilinL,'-V''ssi'lH at, llic lilaiidni' At ton
iiy any Naval nr Cii'slnms nllicrr ni' llm I'nili'd Slal,':.- in ilm al)'-(Mi';n nl any Jtriti.sJi
Nayal or (!oiisiilar nlliuiT.
II, limy also Im nll'ccird /// ,s'7/ a,s rri^ardM UiiliMli vcs'^ci'^ liy tin: ('.nuinnitidir of u
Uiiilcul , Stairs' cniificr, and as irj^urds Liiilrd Siali.tt' ychtwjls liy tiif Commaiidor of a
Uritish (;ruiHt;r.
L63b] « 2
*.■•
IH^
i
((
t
1
^^
iit^-.
.'^I
W
it' ill' niMst.-r sliall ..) d-'sirc. llic olVu'cr olTootiMU' (lie stv»lii\!»-iip ami (Mitn- ^Imll
ilcli\iM- u' luiii :! v'i'iii.i'alc nl' llu' nmnlicr ol" si>als niid s',<;il-slvins on lio.'ird at (liai, dilr,
kiH']iii>j^ a t'(i|)y of tlu> same.
;>.".\tul \vl\iMHvis. by tl\i< Ctli Ims'ii, ry Articli' of llu> Award, ilio use of nets, Ww.
;'.rins. ami r\|dosvvi's arc lovhiddi-n in (ho I'nr-sivil tl^licry, Imf lliat itwtrifliop doi>s ndi
a])j)iy (o sl\ot.i,'uns wliiM, sntdi lishini^' I iK "^ jilcv iuitsid(> of Hidiriii!^ Scji durii\i; tlu-
si'jison wluMi it may W law I'liUy cnvficd on. any si>alini,'-vossol luivinL: shol-ijunH and
ammunilion on lioanl r,\ay, l)i>t'iir(' t-ntoriii;,' Midirin;; Sivi, on Uic aiiplicatioii of fhr
niast<>r. lino llu> same scoured under seal, and ;in entry th.'.enl' made on her idcaranc,
or lo;;'.l)oe!v : nnd sneli M>al;,i;x-n)> and entry may he etl'eeted in the same manner, iiiiij
shall alVordt he same proteelion ;ur.'>inst intei-l'i>reiiee or d(-((Milion in llehrinLjSea dniini:
the season when the lisliim;' may lawl'nlly he carried on there, as the seeiiriiij; ol' seaiiii;;:
oiitlits u:'iUT the Is! Art iele of these ilcuulations.
■i. The roreu">'i'ii,' l\(>;.v\il:itioiis are inteiided to a'lply only to lii(> si>;isiin ol' )8'.)ri.
luelosure .'? in No. 1.
Ixfijiddlions (jovrniimj Vrsscls cuiploi/ril m /'Vr-scf// /'V.'./u'tii/.
.VUrilMil'; 1. I'.very vessel emidoyed in I'nr-seal tlshinj? shall have, in addition Id
the pajH-rs now n^juiri'd !iy law, a speci.it iiicncc I'or rur-s(>al t'lshinL;,
Art, 11, Helore the issnar.ce of the sp'cial licence reipiired hy tlu> Mh Article of llu-
Aw:ird. the master of any s:ulini;-vesscl piMp.isin;^ to eni:,ii;'e in the fur-seal fishery shall
produce siUisfaet;>ry evidence to lhi> olVicer to whom anplieatioii is iiiade tli;i( the inuilers
lauployed hy hiiu ,uv ci>mpel(>nt to use A\ilh Millicieii! skill tlu? we;ii)oi\s hy nu\ans of
which t!ii> I'ivliini;' may he carried o\\.
Art ;{. r.vcry scalinu-\csscl pro\ i.le.i with sjiecial liccnee shall show under 'mt
uatii^ual cusiu-u a ll.ajv. tu't less than !• led wide, composed of two pieces, yellow- ;m' '. v
Mack, joinctl from i'ne ri^'iit hand uppi-r lorner ot" the tly to the left l\;ind lower '.iv- '^
of the lutV, the pail ainnc and to the left (o he hlacK, ;nul the |)art to the rii;! a,:.
l)»>lv>w to he yidlow.
Art. t. In order 'n> jirou'i't trom uiincessary intericreneesealim^-Vvssels within the
area of the .Vward, duriu;; ihe close se.as.in (^that is to say, hetweeii the ;?(lth April and
the 1st Aul;usI), hut \\hieh have not vitdateil tlu' l;nv, ai\y s(>alint;-vessel lawlulls
triversiui;, or inteiuiinj:; to u.iveise. l\\c area of the Award diirin;^ the elos(> season, on
.:er way to her hon;e i)ort,or loor from tho scalini^-urrounds. or I'or any other le!:;itimati'
purpose, may, on the appli.;ilicu of the master, have her sealing; outlit seciu'cd uiidi-r
se.U, and .mu entry thereof niiulc on her e!cara!!C(> or lo^-hook, and such scalin^-up and
t>utry shall he a protection lo t'.ie vessel ai^aiust inltufcrt-net* or (hMention, durini; the
close season, by atiy cruiser so lon^- as the s(>als so atliscd shall remain unbroken,
unlc-s there sh.ill he evidence .'f Mi\ vitdation id" Ihe Kishcry ArlloU's of the Awavd
notw itiistandiiiLT.
Art. ."i. Sucli ^caliim-iM) or eiitrv iu.mv be elVeeled, in port oral sea, bv aiiv N.tval,
(.'ousular. or Custoics ottieer of tiu nation to which the vcss(d btdon;j;s.
It may also 1 c etreeted in the ease of itritish s(>;»liiii;'-ve.ssels at the Island of .Alton
hy an\ Na\al or (.'u^toms olllcer id" the I'nited Stales in the .abseiu'e of any l<riti^h
Naxal OY t'onsid.ar otiicer.
h may also he (dVecicd at s,':i as ri"s;aiils Ihitish vessels by the t'ommaiuler of a
I'uitctl .States' erui-v-r, and as iv^ards Tuiled States" ve>sels by the Commjimler of a
Uritish cruiser.
If the master shall so desiic. rlic ollleer clVciiini;' tlu> sealin^-up ;tn(l entry shall
i'leli\cr lo him a ccrtitieate of the nmuhcr of seals ami .sc.al-slvins on board at Ihat dale,
kcopiu^; a cojjy of the same.
An,'.!. A;;. I v !u'rt>as, hy the tUh iM'^-herv Aiii(di' of the Awaril. the use of nets,
lire-arms, and explosives is I'vi'I idiica in tiic fnr-se;il llshery, but that restrlclioii does
not ajiplv to sbot-^Muis when sue!: lishinir takes piaci- (uitsideof |{ehrin:;8eadurini;' llu'
si ison whcii it may lawfully he carried on. any sealinu-vi'ssel iKivinn' sliot-i^tms and
.immc.i.ilion on beard \\\:\y. i)ci'ore ciiteiinii' liehriu:;- Sc.i, on the appliealion (d' the
master, have tl;e .same .seemed le.derscai, and an entry lhcrt,'of m;',uc on her (dcarante ^
or
U>i;'-lK>ok ; ;uhl smd\ sealin--ii[» and entry may he <'ilected in tl
le s.imi ,11:0 ler, am
Vi*'
;•§»
shall alVord the .'>aiiie junlei'iion auT.inst intt'rference 01 dcienllou in liehr' , «ailuriii;;
the seaMiM wiicu llie li-lie;y may lawfully be cairietl on t'lcre, as thoseetsringol' sealin;.:
DUllitb under the last preceuiui;- Kcmihition.
it ll'.a* .hti',
r nets, I'li'r-
IP lloi'S Mill
lUiriiii:: tin-
it"U;unH Muil
ilioii ol" the
VV fll'iiniiCr
niinufr. Jiiiil
X Sen iluriiii:
vj; *)l' sciiliiiLT
I 111' lS',)r..
II luUlition In
1 H>;1n'rv sIkiII
it till' Iniudrs
by moans nl'
i\V IlIullM' ^ IT
's. yt'lliivv ,'11' '■
llUVtM' ' >i' '
li(> ri!;l Ma,
t'ls within 111''
til Anril anil
I'sscl lawlullv
ist> st'asiin, n;i
r h>;:;iliniatr
■iircil nndiT
lii\fi;-ni> auil
lUirint; tin'
I nnln'oUi'u,
>l' tilt' Awaiil
ly any Naval,
land of At loll
)i' any IW'ili>li
nm.anili'r of a
inlander of a
(1 ciiti'V shall
at that tlalf,
use 1)1' ncis,
>liic'lion (Iocs
MNidiirinullii'
.hot-ij;nns ami
r;iliii'l i'\ ill''
her cK'araiui'
iiKo u'V, ami
vinluriiiii;
nugol" sotilinu;
1
.\il. 7. Any \i'.v,t'i of ii,r I nilcd Siitrs may ohtuiii sjircial licrncf for fur-seal
lisliiiiL; upon a|)|ili('atioii (k tlic ( 'liicf < Uliccr of tlic (Customs in any jiort of tin' I'liitcd
Stales, or lo tin- (■|iilcil .Whiles' ( uii'-nlar otlicer of any |'oi't in Japan, and euiii|dyin;.:
willi the rei|iiiieini'nts III' ihese lic'^iilal ime..
Art. s, 'I'lic fore^oiiiL: lli'u'iil.'ilii.ii.-. an; intended to apply onlv to the stasun of
No. 'J.
N/r ,/. I'duiicc/iilr In lliv i'.url a/ Kimlxi h ij. — [licrvivvd Frlnitniii li.)
(I.xtraet.) W'lislnnijlon, .hmuitni 21, iS'.iri.
1 II A \ I', llir honour to Iriin-init to your r.nnKliip a eopy ot a note widch I rcci'ivcd
ycsteiday troin tlie Secretary of State in relati'in to the workin;; of the Award Ueunla-
(ions for the I'.ovcrninciil of tlio fin-scal (inliery in part of Btdirinj; Sea and of the North
i'acitic Ocean.
A stroiit,': cH'ort is heiii^ ninde to reopen tlir uliolc (picstion rd' the l''isliery l!e{^ii!a-
tioiiH, (111 the ;,n'iiiiiid that the Awiuii lvci;i!alioiiH ;ir(? shown hy experience to havo
entirely failed in I heir olijcct, wliich was the preservation of the fnr-.-'al species, and
thai, imiesH a speedy ciiiiii;,'e be hrou^dit iihout in tlioso l!e;;ulutions, extenninalion of the
lierd niiist follow.
'I'he I'liitcd Staton' (Jovernniciit hasc that concliiHion on the Hcturiis from Uiiittd
Slates' Cnstoiim olllcials, and from tin; -alcu of fur-seal skins Id London.
in order to avert the dcjilorahle H';>iilt which they predict, they propose the iiiinie-
iliate appidnlnient of an lnteii:'iiiotial (.'ommis<<i(>n, in which Cireat IWitain, tliu United
Stall s. Iviissia, and .lapan should he- ."presented hy experts, eminent tor seientilic know-
ledge and prai'li.al aci|iiaintancc "ith the fur trade.
They further sii^'f;est that, pending; tlie dcliherations of the Commission, the Oovern-
ments al>.)ve named should jii^icc to a inniliis iln ndl, uiidi"' \\hich sealing in i?eliriiiij Sea
should he ahsolii'ely prnliihited, and the pri>enl l''i.-.lii'ry l{e;;u!a!ioiis now in force should
he extended aleui; the line of the .").">lii de:;i(e of north latitude from the American to
the .Asiatic iiore, and he enforced diiiiii;^ the coming season in tlie whole of the Pacific
Ocean and \Mitcrs north of that line.
iuii..snrc I
n N(
Ml . (ircaliutn hi Sir J. Piiunnfiilc.
I'lMi'lleiiev, Drjiii.fntnil (if Sidtr. i]'iisliiuijl'iii, Jiiiiikii ;j "2", \^',)7>.
I Il.\ VI', ihe honour to inl'ovm ymi. for communication to your Oovernment, of the
lie. p ffcliiiii' oj solicitude on tie I'Ul of l\:r I'resideiit ot tin' I'nited States with rc;;ai<i
te. tlie future of llie Aladiiin seal herd, as disclosed hy the oliicial Iteturns of seals kided
■it '\';» dmini,' the prcMUt .-e.' on in the Norlli I'acilic Ocean, tiled m the respective
• n^f'i n-hoiises of the rnitcd States ;ind I'.riti^h C'olumhia, and hy leliahle esliiiMtes of
•, .: i.ippod to London from Ihe Asiatic coast hy v.ay ot the Su' z <"aiial.
■ would appear that there were I.inded in the United Slates and Victoria 1-'?,M.1
si 1.,, Ti I that the toi: 1 p(|a:.'ic ci'ch, as slucva hy the London lr;ide sales and earet'ul
estii'iV . of skins Iran-hipped in .hipaiicse and Kus>ian ports, amounts to ahoat I IJ.UiM),
a nsiilt nnpri'ccdented in the history of p'-daric scalin.'. It would fiirilier ; jip'-.r taat tht
vess' N (ima;;;ed in lU'hrini,' Sea, altlan./h only one-third of the total iiumhcr employed
in liic \oi"iiri'acira'. in four or live week.s killed .'il,.'?') serds — not only over S,0(iO more
ihan were Killc.i in IMiiim;' Sea in l^'.tl (tl.:- last yi ar the sea "as oiien). hut even more
than the total numlier killed diiiinm the four nionins on the American side of the .\oitli
I'acilic this season.
This siiMllin- increase ;n the p h.'.iic slaii:.Mter if hoih ihc Ameiicaii an 1 Asiatic
iiiids has conviinTd the I'resiiiciU. ami. it is respn'tfully siilmuittd, cannot 'al t ■ coinincp
Her Maj. stVs tiovernmcnt. that the Keuulali n--- cnacie.i hy the Paris Tri /mal lia.c ::"t
ooiMate! ti". protect the s.al herd from tl.at de-lnictian which ihey Wi'ic ded-md lu
'u liu' l\e"ulatinns he h;oiiui'l ahoiU,
c!i' ; .-r.id that, miles- a spec
dv
eluiii'.
.'Xtcrminatmn of the held must I'ollo
•.verted.
el: a lieplorahle result should, i! p
6
Tlic cxpcricncfi oi the past year under the Regulations has demonstrated that not
alone are the United States nnd Great Britain deeply interested in the ((reservation of the
seal herd ; Russia and Japan have interests commercially, almost as important. Any new-
system of Regulations of necessity should emhraee the whole North I'acific Ocean from
the Asiatic side to t!ie American side, and should be binding upon the citizens and subjects
alike of oil of these countries.
In order to adil to t)nr scieiitillc knowledge upon thi^; question as to tlie habits of the
seal, its feeding grounds, and the etfect of pelagic scaling upon the herd, and other similar
questions, tlie rresidcnt deems it advisable to suggest to Her Majesty's Government, and
to the Governments of Russia and Japan, that a Commission be appointed, consisting of
one or mo'c nicn from each country eminent for scientific knowledge and practical
acquaintance with the fur trade. This Commission should visit the Asiatic side of the
North Pacific as well as the American, and also the islands which the seals frequent, and
report to their respecti"e Governments as to the oilects of pelagic sealing on the herd,
and the proper moiisures needed to regulate such sealing so as to protect the herd from
destruction, and permit it to increase in such numbers as to permanently furnish an annual
supply of skins.
I am directed by the President to propose, for the consideration of your Government
and the Govcrnniencs of Russia and Japan, the appointment of such a Commission, and I
am further directed to suggest that during its deliberations the respective Governments
agree upon a modus vivrnili as follows : —
Tluit the Regulations now in force he extended along the line of the 35th degree of
north latitude from the American to the Asiatic shore, and be enforced during the
coming season iti the whole of the Pacific Ocean and waters north of that line. Further-
more, that sealing in Behring Sea be absolutely prohibited jjcnding the Report of such
Commission.
'•'^a«ou will shortly commence, and the fleet will leave the
ids, i beg to suggest the necessity of speedy action in
Inasmuch as the sen \
western coa;.t for the seah
regard to this proposition.
I have, &c.
(Signed) W. Q. GiiESJIAM.
I I
No. 3.
'5 ;', '9-
: *, ■ • ■■
Colonial Office to Foreirjn Office. — {Received March 20.)
(Extract.) Downing Street, March 19, 1895.
I AM directed by the Marquess of Ripon to acquaint you that ho has had under
liis ennsiclcration the drafts of an Agroenieiit for the protection of seal fishing-vessels
by providing lor the; soaliug-up of the fishiii;; iinph'ments on board.*
The consideration of this Agre<MMCut was delayed at the request of the Dominion
Government, who lelsgrai)hc:l desiring that no action should bo taken ])ending the
receipt of their observations on the proposed Agreement. These have just been
received.
As Lord Kimherloy is aware, the similar arrangement of last year was essentially
provisional, being iiitotulcd to meet the dilliculty created by tiic fact that the sealing-
vcssels bad almost all siiiled before the legislative instruments for giving elleet to the
Award were eompletc.
Till.' provisions ol' the Award and the h'gislation arc now, however, sulUeicntly
well known, and /jrimd facie, UwcHoiv, there is no urgent need for renewing the
Agreement, which, as his Lordship is aware, has throughout been strongly opposed by
the Canadian (iovcriiment.
If the Agreement had oiierated in practice, as was intended, to prevent unnecessary
inlcrlVn-nce with sealing- vessels, there would have been grounds for its renewal in
some form, but Lord Ri[)()n feels that there is considerable force in the argument
m-ged by the Dumiiiion Government, that the proceedings of the United States*
cruisers in the cases of (he "Pavouritc " ami " AV'anderer " showed that, instead of its
heiiig any .•idv;iiitaiie (o a seal in 14;- vessel to accede to the sealing of its impleuu'nls, the
Agn'eiuciif w.is distinctiy usecl to their detriment, and accidental failure to have all
the aiius sealed was treated as if it iiad been an olfeuce under the Act warranting
seizure.
• See No. I.
that not
ion of the
Any new
cean from
id subjects
bits of the
licr similar
iment, and
nsisting of
:1 practical
idc of the
quent, and
II the herd,
herd from
I an annual
rovcrnmcnt
3sion, and I
overnments
b dep;rec of
during tiie
. Furthcr-
ort of such
II leave the
Xy action in
ESITAM.
19, 1895.
Iiad under
ling-vessels
Dominion
)endiug the
just been
csscutially
ho sealiug-
cH'cct to the
sulUcicntly
ving (bo
opposed l>y
unnoc(,'ssivvy
renewal in
argunieut
ited States'
stciid of its
'uicnls, the
1() have all
vvarrautiug
If the Agreement is to lie ren(>wod, therefore, at all, it will have, in Lord Eipon's
opinicm, to 1)(> made in a form which, while tending to facilitate the Avork of the
cniisors eharccd with llie rnforcomenl ol' Ihe Award, will at the same time oilVrsonie
clear advanlaLjc to masters of sealing-vcsse^ who may he invited to have their
implemcnfs sealed up.
No. 4.
Foreign Office to Colonial Office.
(Extract.) Foreign Office, April 10, 1895.
I LAID before the Earl of Kimherley your letter of the 19th ultimo, relative
to the rencnval of the llegnlafions for the protection of seal fishing-vessels during the
close season by providing for the sealing-up of the lishing im])lemonts on hoard.
Having regard to the views on the subject expressed in your letter, I am to
suggest, for the ^larquess of lli])on's considiu-ation, that Her ^lajcsty's Government
should decline to renew the arrangemert relative to the sealing-up of arms, on
the ground Ihat the jiosscssion of arms is not contrary to the Award Eegulations
and that the Agreement, as proved by the seizure of the " Wanderer " and
" J'avourite," has not in practice worked for the protection of the sealers from
unnecessary interference. Should Lord llipon agree in this course, Lord Kimherley
will at once instruct Her Majesty's Ambassador at Washington to make a communi-
cation accordingly to the United States' Government, and to take tiie opportunity of
calling attention to the fact that American naval olllcers have no authority to seize
British sealing-vessels, except under the Order in Council, for offences against the
British Act of Pai-liament.
It is desirable that an immediate decision should be taken, as, in the event of the
AgnM'nient b(>ing ahandoued, it will ho necessary to inform the Commanders of the
British and United States' vessels eugugcd in the patrol service during the present
season.
No,
0.
Colonial Office to Foreign Office. — {lieceived Mau 8.)
Sir, Downing Street, Mmj 7, 1895.
T A^r directed liy the !^^arquess of Eipon to acquaint yoii, for the information of
the I'nri nl' Kiniberli'V, that he has li;id uiuler bis consideration your h'tter of tho
lOlli April respecting the renewal of the aiTangcnient Avitli the United States, which
was made with tlie object of ])i'otectii)g seal lisbing-vessels from unnecessary intei-
I'erence during the close season by providing for the sealing-up of the lishing iiiiidements
on board.
As this an'ang{>inent, as carried out Inst year, failed to serve \\\v. ])Mrpose for which
it was intended, Lord llipon concurs in J.ord Kimherley 's opinion tliat it should not
be renewed.
I am, &c.
(Signed) JOHN BKAMSTON.
No. 6.
The Earl of Kimherleij to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, Map 9, 1895,
BEilHING SEA. I have to instruct yonr Excellency to inform the United States'
Government that Her Afajesty's (jovernment have decided not to renew the Agreement
as to scaling-np of arms, for the following reasons : —
1. The Agreement lias not in practice, as is proved by the seizures of tho " Favourite"
and "Wanderer," worked for the protection of British sealers from unnecessary inter-
ference.
2. The Paris Award Regulations contain no provisions forbidding the possession
of arms.
I:
8
The United Stntos' Oovoriimoiit should also l)0 iTiiiiiulod that tlioir naval odiccrs
liiivo no anthoiity to soizi- l^ritish vossols oxccpt niidcr tlu" Quoon's Ordor in ('onncil lor
oflbnoi's ai;aiiist the IJrilish Act of I'ailianiont, which cnihodica, in a Schedule, tlic
liecrulations made bv ilie Paris Award.
H «<
m
No. 7.
^V;- J. Pnunrefntr In thf Earl of Kimhvrlnj. — (Hcceivcd May 12.)
(To1('u,'ni)hie.) Wuxhinqtoiu Mui 11, lHUr>.
JJEIIRIM; SEA.
I addressed a iu>tc (o-day to the United States' frovcrninent in the .sense of your
Lordship's telo^jjraiu of (he !)th.
Simullanoously, T received from <he Stale Dopartinont a lonj? note with reference
to the proposal suhndtted to Her Majesty's (iovcriiinent in Mr. (ireshnrn's note of the
•J3rd January, inclosed in my dospatcli to /our Ijordsliip dated the 2 1th of the same
month. The new proposal of the United Slates' (lovernmcnt is to the followinf^
effect : —
1. That pendini* eonsidcratioii of proposal for extondini?, with concurrence of
llnssia and .rajjan. prolective area alonj? ;{5th jjarallel to Asiatic coast, an iinincdiate
ai^rceincnt to close Hehrinpf Sea ahsolutely to pelai^ie sealers should ho (.'oine to.
2. That the four I'owors should ai»reo to a modus vivendl for protection of
seals.
.'J. That the .loint Commission should ho a]>pointed as previously su!»f»csted in
Secretary of State's note of the lilh'd .January.
'1. That the l(>j;islatitm for onforcenuMit of the Aw.ard should he amended —
(a.) l?y ])roliil)iti(m in Heliriui;' Sea of lire-arnis adapted to killini^ of seals.
(/».) My tlirowini;' on master, as Avas done; in Mehriui^ Sea Act of 1891, burden of
proof that liis ship Avas not eniphtyed iu contravention of Act.
(r.) |?y enforced .sealinu:-up of seal-skins and sealiiij; implements on board vessels
travellini;' Aw.-u'd area dnriiii;' close sea.son, uiuler pain ol forlViinre.
((/.) My niakinL;' liahlo to the same penalty ships not conformim.^ to Uei^ulalions of
Awards as ri'L;';u'(ls ln^s.
(c.) My enmpcllini;' Mritisli ollicers to seize .ships found in violation of law.
]l is t'urlhiT asked hy Secretary of Slate that United States' Inspectors may Ix!
st;iti(ineil ai Mritisli (Joliiiulii.'iu ports for piu'po.S(> of verify in n' Mritisli entries and loi^vs
and cxaiiiinini;' skins as to sex, and he oilers reciprocal privilege in United States' port-;
to ller .Majesty's (iovenmuMit.
No. 8.
: ,v
.U^'^
I M '• '
■i.-/
'^*y '
■ik¥
'■ '' 1'
^^*
'■ r-'^^
^t: •
-•f,l' ■
U":
Tlic Earl of Kimhvrh'ij to Sir J. Pninirr/olr.
Sir. Forriiju Offici ..Inn 17, 1805.
I lI.VVI'j received your Excellency's despatch of the 241 Ii .laiiunry, inelosiiii;- a
note from ^\r. liresham of the 2;'>i(l January relative to the operation of the liejiiilations
laiil down hy tlu' Paris Triluinal of Arbitration for the fur-seal tishery, and the view
enteilaiiied by the President of the United States tliat, the IJeiiulations liavinn; failed
in tlu'ir object, further provi-ions are required to jjreserve the herd from exlennination.
In order to avert this result, Vix. (iresliam had been directed to propose : —
That a Cenimission should be appointed by the (iovermnents of Great Britain,
the Ignited States, Uiissia, and Japan, consistini;: of one or more men from each
country eminent for seieiitilic knowledge and practical accjuaintance with the lur
trade. This Commission .should visit the Asiatic side of the North Pacific as vpcll
as the American, ami also the islands which the .seals frequent, and report to their
respective Governments as to the effect of pelagic seaiinij on the herd, and the juoper
measures needed to rcifulute such oealin;; so as to protect the herd from destruction,
and permit it to incrensc in such numbers as to permanently furni.sh an annual supply
of skins.
D
ivul ofUccrs
('ouiumI lor
ihtMliilo, tlie
11, ISi)-,.
use of your
th reference
note of tlic
[)f tlie sumo
lie folluwirif;
icurrcncc of
1 iiiimcdiato
ne to.
)rotection of
sii!»gcste(l in
(UmI—
seals.
1, burden of
ward vessels
ulalions of
aw.
ors m;iy ho.
ios ;iii(l i(),L!,'s
Stales' port ■;
17, IHOfj.
inolosin^' a
Ike^i'ulatiuns
lul llio view
lavinn; failed
rininatiun.
n
reat Ikitain,
from eacl)
vith the lur
icific as well
)ort to their
d the ])roper
destruction,
mnual supply
Tliat durinj? the deliherations of this Commission the respective Governments shoidd
ac;reo upon a modm vivendi as follows : —
" That the Uef,'ii!ations now in force he extended alonj,' the line of the S.'ith degree
of north latitude from the Am.eriean to the Asiatic siiore, and i)e enforced diirin;; the
(•oniin<r season in liie whole (»f the i'acilic Ocean and waters north of that line.
Kurtliernnuv, (iuit sealinj,' in IJeininR Sea i)e ahsolutely prohii)iled jtendinfj the Report
of such Connnission."
Ifer Majesty's (tovernmcnt have f;iven the facts set forth hy Mr. Oresham in
support of theses proposals their most serious consideration, hut after examining; atten-
lively the <ip;ures and information at their disposal, iiiey hnve come to the conclusion
tliat the condition of afi'airs is not of so urj;ent acharacler as the President lias heen led
to helieve.
In the second para^jraph of his note Mr. Gresham states : —
"It would appear that there were landed in the United States and Victoria
121, Hy .skins, ami tiiat the total pelaj^ic catch, as .shown hy the London trade sales
and careful eslinnites of skins transhipped in Japanese and Russian ports, auKumts to
nhout 14'J,(HK), a result unprecedented in the history of peld^ic sealing. It would
further appear that the vessels cngaj^ed in Rchring Sea, although only one-third of
tlie total number employed in the North Pacific, in four or five weeks killed Ttl.-'jPo seals — ■
not only over S,()()0 more than were killed in Behring Sea in 1891 (the hist year the sea
was open), hut even more than the total numher killed during the four months on the
American side of the North Pacific this season."
He goes on to siiy : —
" This startling increase in the pelagic .slaughter of hoth the American and
Asiati(r lierds luis convinced the President, and it is respectfully suhmittcd, cannot fail
to convince Her Majesty's Government, tliat the Regulations enacted hy the Paris
Tribunal have not operated t(» protect the seiil herd from tiiat destruction which they
were designed to prevent ; and that unless a speedy change in the Regulations be brought
about, exterujinalion 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 peliigic catch on the Asiatic or western side of the Pacific are calculated to lead to
erroneous conclusions as to the working of the Regulations, and as to their effect on the
seals frccpienting the i'ribyloff Islands.
There can he no doubt that there han been a large increase in the number of seals
taken off the Japanese coast last year in conipaiison to any previous year. The total
number taken there in 18U3 was only a little over 29,000, while last year it appears from
the Returns to have been not less than 51,000.
IJut no point has heen 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 Pritain, this doctrine was pushed too far. They lield that a certain
anmunt of intermingling might, and indeed did, take place in Pehring Sea. But,
though our knowledge of seal life is still far from complete, it may certainly be held as
tolerably established that the two nniin bodies of seals are distinct, and that increased
pelagic catch on the Japanese coast docs not constitute a serious menace to the seals
lixMpicnting the Pribylolf Islands.
Whether that increased catch can be eontinutd without serious diminution of seal
life on the Asiatic side is a (picstion which has .still to be tested by experience.
For the present the Regulations apply to the eastern side only, and their suctjc«s or
failure must he judged solely by their ellect on the herd which they were intended to
protect. I proceed, therefore, to examine that elTect as sho»vn by the figures in the
possession of Her .Majesty's Government,
From the Table printed at p. 'Ml of the Report of the British Commissior <:•»■», it
appears that in the years ISS9, IbyO, and 18J)l the pelagic citch on the eastern side was
as follows : —
':J:
■ i
1889
1890
1891
[038]
42,870
5 1 ,.')G0
68,000
i'ii<>
I "!;
Mil
4^ '-•
10
These figurcH include the catch of both Britihh and American veseels.
The figures of the Amerifaii catch for hiter years are n;it available, but the Canudiiin
catch on the eastern side iu L891, 1893, 18iiii, and 18U4 are given in the utiicial lleport
as follows : —
lb91
1892
1803
1894
62,995
89,107
28,013
38,044
The American catch for 1894 on the eastern side is given iu the Table inclosed in
another note from Mr. (iresham as 17,558, so that the total catch on tliat side last ^uar
was 66,602. 'J'his, as contrasted with the catch of 1 8'Jl, shows a diminution of about
12,000.
In that year, tliough the modus vivendi was partly in force, the Canadian catch in
Behring Sea was '-'U, I4ti, whereas in 1894 it was only 2(J,4'J5. This shows a diminution
of about 10 per cent, in the catch.
Her Majesty's Government have no Returns of tiie American pelagic catdi 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 lias stated the total in 1891 to have been less than
23,685, when, according to their information, the Canadian catch alone was 29, I4»;.
Turning now to the number of vessels employed in the fishery, these do not appear
to have increased, but, on the contrary, to have decreased.
There are no trustworthy figures available as to the United States' sealing-vessels
previous to those luriusiied for 18U4 by Mr. Gresliam, but there are full oHioial
Returns with regard to tlie Canadian sealing tleet, and the following Table, showing the
numbers and operations of the Heet during the last four years, is interesting in tlii.>,
connection : —
"' ■
Number
Tutul C'litch
Number
of lluntei'ii.
ou
of
Vesbeltf.
Toiiuagc.
both sidi'H
(.f
While. luiliun.
Pacific.
1891
51
3,37H
716
336
50,495
1H92
66
4.466
961
511
46,;i()2
1893
5.5
3,743
847
432
68,231
1894
59
3,866
888
518
90,485
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-
off'in l>S9;i being due to wrecko 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. 186 of the United Slates' Case before the Tribunal of
Arbitration as 115 in 1891, 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 that
there has been a general increase in the average catch per man and per vessel. This is
no doubt due in cons.iderable degree to increased efficiency, to the tact that under the
Uegulations the use of the spear has largely replaced that of fire-arms, and that
consequently fewer of the seals shut or speared are lost. Much is probably the result of
those accidental circumstances of weather and climate which go to make a good fishing
season ; ''Ut 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 iminiaent danger of
extinction of the species.
As regards the efiect of the Kegulations on the number of seals frequenting the
Pribyloif Island:!, it seems premature to attempt to form an opinion
Her Maiosly's Government have noted the fact, wliich is not quoted by Mr. Gresham,
but has been stated on authority, that only l(j,OUO seals were allowed by the United
States' Treasury Agent to be killed on the Pribylotf Lslands during the last season. It
is a feature of the question which deserves attention, but in the absence of information
as to the standard weight of tikios and other uonditions fixed tty that oUicer, it is uut
11
t the Canadiiiii
jtHcial liepoi't
995
,107
,013
,044
ble incluuud iti
I, didu last yn&r
ution of ubuut
udiuu catch in
la a dituiniitiun
lagie catch in
I a comparison
i to understand
been less than
as 2l),l4(i.
J do not appear
Healing-vessels
,re full official
le, showing the
resting iu this
Catch
in
sideti
if
itic.
,495
,;ifi2
•231
,185
vessels and the
le great falling-
ar.
a, employed in
the Tribunal of
only 92, a most
lecreased, while
it is clear that
vessel. This is
that under the
nils, and that
ly the result of
1 a good fishing
lau before, and,
inent danger of
frequenting the
y Mr. Gresham,
by the United
last season. It
I of information
otticer, it is not
possible to estimate tlie significance of this restriction. It Anen not, however, nccesfiRrily
])oint to any groimds of iriimediate apprchenMon, as only i'0,000 seals could be taken in
18!)0, though tlie standard in that year was undoubtedly low.
In any case, as the number of seals taken outside Rehring Sea on the J^me^ican side
was. owinu to the Regulations, much less than usual, and pelagic sealing does not begin
in that sea till the 1st 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 j)elngic 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 jjcriod after which the Regulations might be revised. Only one year
has elapsed, and l)eyond thefact that, though the sealers have scrupulously adhered to the
Keguliitions, they have had a successful seiison, tliere is no substantial ground to support
the contention that the period for revision of the Regulations fixed by the -Arbitrators
ought to be so materially curtailed.
To .set aside their authority u|)on so slight a ground would, in the opinion of Her
Majesty's Government, he a most serious blow to the authority of arbitral decisions,
and to the general princijile of arbitration which both Governments have it at heart to
Her Majesty's Government are, 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 I he species. They have examined carefully the specific
proposals contained in .Mr. Grosham'a 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 morfiis virmdi 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 reiuembered that the sealers have already almost all started, and
are now scattered over tlie 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 stal)ility.
To spring upon them again in liie midst of tiieir operations so stringent a proposal
as that of the United States would be an act of great injustice, anu would involve Her
Majesty's Government in the payment of lieavy conipensalioii.
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 are 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 wilf at once l-e taken to prevent the recurrence of such an event.
JSor can IJer 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 he remembered that the Commissioners appointed by the United States and
Great Britain, wlio visited the islands in 1891 to examine this same question, found them-
setves 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.
I:*uch 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
W
19
iVki
11
i
from May to October or November, and the phases of seal life exhibited are constantly
chan;;in<;.
'I'he <|uoslion to be dealt with is the jtrojyress and tho prowth or decrease of tlie herd,
and the information ro<iiiircd to enable it to be elfeotively <i;rapi)led with can only la;
palhored by coiitininuis observations carried on constantly diirin;^ the {!;reiitnr part
of the period that the islands arc resorted to by the seals, and extending over a series of
years. The new Commission might, no doubt, be able to gather some new facts as
to seal life, but nothing l)ut continuous and comparative study could (pialify it to form n
Judgment as to the elfeets which the pursuit of the seals at sea and the slaughter on land
is protlucing on tho herd, and to suggest any remedial measures with conlidencc and
authority.
Instead of such a Commission, though possibly as a i)rcparatory step to its appoint-
ment. Her .Majesty's CJovernment would propose the apimintnicnt of Agents to reside on
the seal islands and to collect authoritative inforuuition by obiservations, wiiich slionid
extend over such a period as will be sullicient to enal)le a, judgment to be formed of the
effect of the fishing upon the preservation of the herds.
If such Agents appointed by the United States and Great l^ritain were to conduct
investigations jointly during the next four years, both (Jovernments would by that tiuie
have, with the particulars derived from the sealers' logs and other sources, a body of
information which would enable the two nations to approacii the question of revising the
Regulations in a thoroughly scientific manner, and to protect, as far as pcssible, tlic
numerous and varied interests involved in the seal fishery.
Her Majesty's Government do not wish, however, lo be understood as desiring to
postpone all discussion until that date. The Agents would naturally make tlieir
reports at regular and not too distant intervals, and if the facts disclosed in these
Reports, or information obtained from other sources, should at any time show a state
of tilings urgently calling for remedial measures, ller ISIajesty's (i»)verninent would
be willing at once to examine, with the (Jovernment of tiie United States, the method
in wiiich such measures could best be applied. Similarly they will be ready to do what
is in tiieir jiower to obtain early Returns of the results of the fishery during the present
year, in order that they may be examined by the two Go-'crnmcnts at the first practicable
moment.
If these proposals recommend themse'vcs 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 ( 'ommander Islands. There is little independent
information available in regard to the conditions of seal life on these islands, and as
the Russian (>overnnient desire that tlie Regulations made by the Arbitrators for the
eastern side of the Pacific should be extended to tho western side, it seems reasonable
that there should be iiupiiry how far such extension is necessary and applicable.
Tour Excellency is authorized to read this despatch to Mr. Gresham, and, if he
should so desire, to give him a coi)y of if.
T am, &c.
(Signed) KIMBERLEY.
V 1 '"*' i
^ V I
n t
No. 9.
The Earl of Kimberley to Sir ./. Puuncefotf.
Sir, Foreiyn Office, Mai/ 17, 1895.
I HAVE informed you in my despatch of this day's date that, instead of an
Internationa' Commission, as suggested in Mr. Grcsham'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 clFect of
the fishing upon the preservation of the tierds.
As the season is advancing, it would be necessary that the Agents should proceed
to tlie islands without delay if any investigations are to be carried out during the
present year, and I therefore request that your Excellency will call Mr. Gresham's
immediate attention to the propo.sal, and report his reply by telegraph. Should it l)e in
the affirmative, 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.
arc conBtantI)
18C of tlic herd,
til Clin only la;
le creator part
over a sories of
a now 1'nels as
ily it lo torm a
iu<>iitcr on land
fontidonco and
) to its appoint-
iits to reside on
IS, wliicli slionid
} I'ormcil of llic
ere to eonduct
lid hy tlmt time
irces, a body of
of rcvisinj^' the
as possible, the
as dusirinK to
lly nuiko tlieir
•losod in these
10 show a state
icriunent would
tes, the method
ady to do what
infi; the present
lirst practicable
United States,
1 a view to the
;tle independent
islands, and as
itrators for the
ems reasonable
icablc.
lani, and, if he
AIBERLEY.
Jay 17, 1895.
instead of nn
23rd January,
ide on the seal
1 should extend
of the ciFect of
should proceed
nit during the
Mr. Gresham's
Should it be iu
overnment with
MBERLEY.
18
No. 10.
The Earl of Kimhcrlcy to Sir J. Paunccfote.
(Tolcirmphii!.)
IJHIlKINCr SKA.
Vorrirjn Ojfin; Mmj 18, 1895.
pv
r have rceeivod your Excolleney's telegram of the 11th instant, reportinji; the
oposals made hy the United States' (;overninent.
Ill my despatch of yesterday's date, \ have instructed your Excellency lo
inform the United States' Uovernnicnt that Her Majesty's Government cannot without
further evidence assent to the proposals contained ii'i iMr. (Jresliam's note of th.c 2ard
January last, and tliis refusal applies equally to the sii;^'j,a'>tionH contained in parufjraphs
1, 2, and 3 of your telegram.
Her Majesty's (Government have refused to renew the A;j;rcement for sealing arms,
and this covers the suggestions noted as (u) and (c) in paragraph 4 of your telegram.
It would be impossible for the sealers to get rid of arms lawfully used outside the
Award area, where their possession is not forbidden.
The suggestion {!>) for throwing the burden of proof on the master of the vessel
would increase the danger of seizure on iusuliicieiit grounds.
With regard to the suggestion (r/) as to the imnishment for infringing the llegula-
tions as to logs, in many cases forfeiture would be too severe a penalty if the alternative
of a line, inovided by the J<eliriiig Sea Award Act, were withdrawn.
The linlid States' (Jovernment ask (2), that it may he made imperative on
British naval otiicers to seize vessels infringing the law . This i.n already provided by
the Award Act, and the Admiralty instructions to cruisers make the point quite
clear.
The appointment of inspectors for the examination of the skins as to sex is not
acceptable. Sealers are bound to keep a record of ?,ex, and it would only he in the case
of skins taken outside the Award area, v/ith which the United States have no special
concern, that examination would be of use.
No. 11.
<S/V .' Pauncefoli' to the Earl uf Kimbeilci/, — {Received Mmj 24.)
My Lord, IVn.shintjton, JSIdij 1 !•, 1S05.
ON receipt of your Lordship's telegram of the 9th instant, instructing mo
to inl'urni the United States' Government that Her Majesty's Government would not
renew the sealing-up of arms agreement, and to remind them that their naval ollicers
have no authority to seize British sealinj;-ve&sels 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. Grcsham carrying out your Lordship's instructions.
A copy of this note I now have the honour to forward to your Lordship herewith.
(Signed) ' JULIAN PAUNCEEOTE.
Inclosure in No. 11.
Sir ./. Pauncefote to Mr. Greshom.
Sir, Washington, it'o// 11, 1895.
IN an informal note dated the 15th December, 1894, you were .' m 4 enough to
transmit to me, for my information, a copy of " Regulations approved b_v . .i«- Secretary of
the Treasury for the government ol vessels that may be employed in I'ur-sealing in the
season 1895." As it was desirable that Regulations on that subject by our respective
Ciovernments should be substantially in accord, it was £;rran;;ed that I should discuss the
matter ])ersoiially with the Secretary of the Treasury, as I had previously done with respect
to the Regulations for tlie season of 1894. 'J'he result of my discussion with Mr. Secretary
Carlisle was that on the 17lb January last I received from him a moditied draft of
Regulations which he proposed to recommend 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 have most
k-
'■MM
■■;/*■■ w 7
; r
14
r.trol'nily coiioiilcrofl it with rHciciicc morr pfir inilnrly to tlio prnposcrl n-nrwiil arirl
cxt'Misioi) ol llic iin'anu<'iiii'iit ol lii^t yt'ur loi- the voliintiity H(<iiliii^-ii|) of nriiiN, Kc.,
iiiidi'r ArlicU's \, Ti, iitid (>.
As ir^fnrdu Articlcw 1, '2, ami '.\, which rcliitc to tlic Npcriiil licfiicc. tlio (li^linuniNhiii^
ihiif, iiiiii lh(! littu'SM of the iiicii to lu> iiiiplnyi'd ill tlic tinhcry, Hiilficicnl pnivisjoii luis
alirady hccii made on tlir Hich- of (iicnt lliilaiii (in piir'^niiiico ot AriicliN I iiiid 7 of fhn
Award Hcuiilatiuim) hy "'I'hc Hchriiit; Sid Order in ( oiiiieil, IsO'i," of wiiich I had the
iioiiotir to coiiiiiuinicntc a copy to you in my note ol the <itii March last. Am rci^ardN thn
renewal and extcDHion, under ArticicR 4, ■'>, and (( of the draft Mei;ulatioiiit, of the
pi'ovisioiiH of liiNt yrar lor tlie voluntary Ncaiiiii;-iip ol arms, !kc., I iiave now received
the ohservnlioiiH ol' my (lovermnenl thereon, and I am instriicled to inlonii yon that, in
tiii'ir o|)iiiion, tin- arranmineiit in (picntion hiis nn! in practice hecn worked lor the
protfction ot British sealers from intfrl'erence, as I ler MiijeHty's (iovcrnmcnt had hoped
woulil have heen the case.
ThiH is proved hy the seizure of the Hritish sealiiiK-vcssels "Wnnilerer" and
" Favourite." The possession ol arms, ^e., hy a sealini;-ves»el within tlu^ area ol the
Award during the close season is not, as yon are aware, lorhidden hy the Award llennln-
tions, and Col the ahove reasons ller Majesty's (iovcrnmcnt are not prepared to renew
the arraiif^ement . No necessity therefore arises for any fiirther concurrenl Ht'<?ulalion«
such as were proposed hy Mr. Secretary (larlislc.
It appears from the eases of the " Wanderer" and the " Kavonrite." the partienlars
of which were laid hefore ('oiii;ress (sec K\, Doo. No. Ii7. pp. lU I and IHCi), that the
United States' naval oiKeers who elfeeted the sci/.nres were under the erroneous impren-
BJon that they were empowered to apjilv the legislation of the United States to tliose
vesscU. 'I'luiH, in tlic ease of tiie " Wanderer," Commander (Jooflrich writes: "My
action is hased on Section 10 of the Act of ('on^ress of the (ith April," and in the case of
the " Kavonrite," Commander Clark attemptH to justify tlnr seizure under the same
Section ol the Act of Congress.
It is hardly necessary to |)oint out that United States' naval ollieers have no
authority to seize British sealin}:;-vcssels exeejit ntider the British Order in (.'ouncil of
lW'.)-» (No. 1) for olfenccs against the British Act of Barlia nt ("'I'he Behrini; Sea
Award Act, lS!)-4 "), whioli emhodics the Paris Award ilei;ulations.
It is hoped that instructions in the ahove sense will he issned to the United Slates'
naval olticers employed in the duty of enlorcinii; those Ke:;ulationH,
1 liav(;, &,c.
(Signed) JULIAN I'AUNCHFOTK.
No. 12.
Sir J. Piiiinrrf'ntp to the Kiirl nf Kimhprlnj. — {lircrivrd Mm/ 2!>)
(Tclcsraphie.) Washinglnn, May 2H, 18!r..
1 II. WE carried ont the instructions rnntained in your Lordship's despatch
of flic ITtli instant on the suhject (d' the pri)|>nsals made hy Her Majesty's
Governnient for the lietter protection of the seal herds, hut the reply to my note will
no doubt bo delayed bv the death of the Secretary of State.
No. L3.
Sir ./. Pmnirpfote to the Earl of Kimhrrlpu. — {Rpcpivpd May 30.)
My I^rd, Washington, May 21, 181)5.
IN my despatch of the 14th inntant, I had the honour to transmit to your
Lordship a cojn' of the note on the siihiect of the Behrinjj Sea Fishery Regulations,
which I addressed to the United States' (iovcrnmcnt, announcin<i: the decision of Her
Majesty's (ioveriimont not to renew the arrnnfjenient respecting the voluntary sealing-
up of arms and implements of fishery, wliieli was adopted for the fur-seal fishery season,
1894.
That decision has jjiven p^reat dissatisfaction to the United States' Government,
and it is made the occasion of more or less violent invectives in the press aji;ainst (ireat
Britain ; some journals, in their ij^iiorance of tin? true facts of the case, going so far as
to assert that Her Majesty's (iovcrnmcnt now refuse to put in force any longer the Paris
Award Kegulations,
rnipwal and
f iiniiN, Ac,
liitin^iiisliiiii;
|ir(>visi(iti liiis
anil 7 of flir
Icli I liad the
H icnardH tlio
lioiin, of III)'
now rcci'ivcd
yon that, in
liked lor till!
it liad hoped
iidcrcr" and
['. area of the
ward llcunla-
iicd to renew
1 |{('<{uhitionH
lie partieiilars
I'^ti). that the
luoiiM iiiipren-
ati's to those
writes; " My
in the case ot
ler the same
:'ers liave no
in ('(Hindi of
; Hehrini; Sea
United Stales'
^CKFOTK.
)
7/ 2S. 1^5.
p's despatrli
er Majesty's
niv note will
)
y 21, 18!>5.
smit to your
Ilc<;ulations,
cisioii of Her
ntary sealing-
ishery season,
Government,
gainst (ireat
oinji; so tar as
nffer the Paris
16
I have the honour to inelose ropy of a note, dated the l«th instant, which I
have received on the suhjeet troui thu Actin- Secretary of State, and of my reply
thor«'*'». "' "^ ^
•. Uhl. in that note, expresses the ileep regret felt hy the I'resid.nt at the decision
a . Maje^ty'u Covernnient, and at it-, liavin^' huen communicated at so late a iieriod.
He conlendrt, h.r certain rea-ons, which l,,. (i..vei.,ps at eonsiderahle length, that his
Oovernineiit were entitled to assume that Her Majesty's (Government had assented to
tli« renewal of the arrany;em( nt.
He stales, neverllielos, that ids (Jovernment accept the decision, hut they request
that Ikitisli naval ollii^crs may he instructed to continue the sealiii(,'-up of arms in the
case of American ^eaiill--ves^elH, if ihey sliould lie le.iiie-ted to do so, in order to carry
out the i'lesident's I'roclati.atioii on the Hiiliject. lie adds that iiihtruetioui have heen
Hcnt to the naval otli.'ers of the United StateV patrollin;? Meet, which (dearly define the
powers iiitriisted to them. It may \>v hoped, therefore, that the re>iilt of the present
diH(.'UHsion will he to ohviate a reeiirrence of any excess of authority on the part of
United States' cruisers during,' this year's fur-seal fishery Mason.
[ have, (tc
(Si-ncd) .ILLIAN I'AUNCEFOTi:.
Inclosure I in No. I!}.
Mr. L'hl to Sir J. I'auncejote.
Exc(dl<'iicv,
I HAVK the
communicating tin
Washinijlon, May 18, 1805.
honour to acknowlediie the receipt of your note of the iltli instant,
declination of \oiir (lovernnient toaj^ree upon concurrent Regulations
for carryiiiff out the provisions of the i'aris Award uurinjj^ the present season. The reason
asaifjned therefor is, that the provisions of the Award relating to the special licence and
distiiij.'uisliiiij( lla^ are a heady provided tor in the British Order in Council of the
2iid Kehruary last, and that concurrent Uegulations similar to those ajjreed upon for
last season hy the respective (iovernmenls as to outfit and arms of sealing-vessels are
not considered necessary for the present season, inasmuch as, within the Award area and
diiriii{j the close season, the possession by vessels of said outfit and arms is nowhere
forhi(l(lcn hy tiie terms of the Award. As rej^ards the Rej: ihitions for last season you are
instructed to inform me that, in the opinion of Her Majesty's Government, " the arranfje-
nient in question has not, in practice, been worked for the protection of British scalers
from interference, as Her Majesty's Government had hoped would have been tlu case;"
and 111 this connection siiecilie reference is made to the seizure hy United States' officers
of the liritish vessels '• Wanderer " and •' iMivoiirite." You furtlier call my attention to
the staleii eiil, drawn from the correspondence laid before Congress (Senate E.\. Doc.
No. 07, pp. -511 to ;>S(i), that the United Sates' naval officers who effected the seizures
were under the I'rroiieous impression that they were empowered to apjily the legislation
of the United Stale* of the tlth April, 181)4, to those vessels, whereas those officers have
no authority to seize hritisli sealing-vesHils except under the British Order in '^'onncil of
IS'.M (No. 1) for ofleiici's a;;ainst the British Act of I'arliament of 1>S'.J4, wiiich embodies
the I'aris Award Uegulatioiis ; and you therefore request that United States' officers
engaged in patrolling tiie Award area during the jiresent sea.son be instructed accordingly.
Your present note is the first inliinalion received from Her Majesty's Government that
thejointly-drafted concurrent Itegulatioiis for the season of 18'Ji> had not been accepted
by your (Jovcrnim nt. '1 he original draft of those Regulations was transmitted by the
Secretary of Slate to you on the lijth December, 181>4, for the approval of your Govern-
ment. Sul)se(|ueiitly. an understanding having been reached wliereliy you were to confer
directly with tlie Treasury authorities on the subject, a number ot m^erv'ews were held
by you with Secretary Carlisle and Assistant-Secretary Hamlin on the matter. In the
course tlioreof, as I am informed, you sulttnitted a counler-draft of proposed concurrent
Regulations, conlainiiig certain suggested improvements over the draft submitted by
Air. Carlisle, and after iiielimiiuiry negotiations, covering a considerable period, a final
draft was agreed upon satisfactory to you and to him — the understanding being, that
one copy thereof should be sulimitted to the President for his approval and promulgation ;
while you, for your part, should forward a copy tor the approval of Her Majesty's
Government, and for inclusion in an Order in Council shortly to be passed, you having
stated that it would be necessary to embrace tlie Regulations in a new Order in Council,
for the reason that the last Order bearing on the subject was limited in its operation to
the seahug season of l!:;^4.
16
ill
' ^ 1 »
t! / Ii
l^^f^'
'rii<> I'lcsidont ai)i)rovc(l and signed tliosc llcgulatioiis on the 18tli Jivnunry hist,
nnilors(!indinj>' tluit tlioy liiul received vonr iipprovnl, nnd would be forwarded hy }(iu to
vour (Jovernnieiit, iis above stated. "While it was not understood that you had antliority
to bind your (Joverninent, or bad undertaken detinitively to do so without a formiil tnius-
mission of the ])roi)i)sed IJejjuiations, yet the Seeretary of tiie Treasury liad every veiisnn
to behove that tlie draft af;reed ujjon by him and you would oo ja-oniptly ac('epte<l by I be
Hritish Government, or its declination as ])rompt!y commnnieated. In jioint of fact, this
Government has had excellent reasons to suppose tliut the draft Uei;ulations had been
actually accepted as an arraufjement made between tiie two Governments, its authority
for this supposition heinj^ the formal terms of the Ikitisli Order in Council, mentioned in
your note ("Bebr! ..a; tica Order in Council, 18'.)r> "), which bears date the 2nd Februfuy
last. On that date a copy of those ])roposed Regulations must have been in tlie
po>sessiv)n of ller Majesty's Government, it having been given to you on the
I7th dannary for transmission, 'i'he jneamble of this Order reoites that, "Whereas
arrangiuients have iieen made between i'er Majesty's Government and the (lovernment
of the \'nited ^^tates for giving elVect to the Articles !• and 7 of tlie scheduled jnovisions.
ami it is expedient timt eil'cct should he given to those arrangements by an Order m
Council . . . ."
The word *' .irrangements,'' as tlins used, -an only refer \'o the proposed Hegulalioiis
for the season of IS!)."), which had iieen framed by yourself ai.d Secretary Carlisle, for no
other agreement or regulations than that contained in such Regulations has ii-^en entered
into this year beiween the respective tJovernments as (o any of the ))rovisions of the
Award, and the arrangements f(n' last season were obsolete and non-existent, having been
in terms limited to tl'c sealing season of ISUt. It nniy be suggested that the word
"arrangements" in the Order in Council of the 2nd l'el)ruary last cannot refer to the
draft of llegulations approved '.he ISth January last Ity the President, lor the reason
that n> specific mention is made in said Order as to the provisions of said drai't Uegula-
tions for .securing under .■•e.-il the outlit and ar.ns of sealing-vr.sscls. The special licence
and distinguishing flag, however, were the only matters covered by the said draft of
Regulations whicli depended, as regards Ih'itish vessels, for their validity upon, and
received their bindiufy fence from, ^- 'd Order in Ccancil. Tt will be noted in this con-
nection that the Order in Council of . i^ 27th .Func, 1801., likewise contains no referenvc
to the duty ot securing the outfit and arms un.Ier seal, although the mutuaf agreement
i")on which said Order and the l{i^gulati(>iis of 18!)4 were based C(mtained a similar
provision imposing njton sealers said duty. Tiuvt this word " arrangements " can only
refer to the agreement or understanding between Secretary Carlisle and yourself, upon
which said Kegulaiions were based, is nnide clear by the use of the same words in identical
context in the prevunis Orders in (oui'cil of the 30fh Ajjril and the 27th June, IH'.II.,
respectively. In the first of these it t>a.s recited that, " Unfil arrangements for giving
fu'thcr effect to Articles |. and 7 of t'.ie said scheduled jirovisions shall have been made
between Her Majesty's Governmen': and the Government of the United States, the
following provi-iori-s slniil have effect . . ."
Subsequcatly to this Cr ler, to wit, on the •Mil .May, 1891, the President of the
United States signed and .ipproved liegulations ft)r the season ,n" 1804, based upon an
Agreement made by yourself and !Mr. Gresham for the respective Governments Articles 7
and 8 of which provided for a special licence and distinguishing flag.
The Order in Council following, on the 27th June, ISOi, contains diis significant
language; —
" And whereas nrrangements have been made for ^'iving further efT'^ct to the .said
Articles, and for regulating during the present year the fishing for fur-seals in accordance
with the said scheduled provisions . . ."
It is thus seen that the first Order in Council of the 30fh April, 181)4, recites (he
pendency of arrangements, while the .second Order of the 27tli June, IS'll, recites such
arrangements (of the 1th May, 181) t) as having been actually made; and tlierelore the
word "arraiigoiuents," as severally used in these Orders, could oidy mean the preliminary
Agreement iii)on which was based the IJegidations of IS'Jd, which Agreenienl, as above
jtatcii, was exi)rcsxly limited by its terms to the .scaling season of 18',)l, and was non-
cxi.stent when the i)reseiit Order was issued.
By every sound principle of interpretation and precedent, therefore, this (Jovernntent
was entitled to regard the reference to "arrangements" in tlie Order in Council of the
2nd Febrimiy last as relating only to the Agreement readied in the draft IJegulations
furnished to you the l/i January Inst, and transmitted to your Goverviinent — which
Regulations were approved by the President as above stated — and to hold that Her
Majesty's Government, by necessary implication, had ratitleU and rocognized as subsisting
.Timnary last,
L'd by jdii til
lad iiutliorily
formnl tnins-
ovcrv von son
■opli'il l»y I lie
t of i'licl, llii;4
OIIS llilll l)('(>ll
, its niillmrity
inontioiiod in
Jiul Fel)nian-
been ill the
you oil till'
t, " WliiMoas
• (jovonimeut
led provisiitiiM,
y an Onlor in
d Honulatidiis
'nrlislo, lor no
s li','on I'lilcit (I
ivisioiis of I lie
it, haviiiij; hvvu
that tlie word
ot refer to tlie
lor the reason
1 dral't IJejiiiIa-
speeial lieeiice
• said draft of
lily upon, and
ed in tliis eon-
is m; rofereiive
;ual njj;reenient
ained a similar
ents " ean only
yourself, upon
ds in identieal
1 June, JSDi,
Ills for giving
avc been made
cd States, the
sident of the
»ased upon an
lonts Ardeles 7
hi.'- Bignilieant
P'ct to the said
s in necordanee
".)4, recites the
1 1, roeites sueh
tlierolore the
the preliminary
nienl, as above
I, and was nou-
ns (Jovernuicnt
Ciuineil of the
ift lU-f^uiatioiis
r'.iincnt — wliieii
liohl that Her
ed .as subsisting
17
the tnoposcd T^efjiilatioiis s.;bnitted as above, by the passage of the Order in Council of
the L'nd I'Vbruary last. V,'<' are, liowovir, cniistiaincd to accept your note of the Itth
instant as a formal nolifl'-^nion of the non-cunrurrencc in tiie same- by ller Majesty's
Oovernnient.
II is my duty fo express the deep regret of the President that the HritiT-h Govern-
ment siioiild have commiinieated its declination at this late period of the season, after
our Consuls have lieen •.istriicted and the pji trolling fleet of the lli.ited State- has sailed
under oi<l(!rs bnsed ou the legitimate assuj'-.ption that the itrivilege of sealing-up alforded
by siiid l{egiiIatioi'/i was to be accorded during the pr<!sent season ns during last season
to Ihitisli ns we'r as Americnn vessels.
It. is fuitler to be rcgr"tted thiit whnt appears to be the chief rijasou assigned for
this declination -namely, the seizure of the steamers " Wanderer" and " Tavc urite ' —
Hhonid not have prompted a timely refusal to enter upon negotiations for Regulations,
thus saving much I rouble and uncertainty, uliich now ajjpenr to be unaviiiihiblc. The
Brilisli (h'ct engaged in scaling last season numbered sixty vessels; of tliesc, the
"Wanderer" and " li'avoiirile " were the only ones seized by United States' olHciers,
and these seizures were madi; beeaiiso of a direct infraction of the Itegiilations of
1H!)4, agreed upon as above stated by botli Governments. Tin' "Wiin;lrrer" was
seized on the !Mh .lime, |M!)4, jmd the " I'avourite '' on the Ttii Augii-t, is'.M. The
master of the " Wanderer,'' heforo the seizure, stated to the Iioardini;- oHicer that all
his arms were senled up, which, upon examination, was found noc to Ix' true. No
obji ction has ever been made by ller .Majesty's (Jovcrm ent because of tlie-e seizures
until the picHent time.
'I'ho case of the " Wnnderer " was made the occasion of the Dejjarlment's note to
Mr. Goscheii of the lIHli JS'ovember, lS!(t, eoiumunii'ating the luH report of fh<! naval
ollicer in command. That seizure, like that of the " Favourite " aNo. was made because
of a direct infraction of the liegiilatious of |H!)t, tigreed upon as above stati'd by both
(lovernments; and that being the case, it is, I submit, (|uite immaterial whctiier the
United States' naval otlicer ell'ecting the seizure was under an erroneous impression that
the United States' Ac of the (ilh .April, 189f, was concurrently applicable lo the
ease.
"^'o corresiiondcnci' whatever between the two (lovcrninents ai);)c.irs on record with
re.^iird lo the seizure of the " h'avonrite," but the dale iip(<u wbi(;h it was eiiccted —
the 27tb August, IK'.)-!- -jnstilies the supposition that the facts in rcii'ard thereto, as were
certainly the liicts in reimrd to the seizure of the " Wamlerer." were in jiosscs-ioii of Ifer
Majesty's (loveinnK-nt during all th<' prelimirary nei;oliaiions between yoiiisflf and
Seitretary Carlislf from the l.'")th December, 1 :>!)!■, to the ITlb Jannary last ; mid this
(iovernineiit is at tills late dale ibr the lir-l time informed that tiio-e seizuies are made
the ground for the refusal by ller M;ijesty's Government toadojit concurreni li'egnlations
ibr IS!).
In Ml w of your present (•onniiuiiicati.iii on the IJth May, it is proim.ed that no
l$rili-vh scaliiig-u-sel now at sea has applied, or «ill hereaiter apply, lor the jirivilege of
bavin;; its unllit ami ;iniis sealed up. The oljicers of the United States' patrolling fleet
will, liouevcr, be insirinicd that the f.iiliiie of a liriti^h vessel li- have lier oiitlil and
arm-- secured nnilci' seal is not :\ vioialimi of the Paris Award or of the ISiitisli Act of
Parliament ; liny will also be instructed to refuse to gr::nt tlii^ privilege in the fiituro to
Prilish vessels. Similar in-ti uctioiis uill at once be given to our Consuls in .Inpanese
and Ibilish tNiliimbiaii ports.
>Jot\\i(bstan(ling this, 1 iiave the lioiioiir to reipiest, through yoii, that ller Majesty's
(iovernmeiil shall iiotd'y its ollicers engaged in jiatrolliug the .\ward area to seal up the
outiit and aiin.'i of .\iiieric.iii vessels a;iplyiug for this privilege, in icconlance with
sections I, fi.ai.. I l)(d'tlio Regulations promulgated by the President on the isth January
last.
With I'uriiHr reference to the precise complaint v.; idi your jircseiit note of the
llili M,iv iippi-ars to conve\ •.•e.ieerning the seizures of the 'AVanderer" and "Favourite"
a'ld vour n'liues! based tlier(M)n, 1 beg to turtber inforn. ^im that the instruci'ons already
■nven to Uiuted States" olficers as to p.itrolling the .\wcird area during the present season
will not admit of any other doubt as to the proper scope and limitation of tl;e Act of
Congress approved on the (ith April, HCl.
I have, &c.
^Signed) EDWIX V. UIIT,
Ariinij Stcrelary.
h
f'
\m^\
IH
Iiu'loHiiro 2 ill No. I. 'I.
Sir ./. l\ntnrp1'otf In Mr. VM.
31 >.
Sir, U'lmliinijloii, Mini liO. |M!».-,.
I II.WI', tin- lionoiir 111 acKiiowloduc (lio i«>ooi|il ol\v<>m note of (lit isili insttnil in
iO|il\ (<> iiiiiu' «>l (lie Mill, in wliicli I innioiiiiciMl (lio ilcoi'jioii dl" niv (invoniiiuMit nut Id
roiu'w Wn (lu« scnstni is;);) tin* oxitcrinu iiliil inr(iiif;oiiu'nl I'oi I hi' vdlimtiiry Mcnliiijr-iip ol
.'inns iiiitl in)|)loni<'nlH ol' HhIu'I'v wliit'li whn tiilii|)l«<<l liisl sciihoii willi a view to tin' hollt'i
ItKiloclidii «)l soi»lin;j-vcNst'ls iif^iiiiiHt MunoocHHiiry intt'iroinifi' uitliin 1ln' iir«'n ot" llir
Mt'tirin;:: Scm .\«aiil tliiiiny tlio cJus)' scftsoii. Y<ni inroiincil iin< lliiil. in'iidini: (In- iiply til'
iiiv t ifU'iiiiiK'nl 111 I'liMl |M-it|it)stil, ilH jii'i't>;iliiiii'i' liiiil lici'ii iiili'ircii Ity voiir lit)>t'iniiit'ni
iVoin iIk' tli'liiy in llio H'|il\ lis H«'ll iis fVtmi tiic liiii-^niiirc <>) "Tin' Miili.li llflniiiM Si'ii
()r(li'r III ('iMini'il, 1Si)."i." Yon l>nst' llml iiitt'ii'in'o t>n lln- rcfiliil in (Im! nnlt'i- in
<"(niiicil wliicli slates tliat " ft'itain iinanin'iin'iits lunl lift'ii ininli' lnlwct'ii our ifspt't'tivc
<«oM'niint'iits," ami \oii coai'lHilt' that tlu' wonl " anaiim'iin'iit- " nin-^l he liolil to inclinl.'
till' aiiri'i'MU'iit or niiih'istanilinu In'twci'ii Si'iTfliirv ( ".'ii lislo ami iiiV'-fll' rosiicftin;; tlir
n'm'\<al i>t'tiit' si-iihiiu-iip ol arms airanufiiifiil.
Ill ihi' tirst jiiai't'. I lu'^' loaxo to iciniini _>oii tint as ('Niiliimcil in my nnio nl' ilir
lith. ihi'ii' was no " ayroi'iin'iit ni innliistamliii:; " hctuini Si>cn'lar_\ Carli'-lc ami
•nysfll r\.i'|il llial ! sluniM it'lfi liis ilrall "'I' |iro|iosi'il Iicunlatiun:^ lor \S\);,
ynf wliii'h a <'o|iy mms nn'lii--oil in niv iioliM tn my ( ioM'i nincnl i'.ir tlirii a|i|ii'o\al ami
I'oiu'iirrcm'c.
In tl:i' m'\t jilai'o, it, appoars to iia\<' onlircly cscapt'il tlio ohscrvalion ol' vom
(iov.'rnim Ml that ilif " ariaiiyt'ini'iits " inciiliom <l in tlif ( )r(ltr in I 'ouncil ol' |h;>."i, ns
well as in Jill till' pu'vioiis llritisli t (iilors in ('oiniril as haviiiy,' hcfii iiiailo lictwi't n the
t»o ( Jm I'liiim'nt'-. all' cvpit'sslv slitfd (o In' ariaii;;i'im'iit- lor LiiMH'.', ctlrci to Arlicli's t
ami 7 ol l'.<' lu'milaiioii- pifiiihi'ii liy tin- r>i'liiiiii: S.m Nwanl. whii'li n'lalc t" iIm' loriii
t)l' l'rriif<'. (Iu> (lis(iiicli\ (• tia;;, am! lIu' (iim'>s t ih>' mumi ciiipliiyi'il. No iiircri'ii''!',
tlicictoii'. I'niilii piissililx aii--i< lioiii tlir iai!i;iia;M' ol' the < )i(li'i' in ( 'oiiihiI, thai the
arraiijii'ini'iits Iht'ifin im'iilunii'il oxti'mlt-il tti (lie pioposcil roncwal ol tin- iirraiii^i'mi'iil
it'spci'tiiij, till' soalin^-iip ol arms. " l'".\prt'ssio iiniiis est cNchisio ahi'iiiis."
As u'^aiils llu' lit'lay on lilt' part of lli'r Maji'sty's (iovt'iiimcnl m n'pi\iii;; to (lie
propo-al, it slnniltl lit' horiit' in niiinl that llio i|iit'stioii wa- oiio railing lor riin-rnl iinpiiiy
into ill.' woiKiii^ of till' arraiitioiin'iit tliiiiii': ihc si'.isiin |,s!i|. ,\ - lii'loic montiom'il,
it \\as an I'vpcrinn'iital iiii'a'~iiri' ilf^iunrd lor the irnti'i'tion ami r'nivi'iiiriirr ol tli"
niii'^li'is . t ^I'jiliii'; v(«-.si'is. who thriiisclvcs oliji'fti'il ti ii atiiT the oNpciiiin'c ol' tnii'
si'asiin.
MoM'oM'i. II h'.l lo tlir •-I'l/iiif of Iwo Hrili--li '-oaliiii-v I'sscK liy I'liilcd Stall's'
i'nii>i'i> iiiiilor a iiiisMp|in'lit'ii.-.ion l>y Ilio naval oiliriis coiiri'rm'd as ti ihcir lr;;al pioifrs,
and III \iol,ii!oii ol till .Vnroriiii'iil In'tMci'ii tin- l»o ( ioiriiinn'iiis o! tlio llli iMav, 1M1(|,
(••II' l'',\. I 'oi'. Nil. (i7. p. I'Ji'i, "hirli di'dait' I tiiil nnli'ss ihi-io siionld he ovidi'iifc ■•!'
sial Ininliiit;. no M'.iliii'j-vt"-'-i'l slionid hf •oi/od m drt.iim'd inori'ly on acfoiint ol" souls,
soal s'»m-. or lishriy iiiiplcnii'iits hciiiL: t'omid <ni lioaid. A li'ii^tliriiod impiirv into (lii>
viholo uoilvint; of (In- ai lan^riiii'iil tlii'U'l'oro ln'ranif niTc^ary hfloio llor Majt'stv's
liint'iiinu III I'oiild lif < \|i.'ili'il to aiiiii' at a o.im lii-i. n Tln'y will Irani, no doiiht wilh
••atisfat'tioii, (Imt the iiistnn'lions m In* h ion mciiiion Im o ln'i'ii soiit liy your (ii)vt>riiiiu-nt
to till' ollii' IS of till' I'liili'il Stiiti's' piitrolhii;: lliit.aiiil I '■hall not l.iil lo traiisinil to
thoni .1 I'opx of Mill! nolo h\ tiio cailirst o;iporliiiiii \
I haM'. Ac,
^Sii^mih .11 I.IAN r.\iM'i;i'nri.;.
No. I I,
Sir .1. I^iiuxfi'iitr In Ihi I'liirl ol hiiiiliriliii {l\rr'irr{ Mini il(.^
M_\ Lord. ir.(.v/((»i-/'"". -Wf/v L'l, l^!>...
I II Wl. till- iiomnn to inform mmii' l.ordsliiji tliat I di'law'il thr trall^lllis^i;Hl ol
a favll'.or iioto from tli - I iiilfd Static" ( mim rnim'iil, daird llio KUli. tni tlif v||l,ji.,.( ol
till' !iii--i:il (is!i»'r>. ami "liif'i I hail ri'ipirsio.l llic .\ftiiii; St'c'rolaiy cd Sialo to rri'oii-
^i^Kr, Miili ihi' v.ow to (no v'oriirlion of an orior if fact u'licli appi'.iiod in it,
mm
II '„'(». IHi»r..
sill iiistiiiil in
iiniont 111)1 III
M('nlin;;-n|» ol'
lo (III' liolliM
' iin'ii ol' (III-
^ (lie ri'|tly nl
r ( ioMTIIIlll'lll
Ili'Iniii;; Sni
liii! Oiiloi ill
IIIV ri'M|l(M'livr
ll'lll li> inrlllilr
■i's|ii'rl ill;; till'
ly liiilr 111 I III'
I'lllli'-lr illiil
in;-; fur l^'.t..
il|l|ll'IIV|tl llllli
■Hidii ol' yoiii
ril of ih;i:., IIS
ll< lll'IWl'l II lllc
I (ii ,\r(ifli'« t
ilr |i> till- t'ollll
Nil illl'i'rrili'r,
ll. tllill till'
I' iiniini;(Mi.''iil
•(•lil\in:; to till'
riin-riil iiii|iiiiy
If llH'Mlinlirtl,
niriH'i- III ill"
•rii'iii'i' ol' mil'
I'liili'il Stiitfs'
r ii'^^iil iiowors,
nil iMiiy, IHIU.
u- I'vuli'iu'o ''t
iiiiiil ol' si'hIs.
i|Miiv into (III-
liM Miiji'sty'^^
III) .Imilil willi
ir ( io\rrtiiiK-iil
III Iniiisiiiil to
M r,i'<ti'i-:.
II •! 21. lv.>.>.
Il'illl>lllis>i:ill ol
I ho -lllijci't ol
Stale 111 ri'i'oii-
it.
'I'lic iioir \\n< only pIim'iiimI |c. iii« l,y Mi. (JliI to-iliiv, (iihI I liavc ili<' lioiioiir to
inrloso ii ('<i|i_y of it.
'rill- iiM^siii;!' I.I wliii'li I iiiiiji ('\cciiti.,n will lie rminil in Inin-Kil-* fsi'c p. 21 ., uli,;ri' it in
• imdr to ii|i|M'iii llijit Arlicli- I nt'||„. l!i';,'iiliitioiH |iroiMw.i| liy 111.' (Inilcil SliiU'>' (iovcni-
iiiriii for |H!i:. w noM III Inici', uliilr, nil I),., ivint mry, llrr Mnjc^l v'h (Jovcrninciil liiivr
;|i'cliiMMl to ii(|o|i| il
III ictiiniiii:,' till' imti' In nil'. Ml IliI iiif'oriiirl ]„,., in im nnollii-ial jillii, lliat in
viru nl'llii- r:i.|-;m'l rurlli in \,\a i,.,h. ,,f llii. lu(|, i,m(,,iii nliilivi' lo tlic M-ruMii of jli^r
Mnjo'ily''* (Jovi'innirnt In h'iku tin. aiian;ii mi'iil as lo llii' si'aliiiLr-iip of Jiniis. Ilicrc
m'ciiicil In III' no <ir('a4iiiii In in iilil\ i||i' i as^imi' in inii'slinn.
('o|iii'^ ol Ml |Ilil\ null' III 111.- I -III iii'^laiil. I. v\!iic!i in- M'iir , and nf inv ruply
llicni.i. lui' iti'liw ll in my ilr'-|ial' li ..f in-ilav'-^ ilair.
I liavi', \i\
(Si-n.Ml) .HMAN I' \ I NCri'OTK.
I lii'lo' i|ir ill \ ii. 1 I.
Ml I'i.l In Sir,/. I'liiniii'lnlr.
l',V.'i'lli'lH_\ . I)' I'liiliiirii/ 1,1 Sliilr, W'll'-liiiii/lini. Mill/ K". 1^'.),'..
<>N' till- '-'".III .laniiai_\ la^i llir Srrr.'taiy ol ^tdlr lunl llir lionoiir to a.liircs^ y.iii an
iiii]ioilaiil .•'iniiniini.'alioii i.-|ii'.lin^ llii' I'li'-.i.jfiir'i ilirp 'oliriliiili' willi u'^anl to Ilir
liitinc III ilic Ala'tluin MCil-lirnl. ami siim^.'siin^ In Hit ,Mail•'^tv's ( ioviMinni-nt thai a
( 'oinini~i-.ion lii' :i|i|iiiinl''il .m luliall of (Jirat I'.i ilain, llii>si.i. .lapan, anr I In- I' nil cil Slates
to iin ."--I ii;a|.' ami ri|i.ivl Iniieliinu llii ellieK ..f |iela;;ii' ^.alitiL;, ami llie |iri)|»i'r iii.'a^iire-
nee. Mill In le^nlale '-ni'li >.alin:;, '^o a^ to |irnlei'l llie heiil from (li"-tiu.'ti<iii, anil iierniil il
to I M'reii'*!' Ill •^iji'li nnmliiis as lo |ieri"aii.'iil 1\ rnrni^li an annual "M|i|»ly of sl<in^; anil,
I'lirtliermoi e. ]pro|ii'->in'.i lleil iliii in;..' llie ili'lilieiatinii- of --Meli a ( 'ommi-sinn a inoiliis i innili
lieiii;ieeil n|i'iii e \ I. ml oil; IIm' ana eiiiliiaee.i in llie IJi';;iilat ioiis of llie I 'ai i-. Ti iliiiiial
aloiiir ill.' line nf the :'..MIi ile^r.'e ol nnilli lalitinl.' In llie /\^ialie sliore, anil aliMilulrlv
|iroliiliilinu -ealin:: in r.elnini; S.a |ieniliiiu' ll"' li'e|init of >,iiili f'nininission.
Al I ll.' ilale of I liiil |iin|iiisit inn. ImiI little liiiie .emaineil availalile Inr ri'aeliin;; an
aiirei'iiient lietween llie I lo ( Jnv erinniiil -• |iai lii^ to llie !'ari-i .\\vaiil wliiili in 11 1. 1 lie mail"
etlei'tnal iliii in::; tli.' |)ieseiil s.aliiiir h' 'a son. ami I'.ir olilaininii tlie enneiirrenee of llie oilier
( lovernnieiil ' iiileri"^leii l.'ns'-ia nml .lajian. ami eaily iiction n|ion the sulijee! was
mitiiralU e\|ierl.'il. I hi . I )e|iai Iiim nl i^. Iiiom'v ei , m'I without information a < to win tlier
llcr MajeslN'-- ( iiivi rnmi'lil ;- ,Me|iaieil In laf.' elleelive Mleps, a-. sil'.;^e-.|i'il. In ehrek
the a|i|iiillim; iliminnlmn nf Ih.' \li>l,an -eal-li.'nl wilhiii llii- area of llie .\ waril, ami
fiverl llie immini'iil .lisli ii.'li.H' nf llie iiii|inilanl imin^lrie^ i.'whieli ihc s.il (i-iherie-;
;;ivi' lis;'.
.\l this lale ila\. (lie |iin|in ilmn fni a i|iiMilrn|i|.' iiiw^l ii^alion ai rejiorl ean
Hciireelv III' e\.i'iiiei| iliiriii.; llie |ireMnl \eai. ami. ^> ■ it ri'imiins a mailer for iirncnt
I'oiisiilrriit ion in |ir<'vision of ne\l M'ar'^ neeiU. ihi .1. in hiinv;''' intn iiiore inim.'ilial<'
mill nrf^eiil iirnmii.eme IM'- ^eeon.j liram''i nf the |iro|inMil, ami csiieeiitily the iMi|iern-
tive neril nl amiiiiii; ii|i.in tin ali-'ihile elo^nre of lieliiiie.' "^ -1 t.i |iila;;ic sejilin'.;
until ihe fonr (■overnm.nt-- may reaeh ;i emiM'tiienl accnni on the general f.'a'nres nf (hi!
|iro'ileiii.
I'lstemleil eiinsi.jeiitinii ip| Ih.' '•iilije't ^ii:ee Mv. (ireshain's note of ihe 'J.ir.l .laiiii 11 \
was written has imi niil\ ennliriinil llie ;.;ra\i' a|i|ire|ien.sion'- then expresseil, lint lui^
lorcoil iiiion this ( •oM'in.ii. Ill ihe .onvielinn thai furl her sn^..;i-. linns ilesi'.;iieil (•• . xiiiiml
hy iniitiial a;;ieeinent the siii|ie of ihe Talis Awanl, in onler to make il ime .(leclive
for 'lu" |iiirpos(' of presrrvin;; the li'iseal Inril, are warranleil hy the informal .m now in
ponscsHion of this liovernmcnl.
'i'he seallm; season of \^'.)\ was I he lirsl iliirin;,' whirli the provisions i.f tie' V^nn
Awanl HIT!" a|iplinihle. ami ihe pelai:n' caleh nf sciils, hoMi withont ami within Hi.' >»
ilefini'd in the Award, proved to ha\e feoti (he lar;;i.':.l ever known.
Tlif stalislies of tlii' seal rnteh.as estiinaled in another note addressed to Vnii liy the
Secretary of State on the same day, (he 'J3rd .lanimry, are conlirnud liy Inter knowled;;c.
Keliiihle inlormalion dischiKes thai l-'.s.^'.'.'y skins luken hy pelaj-ir sealers in the .\«(rth
Paeilic and in lielirin^ Sea, from the .Vmerienii. Russian, and Japanese herds iluring (lie
KvaHOii of IH'.H, were sold in London. Careful estimates show tiiat ahoul ."i,(MM» were
retained in the I'nited States lor dre^sin;; and dyein;;, making a total ol" l4l,;i2;V To
I (UK I ' 1) '2
L'O
■ >- W- ,. ! •
•f
if •
f,
*
1 i
<'1
, « [1
1
%•
1^^ ',
I. SI
tliis slumlti 1)0 hiIiKmI ;i1iou( S(10. wlrdi \m>1(' Kiinwn («> liiivc hi'i-n on n vt'sscl lu'lii-vi'il lo
Imvo liocii lost, makiii!;- llio IdImI citcli ulioiil ll-',()t»(i, of which r>('),(iS(> wore iiikcii wiiliin
llu> moa lovoroil hy I lie !*nris Award.
'I'lio rii!Ii>«iiii;' 'ral)li! ;;ivt>s [\w iiiiinittT ol" skins taken liv ju'la^ic scaliMs williin siiiil
area dniin^; tlic vt-ais 1S!1M to ISiM, incliisivf : —
1 S!l I
1 S'.I'J
■tO.MO'.l
^t■^|;l•.J
.■i.').i!.sri
It luav ln> (■stinialcil. williin innili-nilc linnn<ls, tliat (ln'sc (iiinros ii'iivcscnl onlv alm'it
o\n'-lliinl ol' all iiu> seals killed, llie iiodies ol' (lu' greater pari Mdl lieinn' reenvered.
An evaminaiion of llicse li^uri's niiisl sutislV tlu> nmst sceplie.il mind that liie lui-
scal luM'd will lie spee lilv exleiininat.'d nnless the scope and tin" details ol' the Award slmll
1)0 sniiploineiiled Itv enlaru'cd r^'^■nlati()n.
So far as Mw Articles of tlu' Award ndaliii;;' to the North I'aeiiii' Ocean. excliiMve ol'
Hehrini; Sea, ari- eoMcerned. \»liertdiv all seal-lishini:: Ironi Mav lo Aiinust is t'orhidilen,
nnich ijood has lieen aeeonqdished. and lavomahle residts wore apparent <ni tin- hreedin^
islands earlv in the season. Tiie fatal deii'cl in lh(> scope of the Award, howcM-r, wiisin
opiMiniy Hi'hriny Se.i durini;- Aiiunsi and Sepleinher I • polaj;ic sealing, and pr^'hihilini;
only tin' use of lire-arms.
it h;is ;ie<Mi claimed, and there is »'\iden('(> in support of the claim, that the spe.ar is
as de-lrnelive in Hehriu'^ So.'i as the shot-yiin, and sonu> expeils helii'vo thai even i;'rialei
iiostriution is .u'eomplislied li\ the use of the speartlian hy .^nns ; fi>r the reason thai liic
noise of the latter tViuhlens awav many seals wiiich may lie easily killed while sleeping' on
till" water hy spe.arsmen. While the herd is travclliiii'' in the Ninth I'acitic Ocean, awny
frtnn the islands, it is very dillieidt to kiii seals with s]ieais, jts thoy are C(mstantly
swiniminu:. and larely fomnl .-isleep on llie surface, in IU'lnin^■ Sea, however, the ioneilivs
leav(> llu'ir piijw on the islands .and ti'o out for a dislam'e of liti» to ;j(i() miles, far lieyoiid
the inlnhiled (id-mile zone. to feed, 'i'hoy.'ire there I'ouml in lari;e niiinhors asleep on the
w.iti-r, and caneasdy ho killed hy the silent and skilful spoarsinen. The lari;(' mnnhor oi
pups f«M!nd ilead Ironi stiirvation tm llie isl.inds ilurinu <iio iailer part of Septendier and
(Klolu'r 1S!M I'J.OOO hy .actual count on the iiecessdde pails of the roid»eries and
'JO.(»(i(i III all hy careful estimates -shows the destructive ellect >!' permitlin;;- any pei,(i;ic
sealiiiLi w halever in Pehrinn' Sea. With the ciosnro of that sea to ptdanii' sealiiii;-, .and
with llie enroreonuMit of the oiosod season in iho North I'aeilic Ocean as estalilislied hy
the .\ward. it is holiev(>d that the seals would reeoive no more than a fair decree of pro-
toetion. wlieroliy si>al lishini;- mii;iit conliniie to he prolilalde holh on land and sea lor a
loii^ tinio (o come. Tnloss such a ri-slriction in tiie scope of the .\waid he niadi-, the
fur-seals will he exterminated for all t'oinmereial iiurposes within a vitv few years at. the
most, and the dependent indii^trii's destroyed. 'I'hese oonsideratious. joined to thi> ollicial
tiguros of 1.1^1 season's catch, whicli are now delinitidy kimwn, fully hear out the wisdom
ami nei'ossity ot the proposals made in Mr. (Jrosham's note of the '2'\\i\ .laniiary, ma.kiii:;
it mere than over tho I "residon I 's imperative duty to recall to the attonlion of Her ,M.ijos!y'->
(Jo\ornnieiit iho defects in the form and si'ope of the Paris .\wnrd, and in (he lo<j;islatiou
tliereumhr. for carry iiii; out its piovisioiis, es|iicially lii.-it i-naeted hy tho Hritish llovorn
mont ; and I am directed hy the ['resident to e.iruostly riMiew thron^h you (ho iMideiivours
already sol on font to secure i)y mutual ;irran;;eiiionl appropriate lei;isla(ion on hoth sides,
in order that tho ohjeot of (ho Award, to wi(. the preserv.iiion of (lie fiir-soal fisheries for
(ho mn(ual ami lasting- honotit "f the eiii/ens and suhjoo(s ol tin- two countries, may be
ctreo(ually acoomplislied.
Tho contention of Ilor .Majesty's Ooveramont that Reijulations framod for (he purpose
of oarryin,:: out (ho .\ward should he co-e\(onsivo with, and limited hy the tonus of, tlie
Award, would si-oni (o ho sound, hut this ciroumsl.ince makes it the imno incumhent
upon tho two parties to consider ci-rtain )is|iects in whioli the Sward tails to pr.jvide
for contii:*ieiu'ios which one hiiof year's experionco has shtiwn slnnild In' promptly met.
No adoi|iiato roiuody seems etreotivo except, throujrh conciurent action, for Her
Majestys (lovornmont, hy insistinij on tollowiiii; the strict terms of the .\ward. only
emphasizes the jrhuiiif:; defects tlierein. and demonstrates t!ie tiooil of an ayreeinont to
cure them.
One of the ino.st railiciil in(iimi(ies of this eliarnolor, so ronsi>icuous as to nniount *;■
11 miscarriage of tlie undoubted piirpi)se ot the Award itself, i found in Article 0, wliicli
prohibits the U8e of firo-nrnis luid expiosivcH in ttir seal fishing, tlie only except ion beiny
21
1 ItflioVl'll III
(ukoiiwilliiii
s williiii si\iil
ll'.l
II
I'.J
i:i
sr.
■lit III
Iv,
iliii'il
(ivcri
il.
Hull
III.
I'lM-
ic A«
mil
slmll
1. CM
lii^
vi' i>r
is t'dvliiililt'ii,
llic
hn-
cililii;
nx'vcr. «;is in
.1 p.-
.111
hIiiil;
at till- sprav i^
I (<VC!I I^Tiillfl
cnson lliiil the
ill" sU'i'iiiiiii' "'I
(• Oivan, !iw,iv
iiro ciiiistanllv
or. tlio iVnrili's
It's, I'ar Iii'VoikI
H aslrt'p 111! llir
iru,!' iiiimluT oi
"^I'pttMiiliiT ami
niiiU'iirs ami
II;;- aiiv lu'i.i^ir
scalinu. ami
•sialilislicil lu
force' of l>ni-
aiiil sea lt)i" a
iu' r.iaili', (lie
yi'iirs a(. (iu'
to llu' nilicial
lit llic wisdiiiii
iiiiarv, iiia.kiii;;
Her Majcsiv '^
lie U';;islatit)ii
(litisli (iovoni
u' I'liiii'iivouis
DM luilli siilcs,
a I lishorics i"i>i'
lit lies, may be
tortile purpose
terms of. the
ore iiieiiiiihcnl
lils to pr,)viiK'
prompt ly met.
tioii. tor Her
Award, only
uj^reoiiu'iit to
s to amount ♦.>
rticic 0, which
xcepiioii hoin^
hIioI-^-iiiih when um'iI oiilsiilc of llchrin;; Sea. 'I'liisprohiliitioii is ijireeted simply iiKiiiiiHt
tlie MHO ..r Ihi'se weapons i„r one piutinilar piiriiose, that o!" liillinjj (iir-soal, leavin;^ ihe
poH.session ami use lawfni lor all .tin r purposes, siieli as killing.- whales, walrus, sea-otter,
hair-seal, anil other animnls i'oiiml within Helirin;,' Sea. Kxperienei has shown it to he
almost a praeticil inipos-ihilily to ileleet a sailing vessel in tho art of iisiii;-- lire-arms for
(his one proliihiteil purpose. Altlion-li the searehin;; ollieer may he morally certain tlint
lirc-arms have hc-en used, and may properly consider the nnre preseneo of fire-arms on
the vessel, if accompanied with hoilics of seals, seal-siuns, or other suspicious evidenci;,
siiirnticnt jiislitication (even apart from the provisions of Keel ion 10 of the Act of
Con-rcss ol' the (Ith April, 1S!(|, which is applicahle only to American vessels) for the
sei/.iire id such a vessel, it nnist he apparent that in proceedini^s for coiniemnalion
hron-ht in a r..nrt thoiisinds of miles away from Hie place id' si i/iire, it will he almoHt
impos^iliie lo sicmr convicHon and hirfeiliirr on the uroiind of dle;;al Use of weapons.
l''nrtliciniore. under (he procedure necessarily followiii;; the seizure of a I'.rili^h vessel,
the i'niled Stales' ulliccr didivers the vessel, with such witnesses and pr.mi .as he can
|iroiluce. I<» the Senior Itrilish Naval (Mlicer at Unalaska. At the trial no IN-proenta-
live of oiir (I'ov.'rnment is prcscul, and the Ihitisli (Jovcrimient must conduct the
proscculion. ;iiid iiiiisl tnisi to such pn.ol'~ and witnesses as Ihe American ollieer could
(•(died and furnish at the time. Under such circumstances, forfeiture of the vessid
coiiM not hestii.'d excrpi in IJic cli arest cases of ijuilt.
'i'lie prcdiihition of Ihe use ol' lire-arms iu seal lishiii;;- in rxdiriii- Sea can he
cll'eclually accomplished only hy proliihilin:;- the possession of lire-arms in that sea
aila|iteil to tin; Killing of seals.
The provision id' Section |H (d'ihe Act of CoiiLircss of the (ith April, |s!)l, hy which
:: |iresiiiiiplion of a lenal use fioni the possession of iuiiilements forhidden then and there
lo lie used is raised, aids m.Uerially Ihe eiiforcemenl of the .\waid iu {\\r. case of
.\inericaii vessels, to wliiidi. as I have said, mir Act al'«nc applies. It is ^really to he
regret led thai, no cipiivalenl provision is fonud in the itrilisii Ael of Parliament,
enacted the isth April, is'.d, for carryiiii; out said Award ; and in this conneciion it i.s
sixnilieaiit thai in the prior Act larryiu'.; out tlu" hkkIiis lirnuli o\' the I'th .lune. IH'.)1,
fur the prohihilion n\' all sealin:;- in Helirim; Sea (;">! & .'»"> \ ict,, caji. I'.t), a provision
similar to that iu the Act cd' ("on;;ress ahove cited was inserted as follows: ■
" If a Ihitish ship is found within ISehrinj; Sea havinn' on hoard thereof lishin;; or
slioolin:;- implements, or heal--kins, or hodies (d' seals, it shall lie on Ihe owner or master
id' siK h ship to prove that the ship was not iisimI or emjiloyed in conliaveiition i>f this
Act."
Tlie principle thus enunciated is so e\iilently just and necessary, thai it is not easy
to iindeisland why ihe later Itritish Act le;;islalin;; upon the same suhjecl should have
contained no similar provision in tei ins cunformiuir to the intendment of the Award. The
Scerel.iry of the Treasury is ol' the opinion thai, allhou;^h an amendmeut hiiiiyiny- ihe
present. Ihitish Act into harmony \\ith the prior Act and with the .\ .'lerican Statute in
this re;;ard would render the task of enforcin;;- the Award much (easier, and ^ive more
elleetiial results, the most satisfactory amendment would consist iu common lej^islatimi,
reiiderini; a vessel suhjecl lo forfeiture it found iu I'x hiini;- Sea with fire-arms on hoard
ailapled (o the killini; of seal.
It sliould t'uiliicr he provided hy ciiieiirnnt le;;islation that sealinii-vessels iiaviuM-
implemenis or seal-skins on hoard, desirinu' to travi-rse the area covered hy the .■\>\aid
during the (dosed season, if licensed, and duriiii;; any season, if unlicensed, sliimld have
such inipleiiients duly sealed, and their ('at(di no(ed in the loi;'-hook (a privilege now
accorded at the option of the master, under the Hci^ulatiins of IS'.Jo, Aiticle t), under
tlie penalty of forfeiture for violation id' this privile^je.
This privile;;t', howevi'r, as ahove staled, should not he accorded to vessels having
fire-arms in Heliiini, Sea.
It is fiirtlier In he noted that, under the Ihitish Act of Parliament, "the provisi(ms
ot ' 'I'lie .Merchant Shipping: Act, IS.'it,' with repird to olllcial lo;;s (inchidiiif' the pennl
provisions), are made applicahle to sealiu;;-vessels ; " said penal provisions, however, do
not appear in the Schedule attached to t'-e copy of tlnr Act in the posse.ssion of the
Department.
I have, tlieretore, to re(piest that yoi; will ascertain and iiifoim me whether such
penalties include the forfeiture of the vessel and cargo. Section S of the Act of
(Congress expressly provides that any violation of the Award or !li;gulalions will render
the vessel and cargo liahle to forfeiture. It is feared that hecausc of the .spejilic
reference in the British Act to the penal provisions of "The Merchant Shipping Act,
iR.')J," as to official logs, the failure of a vessel to keep log entries nijglit not bring her
is'
Lit
i-i.
'•■i
oo
V*'
■Vsj.'
within tlie ^ionoral liiihilily io roifi-iliirc loiitaiiu'd in tlit? IJiilish Acl. Illllo^s ^uil
Mt'iflinnt Shipjiinij Ai't now njiule a piut tiirnot" contnins similar i)r()viHions. Duiini;-
tlii> past season, Ion-hook ontiio«* uoro iltilv nifult- hv I'liiloil Statics' soalinn-vrsscls i;i
Behrinp; 8oa, and wciv transmit u»i to Con-'riss.
Tlie DepnrlnuMil. is also int'orniod that similar i-iilrii-s were matio hy British vessel^
ill l^i'liriiiff Sea. wliii'h I'litrios have ln'oii duly tiansniiltrd In the lhiti-<h (lovcrnnnn;
Many vessels, however, had cieared lor liie coasts of ,lapan and liJiissia as eiMl\ :. .
.January, loiiy- hefore tlie passane of cither tiie Ael of ('on>;iess of the tlth April, IS'.li.
or tiio Aet of rarlianient of the l.stli April, iMiM. Inasiiiueli as the A«;nil was imi
solt-o|)erntive, and eoiitained no penalties for its violation, the Treasury Departnieir,
considered that the penalties provided in the SMh-eipient le;:;islation were not retrou-liv ,•
and could not properly he applied to the failure to make the Io<j entries re(|uiiv(l l)y Ihc
Award hefore the passage of said leylslalion. I'ntry was therefore permitted for tlu'
catch of seals on receipt of the masler's oat!: that he cleared in ianor.uice of liic
provisions as to lo^-hook enlrii-s. Puritiu the cominij season collectors have hecn
instructed rigidly to eid'orce the law as lo ion-hdok entries; and the exact status of tin-
Ihitish law, therefore, hecomes o( ;;:eat iuiiiori nice, so that an early answer to m\
present iufiuiry is very desiraldi'.
While upon this snhject of so ainendinji' the concurrent legislation of the twr
countrit's as to secure uniformity, I may invite attention to tiie fact tliat under the
lirilish Act it is nowhere niii'le tiie duty of the Ihiiish naval olllcers to seize ships wlieii
found in violation i>f the lav Section II of the United States' Acr imposis that dul\
on United States' oliicers dui'i designated li\ the President. Von will recall that
Mr. (Jresham .idveited to this point in his note to you of the lOtli April, IS'.M; and in
your reply of tin- 1 Ith April you ohserved that, in youv opinion, the word "may" would
ho construed as imperative, and that, in any case, the instructions to the naval oliicers
would prohalily remove all doiiht on the point. It is now suhmitted, however, that, this
detail is too imiiorlant to he hd't to men' ;idininistrative interpretation of a Statute
which in terms omits to prescrilie this most essential duty; and. in the jud^inent of tlie
President, this discieiiancy in the concurrent Icfii lation of the two couniries ^dlollld no
lonuer continue.
IJesidis advanciiiii' these considerations in rei;ard to the concurrent legislation for
ri'iiulatin^- sealiiij; in the Moith I'acitic and liehriiiji' Sea. the Secretary of llie TreasurN
lias iisked me to ascertain, throiiL^h you, wliethe". diiriim' the past season, the ihiiisli
(lovi'innient has employed inspectors to verify the lo_a;-ho(di enlries of British vesscds .-is
to the numher and sex ol seal-skins landed, in like manner as piMvided hy the legisla-
tion of this country. .Ml skins (>iitered diirinu; the past season at I'nited Stales" pDrts.
except Tort 'rnwiiseiid, wert' duly examined hy exjiert ins|)ectors as to numher and sex ;
hy jin error, however, the skins entered at Port Townsend, «lthouj;h duly examined ;in(l
counted, were not classilied as to sex.
The Secretary of the Treasury further siif^jjests that the Hritish (lovernmenl he
requested to consent tt» the .slationiii^ of liniled States' inspectors at British Cohimiiian
ports for the purpose of verifyiiiij said lo<;' entries of British vessels, and examiiiiim' the
skins as to sex ; reciprocally accordinn- the British (lovernment a like privilene m United
States' ports. I have, therefore, the honour to make such re(|uest, and lo invite as early
a nsponse thereto as may he practit'ahle.
In thus coinmunii'atiui; to you, hy direction of the President, the proposals and
sujii^estions of this (Jovernmeiit, I desire, hy way of recnpitululion, to lay especial stress
upon-
i. The necessity of immediate aureement to close Behrinj; Sea ahsoluteiy to pelairic
sealers peiidiiii; consideration of t!ie jiroposition for exteiulinjj the protective area of the
>jortli Pacilic Ocean alonu the ."loth parallel to the Asiatic coast, with iJie concurreiiee
of Uiis^ia and .lapan ;
•-'. I'lie proposal for a nioilns rlicn<ti. wherehy the eti'ective «'oiicurrence of (Jreat
Britain, lliissia, .'apan, and the United Stales .shall lie lent to the protuctioii ot the fur-
seal herds ;
;i. The appointment of a .loiiit t'ominission, as suifijosted in Mr. (Jresluini's note of
the *.':lrd .lanuary last ; and
4. The advi.»ahilily, if not the proven necessity, of amending the ooncurrent
lejjrislatioii of the two countries tor the expansion nmi more precise detinition of the
scope of the Paris Award, anil the duty of the two CJovernnionts thereunder.
I have, &c.
(Signed) KDVVIX F. Ullh, Acling Serretiiry.
)ns. Dmiiiii
li<;--vi'ss('ls i;i
ritish vt'Msclv
(lovcrmni'n:
as I'iulv i. •
April, isi)*.
turd WtIS linl
l)i>|iarlint'iri
( iclroiclivi',
|iiiioil lij (lir
itli'd for (111'
IMIU'O ol' llu'
s liavi' licoii
status of till-
iiswor to tnv
of tin- t\v.
lit iiiulor Mil'
',0 ships wlitMi
Sis that (liil\
1 rcoall tliat
I SHI; aii.l ill
' may " would
naval oIliciMs
wr, that tills
ol a Slatiili'
unu'iit. of tii>'
ii's Mhould no
(•i;ishiti()U i'oi
till' 'I'roasiin
I, tlie I'ruish
isii voss»>l>( a-
V the Ic-isia-
Siali's" port-.
liiT and scs :
xaininod and
•vornuu'iil lie
I ('i)liiniiiian
xaniiidiii^' tix'
HT III United
iivitr as early
M'o|)osals and
■special sticks
I'iy to pelairic
c area of tlie
eoneurrcnce
iico «»f (Jroat
)n ot the liir-
liiiiiiH nutu oi
le ooncurrtMit
iiitiou of the
/ Secrelary.
•_>:$
No. i:.
Hurl of Kimhi'ilrii In Visrouitl (loiiijh.
('r.di>-npllic.) ,,y„.,.;f„ (yff,.^^ /„„,, ^y , ^,,..
IN ooiupliaiiee witii the ivipie^l of the Tniteil Stales' (ioveriinient. reported
III Sir .1. I'aiiiieet'ote's de.pitch of thi' 21st iiltiiiio, the olIicTs eoiiiinaiidiii!! the
Hrifisli shijis of waroii seal-llsiiery duly in Hehriii- Sea will lie anlh(n-i/ed to eontiuuo
sealiii!.,'-iip the arms and ainniiiiiition of .\nierieaii sealinij-vessels if reoiK-sted to do so.
Vou should so inform the United Stales' (lovernmenl.
No. IC.
VLsriiinil (iiiuijh Id Ihf Kdil of Kinihriloi. -{Rrrrivrd June I'-J.)
My honl.
WITH refeivnee to Sir .1.
provi(Uis corresiiondenee rt's|)eetiiii;'
Her .Majesty's ticneniineiil and tin
hiiiitiii',' ill the .Award area. I have
have reeeived Iroin Mr. Hid, Actiiii
him hy Her .Majesly's .\inhassador
ids I'Aeelleney s ahove-ineiitioned i
\ our IjcndsMp will jien'iiivi'
Majesty's (lovirnmenl were not m
ariaii'ji'meut lor sealiiij;-iip of arms
area diiriii;; the <'h>se season, and
ilisehiiin in advance any res|ionsi!
kiiovMi iiich r'-riisai, not coiicedini^.
Xrir/ioit, I'liode /,s7(/«7, Jiinr 12, 1*^')').
I'aiineefole'-; despatch of the 21si ultimo and to
the sc(>])e of tlie arraiij;eiiu'nts entered into hetwecn
• (Jov-iiim,.|il oi'tiie United States with reij;ard to seal
the Ikhioiii' to forward heiewilh copy of a note which i
; Seeietmy of State, in reply to the note addressed to
nil the •JOIli ultimo. Odpy of which was forwarded in
les|i.itch to your ri'inlsliip.
tliat Mr. Uh! a^ain expresses his regret that Her
ore prompt in notityiiiij their refusal to continue (he
on Imard sealiim-vessels in transit tlirouu;li the .Vward
he states that tlie United States' (loveniment must
lilily for any conse<piences of the delay in iiiahin;;^
li'iwever, that aiiv would ollierwisi' exist.
1 have, Siv.
(Signed) (JOUdll.
Imdosiire in No. 1(i.
Mr. I'/'l III lisfoinil (ioiiiih.
Arv
iord, l)r/ttniniriil of Slnlr, Wiishiiiijtoii. Jiun- S, 18!)r».
I H.WI'', the liiiiioiii' to acLno\>le.Ine the n-ecipl of the .\ml)as>,adoi's iioti.- ;)f the
2()th .May last, in eoiitiiination ot previous corres|iondeiice conceriiiiii; th ■ scope of the
nrraiiiiements entered into lietween tiie t"o ('.Mcininenls wiiii re:;ard to seal huatinu; in
the Award area.
Sir .luliaii takes the j^iound, liis!, that no "arraniiemeiits " in the sense of an
ayreeiiieiil had hecii entered into liet\M'en himself and ihe Si'cretarv of the Treasury
except that .Mr. Carlisle's draft ol'ilie proposed i{ei;ulal.i isfor IS'.l.) slioiild he sulnnitted
to Her MajestyV (ioveriinu nt for approval and conciirrem-e ; and, second, in idlect, that
the Order in Council for ISJJo in terms excluded, as did die Orders of previous yea;.s,
any airanuements for the sealiii;i-up of arms im hoard sealiiin-vessels in transit throiij;;li
the .\war<l area dininu' the closed season.
.\s expre.^-,ly di-elari'd in my note of the ISth May, it »as not iih /stood that the
Ainhassador had aiilliority to hind his tJovernment. or hail umh'rtaken ilelinitidy to do
so without a formal transmission of tlu' proposed Hemdalioiis. Tiie fact remains, liow-
ev«'r, as already stated hy me, thai an uiider>taiidin;; or agreement was reached hetwecn
Sir ,liili;iii and the Serretary of llie Treasury as to the form and suhstaiice of llu' l{e^;u-
lations in ipiestion, which aureement, in the form oi' l{e;>iilalions prepared hy them
respectively, and reduced to writiiii;', vvas to be siihmitted to i..c I'resideni and to Her
.Mnji sty's (lovernincnt for approval.
Not only was a formal coimtei -draft of those Ue^^iiialioiis siihmitled hy the .Ambas-
sador to the Secret ary oi' the 'rreasiiry. hiil the tinni form n!;reed u|ion between them
contained many < iiannes sugnestitl l>y him. and. indeed, after ihe a;i;reed draft had been
21
IJ5;SJ'TI
: #li : il,' .
sent lo llie I'resi'Knt for siirtmlmo, Sir .liiliiiu's letter of tlie 20th .Tiinuary to
Mr. Carlisle pointoil out certnin words evidently inscrteil !>}• mistake, and referred to tlic
draft as an '■ iirraiiijeiiieiil." Further, Sir Julian is jdenscd to say that it appcarij to have
entirely escaped the ohservation of this Government that the "arranfjcnients" men-
tioned in the Order in Council of 1895, as well as in all previous Ihitish Orders in
Council, as having been made between the two Govevnmcnts, are expres^Jy slated to be
arrangenieiii s for givinfjf eflect to Articles 1 and 7 of I lie Regulations prescribed by the
Bchring Sea Award, which relate to the form of licence, the distinctive flag, and the
fitness of the men employed ; wherefore his I'lxcellency asserts that no inference could
))08sibly arise from the language of the Order in Council, that the " arrangements "
therein mentioned extended to the proposed renewal of tlie arrangement res[)ecting
the sciding-up of arms.
1 beg to submit tliat the point to which his Excellency refers was not overlooked by
this Government in view of the identity of the provisions of the Order of 18r>."> with those
of the previous Orders in Council to whicli bis ICxcellency adverts.
Knowing thiit the Order ol 1S!)4 referred to arrangements agreed upon between the
two Government-!, ns stated in Sir tfulian's note to Mr. Gresbam of the lOlh May, 1!^!)4,
and knowing also that lliose arningenientsexi)res<ly included IJegulations ior the sealing-
up of lisb'.iy inipli'meiits at llie retjuest of the masters of the scaling-vcssels, it was not
obvious that, by repeating tlie same pr>)visions, Her Majesty's Government intended in
18',>.") to exclude a pait of the Hcgnlations which were included in the Order of 1S94.
Oiherwise a conclusion --entirely untenable — follows that the slightly varied lecital of the
Order ol" the 2nd February last must have concealed a positive decision reached by
lie- Majesty's Government at that early date to reject the provisions of the arrangement
o( .January relative to the sealing-up of arms, which decision was not announced to this
Govcmnient till the llth .May following.
So far as touches bis Excellency's assertion, tliat no inference could properly be
drawn that tiie '•arrangement" mentioned in the OrJer of l^!),') embraced also the
securing nnder seal of the e(juipmcnt of sealing-vessels as jtrovided for in sections !■, 5,
ami (i of the draft Regulations of ]s05, I have the honour to reply that no arrangements
wbateve:- have been entered into between the respective Governments during this year
«m the subject in (piestion other tlifin the " arrangenienls " contained in the draft from
which "ere phrased the Regulations of 1895, promulgated by the President on the
18tb danuary, and that the reference in the Older in Council of 180;' could only
have related to the dratt of IJegulations prejjared liy the Andiassador and .Mr. Carlisle.
'flat the t'llecl of tlie Order in Council in liaiiting the word '''arrangements" to
Articles t ami 7 ct ibe Award (thus by necessary imjilicaliDU ratifying the corresponding
Articles 1, :.', and •■> of the draft Regulations) was not regarded by tlie liritisb (Jovern-
ment as a nhi-al to concur in the remaining Articles of said Itegulations is made evident
l)y tiie fad. that formal notification of >ucli refusal was deeineii nei-essary by tiie .Ambas-
sador's note of tlie 1 1th .May.
I'ntil that refusal was thus tardily c unmunicaled to ibis (iovernmcnt, I repeat that
we had every reason to believe that the Order in Council of the "Jnd February last, as
conminnieated by Sir .Iiilian to .Mr. (iivsham on the (ith .March last, related to the ante-
cedent, " arrangeiiieiits " of dai.iiary last, precisely as did the Order in Council of 189J,
relate to the earlier ''arrangements" of that year. Either an arrangement was eiilered
into Ibis year on the basis of the draft of IJcgulalions of January last, inchnling the
securing under seal of the outfit of vessels, as well as liic form of the distinguishing
flag, sjjecial licence, and tilness of seal hunters, or there was no arrangement what-
soever made this year. Her Majesty's Government cannot, without manifest ineon-
.sistency, rely on the first three .Articles of the draft, wlule at the same time repudiating
the remainder.
1 note the Ambassador's suggestion that the cause of the ilelay on the part of ller
Majesty's (iovernmeiit in communicating its conclusions in regard to the drafl Regula-
tions of January last is due lo the careful iiujuiry euiereil into as to the working of the
"arrangements " during lh94, as a result of wbicli impiity it appeared that tin; masters
of .sealing -vessels 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, 1S94, 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 [larticular score.
m
.Tiinuavy to
DlTcd to tilt'
;ar:J to have
cuts" nicn-
li Orders in
(iitod to l)e
•il)Cil by tlie
lag, and the
srence could
in^eiiK'iits "
L respecting
rerlookod l)y
)r(\vitli those
between the
1 May, lt^'.)4,
• tlio sealing-
Is, it was not
intended in
der of 1S94.
lecitul of tlie
1 reached l)y
arrangement
meed to this
1 properly he
iced also the
sections I, T),
arrangements
ring this ycur
iie'dral't from
liident on the
"i cduhl only
r. Carlisle,
genients" to
)rrespunding
itisli (Jovern-
niadc evident
liic Anibas-
rcpeat that
)ruary hist, as
to till! ante-
uncil of 1891.
t was entered
nchiiling the
liistinguishing
'enieut what-
ni^e^t incon-
ic repudiating
part of Her
drafl Ucgula-
orking of the
t till! masters
idcr seal after
Julian's note
he Agreement
occurred long
d some weeks
complaint on
25
On the 2nd Febriiiiry last, the date of this Order in Council, llcr Majesty's (iovern-
ment, as stated in my previous note of the ISlii May, presumahly had in its possession
the draft of IJcguli-tions of Janiiaiy. It pUo presinnaldy had the lloport of the Canadian
^Miiuster of ^Marino and Fisiicries to the (iovernor-tiencral in Council, dated the 9th
.ranuary las', in which full statistics of tiic catch of l.*9t were given, as also log-hook
entries of vckscIs entering Hclning Sea, in which Ifeport no mention whatsoever is made
of any dissatisfaciion with the llegulations of ISU-t. At tlie time this Iteport was
puhlislicd «1! tho sealiiig-ve>-sels Inid retuinod from t!:e cruise of IS'Jt, and on tiie *Jnd
February la^t, tlie dnte of the passam: of .laid Order in Council, a large numlier of them
had already k'i't for the cruise of l."i>;"i.
Liuler all t lies.; circumstances, it heconies my duty to a;;ain express the deepest
regret that Iler .Majesty's (joverniiient could have allowed such a space of time to elapse
before giving to this (lovenmient notice cd' it^ refiis;il to concur in tliu Hegulations
drafted by the Aniliassailor and the Secretary of the Trea^iury in January la^t ; and tliis
delay is all the more to i)e regretted, for the reason that the majority of the vessels of
the United States' pi-trolling lieet have sailed under instructions that the llegidations of
18U"< apply to Ihitish as well as to American vessels. I must therefore again express
the judgment of lliis (jovcrnment tiiat it was entitled to prompt notice respecting the
acceptance or rejection of tliose arrangements, adding that it was in nowise bound to
regard the tardy communication to it of the Order in Council of the :?nd February last
as a notice of the refu^ai, ia wlude or in part, to accept those draft llegidations.
Under all these circumstances, this (jovcrnment must disclaim in advance any
imputable respoiisihility for any consequences of the delay in niaUing knoun such refusal,
not conceding, hnwever, that any woidd otherwise exist.
I have, &c
(Signed) E;)\VIN' 1\ UlU.,
AcliiKj Svcretuiif.
•No. 17.
Vi.yrrjiint (ioH<jn to tlic En.rl at K'niilierlcj. — {Htrrirrd Jiiw '11 .)
My J. Mid. Scwjtort, June 17, li'O.').
I ll.\\ I'i the liKiioiu' to l(u-w;inl herewith to your Lordship copy of !i note which
I iiave reieiveil from .Mr. Oliiey, tiie new Seeretary oT Slate, reporiiiig .lie seizure of
the Jirilisii se.iliiiu'-selinoiier •' Shelby ' on the iliii May la>t by liie i iiiled Siuiis'
reveiiiie-euiler '• torwin."
.Mr. Oliiey liii'onus lae tiuit tiie deelanitioii i I' seizure slates that the V(!ssel was
seized for disreuiirdiir.;' the I'roclamatioii ol the i'l-esideiit cjI' the United St;:tes and the
Act oi' Coiigre.-,^ of ilie (illi .Viiril, iM)t, Imt ih.al, I'roni :\n e.\aiiiiiiatioii el' the- l!e[iorl
of Captain .Miiiiger, ol' the United Slates' cutler "('oruia,"il Wfiiild appeal- that, the
seizure was maiie on the "-round tliul tiiere was eniise in believe th.it tin- •" Sh;-lby "
had killed I'lir-M-als w itliin the Award area during the closed season.
Mr. Uliiey ie(|Hests that tiie (-oiiseut of tier Majesty's liovernun-i'.t be given fiii'
the apiHiiiitmeiit of (-ouuiei to rei>ri-sent thi> Cnv<'ni".ient of the L'uiU-d Slates in
eoudeuuuitioii proeeedings auainsi the ••S'ni-|l.\, aiui >iieli other Ih-iti-ii vessels us
may bj seized this seuaou by ollicers ei in;. United otali-.-. i'l.r violaiioii of th(!
llegulations of the Paris .Vwai-d.
3ilr, •diiey add--; that he believes that su(;h aetioii will u'reatiy assi.-t in ihe proper
eul'ureeniiiit of tiie .Vwanl jii-ovisloiis.
The United States' (iovernnieut are anxious for an answer to their reqcest a-^ soon
as is convenient to your liordsbip.
I h'.ive, Ike.
(Signed)
(;0UG1I.
1 lelosure in Xo. 17.
Mr. Olnvij In I'lscounl Gouyli.
i[y Lord, Drpartmeut of Htnlv, U'lishinijton, June 14, 1895. ;■;
I ir.WE t!ie honour to apiirise you of tlie receipt of a letter of the 11 th instant
from the Seerctarv of the Treasury, reporting, la view of a comuumicatiou on tht»
[03b] * ' M
f
H, "t- ■■
«
Pt
11th ultimo from Capt.ain ^rimi,'cr, of tlw Uiiitcil States' nivcmu'-cutter " t'oi-wiii," llii«
siMzurc of the llritish si'iilimj-sfliooiifi" " Sliclhy " on the lltli M;iy last.
Tin' ili'ciaralioii ol' sinziire |m'])ai'e(l by Captain ^Imiijcr, ami tlclivrrcil to tin-
Cummaiiilim; OllU'ci- of Hit .Majcsly's slii|> " Pheasant,'' stales tliat I lie vessel ua.
seized for tlisreLrnnlini,' Ihe rroeinmalion of tiie I'lesiilenl of the Uniteil Strites .ind
the Aet of Conu'i-ess of llie ('(fli April, l^'Ji. Prom ;in evaminatinn of the Itcpurl nl'
Captain Miiniijer it wonld appear that the seizm-e was made on the >;roMiid "hai
there \»a^ raiisc t<i helievt* tlia! said M'sscl Iia.l killed i'ur-.M';ils within tiie Award
area during; the (dosed season, the reason of sueli h(die!' heimj round in the jiossissiun
hy the vesN,'! of seal-skins, implements, ;iii(l niillils, ti)i,'e!lier witli salt, slnll-^nns, ;,ud
ainmnn'tim
Un receipt of said liepnrl. Captain lio';per, Connnandin:;' OlU'er of the palroljinu,'
fle.'t. was reminded tlial the Aet of Conirress of t!ie (ith A))ril. ISIM', was appiieiihle
ouly to American vessels; he was also directed, if on investigation lie finim! th;il said
vessel was sei/eil on tlie el;ar^'(> of illegal killing' dnrin'^- the elox-d seison. to iii>|rue|
Captain .MnnL-fr ti; deliver to the Comniandini; Ollieer of Her Majesty's siiip
'• I'hea.siuU " aii amended declaration of seizure, assii^nini; as the eause the violation
of th;- 2nd Article of the IJe'^ndiitions of tlie J'nris Au.iril, as set forth in l!ie Scliidules
annexed to the Kritish Aet of I'arliamenI, known as tlic r)ehrim; Sea Award .lei, of
IBUk
In this connection the receipt, signed hy th;^ Commander oi' Her Majesly's ship
*' i heasant " is i-alled to yuin- attention : —
•' Sitloi, Mini ]'.',. 1S<),-.
"In aeeonlance with the ])rovisious of section \'2. Article ;). of the Hehrimv Sen
Fisheries Award, I have this day received from C. I/. Hooper, Captain t'. S. I*. C S..
e "inniandinir Melirin;,' Sea fled, (he Ih'itish scdmoner '•Sludliy," of N'ictorin, hrilisji
Colunjhia. C. Cl.-issen, m.ister. with her tackle, furnitnv. cartro, iiml docnim'nls, seized
In the I'nited St.-itcs' revcnuc-steamei- ' Corw in," Captain I'". M. .MnuLrer eouunandin^',
for violation )f the Acts of Contrress and uf the iiritish I'arlianu-nt rciyulatinu;' the
fur-so'il fisher.es.
(Siifiiod) "I'lJVNK A. OWkFomyu, hiriiftninit. H.X.,
'• Comiiniii(tinij llfr liritmniir Mnji'sfii's .v'/m) ' Pi'irdsunt.' "'
Under these circumstances, j rc([ucst thai the consent o!" Iler Majesty's (jovern-
uient he ijiven for the appointnnmt of (^onnstd lo repi'csent t!ie (ioverntneiit of the
[''liteil States in condemnation proceedin>:s ayainst the " Shelby " .and such oilier
vessels as may he s(;ized (his scmsmu hy olliccrs of (lie Cnited Stales for viohition of
the l»<':;nlations of the I'aris Award. It is conlldcnily i)elieved ih.at snch .action will
siivatly assist, in the proi»ei' enforeenu-nl of the Award provisions.
In this connection 1 (d)S(;rve th;it the decdaration of seizure will he anuMuled (i>
the end that (he lihid on Admiralty may set forth the hreacii (d' the Iiritish .\c( of
I'arliament known as the IJehring Sea Award Aet (d IsUI.
Askinir that you will have the, kindness to prompt l\ connnunicate to Her
^I.'ijesty's Covernment the pnrpor( of (his note, .and (> .-ipprisi- nn'. .il your early
convenience, of Her .Majes(v's decision upon the sidiiecl, 1 have. \e.
(Si-ned) KICIIAUD Ol.Nin.
^■o. is.
J'isroiinf Ciourjli to thr /uirt of Kliiilt'-rlcji. — {Rfcrlrnl .lulii (i.)
My Lord. S'l'iriiort, Rlinilr Inland, Jinir "2^, ISi).").
WITH reference t) your Lordship'a despatelu'- oi the 17th nltinu), addressed lo
bir Julian Pauncefote, containinL;; the proposal- of Her Majesty's (iovci'nii'cnt
respeclin.ii the apfxiintnient of Atjonts to resi.lc ori the seal islands and to coIUm'I
autliorilativc iidbrniation l)y observations, which slinidd extend over sneh a period iis will
be siilficient to cnat)ie a judgment to he formed oi' the etlei-t upon tlu* preservation of the
herds, I now have the honour to torwani iRrewilli to your Lordship copy of a unto wdiieli
! have received from Mr. 01ne»,the Secretary of State, in which he ])oints out that,
althou'jh the United States' (Government lirmly lielieve tiiat the stii^,'eslioii of IJer
.Majesty's Government is inadequate, and cannot satisfactorily take (he place ot' an Inter-
uational Commission of scientists, they ure, however, unwillinj; to block the way to a
better approximate understanding of the important conditions of seal life.
'orwlii," Ilii>
I'VI'cl to till-
I' vi'ssi'l \V!\;
l!»l!lU'S Mild
f I'cpiirl ul'
jroiiiul •liai
tilt' Award
ic jtosscssioii
jI-^UUs, aiul
ic i):ili'i)lliiin-
s apliliculilt'
11(1 th;tl Slid
1, til iiislriK'l
ii.>tv"s ship
Hie violatiuii
he Scludiilcs
, uard Aot. of
njosly's sliip
I i:;. ISl).-.
r>clirili'.v Sea
. s. n. (' s..
tofia, Mrilisli
ni'iits, seized
•ominaiidinn',
ujuhitiii;;' tlie
.iV.,
^hriisant.' "
ty's (loverii-
iiueiit, of tl:e
I siicli oilier
violation ol"
1 a
ctiiiii will
aiuetided d'
[•ilisli Act of
•ate to Her
voiir earlv
OlAJrV.
'■ -2^. is<)r).
a(ld|•(;s^cd to
( iiiv.'i'iiieent
1 to eollecl
it'i'iod iis will
vatioii ol the
a note wliieli
it-< out tliat,
4 ion of Her
of an Intcv-
lie way to a
27
.Mr. Ohiey states timt he is of opinion that the proposal of Her Mivjestv's Govern-
nicnt may he advanlnuoon^dy iiioditied in the interest of all concenied, and ho ailds that lie
IS directed hy the I'resident to make a new propo.sition to Her Miijestv's rJoviinnient
hnsrd larpely ui'on yonr I,ord»hip'.s proposal, viz., that three A!;ents .■ach "he appointed hv
the I. -iirctive (inverntrents of Crea! Hritaln, Knssia, J;i|mn, anil the United States, twelve
Til nil. who shall he stationed on the Knrile, Commander, ami I'rihvlotr Isian's irs;.eeliv dy.
T!int these A-eiits he instnieted to examine earefnllv into tlu' fiir-seAl fishery, and t'o
iccon.iiKn.l hom time to time needful elian;,'es in the Ue;,'nlations of the Pans Award, and
drsirnliie liinitations of the laid eatehe.s of each of the said islands; that within four veara
they shall present a linal lleport to their respective nnvernmeiifs; and that peiidiii- "such
Report a iimdiis rirrnrli he entered into exlendin;_' the Award Ue^nilations aloni; llw line
of the :^r)tli (legrei- of ncitli latitnde from the Amcrienii to the A-iatie shore. Vir. OIney
helieves that siieli slanirhtcr as has taken i)!ace within the last vear nH'ords eonehisivo
evidenee that the Ucgnlations, as estiihlislicl liy the Paris Award, are not ;:ivi ^' that
incasme of protec'ion to ti,e herds that the Arhiir.ition intended, m.il fliat the eonun rcial
extermination ol the fur-seal herd, .\siatic as well as Amcriean, mav he regarded
imminent.
as
I have, iS.e.
(Sif^ned) OOICII.
Fnelosiire in No. l'^,
Mr. Ollirii Id ] isciiiilll (iiilll/ll.
^\y Lord, Dvpiulinriil I,; Siutr, i^ii •hii(i;tiiii, Jniic 21, \-'Xi.
ON the iTth ultiit o Her Mnje'ty's Amhi'-vadcr haiirlcd to Mr. Uli! a piiiit( .1 copy
of an in>truclion frtmi ti:i' Foreimi Oliie< , tiiiieil t:;e I7tli .May, i>;V;. in .iisw.r },>
Mr. Gresham's proposals of the 'J'^n! Jai,;: ny hst liJiicliiiiL,' t!ie nci-^iiv of further
provisions to preserve the fur-seal herd of tiie Noitliern I'aeilie and I'lhiiie.; .<;-! fiom
cxtermii'.ili'M., :i' view of the inadeiiuaey of tbc Ileyiilatinr.s hed d wii l\ i'.e P.riv
Tiibuiiid .Arhitralion, and sj)cci(leally replying' to tlie tiroi!ii>al of this (iovermiieiit for the
appointment of an International Comniis.sioa hy tlie (iovcninients of the United Statec,
Great I5rilain, liussia. and .Japan respectively, to investii>;ite the Inr—eai fisheries id" those
waters, end. iiendiiiEC a l^ejiort hy the said Commission, fur a mo(hi^ rirnid! ii\'nU\\yt\\\ir
scalinir in ikdiriiiij; ."^ea, and extendini; the lieuulalions ol the Paris Award alun^ the
.■^■'Jth dejjrec of north latitude to the sin res of Asia. With i(\i!;ar(l to Mr. Greslianrs
statements concernin;,' the startlim: increase in tlie pel:ii;ie sl,iuj:iiter of both the .American
and Asiatic herds, I note that the io|ily of tiie KoniLin Otliee taki's the position that this
Government, heeaiise of its conteiiti^ai helore the I'ario Trihiinal that the .Asiatic and
Arneiieaii l\ir-se.il herds are distinct and do not eomniiiiirle, cannot now with proprietv
draw any ini;ie:ic> as In the iHeet of ptdajnic scaling on the .Aineric:in f.ir-scal herd from
figures indiee.ti ig iDereastM eateiies over laevious seasons in the total of seals killcl on
the Asiatic i;iid .\mcrican sides of the North I'aeilic Ocean. The claim is fa.tiier
ailvaiiccd that, althous^li the catch of fur-seals durinir last season on the Asiatic side was
i^reater than in any previous year, yet the ealth taken from the Anierican herd (that is,
will. ill the Paris .Award area), while .uimiltedly larger than in most previous se;ioi)!;s, was,
ill fact, hat as luii;e as ih.at of the season of l><()t. And, in this eomiection, this {lovcrii-
meiit is lurllier reminded that the >-uceess or failure of the Kei;nlations established by (he
Pari-i Trihunal must be judged solely by their etlxet on tiie herd which th.y were intended
to protect.
I have the honour to reply that, during the hearings before the 'I'ribunal ol Arhitia-
tiun at Palis, it was earnestly contcadcd by Counsel representing (iieat ibitain that the
Asiatic and Ameiican herds did eommiiigle. This iael was disjiul;*! by tlu! Air.eriean
Counsel in the light of the evidence before tlu in. The Tribimal, liowcvvi. was H'lt eidlud
upon to make any dclinile rinding upon this important ([Uestioii.
V> l;',!e I (L) not v.i.^h ;o he unders!'.)0'! as exiires-ing any opinion ujion the subject, yet,
ill view of the admission contained in liie note of your 'lo'ernnient, in which I coiuidly
join, that '• our Knowledge of seal life is still far fn-m complete,'' I leel that this dis|uited
iiui-sliin. a^ to wlutlur said herds commingle still reciniivs most careful eoiisiderution and
.studv. 1' has been suggested that the .Anierican seal herd, even if not naturally
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
lieli investigation is unfortunately refused by Her Majesty's Government —
V 1-:^ I
iiivcsliu'alain-
'r()381
E 2
2^
.■•■l-tJ>l' Ji.
['•-:!i.i '■ ■•- <■
it nii^lit ii|)|H>ar tliat (he tot.il •.laiii^litn ol Iui'-miIh mi Imtli Mv-i of tlir Nnrtli Vw'it'u-
0(« an liiis a iiioii' iiitiniatc comu^rtiuii witli tlic inc-ciit coiMlitiiui uC tlic Amcriciin lnr-«ciil
held I hall is now adiiiittcd.
Ilowrvii' iIiIh may lir, the Korcinn OHirc sicms fo laivo Inlli'ii iiitu the ■^nidii^ cri'iir
«)t' assiiiiiiiit," lliiil till' )ii()|i(iHitiiiii III till- UiiitiMl States' (iov<inmciit ((iiitaiiicd in
Mr. <;iTsliaiiiV note ol tlu- 'J.'lid .laiiiiaiy l.i^t \v,is silli-^ii 111 it-* rliaraclir, liavimc a|i|ili('ali()ii
only to (lie iiuitci'ini inlciTsts of tlic Uiiilrd States' (Jovcriiiiifiit in tlic Aiiiniean, as
(listinmiislicd iVom tin* Asiiilic, I'lir-sfal licrd. Vnihinu' cniiM lif fiiiilicr (Vom tlic Inilli.
The l'i:-'('(nt iictfd in tlic desire to protect tin- liir-scid tislicrlcs mi liofli «,i<l(-i of tlic
North I'aciiic Ocean, Aslatie n- well as Anieiicaii, for the hciiclil «>t niaiiKiiid. Inciileiitallv,
it IS conceded, tlii.-. niiylit liixe rcsnlicd ill lii'iiclil to tiie interests nt' the liiitcd States;
liiit the |ii'()|iohitiiin was liaHcd mi hrnad hiiniaiiitariaii )ii'iiiri|ilc.-, m. |iuculiar henctit or
III) hciiii; huii^lit save wliat woiilil haxe iiccriied tii all iiiankind liiaii llj>- |ir()|)cr n ".;iilaiimi
of these v.ihialilc fishciicj.. It will
ccallcd liiat a ).i'(i|iiisiii<in ol a .similar natnie,
limited to Helnini; Sea, wa« niado hy my prcdcc ssor. Mr. KavarrI, tliroii<r|i the Unitcij
'""tates' Ministers in Imi^IimcI, .lapaii, Rnssiii, Sweden .iiid Nmwav, lo lliose n .peeijv(
Ijovcrnnieiits in
I8H7; and that. snl)sc(picntly, at the rc(|iicsl ol' Loiil Snlislriry, then
llcr Majesty's Secretary I'lir l'mei!;;n Ailairs. its scope was hroadi'in il sn a-> to cnilirace the
wiioli' Norlliern riuitic Oeiiii, iiiclndinu' ll.-hin
troiii the Asiatic to tli
Liiierieaii
shores north ol the ITtli dcijic ■ of north latitude, nnrortiinately, and appi.n ntly at the
dilaf'iry instance of the Canadian (lovcrninciit, its nrnposal was iiidel'ii't(-!y iMistpniu'd hv
Her .Ma.jeslv's 'lovcninicnt in .June IHSH.
'I'll
e (ie\el(ipinciit 111 vaillalde I'ni-si
il ti^
llellis t
ir 1 1
le coasts ol' .liijiaii an
d I
tUS<>l.l,
lollov. i.d by the eloscil season estahlishcd liy the Paris Award, has induced many scaiinu'-
vi's«els to trcinient tlm-t water-, thus ciiiisini; a iinlalde incri-asc in the pilai^ic slani;hler
oil' the Asiatic
slanuliler
lorc!
The (i^iiri
ivi'ii hv the I'(ir> ii;ii Oliice inclndcd oiilv the
in
Ja|i:iiie,sc waleis. Addiiiir tlu- siaU killed in Kus^ian water-, we have
total of over ~:\,ini{i in 1H'.»;{, ami over 7!»,(MI() in js'.l I. It was to rc-nlate the kiilihir in
those waters, as well as «itliiii the I'aris Award area, th.it Mr. (Jreshain's proposiuon ol"
the U.^rd January was made.
Hut even if it lii> assumed that the American anil Asiatic herds arc distinct .'iiid have
never commiiiL'h d, ihe lad still remains that tiie slan-rhtcr of the so-called " .A nicrican "
or
Alaska
hi-lcry ol pelagic seali
crd dniini; the jiast season
has hceii lifcatcr th;in in any sca-mi in lliu
The Foiciyn OIlicc instruction states that ahout I'J.^iW lewcr
.seals were killed i'loin this herd in tlic .\war<l area in lH!i| than in 1^91. '{"here is «rond
•jroniid, however, to conjecture that ihc l?riil-^h conipntation of seals killeil in iSehrinu: Se.i
in l!^'J!. naiiuly, L'!M II , swclhni; their total jonipiitatioii to OS, (lot), compri-cd ;i innnlicr
of seals taken on the wc.-leiii sick' ol' that sea in the vicitiity ol the Russian islands; the
tiirnies fen* the ciilch in the -i.iiie se.i in l.sll !, .'U, .'»*<.'). il slimild he reinemhcred, ;iic limited
to seals killed on the eastern side within the area ol the I'aiis Award.
1 1 w
is a matter ot evidc
helore the I'aris Trihniial that, alter the piomiiljjalion ot
the iiiaihi'< virnidl of the l.'ith June, 1s',)l, Imty-oiic Hritish vcs.scU were warned out of the
American side of iichrini: Sea iiy American cruisers hctwccn the dates if the lilltli ,lnnc
iiiid liic l.'')tli Auirnst ol that year, il is helicvcd rliat many "ftlii- vi -scis so w.irncd went
over to the Hnssiaii side of iJchrin^ Sea ami made; caleljcs there. I''ii)in slati.-lics in tlu^
possession ot this < 'ovi'rnmcnt, it would appear that some S,|.,'{:2 seals wore so takci
(i,(jl() hv Hritish vessels, and l,81(i hv .\inericaii vessel
'I'liis sl.uidd be (Icdnctc I,
thcrclnrc, irmii the Mrilish lijiures, ri,iil(), Ir-aviiiir aooiit 1^3,n(!() a-s the catch ot llrilish
vessels in the .Award area in Heliiinic Sc;i dm imr the season ol !Ml|. A closely similar
result is reached by carclul ixaiiiinalion ol all the repi)rtecl catches of l's!)!,aiicl of the
allidavits scattered throiiizli the Cases and < 'ounter-Casos of the Tnilcd States and (Ircal
Hrii.iin, whcrehv, deduct iiii: l:oiii the cateii staled in the- I'liited States' ( 'oimter-t 'ase,
•JS,()0,'i. Ihi- mimber of seals estimated to hrve been killed oil the Kiissian C(>ist>, j,s I", a
result of I'J'i.'Ml i- rcacluid. .Addinn to the computed I'litisJi catch in Hehrnii,' Sea dinin-
is'.ll, the imml)er of seals computed as killed in licluini: Sea by .\mericaii ves.sels in that
year, 4,!)'J(', the tct.d niimbcr ot seals killed and recovered within the .\wurd area in
Behrin^' 8ea for the season of Islti falls below •J8,()()(i.
'i he communication of the l-'orcign Oliice slates the total catch of Aineric;'.n ;ini.l
IJrilish vessels vvilliin the Award area, coinprisini^ the North Pacific in addition to
Ik'liring Sea, in J^91, as OS, 000. A careful computation made by the 'I'leasiirv
Department of the total catch I'or 1891, based on an (elaborate caiculat
ion ol all th
clo.-iii in tiio Ca.-e anij ("oiinter-Case of both (ioveri!mcni.s, e>tin:aKs th
inber ol seals known to have been killed within tlie ,\wurd area at -l.'"),0.)(i, Icavini
tviueiice
nu
di:
about l^'jOOO undetermined as to the locality of the slaughter. Takini;, however, tlic
•2'.)
TH"
.'ortli I'litiiic
•ictiii riir-«i'iil
iPI'iuil'" ciTiil'
(intiiiriril ill
1^ ii|i|ili('iitii)u
Xnu'iifan, ns
II tlif ti'iitli.
1 side* n\' flic
liii 'nlcntiilly,
iiitf'l Stuirs;
iiir l)fiu'tit or
icr ii'.;iiliiii(in
iniliir uatMic,
li (111- United
SC M .|)iiliv('
li<lr,uy, tlii'ii
) ciiilnacc ill"
I lie Amcrii'iiii
.irntly lit. the
|iii>;l|i(ini'il l>v
I illlll ItusxLi,
iiiMiiy scaliii!:-
i;;ic sl.iiinhli'f
;ic(i only tlie
■i, \Vf liavi- a
' till- Uilliiii; ill
|)n)|»n<iU()n nt
tiiKt ami have
" Atiierican "
sciisdii ill tliu
, 12,ni)l> lewer
riierc is fiond
M I'eliriiij; Sim
e;l a iiiuiilK'r
n islaixU ; tlii;
li, an- limited
)inul^atioii (il
iL'd tint 1)1' tlio
the -JDlh .lime
> w.iriHil went
lati>ties ill tlie
re so taken —
he (iedtielel,
tell ot r.iilish
eh>sc!\ similar
)!, and nl the
lies and (ireal
Ciiniiter-Case,
:'o\st>, :'i,s|". a
nil,' Sea diniu'^'
vi'ssc'ls in that
\\\aril area in
Anieriean -and
in addition tr>
the 'l'iva?iiry
;ii)n ol all the
(•>tiiiMit^s the
i.'i.MiUt, leavini;
.. however, tlie
fiKiiics as niven !.y the r.,i,iuii Oilier, (iVlf>0. and siibtraLdiii',' the mimher estimated
by other riimpntatioiiH hy the Tii-asniy l)f|.aitiMcnt to have hocii killed in |{ii.>ian
waters, H,\:\-J, ur ||.,v(! left .•):»,:)(;s as the maxianini eatch within the Award area for
The olllnal -tatement ,,rfhe eateh (or ls<jo_ ,.„nfained in tlie l{e|hMt of the fanadiaM
l)i|.artment "I Marine and l-i>heiies ercdits I I.SO.'i (,nt of a total of .VJ.'.'I'J to tlie A*iatio
shoie-. I he Ue|.iMt for l-!)l i;ivcs only n total of ;Vj,9I)r>, none hein^' fivdit,.d to Hii>sian
waters; neither doe.- the Kejiort of the |!ii:i-|, (\,nimi-sioneis of the eateh of 1>S!M i;ive
any nund.er as killed in .Miid water-. U hile admittedly these Uii->iaii eatelie> w-re
relatn(!\ -iiiall in thi-. year, and lanie may hy inadvertence have escaped the attention of
the Ciniiiiliaii anthoniies yet it i>, dear tiiat'lhe Mritish comimtntioiis of 1n!,| aiii |sll-'
are niiclK'd h\ dili'crent method-, omission, if not error, to the extent stated a!)ov( heinif
diMiiirily impntahle to the li-„re- ,,f \s{)\, |„ computing the ratch o> 1n!i4, the
iiisfriietiuiM.f ii,r_Koi(i-ii Otliie Mate, ti,at, r.o.oO'i seals were killed within the Award
area, inrlndin.: ir.rj.'s ;,> the caleh of American vessels. It should he reieinhtred,
hotte\rr, that 11, Ihi TieaMiry Depar inenl T die.-, from which the details mentioned in
Mr. Cresharn'- i.ofe of the •J.'ird Jaiinaiy were taken, (J,H,3fi skins taken hy Ameiieaii
vissids were -talcd .is iin(ieteri!.in''d as to location. Assuming.' that the-'e nnloeated
eatche., \\ere (dvidid LetAcen the American and A-iitie herds in the saou' |iro|i(.rtioii
as the other skins landed duriie^ the season of l's!)l at American ports hv United States'
ves.-el.-., we sh(,iil(i have (or the total catch within the Award area .')."),"':8';, phis t;,l;VJ,
or (il.N.'is ill all, upieseiitiii: tli ■ hodies actually recoveVi (I, di-reuardini; those killed lint
i.ot recAeiid, iroiii l\\o to (i\e ti.iies us many, aecoiding to the evidence heforc the
'rrihiinai at I'.iris.
'1 his total of seals killed and ucovered justifies the repetition of the statement
|)revi()i:sly made, that the pelagic catch within the Award area diiriiiL,' the la-f year's
fccasoii wiis the l.uu'esf in the history ot pelnuic sealini:, the nearest apnroxinntion hiinu'
Mie ^.season ot iN'H.iii whii'li. ( veii on the theory of the Hritish fi-iires, not more than
:).i..'i(;>s seals were killed and .-eciired. 1 In sit;"nificaiice of this eateh ol lS!J4will be
latier appiceiated wi.en it i- (iiiisidcred that onlv ninety-five vc-seis were emploved as
uuainsit 115 in \ii'.)[.
It is fuither contended in the Koreiira Otiicc note that tlie inerea-ed catch, with
jiropoitionatily hwer vessels, indicates an increased nnmher of seals in ls'.)f as coinpared
with ib'.)l, and cun!>ei|ni iitly a hetlor condition o( the fur-seal herd. When, however, tlu;
startling decrease of seals on the I'rihylotf Isl.mds pronounced hy experts lo be at least
one-hall since IW'ld — inken in coiimetioii with the ureal destruction of pups IVom starvation
on tiie islands last season, caused i)y the slauLcht : . 1 ;!ii;!- mothers at sea, is considered,
it will ajipear, as is ies|)ectfully siiiri^ested, conclusively demonstrated ihat tlie increased
calch is but n measure of the increased edieiency ol the crews ein|)loycd as hunters on the
.ca'.i.iir-vessels; that the seal herd is rapidly diiniiiishin;,' in numiiers, and that il. is ii'
danuer ot spctdy exlermination niiless cliaiiiics ai'c made in the Regulations cstahlished by
the I'aris Award as proposed hy this Government.
It is correctly stateil hy the I'orciLMi Olfice note that the catcli in the Award area of
lust sea~on outside of Hehrini; S..'a was less than duriim; the season of 1S!(.'>. It should
be remenihered, however, that it I'dU only a little slmrt of the catch of Is'.i:?, and that it
was taken dnrinu' lour months — .lanuary to April, while the eatch of IMW was taken
dnriiii;; seven months — January to July. The prohibition in the Award He;;ulafi(Mis of
pelajjie >e:di;i;,- during the months of May. June, and July, however, was calculated
undouoteilly io do much i;ood to the herd, and some favourable results mittht iiuturally
have h'.iii t xjiected early in the season oil the islands. Nevertheless, alter the sealini;
fleet had finished its work in Hehrinu; ."ea, the alariuin;: increase in the number of dead
l)iips found on th(-' islan Is (anuniritin:; by accurate estimate to about 2(i,0(lU) revealed
unmistakably the fatal error of the Award Kcunlatioiis in openitiir said sea to pelai;ic
sealini;. The tiiarvellously increased eHicienev of the pclai;ip seal hunters in the use ol
the shot-i,'un and spear, as shown by the eiKU'nious catches oi late years, ind specially of
the last season under the Awar<l Kegnlations, cannot fail, it is again submitted, lo spjcdilv
dc|tlete the fur-seal herd. This depletion has alreadv necessitated a retliiction of the
laii<l catches on Mie IVibylotl Islands ol s.') per cent, -inco 1M)I), .md the pelagic catches
must soon decrease in like degree on ])eiil of complete extermination. Reports of the
coast catches of the present sea.son of lbl)."> would seem to indicate that this decrease
is already ob.;crvahle. It is to be jiresumed, however, that for some lew years the pelagic
slaughter in IJchring Se:i, the great nursery of the fur-seal herd, can he maintained at
figures approximating to or possibly exceeding those of last year. '.?ut tlu; I'lid ear.not bo
far off. It is respectfully submitted that such slaughter as has taken ph.cc within tin,-
im
Ifi-t yo.ir largely of imisiiii;' I'c'i'iilcs — ad'or.ls concliis'vi' t-viiloiici' lliat llic l\('j,ulati()!is,
;is cvtalilisliod liy t'u' I'aris A ward, ai\' not irivin^- that nu'iisiirc of prDU'ctioii tliat the
Arl)ili"itors intrmlci!.
('i)inmc'reial oxti'miinalion of t!io t'lir-^cal li.al — Asiatii' a^ wrll as Aimricaii- Is
ituniiiu'iit. It is to Iw dccjily vci^ivttc !, tlicrcCori", that llcr Majesty's (loviriimcnt haw
(Icrlincd our |irn|iositi(iii-' for tlic a|>|iointnici)t of an Iiiti'riialioiial (!()iiniii:5sioii, and for an
oflioiciit modus virriuH. poiidiiii^ a nior<' o(in)]>roluiisi\(' A'^rconuiiit in whicli all t!u' jiariic"-
in ii\tcrcst may just share.
Whik' thus rric'c'tinu' the snjincstcd Intornational Commission and inndits virrntti, the
Fon'iu;n Ollici' instruction siiL^m'sts tliat IJcsidctit Aj^i-nt-. lie ai)|)oiiit<'d l)y the United State-;
and (Ircat Britain (o In* stationed oi. tin- I'rihyhill' and Conimander fs'ands, tiiere fo oki'm
joint invostii;atini) during the next, four years, and to re[)ort from liiuo to tinie is to tiir
condition of the fur-stui fisheries. A!thoa;,,'h tiiis Government firmly hpliovos tint, this
sn!;i.'es(ioii of Her Majestv's dovernaient is inado(|uate. and cannot satisfactorily tid<e IIk
|ilaee oi' .in international Commi>si;)n of Scientist-;, nor suoijIv tlio nix'd of all a<\n\ lor
in said widn.i, it is nnwilliuir to hlock tlii> way tc a hetler a|)|)roxin».itc unilcrstandin.; of
the iin|iMrtanl conditions of .sea! lite.
It is tliouiiht, however, tiiat the British sui?;:estion niiiy he advantatr^'.i.isly luodilii-d
in the interest ot" all eoiKcrned, and I am directed hy t!) ■ I'n'sident to make a new
|)ro|io.ition t/i llcr Majesty's (iovcrnincnt based l,ir:;i'ly nj)on that r.o'v nuhmittcd liy the
Koreii;n ()liic<', to w't : that thri'c Agents each la; .ippoinfed hy tile reS|H-ctivo (»overi!-
mcnts of (Jreat Britain, Kussia, .lapan, and the United States, twelve in all, who sliall lie
statior.cd on thcKnriK', Conunandt :•, and PrihylolF Islands re:>pectively ; that tlicsc .Aj^ents
he instructed to examine carel'nllv .ato the fur-se;d tishcry, and to rceoinmend from tinu'
to liaic needful ehanu;es in the Re;j;u!ations ol the Paris Award, and dcsirai)lo limitatioI.,^
of the land catches of each of the said islands. That withi'i foar yeai's they shall nrescnl
a final Report to their rcspc-.;tive Governmoiits ; ,in(l tliat, pending' such Keport, a. idits
rirriidi he cii!c,',"d into e.xteiidiiiL: tlie .\ward UclmiI itioiis alom; the line of the .'l.'itii deirvee
of north latitude from the Americui to the Asiatic- shores.
'flic ini|.'()rtaiicc of the suhjcct, of which, ) !:' (/ovcriimcnts interested must hy this
time Ic aluiiidaiitly convinced, leads me to hope for the early and favourahlc attention o!'
Mcr .Majestv's (loveimneiit to this ainendcd prr|i:)s.ii.
i have, iVi'.
(Si-ned) UH'Ii.VlM) (HAI'Y.
.\o. r.).
J'isrnnnf (iniii//i io tlif .V'/zv/J/fv.'- . ,'" .^Vf/.',v/'/n//. ~ (fh'crivpd Jiihi 1.').)
Aiv i.ord. Newiiort, Rhndr If'.'ind, Jidij I, ' -•!),■'>.
I II W'l' the 1 ' nour to traitsmit copy of a iiotCj d.ited tiie l.st in.sfant, from the
Actinii Sec'O'arvot State, coninicntini,' upon the inadctiuacy of the lueasurcs .idiptid In
Her Majesty's (Jovernnicnt for the patrol service of tlie Norlli Paeilic Ocean "lui
Bei rinii' Sea durinij tlie season of JSy.'i, and askin;]; for the more active and eflcietit
eo-ope:.iiion in enforcini;- the Ic^fislatioii concurrently enacted for cariyin;:? out the jirovi-
sions of fh(> I'aris .Award which tlie Tnitcd States' 'vovernnicnt lielicves it has (he ri,L;!i(
to es|)ect fiom Her .Majesty's (Jovermacnt.
Mr. Uhl also urircs that an early answtsr should be "fivcn to the notes addres.scd
l)v tlic Tnited States" (iovcrnmcnt to this Kndiassy on the 10th May and ■ Kli June
respectivi'ly transmitted to tlie F-ar] of Kimherley ii. despatches of the Ulst Ma • and
ITth .Iiine last.
In the, note of the ii.'th Alay, it was jiropo.sod that the oirryiuL' of (Iro-arms he
prohihited in'tiie Behrinir Sea, and tliat ill';u,al um' >!'n'! he [iresumod from the posses-
sion <if weapons whose use is iirol/ihited.
In t!...t note, it was also requested that thi' 'uitcd States should have permission
to appoint .Ajjents to cxnmiue all seal-sixini- laided at British <'olumi)ia jiorts.
In the note of the Mth .liine a reijiie.st Mas made tliat tite I'niled Slates he repre-
sented hy Counsel in proceedings tor the condemnation of ves,self, whether .seized hy
Rriti-h ir United Stales' otriccrs.
I have. iVc.
(Si^rnod) (fOUGJI.
31
oil tliiU. the
Liiu'vican- -is
.rniiicnl haw
1, and lor an
II till' i):\r!"u"-
N- vh'cndl, the
Jnitcd State;
Ik'Vi' to innkr
iinc as to the
vcs til it tliis
)rilv li.lvi- till
nil "a-Ur I loi'
.■r:5tai\iliii'.; ol
iisly modiiu'ii
inaUt^ a IH'\\
iuittcd liy tin-
•live Govei'i!-
who sliall he
th("^i' A^ciUs
•ml IVoii) tim;'
)lc limitutioi ,.•>
y' slial! DVcscMl
>l)ort, a "/"^
I iim.'t by this
lie altoutioii -.)'.'
) olAl'Y.
r,.)
(('// 1, '"-'.iri.
laiit. rmni llic
vc.'s atl''pt''<l I'.v
' ( >i'oiin ■"lul
iuid I'tncidil
out tlir iirovi-
l has the ri.i;'hl
otcs addressed
11(1 : \\\\ .fiino
•J 1st Mil- and
if fire-ftrnis hv.
oil) tl:e |lOs>^•s-
M-ive pi'vinissioti
lilies l)e reprc-
•tlier sei'/od by
•. \v.
(fUUGTI.
Iticlosiire 1:1 Nil, r.».
Mr. I'hl to ]'i^r'iiinl (in /li.
^h i''"'>l' Di-imiiiiirnl lit Sllllf, l\'il.lliiii:/l(ift. Julii 1, Isil.'i.
Vol!!' Hole (if tlioiinli May last, inCoriniiit,' nie l!iat llcr Majeslv's (Joveniiiieiit
hud desi;-nated liie naval vessel-, - Njaiphe " ami " I'lieasaiit " lo pal ro! that part of the
Norllt Paeilic Ocean and I'lehrin- Sea enii)iaceil within llie toinis of ih.' Award of the
Tiih;;!!:!! of Arhitralion darin;^ the scasui o,' I,S:».'>, was diiiy received and eonimunieatod
tt, llu! Se'Totary <d' the 'l'reasiir\, to wliose I i.'parinient the sapervi-ion of the e.irre-
spoudni^- eonlr.ij of liiose wateis nmh'r the Award and WoirulatioMs of the i'aii.-, 'rriiniiial
duly pertains.
It is prjiper, however, in the interest of tiie ellieient inlliluienl .if ihe nhiiualions
;-.f the respeetive ( lovernnienU nuiK'r ihe Award and l"iiidinj,'s of the i'.iris 'rr.lnmai.
thai the ailenlicMi of Her Maje.sty'-, ( iovcrnni"':': .^h<inid he drawn ;o liie olivimis ine(|Uality
and iiiadetjiiaey of the measures adopted hy lice; Maji-siy's (Jovcrnnieui lo that end, botli
with re:;ard to the work necessarily to he aeeuaiplirdie.i. and a> eonipare I with Ihe steps
taken hy tlie I'nited Stales' ( loveriiinenl ti the.^inu' en<i.
Tins discrepancy was especially marked dnrni:; the season of ISDI, wiien Her
Majesty'.- (ioveninient (Ii'.-,i,:;iaited oidy one patmllinu- ve-sei, Ihe '• I'iieasant," alllniu^jh
a nin.jority of the selnmiicrs en^a-ii'd in fiir-seai li>hii;;'- within Ihe Award area >\ere
nndir the Ihitish (la;;-, while of Ihosc which entereil ileinin!;- Sea less than (Mie-half were
Unilid States' >e.s>els.
in tliat yi'ar tw(dve I'nited 5»tat s' vessels were ilcMnnated hy liu" President to
patrol the Award area, vi/,., ilie " Moliicaii." •■ Heiininnlon," -Alert," " Kanu'er,"'
" Vorklown." "• Ad.nes," "Cdncord," and " I'eirei," tiu- reveniie-(MUter>, ••Corwiu,"
"' Rush," ami " Mear," and the l'"isii I Oniiid.-sio!! steamer - Aihat'o^s. "
'ihe expense attending the proenci; of tiie.>e ves-ids in liie North i'acilic Ocean
and Heiirin;;' Sea lor the si'asou of 181)1, exehisi\e o[' the pay ol ullicers jind men, and
also excliuiin:;- ration-, as lliS,gt)4 dol. 11) e.
For the jireseni season of is;),i» iln' di-erejtancy. alllmuirh less juaiked, i-> still
U'lfeworihy ; the conditions umler which .he patrol ot thdse scalin;;' waters is conducted
impose, in some respects. mor<! imerons duties upon the (.'ontraelin_!j; I'aities in the
>M()tection id' seal herds from illici'. destruction,
Tiieii! is i;ra\e reason (./ suspect thai d;tiin:x the apjiroachint,' season in IJeiinu;-
Sia, whic!: opens on the 1st An_mist, seaiin!j,-ve.-sels will laki' advantage of the rel'u^al
of the Ihilish (Jovernment to contiuut liie A;;r«'emenl of is. it. wh.teli providr^l f.u'
tlie s(.aiin:;-ui) oi' arms of .^ueh vessels while in iJehrini; Sea, tiicrehy inereasini;- the
demands upon the vigilance of the patroilinfi licet to detect I'vasions and inl'raeli(Mis of
{lie provisi(n;s of the I'ails Award.
In a Ikiport from the riiile;i States Kish C'ommi-^sion recently Iran-mitied to the
'J'reasury Ihparlment, it is ^taled ; —
" We may reasonahl\ expect a llcid of (itty-six ves>eis in lho.':e w.alers (llehriii;;
,Sea) lieiiiinliny I'eliriiii;' Sea, the sealers aj)pear uritilieil o\er the fad liiat
tiieir lire-arms cannot h:: scaled up. 'i'liey cmisidered 'lie .•.ealin:;' of arms a ;;re.il
iiaidsliip, and their satisfaction over carryin;; tiicm unsealed must mean a dcHermination
to use tliem whenever they ;hink it naie to do so. Some of iheni say that when the
djipan lleet heir of this they wid -end more \e-sel-. to tin.' --ea. 'I'here is little dmiht
iuit tl>at tire-arms, carrieii into tlie sea, will he usen."
While the sealm;; Heel in llie Award area is ahout tiie same in numhor-i as in IS|){,
the Hrilish ves.seis already cleared for the fur-scal lisherics oiituuniher the Aiiiericaiis
so cleaied in the proportion of alioiil twf) to one.
The United Slatis' palrolliiti;- licet fur *his season consists of seven vessels, viz.,
the reveni.-'-cniier.s '• Uush," ■• liear. " "('orwin.'' '• Wolcnti, ' ••Craiit." and ■" I'erry,"
and the Iwsii I'ommisMon steami'r •• .\lhalios>.'
In view of the vast aica to he patrolled, this (iovernmeni is constraineil to sny;iest
that the detail of two naval vessels oi:ly on the pari of Her Majesty's LJovernmenl is
lotallv iiiudeoiiate to Ihe performance of the jiroper ^haie of the work and responsi-
hilily\)f patrol, which necessarily I'ails to that (Iovernmeni.
1 am, therefore, moved to invite, tlirouiih you, the earnest aUenlion (d Her
-Majehtv's (.ioveriiinent to this matter, and to a^k ior the more atlive and ellieient
i!o-tiperation in enforcin;^^ tiie lo;^islalion concurrently enacted for carryin;; out the
provisions of the Paris Award, whicli this lioverument helieves it \u\> u ri',;hl to expect
Iroin Jlor Majesty's (.Jovernment, in view of tiie joint ohli<;[utiona which re«l upoii tlieiu
in thiH re^'ard.
■>'^-
Wl
While trcatiufj of tliis suhjeet, I Itey to lulvorl to the iiiH)ortiinfe of ol)tiiiniii;; from
Her Miijesfv's (•overtmicnt ii spccily answer touching;; tlie eliai);^i's proposed in tiie
scope of the I'aris Award, and ll;e practieai)le sii;;j;estioiu and requests coiiiaiiied in my
note to Sir Julian Pauneefote of the KMli May last, and in tiie note ol" Smrjetary
Olncy to you of the 14tii ultimo. I refer partieularly to the proposition in my note of
the lOtli Moy, that the earrying of lire-arms in IJthrinj; Sea he prohiliited, or tliat
illejial use shall he presumi'd from the possession of weapons, tlie use of whieli is pro-
liihited, as now provideil fur in Seelion 10 in the Act of ('<>n;;re-s ofliie titli April, ism.
ami MS was ft)rmerly provided for in the IJrilish Hehrinu; Sea Art of 18'Jl and the Seal
fishery (North Paeiiiei Aet of ls<.K3.
'I'lie in)le of the 1«Uli May'Mnrlher retpu-sled permissimi to ;ip|)oiut I'Xperts <in the
I'arl of the (Jovernnienl ot the United States to rxamim- all seal-ckins landed at
IJrilisli ( "oiumliia parts, with re:;aril to se\, mode of f.'au;;lit''r, \'e.. the residis found
liciufj compared with tiic lotf-hook entries. In the note of the 1 llh Jniie, a reipiesi
was made that t'oiinsel in repre-<entation of the (loviTtinient of the i'liited States Ix'
admitted in eondenniiition proeeedin^^s of Vi'ssel* sei/e(i hy I'nitcil States or liriii>h
oliieers.
'I'he foren'oini; su^^uestions hein;j partieuiarly appliealtle to IJehrin;; Sea. where tiie
Keasoii opens on tin" 1st Auy;ust next, it will he hi^'liiy desirahle to have a di^tinel under.
Htai'.dinji- \\\v.)\\ the suhjecl reached hefore that time ; ami I tiiereforo renew the previous
re(|Uest for an i.aily answer.
1 liavi', i\:e.
(Sii,Mie<l; E. l'\ UllL,
.tctiiK) Strri'ldi I/,
1-* ''
No. 20.
'i III- Mm ijiirns (if Salisliiin; to Visrotiiit (iiiuijh.
M> Lord, ForvKjn Oj/ii:e, Jiihi 22, T^On.
I ll.W !■! considered, in eomnuinieafiiiii with the ."'ctretai y of State for the ColonifS,
the note fioni .Mr. I'hl, (jf wiiieh a copy wa> inclosed in \our 'lespateli nt the I2tii
ultinio, with regard to the relusal of iler Majesty's (Jovernment to renew the ai^reeuiciit
lor the M';dirr.;-up of arms :ind other impli-ni'.'nts on hoard scalin^-vessels.
I have t(j instruct u)ii to address a i.ol'; to the United Staie->' (JovcruuK'ni, stating; that
the Airaiii;eMic;it of IMM on tiii.-. subject was altogether out.sidc the purview of the Order
ill Council of that year.
Under that Arraniicment im iulinn was c<iii;cniplate(l execplini; on tin- upjilication of
tlic uuixter of the si.alinL;-vc-<sel. Con^ccpicntiy, no executive measure was rccpnred in
r. >^pcct of it, and. so far us llir .M:ijc-,ty's cruisris were eoiKcm-d. any acfUMi talvcn was
nn<le;' tic in>tiuctii>iis issued hy the lioard of Admiialtw
You will point out that the inl'cicnce wliicli Mr. Uli! diaws from ihc idi ntity of
the Ordir ii, ('i.uticil -.1 this jcar with that of iHOt cMiimit, in the ei-eu'estances, he
su-tniiicil.
I am, Xt-e.
(Sign.. I) SALlSlUiltV.
.No. Jl.
7''(" Miiiijiir-s III Sni,.\ltiiiii til I'Iscnuiil Gouijh.
M V l,..rl. I'd.iii/n ()//iii; .hilij 2!>, ISH,').
I ll.W'l) icicivcd lud eoiisidered, in eoiwultation with the .Secretary of .Stale fur
th.' t'i'luiii'>, your ilespiiteh of the "J.'^lh ultimo, contaiidm; a new proposal I'rom
the I'liilid Slates fiU' tlie appointment ol three Aj,^ent.-. iiy (ircat Ih'ifain. Ku,>ia. .Iap:ui,
atui tic rniit d States respectively, to he stationed on the K'u-ilc, Cocaiamf •■, and I'ldi} loli
Itdiind.-:.
In :hi iitite, uf which y<m inelnse a c(i|)y, Mr. ( lliuy criticises at Itii^th the ligurus
lelatnm to tlip catch of Bcals in successive ears, wliieh were ','ive'i in the dc ^patch to
Sir .1. I'li'.iucetole ol ihi' I7fh Mav Those lit,Mre^, as .Mr. ()ln(>y M.ites, were taken
from the t'anadiin Ollieial lliturn-. the estimate of the total catcli of |.'S'.)1 (Drilish
and Ainericnn) heiuir that of tlic llritisi) Hehring Sea C'oninvssioiiers. The mlutement llmt
• 8to Xo. 79.
T""^
39
a small ;ort of tlie catch of 1891 was actually made on the Asiatic side of Behring Sen
will be rcfeiTed to the Canadian Government for verification.
With tiiis 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' Government that steps
are being taken to investigate this particular point ; but you should state, at the same
time, that in any ca.se their criticisms do not appear to invalidate the contention of Her
Majesty's Government, that there has been no such alarniins,' increase in the pelagic catch
of seals ou the American side as to justify 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. Notliin;^ but the nlisolute concurrence of the two Governmjuls in the
necessity of a oliange, based on new and unilisputed facts, could, in the view of Her
Mujesty'> (loveininent, justify any departure from the Regulations prcMcribed by that
Triliunal before the time appointed under the Award for their revision, should such revision
then b(! ealled for.
You should point out that even on the figures given by tlic United States'
Governnifiit, the catch of IS'Jj, on the .American side, was prnctically the same as that of
1894, iiiid tliat the greatly increased dexterity with which the scalers are credited, and
especially llic fact that tlio I)ulk of the catch was made with spears instead of fire-arms,
justifies the conclusion that the catch of 1894 was secured at less cost to the herd than that
of 1S!)1.
You are authorized to state, in reply to Mr. Olney's note, that Her Majesty's Govern-
ment c;uiii()t recognize that Russia and Japan have any interest in the seal fishery on the
Ami-rieiii side of the North Pacific, and that they cannot therefore take part in any
inijuiry on the I'ribyloU" Islands in which those Powers are associated, but that they are
ready to appoint at once an Agent to inquire conjointly with an Agent of the IJaited States
alone, as already proposed ; and they would also be ready to consider any retjuest from the
two Powers concerned to join in an inijuiry on similar terms with Russia and J.i|)an
(t?spcctively in the Commander and Kurile Islands.
I am, &c.
(Signed) SALISBURY.
No. 22.
The Marquess of HuUsbuiy to I'iscount Gouijh.
My L)r(l. Foreign OJficr, Auijiist 10, IS").").
THK liarl of Kimbcrley, in his telegram of the Uth .May, rcciucsled Sir .1.
Pautieet'ole to inform Mr. Gresham that Her Majesty's Government were unwilling
to renew the Agreement with the United States of the I'Jth -May, I'^'Jl-, relative to the
Hcaling-up of arms on board scalers during the close season in Bchring Sea, because
the pos^r-siiin of arms was not cimtrary to the Award of tho Paris Tribunal 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 f.ealers from
unnece-sary interference.
His Hxcellency was also requested to remind Mr. Gresharu that United States'
naval otlieer.-. have no right to seize iJritish sealing-vcssels except under the Order in
Council for otlenccs against the British Act of Parliament which «'mbodies the Award
Regulations.
The circumstances in connection with t!ie seizures of the " Wanderer " and
" Favourite," above referred to, have been most carefully considered, after sinrc delay
occasioned by the necessity of obtaining full information, including Reports from Ailmiral
StcplieiisDn, the Conunander-in-chiet i>n tlse North .Vmeriian Station.
The " Wan.krer," while in the waters atleeted by the .Vward, and during tiie closf
season, was Iriarded, and the nmster tvained by an otlicer from the United States' steamci
" Yorktuwn ' of the provisions of the Award Act.
A certain quantity of arms and unnnunition wan sealed up, and the master signeil a
statement that the lire-arms, &c., then produced were all that belonged to the vesel or
to any per-<on attached to her.
The seal-skins on board were counted, and the number amounted to 4»().
On the same day the vessel was again boarded while within the Awnrd area bv aa
fi
w
m ^
t' -'i ; it.
I ^f^lJt
- M^
*^ : 1 ■
34
officer from the United States' steamer " Concord." The seals placed on the arms in the
morning wore found to be intact, and the number of seal-skins on board corres))ondud
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, wliich 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 Unaiaska, and handed over to Her Majesty's Kliii>
" 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 liehring
Sea Award Act, 18'.)4,' clause 1, i)aragraph 2, and clause ii, paragraph li, as well as of
section 10 of the President's Pniclamation."
The jnastcr protested, one of his grounds of protest being that the gun and ammuni.
tion were the private propoify of the tnato, and had Iwcn hidden without his orders or
knowledge. The master also said that he wan making direct for St, Paul, a port in
United States' territory.
Admiral Stephenson, the Commander-in-chief on the North American Station,
having, after due consideration, come to tlie conclusion that the vessel could not be
successfully ])roseouted. decided not to take j)roceedings against her, and directed tiiat
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 tiie amount of the market value of l,()fK)
seal-skins, 250 dollars on account of (hunage done to guns through sealing up, and
120 dols. oO c. paid for provisions, with interest to be added.
The "Favourite" was seized by the United States' war-vessel " Mohican " while
sealing in liehring Sea during the open season. 'J'liero were no fire-arms on board
with tlie exception of one rocket-gun, to bo used for signalling purposes, and this
ap|)eared on the ship's manifest, signed by the Collector of t'ustonis at Victoria.
\Vhile the schooner's jiapers were under examination by an ollicer of the " Moliiciui "
the master produced the 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:—
" Bdarded the • Favourite.' Found V.g correctly kept. No violation of Kegulations,
as per log. One shot-gun unsealed."
'i'iie " .Mohican " steamed oll'aluiut 2 miles, but returned. The same officer boarded
the " Favourite " again, and ordered the master to take the schooner's pa])ers and the
signal-gun on board the " Mohican." There he was informed that his vessel was seized
for having fire-arms on board.
Lieutenant Wadlmms, who was in command of the " Mohican," stated the grounds
for seizure to l)e that the vessel had on board a double-barrel shot-gun, which was found
upon trial to carry No. 10 gauge cartridges, and to shoot accurately at least M yards,
and that the po.isession of this shot-gun was in contravention of Article G 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, with a pistol-handle grip of
9 inches, and quite unfit for killing seals. Not only was the gun mentioned in the ship's
manifest, but the master stated that he was verbally authorized by the Custom-house
official at Kyu(|Uot, where, previous to the opening of the fishery season, his fishing
implements had been .sealed up, to carry it and rockets unsealed. Moreover, Comnninder
Hunter Hlair, of Her Majesty's ship " Pheo-sant," and Captain Clark, the Conmiander
of the " Moidcan," had agreed to authorize sealing-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 seized.
No cartridges, or shot of any kind, wore found on the vessel.
In spite of the master's protest a prize crew was placed on hoard the steamer, by
which she was taken to Unaiaska, 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 Bchring 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 rcqaested that the schooner should be
released.
nPip
88
The master has preferred a claim for 22,430 dollars, the amount at which he 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 tbe statements of the United States' naval officers themselves, that no evidence
existed of any unlawful fishinp: operation on the part of cither 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 highly improliable that after Iiaving lieen 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 no cartridges or shot of any kind were found on the vessel
affords ])resumption 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 t *.atemcnt8 made by the United States' officers of the grounds of seizure show,
moreover, /uat in both cases they relied upon that part of Section 10 of the United States'
Act of C" .gress which reads : " or if any licensed vessel shall be found in waters to
which thii; 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 efi'ect 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 cither 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 tbe British Act of
Parliament, which embodies the Award Regulations. Those Regulations do not prohibit
the possession of fire-arms, nor do the Behring Sea Award Act and Order in Council of
18'.)4 contain any provision corresponding to that in Article 10 of the Act of Congress.
A duly authorized officer of the 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, liut he is not warranted .'n 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 o[' both tlie " Wanderer " and the " Favourite " was grounded on
what, even if it was an otience against the United States' law, was not an ollenco 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 consideration to
which they are entitled.
You will read and give a copy of this despatch to the Secretary of State.
I nm, &c.
(Signed) SALISBURY.
No. 23.
The Marquess of Salisbury to Viscount Gowjh.
(Telcgrai)hic.) Foreign Office. August 29, 1895.
WITH reference to your despatch of the 17th Juno, please ascertain and report
by telegraph t^ hether the presence of Counsel on behalf of tbe United States' Govern-
t63«] F2
36
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. 21.
Viscount Cough to the Marquess of Sulisbury.— {Received September 7.)
My Lord, Newport, Rhode Island, August 19, 181)5.
] HAVK the honour to acknowledge the receipt of your Lordship's despatch ot
the 29tli ultimo, containing the views of Her Majesty's Government with respect to the
new proposal from the United States for tlie appointment of three Agents hy tJ'cat Hiitnin,
Russia, Japan, and the United States respectively, '.u l)e stationed on the luirile, Corn-
mander, and Pribyloff Islands.
1 have tliis day addressed a note to Mr. Ohie'^, embodying the views of lier Majesty's
Government concerning this new proposal.
I have, &c.
(Signed) GOUGH.
No. 25.
Viscount Gough to the Man/ueas of Salisburif. — {Received September '2\.)
i^Iy Lord, Newport, Rhode Island, September 7, 1893.
I IIAVJC the Iionour to report that I was received this afternoon by the Scciefary of
State at hi* house in Boston, and read to him your Lordshi|)'s dospiitcli ot" tlie
Ifith idtimo relative to the claims for compensation made by the owners of llie Ihitish
ships *' W anderer " and " Favourite."
Mr. Olney said that he would take these claims into consideration.
I have. «S:c.
(Signed) GOUGD.
No. 20.
Sir J. Paunce/ote to the Marquess of Salisbury. — (Received September 24.)
(Tolei,'i'ai)hic.) Washington, September 23, 1895.
\\'l'rH reference to your lordship's teligram of the 2!)tli ultimo, it is desired
by United States' Government tiiat Counsel representing their (jovernnient, in cases
such as those referred to, receive permission to examiite the pleadings, be |)vesent at
trials, to make to the Government Counsel such suggestions as may seem necissary for
protoctinj,' the interests of the United States, and for the proper enforcement of the I'aris
Award.
it is, of course, understood that in similar cases before the Courts of the Unitid States
liki- courtesy l)c extended to Counsel representing British interests.
Ai
No. 27.
Viscount Gough to the Marquess of Salisbury. — {Received September 2l.j
Ify Lord, Newport, Jlhode Island, September VA, lb95.
W ITU reference to Sir J. I'aunccfole's despatch of the -Ist May and to previous
conTS[)ondence respecting the refusal of Her Majesty's Government to renew the arrange-
ment for placing under seal tlic arms and ammunition carried by British sealing-vessels,
I have the Iionour 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 Ciiptain Hooper, the Commander of the United 8tatc«' patrolling Hect in
the Behring Sea.
Captain Hooper states that the masters of twenty-eight British scaiing-vess'jls,
at ore time assembled in Dutch Harbour, formally applied to him to have their arms
37
placed under seal, nnd were unanimous in recognizing the advantages of sucb a
measure.
Mr. Adee observes, however, tliot Captain Hooper, acting in accorduncc witli his
instructiotis, declined tu accede to their request.
I venture to call your Lordship's attention to the stntemont ot the conclusion of
Captain Hooper's report, viz., that seals are not unf'ri'(|iiciuly, when killed with spears,
found to have gun-shot wounds previously received, and that "these wounds on the skin
might raise a presumption that tire-arms had been illcijally used by their capturers,
unless the innocence of the capturers were nuidc nmnitist bv the arms on board being
under seal.
I have, &('.
(Signed) GOL'GII.
Inclosurc 1 in No. 27.
Mr. Adee to Viscount Gough.
My liord, Department of Slate, Wasliiiifjton, Septrmhrr 11, I^Oj.
IN connection with the Depaitment's note ot the 18th May last to Sir J.
Pounccfotc in regard to the action of li.e (ioverinnent of (Jrcat Britain in refusing to
permit British sealing-vcssels to have their arms and e(|uipnient placed under seal by
naval ollicers. I have the honour to transmit herewith an extract of a rcpoit to the
Secretary of the Treasury front Captain C. Hooper, commandini? the I'luted States*
patrolling fleet, dated Dutch Harbour, Alaska, Sth Augu«t, IS'jrj, in which lie states
that at one time during this season there were twciity-cM!;lil British scaling-vcsscls in the
harbour, and that they formally applied to him to have tlicir arms and e(|ui|)iiient placed
under seal, but that, acting in accordance with his instructions, he declined to accede to
their request.
In view of the fact that the IJrilish (Jovcrnment has conununicated to th.it of the
United Slates its relusal longer to permit tlie sealing-up of arms and equipment on scaling-
vessels on tlie u;round that such iUTan-.;cment had not worked satisfactorily in pra:tice, 1
desire to call to your attention the further statement of Captain Hooper in tliis report, that
said British masters were unanimous in their desire to have their equi|)ments placed under
seal, stating that the refusal of the British Government above referred to liade.\p'j«*eil them
to unnecessary rir'i.
I have, «&c.
(Signed) A. ADKE.
Inclcsure '2 in Ko. 27.
Captain Hooper to the Secretari) of the Treasury.
United Slates' Rerrnw-culter Serricr Steamer " Rush," at
(Extract.) /'"'' "/" Dutch llarbour, Alaska, Aufjust 8, \^\}'}.
I'"()IITY-S1X soil of vessels were at anchor in Dutch Harbour, mclndiiig the seven
that arrived previous to our sailinu:.
These were boardetl and exannned by the " Rush " and " Grant." Thirty-nine proved
to be scaL-rs eleven American and twonty-eii;lit British. Of these, six American and
twcntv seven British vessels were from their home |).>rts ; while five American and one
Britisii vessel were from tin* .Fai'an coast.
All vessels from their home ports were without guns liaving taken the precaution to
leave them behind. Several of the masters had a revolver, wliicli they desired to Keep for
self-protection.
' • • • • • •
The masters of the British vessels applied to have their s|)ears, guns, and revolvers
sealed np, but were relused.
There were so many expiossions of dissatisfaction at this, that otficers were sent to
moke a canvass of the British scalers to ascertain how many were in favour of having their
arms secured under seal. ,
They were found to be unaninious in favour of it, and all stated that the relusal
of tiic British Government to allov it done exposes them to umicecssary risk. They say
;:
Si.. ' * I
88
it is no uncommon thing to spear a seal that has previously been shot ; and they under,
•tand that the presence of sucli on board a vessel currying unsealed guns furnishes grounds
for sei2urc.
No. 28.
The Marquess of Saliaburi/ to Str J. Pauncefote.
Sir, . Foreign Office, September 27, IBOo.
WITH reference to my despatch of the 10th Aujjust and to other correspon-
dence rciatiii? to the seizure of (ho sealing-vcsscla " Wanderer " and " Favourite "
by United States' cruisers, 1 have to request your Excellency to inform the United
States' Government tliat British naval ollicors will decline to take over any British
vessel sci/.ed by an American cruiser unless the declaration of seizure alleges a specific
ofl'enco 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 pot>. 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 propotal for the inspection of scals-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.
Inelosurc in No. 21).
Sir J, Pauncefote to Mr. Olney.
Sir, Newport, Rhode Island, September 24, 1895.
WITH reference to your note to Lord Gough of the IStii instant, in which you
renew the inquiry contained in Mr. Adec'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 Mic stationing of United
States' Inspectors at British (Joluinbian {loits for the purpose < : /crifying log entries of
British sealing-vessels, and examining the skins as to sex, witij 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 1 ler Majesty's (iovernmcnt to tliat proposal, as well as to
all the other proposals contained in Mr. tiresham's note of the I'Srd January, and
Mr. llhrs note of the lOtli May, had been substantially conmiunicatcd by me to .Mr. Uhl
on the 27th !ilay, when I had the honour to read to him, and to leave in his hands, a
copy of tiic Earl of Kimberloy's despatch to me of the 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 Her Majesty's Govern-
ment, on the ground tlial the matter is already provideii for by the Award Regulations,
the sealers being bound thereunder to keep n record of sex.
Tno proposed examination by Inspectors would, therefore, only be of use in the
case of skins taken outside the Award area, which is not a nuittcr of special concern.
• Sec Nn. 10.
30
1 regret that the reply of Her Mnjcsty'g Government to the proposal in question
kIioiiKI not have been nindu more clcnr, iind that it hIiouIiI have remained in any doubt at
the Department of State, during the period ot my aliscnee.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 30.
-S"/r J. Pauncefote to the Marques% of Sallsburtf. — {Received October 28.)
"My Lord, Waahinaton, October 17, 1895.
WITH reference to previous corrcspoudcnco respcctii.? tho seizures of the British
scaling.vesst'ls the "Wanderer" and " l''avourite," I luive tie honour to forward liorewith
to your liOrdsliip copy of n note, together with its inclosu-.e, which I have received from
the Secretary of Slate on tlio 8ul)ject.
The inclosurc gives the report of the Attorney-General of the United States on the
elniuts, which \a adverse to their validity.
I have, &c.
(Signed) JULLVN PAUNCEFOTE.
IncloBuro 1 in No. 30.
Mr. Olney to Sir J, Pauncefote.
Excel loney, Department of State, Wushinijton, Oc/oter 14, 1803.
UI'jFL'URING to the claims preterrcd by Her Majesty's Government for compensa-
tion for alleged unjustifiable seizure by United States' cruisers of the British sculing-
vi^HcIs (he "Wanderer" and tlie "Favourite," which claims were brouglit to the
attention of this Government through a despatch of tiie Hritisli Foreign Olfice to
Lord Oough, read, and a copy ihereof given to tlio Secretary of State the (ith September,
18<jr>, 1 have the honour to state that the (piestion of the validity of such claims, and of
any lial)ility of this Government on account of such seizures, has been submitted to the
Attorney-General of the United States for his opinion thereon.
The opinion of that oHlcer, copy of wliich is appended for your information, is
adverse to the validity of the claims, and rests upon considerations of such conclusive
nature nnd elTect that the result, it is believed, can hardly fail to be acquiesced in by
Her Majesty's Government.
I have, &c.
(Signed) IIICHARD OLNEY.
Inclosurc 2 in No. 30.
The United Stales' Attorney-General to Mr. Olney.
Sir, Department of Justice, JVashington, October 3, 1S95.
IN the matter of the claims presented by the British Government for damages on
acccunt of the seizure by United States' cruisers of the British seahug-schooners
" Wanderer " and " Fuvourite," I have the itonour to give my opinion, as requested by
your letter of the 27th September.
It ap|)ears from the letters of the Secretary of the Treosury to yourself, dated tlie
12th June and tiic 24th September, which you inclose, that these schooners were seized
by American cruisers, one in the North Pacific Ocean 0th .lune, 1894, the other in
Behriiig Sea 24th August, 1894, nnd delivered to British naval otllcers with a written
statetneiit of the facts upon which the seizures had been made, which officers, without in
anywise invoking the action of the (Courts, released them, having reached the conclusion
after investigation, 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 examming Magistrate or
Court to determine whether the accused vessels should be subjected to regular judic'il
i '■ i
i
:m
40
¥
inquiry or not. So acting, they Becm to Imve held that the statcnients of tiie United
States' Commanders, as well ua the lacl!i developed hy tliuir own investigation, failed to
show eviMi probable cases of violation of tlic laws tor tlic |)n'servation of the fur-'icals,
passed in pu'suance of the Award of tiie Tiibuiiivl of Arbitration at I'aris under the
Treaty betwion 'he United States and Ore;it Britain, condudod at Wa^liiiiiitoii 2'Jth
February, IVJ-'. (See Act of I'ailiamcnt, 'J3rd April, 1894,57 Vict., cap. •_'. -U L.U.
Statutes 4.)
The statements made and drlivcrcd by the Unili-d States' oinccrs weri- to the ctiecl
that proiiibited and unsealed fire-arms, toi^cthcr with lar^e niiinbers of seaUskms, were
found on board the seized schooners. In Ilie case of llie " Wanderer" at Kast there wore
other circumstances of suspicion, such as evasion and concealment. The allei^ed ilelects
in these statements were that they merely set forth as |,'rouiids of seiiure the tacts above
statcJ, but did not specilically assert that sjals had actually been taken contrary to law.
In other words, considerini; the statements as pkadin;;'', tht-y set lorth mere evidence and
not the ultimate tact.
I find nothins^ in the Brilish .Statutes, or in the ord'Ns and instructions issued for tin-
due execution thereof", wiiicli recjuiri's any formal chari^e by oilic .is making seizures.
"An indorsen-.ent of the grounds on which it was seized" on the eertiticate of the vessel
is required when it is retunu-d to enable the vess;-! to |)r(>cee(l to port for trial (.'J7 Viet.,
cap. '2, sec. 'J (I). Section I'J of the Act ol ('oui,'rvss, authoiizini,' si'izures of Amcricin
ships by Hritish oilicera, provides for the delivery with the ship ol " anv witnessi's and
proofs on boartl.'* ^Aet approved 'Ith April, 1891, 2"> Statutes, j2,) Tiic instructions of
the Secretary of the Navy to the C'ommaiulcr of llie United States' naval lone in Hehiinij
Sea, dated 4th May, l»'.(4, a copy of which was sent i)y tlu* Secret. try ol Stat;' to the
British Minister (Senate Ex. Doc. li", 53rd Congress, ;!r.l Session, p. TJl), required tiie
Commanding Dtticer making the sei/.ure to draw up a declaration in writii.LT, and deliver
the same with the vessel, wiiether such delivery should be made to Hriti>h or American
authorities (id, I'JC). 1 have found no similar recpiirement in the British .Act, Orders in
Council, or Instructions, and the declaratioiM directed by the instructions to .American
officers were merely intended to carry out Section 1*2 of the Act of Congress. These, as
well as the indorsement on the certificate above meiititined, were inaiiile>-ily requircil, not
for the purpose ot justifying the seizures to other naval ollicers to whom livery nn^bt ')e
made, but to indirate evidence for use in the Courts where proper i . irges would be
formulated from the evidence |)roduced. As all seizures are to be made !>y ntval ollicers,
and the vessids seized delivered to other naval ollicers, when not taken <lir<;( t to the judicial
authorities, it could not have been expected that the niceties of legal procedure should be
observed in sueii statements.
The authority of .\merican crinsers to seize Ihitish ships is found in the Act of
Parliament abnved cited, ai\d in the Orders in Conned authorized thercbv, which bear dale
30lh April, ItDI. Si-ctto!i I of such Orders provides that American otHcers may "seize
and detain any IJritisii vessel which has liecoine liable to be forfeited to Her .Majesty
uikIvp the provisions of the recited Act, and may tiring her for adjudicatiiiii lu-fori' any
such Ihitish Court of .Xdmiralty as is relerred to in section Iti^ of ' 1 he Merchant
Shi|)ping .Act, !8.")4* I'wai-h section is set out in the second Schedule to the reiiteil .Act),
or iii.tv deliver her to any sucli British otiicer as is nienlioned in the said section for the
purpose ot being dealt with pursuant to the recited Act." The mode provided by the
Behruu Sea .Award Act lor dealing with vcssils so seized is to subjict them li legal
procL'c. lings in the British Courts (second Selieduh', siction lOd). Siclion '2 d' "-aid
Ordeis in Council, which relates to the conduct ot British cruisei"s seizing American
vessels proviuci. that '■such otiicer, after seiziiig and detaining a ship of the Lnited States
in e\eiei>e ot the said powers, shall take her tor adjudication before a Court of the United
States liavmg juriMliciion to adjudicate in the matter, or deliver her to any naval or
revenue othcer or utiter a ihori ies of the United .•itates." While it is not explicitly
stated, it IS mauitest that the intention was to sulistitute dilivery to the naval authorities
of the country to which the vcssil belongs in place of delivery to its judicial authorities
merely lor eonvenieiue, and not fur the purpose of dispensing with legal proceedings
or hasiu^ a trial by such naval authorities instead. Such delivery is a mere transfer of
custody.
The law of each country rci|uires that its vessels, when seized by its own cruisers,
shall bj brotiglit into Court for ailjudieation (second Schedule, Act of Ccuigress, supra,
sees. and ! i), and intended to give to the cruisers of the other country the same rights
given tnoie of its own (.\ct of Parliament 3 (■'<), Act of Congress, sec. 1'2).
1 1 may be sug-^estej that the Cuuimander of u cruiser conducts an investigation in
decidin;; vvhethcr to sci^e or not to seize, and further that, after seizure, he may revoke his
M
di'ciHioii and ruleiixi'. Miit two tliiiiu'!^ would pivveiit tliu coiulusiDii tlitit ii navitl officer,
to wIkiim di'livciy \n iidhU- oI n vi-ski'I m-j/imI under (Id! |)ri)vi^itins ot'llie 'IVfiity, has |iiiw'ei'
citluT to rt'vii'w or to invi-sti'^ato uncw. Oni' is tin- spiiit >>{' coinily ttliown liv tlic Acts of
botli i-onntriL's, wliicli i'e(|nii'cH a (aiiistrnctiiMi lliciciit not iiKoiisi'tent witli iniittial
contitli'iKX' and lespict. The other is that the |iiiwei' tjl' iliitish othceri* receiving sei/ed
vcijm'Ia I'roin Anieriean crnitn'm Im e.xpi'o^ly limited to iiniiiiin^' them into ('unit for
adjudication. (Orders in Conncil, sec. I, second Sclieilidc, IK-liiini; Simi .\vvaid .\ct,
sec. lO:-..)
Niillnii;^ is said in the Act of cither ciujiilry ahont li.d)ility lor wron^lul si-i/uics. ll'
it III' cdiu «'di'd, upon principles nl comity or otherwise', that sucii liuhility was conU'iuplatcd,
it inusl he assunii il that hotli countries had in mind the welUscttled principles of tin; lu.\
coimniin to hoth relative to such liability.
Whde llie .Acts of hoth countries are, of course, directed only ai;ainst i.etnal ea->es ol
nnlawtu! seal tishin;;, it would he absurd to linnt the riu'ht of sei/.uru tii.reby inferred
upon e.icli nllier's cruisers to vessels caiiyht in the act. In all other lases action
must (lepciid upon evidence ami iiuli' ations. This \\. is i'eeoi;ni/ed by the autlioritie-. of
both countries. Si e insiiuetioiis of Secretiiry nl the Navy, .m//(I(», p. lllli. w hich adopts
from " Instructions Id IJrilish cruisers as to sei/.uie " sent hy the Ihiti^h .Minister to i!ie
Secretary of State (Senate Kx. Uoe. xuiini, llti) the lidhiwiiii,' ; " Whether ilie vessel lia*
been enaa>;ed in luiiitiii:; yon must jiidije trt)m tlii' presence ol sial-skins .ir bodies ot seals
on hoard, and oti.ir cirenmsianees and indieatimis." Tlie possiliiliiy ot" inist.dxcs iu sneh
eases is well known. Certainly it could not have been intended ny (Jriit Uritain to have
liability lor wionuful seizures by Americun othceis depend upon any ditlereiit rules Irom
those expressly made applicMblo to seizures by its own. These are merely the rules of the
comiiion law in the analogous ease of t;rouiidless anest or prosoeiition liy tJie civil
autliDrities. There is no li.ibility in any ease where leasoiiiilile i,'rounds fur the seizure
are shown, even when the Court has tlisehar|^ed the vessel. (Second Seliednle, .yiijiru,
see. 10;{.)
The schooners in ipiestion, iiavin^ been seized by due authority, have never been
lawfully diseliarijed. It is not even siii,'j;ested that the .VuuTiean ollieers who made the
.seizure^ did not act in ^ood faith, and they seem to have acted on reasonable i;r>>iiuds ol
suspicion. My opinion, tlicrefore, is that the Sei letary ol the Treasury is rit;bt in huidiiij!;
that there is no liability for damages on account of such sei/.uies, assuming th.it then
was, in fact, no violation of law by either (.f the sehooners si i zed. While voluntary
release by ihc seizini; ollieer iniuht dispense with judicial diseliariic as one ul the eonililioiis
of liabiliiv, tills would result only because such release wmihl li' an admission i)f innoceii'e.
It will hardly be claimed that the release by Kritisli naval otficers operated as an alinission
l)y the Aiiu'iie.in otficers wiio inaiie the seizure.
N'erv respeetfullv,
(Signed) .M l>s()N II.VItMOX
AllorniifUi'iivinl,
^ • 1*
M'
own cruisers,
Duress, supra,
No. ;ii.
.Vi/' ./. I'uiiiiiffdtr III ihv yimqiiesi of Sitlisbunj, — {lircvived rrbiunnj '20.)
My Lord. Wnithniijhm, Fihiunrij II. l.SItti.
I llA\ri iIr hiuiour to forward herewith to your l.ordship eo|ty of a note whieb I
have received from the Secretary of State, containing a leipiesl that Mer .M.tjesty's (Joverii-
meiit will noliiy the Hritish Culuinbian sealinji-vessels to keep a record of all nursing
fciiiule seals killed durim: the coming .season in Ikdirin:; Sea.
I have (orvxarded copy of the above note to the (Jovcrnor-Ueneral of Canada, lor his
Kxcclleiicy'a inlurnialion.
1 have, &f.
(Sigii.dj .IIJ.IAX I'AlNCKt'OTK.
'. .1
^
[038 1
4S
TmcIohiht ill Nil. ;U,
^^l^. Oliifi/ til sir ./. I*iiiini f'lili'.
HxcrllfiH-x . Ih-iiiirlinnil nt' Sliih; i\'iiii,iiii/l(iii, hVlinim i/ t\, jSiM}.
I II.W'l'. tlic honour to iv<iiu'st, in vicv nl a li-tiir IVoni llic Sicrttury ol (lii>
'riiiiMiiy (il till- ;<!•(! insfiiiit, tliiit Hit Mnjcsty's (Juvcrnimnt will notily tin- Mriiiiili
♦'olmnltian scaliii'^-vcsscls to kcT|i a ifconi ol' all nursiin; I'-iiialo seals killod iluiini,' ilic
(Diiiiiii; si-nson in Bfliriiii,' Sea.
Siicli a iicoril will ui'caily a-isist flic 'IVca^iirv I) 'pan lU'iil in ci'itaiii iiivc'<!c^ulliiii>
it is iii)>\ makiiii;. sliowiiiy; ihi- di^taiii't- Ir.nii I'liliyl .11' InI.iikIs I'lnali' mmIh mt loi Iihi:!,
liMvnii: then- youni; iiii tlic islandx. It xciiiis nccilloHs i.i mil that the ('i)-><|i"ialiiiti
ol till- Hiiti-li (lovermiKMit will ho ol' material ai*.«i»tMn(c to tlu' I'lrasurv l)L'|i,iil!iii'nt m
lirosfciitmy; its invest iitatioiis.
I mil, &c.
(Si-ntil) KU'irAltl) nLNDV.
No. 'M.
Till' .Mnniiii'ns of SiiIIkIiiii 1/ In Sir .!, I'liinirrtnlf.
Sir. Fori-iifii O/firr, I'rhniari/ Jl, I'^iMi.
hTKINti till' foalinjj soiison of 1H!t.'> coiniilainis havo ln'cn niiuU' a!;aiiisl the
lirofi'Oilinjjs ol' tlif I iiitetl States' revenue. eiuiseis in hi'ireliiiin ami seiziiij; IWili^li
vessv'ls with lit sutlieient eaiise.
Voii are anihori/.eil to eoininnnicale to llie t nitcil Slater' (ioveininent eojiies ul'
the iii<'l(»e(l letter t'lotn the Colleclor «il' Ciisioiiis at \'ietoria ol ilic l.'>tli (Kioher, twili
the tlei'laiatioii ol Inane A. (ioiilil, and llie lixt ol hoaidiii^^ vthieii aeeiiin|iaiiv ii.
It appears I'l-om those |»aper.» that (Mit ol tvveiily-nine vessels v»liiih had tiieii reliiriuil
from r>elirinn Sea, ir.) less than t*veiitv-sl\ had heen huarded l»v lleiled States' (dlieeis,
aiK
I th
III
11
le ajririesinti', ei''
hlv-t
«o tunes.
aveni"e »vas, thereluie, more tl
in I
three lio:titliii"s for each vessel, and in oiu' ease, that of (he
ail
|iliiri
tl
le vesse
hoarded six times in the course of twenty tour days. In nearly i-verv instance the seal-
skins \\er>' overhauled and «>\ainiiieil and lelt in eunliisioii, and on eaeli oeeasimi they Innl
to he repacked in salt hy the ere«s. The net result ol all this hiliour and annoyaiui
«a-.
ariear, and that a hole was diseo\ered in one seal skin oiii nl' a car;:o of :tsii on hoani
that the entries in the loy;.h,)ok of the " Mealrii-e" \\ei«' loiind lo he a few days in
the ••!'). U Marvin," wliicli, in the opinion of the I'niled Slates' naval ollieer, had the
appear.iiiee of lioin;;' a shot wound. Hotli these vessels were seized, and were snhse-
(|Ueiitly »eni to N'ieloria f«ir trial.
.\diniral Stephenson and the Ollieer I'omniaiiiliiifr Her Majeslys ship " I'lieasHiil '
have aixi eonnneiited on tlu' fre(|iu'iu'y with wiinh li.e vessels were visited, and on tlic
inaniu'r in .liieli the seareli wa> eomlneted. These t"o ollieers state, inoreovi-r, that tlic
men \»iio command the sealin;;-scliooners are most anxious to eairy (Uit all l{e;;nIatioiis
lo the letter.
lie; .Majesly's (Joveiiiment have also heen informed 'hat tlie UnittMl States" iia»al
oHie»'r> considered themselves aiithori/.eil hy then iiistriicli(m> to hoard indiseiiminately
all liritish scuU>rs.
Vour Kxcelleney will olisjrve from ttie fore;;oiii- Mimiiiaiy, that the complaints el
the -.e.iliiin-vessels a;;ain't the I'nited .States' reveiiue-eruisers licdoiij; to tliree diU'ereiil
categories ; —
1. The seiziiro of vessels for alleged (dl'enees on evidence ohviously insuHicient
'J. The exercise of the ri^ht id' smieli in eases where no suspicion exists as loan
otl'ent
i^il
laviim heen coinnii
tied.
:\. Vexatious and impiisitorial interference.
With rej-ard to the (|uestiiMi of seizure, il lias heen iiotilied to the C'lited Stati
(iovcrnineiit on several occasions that the United .Staes' cruiser
s are only einporteiei
hy the British Order in ('iMincii lo seize Itiiti^h \essels coiitraveiiiii;r the provisiui
tin- liriti'li .Act of Parliament, "liicli contains no provision similar to Section III of tin
1,'iiited State>' Act. and that the I'nited Stale-.' naval otiiceis have therefore no pouei
to SI i/.e British vessels merely on the ^jrouiid tliat they have sealing; apparatus e:
iiiiliieunnls on hoar). Tii- British Act of Bailianieiit only j;ives a power to seize wher
v:t
III ('.. ISlHi.
ntiuy ol llit>
till' Miiiuh
L'd (IiiiIiil; till'
iiivi'-li'iulidiis
\ Hit loi |nii:l,
(■i)*il|l'.MI|liilM
)c'|iart!iu'ii' III
) <h,m:v
,11 21. i^Di;
V iit;aiii>t till'
oi/.iii;;' Itiili-li
U'lil copies til'
< hlolior, "illi
niv it.
tiicii rotiinifil
»lati>>' iillii't'i'",
If, inmi' tliiiii
till* vessel \\M-
imrc tin- seal-
a.^iiiii tiicv.liiiil
11(1 aniiDvaiu'i'
:i tow iliivs ill
:tsii 111! liiiai'il
IliciM', hail the
I were siil»e-
'• I'hoasaiit '"
■(I, and on llic
•over, that tlif
ill l{c';;ulatioii>
Stnti'>' i>;nal
iilisciiiiiinatcl)
roinplaints ct
(liree (lillonMil
siillicieiit .
aIsIs as lu an
I'Miti'il States'
i\y empowiTi'd
r provisions .il'
tioii 10 ot tlu'
tore no power
ajiparat.is o:
to M'izi' wlu'i •
•III uH'iinc lia> li«'( II n):iiiiii((i'd. n'ld tin- Oidrr in < oiiiii'il aiitlioii/cs tin' ^i-i/nrc and
dclcnlioii ol' an}' hiilisli vessel Mliicli lias lic-oiiic lialilf to In- torl'tdled. Kmu liy tin-
llniti'd Slalfs' lin\, no ;;('iii'ral pmxi r is ronlfrrfd to lioard and seandi v('>m.|s witlioiit
-pt'i'ilii* yriMinils ol siispieiiih. I have already reipiested vmir K\ieliriir\, in n\y
despatch of til" 27tli Sepieiiihir last. In iMlorni the United Stales' Coveriiiiient llial
|l!ili->li naval idliieis will in liitiui' di'cliiie to taUe over any Idiii^h vexsej >ei/.i'd hy an
\nierii-aii eriiiHer iiiiliss the deelaration alleir 's a speeitie otreiii-e wliieli is a ecintraveiition
id' the llritish Act o| Parliament.
'riuri' appeals to have hecii --onie inisconcfpliuM nii the par! <d' the liiilil States'
iiiival ollicers, who h.iv«> attempted lo appiv I'niled SIiiIcm' law to llrilish vessels, aH is
^lituvii hv the clearance eerliticale ;;riui.'d lu the •'!'■. M. Marvin" l.y l,ieiitenant
Cnrniini', I'liiled Stales' navy, in wliiili the I'loelniralion • I' the President and the
United Slates' l!i';;iilations are (|iioied. A copv of ihis cerlilieate ii inelosed, ll >liiiiild
lie hroii'^lit to ihe notice ol the I'liilcii Slater" (iovernnn'iil, with the i'e(|iU'-,l lli.it the
Miival oli:cers may he informed that their powi-r~. as I'ar as jiritisli vosscU are cohceniod.
exist holcly ill virtue of the I'.ritish .\ci oi Parliaineiit, and ilie Order in t'oimcil i^siud
under it. and are i>>lricted within tiie linii!s nj' tie- piiixisinns hs which tliose pii\.er-. are
lIliM'eili deliiied.
The esercix' of the ri^lit of search is liki'wi..e snhjeci In reslrictiiin>.
The Act ol I'arliainent conlaiiis no section enaldinu; an olliccr to <i|iip ,ind e.\ainiiie
any ves«»'l such a^ existed in (he Seal I'lsliery Aits nt' jx'.t! and ]^U'\. 'I'll ' Arliitration
Award reipiiied that the oflciices specilied in Articles I an I II should he pi''>hi!iiled, 'm'
did not reipiire an} preventive action helore the coininission of the ullence. Ij'.'i'i olliccr
has ri-asonaiile cause lo suspect a vessel nl' liavin;; coiiiiiiitled an olJonce it is ii|iimi tn
him to stop and examine her. hut he is clearly iiei iustilied, in the ahscnce of any specilii-
urduiid for suspicion, in sinppint; ami caiiiinini; every vtssol he meets as a i»iirely
precautionary or prevcntivi' iiicasiiie.
In any case, the vcsatioiis anil uncalled- for inlerferenci! reported duiiiii; tin- jiast
seiisiui uivis just cause for complaint. Aiiionnsl ihe points aureed to hy the Secretary
of the 'Treasuiy with relerence to t!ie instructions |o the I iiited Stati's' iiinal ollicers in
Mjiy nUl- »>ere the follow iny;:
'I'liai ihe masters ot the sealin;;-vossels should he proti'cted from iii(|uisiioiial
exnniin.iliuu ; that no sealinii-vessel should he seized hy reason of the absence ol a
licciue '1-. ot tisliciy implements heiii;,' found on lioaid ; that the Inited Slat«'s' naval
iiistriiclions as to the inmle ol tlealin^ with scalinn-vessels should he simil.ir to the
Ihitisli naval iiistriiclioiis ; and thai the naval olliccr who examiius a scilin^-vcssid shall
h'avi- u ci'rtilicate with hei master for his pioleeiiim uy;aiusl intoifereiice.
Those provisioni*, which hi>l special reference to the arrau;;eme!it for s,.aliii;;-iip
arms in islij, siiow the spirit in which the instructions for carryin;f mu the Avui'd were
issiieil. and it is essential that an iiilern.itiiiniil Ai^reeiiiiiit involvini;' <|iiestions of so
delicate a nature should he administeieil with mutual forhearance and iiiodeiation.
Her Majesty's tioveiniiunt f( I'l sure that it is not the iiitontioii or desire of the
I'nitod States' (iovcunment that meii eiina^ed in a perfectly le;;iliiiiat«' oc!'u[miioii, who,
accordiii;^ to iiolh Hriti»ii and .Nmeriian reports, are most anxiois to ohserve sirii-tly the
Uev;ulations imposed for piiidii; reasons on that occupation, sliouhl he treated as it they
were continually eiii;;ai!;ed in tryini; to evade and hreak the law, and suhji cted to
unnecessary loss and tronhle. Tlie rij^ht of searching lUitisii vt-ssels was eonlerred on
United Stati-s' olHcers on tin- assumption that they wmihl exercise their powers with the
sumo consideration us wmild in like circumstauces he shown to such vessels hy Her
Majesty's naval ollicers, and 'ler Majcsly's (Joveruineiit have no doiihl that, when the
mutter is hrou;;lit to the notice of the I'nitod Slates' (aovorninent, they will issue such
orders as will i'lt an einl to un interference with llritisli vessels on tin- hii^li seas, which
lia.s c;iven rise to so many complaints, and which is not warranted hy the provisions of
Hritish Inw.
Your Hxcellencv will address a note to the Inited States' Goveriiinent in the
sense of this despatch, and make siicii further representations as you may deem
advisable.
1 Ulll, &v.
(Sidled) SALlSML'Uy.
* 1
ll ■ . ) •
t
i '
1 1^4
1 ir I
]ms]
G 2
■M
*'rf
II
Imi'Ih •nil' I in No. .'ll
( 'lo'ii'iiv, Ciiiiiiilii, I ii'lmifi, Ihilisli ( 'iihiiiiliiif.
^\\\ O.fi'hri l,">, l^'.l.'v
I II \\ I. Ilii' li.niiim' (.1 liinv.iiil li. riM\ il !i, I'nr Muir mrorm'tlimi, :i s( ilrincnl
ui\i)iij llic 11,1111.". "T till' si';i|iii';-M'--iK. t\\r hililMilc ;ii>il !>iii';iliiil(< ol (•.■ti'li ;i( llir tiiiii'
ll\i> «ii'linii|li'i
s M I'i I'
lii'jrilf.l 111 iti'liriu.; S -i w liilc <'ii",.f:i\l in scil IrlHii" miiImiIc uC i h
»V»-hmIi' /line rmnul lln' I'liliviolV Kliiml'..
t I'l';; li> s.'i;. tli:l( ;ill ) 'ic \ I'ssr's |i;i\i' iml \ cl rrl iiriiril. I lirri' ln'iii';: ri",lil '.(ill ..iil
All til (Ii;it li;i\ <■ .'irrivi'il rr|n il liiiviin; ln'i'ii li.v.irdcii, wiliiiinly I lirrr cm ■ iilnnis.
I'liO liKiU'ililli; i<iri(i'r>* 1 i'':!i( il mi IIm' mliriil ln'V-lionl, !lir lilllrnr lin.i id ;i|.i |||r
)>i>siliiin (i|' ill,. M'ssi'l. .iiiil mKo 111.- nil'
;■ . I m'mI skill.. lliiMi i>ii liii.irii
I'lii" ('\,iiiiiii:il iin: i<r till' m'm1-sI. ins Mini llic ii|MMiii'r iinl nl' I lic'iii, sli.il.iii", Il ill
(lit> skills, l.'ssiu;;- ;iiii| liivlvill'V llli'lii ,iI>'>m( I'u' l|i>M nl' I lie M's.i'l, 'iinj li';niM>.
Il iiiT;lsli>'i VNIlll'llt s:il|,:nil .ll III' (lliic nil'i'lllUV I" ii'|i:lil. llli' sKuis
;is (hex liMiiiil llicni, -.I'l'iiis I > Im' iIk" i<iiI\ I'.nisc nl i'iini|il;iiiil i.l ||ii> mMJiirilv nj' ili,.
iu:is;,.ts ,iiul I'lrw -. liiiriU'^ llii'ir Vii\;i'.m' In lli-lin
11' sMiis I'll I'll
r
ii'Vi' \«rri' itnh l«i> St
h h
•lii>iiiii
rv sci/ril III Hi
III
, >(':i I III'. \ I'.ir
linii'!' Si'M liir ,||
I'linl ' l\ I'lll inn nl
Til.' ll.'iuinT S,',i \\>.n.l \.'(. iyi|, \
Si'hiioiii'r " U;':!! 1 Ui'." .i| \ ;iii('..r. \ i-r
I l.lllllull' .'i.'i 1 II. Till. liMI.'^illlill' I i*^
nl rnti'ii.ii' I'.'ilcli .1 ••I'.ils in I
Mnt
isii '. i'!in<
l.iii. I,
mils ' Hsiii, ni.'i'.li'r, sci/ci
sf, 1^\ I'lUlcil Sl.'id's' '.lull " Itiisli," I'nr
S,'li
UT nliici.'ll lii^ liiinl,.
I', n \l;ir\ in." .«r \ ..'Inn'.l. I?', ilisll t'nli
iniiM.i. SCI, ('I
I ill I'.
Ill" I ;■ !i'il Stales' s|\in •■ Knsli." in l.iliimlc ."ill V'.'i imrlli. .'iiiil lnii';i( mlc IT'' "iI' \M's|.
!.ir \ .oImIU'U cl' Vllli'ii' (■> of till' licivnl.llliil.s nl l!ic I'llls \\x;liii, llnil i^. lor li;niii';
c skill \>li!. h ,i|i|iciis I.l line .1 slmi linlc m il. \1 llic ilMic nl' sci/iirc I lie " Iv It
on
M:ir\iii " lull! I'u i> '.iril :i'^i> Inr
si':il sivin
rin SI' silinniii'i's |li;it li;i\ c ti>( nrncil lijn c all nlitaiiicil I'liir calclics, Inil mi
(lie ciilM-i' c.ilcli r.T llic SI av
llic sin.iil H;ii is!i ( 'nir.iulii
til
il lie .lliiilll ■_':!. (UIO •-liiTl nf l.ist \
e.'lf, n\» 111!^ I'lll
\\ lldli
•ll\ Il
lU enisl ealeli an
I nil the cn.isl 1. 1 .1
i|i.'in e.iiisc.l (
iMl'lli
sieniu \'eatlici
hi'Si' \ 'S'-els dial XMi'c liniiriicil in Kclir
rill'.
lik.-h . I (liink
.>ea iliiriii'.: I he |
III
i;is| sc.'I'.nii will III
W. p'.-i'si'ii
I .'ll'. t'laiiiis nr ileteiitimi, .'IS nniic .'let nalh Millcreil lnss
\!1 I lie skins nil lieiiiii laiiilcil \eie Iniiiiil In Iw in cscelU'iit ciMiililiiMi, ami tlie
jM'ici' n.i'.,i lievi' I'ltr c'leli sl>in lias ln-eii 111 tlnl. ."m» e,, Inil tiie '^icaler |irnjiiiil inn nl sc.il-
skills !i.-|s LiMiie r<uv\ai-il to l.''iiil n In lie sniii al lliciu'M sale lii.al takes place aiiniil ilir
I'lll I'leVIl
Win >milli. l'!si]
I I
(Siiiiu'd)
lavc, .\e
.\. i:. MIIAI". (
(>.(('(', ir,
I'lMi'x .\?iris;er e
r M
.1 1'
11 iue auil r isiiei u s.
( MlavN.i.
nil
t J.
liielo^iiro '.' i N;i. ',V2.
!h'rlniitioii.
ItY tl'.i's j'uMic instnnncr.t ot" |>r.>1i"sl 1, 'rein-. I'ler centaiiied. he il kiinwn anil iiiaiic
ir..iniror-; -a'lto all piMple that mi tlic I.'itli day of Octolier, in (lie year nl our liord l.''!>.''i.
i>oj>otiariy I'.uui' an. I aiipi'.'ired tvl'on- me. Ham Dalia*; lleimcken. notary puliiie duly
:nilliori/<^l. aihiiitttv!, and swnrii. vesidim: and pi-,ietisiim- in tiie city nf \ ictori.-i, l'i'n\ iiiee
of Urilisii rohnuMa, and IVmiiiiMn .;f Canada, Isaac .\reliil»ald (iniilil, w im did duly
and solemnly ileelaiv and state lor tnitli ;is fnilows. tliat is to say : —
1. Ihat I liave been captain and ro^'islered tiianairinir lovner of llie schooner
•■ Katheviiie" sinee the month o\' Dcreinher IMKl.
•2 riiv: :iie s.iid. schoom-r left the jioit of Victoria on ilie ^."itl. day of .laniiiiiy,
K.v. 1**'.''"<. hound iov the Mest enast. nd rein.iineil sealini; until llie '.W\\\ day oi' April,
A.l>. }"•'''. when the saiu soho mer riMunicl to the said poit.
'■\. That tlie snid sehooiicv with a erew of sevi'ii whites and twenty-one IiulLiiis.
left for Tualaska and Hehriii!; 5^o:« on the lotli <iav of .June, \.ii. Isii.'i, and reinaincil
sealini: until the ll^th diiy of S-ptenihcr. I*si).'».
i. YVm tho sr.id solioonor, wlien clearing from the port of \ ietoriii, liatl uo shot-
Iliad III) sliot-
(A
'^Mh' mil' I'illr'.. iiur .tii'lls, nnr !itiininnilii)ii nl' iiny l<iiiil (i'mtjiI hmc Iminli !.;iiii) on
liii.'ird, ImiI li.'iil lii'lwt'i'ii lliirly iiikI i'lirlx s|M'.'irM U>v IIm' |iiM'|Mi>ir nl' iMinlliii; srtilu.
.1 'I'liiil llii' siimI scIiimiiiit I'l'iirlinl 1 1 iiiil.'lsKii mi llii- '.MMImImv oI' ■Inlv, A.D. IHOft,
mill iiiniiriliiili'lv on iM".'i\.'il i'r|ii>,lril In llir ('iiMliiiim W'liili' In jiiirl lli*- ><;iii| scImhmm'i'
Mii-^ liintnli'il li_\ (WM III" llii' Vinri'irttM nitlcrs lyiii'; iil jiih'Iiui-, iimiI I «;m rni"; rviiiniiii'il
liy llli'ir iilllt'ris slrii'l I V il ■ In llir llllllll'c 111' Ilir Vi>_V!l!;i', .'iliil .••i In wli.'il linii'i llirsiiid
ii'liiiiiMiT I'.irriril. rin'v ;i|i|»r;u'i'il In III' sjilisrini willi mv ii'|ilirM.
li. 'I'll il llir s:iiil M'iiiHiiiir ji'll riiiiliisK.i III) I!m' ;II'.I iliy nl' .Inly, ah I^'.i.'i, liminil
liir I lir M.'hriiii;; Sim.
7. 'I'liMl u I llii- I nil i|:i_\ n|' \m'VI'I. ^ " l'^!'"i. Ill'' ■ml MclinniMT wir, liiiirili'il li\
I III' I ' lli I I'll SI, I It's' ri'\ I'liri' rill In- " ( Jr.iiil . " .mil .'i',,iiii^l in;, \\ r.li -.rirrlii'il li\ Iht nlliciTs.
Till' riilrli nl' s|, iii>i, iiiinilii'i'in't V! I 't, uliii'li liml Ihtii r.'iii'l'nllv .illi'il .'inil |iiil in llir
llnlil, \M'rr |inlli'.| mil nl' lIli' --lilt, Mini li-l'l sr;il l|'|vi| iii IIm' ImiIiI. 'I'lir nlliriTs
\ nliinlri-l'i'il In |i;i\i' |||i' vKjnH n'|il:iri'il .'is llli'S \M'li', lint ;i'. I liiiil nn iniiliili'iicr in
(III' man Icililrirtl, llnlii lii\ iiwil |ili'\iiil|S Knnw li'ilirr (,r liiiii. I \\:\: >'lilr;ri| In
ilrrlilli' llli' ulVrr, ;mil, iii iniiMij iirlli'i'. I W.l-. I'mmi|ii'I|i-'| In liilM' I In' ''ml '.kills ri'slllll'lj
,'inii n'|i;trlM'il
M. 'I'liiil I li:i\i' hn r.'iiill In liliil Willi llir |ir|'snll,'l I lii'li.i \ imi I nl 'lir .i'\i'i:i| iiilii'irs
III' lltl' " ( il'.'llll " ln\\.'iri|s inr.
it. 'I'lial llli' saiil nllirri's nilllii' llir rnllnv\i||" I'liliy III lii\ nll'irial |n|' linni,
" t.iihlliil,- .".I .'.',' \ , l.iiiniilnilr I(i7' .>S ir ,
(»»/">/ I I, \^'Xk
" lliMiili'il lliis lllii ila\ nl' \i|.'ii,l. |S'.».-., Ii\ nllii'i'i's I, ..Ml rnili'ij Slali's'
ri'V rnni'-riillri " < Ji.'iiii," .iiui llu- '.kms lai Imanl rmmil In i'nM'i".|iniiil w il li iiilri''.on
(illifi.'il lii'C-
(Si';nril) " l> I', T'l,'!! 11, ''.(/i/(/ni, ('. S. I! <' S., \ l',i,iii ilinij
" K. W . I'l i;i;V. 'ml l.irnlnnint, I S. .','. C .S . / <l//ur,H."
10. Thill llir saiil si'llnnlii'i' I'ni't itilli'll si','llili'.j illilil llir '.Mill day nf \ii"l|,l,
\.l». 1S)(,"(, wliiMI llir said si'llnnlirr \\;r, linai'di'd li\ llli' I llili'd Slal's' hM'Iiiii- I'lillrf
•• lillsll."
11. Thai mi I Ids nrrasinii l lir w r. 1 1 lir I' \\ as i nil'.' Il \\ iiii| I'l r .lirnm " . .'iiid I ml I ra I inns
III' It.'ld Wrallirr. I « .is sailiii;;; miilrr sliml sail In hiiiit lliirrnl' my riiinis. Minill
.'> r.M. I W.'is spulvi'ii In liravr In illll' allnw llirin l<i liii.'it'd I said I had In'l tlirri'
r.'iiiiii's, and u.-iiilnl in liml llii'in, .'iiid did ii .1 wish In hr driaiiicd, as | vtislinl In liml
lllC I'tlM'irs. .M'li'l' I rnliml luil nl' till' ranni'H Ihr linanlill'^ nllirrr r;iiiii' iilinaid In
Hciii'cii llli' vrssrl. I |M'iili's|i'd, .'IS I li.'id mily rniiiid lv\nnl my raiinrs. I uan I'l'i'liii'.;'
iini'iisy iihmil llii' Ihinl, and I wiinli'il In liiid Ihr lliiid r.-inor, iis llii> \t calhi'i- Innkcd
Ihri'.'ili'iiiii!.;. The nUii-ri' said hr wmild iml nvrrh'inl Ih'sKins, hiil wmild ili-lain iiir
III iivrrhaiil llii> lii'^. Il<' asKrd nir v\li\ I did iml hi-'ivr In w hm s|inki'ii li, and I
r('|ilii'ii llial I I'onsiih'i'i'd Ihr nirn's li\rs nl iimrr iiii|ini'lani'r than his lni^imss wif,
iiiid I w ishril In jirnlrsl M'^'aiiisl Ihi' assiiiii|il inn that a sralin'4;-srhnnnrr miisl. whrn nn
I III" llii;h sras, hrav r-ln w lini sjinkm In .'mil slllmiil In lirin-.' srairlinj III I hr \\ ill nl' I'lil'h
.'inil cMM'y iillii'i'i' « hn linards.
1*J. Thr sai.l nllirri's dill mil disliirli llirsKins in sail mi .'iccniinl "I iinii'j' rallr '
mi Iiniinl Ihr said riilirr " l!l|sli," liiil liilnrr i(;i\ ill'.;- in.'iijr till' Inllnwiir/ I'lilry in iii\
ollicial llli; ; -
•• l.tiiihidr :. I 17 .V. i.i,i,./ii.i,ir n;s,' ii7 ir,
.iiiijiisi :ii, isii.'i
" MiKinlt'd, .•tlid I'mind skins In a^iiTr wilh nilrirs in In',',
(Siijncd) ".1. (i. I!\i. I. IM. 1. 1;, -/('' /./'»/''/."///, lln 'n/nnf Oj/irfi."
l.'l. Thai nil Ihr 27lh d.'iy nl' .\n'.;iis|, a.d. iv.l.'i, ('a|it,'iii. {''nl'^'iT, nf tlm .\nii'ri<'aii
M'.'iiiiiU-si'hnniicr " Wi'listrr," visilcil iin' in l.'ililndr .'>l ' |s' nnrlli, Iniii^ifinlr |t»»» .'lO'
west, and in t.iir I'uiirsi' nl' ('mivi'i'sjitiiiM told iiir Ihat In; was sraliii'^ iirar tin* pr'tliiliitird
zdiii' uf ihr I'riliyliill' Islands. An .\iiii'rir.'in cnllri' rami' In him .'ihmit nnmi, and fnid
iiiiii his huals wrir insidi' Ilic liiir. lir rrplird thai hr was jiisl lakini; thr sim, -.t'^ hr
liinisi'ir I'i'ar'Ml lie was insidi- I he liiii', and w.is llai^u'ini,' liis Itoats to I'liinr mi hnanl.
Till' cnUtT tii'l liini tlwif In- li.'id l.i'llrr yrl mil, !is Ins Iinafs witc iiisidr. .\f thr
sjinif ti..n' II.' (s.'iid <'a|itaiii l'\)li,':'ri '.'mild srr Anirriiyui si'hnoiirr " W'illard .Vins-
wiirlli " smiir miles I'm'thi'i' in tli;in hr was. Hhr was alsn allnwi.-d to !,''> withmit Iti-irn;
M'i/i'd.
H
It.
.1,
Anil lliis ;i|i|M-i)ii-r ilutii |>niti-st, atitl I. tlwfljfif nt^lMi v, do hIko ^rittcHt, a'^'uirist tin-
iilokCNiiiil Ixiariliii^. siarrliiii-.', iiitci'lcifiuM', iMi4««HM0nMi^. and aifainMt all Kiss, daiiiai^i',
and i'x|M'ii>r>. (xi-asiuiK-il tin ivliy.
Anil I, till- Mill I-aai- Atrliihalil (ioiiiil, do M«i»'niiil and oiiicivly di-ciitrK that
tin- lort'i^oini; stati*nii>Mt \s ciirrtrt.anil nintains ii Lriu* acuowtit of ilw t;»Hs and circnni-
htUiJi'l'S.
\nd I iiiaki- thi*> Holrniii ili't'laratimi iMiwioiitiotiHly l)i'ii*^vinir |4 \>t Im- tnu*, and
kuiivinu ;liat it is nf ilw same lorn' and ctVcct an if nuM!<- under oath swid lnjr *irtn<' ol
"Til.' K\id.-iin> Aim. l^J)!-."
<Sit;n<'d) I. \. (<4>l LI).
'I'akrn auil di-rlarcd lii>l'or<' mh' :■*' \ iftoria. UritiMli ('oUinil»ta, tliiK . ^il> d.'tv ul'
Ol'tOIMM', A.I). iHlJ.'t.
'v.Siuni'di II. I).vi.i..v.s IIkuxickkn,
.\u(iirii Piililir III 11 ml fur llir Pioriii'"'' uf
liiiiiuli CnlmiitHu.
inst till-
ilaiuu^c,
trn tliat
rircmii-
nif, anil
i irtik' III'
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^c -J J - •" "^ . "■ J; -«
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£ iltn itU
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W il,LI.\ .i I). i'lVKlx, iniiNt.-r ni {\.v .-clioumf " li. li. .Miuvin,"' ol Nietorin, Wnihh
Ciilun.liia, liiiviiic ilii't iii'd l(» the < orr. clucos i.i llii" atcoiiipiiiiyiiiL;' iir.iiiiji'.^t, ami ilcliviTcd
a (iu|ilicitlc tluiv(.l, |)l.■!■Illi^^i()Il is lici'i ')y -.laiiUii to the mi'uI .-t-lmoiKr in |ii'ni'iH'(i in Holiriiij;
>ca t.^r lii;- |nii|ii.-c- .)l limit iiiz lin-si;i|.«i, ii;;ciii(iiiii,' to piMitcil iiislruriiuiis l'uini>liL'd tlie
iiifistcr, ('i[i;-i.-.|!ii:; t-l tlio I'lvsidi'i.t.'.s rrmlii
ciiiployi.';! ill liii--.tal lisliiiuv im' iNl't.
uiiiitioii, ;iii(i lu'u:iilatit)iis uovfiiiiiiu; vessels
(Sii-'iiod)
(J. n. rM\S\i'S\],-2n<f IJtiilnhinl, Vniti-d
!iih
l\i !■( iiiir-riiilfr Srri'icr,
Arii
Ciistftiiis (j/ficir.
"<J
I'l.itril Sl'lrs' Ciillrr >r/-( v.', Dl^tri-I uf Alaska,
I'uil nf Althii, Jiilij •-'.), l^'.t'.'
Nil •*•>
Sir ./. l\T!irrl'iilr ft !'ir Miiyiji;'.<s .,f Srilislniri;. -\ liffiircil Miivli it.)
ily I.iir.I, ]\'ii.<liiuiiln,i, I'llinKirtj 27. J*^!Ki,
I II.W'i; tiii' liDiioiif to ti.in>,:,it liLiTwii!) the toxt ol a liill "to aniciid nil Act
i'Uti;k'il ;iii \('l 1.1 [iicvi'iit tlu' '.'Ntcnniiiatioii oC rni-liiMniii^ animals in Alaska," wliidi was
jiaii.-td iiy tiiu ll()W-(i.' m' l{c'i>:\'SL'iitalivi's o-.i tiic ll.">lh iiwtant.
i aUc) tiansiiiii tlic tiM ,)! tiu' lupnit ol' I'.ic; (.'ciniiiittt'c (-1 W ays and Means upon tliu
mrnsinvs.
Till' IVill i- I'laiii d i-i an aiiiciidimnt dl' flic Act of liu- l.^l July. 1^70, pioviding for
il.(> li'asi' of tlu' seal iIsIh lie ^ nil liii' I'riliyl ill IdiiuN, isnd ri.'j;ailatiiii,' tlic catcii. It
autlioiizfs llu' I'lV'-idoiit to ii(';')liati' witli (in'al I'lritaiii, IJussia, am! .)apaii, i:r any ol tlu'iii,
tor tiic aiipoiiitiiiL-nt of a Joint Coniinisoiuii to ivvisc tlu' lv('i;iilatiuiis now in Ioiti-. ami to
conclude a iiridus vivmili pcndiiii:; tin.- IJcpoit ol tlio ('oaiuiission.
II tlio mollis liri'udi he not ciJiiclndrd, and rtpiulaiions undi'r llio msiiu' clii'duai, in
iIk- I'rcsiii.Mit^ .iii(!;;iiu nt, for the pivscrv.Uiuii of the Ala.'dian s<'il iierd, he imt put into
opeia'.i'.iii lof thi< year's sealini;' Siiason, thii the ""'oerclary of the 'I'nasiiiy, wiili the
a|)pni\al ol the l*ie>i(ient. liS lUitliyrized to Uill all seals loiiiid on I'rinyluif Isl.mds.
A similar Uill was |ia,>M'il by tlu; House of Kepivsientativ's on the 1st March, IH!)."),
hill il only came liefoK! the Senate on the \ >■. i uayof t'.ie .e.-;>ii)n, ami, in tiie ahseiicc
lil niianiinijiis con^eii!, 'va-^ r,..' co|■.^idel•.•d.
I have, (fcc.
(,Si-iiel) J r I.i AN I'.VINCKI'OTK.
[(i;isj
H
■9v
Iiulosmv I in Nd. ;!.;.
:AI': C'lllfjrrx^, 1*7 .S'-.w/r.-i.- ][, ]\. :VJi't;
•I'PI'
t N.
.1.)
In 'iiu. lloi si:
hiiiinn 1/ 'A, l^;il'.. -Mr. I)iii!,'lc y iiitn.din'i
.KI-Kr-'LNTAI'IVl.S.
Il,c (•
'miiiittc( on
\\:.V'
M
i!.f ri>lli,\> iii;^' Mi
r;ii.s. iiiiil (I'd fi'i
wliiili «;is re
li>
to h
|iriu1i
irn 20. 1 *>!•('.. — (■(•iinuilti'tl in ilu- I niniuillci' ol' lln' w !.i)l( IIuii-.c .n tlic st;i'(
II
i!:.'i
1, Mini orilrrcl 111 lie miiiii'd.
./ lilll tit iiiiiniil (III .If: '!i!tili{l ''All Art to prrrriit III" K.ilii'iiiiitiitii'ii o'
/••-/;•-/.
riirri'i
iiiiniiil
Uit.--ti
II, iiiii! I'^r till.rr jut:
;.#!'^1
r.i; it
oiiiielr.i
Iv tl.
Sc'iuiiL' n:i'l llmiso ol' IJc.iu'siMitntiviN of tin- I'lil'.fd S:mI( > 1 1
All iiirn, in ("(iii;r!-» urocintilcd, tliat 'A\r Pti'sidi-nt of tin.' I'liit.vl Sialcs he, iiinl is l.i-i . li\
nutliiii'izod iind c ni|Hnvi'ii tUo coni'liidt' ii(.':;(itMliii;i> witli t'.ic G>>\i':iiUic'ii!.< dI' (iivat iJtitiiiii.
IJ
of not moll' tlimi tlirir iin'iiduT-. Ironi i mil ii.il'o:), (» iuvi'-liLr ilf the pifM-nt niiid
kUs.-.i;i, and .I.ipaii, tu' aiiv tl llini;, lov iiic '<u|>( ii:tint.-iit ot' u Joint C''i.;iini!<sioii to Ct^n
liu)iit<, and I'ti'dinL' uioiinds, holli on 1::
Kl a
pri'M'nt cdiiiliiioii,
nd »*a,'.t'(iK- !'ir-.sc;d licid mi llir Noitli I'aiitir
<)(
v{-..\\ and ni bilnnii:
a, iron) lin' .\ni>'iii,in tu t!i
,s!;tiK" ^:i
tiio«, and till" nil tlmd-
slan-'hlciins,' tho same, niul to t()n>idt r and n net wli:! !iMti)>:i' ;i;;ulalii)iis n a!i\, on ian l
and sea, niv ncccssniv lor its in'c-cr/ation.
it' >ii('ii (.'om.r 'ssion ».liidl <!o('m it n^fis-aiv \o vi^:t 'lii' slaios on tiir Anuiiian aiiii
.•\>iati
i- sal
oT li.i- Noilli I'.uilii" Ocean, JUi.,i
n:
•rinvii
ir
l-^Ul
nd.
C'ommaiidi I
l»land<, Kuiili- l.-lai d-. and Hohlun l-iind.ir any other place- (.n of hii.- tlu' Noi'tli
I'licilie Oeean and IJeinii i: •"'ea, tiie i':\-idenl may dot.iil a -liiii ot the IJniltil Stali>l'>
convey any or ail ol said Connni^Nioiu'is, witli ihe hlii|)s oreiiliei' oi s;ii ! oth;r nati
<)n».
Tiie nuinliiis(.r said Conimivion lor lie' I'nited Siatis .-.liali l»e appnintrd liy ihi'
Pie-ident. In addition t.) till ir Hi ee•■^,uy e.\(a'n>e-;, tlie) ^liall each iceii\i' t oni|icntiaUon
at tlie rale ol not na;re ih.m 'i.OUIt dollar.-, tier ;innnin ; ii Sieret:n'y and e. .^leuojiraiilur
inav also he appuinted lor -said mL'nd)er» of tiie United Mat,!ial >ue!i eompepsiil'
adilitimi to tlieir ;iii'(-*-;'rv e.xtuM^e-,
naw
he detevaii
niiiu
to I
H' reasana
l.!e 1
ion, in
)V llii-
Pie.-iilei.l. In addition thtritu tl.e l.'ni!t'<l Stair.'* :<liull litar I'^s pi-npuitiun i.t'siieh general
eXj eii!^es ol' liie ('oiiiiiii»-.ion a> tlii' i'i-peiti\e ( inveni aei.l-* may a;;iee up')ii as neccssai}'.
ihe s
V
inunis.sione
r.N lor tiie I'nited Stiite-
aiii
I iiilur
I iiiiiiDve^
as al
oresaiil, sl'.all .sirv
I 1 tu. Thy may he lemowd hy ilie
eec.-.-.i;s \vhenuver anv vaeanev .diall
until till ( onipletiiiii of tia ir Ueport, hereinalti-r reler:
I'resid* lit at any time, nm! he may a|ipiiint their -■.
ticeiir liv .;. alh, iiiiliilily to ael, iisij;iiatiiii:, nr other euilhi.-, i'iay fliall report to the
President tlie n^nlts ot tiieir investi;.;alioii.
See. "J. 'Ilmt pending' tlie inve-iicatioii iiial report ol' -aid t'oinmi.-^ion tlie PiVhid' at
of the United Slate.s is herehy authorized lo luaciiidi' and pioelaiin a
motiiis nil-Ill
li w
liti
ivIK
tl
I (Iiivernment-, nr any ol tin in, ;iro\ithii'.'. I'or new reu:nl.iti;nis or sll^p^ndil;.. (;r alleiin
le exi.- i;: UHiuiation.s c>
lahli;
the r.nis 'rrihiiiiai, or limiting; the eateh on tlir
I'rihvloU, (.'iiminiiiider, Kiirile, and Kohlien NLmd-, or anv ol' tl^em, in anv manner that
mav 1
I'.' I eiinei
thi' teiiiis efsaiil ("winmi>sii
the 1st diiv oi'.liimarv, I'"'.-
1 ('.\|iedieiit lor tlir piiM'Uali
tl
I.' !UI-Si',il I;l'I<;
dd III >(l 11.1 rn-i mil, and
all lApin hy limiialioii nid'. ^s pieMously terminated oa
See. ;{. 'I'haf the novi-^iims <.f th
])nnislimeiit hy tine, impiisotiment, and lorleiUne ol \e
ipprovid the (i;!i April, \^\t^, pioviiimj
■1>
Mid.ition ol I he artieU
Avvaid 1)1' till' I'rdninal of .Aiiiilintioii, aie her. hv
madt' applualile 'o all violati i:i» ol iiii)iii\
'■ivtiiiii serein pnivided lor ; ai <1 it sliaP he tiie duly i f the I'le-ident to mai^e known h
Proel
iinatMii the provision* o
r said
inuiliii riff III
Sie. I. I hat
necdinl espeiikeit iiieuiental to tl.e appomtment, investij^atioi'
an>
lepoit ol'ihe kuid ( ';iiiimis>ion, iis lieiein provided fji. shall hi- paid hy the Seeretary ol' tin
'I'le.isnry out ornny iiioie _\ s in tin 'I'ri ;.>iiiy oT the I'nited iitati? not otherwise appi'upiia.eil,
whieli iini' Ullt is hi lehy lipplop
■lateO
S.I «'■
•M
cri'vii- 1 lo
he -.t.'i'.f (.'■
-.Iiriirln'l
»■■ 0, .'». 'ri.ai il ll;<- mxiits iii''„tii ...itliori/iil \)\ >.i.ti(,a l^DlimsAit iiu iiol roiuluili<l,
nnd riL;ii!;iiIns)s lUKior tlif Mnw, ciVct-tuiil in the jiuly;iiK'nt of tlio I're-idciit I'or pixv-crving
tho AlusUai! i^lmI herd, Ik; not put into ii|iii';tlic)si t'^H' tiiis year's stMlin': season, tliru the
Srcrtl.u'v ot'liu' TiviiKiiry, witl> t')c iijtprDv;.! (jl'tiij I'ri'.iiloiit, is hcii-hy nutlioriztii to tula-
.nil k'll ouch nnd every tur-scil, n.;;!'.' and IcinaK', us it nniy he i'ound un (ho i'rihyl ll
Ulan ! > : the skins ot' snid soal-j (<> !)>' hc.K! iiv him Iw the i)iSt advamai^c wii!\ lv^'ai'd
to tuiio and jjlaoo of »alo as iic niuy uiuct, and llio iiroccids liiercoi' o.)Vt rod into tho
Trcasmy m" vlni Tnitcd Siat(s: l^ii.vidfij tliat all noidiV.l iXjonsi-s inci(K nt in tin-
thoronuh iioiformanC'! of lids work ot' killin ; seals, pri.^i.'rvinjj; .mn transp.r'.iilion u; -Kins,
(lection (.f r.ecessary huiMiiiu'N enii'.loynien; ol lah>>ur, care ol'tiiu Sea Ijlanl ssiid I'lihyloli'
nulivi"!, inctniod hy ll;e Sctu-fary of tlu- Ti .asnry s'.uil ho paid liy him out of any numeyii
in the 'l"n;:sury ol' the United Slatis not othcrAUf a;ipro;i.i.i(ed, which aniuinit is i.ciehy
approi'i'latod : I'roviuid :d;-o th.;t nothin'r iu iiju Ucvi-cl Statutes, sejtion>. Mnniiu:r:: i'JuO
nnd I'.Hii, ai'.aiiicd, siiall i);LVi.'nt tin- Svcri-tary of the Treasuiy iVorn cxir.i-iii,_; tl;o
authority heroin conltrred upon him Vi ;ako ar.d kill saiii seals, l>ut othorvviv; said sjction-.
shall r.'inain in lull '.o\fi- -..w ' operatinn.
od StMl(< ■■ \
1,(1 is I, or. In
rc.i! IJrituin.
)ii to ii:n>;>t
it Oiiiidni'iii,
.oilii I'iuitio
nitthod-' lit
;iny, on land
,nuriean and
C'onniiandcr
tho North
((i Stalls I"
nation".
iiittd hy till'
)ni{n'nsutton
4ciio^raplur
.'i'>alitin, .'i
h!e hy ihi-
noh general
nieessaiy.
«.l;:dl s..I'V •
■IV d hy ;lio
acancy .«h;ill
ior! to till-
liO INOftid ilt
Itrilili wiiii
., ur altering'
itcli on t!w
m. inner thut
1 .11 ii'ti, and
unn.itod on
-, provitliri;:
he irlioU oi
a- ol /(I (»/"•<
' known l\v
li_:;:itioi', und
•rctar;of the
i[ipru|iri.iii''l,
F,b
'I till I II
jii, i>!m;.—
Tncdusiu'o "J in -No. ■'io.
.'i|'/'; I'.mjfii'H, "Isl Hl'S'.'niU. Ui'iiit '.Ml, l.'l.
Ilou'*!. "f rj;vi'.i:':i:xiAiivi:s.
I'l '.;-»K.\lHNii AmMAI-S in Al.A^lCA.
.'on.niiiiod to (!;!• Ci.nnnittoo of tlic •vhd'.o .lout-o on tiif
tho fnion, and nnicrod to ho priidoil.
<{\\W -d
Mr. ninj-lov. from tin- Conunittoe on AVavs and .\ic-ans, snhmitiod tin- I'MlIowiuir
iifpurt.
I To aooooipany 11. It. \\iWu\
'i'lii! v'oinnuUoi' Ol Ways ac.d "d-ans, to whom was reforroii tiio Ijiil .'!. i;. ;l^(M)"t
lo umoiid an .\ci (.niitlcd •'An Ael;>i iirovem tho lv\lcrmination of I'ur-heari i^' Animalh
\h
.!,■.
have oHi-aloeJ t
u' Miino, aiut
!«a\f to
III \ia-ii:i, and .or oiuot' piirp o>,
report :
In ordtr to prevent the oxlcrminalion ol fi;r •■^eal-, widoh will so .n lake plaoo unless
prompt ni ■ .^lll•o■' oaii ho laU.'U to prevent polau'.o xoaliiij;-, this l'.:!! aiiiliori/;'-; the
i'lcsidoni lo invito lireat Ikita'ii, Uus-ia. and .lapan, or anv of tlunn. to unite «iih tho
Unitoil .■■•tali's in the a|ij»o.utui'.'nt ofajoinl ('oniiuis.-.i()a to investluato t!io pro->ciit con-
dition and hal it-- of tho l'iiv--i al herd in tho .\orl!i I'aciho O-oan and in Uouriiii, Si.a, ami
tho imthoil of slaii^htoriii.'.; tno same, «it!i tho result of suoii s!.iii;;htci', ami npoil uha;
further UoLinhition-. if any, are iio.'is ury .'or It •* preservation, wiiha 'icv t(( their ad i])ti()ii
and ciiforceniont I'v tliu oountries uidtin;j; in oroatin/jf such ('i!mmi>sioii.
I'oiniin;; this invcili.u;tttioii the l'jc.-.iuoni i-i na:iiori/.''d lo oiiiclmlo a . -'/</.•(* ro'ndi
with haid I Jovernments, or any of ihoiii, providiii^^; for sinh m.>v or adiiiltoii.il |{o;;iiIiitions
a-, iiuvy he tleoniod oNpuliont for llio pro.-orvalioii <d' the fiir-i-eal herd, aiiu inudu." tin nli
lo urminuto ou the :st January, IBit'r;,
h, however, the I'rosldoiil finds iiiir.i'lf un..ijlv (e -eouro ti;o oo-o; orfttion of (Jreut
Uritaiii. o>pocially in secnrinn- llio funlu.i rlitiidi anlhoiizeU hy this 'lill, .-o as to prolool
■.iivlja' I'.v i' e Ala-kivn >'ea! herd for thi> year's ^oalln;,'' .4ea»o;i, then the SeiTot.MV '>1
llic '^loa^Ul■y i^. amlmrizod to take eaoli and every hir seal on tho Prihiloll' Island-, ami to
•sell the skin.iUii ho may oh ct, ami to e ivor (ho proeoods into the Treasury.
Tl.o lu'oes-ii^ for this cuuro a.ise- IVdiii the fai-t t:at the .\ia..kan fin-seal lard is
heing r.i[iid!\ o.Ntonuiiiaiod Im pehi^ie soalin^-vessoN mainly ( auadian- whioh follew
HYdx] ' ' U 2
> "«
llu' scnl lunl ns it moves nloiiir our I'noilir coast in tlir spring and enter lichrin;; Sou nt
tlio I'liil of tlu* close season in Antriist, wlien llie\ are tree uutler the ineH'cetnal l{e»ula-
tions iulo|ittMl liy llie I'aris Trilninal to use tlie -peiir, more tieaiily thiin llie shot-ijun, in
killing', outride the <!(t.niile zont», tlie souls tluit t're(jnent these waters in pursnit of food.
As these seals are mainly females that have i»roii<;lit fortii tlieir yoni.^j on the Prihiloll'
Isliinds, the killin<j of the mother sonls results in the starvation of tlie yoiini', npon the
land find tlie inovitahle rapid extine'.ion ol'tlie fur-seal herd.
The rapidity of the deeline of the valnahle henl «hioh annually resorls to the
I'riliiiiiir Ulau'U of Alaska, niaiidy on account of pelagic seaiinj;, will he seen wlien it
appears in \>'\ this herd numhored fthout t.iilt.'ijOdO. In is;)u the herd had heen
reduced to l,0.';}i,i'""i «"«' "I' the close of the senson in 1><U."» to ahout IT-sMM)- 1 l.iiod
seals, mostly ioniiih •■, havinjr heen killed duriiiir iIh- last season hy ])i'laj;;i(' sealers, and
uhout .'tu,(MM» pups I'.iiviiif^r died ol -larvation m eou-ii'ipience of the killini;: ol'tlie moilior
seals.
One \e,ira;iO it was the i ~titr,ftle of exi)orl.s tl.nl if all killin:x"''^i':!!sli;ul l'(>c'n ^foppcd
then it ivould take live years to restore it to its former numhers. It \< now esliiiiMted
that if I\i';.';nlali(i!' • r.in he si 'iired helorc the next s(<!i'^on opens, the Iierd can hi' ri^lorod
in ten <ears. If however, the pela;;ie sealers are permitled to avail thcmselve-i of aiiollier
seasun's opportiinilies lor ilan-ihtrr under the inelfectnal Ue;,'nl,ilions of tlie I'aris
'rrihuiml, it \.< ii" ieved hy experts th.it the lionl will he so nearly e\terii:iii!>ted as to make
it very d tliciilt to restore it ; .ind lliat if pelairie se.'ilin'.' coiitiniieH, witliiu live year> not
only the A'ii-'win herd, hit also the iiiissiaii and .lapanese herds, will he well !iii,'li
extin<;uislied.
\Vlien it is borne in mind that our (Jovernment received ahout fi.Oito.ddO dollars
hetwet'ii ls7d and IS'.id from the lessees who were i;iven the i>xclusive )»rivile;.'f of
annually kiliin^jf 100, ddd male seals ahoxc one year of a;;e, and in l.'^'.ld, under the new
lease. 'j'li'.'.iiT:^ dollars; h;,t in IS'.H only Kl,?!'.) dollars, and in Is-M? only L».'(.'.»7- ilollirs,
and since l^ti:,' it has reeiivtil notliint;- (iiol\vilhstanJin;j ,".j;"i,uiid dollars is due) heeause
of a ehiiin of the lessee- for a reduciioii of rental which awaits determinalion hy the
Courts, if v ill he seen liiat lie 'I'reasii'y is heiiiir deprived of a vi-ry valnahle soiu'ce of
revenue hy the operation-, nf the pelaufie sealers.
Not only this, hut the (iovernment expended in l"<iM' ahont l.V).dild dollars in a vain
atleinpt to incvent the killing: of seal- in Holirin;;' ^'eu hy enloi-cln;,' the inelficiiiit Keirn-
lalions of til'' Paris Trihiinal.
it 'vill he seen, theri fore, that unle>s (ireai Hritaiu can h:- |air-.nai!('il to unite uiih
this country in so m.Mlif;. iiiu,'aiHl eul.n;;iiij;' tiie l'e:;ul:ilioii- adopii-d hy the I'aris 'rrihnn.il
—for IJu^sia ai.d dapin are reaily to join us the Canadian ptlij;ic s(;alers will witliin
live years cwinplefely exterminate not only the Alaskan, hut llie l{iissian seal herds, and
deprive this eoiinli'. < I' a \aliiahle souiei; of re\enuo and tlie world ot a ;;;ri'af hoon.
And in:iMiiiii!i as all these seal skii'.>j I'o to I,otidon to lie pi.'ji.'ired and ilu-l. ui'. ini;
empIoMiiriit tln"e to nearly .'jd.tKio persons, even (Jieal Ihitain heisclf \»ill he deprived
»)f a v.'iluah!,' •oniee i f iiii-ome for her own people.
It is hejievid that li i-. Canada lint i- standing;- in the way aiel l.o!.liit:jf hack (!reat
Uriiain t'roin eo-openilin^ with us in the preservation ol' the miiI herd, and that when
Canada sees that we pioj ' • to take suininaiy inea-iires to end not only tin' inhumanily
that «• )iisij;ns thousand-' (■i' vuun;; seals to slow star\atioii, hut also the farce hy whicli
\M' are expi'iidinji' l.ir'.,;e .-mns ot money to police I'ehrinij Sea practically to aiil her
pi'ia:;ie seaiiTs in Ihe wor.v of e\terniinatln^ seal>. she will no longer einU'aveiir to
preM'iit l')n-land Ironi niiiii.iu: «itli ns in ellieieiil measures to .-ave ilie seal lien's to
the world.
if, liowi ver, IN; iaii in thi -, as we liav,' failed under present conditions, iioLwiilisiandin^'
wi' have heen ur^iie.;' (.rei: i'litain for more tlian a year to unite with us in measiires to
pr, serve seal lile, tlien eon-iiieiations of nu'icy as well as econoiny and justice deinaiid
that v.e should st<ip the fiiilhei cruel starvation of thousands of seal pups hy takiiej; what
kcuIh are left and disposhi.v of their skins and coveriii:;' info the Treasury the proeecdti,
whiih would pridiahly leacli .".Udd.ddU dollars.
\ our ( 'omniittee llurel'ore unaiiiniou-ly reconuneiul the passage of tlieaccompunyiu^'
liill,
:.:i
No. f^l.
>'// J. I'liiDirrfatr li: ihr }fiiri] lies'* of Silllsliiirif, — (/{irrirrii Miiich lil.)
My I.oni, W'lisii'mijhii, Miinli I 'J. \^'M).
I IIWK tlic lidiiour to loiwanl Iicirwitii to your Ti()i'(l»lii|) cupy oi'a iiotu wliicli I
Iiav< K (lived fVoiii ll:i' I'liitril Slates' S'iciitary ot Sluti: risjucliiitr the tlircalciifd
f.vtiiK lioii ot'tlic scmI Ik'I'iI on tlic I'riliyloU' Islaiuh.
V\. Olncy slatt's tliat tlx- S|iiiiiil A;,'(i\t in cliar;,'f <if tlioNO islands rcjioit"* tiiat " liy
actual cuiint "Jf^.nOO stal |)ii|is diid Oil the I'libylotl' Islands diiriny tlii' pait si'a.oon troiii
stnivatloit, tluif inotlicrs luivin'.; hci'M killed at sen."
Ill- !il-(i (li:r.\s attiMliou tn tlu' iirnii'ct'di'nti dly 'aru'c catili of .sials in lli-liiini; Sea
•liiriti',' llif |ia-l "•asoti, and he iddx that it is lieliovrd that anotlier eutcii ol sinidar sizo for
tlic t'<iniMi!.; !«('a>;on will alnii.>t eomiilitelv externiinati' llie fnr-seal lii'id.
'I
Mr. ( Miii'v I'Miiit . (jnt ll:at u Ink-, lor the n asons uivcii 1)V liiin, ti
H ri' was ii Kiiiui
fnllinp; oi.' in \\:r loial catili i.f last season in the Nuilli I'aeilic and iielniiii,' t?ea asi
conifarcd *Nit!i tli" e il;'!i i f I'^'.l I, on tlif oilier ImikI, the e.iteli in lielirin,^ .^ea iiieieasi-d
vnrv Lii'-t Iv in I8'.i.">,
>liiiwii l;v the fi'.'uri'S ii'iwu in his note.
In liiiiijuin;.; these fails I, > '.hu attention of liir Majesty's (lovernment, Mr. ()lne\
ex|ir(sse.s the h"|ie tliat they will i.ali/.c the ah-oliiti! n(ei--sity of eonsentiii;^' lor tiie
coniiii;^' Miisini to .son.e farlii'.r ri'i^nlalion re^iiidin^; the fur .^eal li>liery, to the eihl i!i,il tliu
vuluahle herd may h.' >aved fron> tnt.d e\tennination.
ViiMr I<or(I.dii|i will (ihs.ive tnal no action is now |)ro|iosiil hy the United .*»tates'
Covernnieut in conjunction with l:u<Ma and Japan, or othurwisi-, for a revision of the I'aris
Awaid Ke''idations.
Mot in view ot the ahinnniL; (Uslruetion ot the seal pups from starvation on the
l'rih\!oti' l>lai:iis owini; to the e.\ee^.1Ive killing; of tlie niol'iers at sen, IKr Maje-.Iy'.-.
(j'ouaawii: 111 are nriti d t;> |;iv(,' thi-ir luiisint to some new ref;nlation applieald:' within
liiliriii;; Sea, wlr.i'h .xhall ohuate u ivsult ei|ualiy ealamiloiis to the inlerents ui hotii
eonntrie-i. As.snioin; the (aits >.|ated in Mr. ()lniy'> note to he nndi>pnie;i, Ids present
d in vonr l.onhhij)':
proiiosal does not a|tpi'ar to conliiet with thi- vi \vs e\prcssii
(li:s|,i;.(eh to Viseoiml (Joo'.ch of the I'l'th .Inly, i^'.K), as re'^-urds tiu' eireuinstaiKe.'i
wliidi would jiistily a deparlnie liom the l{e;;ulations javscribed nndi;- the I'aris Award.
I have tiaiisndlled a copy oi Mi'. Olnoy's i.ote to the Ciovernor-tieiKral of Canada.
J have, itc.
^Signed;
.ILldAN i'AlNCi;i'tJl'i;
Inehtsiire in No. III.
Mr, OInrii Id Sir ,/. I'lUinrrldlr
tlisiandmi,'
ita-ures to
e demand
al^iii'.,' "lall
|iroei;od.s,
Ivvi! Ili'iiry, Dr/i.irtiniiil of Sliilf, Wii'-hiiiijlun, Murcli II, IMXJ.
IN 1 iiimci'tioii witl) pnviou". eiMre-poedenei' upon the sulijret, I have tin- honour to
advise \oii < f the receipt ot' a hlter liom ihc .\etin^ Seeieiary ol the 'IVeasury td the
6th iiiMani, wherein he slates that aecoriiiii; to the last annual K port of .\Ir..). I'-, ('niwh-y,
Speei.ii A;.:ent in eh irire nf the seal islmds, it appears t!'at, hy aetual count, •J<,oni) so.il
|>ups (iK'd on the I'lihvloH' Islands duiin;; the p.isl season from .•'larval ion, their mothers
having lu'cii hilled at >ea. A caiel'nl i Nlimale, h.ised upon a lartial count, places the
nuinl)er ol pups wiiieii dud Iroin staivilion durini^ the season of IsDt at liO.ntiO. 'I'he
count for IMKi was earelully veiilied hy an aijiul id' the North Amerieaii (.'ommereiul
Companv njion the frihyloll' Islands.
Mr. ( lowlev'.-. llijiort, with other papers, w,is recently traiisndlt'd hy ihe Seentary
of the 'rreasuiy to the Senate, in coinpli.anee with the lli solution of tliat iiody, and is now,
I tini!i'i»l;md, in the himds of the pidilie prinlci', its puhlieation having' heeii ordered. 1
(ihutl leipu'st Mr. Carlisle to give me eopie-, of this [iid>lie.\tion w hen printed, and >hall .send
you, if jiossihle, copies thereof at the earliest praetieahle dale.
I de^il■e, 1 lao, to call your altentioii to the un|)recedentcdly large caleh of seals in
Jkhrini; Sea iluiini,' the past season. The total was -ll.lM), as eoinpared with .')I,;>S5
during tlie ^eason i)( 1S!j4. This is hy I'ar the largest eatch ever made in MeiiiiiiL,' Sen,
iuul :*. is I'ciiovrd »!;;it imutiiff cilcli ul •■! i.il.ir 'i/' '"Y llu' eo.iiiii:; •.'.i^-iti will nlin-i-t
CDiiipicU'ly i*xttT iiihatc du* rui-rt'.Ml lu-rl. I tun inlvini'd tliiit tlu' ;ircatrr p iilioii of tin
mmI^ killfd at «. a v.'fn' iVinalis,
'I'll.' tul-it e:t!i!li «!iifincf tlic lii.t sou-*.'!! i.i llu' Nmili I'afit'n' -inl llfinin. S.a (V )in tlir
.\ni(ri<:iM iunl was .',»» J'.l I . .it coii.jmr il nl;li tin- ;i>t;»l I'.jr |."'lll ..i •il,.'';''^. ;!ie s:iiall
falliiv^ ml U ini; liuf to lli.- incK* i i-ncv <>( iIi" .viMitlicr h.-lweoii <faiiM ivy ami May alon-^
tlu? ir.irMi-wi'f^-ri! nuti, iiiiil ,^\^ii u> llu* (iiiiiimiti >ti •>!' i. m m.-.h ii.ivi. Oil tli ■ iit1i;*r liaii I,
till" catili ill l>fliriii',* •''>«i iii'*rc:w(.(i vciy !ai"i;vly, us ijic li.'niv* lu'iiiii rcliirifil In willclca.h
ilidicatf.
I Iiivo li;<M'«'ht it Ji(lvii»abli', liioicfuri'. ti> Itriiij; lin-v-i.' fai'ts to ynur "•♦entimi iii tin
lio|M' tir.tt lltM" Majc.'ty** («oViTni»ii?iit will ri-uli/'.' llic ii')N)lutc iicccii-<ity urcoii.-fiitiii'^, lor
illf ( !i:iiiiur Mvjiun, to •«■» IK- tui'll: •!• r.i;iilAiiiiii ir^Mf.liii^ til " rui'-s.al iixjiory to tlu; i-inl l!i;;l
tlic valii.ilile lier;i ;ii. y Uu siv. d IVdiii lot;;! i-xtTiiiIinitioii,
.\^\iiiir til, It t:ii» iii.iltLr ni ly lu- pi'niii[iily iiiii I ii.n IKr \I,lik^lJ'rt CIiivi in:ii. i.t,
iiii'l tiiiit I II ay lie aUviktil ui llic ci(iiclii>i()ii imclicd tluTKiii witiuiir. iiiinA-o ..ry dil.iv,
I liiiv.-, i>;f.
isiiriicd) i;uii.\i;i) .ii,Ni:v.
'*,
ml
.M). ; .1.
>■/; ./. P'litc-tU til ll.c .UonyiM'.v.v '/ :<'illiliiir:i, — (Hki irvtl Ajinl 1.)
My l.nni. W'l.-.hhxjtnii, Mnrr'. -J.-J, IMXI.
Wrril id'ciTtii' t'l yi'ur I.Didsliip'y df piuii m lii • iJlht iiltiuiii, 1 have the
lioiioiir to lia:isiiiit lu"U'«itli i-opy ol a iiv)tc wliii U, iii iicconiuiu'e v\i(li tlu- iiHtnictioiis
tla-iiiii rout.ii:;.d, I linvi- addu'i-oil to tlic UliiUil States' (J. )VC'rriiiii;til uii tlic Mil.jtvt til'
tlic iinr''ccj»aiy iiitcrlVrfiuv ot" L'uitod Siatt'i»' . r.iisoi* willi IJritisli scaliin,'«virs<f|s iu
lUlitiiiu S .1.
I h. iVi', &(•.
(Si-tifdj .11 LIA.N I'.VrNCI.lD'rj',
Iiu'losurt- ill \o. ■\7t.
Sir ./, I'iiiiiifrt'iit' .1/ Mi; Ohii/,
Sir, Wiisiiinijioii. MiikIi lit, l^uii.
iil.it .Miiji'.«tj'^ (iDVCiiKi.nit li..V(' liiid uiiii> !• tluii' I'cii -iiii-'ialiDU lltiJiiit- liiiiii Uiiti.-i.
i)!tic"iids ri'spiftli.i: tliu Milling ."la-.nii ol |!*',)'>, in uhicli ciiiiijilaiiit i:* iiKniiot'tln piMci? 'in;,"*
of tlu- L'nitid States' rt•vcllu^.-c^■lli^el•8 iii k'iiii liiii^' aii'l ^ izini,' riiiii-li w^s.js wiilioiit
siifKcicnt cau^c.
I am liiiccti'd Iv i It r Majesty'^ IViiieipul Sforciarv ol' Sl.iti liir Foi'ii-ii .\l!aiis to
I .itiiiiuiiiifi.ti- to your CIoviTinieiit tlir inclo-id docnmciii^. ami to Miliinii tin- tojiowini;
oljsfU'atiniii tlicrvoi).
Tlic doeiiiiit-nts foii>i»t of —
I. A kttcr lioiii til" Cnllcctiir of ('a^toiii!« ar N'ictoii.!, of tin- l.'iili Oiloh. r las!,
-. .\ Dn lanilioii of l-.aac A. tloiild, lll:l^t(•r of tin- .scaliiii:-s('lio.)iu r " Kallicriiie,"
ditailiiv.; tin- mrtliod-i otlioardiii!; mid scaivliiiij; vi'-s-ls, and of tin; < xainiii.itioii of r^r.nU
-K'iiw.
:\. A Statement of the iiiuucsof British vin" '• loarded hy United St!it<^' palrol-ve-inold
duilnu' t'u' M'aMiii IJ*0"> initsid'' the l)()-irili- /.i iir iniiiid tiic IVilivlod' Islaiidh, with the
hititiid'- and Imiuitudt' at the time ot'iaih vnii.
1. Copy of a eleaiaiiee rertificite i>riled to the Ihilisli Mulih^-ve-.sel " K. it.
Miivviii,'' h\ Lieutenant ('nrii.i; ■ . I'l lied Hti'tr-;' Acliosr Ciistoins OlHcci' at ilie Island of
Attou.
It uppcaii* fr un lh«i>e pipeis that >iv.\ of t ■.veiil_\-liine vcs.clv which had then
reliiiii'.u :ioai |{ hiinu' S'e;i, no less tlmn nventy^ix hid hren noaniod l>y United ^3flltes'
iitlicern, ai'.ihht^'e, iti thu air^^iei^ate, ei};hty-t\vo limes. The aver.itje was, tlicrelbre, more
than fhiv.' I)uar<iitr_s (or each ves-.el, and in one case, that of the '•Sapphin-," tiic vessel
will !n<aided >ix tiiiif* in the tourso of t\\eii(\ four days. Iii nearly everv instance the
AA
IIMIVI- 'IIIL,'"'
Hfiil sKiiit y\v\v rivi'ili:iiiK'<l, uiiil t'Xiiiiiiiicd mid Iv'lt in < 'Mif'ii'sioi., ;iiii| on c: < !i (loiiiiiiii tlu y
IiikI 'n III i('|).icl.c(l ill '<iilt liy tiio (ii'\\>. 'i lie ii«>r r(siilt of all this l.ilintii- •■■■n\ iiiiiioviiiu-a
tviitt tliiit iIk' (r.tiic* it' till' lii.'himk of tlir " I'citliiiv" win- iomitl to In- :i I'-ix iliivs in
iin(;ii', mill lliiil M iidl ' 'AX (iisciivri'ivl in one M-,'il-<«kiii. <>nt (if .i lmuo of M-^'i ou i).i:iiii tlio
** K. II. Mmviii,' wliuli. in tin- ('|iiiiii)ii of tlir I'niud Sliito-' iiimiI ollUcr, liiil llu-
u|i|uiii':iii('(' ul hriiiu a xhoi wound. Dotli thexc vcisrl.-t wvw '•ci/.i d, iiiiil wui^ Hiiiis('(|U!'iit!y
sent to \ ictoiii loc trial.
.\ilihii;d u-pluMiMiii iird tiic Oditi r Coiiimniidiii^ lit r Majfsfy's .<«iii|i " I'luii-ait "
liiiM' ;i!-o c'oiiiiiuiifcd oil ll.o IViijiuikx vsiih wliidi tiic V( s«iU wiic ^juiim, ainl on tlic
inmiiKT III wiiicli tin- Maicli \\u* coiidncUil. 'riic.-c Ivo olliain ^-lalf, iniiirovi'i, that tlic
men ulio (oitunand the sraliii^'-^'elKoiicih aii' iiumt aitxii uk t'l cairv out all IS-milutioiH tu
till- Irttrr.
lit r .Miij( .|\'> ( iovi viiiiuiil liiivi! al«o inn iiiloinnti tliat ihc I iiitnl >tMtis' nav d
ollicci' . cm HJdrifd thcnn'L'lviH aiillioii/fd i<y thiir iiislnulior> Xo luiurd iiidi^criiniiialcl) ill
Hiiii-ii srah r>,
It will he (.h^crvod I'min tl:i' ror(';:i>lii^ >liiiitnai\ tlial ihr rinnpl lints ni' tlu-
st'alii!i:-v( •.-(■1^ auainiit the I'liiti'd Stati"' i\ veiiuc-Pitii'iMs IkIoiiu' to tliin' diili'int
catcsjoi ic- :—
I. 'I'Ih' M'ixiiic i;l V(«>i'l!- for alk'i!;<'d < ihim.A on cvidiiac oliviou-lv inMiilicieiil.
". 'I'lir fXPriitic ol t! i- liulit ol' sciinli in ia«i's wluii- in Mi-ipiciim i N'^ts ns in an
oHt'r.cf liiiviii'/ Imn coniinitli'd.
:>. \ cxalitnis and iiu|iii->ii<iiiai iiili'iti'iiMiir.
\N itii n",'iird to tiic (jn»>t on ol >.ri/.iiic, it \\.\-< iiointt d o'.it in .1 n^ tf to
Ml. ( li ham ol the 'UHl: ,\|iiil, \^\i4, and it h..> .-incf i)r«Mi iioliliid to ymir
<io\( intiicnt on scvi'ial ticcasiuii'i, that the I'liitcd St.itf,-' (rni^i'm air only ('tn|!n\M r. I liy
till' niiii»li Order in i'l^niicil to Mi:'.r I'li i-li \\smI.h (utiliavi'iiin'.: tin- |i;ini->ioii^. «,i' the
Hnti>'' Act of I'ai'li.iaicni, \vi:icii contain-, im |iii'vi-.ion •.ia.ii.ii' to »c(ii iii l() ni the Uiiiti'<l
Slate' Act. anil that the Uiutcil IStidcs' naval olliccis have, thcrcl'oic, no power to (*eizc
iirili>-h vcv.cis iiu'irly on the iiruuiui tliat tiny have .sealiii'.; appantii.H 01 iinpleim i:t.s on
hoard.
'11. c I'lilisli .\c; ot I'l'iiiainoiit only iii\c> a power to .-.ei/cwiicn an olliiiec hat
l>i en coinmittcd, and thcOnhr in Coniicil .mthoiixes tlu- sei/.me ai.d dcl'iition ol' any
lhili>li ve.'>sel whieii lias hccmnc liable ti ho ioiicite.l. h'.vcn hy the I'liited Statr-.' j.iw
no '.•eneral pov.cr is eonlcircd to hoaid and •'eareli xecseU without sjiecilic '.^r.mi.ds ol
sntipieioii.
Aecmdinjilv , hy dirrction ol the .Mai(|i;i>> ol Saii'lnny, I h.id the lionom. in a
note (d" the Mtli Octidier last," to iiilorm you that Ihitish 1 aval otli(ei>. \V(mld in fntuie
dc'.diii;' to fid<e over any Ihiti^h ve^scl sci/c d hy an Amerieaii crtii-ir mile^s lim
Dcclaiotiiiii alle;,'ed a .>*pieihe "Heiie.', whith is a emitiaviiilioii of tl.c Hriti-li A.'t ol"
I'ailianieiii.
'lie ic appears to have hten Mimi' nii'-coni'eption nii the par! ot the L'niied .'^fatt.;^'
naval c' "eerh, who Imvc uttcinplid ti apply l'niied States' law to lhili«!i ves>els, as is
shown hy the eleaianee eeitilicat.' ,:.:iiintcd to the " I'). 15. .Marvin," iiy i.ieiiteii.int ('.niiiine,
li.ilcd .stale--' Navy, in whiih the I'rocj.nnaticm of tlie I'rcsid' iil and tile I'nit.d Slat, s'
|{e.;n!atioiis arc (piott;!.
.\ copy ot this t'Ciiilieate i.s anions the doeuiiunt.s iiu'loscd, and I aai direeted to
hiinir it tu the notice ol'yonr (ioV( rmiient, with the ie(|uesl that the I'tiiteil -States' naval
otruci>. may le inrormed thut their power-, ;>> (ar ;:s Mriti-h ves-els are eoneerned, e\i^l
solely ill virtia; ol' lh(> Mrit>h .\cl of I'.irhamirnt, and the (>iderin Conii'-il iss.:i'd under it,
and an- rc.>lrietcd within the limilN ol' the pro\i-ions hy which tl,n-e powers an- therein
detinei!.
The exercise of the liiiht olMaien i- hh' wise snhjcct to rcstnetioiKs.
The Hritisli \et of I'liriiamcn: ciait.niis no section en.ihUnu m olliecr to -tep am!
examine any vcssi-l such a- existid in the Sc.d Kisluty .Acts «)| I -111 ,iiid I. *>'.».!.
The Arhitration Award ri'(|iiiird that tin- (drenees >pcci(ied in Articles I and 2
shmilil he piuhihitid, hut did ii'it re(piiie any ])rcveiitive aelmn la t'i;r;- the '•ommi'-'ioii
ot the oH'cmc.
ir an ollieer has lea.soii.ilde eai'?.- to suspect a vei*H( I ol ii:ivmy committed nn
otleiiee, it i-^ open to him t t stop and e\.ii; ' le iier, hut he is clearly nol justilied, in the
ahseiice ol any speeitie iiiDund Cor 8U«; icioii, n stoppiiij; and cxamininy every vessel he
meets as a purely preeautionary or pre m 'JVi niei.suro.
In any cine, tiie v.-xaiiou^ and 1. le die i-lor iiitcrrerence reported durinj tiie past
• .S'ci- .No. -JS.
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season gives just cause for complaint. Among the points agreed to by the Secretary of
the Treasury when 1 had the lionour to discuss the subject with him by desire of
Mr. (Jresham, with reference to tlic instructions to the United States' naval officers ia
May 1894, were the following: —
That the masters of the sealing-vessels should he protected from inquisitorial examina-
tion ; that no soalins-vessel sliould he seized by reason of the absence of a licence, or of
fishery implements being found on board ; thai the United States' Naval Instructions as
to the mode of dealing with sealing-vessels SMould be i^imiiar to the British Naval
Instructions ; and that the rnval officer who examines a sealing-vessel shall leave a
ccrtiticate witii tlie master for his i)rotection against interference.
1 would refer you also to the Memoranduin of airangements agreed upon and
recorded in niv note to Mr. Giesiiani of the lOtii Mav, IS04, and in his reply of
the Uth.
These jirovisions, which had special reference to the arrangements for sealing-up
arms in 1S94, show the spirit in which the instructions for carrying out the Award
were issued, and it is essential that an International Agreement involving questions
of so delicate a nature should be administered with mutual lorbearance and modera-
tion.
Her Majesty's Government feel sure that it is not the intention or desire of the
United States' {joverntnent that men engaged in a perfectly legitimate occupation, who,
according to Loth British and American report?, are most anxious to observe strictly
the Regulations 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 powers with the same consideration as
would in like circumstances be shown to such vessels by Her ^lajcsty's naval officers,
and Her Majesty's Government have no doubt tliat when tlie 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 tlie high seas wiiich has given ri;c to so many coinplaints,
and which is not wairanted by the provisions of British law.
I have, &c.
(Signed) .JULIAX PAUNCEEOTE.
No. ;]G.
^i
Sir J. Pauncpfolc to the Mitrqness of Salisbury. — {Received April 13.)
My Lord, Wnshington, April 2, 1896.
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 Jlritish vessels without sufficient cause in Behring Sea, I have the hont^ar to
inform your Lordship that I am in receipt of a note from the Secretary of State, dated
the L'tlth ultini' , informing me that the subject shall have the prompt consideration of
his Government.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 37.
The Marquess of Salisbury to Sit J. Pauncefote.
(Telegraphic.) Foreign Office, April 17, 1896.
I HAYl] received your despatch of the 12th ultimo. A reply to the following
clFect is being sent to you by this evening's mail : —
The representations of the United States' Goverament have been carefully consi-
dered by Her Majesty's Government, but no proof has ever been given that the morta,lity
of pups is to be ascribed to pelagic sealing, and, in the opinion of Her Majesty's
Government, the evidence does not tend to show an imminent risk of the extermination
67
of the seals. The necessity is not established for at once imposing increased restric-
tions, and there would not now be time to give effective notice of an alteration in the
Regulations.
The desire of the United States' Government for all necessary and practicable
measures for preventing the destruction of the seals is fully shared by Her Majesty's
Government, who propose to employ an additional cruiser this season or. patrol duty.
Notice has been issued by the Canadian Government that nursing females should be
distinjroished 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 PribylofF Islands, and the Canadian Government likewise wish that
Mr. Macoun should go to continue his investigations. These 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 facilitate and co-operate in their
mission.
It is suggested tliat it might be possible to arrange with the Company who lease
the catch to permit thera to take paissage 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 Marquess of Salisbury to Sir J. Pauncefote.
Sir, Foreign Office, April 17, 1896.
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 herd.
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 question 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 sealing, and the radius within which sealing was prohiljited round
the Pribyloff Islands, were deterniii.ed after full consideration to be sufficient to protect
nursing females whose pups were not able to provide for themselves.
It should also be borne in mind that in the Behring Sea catch of 1895 the proper.
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 scalers 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 catclies last year, as in the previous year, does not point to the imminent extermi-
nation of tlie seals.
The returns show that the Canadian sealiug-vessels all kept well outside the GO-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 tliis
point, it is not stated whether any difficulty was experienced in obtaining that number 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 71,800 in 1896 as compared with 71,710 in 1894, being only about half the toi,al
catch taken in 1889 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,
[038] I
{ ■
r>H
' y
Her Majesty's Govcnimeiit see no reason to bolieve f^at it is so lar e as to threaten early
extermination.
The necessity for the inmuHliate imposition of iiicroasrd re^rictions to take effect
during the coming season does not therefore appear to he established, and it must he
borne in mind that at this late period it is no longer possible to ^ive efrectivc warning of
any change in the liecul.it ions to the large nnnilier of vessels winch have already cleared
for the Japan coast fisliery, and which will, after that is concluded, proceed to Beliring
Sea for the opening of the fishery in August. The imposition ot restrictions without
duo warning would cause great confusion and hartiship, and would undoubtedly give
rise to large claims for compensation on grounds which could not with justice or reason
be disputed.
Hut Her JMajosty's Covernnicnt fully share the desire so strongly expressed by
Mr. Olney that all necessary and practicable measures should be taken to prevent the
possible extermination of the seals.
As a precaution for the strict observance of the Regulations prescribed by the
Tribunal of Arbitration, and now in force, they will give ilirections for the employment
of an additional (Muiser this season in policing the fisheries, although as far as they have
been able to judge, the force emi)loyo<l up to the present time has been sufficient.
In accordance with the desire expressed b} Mr. Olney in his note to your
Excellency of the Gth February, they have recpiested the Dominion Government to
issue a notice to the effect that the returns which the sealing-vessels are required to
furnish shall in future specify which of the females killed are barren and 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 necessity of further
restrictions in future years, they arc desirous at once to take the necessary steps for
conducting an independent inquiry on the PribylofF Islands into the state of the herd by
an Agent sent from this country. This gentleman would be a naturalist possessed of the
necessary scientific (lualitications, and care will he taken to select a person who will be
entirely free from bias in carrying out the mission intrusted to liim.
The Canadian Government are also desirous of sending Mr. Macoun again to the
islands this season in order to continue his investigations.
The British Agont and Mr. Macoun would arrive at the islands early in June and
remain until towards the end of Sejjtember, and Her Majesty's Government would be
glad if the United States' authorities would grant them ail necessary facilities and
co-operate nith them as far as possible.
It has been suggested that arrangements might perhaps he made with the Company
which leases the seal catch on the I'ribyloff Islands to allow the British Agent and
Mr. Macoun to proceed in their steamer as passengers ; and I shall be glad if inquires
can be made on this point. It is understood that the steamer leaves San Francisco next
month.
Your Excellency should address a note to Mr. Olney in the sense of this despatch.
I am, &c.
(Signed) SALISBURY.
No. 39.
Mr. Bayard to the Marquess of Salisbury. — {Received April 20.)
My Lord, United States' Embassy, London, April 18, 1896.
I HAVE the honour to iufurin your Lonishq) liiat, in coiiipliaiici' with a request to
that effect made to my Government, throuu'h the Imperial Russian Ambassador at
Washington, 1 have been duly instructed lo co-operate with the Itnperial Russian
Ambassador at this capital in the neirotiiitions which, I am '.'i\en to understand, have
betn initiated by bis Kxccllenjy with your Lordship for the extension of the Award of
the Tribunal of Paris of August 18J)-'^, establishing Regulations for the taking of fui-seal
in the waters of IJchring Sea, the North Pacific ocean, and the Sea of Okhotsb, and the
expansion ot the area within whicli increased protection to seal life is desirtd, alike by the
Governments of the United States and Russia.
I have, &c.
(Signed) T. F. BAYARD.
59
eaten early
take effect
it uiiist be
warning of
ivdy cleared
to Beliritig
)n3 without
i)te(lly give
! or reason
cpressed by
prevent the
bed by the
iinployment
s they have
icnt.
te to your
ernnient to
required to
hieli are in
hat this will
y of further
ry steps for
the herd by
essed of the
ivho will be
igain to the
n June and
it would he
cilities and
le Company
Agent and
if inquires
^neisco next
despatch.
SBURY.
18, 1896,
a request to
bassudor at
iui Russian
•stand, have
e Award of
of fui-seal
sh, and the
alike by the
lYARD.
No. 10.
Sir J. Pauncefote to the Marquess of Snlinhury.— {Received April 23.)
(Telegraphic.) Washington, April 22, 1896.
I HAVK the honour to inforin your Lordship, in rcCi ivnce to your telegram
of the 17th iustsuit, tliat the desirod ptruiission will be grunted i)y the United States'
Govcriinioiit to the C,'anii(iian otlicml and tho Knglisli natiuaiist whom it is proposed
to dispatch to the Pnl)ylotf Islands, and application will be made by the United States'
Government to the Company for steamer facilities.
No. 11.
iSir J. Pauncefote to the Marquess of Salisbury. — {Received April 24.)
My Lord, Washington, April 14, 1896.
WITH reference to your Lordship's despatch of the 2 1st February last respectmg
the sealing season of 1895 and the proceedings of the United States' revenue-cruisers
in searching and seizing British vessels without sufficient cause, J have the honour to
forward herewith to your Lordship copy of a note which I have received from Mr. Olney
in reply to (me which I addressed to him on this subject.
The Secretary of State reviews at length the complaint mude in regard to the
proceedings of the United States' revenue-cruisers in searching and seizing British sealing-
vessels in Hehring Sea and the North Pacific.
Mr. Olney states that the protest as to the action of an United States' revenue-cutter
with regard to the schooners "Webster" and " Wilhird Ainsworth '' will receive carelul
investigation by the Treasury l)e|)arlment.
The foini of clearance to be granted in the future by the revenue-cutter officers
stationed at the Island of Attou to British sealin^-vcssels wi'l omit any reference to the
President's Proclamation or to the legislation of Congress.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 41.
Mr. Olney to Sir J. Pauncefote.
Excellency, Department of State, Washington, April 9, 1896.
YOUR note of the 19th ultimo, prelerring, on behalf of Her Maje'-ty's Government,
certain complaints in regard to the proceedings of the United States' Revenue-cruisers in
searching and seizing British sealing-vessels in Behring Sea and the North Pacif j without,
it is alleged, sufficient cause ajjpearing therefor, heretofore acknowledged by me on the
25th ultimo, having been referred to the Secretary of the Treasury for consideration, I am
now in receipt of Mr. Carlisle's reply, the substance of which I have the honour to embody
herein, as expressing the views of this Government in regard to the matter.
Three general grounds of complaints are specified in your communication concerning
the patrol by the 'I'reasury Department during the past season of the North Pacific Ocean
and Behring Sea, under the Paris Award and the legislation enacted by Cireat Britain and
the United States respectively, for enforcing the same. These complaints may be
summarized as follows : —
1. That seizure of vessels lor alleged offences were made by officers of this Govern-
ment on evidence obviously insuthcient.
2. That the right of search was exercised in cases where there was no just ground to
suspect that an offence had been committed.
3. That the interference of United States' revenue-cutters in the opeiations of British
sealing-scbooncrs was vexatious and inquisitorial.
As to the first ground of complaint — that British sealini^-schooners were seized for
alleged offences on evidence obviously insufficient — it appears that three British sealing-
vessels were seized by American cruisers durinjj the past season, namely, the "Shelby," in
the Nortli Pacific Ocean, 11th May, and the " Beatrice " ..nd the " E. B. Marvin," on the
[638] I 2
I i: ■■'11
■*.. -1
• ■■ n
4.J'
60
' t.,
20tli Aiif^ust and 2nd September respectively in Behring Sea. Of these vessels tlie
" Siielby " was condemned by tbc British Court ; the " E. B. Marvin " was acquitted, l)ut
witliout costs, the Court deciding that there was reasonable cause to beheve that she liud
violated tlie law, and tliat the seizure, therefore, was justifiable ; and the " Beatrice " was
acquitted on the ground that the failure of the master to make the log entries re(|uircd by
the Paris Award was not a violation of the Behring Sea Award Act for which the vessel
could be forfeited.
These facts, it is beliaved, v.'ill satisfactorily indicate the discretion and good judgment
shown by our revenue-cutter officers in making these seizures, and will demonstrate that
the evidence of guilt was not " obviously insufficient."
As to the second ground of complaint — that the right of search was resorted to when
no just suspicion existed that an offence had been committed — it appears that information
was received by the Treasury Department that during the season of 1894 the law was
violated systematically by pelagic sealers, by having shot-guns conceixled on board of the
vessels and using them in killing seals in Behring Sea, alao that the log entries showing
the sex of seals killed were systematically falsified.
Under such circumstances, Commanding officers of revenue-vessels could satisfv their
suspicions only by making a thorough search of the sealing-vesscls met with during the
patrol. It would plainly be almost impossible to detect a vessel actually in the act of
violating the law by killing seals in the closed season or by fire-arms in Behring Sea. It,
therefore, became necessary to board the vessel, to break out the cargo, and to inspect the
the skins thoroughly to ascertain whether they appeared to have been shot, if in Behi ing
Sea, or whether they ajjpeared to have been freshly killed, if in the closed season.
In view of the dissatisfaction expressed in the communication of your Excellency, this
Government can only repeat the expression heretofore made of its deep regret, that the
lligulations for the season of 1894, agreed upon by Great Britain and the United States,
as to sealing-uj) arms and equipments, could not have i)een continued during the season of
1 895. Those Regulations provided a simpi :; and easy mode of satisfying the searching
officer that no breach of law had been or could have been committed. By sealing-up the
arms and equipments, much annoyance, whicTi would otherwise be inevitable, was avoided
both by the master of the schooner and by the searching officer.
Inasmuch, however, as Her Majesty's Government refused to agree for the season of
1895 upon a continuance of the Regulations permitting this sealing-up of arms and
equipments, or, in fact, upon anv Regulations, the only recourse left to the Treasury
Department was to order its officers in all cases to make careful and thorough search as
to infractions of the law, whether by the use of contraband weapons or in forbidden
seasons.
In this connection it may be proper to state that during the past season the masters
of twenty-eight Briti>h vessels at Unalaska applied to the officers of the Treasury Depart-
ment to have their fire-arms sealed up, and expressed great dissatisfaction at the refusal of
tl)3se officers to accede to their requests.
As to the third ground of complaint, that the officers of the patrol fleet had been
guilty of vexatious and inquisitorial interference, it seems necessary only to renew the
assurance that there was no interference except a careful examination of the vessel and
cargo to ascertain whether the skins were shot or freshly killed, in violation of the Award
and the Biitisli Act of Parliament and Orders in Council. It is respectfully submitted
that the right to seize and detain vessels, given to the officers of the United Slates by the
Behring Sea Award Act and the Orders in Council, confers by necessary implication
the right to search ; and it is further submitted that the right of search thus implied is as
complete as in the somewhat analogous case of searching neutral vessels for contraband of
war. Until the vessel is visited and searched, it cannot appear whether its purpose is legal
or illegal, whether it is licensed or unlicensed, whether, in short, it has violated the law or
obeyed it.
It is further claimed in the communication of yoar Excellency that seizures under the
Act of Parliament can only be made in cases where the British Act has been violated ; that
under the Britisli Act and Orders in Council there is no power of seizure, merely because
of the possession of forbidden sealing apparatus and implements.
Ndthinj; is contained in the instructions to the revenue-cutter officers inconsistent
On the contrary, these officers have been carefully instructed tliat the
British vessels is limited to violations of the British Act, and must be
exercised under British Orders in Council. If the officer has reasonable cause to believe
that an offence has been committed, he is authorized, as this Government understands, to
seize the vessel under the British law. To ascertain whether or not an offence has been
committed, the officer must examine the vessel, for, otherwise, there could be no seizure
with this claim,
power to seize
61
-]■■•■'•"["
vessels the
quitted, but
liat she liud
itrice " was
rc(|uirc(l by
tlie vessel
d judgment
nstrate that
;o(l to when
infonuation
he law was
oard of the
ies showing
satisfy their
during the
I the act of
ig Sea. It,
inspect the
in Beh'ing
)n.
3llency, this
et, that the
lited States,
le season of
c searching
iling-up the
vas avoided
16 season of
arms and
Treasury
h search as
forbidden
ie masters
II ry Depart-
refusal of
t had been
renew the
vessel and
the Award
submitted
ates by the
implication
nplied is as
itraband of
ose is legal
the law or
under the
ated ; that
Ely because
iicousistent
d that the
I must be
to believe
;rstands, to
i has been
no seizure
except where the vessel is caught in the very act of violating the law, which would rarely
hapnen.
As to the reference in your communication to an agreement with the Secretary of the
Treasury in the year 18!)4, thut the instructions to officers of the United Stafes should be
similar to those given to the officers of the British navy, your attention is invited to the
following extract from the instructions to British naval officers engaged in the patrol for
the year 1894, transmitted to this Department by the Honourable W. P. Roberts. The
letter of Mr. Koberts also incloses a copy of a letter from the Secretary of Rear-Admiral
Stevenson, of the British navy, in which it is stated that the instructions for 1895 were
precisely similar to those of 1894.
"If the vessel, which appears to be a scaling-vessel, is found in any waters in which
at the time hunting is prohibited, the officer in command of Her 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 during a fog, or is
there in the ordinary course of navigation on her passage to any place. 5f 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
has 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 other circumstances and indications, whether the vessel has been engaj^ed
in hunting."
The above instructions plainly contemplate that every ship overhauled by a cruiser
shall be carefully searched and examined for the purpose of ascertaining whether or not a
violation of tiie law has been committed. Although limited in terms to areas in which seal
hunting at the time is prohibited, yet clearly their spirit would seem to apply to searches
in Behring Sea, where seal iiunting by fire-arms is at all times prohibited. The right of
search plainly implied by these instructions has, however, rarely, if ever, been exercised
by British cruisers, for the reason that during the season of 1894, although the United
States' Government furnished twelve vessels for thepatroUing fleet, at an expense, including
pay of officers, crews, and rations, of 198,554 dol. 49 c, only one patrolling vessel was
furnished by the British Government.
Furthermore, during the season of 189.5, although five United States' revenue- vessels
patrolled the Award area, at an expense of 69,064 dollars, only one, the " Pheasant," was
furnished for 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 seafing 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 Ainsworth "
will receive most careful investigation by the Treasuiy 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 tu the President's
Proclamation or to the legislation of Congress.
X have &c
(Signed) ' RICHAED OLNEY.
No. 42.
Sir J. Patlncefote to the Marquess of Salishufy, — {Received April 30.)
(Telegraphic.) Washington, April 30j 1890.
BEHRING SEA Regulations.
I have communicated the substance of your Lordship's despatch of the 17th instant
to the United States' Government. 'Hiey urge strongly that the English riaturalist who
is selected to visit the PribylofF Islands should visit Washington before proceeding to
Alaska, in order to confer with the officials of the Treasury Department. It is thought
that his doing so would greatly promote the objects of iiis mission.
\ '4\^>"
tit
.If -I
«■■''
tmm
. lit
61
No. 48.
Sir J. Pauncefote to the Marquess of Saliibury. — (Received May 1 1.)
My Lord, Washington, May 1, 181)6.
WITH reference to your Lordships despatch of the 17th ultimo respecting
the possible extermination of the fur-seal herd in Beliring Sea, I have the honour to
forward herewith to your Lordship copy of a note which 1 have received from the
Secretary of State, in which he states that the United States' Government welcome an
independent inquiry by the British Government into the present state of the herd, through
British and Canadian AgentR.
Mr. Olney adds that the United States' Government will grant all needful facilities
for their investigations, and suggests that the naturalist selected by Her Majesty's
Government shall come to Washington on his way to Alaska.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 43.
Mr. Olney to Sir J. Pauncefote.
Excellency, Department of State, Washington, April 29, 1896.
I HAVE the honour to acknowledge your favour of tiie 27th instant, being an
answer to my note of the 11th ultimo, wiiereiu 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 imminent extermination of the fur-seal
herd.
Witiiout at this time adducing any additional considerations in support of the
position taken by the Government, 1 hasten to say that it welcomes an independent
inquiry by the 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 N^orth
American Commercial Company to give them all convenient transportation facilities on
its steamers.
I venture also to suggest that if the naturalist selected by the British Government
should come to Wasbingtor. on his way to Alaska, and have a free and full Conference
with Assistant Secretary Hamlin, the objects of his mission would probably be greatly
promoted.
I have, &c.
(Signed) R. OLNEY.
... No. 44.
The Marquess of Salisbury to Sir J. Pauncefote.
Sir, Foreign Office, May 13, 1896.
THE request of the United States' Government that they should be represented by
counsel at the 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 telegram of the 23r(l September last, is acceptable to Her Majesty's Govern-
ment, who see no objection to the cases being watciied by counsel on behalf of the
Government of the United States, and are willing that the counsel so employed should
be permitted to examine the pleadings and to make suggestions to the Government
counsel. Such suggestions should, however, be confined to the object of protecting
United States' interests, and could not l)e admitted as regards the enforcement of the
Behring Sea Award Act, the enforcement of that Act being the duty of Her Majesty's
Government.
Your Hlxceliency is accordingly authorized to signify the nsscnt of Her Majesty's
Government to the United States' proposal, with the limitation specified above.
With reference to thp suggestion previously made, that the United States' Govern-
ment should be recognized as a party to the litigation, with a locus standi before the
63
Court, I have (o state tliat Her Mni'esty'H Clovernincnt would t)o unable to consent to
sunh an arrangement in tlic existing ciit'unistanee.s. The aitnntion woulJ l)e altered if
the United States' Government were to outer into an Aa;reemtiit to satisfy the judgment
of the Court if the seizure shouUl he htld to be wrongful. 'I'hey would tlien have an
interest in the result of the ease, which would make it reasonable that they shoulil be
allowed in some form to take an active part in the conduct of the proceedings. The
otlicer who actually tnade the seizure might become formally responsible for ti:e i onduct
of the prosecution, and for any danuiges which the Court might award. It such an
Agreement ns to the payment of damages could be arranged, and if the United States'
Government should be unwilling to cop' nt to it merely on the terms of being allowed to
watch the case and make suggestions, L might perhaps be carried out by allowing them
to empl(»y solicitors and counsel to conduct the prosecution of the suit, in the name of the
Crown. This would insure that the United States' case would be presentuil to the Court,
not only ade(|uately, as at present, but in a nuvimer consonant with their special views in
each particular instance.
I have to request your Excellency to ascertain the wishes of the United Slates'
Government in tliis matter.
In the course of your communications you might sound the United States' Govern-
mcnt as to the proposal which has been made that an International Court should be
established for dealing with claims arising out of the action of the officers intrusted with
the enforcement of the laws enacted by the Legislatures of the two countries for giving
effect to the Award.
I nm, &c.
(Signed) SALISBURY.
■ '.':•. )
No. 46.
Sir J. Puuncefote to the Marquess of Salisbury. — (Received May 14.)
My Lord, tVashinyton, May 5, 1896.
ON receipt of your Lordship's despatch of the 17th ultimo, i addressed a note
to the United States' Secretary of State (dated the L'Ttii) explaining in the terms
of your Lordsiiip's despatch the views of Her Majesty's Government on the supposed
danger to which, as affirmed by Mr. Olney in his note of the 11th March last
(inclosed in my despatch of the 12th 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 Pribyloff Islands, though outside the radius prescribed by the Paris Award.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 46.
The Marquess of Salisbury to Mr. Bayard.
Your Excellency, Foreign Office, May 14, 1896.
I HAVE the honour to acknowledge the receipt of your note of the 18th ultimo,
respecting the question of extending the Seal Fishery Regulations embodied in the Award
ot the Paris Arbitration Tribunal to the western side of the North Pacific.
I er Majesty's Government wish to dispatch an Agent — a properly (jualified naturalist
— to the Commander Islands during the approaching season tu observe the conditions oi
seal life there, and to collect information as to the working of the existing arrangenent
with Russia, and they propose to apply to the Russian Government with a view to the
local authorities being instructed to aft'ord all necessary facilities and to co-operate with
him in carrying out the object of his mission.
Pending the receipt of the Report which the Agent will be instructed to furnish Her
Majesty's Government will not be in a position to enter upon negotiations.
I have, &o.
(Signed) SALISBURY.
64
I" * »t
r
No. 47.
The Marquess of Salisbury to Sir J. Pauncefote.
(Tck'jjraphio.) Foreign Office, Mm/ 16, 1896.
REFERRING to your tele^jram of the 30th ultimo :
Instructions will be given to the Agent selected to visit tlio Pribyloff Islands to
proceed by way of "Washington, as requested by the United Status' Government.
No. 48.
Sir J. Pauncefote to the Marquess of Salisbury. — {Received May 18.)
My Lord, 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 scaling season.
jMr. Oiney 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 ciiarge was
made, not by I. 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.
Excellency, Department of State, Washington, May 2, 1806.
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-cutter last year fixiled
to seize two American sealing-schooners which were within the proliibited zone of the
Pribyloff Islands, I have the honour to state that the Department has received a letter
from" the Acting Secretary of the Treasury, in which he says tliat 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 liord, Washington, May 8, 1890.
IN my despatch of the 5th instant I had the honour to report to your Lordship
that 1 had addressed a note to the United States' Secretary of State, einbodjin^ the
terms of your Lordship's despatch of the I7tli 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 liehrin;; Sea is exposed by reason of the
increase of pelagic sealing and of the slaughter of female seals in milk.
I have now the honour to inclose copy of Mr. OIney's reply, from which it a|)pears
that the accuracy of the facts stated jn my note, and of the conclusions drawn therefrom,
66
6, 1896.
Islands to
tit.
)
6, 1896.
ote which I
;o the note
ch last, I
ited States'
<; season.
J the effect
:an seaHng-
nd he adds
1 officers in
cliarge was
' Webster,"
EFOTE.
2, 1896.
ilates to the
year failed
one of the
ved a letter
officers in
ind reports
)n.
JLNEY.
8, 1890.
ir Lordghi|)
odjinj; the-
ws of Her
tiie United
ison of the
it appears
therefrom,
is challen.;ed by the United States' Secretary of the Treasury, in whose Department the
subject ol tlic seal fisheries is s|)ecially dealt with.
I have &c
(Signed) ' JULIAN PAUNCEFOTE.
ludosuro in No. 19.
Mr. Olney to Sir J. Pauncefote.
Excollono\ , Department of Stale, IVashiiigton, May 7, 1890.
HAVING sent to the Honourable the Secretary of the Treasury copy of your note to
me of tlie 'J7th April last, I am now in receipt of a letter from the Secretary, from which
the following extracts are taken : —
" In tlic note of tlie Hritish 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 7],7H» and 71,300 respectively. Wiiile this statement is substantially correct
for tiie year 1895, it would appear that in the year 1894 a larger number was taken,
namely, 70,871 — 01,838 at sea, and l.5,0;53 on the is^lands.
"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 sealiufj-vessels in
Behrinp Sea made practically as lariie catches during the season of 1895 us in that of 1894,
whk'h fact the Ambassador contends does not point to the inmiediate 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. cc, wherein it appears that
the average catch per vessel on the north-west coast fell off 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 Hehring
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 mainfained at the figures
cited is because of the fact that Behring Sea is a nursery for the herd while it is on the
islands, and of the further fact that the seals can be killed easier while in Behring Sea than
when travelling off the Pacific Coast towards the islands.
"Tiie statement of the Ambassador that the total land and sea catch from tha Alaskan
herd in 1895 was only about one-half of what the same 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 which 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 catch — ')6,2!.il — had increased
to 78 per cent, of the total — 71,291. From 1880 to 1895 the pelagic catch increased from
about 8,000 to 5fi,000, or 600 per cent., while the Pribvlolf Island catch decreased from
105,000 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 any change in the Regulations, and that vessels which have cleared already for the
Japanese coast would he seriously injured by any change at this late date. I have the
honour, howevei', 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) mCHARD OLNEY.
No. 50.
The Marquess of Salisbury to Sir J. Pauncefote.
Sir, Foreign Office, May 21, 1896.
WITH reference to the note from Mr. Olney, of which a copy was inclosed in your
despatch of the 14th April, I have to state thiit 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 sealing season of 1895, British
vessels were repeatedly overhauled without sufficient cause, aud, although Her Majesty's
Government have no desire to prolong the correspondence on this subject, there are
certain points in Mr. Olney's note on which it seems necessary to make some comment.
[638j K
:Viil
M
I'i
^"A-'
• ''-Hi'
;;T^ : .■
ri^^'S;
■ f "'."
^; -■
,v*
■^. ■
«*;;
?^
" -*
;s«ir=i
;tr
^i'.-
■ <-..
}|»>r MiijoHtyV OovorntiuMit hiivo now Icnrnt for the Wni timo of the ri'iiort whirli
roftoluMl (lu* Uiiiloil HlaU's' TroiiHury l)i<|)iirtiii«'iit Hint tluf law lirul Ihumi HyHiiMimticalljr
violated ill |S|Mi liy tlu> imo of tln<-ariiiH in Molirin;; Sea, and hy iht' making of fulHo
«<ii(i-ioH in (lio lo^H aH to ilii> hox of (lie NoalH wliicli w<>rti kiiloil. Tli*^ lirHl part of liiat
report iH Hcarcfly consislonl n ill) liio iiu't that Itritiwh vchhoIh Hhowcd Hnch rratliiicHH to
liiivo thfir arniH Noalcil n|i in IHilt, ami apiin in 1805.
'I'hc UniliMl Sfatt'H (iovcrnincnt arc, moreover, well aware that Her Majesty'H
(ilovernnieiit cnily refuNetl to renew (ho a^^reement for tlie m*aliii;;-n|i of ariiiH in IHOA,
lieeiiiiHe it liuil mil JilVonleil to Mriti.Mh vossoIh the iininnnity fnun Heareli which hail liecii
exiicctcd to rcHnlt from the oliHcrvancc of itw ]irovisionM.
It shonld hIho ho remcmhcred that thoH(> vcHmtlH which cleared fr<Mii Itritish
(\)lnmhia direct for Melirin;;' Sea were fiirniHln<d with certiliealcH that they had no arnm
<ni hoard, ami that, in tiie ^;i'eat majority of cascN, they were manned with only Indian
spearnien ax hunterH.
If these circnmstanccH were not cimHidered conchisivt? hy the United States' Itevenno
oIllceiH, a Niiifile search would hav(> sulliccd to Hctlie the matter, and also to verify the
accuracy of the entries in the lo'.';-hookM.
Her Majesty's (iovernment are nnahle to accent Mr. Oliiey's viewH in rej^ard to the
rifjht of searcii. In the ahsem-e of circumstances warrant in^f suspicion, the scaliiif^-
vessels are «'iilitled to ho exempt from e\e<'ntiv»^ iiiterlerence, and the llritisli Act of
I'arliamenI and Orders in Conncil do not' ^ive any general rii:;lit of indiscriminate search
for the purpose of discovering^ whether an ollenc** has Ikmii connnitteil.
Il may he presumed, however, that the (Initcd Stales' aiilhoritics hav<! now con-
vinced themsidvos that the imislcrs of Krilish seidinj;-vesscls do not Hyslemalically
violate the law, an<l tluit tiu<y have dono their i/CHt to act in coni'ormity with the oxiHtin^
Weuulalions.
I have to rcipu'st yt>ur l'!\cellency to connnunicato the iorefjoin^j remarks to
Mr. Ohiey, and to say tlial Her Majesty's (Jovernmeit trust liiat (he rij^ht «d' searching
Mritish vessels, conferred on I'nited States' naval ollicers l»y Imperial Le^jislation, will
he exercised with the dis«'riniinati(m n'tpiisite in nsiujj; so exc<'plioual a |towt'r.
I mil, &v,.
(Sit,'md) SAMSHDRY.
No. r.i.
Colonial Office to Foreitjn Office. — {Received Mai/ 23.)
Sir, Doirniny Street, May 'ill, IH5M5.
WITH reference to previous correspondence respect inj; the proceedings of the
United States' cruisers to Hehrinu^ Sea Inst ycnr, I am directed hy Mr. Secretary
Chanilierlain to transmit .to yon, to he laid before the Manpiess of Salisbury, a copy
of a despatch and its inclosuies from the Governor-General of Canada report iuf? the
arrnn<ieinen(« which the sealers operating on the .la])aiu'se coast piojiose to make to
avoid (akiiiij arms and ammunition with them into Hohring Sea, where the use of fire-
arms in killing seals is prohibiled by the Rejjulations of the Arbitration Tribunal.
As (he vessels enterint!,nehriujj Sea direct from Canada are furnished with a cer-
tificate (hat tiiey have no (ire-arms or ammunition onboard, it appears to Mr. Chamberlain
that these arrangements will render any renewal of the Af?reement for the sealing-up of
arms nnnecessarv, and he would suggest that their purport should be communicated to
the United States' Government.
I am, &e.
(Signed) JOHN BllAMSTON.
Inelosure 1 in No. 51.
The Earl of Aberdeen to Mr. Chamberlain.
Sir, Government 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
e?
rt which
lint irivUjr
of flllKiJ
of Mint
lilU'KH to
iliijcsiy'rt
in lW>r»,
iikI Ixm'u
I ItritiHli
III) iiriiiH
y liiiliiui
|{«>V(>IIIIO
n't'xfy th«
1(1 to liio
• HIMllillK-
ii Act of
ito Hcnrc^U
now cuii-
Mniilicaliy
t! cxiHtinf^
I'lniirlis to
Hcim'liin^
iilion, will
lUIUY.
s of tho
Socuetary
ry, a copy
loilinf; the
iiinkc to
se of liro-
iiial.
th a ccr-
aiubcrlain
liiig-up of
nicatcii to
*1ST0N.
3, 1896.
honour to
Report of
the alleged
dintaliitfuctioii ot the Mutlcrit witli the fuilurn t<i ccuuw thv A^^««mc'nt fur HuaiiiiK-up of
ttriiiM.
«, You will ohwsrvu that it i» ntuteil that thu Kcnlem tlininiMilveH hiiv« tinxh! arran;^<;nicittH
to hiivu thuir araiH nhippoU tu Viotoria from Jupaiume portM licibro iuaviii|{ JaparioHu wati'ri
^r HuhriiiK bua.
I havf, Hit'..
1 , (Hi^n(!.l) AUKHDKKN.
; 1n(!loNiir«t 2 in No. ni.
( Extract from a Hepirt of the ('ommittm of thn llonnurahh the I'ritti/ douniil, approvrit
(It/ lim Guiirrnor-Utinnral on the l*< April, IHJMl.
Tlli'i C'otiiiiiitlci! of tiio I'rivy ('uiincil have liail under conHJdiiratioii thv aiiiioxed
Hcpin-t, (latrd tliu IHUi Man;h, IH!»«1, Iroiii tin; MiniHfcr of Mariiii! and FinhcricH, with
reference to tlio Report of (/'aptniii Hooper, of tlio United Stutes' r<!V»;nnfi-i:iitt«;r " Kimh,"
allrKi»K diHHaliHfaction hy British HcalcrH hniaiiHU Ihsr MajcHty'H (iovirnincnt liad not
aurccd to a renewal witli tho Unitiid iStatrn' (Jovcrninoiit of the nrranguincnt reached in
IHU'I for th(! placing of Hcidinx iinplcincntH under hchI.
'J'Iki (Committee, concurriiiif in the Huid Uepoil, adviHotliat your Kxceliuncy he moved
to forward a copy thcruof to tli'^ Iti^ht llu'iouraldu tho I'rincipal Secretary of State for
the (Joloniea.
All which IH rcHpcctfully Huhmittcd for your Kxcollency'H approval.
(Hi^Mied) JOHN .1. M(;(}lii:,
('lerk of the I'rivy Council.
InuloHure 3 in No. 51.
Marine and FisherifH, fjunw' <,
Ottawa, '..'. rc/»lH, ISOf'..
To liiN Excellency tho Qovomor-Gcneral in Council :
THE UnderHigiied I'lr tic honour to nsvert to a deHi)atch from the Beeretary of
State for th(! ColonicH, coveniiK an extract from a Keport* of (/aptain I]oo|)er, of tlie
United States' n vrinie-cutter " IluHh," alicgin<^ dJHsatiHlaction hy liritish HraltTH, that Her
Majesty's (iovcrninent iuul not agreed to a renewal witli the United States' (Government,
of tli(! ariaiiKcment reaciiud in 185)4 for tlic placiuf^ of Heaiinjf implements under seal.
Your Excellency will recall that this dcHpatch was dealt with in a Keport of the
Undersigned, cmhudicd in an approved Minute of Council of the 27th January last, afte''
lie had caused iinpiirics to he made of the sealers, through the Collector of C'ustoms at
Victoria, touching; the statements in the extract.
The result of such inquiry is fully explained in tho Minute of Council above cited,
and the ohjections of your Excellency 'h Government to the exiicdicnt reviewed at con-
siderable lcii|j;tli.
It was said, whether the circumstances and conditions of the case, as developed by
the events of 1895, would tend to change the views of Her Majesty's Government on the
point was not known ; but, notwithstanding the forced acquiescence of the t>ealers, the
conclusion could not he avoided that the reasons existing a^;;ain8t the measure, in the first
instance, retained their full force, and must he 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 ({uestion of waiving the principle may become expedient ; but it would seem
that some means might he devised by them, where such large interests are involved,
whereby their guns could either be transferred and sent home, or left in custody at some
rendezvous, until their operations in Behring Sea were concluded.
"Such a course might change the appearance of necessity for an arrangement for a
practical extensioa 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]
* See Iiiclosurc 3 in No. 'il.
K 2
«,^:'
68
i'*<
(.1^
rj'
'Bbhring Sea had such existed, since only that number operating therein were possessed of
fire-arms, and those conditions were practically ideiitical in respect of the year 1891.
"The Undersigned further ventures the opinidn 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 deprive sealing skippers of revolvers for their personal
protection, or their signal guns for recalling their men in these remote regions.
" The Undersigned would further report that he has caused instructions to be issued
that the sealers should again 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 tlie suggestion that an agreement for the sealing-up of arms prior to entering Behring
Sea should be reached."
The Undersigned would, observe >hat for this purpose he. addressed the appended
communication to the Collector of Customs at Victoria, explanatory of the position
of your Excellency's Government in this connection, and requesting before final action
that an attempt should be made to obtain the views of the interested parties 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 communications,
dated respectively the 10th and 15th February, 1896.
In the communication forming Appendix II, the Collector says: —
" In compliance with your directions to further consult the owners and masters of
sealing-vessels as to whether some means cannot be devised by them whereby their guns
could either be transferred and sent home, or left in custody at some rendezvous until their
operations in Behring Sea were concluded.
" I am pleased to inform you that I have seen the greater number of the owners
and several of the masters, and I have made, I think, nearly complete arrangements
whereby your wishes will . be carried out, particularly 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 has 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 the 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
■regardinj: any vessels which proceed to the neighbourhood of the Komandorsky Islands
endeavours will be made to have 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 HI 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 sealed prior to entering I3ehring Sea,
shows, as pointed out in the Minute of Council previously cited, that the canvass could
only have applied to eight vessels in all, and that many of the sealers denied that they had
been so canvassed.
Tlie 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
Principal Secretary of State for the Colonies, in continuation of the Report and Appendices
embodied in tiic approved Minute of Council of tlie 27th January, 1896.
i\cspeciiuui
(Signed)
I.I 1 ... .; ...■_•
f suomuteu,
JOHN COSTIGAN,
Minister of Marine and Fisherief.
.It
■
- i . :. .
1
69
)«sessed of
891.
life is not
ance as to
ir personal
be issued
be able to
er pressing
ag Behring
! appended
he position
linai action
ties on the
rour Excel-
lunications,
masters of
their guns
i until their
the owners
rangements
venty-eight
on board,
tinished on
of sealing-
liolc of Ihe
steamer to
to ship and
the expense
appreciates
out ; while
sky Islands
und vessel,
ing Sea are
bllector, in
r touching
ehring Sea,
nvass could
at they had
d a copy of
juiable the
Appendices
■N, •
Fif^herief.
APPENDIX 1.
Sir, " [riithiit'd.]
I HAVE to rovort to your Icttin' of the Gtli ultimo, in rejily to n I>iipartmoiit:il cinnnnini-
Ciition of the 24tli OctobiT List, on th'o suliject of tin; sealing-up of tliu implomonts of tlii' si'uling
fleet.
TliP nttitutlo of tlio soulers, in tins respi'ct, as giitliiTcd from your communication, is uinlcvstooil to
bo as follows : —
Tiiat wliilo tlicy at tirst strongly proti'sl aiiainst the arningcmi-nt for tlio scaling of anus, the
events and cxjicricncc of the ])iist fciison have indueeij them to ehniige their views on the sulijeet, und
after diligent inqtiiry among the owners and masters of sealing-vcssi'ls, whether they desire to have
their arms sealed nji, to jirevent intirrui)tiiin and srizure, you met with the reply that they did so
desire, so far as the liehring Si'a voyage was eonreriid, hut not at any other time.
The explanation (ill'ered heing, that a mnidier oi seal-skins were last year secured in liehring Sea
outside the til)-nule ziaie, with shdt-holes in them, which Windd be, anil had heen, elain.ed iiy the
United States' anth^irities. as sullicient reasuu for seizure of the ves.sel possessing tliem, and having
unsealed tire-arms on board.
The position amounted to the danger of facing linancial ruin, or having their guns sealed, which
latter expedient they conceived wnuhl prohal'ly lessen their chances of seizure.
You will, of eonrfe, oh'^erve, from the inchisnre to the letter of the 24th Octohi-r, 18'.*.", that the
sealers are made to a]ipear rather to regret the action of ]Ier Majesty's (lovernment on ret'iising t*)
agree to a renewal of the arrangement I'or the se!\ling-np of arms, and consideralile stress is laivl u))on
the ii.i'ident, that when they aiiplied to iiave their arms sealed, and were refused for want of autluaity,
their seenung cndiarrassment was imi'liedly atti'ihuted to the fact that Her Majesty's (iovernmcnt had
not sanctioned the renewal of the ex)iedivn; of the previous year.
This p'lsilion is entindy erroneous, sinee the Agreement for the scaling-up of arms, which
provided the only authority (Iri'at li.itain has ever given in that direction, was ciwilined solely in its
application to vessels iraversing tiie area afrn.ted by the Award during the close sca.-.on, and had no
reference whatever to I'l'liring Sea, inasmuch as those waters are not, under the new conditions of the
industry, entered by the s(>alers mUii the do.se season has expireil.
Therefore, even in 1S'J4, when the .Agreement was in full force, the United States' olliiials had
no authority to seal the implements of l'.riti.sh sealers, which entered IJehring Sea, on and alter the
1st August.
The conditions, therefore, in that year in no way dilTored from those of 189.".
According to Captain Hooper's statement, all the " vess.ds from their home ports were without
guns ;" and, according to yotir I!e]iort, only eight vessels which entered liehring Sea had tire-arms on
board, these being those which came tVom the Asiatic side.
Yet Hone of the other vessels, which had no lire-arms, were exempt from constant boarding, search,
and overhauling of seal-skins.
The volunlary nature of the lirst Agreement for the sealing-tip <if arms, was, through the incidents
of the " Wanderer " and " favourite," i>r.iveit to have been a failure, and Her Majesty's (lovernment
were induced to discontinui' it because it had not [irovided that protection against uinieccs>;iry inter-
ference which ostensibly it was de-igned lo do.
Any arrangement of an oliligatory natiue winch may grow out of the ]iresent featur- of the case
must nece<;sarily, it seems, .seriously att'ect every sealing-vessel I'ouml in the Korlli i'aeilic t)cean east of
the ISdtli meridian, lielween tlie 1st May and the .'list duly; aiiil in liehring Sea lu'twiiii the
1st August and the end of the sciisun. w ho-;c liru-arnis and sjiears on thi' mie hand, ami wiior^e li'.e-arms
on the other hand, had not already b en sealed when met liy a cruiser.
I do not regard it niiicessar. to discuss fully in this letter the details of the objections in
principle which obtain to any airangenient virtually extending the restrictions of the Award; luit
I Inive brielly statdl the above I'ealiHcs to enable vcai to eli'ectively discuss the qtiestion with
sealers.
ticnerally speaking, the same grounds as previoiisly existed to the expedient, and which operated
to convince Her Majesty's (iovernmcnt of its nnadvisability, are as forcible as they ever were.
It is .scarcely to lie conceded that liecausn circumstances can combine to coerce the sealers, through
fear of unwarranted and tlisastrous interference, to avail themselves of the only remedy ofl'eied tlieni
by the I'nited Slates' authorities, this is a fair and reasonable eondilimi of the industry, as vindicated
by the Award.
No such surrender of right, lucvever expedient, otight, it seems, to be necessary.
Should it apjiear that there is no alternative then a forced waiver of right and princiide, the
danger of thi' sealer might possibly suggest such relimjiiishincnt ; but while the position of the
sealers, with extended coiu'.nents, had l~een communicated to Her ^Majesty's (lovermacnt, [ should
like you, before linal action is taken, to further consult the owners and masters of sealing-vessels as to
whether .somt' means cannot be di ■ ised by theiLi whereby their guns could either be transferred and
scut Ikuuc, or left in custody ut some rendezvoii.s, until their operations in the liehring Sea were
coucluded.
Such a cour.se might change the apiiearance of the necessity for an arrangement admitting a
jiractical extension of the Award restrictions, out of which may grow other and perhaps more
objectionable expedients.
I should be t)bliged by aa early a reply as possible.
Yours truly,
..:'l
%
APPENDIX 2.
■>'
feu -
Cutlovu, Canada, Victoria, Britiih Columbia,
Sir, February 10, 1896.
I have the honour to acknowledge the receipt of your letter of the 20th ultimo, reverting to my
letter of tlie 6th December last, on the subject of the sealing-up of the implements of the sealing ileet,
iu which I endeavoured to give the attitude taken by the sealers in this respect.
I beg to say that I have carefully considered your letter, in connection with the inclosnre to the
letter of the 24th October, 1895, in which tlio sealers are made to appear rather to regret the action
of Her Majesty's Government in refusing to agree to a renewal of the arrangement for the sealing-up
of arms, and that when they applied to liave tlieir arms sealed up by the American officers at Dutch
Harbour, their seeming embarrassment was attributed to the fact that Her Alajesty's Government had
not sanctioned tlie renewal of tlie expedient of the previous year.
I have interviewed nearly all the masters who were in Behring Sea last year, and I could only
come to the conclusion that the statement made by Captain Hooper is erroneous, as all the vessels
that entered Behring Sea from this port had only spears, and that having reached 1 )utch Harbour from
their home port witliout tire-arms, there was no necessity for them to have any interview, or request
any favour, from tlie American officers, or to give any expression of dissatisfaction, as they would
proceed ou the 1st August from there to the sealing-grounds in Behring Sea, as those waters, under
the new conditions of the industry, not being entered by the sealers until the close season had
expired.
The sealers are perfectly cognizant that the only authority Great Britain ever sanctioned in the
sealing-up of arms was for the year 1894, and was confined solely in its application to vessels traversing
the area affected by the Award during the close season.
I am impressed from what I have heard that while the sealing-vessels were at Dutch Harbour,
just before proceeding to the sealing-grounds, stiitements 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 that many schooners might be found with some seal-skins with shot-holes in them, and
which it would be very hard for the unfortunate sealers to disprove having shot them; in any case the
patrol-vessel would no doubt allege that they had justifiable grounds for sending them back to this
port for adjudication.
The menacing attitude of the American officers as to the rigidity with which they intended
to carry out the patrol, had become well known amongst the sealing fleet, and no doubt at this
particular time at l)utch Harbour Captain Hooper might have found our sealers in a frame of mind
disposed to accept any reasonable proposition to avert the danger of interruption, seizure, and probable
financial disaster.
It appears to me Ihat Captain Hooper, in making a canva.«s of the British sealers at Dutch
Harbour to ascertain how many wore in favour of having their arms secured under seal, and which,
ho says, was found to be ..iiauimous, certainly ilid not intend to afford any relief to the anxiety of our
sealers ; but it was evidently for the purpose (if impressing them that the contention of the American
Goveriinient was correct as to tlie sealing-up of arms, anil so eiideavnur to throw the responsibility of
seizures upon the British (Joverniiient and U\ furnish the United States' authorities with a great lever
bj' the alleged admission of the sealers that the sealing-up of arms provided the only safeguard, and
might give grounds fo- the necessity for its extension to other parts of the Xorth Pacific Ocean during
the close season.
Itcferring to my letter of tlie lith Deceiiiber last, when I .stated that I had inter\uewed the masters
<if sealing-vessols ou their return as to the sealing-up of arms, anil that they had replied that they were
in favour of having tliem sealed in Behring Sea, 1 have now to qualify that statement and say, that 1
have had further conversation with the greater numlter of masters of sealing-vessels, including some
who were not at Dutch Harbour, who say tl.at they loyally supfxjrt our Government iu conserving our
rights iu the seal fisheries, and that iu the past it lias only been under threatened danger that they
would concede to adopt any course contrary to the wishes of the British ( overnment, and are aware
that any arrangement of an obligatory nature wiiich might grow out of tl e temporary expedient of
sealing-up of anus would seriously affect every sealiiig-vessel found in the lorth Pacific Ocean east of
the 180th meridian during the close season.
In compliance with your direction to further consult the owners and masters of sealing-vessels
aa to whether some means cannot be devised by them whereby their guns could either be transferred
and sent home, or left iu tustody at some rendezvous until their operations in the Behring Sea were
concluded, I am pleased to inform you that 1 have seen the greater numb<;r of the owners and several
of the masters, and I have made, I think, nearly complete arrangements whereby your wishes will be
carried out, particularly in regard to twenty-eight vessels which are now on their way to Japanese
waters, and have fire-arms on board, and wliicli are likely to proceed to Behring Sea after the sealing
season is finished ou the Japan coast.
I have arranged with Captain Cox, who is a representative owner of sealing-vessels — owning
himself eight, and tlie authorized agent for nearly the whole of the other vessels on the Asiatic side,
and who has already gone on the last steamer to Yokohama to look after the welfare of the vessels
with which ho is intrusted, to ship and return all the fire-arms from Hakodate by steamer to this port
at the risk and expense of the owners
Having had lengthy interviews ■wuh Captain Cox Ijefore 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 those vessels which may proceed to the neighbourhood of Copper Island he will
71
ColutMa,
Biting to my
sealing fleet,
losnre to the
it the uctioiL
le sealing-up
era at Dutch
ernment had
I could only
II the vessels
Sarbour from
vv, or request
1 they would
waters, under
) season had
tioned in the
els traversing
itch Harbour,
icers that the
•ms on board,
in them, and
I any case the
1 back to this
they intended
doubt at this
rame of mind
, and probable
lers at Dutch
il, and which,
mxiely of our
the American
spousibility of
a great lever
afeguard, and
Ocean during
1 the masters
at they were
1 say, that 1
eluding some
onserving our
ger that they
md are aware
expedient of
Ocean east of
ealing-vossels
ie transferred
ing Sea were
'3 and several
ishes will be
y to Japanese
er the sealing
?sels — owning
Asiatic side,
if the vessels
r to this port
the return of
Y instructions,
sland he will
endeavour to have their arms transferred to some other vessel bound home, or have them left at some
rendezvous until their operations in Behring Sea arc concluded.
As to the twenty-three vessels sealing on this side of the Pacific, they will all return here in May
to provision and outfit for the voyage to beliring Sea, and I will take every precaution and enjoin upon
them that fire-arms of any description will not be permitted under any consideration.
I shall endeavour to faithfully carry out your wishes, and I feel assured that I shall overcome the
difficulty of sealing-up of arms during 1896.
I have, &o.
(Signed) A. K. MILNE, Collector.
Honourable John Costigan,
Minister of Marine and Fisheries, Ottawa.
APPENDIX 3.
Customs, Canada, Victoria, British Columbia,
Sir, February 15, 1896.
I have the honour tn revert to my letter of the 10th instant, in which I may not have made it
sufficiently clear, in regard to the letter of the Commissioner of tlie 24th October last, and the Kepott
of Captain Hooper, tliat ho had made a canvass of British sealers at Dutch Harbour, and tliat they were
unanimous in favour of Imviug their arms seah^l up.
To this my intention was clearly to state tliat this canvass could only ipply to those vc 'sels having
firc-anns on board, viz., those that came from the Asiatic side, eight in all — as it is apparent that those
sealers who went direct from this side knew that they did not rec^uire any concession from the American
oflicers, as they hud only spears on board.
Many of our sealers, on being questioned by me, say tliat thoy had not been canvas.scd by Captain
Hooper or his ollirers as to their dissatisfaction on that point.
In regard to this year's operations, I wish further to state that Captain Cox will gratuitou.sly assist
the sealers at Yokohama and Hakodate to have tlicir arms oiled, ci roi'uUy boxed, and transhipped to
this port, wliich he iiii'oruied mc he had arranged to have cariied fur 12 dollars per ton at the lisk and
expense of the owners.
I believe that tlie greater number of the owners of thi! twenty-eiglit vessels in Japanese
waters have already advised their masters that Captain Cox will superintend the transferring of their
fire-arms.
The only difficulty that presents itself is regariling those few vessels which will go up to
Copper Lsland for a short season, and thence to Beliring Sea ; these I have advised to miiko the best
arrangements they can to return their arms by some of the schooners wliich may be returning direct to
this port.
The greater number of the schooners on the Japanese coust, after concluding their season at
Hakodate, and transferring their fire-arms, will not go to Copp(!r Island this vfiir, as it is considered
unprofitable, and it delays them from reaching the sealing gr(junds early in August.
I have, &c.
(Signed) A. R. MILNE, Collector.
Honourable John Costigan.
Minister of Marine and Fisheries, Ottawa.
No. 52.
The Marquess of Salisbury to Sir J. Pauncefote.
Sir, Foreign Office, May 28, 1806.
WITH reference to Viscount Cough's despatch of the I3tli September last, and to
my despatch of tlie 21st instant, I transmit to your Excellency, for your information, a
copy of a letter from the Colonial Office respecting the question of sealing-up fire-arms on
board Canadian sealing-vessels in Beliring Sea.*
I should wish you to bring to the notice of tiie United States' Government the
arrangements whicli have been made in order, as far as possible, to insure that the
vessels entering Behring Sea during the present season should leave their tire-arms
behind. You will also mention that those vessels which proceed to Hehring Sea direct
will be furnished with a certificate that they have uo 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, &o.
(Signed) SALISBURY.
• No. 61.
'
?!
^^:il4|
'1
1
\' (
1
'r,.iii
JV'V. V I I'- •
ri
i: \
'k '
V
i
! '
f i
r ',
72
No. 53.
;/iil^:';*
The Marquess of Salisbury to Sir J. Pauncefotc,
Sir, Foreign Office, June 15, 1896.
I COMMUNICATKD to the Secretary of State for the Colonies a copy of your
Excellency's despatch of the Sth ultimo, inclosing a further note from Mr. Olney on
the subject of the alleged decrease of the number of fur-seals in Behring Sea owing to
pelagic sealing.
Her Majesty's Government have no wish to prolong the controversy on this point,
more especially in view of the arrangements which have now been made for conducting
inquiry as to the present state of the seal herd.
Mr. Secretary Chamberlain has, however, furnislied nio with certain explanations
showing how the figures as regards the pelar.ic catch of 1894 given in your note to
Mr. Olncy were arrived at, and it seems desirable that these should bo communicated to
the United States' Government, in order to remove any tnisapprelicnsion ou their part in
regard to the statements made on behalf of Her Majesty's Government.
'I'lie tigm-es of the pelagic catcii for 1804 were taken from p. 42 of the Statistics
relating to the Beiiring Sea Seal Fislicries, recently l;iid before Congress as an Appendix
to the Aiuuial Report of the Seeretaiy of the Tri-asury ; and the number of seals killed
on the islands was found on p. 6 of the printed Report of tho Canadian Privy Council,
dated tlu; 4th January, 1890.
The results are as follows : —
N'ortli-wcst coast
I'l'liriiii; Sc;» . .
Total pdn^ic catch
Islun.l catch . .
To ml
i'l.lOl
31,,i85
55.(i8()
10,030
71,716
The nttc 'l!) on p. 41 of the Statistics already tjuoted seems to show that the
estimate of the total pelagic cateb for 1894, which is given in the letter from the Secretary
of the Treasury to Mr. Olney. is made up by adding to the ascertained pelagic catch on the
eastern side of the Pacific the l)ulk of the skins 1 mded at United States' ports from localities
not specified or known.
With regard to the diminution in the pelagic catch for 1895, the Secretary of the
Treasury arrives at the ootii.'iu>ii'a that the averagi- catch per vessel in Pehring Sea fell off
by 12 per cent, in I89's on the assumption that tit'ty-nine vessels were cng^jged in the
fishery there, and that liiey all completed their fishing se.isnn.
It appears, however, from the detailed Reports, that only fifty-' ight vessels took part
in the fisheiy, viz., forty Hritish and eighteen American vessels. Of these, the " E. B.
Marvin," the " Beatrice," and the " Louis Oisen " were seized in the course of the season,
and did not therefore complete their catch. Only one vessel, the " Favourite,' was similarly
seized in 1894.
In bringing these observations to Mr. 01ne\'s notice, I have to request your Excel-
lency to adii. with reference to the last paragraph of his note, that, owing to the notice of
the modus civenili having been issued so late in l89i, Her Majesty's Government paid a
large sum as compensation for interference .- ith tl>e scaling industry, and that they are
unwilling to incur such a liability in the present season without paramount necessity being
shown to justify an ititerruption of the fishery.
I am, &c.
(Signed) SALISBURY.
i. <';
No. 54.
Admirully to Foreign Ojficc — {Received June 26.)
gif^ Admiralty, June 2i, 1896.
1 AM commanded hv my l.oids Conimis-ioners of the Admiralty to transmit
herowitli. tor the infoniialioii of the Secretary of State, copy of a letter, dated the
1st instant, troni the Cominander-in-chicf on the Pacilic Station,. giving the reasons for
73
the " Plicasant" havinj; remained in tlic neighbourhood of Unalaskii durina: the sealing
jiatrol season of 1895, and statinu; tliat three ships will be employed on this service
<luiiny the current season.
I am, &c.
(Signed) EVAN MACGPvEGOR. ■
' Inclosuvc in No. r)4<.
Itear-Admiral Stephenson to Admiralty.
Sir, " Royal Arthur" at Esquimalt, June 1, 18!)G.
I REQUEST you will inform their Lordships that my instructions to Lieutenant
and Comniander Garforth, of Her Majesty's ship " Pheasant," proceedinc; to the Peinins;
Pea last year, were to place himself in communication witii Captain Hooper, the
Senior Officer of the United States' patrolling vessels, and to act in concert with him
with regard to carrying out the Behring Sea Award Act.
2. This was done, and Lieutenant Garforth reports Captain Hooper requested him
to remain in the vicinity of Unalaska, so tiiat his whereabouts might be known to all the
United States' vessels, who would do all the cruising. The " Pheasant "could then receive
any schooners seized.
.■?. This arrangement appears to have given satisfaction to Captain Hooper, and I was
of opinion that one ship was suiticient to carry out this duty.
4. In accordance with their Lordships' directions three ships will be sent this year,
and instructions given tiiat more cruising is to be carried out in concert witii the United
States' vessels.
5. The " Pheasant "' is now at Sitka with the United States' revenue-cruisers.
t). During the close season no cruising is necessary, as the whole of our sealing-
schooners have returned to Victoria, where they will remain until the middle of July, when
1 propose to send the " Satellite " and " Icarus " to join the " Pheasant."
I have, &c.
(Signed) H. F. STEPHENSON,
Rear- Admiral y Commander-in-chief.
No. 66,
The Marquem of Salisbury to Sir J. Pauncefote.
Sir, Foreign Office, June &j, 1896.
WITH reference to your Excellency's despatch of the 14th April, I transmit to
you herewith a copy of a' letter from the Admiralty in regard to the complaint of the
United States' Government that the patrol of Behring Sea was inadequately performed by
Her Majesty's ships during the sealing season of 1895.*
I shall be glad if you will expla-n to Mr. Olney that the Officer Commanding Her
Majesty's ship "Pheasant "' was instructed to act in concert with Cajitain Hooper, the
SeiiiorOHicer of the United States' patrolling vessels, and that the latter reciuested him to
remain in the vicinity of Unalaska in order to receive any British vessels seize I by the
United States' cruisers, who would do all the patrolling.
Admiral S'ljj. .onsen considered that one ship was sufficient to receive the
(ar)tured vessels, and it was understood that Captain Hooper was satislied with this
arrangement. , , . ,
I'hrec vessels will be employed this year, and mstruetions have been given that more
cruising is to be carried out.
I am, &c.
(Signed) SALISBURY.
r;?v
.So. M.
1_638]
u
No. 66.
Sir J. PavMcefote to the Marquess of Salisbury. — {Received July 16.)
My Lord, Washington, July 6, 1896.
1^ c()iii|iliance with the instructions contained in your Lordahip'? ncspatch ot the
'28th AJay ia>t, I addressed a note on the 19tii ultimo to the United Stales' Secreturv
o( State, iiitbrniing iiini ot the arrangen»cnts which have been made to insure, as tar as
possible, that tire-artns shall not be carried by sealing-vcssels entenni,' Behring Sea during
ihe present sea>un ; ihose urrungenients being set torth in the letter trom tliu Colonial
Otlicc, of which a copy was inclosed in your Lordship's despatch.
1 have the honour to transmit herewith a copy of a note addressed to me by
Mr. Olney in reply and of its inclosure, a letter trom the Assistant Secretary of the
'Ireasury, in which Mr. Hamlin suggsstH certain arrangements supplementary to those
already made.
1 have communicated a copy of this note and ot its inclosure to the Governor-
General of Canada, and in view ot Mr. Ulney's request that he may be mtormed as early
as possible whether Her Majesty's Government wul agree to the turiher arrangements
proposed, 1 venture to suggest that your Lordship should inlbrm me by telegrapli ot the
reply which it is desired that 1 should return lo the United States' Government on the
subject.
I have, &c.
(Signed) JULLA.N FAUNCEi'OTE.
4* ''4' '
.if
■^ *a
Inclosure 1 in No. 66.
Mr. Olney to Sir J. Pauncefote.
Excellency, Department of State, Washington, July 2, 1896.
KEFERKING to previous correspondence concerning the question of tire-arms on
board Canadian sealing-vessels, and particularly with retereace to your notes of the
3rd and 19th ultimo respectively on the subject, 1 have the honour to inclose, tor
your mtbrmation and consideration, a copy of a letter ol the 30th ultimo from the
Acting Secretary of the Treasury, submitting certam moditications cl the Regulations
proposed in your note of the lUth ultimo in regard tu the matter.
You will observe that Air. Handin suggests that vessels proceeding uirect to Behring
Sea from V ictoria should present the ceriibcaic.-> alluded to in your note to the Deputv
Collector of Customs or to Captain C. L. Hooper, R.C.b., in charge of the United States'
patrolling tleet at Unalasi<a, and that thereupon sa;d vessels be searched by duly authorized
patrolling udicers, and tiie tact iiidorseo on the certihcates that such certiticates, duly indorsed,
may be accepted t)y the otticers ot the patrolling vessels as evidence ut the luct that no
tire-ai'uis are concealed on board unless some mtormation or evidence ot violation of law
other than mere suspicion is in the posses&iou of or lound by the boarding otliccr ; and
that a representative ot the United States' Government be allowed to inspect all seal-
skins taken in Hehring bea and landed at British Columbian ports, to discover whether or
not the seals have been shot.
Mr. Hamlin assumes that as regards vessels now in or en route to Japanese waters, it
woula be impossible to carry into etlect the arrangeuieut proposed, but that he will com-
municate with Captain Hooper of the patrolling tieet, and intorm him as to the etlorts of
the Collector at \ ictoria to bring auout the transhipment of hre-arms beluuguig lo
Canauian vessels, or the leaving of them at some reuuezvous, and that the same lulorma-
tion will be communicated to the officers 01 all the patrolling vessels.
'i'his Department is of the opinion that if the suggestions proposed by the Acting
Secretary ot the 1 reasury could be adopted they would obviate much of the trouble and
delay caused by the searching of Britisii vessels. 1 therelore beg to be iuiormed as
speedily as possible as to whether or not Her .Majesty's Government will agree to the tore-
going suggestions, in order that the Treasury Department may be able to cover by
one instruction to the patrolling tleet ail tlie questions raised by your note of the 20tii
ultimo.
I have, Hm,
(Signed) itlCHAJELD OLNEY.
74
Inolonue 2 in No. 66.
Mr. Hamlin to Mr. Olney.
r to those
Treasury Department, Office of the Secretari/,
Sir, n'asfiington, D.C.,JuneliO,'iHm.
I HAV'K tlie honour to acknowle(lj;e your note of the '23vd June last, tiunsiiiiltinfj
a copy of ;i letter of the 10th instant, from Sir Julian Pauncefoti'. In said letter
Sir Julian states that the following arranijeinenis have heen made to insure that
fire-nrms shall not be carried by British vessels in Beiuinsj Sea durinu the present
seasi). : —
1 In refjard to vessels sailing from Victoria, British Colun»l)ia, for Japanese waters,
he slates that the Collector of Custoins at Victoria has seen the greater number of the
owners and several of the toasters, and has made, as he thinks, nearly eoin|)lete arrange-
ments for transhipping all fire-arms from Hakndute by steamer to Victoria.
2. In the case of vessels proceedini; to the neiirhbourhood of the Conunander Islands,
Sir Julian states that the Collector reports that efibrts will be made to have the fire-arms
transferred to some homeward-bound vessel, or left at some remle/vous until operations in
B'liriii'j: Sea are concluded.
.3. With regard to vessels proceeding direct to Behring Sea from Jiritish Columbia,
he slates that the masters will be furnished with certificates that they have no fire-arms or
ammunition on board
I have the honour tu reply that I liave carefully considered Sir Julian's letter, and
would .-uggest that vessels pioceeding direct to iiehring Sea frou) Victoria should present
the ccrliiicate alluded to in said letter to the Deputy Collector of Customs or to Captain
C. L. Hooper, R.C.S., in charge of our patrolling fleet at TInalaska, and that thereupon
said vessels be searched by duly authorized patrolling otiicers, and the fact indorsed on the
certificate; that such certificate, duly indorsed, may be accepted by the oflieers of the
patrolling vessels as evidence of the fact that no fire-arms are concealed on hoard unless
some information or evidence of violation of law other than mere suspicion i>. in the
possession otor founJ by the hoarding officer. I would further suggest that a representa-
tive of the United Stales' Government be allowed to inspect all seal-skins laken in Behring
Sea and landed at British Columbian ports, to dix'over wlietlier or not the seals have been
shot. It these two su:;gostions could bv adopted, ilie.- would certainly obviate much of the
inevitable trouble ami delay caused by the searctiing of British vessels.
I assunu! that as regards vessels now in or pii mute to Japanese waters, it would be
im|i()ssible to carry into effect any sucii arrangement. I will, however, coiumunicate with
Captain Hooper of the patrolling fleet, and state the eft'orta of the Collector at Victoria to
bring about the transhipment ot fire-arms belonging to such vessels, or the leaving oi them
at some rendezvous, and he will communicate these facts to the otiicers of the patrolling
vessels.
1 would respectfully suggest that the British Government be requested to consider
and advise us as speedily as possible whether or not it will aiiree to these suggestions, as
I would greatly prefer to cover the various questions raised m Sir Julian's letter in one
communication to the patrolling fleet, and as there is but little time in which to com-
municate with said flaet before the commencement of the sealing operations in Behring
Sea on the 1st August.
Respectfully yours,
(Signed) ' C. S. HAMLIN,
Acting Secretary.
•K. •
M-'-l'
r
No. 67.
Colonial Office to Foreign Office. — {Received July 31.)
Sir, Downing Street, July 30, 189f».
I AM directed by Mr. Secretary Chamberlain to acknowledge the receipt of your
letter of the iNth instant, inclosing copy of a despatch from Her Majesty's Ambassador
at Washington,* forwarding further proposals by the United States* Government for
[688]
• 8m No. 66.
M
76
t 1
u •■ / '
securing the observance of the law prohibiting tiie killing of seals by means of fire-arms in
Behrinf» Sen.
The DominiiMi Government, to whom these proposals have been communicated by
Sir J. Panncefote, will no doubt in due course furnish him with their observations on
them ; but Mr. Chamberlain has but little doubt that their opinion will be adverse to the
acceptance of these proposals, and he does not consider that they are of a nature to
commend them to the favourable consideration of Her Majesty's Government.
As Lord Salisbury is aware, Her Majesty's Government have not invited any
proposals from the United States' Government in this matter. They have had to
complain seriously of the vexatious and unwarrantable manner in which the United States'
patrol officers last year exceeded the power conferred on them, of assisting the British
officers in policing the fisheries so far as JJritish vessels are concerned.
Vessels were searched time after time, at inconvenient moments ; the skins on boai d
were all pulled out of the salt and left scattered over the hold, and then hat) to lie
repacked by the crew, only to be |)ul!cd out asiain next time that a cruiser was met. Her
Majesty's Government ])ointed out that the British law under which the United States, as
well as British oflicers_. act gave no authority for searching a vessel unless there was
reasonable cause for suspicion that an offence had been covnmilled, and^that some of the
vessels which were most frequeiitly subjected to this haiassing search were actually
furnished with certificates from the authorities of the port from which they had cleared
that they had no arms on board, a document which furnished strong prima facie evidence
that lliey had connuitted no off'eiiee, and rendere 1 the proceedings of the United States'
ofiicers entirely unjustitiable.
It is lawful to carry fire-arms on board of sealing-vcssels in Uehring Sea; it is only
their eirective use that constitutes an offence. The United States' officers are not
the'efore justiried in searching a British vessel simply to see whetiier siie does or does not
carry fire-arms. But in order to protect British subjects from these unwarranted
annoyances, arrangements 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 i'rom 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 " The Behring Sea
Award Act."
Mr. Chamberlain regrets that this expectation has not been fulfilled, and that
proposals arc now put foiward which are based on the assumption that the presence of
fire-arms in Britisli vessels is itself a breach of the Knglish Statute, and that not only are
all British subjects engaged in tiic fishery determined to evade and contravene the law, but
that the British otticers are ready and willing to aid and abet them in so doing and to issue
false certificates for the purpose.
Certificates issued by British otticers are only to be accepted after the vessel has
been searched and the certificates indorsed by a United States' officer, even a British
naval officer not being trusted to perform this duty. Further, even after tlie United
Statch' officers luive satisfied theniaclves th;it the vessel carries no arms into Behring
Sea, the catch is to be examined by a United States' officer after her return to port in
order to make sure that no arms have escuped discovery, or presumably been procured in
Behring Sea.
Such a demand can only have been jjut forward under a complete Miisap|)reliciisioii
of the position in which the question of the seal fishery was left by the Award of tlie
Arbitiation Trihui;al.
The decision of the Tribunal declared ti'at the United Stales had no special propertv,
interest, or right in seals on the high seas, and while layii'g down certain regulations Cor
the pursuit of senls al sea in the common interest of the fishery, left each nation to provide
the legislative and executive measures necessary to give cfi'eet to tliese regulations so far
as its own subje( ts are concerned.
International comity undoubtedly demands in these circumstances that each nation
shal. take adequate measures for preventing injury to the common interest by its subjects,
but it also a«su!iies thai each nation will faithfully carry out its obligations, and it confers
on the one no light to ilietate to the other what measures should bo taken, though it
justifies remonstrance if the measures are found by experience to be inadequate.
The United States' (joverninent has produced no evidence whatever that tlic
legislative and other measures adopted by Her Majesty's Government have failed, but they
assume that tliey are inadequate, and that Her Majesty's Government are not prepared
to dischiirge their duty in regard to the protection of the common interest, and claim the
e-aims in
77
right to exercise over British subjects and British vessels powers of search and sui)ervisin
in excess of those j^iven by the British law.
I am, &c.
(Signed) JOHN BRAMSTON.
No. 68.
Sir J. Pauncefote to the Marquess of Salisliiiry, — {Received Auyiist 3.)
My Lord, Washington, July 21, 189G.
I HAVE the honour to inform your Lordship that, in compliance with the
instructions contained in your Lordship's despatch of the 13th May last, I addressed
a note in the sense of that despatch to the United States' Secretary of State on the
question of the presence of United States' counsel at the trials of British vessels seized
for violation of the Behring Sea Award Act. I have now the honour to transmit
to your Lordship a copy of a note addressed to me by Mr. Olney in reply, in which he
informs me, as your Lordship will observe, that the United States' Government will give
their careful consideration to the alternative propositions made by Her Majesty's Govern-
ment.
[ spo!;'^ to Mr. Olney of the question, referred to in the last paragraph of your Lord-
ship's despatch, of the establishment of an International Court, wliicli shall deal with
future claims arising out of the action of the officers intrusted with the enforcement of
the Laws enacted by tiie Legislatures of the two countries for giving effect to the Paris
Award. He was not disposed to entertain the proposal at present, but he thought its
consideration might be resumed at a later date, and after some experience had been
gained of the working of the Behring Sea Claims Commission.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
•V**!
y%
Inclosure in No. 58.
Mr, Bockhill to Sir J. Pauncefote.
Excellency, Department of State, Washington, July 22, 1*^96.
REFERRING to previous correspondence concerning the question as to the piosence
of counsel on behalf of the United States' Government at the trials of British vessels
ueized for violations of the Behring Sea Award Act, I have the honour to acknowledge,
with satisfaction, the receipt of your note of the 25th ultimo, in which you state that Her
Majesty's Government sees no objection to the cases being watched, as proposed, by
counsel for the United States, and that the counsel so employed should be permitted to
examine the pleadings and to make suggestions to the British counsel ; sueli suggestions,
however, to be confined to the object of protecting United States' interests, and not to be
admitted as regards the enforcement of the Behring Sea Award Act, the enforcement of
that Act being the duty of Her Majesty's Government.
The Department has, moreover, noted the further statement in your note to the
etleot that in existing circumstances Her Majesty's Government is unable to consent to
the United States' Government being recognized in the trials in question as a party to
the litigation with a locus standi before the Court, but that the situation would be
altered if the United States were to enter into an agreement to satisfy the Judgment of
the Court if the seizure should be held to be wrongful, but that if the United States'
Government should be unwilling to assent to such an agreement for the payment of
damages, merely upon terms of being permitted to watch the cases, an arrangement
might be made by which the American Government should employ solicitors and counsel,
and conduct the prosecution of the suits in the name of the Crown.
In reply, 1 beg to say that your alternate propositions will receive from this Govern-
ment the consideration which their importance demands.
I have, &c. .
(Signed) hjm iJ- M. W. ROCKHILL,
^. , Acting Secretary.
78
No. 69.
The Marguest of Salisbury to Vigeount Gough,
«
(Telefifrapliic.) Foreign Office, August 3, 1896.
SIR J. PAUXCEFOTE'S despatch of the 6th July.
A detailed reply will be sent to United States' proposals. Her Majesty's Govern-
ment regret tiiat they are unable to enter into the su;j;}^esteil supplementary arrange-
ments ; the precautions already adopted will, they trust, suthce to insure tliat the scalers
entering Behring Sea will use no fire-arms.
No. 60.
Viscount Ooiigh to the Marquess of Salisbury. — {Received August 8.)
(Telegraphic.) Newport, Rhode Island, Auaust 7, 1896.
I HAVE communicated to the United States' Government the substance ot your
Lordship's telegram of the 3rd instant relative to the tire-arms of sealing-vessels entering
Behring Sea during the present season.
On the 4tb instant Lord Aberdeen telepraplied the desire of the Canadian Govern-
ment that any final decision in the direction indicated by the United States' Secretary of
State sliould be postponed until their views have been taken into consideration.
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No. 61.
Colonial Office to Foreign Office. — {Received August 18.)
Sir, Downiny Street, Augti-it 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 accompanymg copy of a telegram
from the Governor-General of Canada, expressing the views of his Government as to
the supplementary arrangements suggested by tlie United States' Government as
regards the sealing-up of fire-arms on sealing-vessels.
[ um. &u.
(Signed) R. H. MEAUE.
Inolosure in No. 61.
The Earl of Aberdeen to Mr. Chamberlain.
(Telegraphic.) {Received August 14, 1896.)
CANADIAN Government concur in proposal to disagree with supplementary
arrangements suggested by United States, America, l)ut would be inclined to agree as
to that part of suggestion authorizing search by patrolling officers, provided the words
'• shall be accepted " are substituted for " may be accepted," leaving clause in other
respects unaltered.
No. 62.
The Marquess of Salisbury to f^iscount Oough.
My Lord, Foreign Office, September 1, 1896.
I INCLOSE an extract from a despatch from the Commander-in-chief od the
Pacific Station regarding the arrangements made for the removal of arms from sealing-
vessels, and I should wish your Lordship to communicate it to the United States'
Government.
- ' ' • , : I am, &c.
(Signed) SALISBURY.
79
Inoloture in No. 62.
3, 1896.
fa Govern-
ry arrange*
the Bcalcre
Rear- Admiral Palliner to Admiralty.
(Extract.) " liiipe'rieuni'," ni hsijiiimdll, July 24, l!i5)6.
THI'. sealers tliat liavc cleared tor tlie Hi'liriiiiir ^^cii diroet i^thirty-three in all) have
taken no arniH with tlu-m. Thosi- that liave cleared lor tlie .iapan anJ .Asiatic coast
(Iwtnly-eifilit in all) nave arraniiod !o return their arms before entering the Hfhring
8ea ; those vessels leaviii<; Japan on trei^ht. and tliuse leaving the neigiihuuiliond of
the Cummander Islands in one oi tiie sealers not entering tlie Uebring Sea. This
should remove uue source of ditiiculty.
t 7, 1896.
ince ot your
icls entering
ian Govern-
Secretary of
ion.
No. 63.
Viscount Gough to the Marquens of Salusbury — {Received September 7.)
My Lord, Newport, Rhode Island, August 26, 1896.
AS reported in my telegram ut tiie 7lli nistanl, I connnunicated to the United
States' Government the substarct of your Lordship's telegram ot the 4th relative
to the supplementary arrangements proposed by the Secretary of the Treasury in regard
to the tire-arms of vessels entering Bein-ing Sea.
I have not/ 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) UOUGH.
18, 1896.
t to you, for
:' a telegram
nment as to
crnment as
MEADE.
14, 1896.)
ipplementary
to agree as
i the words
use in other
Inclosure 1 in No. 63.
I'iscount Gough to Mr. Rockhill.
Sir, Newport, Rhode Island, August 7, 1896.
I !1A\ E the honour to in'oini yon that Sir .J. P.iuncelote torwarded tu Her Majesty's
Secretary of Stiitc for Foreign Atl'aiis a copy I'f .Mr. Oliiey's note ot the '2iu\ ultimo, as
well as a co|)v ol its inclosure dated the 3Uth June, in winch certain arrangements were
suggested by the .Actiny; Secretary of the IVeasury supplementary to those already
adopted in regard to the tire-arms of vessels entering Behriug Sea during the present
season.
A detailed reply will he seat in due course to Mr. Hamlin's above-mentioned
proposals ; but, meanwhile, in accordance with tlie request ot the United States' Secretary
of State that he should he inlormeil as speedily as possible of the views of Her Majesty's
Government upon tliis subject, i have been instructed to inform you that Her Majesty's
Government regret that they camiot enter into the supplementary arrangements m regard
to sealers entering liehiing Sea, suggested by -Mr. Hamlin.
Her Majesty's (iovcrnnienl tiust that the precautions already adopted, and which e
described in the note ol Her Majesty's Anibassarior dated the 19th June,* will be sutiicient
to insure that no lire-arms will be used by the sealers in question.
I have, &c.
(Signed) GOUGH.
I 1
tr 1, 1896.
chief on the
"rom sealing-
nited States'
ISBURY.
Inclosure 2 in No. 63.
Mr. Rockhill to Viscount Gough.
My Lord, Washington, August 25, 1896.
REFERRING to your note of the 7th instant, the receipt of which was acknow-
ledged on the 12th, I have the honour to inform you that I am now advised of the views
of the Secretary of the Treasury concerning the precautions which the Collector of Customs
* See No 66.
r H.
80
at Victoiia wan adoptini; and cnde<ivouring to adopt with regard to the transhipment of
firc-anns troin Hritish vessels operating during tlie early part of tlic sealing' season on the
Asiatic coast and in ihe neiglibouriiood of the Komandorsl(y Islands, as described by
Sir J. Fauncefote's previous note of the 20th (? 19th) June last.
On the 2nd July, in answer to the said note of the 20th (? 19th) June, Mr. OIney
hud the honour to subniit, for the consideration of Her Majesty's Government, the
supplementary arrangements in regard to scalers in Behring Sea, whicii arrangement, as I
am informed by your present note of the 7th August, cannot be entered into l)y Her
Majesty's Government.
As soon as the refusal of Her Majesty's Governnient was made known to the
Secretory of the Treasury he notified Captain lloopcr of the fact, and advised him that the
Treasury Department regrets that it cannot direct him to accejjt the certificates alluded to
in Sir J. Pauncefbte'a note of the 20th (? 19th) June as final on the (juestion of the
concealment of fire-arms, but that the entire correspondence is tnmsmitted to him, in
order that he may take such action as in his discretion may reduce to a minimum the
inevitable annoyance connected with the searching of vcsseU.
I Lave, &c.
(Signed) W. W. liOOKniLL.
'ft
mh !
llii'l
'
III
i
No. 64.
The Mnrqiiess of Salisbury to Viscount Qough.
My Lord, Foreign Office, September 9, 1890.
WITH 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 steps taken with
this object by the Canadian authorities Wi^re also designed to protect the sealing-vessels
from interference in the course of tlieir voyages and sealing operations.
Arrangements were made for the issue of certificates to all vessels clearing from
Canadian ports direct lor Ikliring Sea, and for the collection of the fire-arms from vessels
which had previously been engaged 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 be used, especially in the case of the vessels which were provided witii
certificates.
In the correspondence inclosed in Sir J. Fauncefote'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 officers
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 he 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 have 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
be raised to the nature of the proposals, Her Majesty's Government Iiave had some mis-
giving as to whether the sealing-vessels would be guaranteed from interference after the
observance of the preliminary tormalities, and previous experience, notably in the case of
the Agreement, for sealing up arms in 189-1, has shown that such expedients have not had
the desired effect.
They would, however, be disposed to agree to the provisions for a search by duly-
authorized patrolling officers at Unalaska, and for the indorsement of the certificates, if it
were understood 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 accordingly authorized to propose, with reference to the certificates, that the words
" shall be accejited " should be substituted for " may be accepted," and to state that, with
this alteration, Her Majesty's Government would be prepared to accept the first portion of
the supplementary arrangements suggested by Mr. Handin.
The examination of the seal-skins by United [States' oflScers 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
ifp— ^
b\
expediency of rclyinpj on this invt-slii^iition (or the iiurposif of uscertniiiin}< wlictlipr tiiv-
arms Imvi' hcni used, owing to the \vell>kno\vn difflnilty ol lurivini; at any condliiwive
resnits.
You will tl>f icfore explain to Mr. Oiney tluit Her Mujisty's Oovernmont dn not, in
present circumstances, feel ahloto adopt the latter part ot Mr. Ilandin's Rni;a;estinn-, an('.
you will represent to liini that the additional precautions to which they arc now prtpared
to give their ass \t will be found fully sufficient to meet the requirements which both
Governments have in view.
I iiin, &v..
(Signed) SALISMUllY.
No. 66.'
I'incouiit Uoufjh to the Marquesn of Sdlinhurii. — {liecrlced October 12.)
My Lord, Newport, Rhode hlantl, September '1\, IMOd.
I H.WK the honour to ncknowlcd^e receipt of your Lordship's despatcli of
the 9th instant, on the subject of the precautions for preventing the use of fire-arms
in Behring Sea, and to report that 1 have this day addressed a note to tlic L'tiited
States' Government in obedience to your Lordship's instructions.
T have, &c.
(Signed) (JOUGIL
No. 06.
Viscount Gough to the Marquesn of Salisbury. — {Received October '2G.)
My Lord, Wiishington, October 1 1 , 1 890.
WITH reference to your Lordship's despatch of the !)th ultimo respecting the
precautions for preventing the use of fire-arms in Hehrin^ Sen, 1 h;ive the liotiour to
transmit herewith a copy of the note I addressed to the Actini:; Sccietaiy of State on the
21st ultimo in compliance with the instructions euntained in your Lordsiii|i's nl)ove-
inentioned despatch.
1 have now the honour to transmit a copy of the re])ly I have received from the
Department of State, suggesting the postponement of the whole cjuestion, pc luling the
receipt of the Report from Professor .Jordan and the other naturalists s( iit 'o tiie seal
islands this summer, in order that Her Majesty's Govcnmient and the Government of
the United States mav he able later to agree upon the Hegulutions for the -cason of
1897.
I have, iti'.
(Signed) (iOVGlL
Inelosure 1 in No. 06.
Viscount Gouijh to Mr. Rockhill,
Sir, Newport, Rhode Island, September 21. 1S90.
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 arranj^ements supplementary to those already adopted in
regard to the fire-arms of vessels entering 15chring Sea during the present season.
The measures described in Sir J. Pauncefotc's note ot ilie lOtn June were adopted
to insure that fire-arms should not be carried by 'hose vessels, and were also designed to
])roteet the sealiug-vessels from interference in the course of their voyages and sealin"
operations.
Arrangements were made for the issue i ' certiHcatcs to all vessels clearing from
Canadian ports direct for Behring Sea, and fo tl c collection of the fire-arms from
vessels which had previously been engaged ir the fishery off the coasts of Japan;
and it was hoped that these arrangements would satisfy the United States' Government
L638] M
it
4. ;
82
'ml
■ i {
'ir
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?/
i
tlint 111) lirc-aiins could be usoii, especially in the ciise of tlie vessels \vl;icli wore provided
with oorlilicutcs,
I:i Mr. t)lncy's note to Sir J. Piumccfoti' ol' tiie 'iiid July, suppleiiieiilary
arnuiijoim'nts were suggested hy the United Stiitcj.' (ioverunieut to (lie eirect thiit
'.easels proeecdiuu; direct to nehiiiii; Sea should pre.s'.'iil their certificates to some
I'ni'.i'd States' autiioiity at Unalaska ; tlmt the vessels sliould he searched, and that the
eertitieatcs, after l:eiiii;' indor;;ed, luinht he ueceptcdhy llie ollieers of the patrolliii;^ llect
as evidence llial no fu'c-arnis were concealed on hoard ; and, I'uillier, that a lleprcsentative
of tiic United States' (Government should he allowed to inspect all seal-skins taken in
I'ehiing Sea and landed at IJntish C'olnmhiaii ports in order to diseovt-r whether or not the
s;als had been shot.
As 1 had the honour to inlorui you in my note el the 7ll> idlinio, Her Majesty's
(lovernment regret that they cannot enter ii\to ihe suppieiuc-ntarv arran^ucuienls su;;f*X'sied
hy Mr. liai liii (lontained in Mr. ()hu\v"s ahove-nuiitioned note). I)( sides tiie olijeetions
wliieh nii:;hthe raised to liu' nature of the pro|):>s.i!s, ili'r .Majesty's (lovernnieiit have had
some mis^ivin^; whelhi r the scalin^-vessels would he i;uaranleeil from intcrd-renee afterthe
olis'.Tvante ot'the piJiminary t'ormalides; and |)revious eNiu'rieuce, notahiy in tli:- eisc of
I he ai;recnit'nt for sealini;' up aims in 18!l-l, has shown tiuU sueh ixpedients have not had
the de^iiid elicct.
Her Majcslv's (Joveriimcnt would, however, he disposi-d loa^ree to the jjrovisions for
a search hy duly aulhori/.ed palrellinjj; otlii'crs at Unalaska, and for the indorsement of the
eevtilicales, it' 't were understood ihatthe imiorseii cerlilicatt's sh.ouid hi' regarded as an
a!)solute prool" that no tire-aim were carried.
Acting under instrm lions from the Maniiie^s of Saii^huiy, I have the honour to
projHise to the Unitei! States' (lovermnent, with relerenee to tlir eerlilicales, tliat the words
'•shall he accepted'' shonhl he >nhstituled lor the words •' iuay he jiciepicd," and to slate
that, with tliis alternlion. Her Majesty's ( lovermnent wcuild he prei»areii lo accept the first
jiortion ofliie supplemenlaiy airani^cmcnts siijtcesled liy .\lr. ll:i!iilin.
Tiie exaniinatioii of the seal-skir.s hy Uniteil Sl^.tes' otlieets In Hriii>h ports would
involve a fresh departure from ordinary international usaiie.*, and, as such, would reipiire
very serious consideratiiii. 'riiiie are, moreover, reasons I'or douhtinu; ilu' evpedijncy
of relyinu: on this investiitation lor the purpose of asetitaiiiinn- whether fire-arms
have heeii used, owint;- to the well-know u dillicully of aniviiiif at any conclusive
results.
I am theivloic instructed to st.ite that Her Majesty's (■overnmcnt do not, in tlu;
present eireiimstancc-. feel ,ihle to adopt tiu; latter part ol'.Mr ilamliirs suu;.;est ions, hut
i am eonrident that the iidditioi;;d precautions to wliieh Her .Majesty's (Government
aie now prepared to ;.>ive tluir assent, and which I have deserihed ahove, will he
loiiiid fully sutiieient to miet the lequirements wideh hutli (jovcini.ients have in view,
and I ve!:tuie to cvpress the ho|)e that the L'nited Siate.s' Scentary of the 'IVcasury
iuay, nmier tlie altered eircmnsiances, sec tit to instruct Ciptaiii ('. L. Hooper, R.C.S.,
accurdiui^'ly.
I have, &c.
(Sii,'ned) GOUGll.
Iiiclosure 2 in No «"(>.
Mr. 0!nei/ to I'ixcouiit Gouijh.
My jjovd, Di'paitiiirril of :>liilf, Wnxhintjloii, Ocfohrr 1.'!, ISDG,
WITH rcfireiue to your ni;tu of the •.'1st ultimo, in uhieh a detailed reply is made
to the Deparlmcnl's note of the Cnd .July last, on tin- suhj^ei of the u:.e of liiv-arms in
Hehrini; Sea hy pelaijie sealers, I have the honour to inform yoa tiiat 1 iiave received a
letter of tlie 3rd instant from the .Acting Secivtaiy ol' the 'rreasuiy, reviewiiii,' the corrc-
^poiiiienee on that suhject.
NVitiiout ^oin^' into unnecessary details, I beg to say that .Mr. Hamlin, in th.- course
of his remarks, calls attention to the " somewhat surprising statement " in your note of tl: •
•Jist ultimo, to the etlect tliat Her riritannie ^Majesty's (Guvcrnmcnt has nii.-givings as to
wlietlier sealiiii;-vessels would he guaranteed Irom interl'ere.iee even it the propo-itions o!
Uiis (rovernmtiit wcii' accepted.
In view of the fact that the sealing season is now tini.-<hed, so that it .vonld he
t;*el:'^< to uive anv iii-trueliuns to sealers at this time, and iniisnuieh also as there is
ich were provided
S3
sliortly ('X|K('I('(1 ;i rcpoit (Voiii Professor .lordiin !iii(i t!u; ollior iiiit.iiniliKfs sent fo the.
sen! islands tliis simiiner, I would sutcijcst tlial. tlio whole (luostioii i)c postponed ponding
tlio reeript of said report . as raeli (^ovcriiineiit will then ho in a hetter |)ositioii to aijive
upon rei;idations for the season of 1M!)7, after havinc; evaniineil tite report nf its own
Oonnnission.
I lijvve, \c.
(Signed) IMCIIAIM) ()I>NKY.
No. (i7.
Tlic M(ir(jn('ss af Salisimnj to Sir ./. PniiitrcfdU:
Sir, lunriiin ()^/lcr, Norrmhrr 1 I, ISi)(i,
WITH rclerenee lo Viseonnl (joiij^ITs dcspaleii of tlio I'Ui Oetohev, you arc
autliorizcd to inform the United Slates' (Jovornn.iin il -t Her Majesly's Govern-
ment, agree to jiostpone I'urllier rliseiissicMi in regard to tiie ariangemcnts for ))revenling
the nse of lire-arms in Hel'.ring Sea, hut in view of the ohservations contained in the
concluding p'.»ragra])li of Mr. Olney'n nole of tlie 13tli ultimo, your l''.xcelleney Hlir)nld
be careful to avoid any expression which might he construed into an admission that
Her Majesty's (Jovornment eonlcnij)late a revision of the Ifcgulat.iona hefore the
period named hy tlie i\rhilration 'i'rihunal lias (expired.
I am, Scr.
(Signed) SAMSIMIHT.
i\o. ()S.
ntnt do not, in the
Sir ..'. Pdiinrc/oir tn tlir Miir<inrys (if S<ilisl)urji. — [Ucvolrcd Drrciiibrr '2Ci.)
Jly Lord, ll'tisliliKjIon, DiTemher 17, IHiX!.
WITH reference to your liordsliip's despatch of the Ttth ultimo, inslructing
nic to inform the Secretary of Static that Her Majesty's (lovernmeiit agree lo the
temporary postponement of the eorrespondiMice respecting the regulation of pelagic
scaling in nehring Sea and the North I'aeilic! Ocean, I now have the honom' to
forward herewith to your Lordship eop^- of a finther note, togelluir witli its inclosure.
wlucli I iiavc received I'roni the Secretary of State on the same suliject, in which he
points out that the suspension of the discussion left pending two unsettled questions, which
he proceeds to discuss at some length.
Mr. Ohiey states that in view of the fact that the time is nearly at hand when the
Regulations for the season of T~^'l7 sliould he agreed upon, the United States' (Jovern-
ment hope that Her Majesty's (iovernmcnt will tind it convenient to give the laihject
early attention, and lo iorward any suggestions tlicy may have to make in tlie matter.
I have, &c.
(Sign.;d) dlTUAiN I'-VUNCKFOTE.
inelosure 1 in No. (IS.
Mr. Ohiri/ to Sir ./. l'iniii'-iftt!r.
I'l.vcelleney, Ih'juirlmvn! of Stulr, WdsltliKjIuii, Dcrrir.lirr l^>, l "^(K?.
WITIl relereiice to the n.'parlmcnt's note of the l:!t!i Octoher last, ])roposing the
temporary iiostponement of tlie corrospoinlenee enncerning the ri'gidation of jielagic
sealing in Behring Sea and the North l*acilic Ocean, I have now I he honour to ohscrve
that tlic suspension of the discussion left two unsettled qucsiions pendini;-: ftrst, as to
permitting seal-skins lindcd at Ikitish ports to he examined hy American inspectors for
the purj)ose of delerniining their sex, and whether or not said skins liad heen shot in
violation of the Paris Award and the ISritish law ; and, second, the proposal for amending
the Regulations on the subject of the use of fire-arms by pelagic sealers.
in reopening the Hubjeet, I wish to say that tlie Department assimuv. that Her
Urifaniiic Majesty's Government, in suggesting that the certificates of search and the
[(•,381' , " " M 2
SI.
t,<
W'
":*-;i ;i
scaliii^i-uporaniis (see lioril (Jonah's note ol' tiic 21-t SoplemlKT, lS'.tijy*hliiilI be acceptod
by paliolliiiij;' ollicois as eonchisivc ovideiu^e tlial no liie-aiiiH aie coiKicaloil on board, in
effect proposes tliat under siicli eiieumstancos there ^liall be no seareli wliatever of such
vessels. The Government ot" tlie United States dues not tliink tliat the arrangement
oujjlit to be made on that line. It considers a search uselnl for two purposes : first, it
discloses whether lire-arms or oilier imjdenients ;ire on tlie vessel ihirinjj any jirohibited
time in violation of law ; and, second, whether there are on boanl any seal->kins, if in a
close season, and whelher there are any skins which have l)een shot, if the vessel has
been enyfaf^ed in sealiiiij in Tiehrin;'' Sea where the use of firearms is proliil)ited.
\\ bile the sni>j'-estion of Her Majesty's Government, if adopted, nii,a;ht properly bo
accepted as satisfactory evidence tliat there were no lire-arms or inipiemenls. forbidden
to be used, concealed on board the vessel, there would .still remain the second question as
to whether or not in tlie close season there were on said ve-sel skins freshly killed, or, if
in Belirin;;' Sea, shot. As rej^ards American vessels, this iatter ([iiestion is settled by ;i
careful inspection of each skin landed by an expert inspector. Tliis precaution, however,
althoui>h adopted by the Inited States upon the broad <^rounil tliat it is aba(dutely
cssentiiil for preventiuix the unlaw I'lil destruction of fnr-seals. |[er .M:ijesty's (Jovcrnment
refuses to adopt and declines to allord the United Stales an opportunity to make this
inspection for itself by its duly-appointed inspectors.
Under the circunislances, it will readily apjiear tiiat if the United States were to
nccciit the sni;'^estion of Her AFajesty's Government above referred to, it would result in
discrimination ai;ainst American vcssi'ls in favour of those of (ireat ihitain. At this
time the mere fact of the sealin^-up of arms does not protect American vessels from bciuf^
searched ; on the contrary, the}' have been searcheil .as lhoro;i:rlily and as rigidly as have
the British vessels. The sealini',-up of arms is merely a part of the evidence from which
the boardinji' officer knows that said arn.s could not have been used in killing; seals. To
accep! the sim'gestion o!' Her Majesty's Government and cease to searcii British vessels,
especially in consiiieration of the fact aliove sl.ited,that United States' vessels are rigitlly
searched, and that no I'xaniinations of skins are made at Brilidi ports, would be to
discriminate douidy a_i.'ainst American ve.-.sels.
It is believed by this Government to lie praclicablc to disover by an examination
of skins landed whelher the seals have l;een siiot or .-peared ; also as to their sex, except
in the case of pups. This metlioti, I may observe, has been in practice for the jjast two
years by the Government of the United States with nio>t satisfactory results, and l take
pleasure in tranMnitlinn' herewilii, for the information of Her .Majesty's (Jovernnicnt,
copies of a Treasury Circular, dated the IJth .\pril. 18!>.">, jziving full instructions
respecting the pelagic catch of fur-seals.
The sole object of the jiroposals made by this Government ec:icernin;j; these
subjects was to prevent the unlawful destruction of the fur-seals, an object clearly within
the purview of the I'aris Award, and which sei-ms plainly indispensable, ii iler existing
circunh'uices, to tlie proper execution oi the re.spettive laws enacted ly the United
Stales and (heal Britain to carry that Awanl into effect. Nor am I able to perceive
that the proposed Keguiations would inter'ere with any lawful businos carried on by Her
Majesty's subjects.
In view of the laet that the tiine is nearly at han:i when the Regulations for the
season of 1S97 should be agreed upon, it is hope.l that iler Majesty's Government will
find it convenieMt to give llie subject early attention, and to aflbrd this Department the
benelit of any suggestions it may have to present.
1 have. Sic.
(Signed) RICHARD OLNEY.
Inclosure 2 in No. 6S.
Informatiou respecting the Pelngir Catch of Fur-seals
Trensuri/ Department, OJfirr nf the Serrrtari/,
IVai^hington, D.C., April 12, 1K95,
To Collectors of Customs and others :
FOR the purpose of complyiii!: with the Act of Congress 'approved the (5lh April,
1894, "To give cH'ect to the .Award rendered by the Tribunal of .Vrbitration, at Paris,
under the Treaty between the United States and Great Britain conehided at Wa^hiii"ton,
Incliisiirp I ill No. 66.
85
I boiirtl, in
er of such
langcmcnt
!s : first, it
proliibitcd
ins, if in .a
vessel lias
'il.
iroiicrly Iio
. forliiucK'u
iiuestioii as
illed, or, if
L'ttlcd bv il
II, however.
iil)solutoly
lovcrninont
make this
tcs wore to
Id result in
1. At this
from being
(lly as have
from wliicli
seals, 'i'o
:isli vessels,
are rigidly
•ould be to
;xaniinatiou
sex, except
he past two
and [ take
overnmcnt,
nstructions
niii;^ these
arly within
r existing
the United
to perceive
on by Uer
)ns for the
lunent will
irtinent tlie
JLNliY.
the 20lii Fibrunry, 1892, lor tiie purpose of submitting to arbitration certain questions
coiiceiiiiiig tbc preservation of the fur-seals," Collectors of Customs and tlieir deputies
are iiifoniud tliat the masters of all vessels engaged in fur-soal lisheries, whether licensed
or unlieensid, must make entry of tlicir ciiteh at the Custom-iiouse, and at the time of
entry iiuisl tile with the Collector, duly veritied by oath, the oHicial log-book, or a copy
Tleieoi, recpiircd to be kept by Section 4, Act, the (ith Ajjril, 1894, and in addition
thereto must furnish under oatli the information refpured by tlie inclosed form ((Catalogue
No. 204), which form must le duly (illed out iind filed on entry. Furthermore, cuch skin
in the said catch shall be inspected at tlie time of entry t)y inspectors duly appointed for
said purpose, as to number, sex, and mode of killing, and the result duly certitied to the
Collector.
When said form has been filed on eulry, two <Mipies thereof shall be prepared and
certified by the Collector, wiio will at once forward by mail one of such copies to the
Secretary of the Treasury, and one to tlie Commissioner of Fish and l-'ishcries,
Washington, I).C. ; each of said copies shall have annexed tlureto a co|)y of the
lo.'.;-hook entries as to catch of seals tiled on entry of the vessel by tlie master thereof.
Such additional copies of the form as may be necessary for use will be tiunished by
this Department to Collectors of Customs on requisition ; copies of log-bocjks witli
instructions aS to entries will also be furnished Collectors for distribution.
Cojiies of this Circular and form will also be issu< d to the Comniamling OtKcers of
United States' revenue-vessels employed in patrol service in Alaskan waters, by whom
they may be used as a basis for inijuiries when boarding vessels engaged in pelagic (i'.r-seal
fishing.
As a guide to ins])ectors in exaniiiiiii;^ i'kins, appended herett^ will be found outline
sketches of male and female fur-seals, semi (roui the under side after the removal of the
skins, showing the lines along which the cuts are made in skinning (Figures 1 and 2*) ;
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 I he genital
opening), and of the teats in the female skin, by which the sexes mny be determined
(Figures 3 and 4*). The presence or a'lseiice of teats fuinishcs the l)est evidence as to
the sex represented by the skins of aiiuit seals, the (IKferenees presented by the skins of
the two sexes being sliown in the figures wliich acc()m|)any tliis Circular. The teats,
four in number, are situated near the margins of the skin, about midway i)ctween the
flip|)er 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 easily bo pushed through the fur. In the males the feats exist in only an
undevi'lo])ed condition, and the genital opening, cut through by the operation of .skinning,
forms a sliglit indentation on each margin of the skin, a short distance in advance of the
rear end, these indentations, however, being often (iisfigured in tiie cutting. The skins
of male seals over three years old may be recognized liy their large size. The sex
ol' young seals is more difficult to determine, the teats being undeveloped; but traces of
the genital openings of the young males may be looked for on the margins of the skins
as above described.
Ilj on examination, a vessel appears to have been engiiged in fur-seal fishing within
the area covered by .Article 2 of tlu; I'aris Award, without tin; special licence provided for
in Article 4 of said Award, entry sbuiild be refused, and the facts re[)orted at once to
the United States' District Attorney for |)roper action. You will duly advise the
Department of such action.
(Signed) ClIAllLES S. HAMLIN,
Acting Secrctanj.
''^
^.^l^-
■ ■ ,y-
No. (i9.
irrrrtari/,
sa5.
(ilh April,
n, at Paris,
C'a^hiiigton,
(Telegrapiiic.)
HFHIUNC SEA.
The Marquess of Salisbury to Sir J. Pauncefote.
Foreign Office, January 14, 18!>7.
• Not roproduced.
86
exaniination of sluns by cvpertj wbci. landed at Canadian ports, and tliat until tlit' receipt
of the Canadian Government's views ITor Majesty's Government cannot i^o licvond tlic
offer which Lord Goiigh w;is instructed to make in mv dt'spatch of the 9th September
last.
No. 70.
^'I'c J. Pauncpfotr to thr Marqupxs of Salisburij. — {Receivrd Fphruari/ -'.)
My Lord, JVnshington, Jnnnnrii 2(!, 1807.
WITH reference to my drspatcli of the 17th ultimo, I have tiie honour to forward
herewith to your Lordship copy of a note wliich 1 have received from the Sccretai'v of
State, asking to i)e informed as to when tin- Canadian Government will probably bt- prc-
]iarcd to take artion in re;rai(i to the i]uestion of tiie inspection of seal-«kiiis.
I ha\-j forwarded a copy oi tbi-^ note to his Excellency tlie Governor-General of
( "anada.
1 have, &c.
^Siijnoin .TULLW rATTNTEIVTi:.
41^
rn
i I
Inclosun^ in So. 70.
Mr. Olncj! to Sir .J. I'auncefote.
Deparlment of Slate. Washington,
lixcelleiicy. .fantiir.-i/ '2'>\, 1S!)7.
REi'"KKRI.\'G to the nepartmcnt's note of the loth uiti.uo coneerniii;:; the
Resruiatioas of jiclaui;' sealitn; in Belirin;? Sea and the North Pacific Ocean, and particu-
larly as to the unsettled <piestioiis relative to the inspectitm of skins am! the use of (irc-arins,
I have *lie iionour to acknowleilge the receipt of your note of liie iCtii instant, statinp:
that the former Reirulation cani'ot Ijo made compulsory without legislation by the Canadian
Parliamen.t. ami that until the views of tiie Canadian Government bad becMi received, that
of Her Majesty cannot go beyoiui the offer made in Viscount Gough's note to Mr. Roekhill
of the liGth September, ISDO.
In replv, 1 beg to say tiiat the Department would be much pleased, in view ot' the
near ;>p|)roach of the scaling season, to be informed as to when tiie ("auadian Govern-
ment will probably be javpaied to take action ia regard to the (juestion of the inspection
ot' seal-skins.
I have, &c.
I'Sijjned) U IC I LVll 1) ( )LX I:Y.
, as,. ' f
No. 71.
The Mfirqttess of Salisbury to Sir J. Pauncefote.
Sir. Foreign Office, March (5, 1807.
I HAVE received your Excollency's despatch, forwarding a copy of Dr. .lordaii's
preliminary Report on his Eur-seal Investigation in 180(5, wliich was eoinmunieated to
you by Mr. Oliiey, and which was r.fterwards presented to Congress. With reference
to Mr. Olney's request for the communication of a preliminary Rep.irt I'rom the
Britisb. Agent who visited the PribyloIV Islands, 1 have to request you to inform the
United States' Goverjunent that no formal record of proceedings has yet been received
fnnii Professor Thompson, but that Her ^lajesty's (lOverniiitMit will be happy to
furnish them witb, a copy <if his dellnitive Report, which is in a forward state of
lireparatiou, as soon as it has been printed.
From such information as has hitherto been furnished by Professor Thompson,
aiul the facts as to the present condition of the seal-lierd st f forth in Dr. .Jordan's
Report, there is, apjiarently, no reason to fear that the seal-herd is threatened Avith
ciirly extermination.
Her Majesty's Government, however, belies e that sojnc modification of (hesealintj
Regulations will be required at the expiration of the five years' term which was named
87
by the Arlutratioii 'IViijuiml ol" 1803, Tl>at itcriml >'X|»iirs at llio close of the season
«t" 1H!)S, and it would l;o dcsirabh; that tho discussion of the nioditicutions, which may
be found noccssary, sliouhl take i)l;u:t' in the couvso of that year, in order that the
revised Kei,'ulati()ns tuay be ready for adoption before the sealinij se ison of 1809 ; and
with this oliject in vi(!\v, Her .Majesly's Governnieiit are very <h'sirous of sendini? out
special Aiivnts a^ain in June next lo earrv (Hi furlber inijuu'ies and obs(>rvations in the
I'ribylotV Islands.
Professor Tlu)n>j)son has expressed his \ie,\s as to (he various points in re^nrd to
seal life which require further investigation, to ena!)le Fler Majesty's CSovernnient to
■consider the question of revising' the r{ei;idations.
The statistics ol' former observers Mere found to atford no eviilenei- on wnich an
accurate estiaiafe of the tliniinutiou in the nunil)er of seals could be i);ised, Init the
careful count of the seals which was made last summer forms a valuable standard for
comparison. It is very essential to ascv^rtain. as far iis iiossible, what has been the
result of last season's (qierations ou land and at sea, and also to obtain tho latest
information as to (he number of seals fn'quentiiui' the islands.
Tho result of th(> joint in vestii^atii ins showed that no ijrcat diiliculty was found
in taking ."O.OOO seals on land iu l^Oti ; and, whatever number it may l)e (h'cided to
kill tills year, it is important to observe with what deiji'e(> of facility the total is
reached.
Tor these reasons, Professor 'Hiompson i> anxious that British Agents slioidd
again be a])i)ointeil, with the same powers and the same freedom of action as they
enjoyed last year.
T should wish your Excellency to eommimieate the substance of tliis despatch to
the I'nited Slai(>s' (Joverninent, and to requ<'st them to he good enough to arrange
that facilities and aceimmiodation may, as l)cfore, bo provided for the Jb'itisli Agents.
Vou should also state that Agents w ill be sent to the Commander and Hol)l)en
Tslan(l>, and that .an application has iieen made to (he Russian Government on this
Subject.
r am, &c.
(Signed) SALTS iWHV.
h
No. 72.
Til'- Murqun^s of Salisliuri/ to Sir J. Pauncrfofe.
Sir, Forviijii Office, March !), 1S97.
IN' your Exeellcncy's despatch of t!io L'4tli July, IS'Jii, forwarding a copy of a
note lioni ]\Ir. Kockhill, Acting Secretary of State, it was stated that the United
States' 'ovennnent would give their careful consideration to the alternative proposals
of Ifcr jMajesty's (Jovernment with regard to the representation of the United States
by counsel at tiie trials of British sealing-vessels seized by American revenue raisers in
Behring Sea.
1 should wish your Excellency to endeavour to obtain an answer from the United
States' Government to the suggestion that they should enter intaan agreement to satisfy
the Jadgment of tiie Court if the seizure s'r.ould be held to he wrongful, an anangenient
being at the same time nuule by which they should employ solicitors and counsel, and
eoniluct the prosecution of the suits in tiie name of the Crown.
'n the opinion of Llcr .Majesty's Government, it would lie more satisfactory tliat
each country should become responsible for the prosecution of vessels seized l)y its
olHeers. and in support of this view you should refer to tiie seizure of the " Beatrice "
in 18l(."). ill consei|uence of which Her Majesty's (Jovernaient have had to pay costs
and damages amounting to I'dAl. I authorized you in my despatch of tiie 2i'nd Miiy,
189(1, to state that Her Majesty's Government would not feel justilied in procee(!!ng
with an appeal in this case, as requested by Mr. OIney, unless the United States'
Governinent were prepared to bear tiie cost and to s:itisfy any damages which the
Court might award. It would no doubt have been better in tiiis instiineo tli.U the
prosecution should liave been conducted from the outset by the United States' (Govern-
ment, who woukl ihen liavu tlieiv.selves been at lii)eily to decide on the (luestiim of
appeal.
Vou should take this opportunity of stating, witli reference to .Mr. Ohny's r.ote
of the l''th Pei'omber, 18!}0, a copy of which wis inclosed in your despatch of tii; ITtli
:;, w
w
'
S8
December last, that Her Majesty's Government arc still in correspondence with tlu-
Canadian Ciovernmcnt respecting the Supplementary Regulations desired by the United
States' Government, providing for the examination' of seal-skins at Canadian por.s, and
for the acaling-iip of fire-arms on board British vessels, and that a furtlier communi-
cation will be made on these subjects as soon as possible.
I am, &c.
(Signed) SALISBURY.
No. 73.
Sir J. Pauncefote to the Marquess of Salisbury. — (Received March 29.)
My Lord. Washington, March 19, 1S97.
WITH retbrence to my despatch of the *Joth January last concerning the
inspection of seal-skins ami tlic use of tire-arms in Bchring Sea, I have the honour to
transmit hcrewitli copy of a further note which I liave received from the Secretary of State,
requestitig that a reply to "Sir. Olney's note (copy of which accompanied my above-
mentioned dcspatcli to your J^oiilship) may be expe lited.
I liavo forwarded a coj)y of the note, iierein inclosed, to the Governor-General of
Canada.
T have, &c.
(Signed) JULIAN TAUNCEFOTE.
■"ill" ;
V-'.*' ^
Inclosurc in No. 73.
Mr. Sliermnn to Sir J. Pauncefote.
Excellency, Department of State, Washington, March 12, 1897.
ADVERTING to the D-partment's note of the l.'ith December, 1890, in
regard to the proposed adoption of amended regulations for pelagic sealing in Behring
Sea and the North Pacitic Ocean, particularly as to those concerning the inspection of
skins and the use of fire-arms, and to your note of the I6tli January last, stating that
the |)roposed regulations, in so far as the same relate to the inspection of skins, cannot
be made compulsory without legislation by ^he Canadian Parliament, I have the honour,
in view of the near aj)proacli of the opening of the sealing season, to I'^call your
attention to Mr. Olney's note of the 'JMni .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 Iler Majesty's Government, fov 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 SHERMAN.
No. 71.
Sir J. Pauncefote to the Marquess of Salisbury — {Received April 1.)
My Lord, Washington, March 23, 1897.
I HAVE the honour to inclose herewith copy of a note which I have this day
addressed to the United States' Secretary of State, in compliance with the instructions
: invcyed in your Lordship's despatch of the 6th instant, with regard to the revision
I ■' the Sealing Regulations and the reappointment of British Agents to visit the islands.
I have, &c.
(Signed) JULIAN PAUNCEFOTfc].
oiulenoe with tlio
red 1))' the United
madian por ..^, and
further conununi-
SALISBIIIIY.
arch 29.)
March 19, 1897.
it concerning the
ive the honour to
Secretary of State,
panied my above-
ovenior-Gcneral ot
'AUNCEFOTE.
March 12, 1897.
ceinher, 189G, in
seaUnj? in Jkhring
the inspection of
last, stating that
on of skins, cannot
have tlie honour,
, to i-^call your
informed of the
inspection of seal-
vernment, fov which
a reply upon this
N SUi:iUIAN.
ipril 1.)
March 23, 1897.
h I have this day
ih the instructions
ird to the revision
nsit the islands.
'AUNCEFOTE.
89
Inclosure in No. ^^^.
Sir J, Pauncefote to Mr. Sherman.
Sir, Washington. March 23, 1897.
WITH reference to an inquiry made by your predecessor on the 4th .January last
respectini: the Report of Professor D'Arcy Thompson, r«ritisli Commissioner in charge of
the fur-seal invcstination for 1896, I have the honour to inform you, by direction of the
Marquess of Salisbury, tiiat no formal record of jiroccedings lias yot been received from
Professor Thompson, but tiiat Mer Majesty's Government will be happy to furnish the
United States' Government with a copy of his definitive Report, wiiicli is in a forward
state of preparation, as soon as it has been printed.
From such information as has hitherto lieen furnished by Proltssor Thompson, and
the facts as to the present condition of the seal herd set fortii in Dr. .Jordan's Ueport,
there is apparently no retison to fear that tiie seal lierd is tlireatencd with early
extermination.
Her Majesty's Government, however, believe that some modification of the Sealini;
Regulations will i)e recjuired at the expiration of the five years' term wiiich was named by
the Arbitration Tribunal of 1893. Tiiat period expires at the close of tiie season of 189S,
and it would be desirable that the discussion of the moditieations wiiieh may be found
necessary should take place in the course of thai year, in order that tlie revised Regula-
tions may be readv '^')r adoption before the sealing season of 1899 ; and witli this object
in view Her A' ,,^'Sty's Government are very desirous of sending out special Agents
again in .June next to carry on further inquiries and ol)servations in the IVibylott' Islands.
I'rotessnr 'i'liompson has stated to Her Majesty's Government his views as to tiie
various points in regard to seal life, which retpiire further investigation, to enable Her
Majesty's Government to consider the question of revising the llegnliitions.
The statistics of former observers were found to afford no evidence on which an
accurate estimate of the diminution in the number of seals could be based, but the careful
count of the seals that was made last summer forms a valuable standard for eomp;n'ison.
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 as to the number
of seals frequenting the islands.
The result of the joint investigations showed tiiat no great ditlieulty was found in
taking .'30,(100 seals on land in 189(5; and, whatever number it may lie decided to kill this
year, it is important to observe with what degree of liicility the total is reached.
For these reasons Professor Thompson is anxious that British Agents should again be
appointed, with the same powers and the same freedom of action as they enjoyed last
year.
In communicating tlie above I am directed by my Governineiit to e.\|)ress 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 Commau'ier ami Robben Islands, and that
an application has been made to the Russian Government on tiiis sul)ject.
I am informed by telegraph by the Marquess of Salisbury tiiat Professor Thompson is
desirous of starting on tlie 8th April via Japan, au.l to visit the Russian islands in the first
instiince. 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 tiiat
1 may bo able to report by telegraph to Lord Salisbury wli-'ther the United States*
Government are willing to atlord the facilities, to which I have above alluded, to the
British Agents.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 75.
Mr. IVhite to the Marquess of Salisbury, — {Received April 10.)
The Embasst/ of the United States, London,
My Lord, April 10, 1897.
1 HAVE the honour to inform your Lordship that, as a result of the iuvostiga-
tioQ made last year in Alaskan Maters by Dr. Jordan, with whoso views Professor
Mil
I
'{I
16381
N
ii
90
Thompson, who was sent by Her Majesty's Government to make similar investis^ations,
is bolioved to concui', the present state of the Alaskan seals has forced its(>lt' in the
midst of the many cares attendiuf; the organization of tlio Administration n])nn tlio
attention of the President of the United States, to whom the depicted condition and
prospective early extinction of tlie herd arc a matter of s:crave com orn. I have
received urgent telegraphic instructions, therefore, to bring the subject to the
immediate attention of lEer ^Eajesty's Government, and to l- mmunicate the
President's earnest hope and ex])eetation that effective measures may at once be
adopted by tlio respective Governments with a view to putting a stop to the indis-
criminate slaughter of the seals through ])elagic sealing.
I am instructed to suggest to Her Majesty's Government that, in the opinion of
the President, a modus vivendi based upon that of 1801, with equitable provision for
the various interests involved, suspending all killing of all seals during the season of
18!)7 in IJehriiig Sea, should be agreed upon without delay, and that this should be
accompanied by an arrangement for a joint Conference at an early day of the Powers
coneeviied for tlie purpose of agreeing ujion tlie measures necessary for the preserva-
tion of tlie seals in the Xorth Paeitic from extermination, and of restoring tlicm to
their normal condition with a view to their continued existence.
To defer taking up the subject until after the termination of the season 1898, as
contemi>lated by the Award of the Tribunal of Arbitration at Paris, would, in the
opinion of my Government, be fatal to the object in view, as, should the destruction
continue during two more seasons, there will be no occasion, owing to disappearance
of the seals, for a Conference. The President sees, therefore, no cseape from tlie
conviction that there is urgent necessity for prompt action such as I now have the
honour to propose on his behalf, and in so doing I am instructed to say that if Her
Majesty's Government should sec their way to agreeing to the modus vivendi herein
suggested, my Government will have pleasure in giving full opportunity to Professor
Thompson and his assistants to visit the se;\l islands in aecordance with a request to
that effect which has been made by the British Ambassador at Washington.
In view of the approach of tlie sealing season, and of the consequent importance
that the President should be in a position to know as soon as possible Avhether he may
count, as he hopes, upon the friendly co-operation in this matter of ller jNIajcsty's
Government, I have the honour, in accordance with the instructions of the Secretary of
State, to ask your Lordship to be so good as to cause a reply to be sent to this note at
the earliest date Avhich may be practicable.
I have, &c.
(Signed) H. WHITE.
mii
No. 76.
The Marquess of Salisbury to Mr. H. White.
Sir, Foreign Office, April 12, 1807.
I HAD the honour to receive the note which you were good enough to leave at
this Oflice on the 10th instant, conveying proposals from the United States' Govern-
ment for a fresh modus vinendi, similar to that of 1891, with regard to the seal fislieries
in Eehring Sea, and for an arrangement for a joint conference of the Powers concerned,
to discuss the measures necessary for the preservation of the seals.
Your communication will receive the immediate consideration of Her Majesty's
Government.
I am, &c.
(Signed) SALISBURY.
No. 77.
Sir J. Pauncefote to the Marquess of Salisbury. — {Received April 14.)
(Telegraphic.) Washington, April ll, 1897.
AVITJE 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 the
facilities asked for on behalf of Professor Thompson will be accorded. The United
'■'.IT,
illations,
t" in tlie
i])nn tho
tiou and
I have
, to the
cato the
once he
lie incUs-
pinion of
vision for
season of
;houhl bo
10 Powers
preserva-
; them to
1 1898, as
hi, in the
estruction
ppearanco
from the
r have tho
lat if Her
ndi herein
) Professor
request to
importance
ler ho may
.- ^Majesty's
locretary of
;his note at
VHITE.
L2, 1807.
I to leave at
Is' Goveru-
il fisheries
Iconcorued,
Majesty's
iBURY.
I)
Li, 1897.
Ih, I have
T;t that the
L'he United
01
States' Government hope that Dr. Jordan may accompany Professor Tiiompson on his
journey.
Tlie re])ly from the United States' Government has been greatly delayed, but a
note on the subject has been promised to me.
I have sent to your Lordship by the mails of the 91h instant and this day two
important despatches rccordini? an interview with ^Mr. Sherman, and inclosing a note
from him reopening tho question of tlie IJoKiiIations eonceriiing the fur-seal fishery,
and pressing that the modus vlvfudi should be renewed this season, and a Conference of
the Powers interested be immediately summoned.
The Honourable J. W. Foster, who was United States' Agent at the Paris
Arbitration, has been nominated by the President a Commissioner, to carry on the
negotiations and conduct the correspondence on the subject on behalf of the United
States' Government.
No. 78.
Sir J. Pauncefote to the Marquess of Salisbunj. — (Received April 1 7.)
My Lord, Washington, April 9, 1897.
YESTERDAY being the day set apart by the Secretary of State for receiving the
foreign Eepresentatives, I called on Mr. Sherman at the Department of State, and,
after transacting some formal business, he suddenly introduced the subject of tho fur-
seal fishery, and asked me whether I had not had some recent negotiation with his
predecessor on the subject. On my replying that nothing had passed between Mr.
Olney and myself except what appeared in tho 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 proliibit 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
5)receding years pointed to early extermination of the species. This fact could no
onger reasonably be doubted in view of the statistics and of the reports of scientists,
and tho 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 tho arrangement, no fear need be entertained that they would
refuse their adhesion to it in furtherance of the heueflcent purpose 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 bo equally
willing to make the sacriiiccs 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 IMr. Sherman that I would submit his observations and suggestions to
your Lordship, and I should be glad to be favoured with instructions as to the language
which I should hold to him on the subject.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
: t
[038]
N 2
09
No. 79.
Sir J. Pauncefofe to the Marquess of Salisbury. — {Receiveif April 21.)
My Lord, Washington, April 13, I'^O?.
IN my ilcspatcli of the 9tl» instant, I had the honour to report the lanjiuage
held to nie hy tlie new Secretary of State, Mr. Sherman, on tlie subject of the fur-
seal fishery in tlie North Pacific, and his |)rop()sal for an international arrangement
on a wide l)asis, for the reeuncration of the fur-seal herds, which, in the opinion
of the scientific advisers of his Government, arc decreasing in numbers with it
rapidity which threatens early extinction.
The followini;- day, but too late for transmission by the same mail, 1 received a
note fioin him, of w'iiieh i have the honour to inclose a copy.
This note is a reply to that which I addressed to him on the 2.Srd ultimo, under
the instriicti(»!\s contained in your Lorilshi])'s despatch of the Gth ultimo, and of
whi^h a copy was inclosed in my despatch of the i?3r(i ultimo.
'I'he note enters into statistics in support of the contention of the United States'
G«)vernmenl, tliat " pelagic sealing if persisted in will, sooner or later, result in
practical extermination,' anil strongly urges the suspension of all killing of fur-
■eals in 1897, and a joint Conferonce, at an early day, of the Powers concerned to
agree upon measures necessary to |)rcserve tlie fur-seals of tlie North I'ucilic Ocean
from extermination, and to restore them to their normal condition for insuring
continued cxisteiiee.
No reply is made to the recpiest that facilities may be granted to Professor
Thompson to visit the Pribylolf Islands again this year, but I 'larilly think that it
is intended to witliliold them, and 1 hope to obtain a favourable answer in a few
(lnys, in whieii case 1 w ill advise your Lurdship. of it by cable.
I have, &c.
(Signed) .7UL1AX PAUNCEFOTE.
Inclosuro in No. 79.
fiiii
il
!?
m
Mr. Sherman to Sir J. Pauncefote.
Excellency, Dcjiarlmrnt of Slate, Washiiujtoii, April !), 1^97.
CIHCL' MSTANCKS beyond my control l.ave delayed an answer u|) to this
time of the note you <lid me the lioiuuir to address me under date of the 'i3rd
ultimo, wherein you advise me of the desire of your Cjovernment that Professor
Thompson sliould revisit the seal islands in Uehring Sea, and tiiat tlie same facilities
and accommodations wiiieh were last year provided for the IJritish agents may be
alforded on the conleniplated visit.
The (ioverniiient ol the United States has always cheerfully welcome. I the visit
to the Pribylolf Islands of <lu!y authorized British agents, who were desirous of
making an imjjartial and scienvllle 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 the prompt and favourable reply for which you expressed a desire. But it
contained statements of fact and conclusions reached by Her .Majesty's tiuverninent of
such a serious charaeter. that I lelt it my duty to lay the note bel'ore the Prtsidcnt lor
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'erential attention which their
importance demanded, and though he has as promptly as possible devoted his time
to the examination and consideration of the tacts anil correspondence, I have not
until the present been able to make the response to your note w hich. a due regard
for its tenour required.
The President instructs me to say that ho is greatly concerned as to the present
depleted coiulition and the prospective early extinction of the Alaskan seal herd.
He cannot agree with 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 U'^port possessed by Lord
Salisbury,, Feeling that the results of the investigations made in lt?96 bv the
88
I.
scientists of tlio two GovornniontH sliould be rospcrtivoly made l<no\vn tn racli otlicr
at the earliest praoticablo diite, my pntlcccssor caused Dr. Jordnn's IJc'i oit to be
promptly prepared, nnd copies «)r it Imvc been in the hands of the Ilritish Govern-
ment for some time past. It is niiieli regretted tlint a similar cmirsc was not
pursued as to the Heport of I'rofessor 'riuiiiipsoii, and pceuliarly mdortiuiate that
anotlier season of |)eliis;ie ^■(■aiiIlg siioiild lie entered iiion witlioiit any f)pportunity
on the part of my (Joverninent to examine tlic Heporl,
The President is, tlierel'ore. forced to reacli liis conclusion on the points tieated
of in your note by a cartful study oC Dr. .lonhin's Heport, and otlicr asceriainrd
facts and statistics.
Dr. .Ionian's h'cport shows cducbisivelv that there has been a distiiut and
steady decrease both in the total nuiidicr ol' brecdinj;' seals and in the niinihi.'r of
harems of breediiii; cow^ in the season of tSlKi, as compared with that of istlj).
It further appears I'roni s.iid Report eoiielusively, that this diniinutioi\ has been
caused by pelat!;ie sealini;', the most destructive eilects of which are manifested in
Bohrinj; Sea in Aujjiist, at which time at least two-thirds of the catch consis-ts of
fcuiales who are then leaving the islands for food for their pups.
It is (urther shown that the nund;er of jnips thus (lyin<;' from starvation, t':eir
mothers haviiii; been killrd at sea, amount for the season of 18'j(J to al;out
14,473.
It is further apparent fiom said Hepdrt that it was as easy in 18S0 to procure
lOO.OOO skins on land of the same fpiality as those taki n clurinp; the season of lt»96
as it was to obtain the catch of last year's, namely, 30,000. The t umber of
breediniv leai.-iles is not over one-fourtli as many now as in 18^0. These facts lead
Dr. Jordan to the positive conclusion that pelaj;ie sealint;' will idtimately result in
the practical extinction of the herd.
'I'urnino' lo the statistics of the caleii in Tlehrinu; Sea, it appears that 'M vessels
in ISKf IuIKnI SJ.o.sri seals, while in IS'.'C. 07 vessels only secured •J!),.-)fiO. The
averai^e ealch jier vessel in Hehrin<;- Sea in ISO-i was 85.">, as compared with 440
in lb'.)(5. It may be claimed that the land catcii increa.'^ed in 18U(>, as compared
with 18',)r), from [."ijlOO to .SO,nOl), and that tl.is may have had some influerco upon
the decrease of the pelaji^ie eateh of ll.fit!'.) in ISUO as com|)ared with Is!)').
I( tihould b(! romemliered. however, that the average percentaj^e of females to
males in tlie Hehrin;;- Sea catches of both british and Ameri'';in vessels was about
two-thirds females to one-third males.
At the ulniost, therelbre, the increased catch on the islands v, ould have alTceted
the pehii^ie catch a little more than 4,(i0') skins, Icavin;:;' a deercise oi at least
10,()(!() unaccounted for except by a laliin;;-alV in the T^male seals.
It sliould further be remembered thai the catcii en the islands was increased in
1890 to ;•.(•,(){)(>, because it was plain ujion scientillc investi2;ati()n tli;'.r ilu' (lan<;;erous
mortality aniona,' I'eni.nle seals i.roiig-|it about by pelagic sealin;;' liad lelt the
niMiiber oi' balls greatly in e\Ci'ss of the due proporti;in between liie sexes, and
to properlv care for the herd it iiecaiiie necessary to remove as far as possible
this menacins; excess of male life uj'.on the ijtlands.
The further startling- fact apjiears that in Beliring Sea the tdfal catch
decreased from 44,109 in IsO.') to i^it.fiO'l in 189G, a (lecrea;-:(i of .'53 per cent, in
the herds' capacity to yield a pelagic catcii, and if allowance is made for
the seals which the pelagic sealer was jirevented from taking by the increased land
killing of ISiK), the |u'rcentage of decreases in the ca|)aeity of the iuiil 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 li;3,000 in 18!)()) is but little more than one-iiaU" of the number
(280,000) com|)ute(l to be on said islands in 18U0, it must become evident that
before arrangements can be concluded for the new regulations ibr tlu? 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 dilliculty, 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 destructit)n goes on meanwhile there will
be little occasioa for action then, as the herd will be so far reduced as to render its
further protection fruitless. The cxpres-sion " no reason to fear that the se.il hen!
04
;!
hSl'
is tliicatoiuni with onrly oxtcrmiii.ilion " is nofoil with Htirprisc. Is it thi* intuntion
of the llritish (iovornmoiit to <lt!la\ action until tlio vlt^o ol' cxtinrtioti is reacliod ?
Docs that conrso commend itseir to itH siMist; ol justice) and hiiniiiiiity ? Is it rii;lit
that the j;rcat interests ol" a iVieudly Power and tiio cxistiMicc ol' a useCnl race of
animals should \w exposed iiy the continued practice ot' a means of slatijj^htcr which
it is coiurdcd will ultimately result in their destruction?
The Paris Trihunal reached the conclusion, upon the facts bi'foro it, that
a. certain amount of pelagic sealiiij^ coidd he earrii'd on without Serious danfjjcr
to the continued existence of the herd, and tipon tiiis conviction it authorized the
practice of pela<^ic sealinij^ 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 tl>ere reacheil is not sustained hy the facts, ami that pelap;ic sealing, if
persisted in, will, sooner ur later, rusidtin practical exterminatioti. Such hein^ the
ascertained fact, it seems to tlic President just and ri<<^ht that the practice autho-
rized by the Tribunal under a fallacious conclusion should be abandoned ur
modilied in such a way as to accomplisii the declared purpose of the Paris Arbitration,
the continued existence and prcservatioit of the herd.
Ill view of the foregoing conclusions, the President has directed mo to com-
municate by cable to the Kmbassy in London his desire that the subject be brought
at once to the attention of Lord Salisbury, with the urgent request that a modus
Vivendi should be agreed upon, with eipiitable |)rovision for the interests involvid,
suspending all killing for the season of ls!)7 ; and that this should be accompanied
by an arrangement for a joint Conference at an early day of the Powers concerned
to agree upon measures necessary to preserve the seals of the North Paciiic Ocean
t'roin extermination, and to restore them to their normal condition for insuring
continued existence.
Our reprcseiilativo in London was instructed to urge an early answer to the
proposal, as the President desired to know whether he could rely upon the tViendly
co-operation of Great liritain.
In communicating to you, Mr. Ambassador, the foregoing action of the President,
I invoke your good ollices with your (jovernment at London to secure from it such
favourable action as will tend to cement our relations of cordial co-operation and
frien(lslii[).
I have, &c.
(Signed) JOUN SUEllMAN.
Hy^)
No. 80.
The Marquess of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Forei(jn OjHcr, April 21, 1897.
A NOTE iu the sen.so of your despatch of the 13tli instant was presented by
United States' Charge d'Atfaircs, except that permission to renew investigation was
made to depend upon acceptance of proposals.
You will iMf'f'ive instructions for reply at the earliest date possible.
Danger of extermination is shown by Thompson's Kei)ort not to be imminent.
No. 81.
Sir J. Pauncefote to the Marquess of Salisbury. — {l^cceived April 22.)
(Telegraphic.) Washington, April 22, 1897.
AVITII reference to yotu* Lordship's telegram of yesterday's date, I liavo the
honour to report that the Secretary of State has addressed a note to me, in winch
he states that his Government will welcome the visit of Professor Thompson to the
Seal Islands, and will at once issue orders to the local authorities to grant him
facilities similar to those extended to him last season.
No. 82.
The Mnrqucus nf Halishurij to Sir J. Pauncefole.
Sir, Foreign Office, April 22, 1807.
I TRAMSMIT to your Kxccllciicy licrfwitli a copy of n iioto from tlu; Uiiitd
Stiitoa' Cliur;,'(' d'AHuiros,* slating' that liu has rccrivcd instructioiis to briiijj the
question ol' the liir-scal llshery in I{( liiinn' Sen to the immediato attention ol' Ilcr
Majesty's (Jovoniment, and t<i express the earnest hope of the ['resident tiiat cfFective
measnres may i)e at oneo taken liy tlie respective! (lovornments in order to ]iut n stop
to tiie iudiseriniinate Hhuigliter of tlic seals tiironcfli peia;>;ie soalintj. It is sug-
fTcsted that a moiha^ rivnuli, simihir to that of lS01,8honId be a}z;recd to, to bo followed
by a .Foiiit Conference' of tiic Powers enncern'd, with a view to the necessary
measures beini;' atiopted for tiie j)rescrvati(in of tlic seals in liie Nortii Pacifie.
It is further stated tliat in the eseiit of Her Maj(;sty's riovernnient con-
currini;' in tlicse proposals, full ojjportunity will bo {:;;ivcn to Professor d'Arcy
Thompson to visit the Seal hJmds, in accordance with the request wliich was
made to the United States' (jovornnient throuf^h yom- Excellency.
Her Majesty's Government woic eonvinceci that the United States' Govern-
ment did not intend to refuse all further opportunity for invcstif^ation unle;,s these
projjosals were accepted, and I have acconlinf^'ly been c;Iad to reeeivo your Excel-
lency's telcf^ram of the 11th instant, statiniv that tlit; requisite facilities wilj bo
accorded to Professor 'riiompson, to enable iiini to visit the islands ajyaia thia
season, and that Dr. Jordan will, it is ho[;ed, join him in his tour.
The above ur^jcnf. application is reported to be based on the result of
Ur. Jordan's investii^ations last year, in v.hich, it is stated, Professor Thoiipson is
believed to concur.
I am now able to inclose for communication to the United States' Government
copies of Mr. Thompson's Rep.)rt,t froia which it will be seen that the President is
mistaken in supposing that, in the opinit)n of the British As;ent, there is any imme-
diate cause for alarm.
])r. Jordan's Report, niorcov i, has been carefully examined, and does not
appear to contain upiy facts which would warrant the statement made in
^lr. White's note as to the "depleted condition and prospective carlv extinction of
the herd."
On the contrary, both Reports are, generally, to the effect that the number of
seals in lb'.)') showed no evidence of any measurable diminution as compared with
181)5, and that no immediate dang'er is to be apprehended to the herd, which
appears to be in a much better condition than was reported in 18i)4 and 1S95.
For instance, in commenting on the statistics for 181)5-9(5 for St. Gcon^e Islands,
Mr. Thomjjson states at page 7 of his Report, that, although the fi2;ures may not
all'ord any positive evidence of an actual increase of tlie herd between tlie seasons
of 181'.^ and 1890, 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 herd
on the island is, at least, very mucli better than it was believed to be from the
Reports of the American agents in 1895. Ho 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 next twelve months would surely have shown signs still more unequivocal
of continued impoverishment of the stock. The photographs, however, show with
verv 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 »vas much reduced, the catch in Behring Sea having only l)een about
two- thirds of that of 1^95. The low prices, moreover, realized for last year's
skins are likely to lead to a smaller number of vessels fitting out for the fishery this
season ; and there is, therefore, no information before Her Majesty's Gc.crn-
ment to warrant the belief of the United States' Government, that to defer taking
up the subject until after the season of 1898 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 Government are convinced that tiiey v.ill prove
.«!
t " United Stiller No. 3 (,1897)."
!)6
va
■4'.
to bo equally so on tlio present rccasion. Tlie small cateli and low prices obtained
for the skins last year broufjlit many ol'theowMers of llicscaliiii;' vessels to the verge of
bnnkruptey, and were Her .\lajesty's (ioveinment to prohibit pela;;ie sealing aUot;;ether
for this vear, it would mean the prohable ruin of a eonsi.leralile ninnher of British
subjects enj;af;e(l in a lawful industry. Of course, if the United States' (Govern-
ment are prejiared to i;ive adecjuate compensation to the st'alint;' lleet on account of
its enforced abstention from the fishery this season, ller .Majesty's (iovernment
wouitl have no reastju for refusiui; their assent to the proposal fur a hkkIiis rivciuli, but
they do not f;'ather that such is the case, and it woidd he in^possihle lor "icin to
submit a vcUe to Parliament for the |)uiposc, lioldini;' as they do ;liat no siillicient
reason has !)cen shown for its necessity.
.\s regards the i)ro|;osed Conference, Her Majesty's Coveriunent arc of opinion
that fui'ther invcsli<;atiiin is necessary on many points connected willi seal lile
before the ijuestions at issue could be discussed with the hope of attaining any
satisfactory result.
Df. Jordan and Professor Thompson are agreed that it is most im|)ortant that
an acciiiat(> co\nit of seals on the principal rookeries siioidd b:; made during several
seasons in order to ascertain the changes from year to year, and there .iro oilier
important points mentioned in the conclusion of Mr. Tiioiupson's l{e|)ort on which,
pending;' further incpiiry, he lin<!s it. dcsiral)le to suspeu.l judgmeMt.
It is admitted that the investigations i-arried out la;;t yc.ii' afforded for the
first time ar.v really reliable statistics in regard to tiie ci>n<lilioa oi' the lierd, and
that ail previous re|)orts received on the subjcet are practically vahu-less for
purposes of cdmparison.
To estimate accurately the eilVet on the lierd of tin- various agencies now at
work, reliable statistics, exieniling over a sullicieni, |)eriod to cn.ibL accidental
circumstances to be eliminated, should be available, and ller Alaji sty's tiovernment
must adhere t>) the view set forth in mv despatch of tiie (ith ultimo, that further
investigation is i'e(|uired before the cpicstion t)f revising the Kcgidations cau be
considered.
Your l!\celleney will read this desp,itel\ to the Secret. irv of State, and leave a
copy ot'i' with him should he desire it.
I am, Sio.
(Signed) SALISUURY.
No. 83
77/;' Moniuvss of StiUsbiiri/ to Sir J. Panncrfotv.
(Teloi:r:'pliic."> l''on'i,jn Olftre, April :!S, 1SS)7.
jn;iiuiNu sE.v.
Your telegram ol' '22w\ April.
y\v. ^lacouii is no! uuMitioned.
AVc jn'c^inne thai, ixMuling Professor Thompson's .irrival on the islands, he will be
acecnled I'.ieililies n'cpiired f^r investiLiation.
V ' i ■
I'm . '
iSX
No. St.
The ^fdrquess of Salinbunj In Sir J. Pntiuciofc.
(Teleirrnpliie.) Foreign 0//)'cr, April 28, 1807.
AVlf 11 reference to ; our telegram oT 1 lt!i Ajiril.
rrol'essor Thompson |)roposes in llrst instance to vi.^it Itussiaii islands, whither
lie will prneted shortly after his arrival at Yokohama about tlie liOtli .May. lie will
remain at l{iis»iaii islands till towards the end of .Inly.
Yi'U sluii'.il int'iMiu I'nited States' (iovernMiciit sluMdil Dr. Jordan desire to join
him. Admiralty could luovide passage for him in one nf Her ^fajesty's ships from
Yokiiliaini
07
r~r
No. 85.
•Sir J. Pttuncpfoie to the Marquess of Snlisbury. — {Received Mm/ \.)
My Lord, IVnslnnijInn, A/nil 20, 18»7.
WITir rol'orcnco to your Lordship's dospalcli ol" Mic HUli May lasl,» in
wliic'; your liordsliip iustruotod me to asccrfain tlio views ol' (hf IJuitcd SJat(!s'
CiovcruuKMit as lo (lie proposition tliat in Tuturo all suits l)rou!j:lit in Uritisli Courts lor
ooudonuKition of Uritisli soaliiiLf-vcsscIs seized hy Anu'riean ollicers for violation of tlio
Belirin;^ Sea Award slioidd h(\ condueled in tli(> name of tlie Crown I),' Counsel
enijtloyed hy the IJnilcd Stat(>s' (lovernnient, and (hat the IJnihvl Slates siiould
lurtiier enter into an Ai^reoinent to satisi'y (he .ludi;ineiit of (he (.'ourt if tii(^ sei;''ir<>
shouhl ho held to ho wrongful, I have the honour to inelose copy of a note which
I have received from the St'criitary of State in r(4)ly to my in([uiries on the snhject.
Mr. Sherman states that, for the reason set forth in his note, the llnili'd States'
(Government arc not disposed to agi-ee to the proposal xniuU' hy Jler Majesty's Gov(U'n-
nunit.
I liave, &e.
(Signed) .rULIAN PAUNCETOTE.
m
fci
IS'.)7.
1897.
whither
Ho will
Inclosuro in No. 86.
Mr. Sherman to Sir J, Pnunccfote.
Excelh>ney, Washini/ton, April 17, 181)7.
I II AVI'i (he honour to aeknowledijje the receipt of your uot<! of the ^Ith uKimo,*
asking to ho informed of the vi(>ws of this (jovcrnnu.'ut as to tin; proposition contained
tlu>rciu ; and also, in an earlier note of the 2.')(h .Tunc last, lo the ell'ccd. (hat in the
future all suits hi-ought in Hritish Courts for condemnaMon of ISritisli scaling-vcissels
sv'ized hy American ollicers for violation of tlu? Hi-hring Sea Award IxMrondiietcd in the
name of the Crown hy Counsel employed hy the United States' Cjovernnient, and that
the United States should further enter into an agreement to satisi'y the Judgment of the
('onrt if the seizures sliould he held to he wrongful.
riic proposition has received the careful conside-ation of tin; (ioveriinuMit, and I
heg to reply that the suggestion contained in your note cited :il)ove grew out of a
request that the Hritish (iovernment give its coviscnt to the ajjpointnient of Counsel
(o represent- tli(^ United States in proceedings hrought ai^ainsttlK! " Shelhy,"' and to he
hrought against other Jh'iiish vessels for violating the Heliring Sea Award Act. It
was not intended, however, hy tlnit re(iuest to «;oiivey the impression that the (lOviM'ii-
ment (d' th(^ United States desired to heeome a party to the proceedings, hut ni(>rely tliat
the privilege av."..i dc^sired of watching the progress of the trials, ami of iiiuking
suggestions from time to time as to matters in issue which alVect, or might ail'ect, the
interests of the United States.
This privilege; was very kindly accordcil in your jiote of the ^oth .lune, is'.Xi, and
fully satisli(<d (!very wish of this (lovernmcMit, which appreciates (ivery elfort that has
been and will he made hy llcr ^^ajesty's (JovernnuMil to |>nnish infractions of the said
Act hy British sv.hjects. Upi; can-ful '"eflcction, therefore, [ can scf; no oc(Msion for
•Miteiing into the further arrangements suggested in your note to my piinlce(.'ssorof the
2.'jth June, I8ij('», and recalled to my atloution in your nott; of the 21tli ulliiiK;.
r have, (tc.
(Signed)
.lOUN SJll^llMAN.
No. 86.
•Sir ./. Pauncpfole tn the Marquess of Salisburi/. — (Received May 1.)
My Lord, Wukiiim/loii, April 20, 181)7.
WITH reforcnee to your Lordship's despnvch of the (Uh u'tinio, instructing me to
request the United States' Government to arrange that facilities and accommodation
[638]
See also No 7"J.
98
shuulcl, as before, be provided for the British Agents on their visit to the Pribyloff
Islands, I liave the honour to transniil Tiercwith copy of a note which I have received
from Mr. ISherman, Htiiting that the United ."itatcs' Governmint will welcome the visit of
Professor Thompson to tLose islands.
1 have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in N'>. 86.
Mr. Sherman to Sir J. Pauncefote.
Eicellency, Waghington, April 16, 1897.
I HAVE pleasure in confirming and repeating the oral assurance heretofore given
to you that the Government of the United Slates 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
visit last year.
I liave, &c.
(Signed) JOHN SHERMAN.
No, 87.
The Marquess of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, May 1, 1897.
V\ ITH reference to your despatch of the 19th March respecting the Behring
Sea negotiations, 1 have to inform you that the renewal of the Agieement for ll. ■
sealing-up of arms by a duly authorized officer, on the application of the master, is agreed
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 authorize you to inform the Government of the United States of the above.
A despatch follows.
r." <\
"^SlS'i^
>*>*f
> "
No. 88.
The Marquess of Salisbury to > J. Pauncefote.
Sir, Foreign Office, May 1, 1S97.
WITH reference to your despatch of the H)tb March, I have to inform yon
th.ti the {Canadian Government have exprosed their views on the Supplementary
Regulations proposed by the United States' Govcrr.ini nt for the senl fishery in Behring
Sea in regard to the sealing-un ot arms, and the exaiiiinatio!! by United States' officers of
the skins landed at Victoria from British *ialin};-vesht'l!-.
I have lo-duy authorized your l^^xctilencv, by telegraph, to info>'m the United Stales'
Government that Her Majesty's Govermntiit are pupared to agree t<> the renewal of the
Arrangement made in 1894 for the sealing-up by a duly authorized officer, on the appli-
catio i ot tlie muster, of the arms on board a vessel proceeding to the fi>hery in Mehrmg
Sea, or returning to port during the eliise season; but that the Ciinadian Govern-
ment found themselves unable to concur in the suggestion that the skin^ landed from
the British sealing fleet should lie examined at the port of d'>stination by American
expel :■•
As regards this last prupos: I, the Canadian GoveriMiient aie convinced that even
were it possible to establish that any punctures which might be found in the seaUskins
were the result of gun-shot wounds, and that ihe> could t)e readily distinguished from
I
09
those made by sjtearh, it would still he iiiipossihie to prove that the animal fron) which
the pelt was taken had been killed by uicans c;' fire-arms. It is a matter, it is said, of
common knowled}!;e iliat the skins of a large number of seals killed by spears contain
shot-wounds, so that no weight can be attached to any argument derived from these
wounds as to the manner whereby the ultimate capture of the seal was effected. There is
no means of proving that these shot-wounds were not received during the migration of
the seals outside Behring 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 suggiested awaited them at their destination, could readily add a spear-wound
to the skin had the seal been shot, thus effectually destroying the utility ot 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 Excellency 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 afterwards found that the vessel had no fire-armsi whatever on board.
'J'he Canadian (iovernmeiit are further of opinion that, an examination of the salted
skins when landed ut the home ports would provo of littli' use in establishing the sex ot
the seals killed. Ihey state that when the United States' Treasury Circular, which is
referred to in Mr. Olney's note, first came into their possession, the matter 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 dealing 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.
m
No. 89.
Sir ./. Pauncefnfe to tlv Marquess of Salisbury.— (Received May 3.)
(Telegrapnic.) Washington, May :), 1897.
Wl'lll reference to your liOrdsliip's telegrams of the 28th ultimo, au'aorities at
IVibvloll Islands will at once receive inhtruetions to give Mr. Maeoun same facilities
as were accorded last year
Should the movements ot any ot the re venue- vessels sailing to those islands suit
Mr. MacouMs convenience, Uiiitc'd St'ites' Government will olfor him passage on
them.
Dr. .Tordan has been informed of friendly offer of providing him a passage, but it
is not eonside'-'Ml (irobahie that he will ht able to take advantage of it.
f
Ko. 90.
The Marquess of Salisbury to Sir J. Pauncefote
Sir, Foreign Office, May 7, 1897.
I HAVE had under consideration, in communicatioii with Her Majesty's Secretary
of State for the Colonies, Mr. Sherman's nott- of the '.tth ultimo on the .subject of the
fur-seal fishery, of which a copy was inclosed in your Excellency's despatch of the
13th Apiil.
Mi' "herman urges that all killing of fur-seals should be 8U^pended tor the present,
and tbisi ;. jo-.jt Conference of the Powern concerned should meet at an early date to
agree uj / < I'n eieasures neceasary to preserve the seaLs from extermiiiiition, aiJ to
restore Uk- • ;u to i'lS normal conditions.
reayj o 2
100
> I '
The same proposals were made in the note from the United States' Charge d'AII'aires
of the 10th ultimo, a copy of which was transmitted to your Excellency in my despatch
of the I'L'nd April, with instructions as to the answer to be returucd to the United
States' Government on tiie subject.
^Mr. Sherman, however, adduces certain statistics in support of the contention that
the seals are thnatenod with early extermination, which make it necessary for Her
Majesty's (■oveniment lo deal with iiis despatch in a separate communication.
With regard to Mr. Sherman's complaint that the United States' Government had
not been fiirnisiieil with a C()j)y of Professor Thompson's Report of his investigations last
year, 1 have to slate that Her .Majesty's Government regret the delay that has occurred
in the matter. It lias been caused partly by RJr. Thompson's professional duties, and
also by the necessity 1 1 his waiting for certain notes and information with wiiich he had
asked Mr. Mjiecuni, the Agent of the Dominion Government, to furnish him. The Heport
i,s, however, now in the hands of the United States' Government.
^Ir. Slierman proceeds to state that in the absence of Professor Thompson's Report
tlie President has been forced to reach his conclusions as regards the condition of the
seal lishery by a careful study of Dr. Jordan's Report, and other ascertained facts and
statistics. It is to be regretted that Mr. Sherman haa not referred to the passages in
Dr. Jordan's Report on which the conclusions of the President have been arrived at. So
tar as Her Majesty's Government can judge in the absence of such indications, the
President's conclusions would appear to be based only on general assertions and deductions
in that Report.
Mr. Sherman 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
tl\e number of harems of breeding cows in the season of 189G as compared with that of
189u, and that it further conclusively appears from the Report that this diminution has
been caused by pelagic scaling.
Dr. Jordan, however, states Oh ' '^1 ns follows: "In 1895 Mr. Murray made a
careful cnunt of the number of harcnib < rwo i.^:I;inds, finding 5,000 in all. At the
same period in 18!)G he found that the Ui -• of harems was reduced to 4,S5;i, a loss of
',\\- per cent., the number of bulls without Inuems having increased 7 per cent."
On p. 1(5 Dr. Jordan himself gives the number of harems in 1890 as 5,009, a small
increase on Mr. Murray's count of 5,000 in 1895, instead of a decrease of less tlian
o per cent, (not ^l per cent, as calculated by Dr. Jordan). Similarly, as regards tiio
nui.iber of breeding cows. Dr. .Jordan's courtt, as recorded on p. 1(5, gives 81,793 for
L^yO, wh.ile the figures for 1 895, as given by himself on p. 20, were only 70,423. The
state of the rookeries in 189.>, as compared with 1890, is fully dealt with b^' Professor
Thompson, antl is referred to in my despatch of the 2i2nd ultimo, aiul it is there-
fore unnecessary to discuss the matter at length. That Report also deals, so far as the
intornvitiou at present available is concerned, with the question of the mortality of pups
owing to the killing of their motbeis at sea, and t!ie general conclusions at which he
arrived, as set forth on p. 'Jo of his Report, show that the number 14,4!73, at which
Mr. Sherman places the deaths from this cause, must be subject to very large
deductions.
it may be tlie ease, as stated, tliat it was as easy in 1880 to procure 100,000 skins
on land of the same ((uality as those taken during the season of 189G, as it was to
obtain tlie eatcli of last year, viz,, ;Ui,000, but it must not be forgotten that in 1890 not
even .')<i.(Ki0 skin> could be obtained. The question of the comparative ease or ditficulty
with wbieli a staled catch was obtained in two years so far apart as ISSO and 1S9G
would, even if the same individuals were employed on each occasion, be an uncertain
foundation on which 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
liringing 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 mnnv as
in 18'.»G. or GOO, 001) ia the former year, and l')0,000 in the latter, while in 1890 tlieie
were *J80.00(t. the liguies completely negative the conclusion that the pelagic sealing ban
been the cause of the deciine, for in the eleven year.i, 1880 to 1890, while the herd was
reduced, according to Dr. Jordan's estimate, by .'520,000 breeding femaltfs, only :.'4(),<)()2
seals were killed at sea. "bile in the period 1891 to the end of the spring season of 1890
the pelagic catch reached a total of 1;G9,388, and during this period the deciea.se in the
luuiiber of breeding cows was only 130,UU0.
A herd of G0n,()O(i breeding cows should mean, according to Dr. Jordan's eslimat
10]
s o.siiniut
ail annual addition ot 100,000 brcodinp cows to the rookeries, jet in tlio eleven years,
18S0 to 1800, wliiie tlie poIai;ic eateli only averaged some 22,000 a-.vear, there was not
only 110 addition to the rookeries, Imt an avorajje annual decrease of' some .V!0,000. If
this enormous loss was entirely due to pelaijjic sealing, is l>r. Jordan maintains, it
would have doubled when )K'ln,!;ic scaling- doubled, and tlie herd oujjfiil to have ceased
to exist some years ago. Yet during the years which followed with a herd supposed to
range from :.'8(),000 to 150,000, ami with an annual addition > cows to the rookeries
which should, if Dr. Jordan is correct, have been from 48,000 to 25,000, the pelagic
catch has averaged about .00,000 a-year. vet the loss to the rookeries has beenonlv some
25,000.
These statistics of Dr. Jordan's, as set forth in his Report, prove cKarly tliat the
loss to the herd in the jicriod during wbicli pelagic sealing has been a large factor in
the influences atlecting it, has been insiiiiiiUcanl compared witii the destruction which
M enl on prior to 1S90 on tlie islands, and tint the eifect on tlio herd of tiiat mode of
sealing is mucii less serious than that of killing on land restricted to males only.
The frequent recurreni'c, moreover, of seas(ms characterized like that of last year
by weather during wliicii sealing operations at sea are interrupted affords a natural
protection to the licrd from exhaustion by pelagic sealing. The difTercnce between the
spring catch on the north-west coast in 1RJ*5 and 1800 furrishcs an excellent illustration,
iifty-two vessels in the former year securing only 8,!^ »:] skins, while forty-one vessels in
1800 secured 11,780 skin». The falling-olf in the Bchring Sea catch last season, which
Air. Shinnan 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 tiie interruptions due to
bad weatiier ; and as the great fivll in the price of skins has led to a smaller nunilier of
vessels fitting out for the fishery this year, their contention that there is no immediate
danger to tl'.e heril, so iar at any rate as pelagic sealing is concerned, appears to be fully
justified. But if the proceedings which led to the wholesale redaction of the seals
between 1880 and 1800 are resumed, and all the best young male life is destroyed, tliere
can be no question that the herd will at an early date cease to be of commercial
importance.
In Mr. Sherman's note the killing of 30.000 males last year is justilied on the
ground that " it was plain upon scientific investigation that the dangerous mortality
among female seals brought about l>y pelagic sealing had left the number of bulls greatly
in excess of the due proportion between the sexes," and that "to properly care for the
licrd it became necessary to remove as far as possible this menacing 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 excels, the killing was confined to males who would not become
"bulls "able to take a jilace on the rookeries for another ihrce years, during which
period, so far as the killing of 1 80(5 is concerned, the alleged excess of bulls on the
rookeries will continue.
Mr. Sherman, in the conversation reported in your Excellency'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.
Tiiey have, theri-forc, reason to be more anxious for the establishment of proper
llegulations than tiie United States, but the examination of the Reports of last year's
investigations, while it has shown that there is no indisputable evidence that the herd
has quite recently been decreasing, and that there is no ground, tiierefore, for immediate
alarm, has also .shown that all previous statements as to the numbers of the herd have
been conjectural, and that there is consecpiently no means available for testing the
elliciency of the existing Regulations, or for showing the direction which any amendment
of them should take.
To enable a thoroughly satisfactory revision to be made accurate statistics should
be available, extending over a sutlicient period to eliminate accidental circumstances
atfectin" the herd during the greater part of its life, which is spent where observation is
impossible.
Until such information is available il would, in the opinion of Her Majesty's
Government, be premature in enter upon the proposed conference to discuss measures
based on conjectures admitted to be of doubtful value, and the interests ot this country
in the question arc too serious to warrant Her .Majesty's Government in imperilling
them by the adoption of any hasty ilecision.
102
Your Excellency will read this despatch to Mr. Sherman, and leave a copy of it
with him should he desire it.
I nm, &c.
(Signed) SALISBURY.
No. 91.
Sir ./. Pauncefote to the Marquess of Salisbury. — {Received May 10.)
My Lord, Washington, April 29, 1897.
I HAVE the honour to acknowledge the receipt of your Lordship's telecrrains
of yesterday's date on the subject of the visit of British .Agents to tlie Pribylofl' Islands;
and to inclose herewith cop\ ot a note whicli I have tiiis day addressed to the United
States Secretary of State, informing him of tlic proposed itinerary of Professor Thompson,
and asking that facilities should likewise be accorded to Mr. Macoun.
I have, &o.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 91.
Sir J. Pauncefote to Mr. Sherman.
Sir, Washington, April 29. 1897.
1 HAVFI the honour to inform you that 1 communicated to my Government the
contents of your note of the l(5th instant, stating that orders would be issued to the
authorities on the PribylotF Islands to extend to Professor Thompson the same facilities
as were granted to him during his visit last year.
1 am now informed by Lord Salisbury that it is proposed that Mr. iVIacoun, who
accompanied Professor Thompson last year, should again act under his directions and
with his assistance. I venture, therefore, to ask you to he good enough to extend to
Mr. Macoun the same facilities as have kindly been accorded to Professor Thompson, in
order tiiat Mr. Macoun may be enabled tti commence his investigations prior to
Professor Thompson's arrival on the i8lan<ls.
Lord Salisbury further informs me that Professor Thompson proposes to visit the
Russian islands first. He hopes to reach Y^^kohoma on or about the ,^()th proximo, and
to proceed 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
.ntelligence, 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
Mfgesty's ships.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
i" u
No. 92.
Sir J. Pauncefote to the Marquess of Salisbury. — (Received May 13.)
My Lord, Washington, May 3, 1897.
WITH reference to your Lordship's telegram of the 'J^tli ultimo respecting
the facilities desired for Mr. Macoun on his visit lo the Pribyloft Islands, 1 have the
honour to transmit herewitli copy of u note which I have received from the United States'
Secretary of State, informing me that instructions will at oaoe be issued to extend to
108
Mr. Maeoun the same tacilities as wlt. granted to him during his visit last year, on tlie
uiiderstaiuimg that the object ot his visit is to act under the direction of Professor
Tlioiiipsoii and as his assistant.
Mr. Sliurnmn also offers to Mr. .Maiouii a p^sage on board one of the United States'
revenue-vessels sailing to those islands, and states that, it is improbable that Dr. Jordan
will be able to avail himself of the offer made by Her Majesty's (joverninent for a passage
for him from Yokohama to the Russian islands on board a British ship. This otiier was
conveyed to uie in your Lordsliip's tclt^ruai ot the 2(itli ultimo.
I have had the honour to report the substance of the above to your Lordship by
telegram this day.
1 have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 92.
Mr. Shermun to Sir J. Pauncefole.
Ilxcellency. Department of State, fVasMngton, May 1, 1897.
1 HAVE the honour to acknowledge tiie 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 iiis visit is to act under the direction of Professor
Thompson and as his assistant.
It will further be the pleasure of this Groverninent to aflbrd Mr- Maeoun passage on
any of the revenue-vessels making voyages to tliose islands, should their movements suit
his convenience.
Note is taken of the Irioiully offc>r of Her Majesty's Government to provide a passage
for Dr. Jordan from Yokoliama to tiic Russian islands in a British ship, and Dr. Jordan
will be so advised; but it is prohabh." that it will not ho possible at this date to avail of
the offer.
1 have, &c.
(Sigmd) JOHN SHERMAN.
:.. .; ,.
No. 93.
Sir J. Pauncefote to the Marquess of Salisbury. — (Received May 13.)
My Lord, Washington, May 4, 1897.
I HAVE the honour to acknowledge the receipt of your Lordship's despatch
of the 2:^nd ultimo, containing the reply of Her Majesty's Government to the proposals
put forward by the United States' Government respecting the fur-seal fistiery, 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
witli iii'ii, in compliance with your Lordship's instructions.
I also delivered to him the copies of Protessor Thompson's Report. ,, .^
] have, &c.
(Signed) JULIAN PAUNCEFOTE.
104
' ' '•■ No. 94. ' ■
Mr. S/ierninn to Mr. Hrnj. — (Communicated by Mr. Hay, May 2'2.)
Sir, Department of State, Washington, May 10, 1897.
TifK British Ambassador callod upon mo on tlui 8i(l instant and lianded me a
copy of a d»>spatcli to In'm from Her Majesty's I'rineipal Secretary of State for Forcigu
Atfairs, lK'arini» date tlie 21st ultimo. Tiiis dosj)ateh constitutes tlie reply of tiie
Urilisli (TOvernme?it to the ju'oposals of the President, as presented in tlie note of your
Euiliassy of (lie 10th ultimo, i'o- a morfi(.v r/rrnr// for tlie suspension of all killing' of
seals for the present season, and for a joint Conference of the Powers concerned AvitU
a view to the necessary measures heiiig adopted for the preservation of tho fur-seal in
the North Paeiiie. Tt will he seen that hoth jiroposals are rejected.
I need hardly say that the President is greatly disa])i)oiiitod at this action, espe-
cially when it is based upon such unsubstantial and inadequate reasons. The
President's concern, in view of the depleted ('onditiou of the seal herd, was occasioned
not alone from an examination of Dr. Jordan's Report of 180G and what he had reascji
to suppose were the conclusions of Professor Thompson, but it was l)ased upon a series
of observations and statistics covering a much longer period than that treated by those
gentlemen, establishing a state of facts beyond refutation, and which is in part set
forth in my note to the Ih-itish Ambassador of the sanu^ date as my cablegram to you. ■
It is therefore quite surprising that Her Majesty's Secretary should base his rejection
of the proposals of this Government, so impressively presented, upon the Ilepoi-t of
one scientist whose facts and conclusions are incorrectly apprehended and the delayed
Re])ort of another, which is for the first time made public concurrently with the receipt
of his Lordship's note.
It would have been gratifying to me and useful to my Government, in studying
the im])ortant subject under consideration, if Professor Thompson's Eeport could have
been made imblic with the promptness which marked the appearance of that of
Dr. .fordan. In that case there would have been ample time for both Governments to
have examined the Reports of these two eminent scientists before the opening of
anotlier sealing season. But it seems to have better suited the purposes of Her
Majesty's (Jovernment to withhold Professor Thompson's Beport vmtil an opportunity
was a Horded to examine that of Dr. Jordan, and thus enable the former to pass the
latter in review, criticize its statements, and as far as ])()ssi!)le minimize its conclusions.
It is not pleasant to have to state that tlu> impartial chafacter which it has been the
custom to attribute to the rejiorts of naturalists of high standing has been greatly
impai]-(>d l)y the apparent subjection of this Report to tlie ])olitical exigencies of the
situation. It is further to be regretted that the Rei)oi't was so long delayed that no
opportunity was afforded this Government to examine it before the definite and final
rejection of the President's proposals, based mainly upon its conclusions, was commu-
nicated to me. This conduct recalls the incident which preceded the Arbitration at
Paris, and Avhich came near rendering that Arbitmtion abortive, when a similar Iteport
of a British Commission was withheld until after the Case of each Government was
exchanged and the Report of the American Commission made public.
liord Salisbury asserts that Dr. .lordan's Report does not contain any facts
warranting the statement that there is a " depleted condition and pros2)ective early
extinction of the luird." The note of your Embassy of tlu; 10th ultimo does not attri-
bute such a statement to Dr. Jordan, but it is difiicult to undei'stand how any one can
read his Iteport Avithout reaching the conclusifm that such is the real condition of the
herd. On p. 1^ he says: "From this time (1886) on the decbne has been moi*e
rapid and has Iteen continuous." On p. 21 he clearly recognizes diminution, as
evidenced by pliotographs, as also by decrease of liarems. On p. G6 he uses this
expression : " As the herd is steadily diminishing the spring or north-west catch is
becoming relatively unimportant." Other citations might he made, but it would seem
unnecessary in view f his declarations, often repeated in his Report, respecting
pelagic sealing, from which 1 give only one extract (p. 29) : " Pelagic sealing, in tho
judgment of the members of the ])resent Commission, has been the sole cause of the
continued decline of the fur-sea' luirds. It is at |)resent the sole obstacle to their
restoration, and the sole limit cf their indefinite iucrcise. It is therefore evident
that no settlement of the fur-seal question as regards either the American or Russian
islands can be permanent unless it shall provide for the cessation of the indisciiminate
killing of fur-seals, both on the sealing grounds and on their migrations. There can
bc> no ' open season ' for the killing of females if the herd is to be kept intact."
lOi
, 1897.
led me a
r Forcigu
y of tlie
i* of your
killing' of
■nod Avitli
Lirscal iu
ion, cspe-
118. The
iccasioned
ad reascu
tn a scries
I by those
I part set
II to you.-
rejection
Report of
le delayed
he receipt
studying
ouhl have
)f tliat of
iinicnts to
pciiinp: of
cs of Her
)portunity
pass the
iiichisions.
hecMi the
■n greatly
ies of the
d that no
and final
is coiiimu-
itration at
ar licport
mcnt was
any facts
ive early
not attri-
iiy one can
on of the
iccu more
lution, as
uses this
t catch is
ould seem
respecting
ig, iu the
ise of the
e to their
re evident
r llussian
Bciiminate
There can
I'rofossor Thom])s()u's Repcrt is [ilainly written with a view to miuiniizo as far
as possible tlie dcpletod condition of the licrd on the l*rihylo(T Islands, and requires a
critical examination not possible within tlie limits of tlie i)n's(Mit Inslvuction, hut its
general ])Mrport may be briolly stated. It is to be regretted that he should liiive con-
tracted his stiiijy far witliiu tlie piu-view of his instructions. In (iu! outset of his
Keport he says : "Tlie main object of my mission Mas tiie collection of information
and statistics with regard to the worlcing and elVectiveness uf the Ilegiilations " of the
I'aris TribMual. Hut Ave look in vain in his Report for any discussion of that alU
im])ortaut subject, lie conlined bis incpiiry and I'eport to tlw subordinate subject of
the number of seals resorting to the islands, and ]iarticularly to the relative numbers
in IS'.'.') and 1S!)(5. The result of bis observations and incpiiry seenuvl to be that on
sjmc riiokcries tb(>re was an inereas(> and on others a decrease, but (ui the whole a
])ossible state of e(|iiilibriuni for the past two years, although he ci)nc(>(les a diminution
as conijiaied with 1KJ)2. If all the Professor claims is admitt(>d, it does not militate
against the contention that since jielagie .sealing became general the decline of the
herd has been steady and rapid. The apparent equilibrium noted in his I?eport is
well explained by I)r. Jordan when he s;iys (p. IS): "There is evidence that the
vindiis rireiiili of 181)2-5)3, by which Ik'hring Scni was closed to the sealing ileet, has
])ro(luced for ISO.') and 1890 a slight check of tlie diminution. The reason for this is
that, iu addition to the saving of mothers, no pups were starved to (l(>atb in lSi)2 and
ls!);{, and those which might have been starved have r(>turned as breeders or as killable
seals in IS').") juul 1890." Since the receipt of Lord Salisbury's despatch explicit
inquiry has beiMi made of Dr. .Ionian as to the i(>lative condition of the herd in 189.')
and 189(> and in ])revious years, and he has furnished the chapter on the " Decline of
the Herd "' froiu the torthcoming I'Miial Report of himself and associates, from which
the following extract is taken : "While the amount of tlu' decline cannot be stated
Avitli matliematical exactness, it is possible from the data at baud to make an approxi-
mate estimate. From a careful study of all the conditions, in our opinion the fur-seal
herd of the I'ribylolf Islands has decreased to about one-liftb its size in 1S72-7 t ; to
scmewhat less than one-half its size in 1890, and that between the seasons of 189.') and
IS'.X". there has been a decrease of about 10 per cent."
Although I'rofessor Thompson has been very careful throughout tb{> Report to
.say nothing likely to embarrass his Cov(>rnment. in the " conelusions " the voice of the
true scicMitifie investigator speaks in lirni and certain tones. While Ik; regards "the
alarming statem(>nts of the herd's inimen.se (hrrease " as overdrawn, l;e
says " tliere is still abundant need for care and for ju'udent measures of cons(>rvation
in the interest of all It is not diilicult to believe that tin- margin of safety
is a narrow one, if it b(> not already in some measure overstepped. AVe may hope for
ji [XTpetuation of the present numbers, we cannot count upon an increase. And it is
my earnest hope that a recognition of mutual interests and a regard for llie common
adviintaii'e may suggest measures of ])rudence which shall keep the pursuit and slaughter
of the aniuKil within due and definite bonnds." In view of such explicit language it
is not e;isy to undei'staud bow Lord Salislmry can reconcile his refusal to entertain
the proposals of the I'resident with the interests of his own countrymen, to sny
notliini<' of the friendly relations which ho desires to maintain Mifli *he United States,
Russia, and .laiian.
The experience had with the sci.entitic Commissions of 1892, as well as the Reports
of is'.IO just under review, shows that it is difTicult through them to reach a harmony
of views; imt we have at hand certain statistics of undisputed authority poieling
unmistakably to conclusions which should be contiolling.
The operations of the jiclagic licet in Behring Sea since the I'aris Ilegulatlons
have been in force are as follows : —
189 1 — ;57 vessels, 01,585 seals taken, or an average of 853 per vessel.
1895 — 59 vessels, 1 t.KJ!) seals taken, or an average of 748 per vessel.
1S'.)0— 07 vessels, 2'.),500 seals taken, or an average of 410 per vessel.
It thus appears that nearly double the number of vessels in 1890 were not able
to take as many seals as were taktm in 1891, and the catch ])(>r vessel fell off nearly
one-half. L(ml Salisbury attributes this large faliing-ofr in Rchring Sea " to the stormy
weather prevailing," but does not cite his authority. I am not awaie of any ])ublisbed
report to that ellcct. ('aptain Hooper, who commanded the American cruising fleet
in Behring Sea in 1895 and 1890, reports; " Tlic weather in Bebring Sea was not
materially diflerent in the past two years. Conditions admitted of boarding operations
by the fleet twenty-five days in 1895 and twenty-four days in 1890." An examination
and comparison of the logs of sealing-vessels for 1895 and 1890 confirm Captaiu
lG3Si r
1
i i
if
106
I
■IS, ^^
(ml
-.i .
.^-r.
Hooper's report. Tho al)ove fignros, with tlio statistics contained in my note of the
9th ultimo to tlie British Ambassador, make it very clear that tlie seal herd is l)econiini»
vapidly depleted, and that " tlie mari^in ot safety," as Professor 'riiompaon expresses
it, has been "already overstei)ped." Jt is to 1)(> inferred that " tlio mari,'in of safety"
is intended to signify the point at which pelagic sealing ceases to he- prolUahle. He
cannot have had in mind I)iologicaI extermination, for tliat point could not have heen
reached so long as a single hull and harem twisted. The ])oint when sealing (teased
to he proiitahle seems to have heen reached during last year. A Tahlo appei\ded to
his Eeport sliows that the total product of the i)elagi(! catch of 18!Ki in the liondon
market was about half the amount of that of 18{)5, and Lord Salisbury informs us that
this result has " brought nuuiy owners of the sealing-vessels to the verge of bank-
ruptcy." It thus appears that the condion of things predicted by the Government of
th(^ United States, as quoted below, has already come to iiass— the commercial (exter-
mination ot 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
cruise, of recouping the losses of the previous y(\ar, and the rookeries on the islands
will be still further depleted. But the biological existence of the fur-seal may still
be continued, and Her Majesty's Ambassador may I'opeat tho declaration, so often
made 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 improtitablo to recall the action of the two
Governments respecting the eiforts made to revise the Regulations adopted at Paris.
The expressed object of the Paris Arbitration was " the preservation of the fur-seals,"
and the Kegulations adopted by the Tribunal were framed with a view to " the proper
protection and preservation of the fur-seal resorting to Hehring Sea." On
the L'.'h'd January, 1895, Secretary Grcsham addressed a not(> to the British Ambas-
sador, stating that the iirst 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 destructi(m which they were designed to i)revent," and he asked that a
Commission of scientists and experts be a])pointed by the Gov(>raments of the United
States, Great Britain, Russia, and Japan to report upon the proper measures to hi
adopted, and i)ending the deliberations of the Governments a modus vivendi be agreed
upon suspending sealing in Behring Sea. Nearly four months elapsed without an
answer from tlie British Government, when, on the 14th (? 1 0th) May, 1 805, 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 Avitbin a very few years." On the 27th May the British
answer was received, in Avhich it was complacently stated '* that the condition of
aftairs 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 tho two nations have solemnly bound
themselves to abide."
Secretary Olney, 21th June, 1895, by direction of the President, renewed
the jjroposition in diifereut terms, but the British Government repeated its declination
to make " any extension of the Regulations solemnly laid down by an International
Board of Arbitration."
After a second year's experience; of the Regulations, Secretary Olney,
11th Alarch, 189(5, called the attention of the British Ambassador to the catch of 1S95
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 lierd be saved
from total extinction." On the 27th April Sir Julian Pauncefote replied that Her
Majesty's Government 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
imposition of increased restrictions."
This correspondence is recalled to show that, from the fu'st 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 Government 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 protect the seals, and has rested its
I'cfusal upon " the Arbitral Award by which the two nations have solemnly bound
themselves to abide."
In view of this attitude of the British Government, I deem it opportune to make
107
to of the
)OP()inin£»
i^xprt'ssos
siifetv "
1)1.'. Jle
iiivo been
MMxlcil to
i Lonilon
IS us that
ol' bank-
luncnt of
iiil oxter-
l nunilHT
(ivouifiblo
10 islands
may still
SI) often
seal herd
f the two
1 at Paris,
ur-seals,"
he proper
lea." On
h Anibas-
, that the
seal herd
wl that a
le United
ires to \y-
DC agreed
ithout an
cond note
itinjj: that
inated for
le British
idition of
eve," and
call for a
V bound
renev/ed
pclination
r national
Olney,
h of 1S95
that the
le cominif
be saved
that Her
" so large
mraediate
Ilegula-
has been
hey Avere
rtures for
msideringf
rested its
ily bound
to make
an examination (even at the risk of beini; somewhat tedious) into the manner in which
it has responded to the action of the I'aris Tribunal, and to what extent and in wliat
spirit it has observed the decision and recommendations of that Tribunal.
A perusal of the Protocols of that Tribunal will show that the pre|)aralion of the
Hegulations was intrusted to tin; three Arbitrators nominated by the neudal (iovern-
menls, aiul when their unanimous l{e])ort was presented it was |)rovideil in Article II
that the Eegulations siiould be applied to all the waters of the i'.ieilie Ocean aiui
Behring Sea north of the yijtli degree of north latitude, thereby including all the
waters cast of Japanese and Bussian territory. Lord Jlanncn, the British Arbitrator,
objected to this provision, and moved an amendment limiting the area to all that part
of tile ocean and sea east of the ISOth meridian. Baron Courcel, I'resident of the
Tribunal, stated on behalf of the neutral Arbitrators that, in framing Article II, "they
had acted out of regard for llussia and Jajian, Towers not represented before the
">' )unal of Arbitration, and towards the waters of whom it appeared iu)t tMpiitable to
drive back the English and American pidagic sealers during the wholi- lime of the
close season." But he ae.piiesccd in Lord Ilannen's amendment, and it was adopted.
(I'rotoeol JjIV.) It is ])lain from the jirocecdings that the Tribunal regarded the
extension of the Regulations to the Asiatic waters as a matter of justice to llussia and
Japan, and they would have been so exteuded if those Powers bad been parties to the
Arbitration.
"When, in accordance with Article VII of tlie Treaty of 18!)2, the Russian and
Japanese Governments were approached with a view to securing their adhesion to the
Regulations, they both replied they could only do so on their extension to the Asiatic
waters. Secretary Gresham reports that as early as Octolier, 1S93, 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 projiriety (jf a Treaty between the four Powers " for the preservation, for their
common benefit, of the fur -seals between the two contiucuts and north of the
35th degree of north latitude."
Mr. Bayard Avas instructed, 27th October and 20th November, 1893, to seek
to bring about such an arrangement or Treaty ; 23rd January, 1891, 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
19tli August a general negative reply was made to Mr. Olney's note.
Under date of the 2nu April, 189(i, Secretary Olney informed Mr. Bayard that
the Russian Governin(>nt was about to initiate negotiations at London for the extension
of the Paris Regulations over the Asiatic waters, and at the request of tiie (rovern-
ment ^Ir. Bayard was instructed to co-operate in such negotiati.ms. ^[r. Bayard at
once put himself in communication with the Russian Ambassador, but on the
lltli 5lay he was informed by Lord Salisbury that ller ^Majesty's Governuuuit had
decided to dispatch a naturalist to the Russian seal islands, and that, pending the
receipt of his Report, his Government would not enter upon negotiations. The
British naturalist returned to London in October, 1890, 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 I now reply rejects the proposition of the President for a similar
Conference or negotiation. The ell'cct of Lord Ilannen's amendment of Article II of
the Regulations has been to bring about the i?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
1)6 prevented by negotiations between the interested Governmcuts. Such negotiations
Great Britain has steadily omitted and declined to enter upon.
Again, the Arbitrators ai)pendcd to their decision or Award a series of declarations,
not binding upon the contracting Governments, but which were recommended for ■ * ",i •
adoption. The Amerii;au Arbitrators at once accepted the declarations, but l.c/id
Hannen hesitated to accept the second paragraph, which is as follows : —
" In view of the critical condition to which it appears certain that the race of fui'-
seals is now reduced in consequence of eircurastaiiccs not fully known, the Arbitrators
think lit to recommend botii Governments to come to an iinderstanding in order to
prohibit any killing of I'ur-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 might be recurred to at occasional intervals if found beneiicial."
[638] P 2
\4
i\
■■(
«
; •■!
■ 1
11!
108
Tionl llnnnon doclarod tlint, "nltlimijjli approving tin* spirit in which it ahosccdiid
pariiifnipii) is conrcivod, niul although regarding as vory dcsirahlo that tlif (Icstriictiou
ol' till' I'lir-scals niiglit 1h' nitircly snspcinh'd during a certain period of time, co as to
enable natinr to retrieve tin; losses uliich this race of aninials has nudergone, he does
not feel authorized by the terms of his mandate* to express an opinion on tiie suhjeet;"
and the Canadian Arbitrator concurred with his Uritish colleague. (Protocol lilV).
Iniinediately after the receipt of the ollicial copy of llic Award and decluratiniis,
the 12th Septemher, lHi»H, Si'crclary (Jreshani calded instructions to Mr. Mayard to
ask the concurrence of (ireat Mritain in the enforcement of the second (leclaration.
.Mr. Hayard reported, the lUth September, that he iiai'i made known his instruetiinis
to the Hritish (iovernmeiit. \o answer having be<>n received on this jioiiit, Secretary
(iresliani repeated the olTer to Sir.lulian rauncefote, the 21th January, Is'.tt. 1 do
not lind that response to this proposition was ever made. The wisdom of the rccom
mendation is abundantly proved by the experience of tiic past liiree years, and it
strongly supports the repeated applications wiiich have been nnuh- by the (icivernnu-nt
of tlie United States for a modus suspending all killing of the seals until a Conference
could l)c had to readjust the I'aris Kegulations.
The indilVerence with which the llritish (Jovernment treated the rcjieated appeals
of this (iovernmeiit for prompt action towards the adoption of measin-cs to enforco the
Jfegulatitms "solemnly laid down by an International Hoard of Arbitration," illustrates
the measure of respect entertained for that august Tribiuial. On the I2tli September,
1M>3. within a niontli after the. \ ward had be«'n rendered. Secretary (Jreshani instructed
^^r. h.iyard by cabh- (cited above) to inform the Hritish (iovernmeiit of the desire of
the (iovernmeiit of the United States to take up without delay the i ubjeet of the
enforcement of the Kegulations, so as to make them ell'ective before the next sealing
sea>i(m. This notice was given to the Mritish Foreign Ollicc on the llJth September,
more than three months before the opening of the scaling season. No progress having
luMMi made, the 17th November, Secretary (iresham cabled Mr. Hayard that the
I'lcsident was anxious that an agreement on this subject siiould sjiecdily be reached.
vMi th(! 1th December. t>ecretary Gresham consenteil, at the desire of the lU'itish
("iovcrnment, that the negotiations might be transferred to Washington, but he gave
notice to Lord Rosebery that "the rapidly shortening interval before the next season
will commence admonishes both Ciovernineiits to expedite the iicgotiationsi." On the
24th January, IS'.M, the Secretary addressed an urgent note to tiie British Aiiibas>iador,
complaining that nothing had yet been accomplished, and the lime lost had brought
tliem"to the opening of another sealing season without any delinite steps having
been taken for the (,'xecutioii of the I'aris Award." Amoiith later, the 22n(l rebriiary,
the Secretary cabled Mr. Mayard that, in answer to his re[)eate(l impiiiies, the Hritisli
Ambassador informed him he was still without instructions, and he was directed to
say " this long delay is (litlicult to understand, and it is the President's desire that you
represent the matter impressively to Her Maje-ty's (jovernment. (Jn the ITtli March
Secretary (Jresham sent another urgent cablegram to .Mr. Mayard, complaining of still
further delay, for which " this (ioveriiment is not responsible," and which was
tlireat(>ning to '•become cmbari'assing for both (loverninents." The negotiations were
not entered upon until six months after they wen; invited by the United States'; the
Mritish Act (the 2.'5rd April. l^Ut) to enforce the Kegulations was not passed until
four months .after the sealing season had opened, and the iimil Older in Coimeil (the
•27tli Jiuie, 18!)l) on the subject was not issued until six months after the sealiiig tlect
bad put to sea in disregard of the Award of the Trilninal.
Tiie manner in which th(> liiitish (Jovernment has discharged its police duties
under the Award is in marked contrast with its ajipeal for a strict observance of the
live years' period of the llegiilations. An eqrtai obligaticni rests upon each (ioveriiment
to patrol the waters embraced in the Award area, in order to see that the llegiilations
are not violated by the sealing-vcsscls. In 18J)I, the (Jovernment of the United States-
furnidied twelve vessels fen* the jiatndiing fleet at great expense, and only one vessel
was furnished by the Mritish Government. fii Iht).'), five United States' vessels
patrolled the Award area and only two Uritish vessels, one for a short time only in
Hehring 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 llehring Sea. Owing to the repeated complaints of the Government of the
United States as to the inadequacy of the British patrol, an additional cruiser Mas
ordered into Behring Sea during tlie season of 18J)('>, although it was stated by the
British Government that, "so far as they iiave been able to judge, the force employed
up 10 l.'ic present time has been sufficient." As it is shown tliat practically no patrol
m
sorviop Iwul liorn rendered in Hehrini;' Sen liy tlie Uritixli cruisers diirini» llie previoim
year, tlie inl'erenec^ I'roin tliis Iiun,'nni,'e would seem to l)e tliiit Her .Mnjestv's (i()r»>rii»
ment luiderstood that tlie Atneriean eniisers only were to perl'irtu tlie |i:!tri>l iluty.aiid
tlu* Mritisli <■ ser to take over and act u|)o;i tlie validity of seizure ul' hritisli
vessels.
'I'lie de, ..ed enl'oteeiiieiit of tlie I'eyiihitioiis lias I'lirtlier developed on tlie part
of the Urifisli (iovernineni a straiiire niiseoii -eption of t!ie true spirit and intent of
tlie Arbitrators. I'lider Aitiele (1 of the lieiiulatioiis the use of llre-jinns in Heiirinj;
Sea was prohihited. and to eiiforee lli;it prohihitioii it was iiL;ived hetweeii the two
<:overnnieiits for the year I MM that seaiiiiLf-vesM-ls nii^'lit have their amis and
aininiinition placed under seal. Kiit on the I Itli May, ]S!),*i, altlioui;li this (iovern-
ipent had every reasmi to believe Ui in the Order in Conncil that the Mritisli (iovern-
iiicnt. had i;iven its cinieuirence to the ariaiiv;enieiit. the Uritish Auihassador irave
notice that his (lovernineiit would not renew ill.* arraiii^ejiient as to the sciliiiLr of
arms for the coniini; season, aed defended its action on the !j;round tli;it tlio
possession of arms, Scv , hy a sealinix-vessel was "not forbidden by the Award
iN'iyuiations."
This tardy action of the Mritisli (Jovernnient in refiisinsf to renew the arrani;enient
of is<)|. led to miicli trouble and ineonvenience in conncL'tion with the patnd of
Melirin;,' Sea. The Mritisli (iovernmeiit made !,'rievous compl" nt against the severe
measures of scireli resorted to by tlie Ameri<'an cruisers, wiiith vjave rise to a leiintliy
correspondence. On the 2nd •Inly, ISiMi, Secretary Oliiey submitted a jiropositioii to
put an end to the controversy by !in examination of vessels entcM'iii^' Meliriii!; Sea, ;ind
an inspection by a Kepresentative of the I'liited States at Mritisli Coliinibiaii port>; of
all skins taken in Mehriui,' Scji, to discover whether or not fire-arms were used ; but
this jiroposit ion was not accepted. A further attemjit was made by Secretary Oiney
to procure some a!;reemcnt for the season of 1S!)7, wlu'ii it was urj^ed that .American
vessels fr('(|ueiitini; Mehrinj» Sea were reipiired to lijive their arms sealed, and on
returnini,' to their home ports their skins were earerully inspected, while llcr AFajesty's
(lovcrninent refuses to enforce the jirovision as to arms, and declines the inspection of
skins -measures which this (Jovermnent reijjards as " alisolutely essential lor preventiufj
the unlawful destniction of the seals." Nevertheless, another season has been entered
upon without any settlement of this vexed ipu'stioii.
In this connection, I roenll tin serious delect, pointed out i:i the correspondence,
in the Mritisli Act for the (Miforcenient of the lieiiulatioiis. \h) li-r the Mritisli Act
passeii to carry out the iiioiIks lirnidi of ISDl, whereby all ixiUini;' of seals was-
rohibited in Meliriiii;' Sea, it w;is provided that the presumption of i?uilt would lie
aiiist the vessel " having' on board lisliiiiLj or sliootinu; imphMiients or seal skins." A
,,i(ivision of a kindred nature was insi>rte(l in the Mritisli Act for the enl'oiciMiient of
the 1 J iissian nifK/».v of IS'.Kl. The Act of Coiii^ress of I Sid to enforce the llei^ulations
of the Maris Aw; rd contained a siniilar i)r(>\ ision : but the Mritisli act of is'.ll foi- the
same purpose contained no provision whatever as to presumptive iiiiilt respectiuij the
possession of tire-arms or skins at forbiddr'ii times or in forbidden waters. And to
em|>liasize its purpose in the miitter, when the Mritisli Act to enforce the Kussiau
a<,'rcement was re-enacted in ls!>,', the provisions of the Act of ls<)."» as to presiimji'iv:.^
illegality was omitted. This action of the Mritisli (iovernment was made tli(> snojoct
of an earnest protest on the part of my jiredecessor, but to no purpose. The practical
oil'ect is to make it inijiossible in many cases to convict jiritish sealinii-vcssels,
althouiib there may be tlu' stroiiijcst presumptive (>vi(ience of u'uilt, evidence which,
under the Act of Congress, would in most cases [irocurc the conviction of ;in American
sealing-vessel.
1 sliall only cite one further instance of the failure and refusal of the Mritisli
Government to give full efl'ecttothe Maris Hegulatioiis. .\rficle -'» proviiled that the
vessels engaged in senlin<; should enter daily in their oflicial log-liooks the nuir.'- "■ and
sex of the seals taken and that these entries should h(^ communicated bv each
Government to the other at the end of each season. This Megulation was prescribed
in order to procure reliable statistics as to the proportion of female seals killed, but it
Mas found to be unsatisfactory and imperfect in its practical operation. The catch
of American vessels was .subjected to an ollicial inspection at the home ])ort, and it was
found that they rejiorted a much greater projiortion of females seals taken than the
Dritisli sealers. Although in many instances the Mritisli sealers were close to the
Americim sealers, yet the American sealers reported from two to live times as ninny
females us males, a result entirely at variance with the Jiritish returns. This state of
facts let the Acting Secretary of State, the lOth ^Fay, 18!)r», to request of the Mritish
110
Oovcrmnonf, Uioir consent (o the stationiiii? ol" United States inspectors at Hrifish
<.\>lunil)i;in pin-ts for the purpose of vcrilyini^ the hii; entries ol" Uritisli scaliii!^-
vossels, with (he oiler ol' ;v reeipnK'al pri\ileu;e in Anu'rican j)orls to Mritish inspectors.
No nnsw'T havinij; heen received, on tlie l.'ttli Sept»'nil)er, and ai;ain on the
JlSfh Sepieniher, the rcipiest made in the previous May was renewed. On llie
2Jitii of SepleniluT* the Hritish Ainhassa(h)r replied that tlu) recpiesl ior inspectors
was not aeceptahle to lli-r Majesty's (lovcrnnionl, " on the ground that (he matter is
already provided lor I>y the Award ISciiulations, the sealers iirini; Itouiul themsidves to
keep a record ol' sex."
The measure was rci;arded hy this (JovernnuMit as so important that im th(>
l.")th MeciMnher. l^^'.Xi, Secretar^ Ohicy recalled it to the altciiiion of the Ihitish
And)ass:id(ir, in connection witli the sealini; of arms. The answer of the Hritish
(ioverniMcnt to *his seeond ai)pIicatio'i was that "the cun\pulsory examination hy
cxpci'ls of skins on landimj: al Hritish ports would rctpiire lei^islation in ('.■inada," and
liiat the \iew% of tin t'anadian (iovcrnmcnl wonli' have to he ase<'rtained. In
answer to the iuipiiry of Secretary Olney on the 2;ird January, lSi»7. as t<i when the
Canadian < iovcrnmcnl was likely to take action, the Amhassador replied on thi!
I'lth .March that Her Majesty's (Jiv-rmncnl wen; " still in correspomlence with the
(.'anadian (lovcrnmcnt " and that a tuithci communication would he nuuh' as soon as
possilde. No further comnmiucation has heen maiie.
i re^'ret that this statement has heconu> so Ici ijthy, hut in view of the fact that
the Mritisli (ioveiiinuMit. wIkmi pressed for :i remedy to wcll-cstahlisiied defects in the
lici^idations or the Acts and llules aijreed upon for their enforcement, Mas appealed to
*• the Vrhitral .\ward which the twt> nations havt> solemnly hound tlicUiSelvt^s to ahidc."
T liave felt thi> present occasion opj)orti'.ni to make a review of the ci'cnts whiidi h.ave
transpired since that Award was rendered, a-id to challeui;c ;i ccniparison of the
conduct of Ihi> tw(> (Joveninients with rcirard to the linal action of the rnternational
Trilmnal of Arhitration. In no respect has the United S' .tes (iov H'nmenl failed to
observe the exact terms of the Award or to ai'ccpt '"ts recoimnemla'.ions in their true
spirit and full efl'ect. even though they have entailed heavy expense and vauscd i^rcat
dainai::e to li .ij^-estahlished interests of this nation.
On 'lie other hanil. I think I have shown th . 'he British Oovernni'iit has from
the bcL'innini!: and continuously failed to respect t!ie real intent and spirit of the
Trihur.al or the ohliijations imposed hy it. This is shown ')y tho refusal to extcml the
Uesj^ulations ti .he Asiatic waters; ny the failiu'c to 'tut in operation the recommenda-
tions for a suspension of the killinir of the seals f( r t!ircc, for two, or even for one
year; hy tln' neij^lect to put th'^ Kcijulations in forct^ until long after tl;e first sealini;
liuil heen eiitcicd on ; by the ali>iost total evasi-ci of the jtatrol duty ; by the opposi-
tion to suitable measures for the enforcement of the ])rohilMtion ay:ainst lire-amis; by
the omission to enact Iciiislation ncc»'ss)irv to seeur.' conviiition of the "jruiltv ; and bv
till! refusal to allow or provid«> fo: an iuspe* tion of skins in (he interest of an lioncst
observance of the llcijidaticMjs.
The oblis^ations of an intcru.ational Award, which are e(piall\ imposeil on both
parties to its terms, cm not properly be ;isi!;;iied or laid aside by one of (In parties
only at its pleasure. *<ueh an Award whieli in its practical o|terati(ni is bimlin^; only
on one party in its obligations and burdens, and Ui be enjoyed maiidy by tlu; other
jmrty in its bcnelits, is an Award Avhich, in the inti-rcst of public morality and good
conscience, should not be maii\tained. Having in view the expressed object of the
Arbitration at I'aris and the dcidarcd purpose of the Arbitrators in prescribing the
Kegulations, when it became api>arent, as it did after the tirst year's o|)crat ion of (licia
and with increasi>d emphasis each succeeding year, that the llcgulat ions were inade-
«[uatc for the purpose, it was the plain duty of the tb-itish (iovcrnment to ac(piicsce
in the reipiest of that of the Initcd States for a t'onference to (h'ti'rmine what further
measures were necessary to secure the iMul bad in view by the Arbitration.
A eoui-se so persistently fidlowcd lor the past three years has pr.ictically
accoui|)lished the eon\mercial externnnation of the rur-,-.c,!ls and brought to nought the
])aticnt labours and well-meant conclusions of tic Tribunal of Arbitration. I'pon
<ircat Miitaie :iiu>-t therefore rest, in the public conscieiu'c of mankind, the responsi-
bility I'lrihi' endiarras^incnt in the relations of the two nations which must n'siill
fi'om sneli conduct. One of the evil results is alri-ady indicated in the growing
conviction of ou'" pc)|)lc that the refusal of the Hritish (lovenimcnt to carry out t lie
ivcoinmendations oi' that 'I'ribuiial will needlessly saerilice an important interest of the
United States. This is sliov/n by the iiroposition seriously made in Congress to
• Sm No. 38
Ill
nI>aiuloti not^otiations and destroy the sop.Is on llic islands, as tlio H|)(!0(ly cntl fo a
dan!j:»'roMS controversy, altliou<;li siu-li a measure has not been enterlaiiied liy tliis
Department. We liavc J'elt assured that as it lias heeii demonstrated that (lie practici!
to pehi!;ie sealinj?, if continued, «vill not only l)riii!^ itself to an end, hut will \v<irk tiio
destruction of a s^reat interest of a friendly niitioii. Her Majesty's (Jovernmeiil viould
desist from an act so suicidal and so uiinciL^hboui'ly, and whi(;h ccrtaiidy could not
couunand the approval of its c.vn peo|)le.
'I'Ik? l.'resid(>nt therefor , cherishes the hope that, even at this late day, the Uritish
(i )v<«rnnient may yet yiel.i to his continued desire, so ol ten expressed, lor a (-'oiiferenee
of the interestetl I'owcrs , ami i'l deliveriiii; to Lord Salisbury acopy of this instruction,
you will state to him that the I'residt.ut will hail with threat sjitisfaetion any indication
on th<^ part of llt.'r Majesty's government of a disposition to ai^rcc u[ion such a
t'onforeiicc.
Respectfully yours,
(Si-ned) JOHN SllEllMAN.
No. 1)5.
Tlip Mnrquess of Snlisburi/ lo Sir ./. I'auncefote,
Sir, hhrriijn O/ficr, Mnii 27, 1W!)7.
T IIAVK to recpK'st yon <o inl'orm the rnited Statt>s' (iovernment that the sloop
" Wild Swan," ('(mimandcir Napier, an<l tl;e i;riin-boat " Pheasant," Commander
fJarforth, will be eni])loyed in Jk'hrinij S-a on pii;.:»l duties this season on behalf of
licr Majesty's (iovcrnm(>nt.
I am, itc.
(Si£,'ned) SALISBUHT.
No. 96.
Sir J. Pmtncefoie to the Mnniupss of Salisbniy. — (Rfiftived May 29.)
My Lord, Waithinytnu , May \°,, 1807.
I IIAVK the honour to acknowleiii.i the recipt of your Lordship's d''spatch
oi the 7tb instant on the sidiject of the fur-seid fishery, and to re|)i;!t tliat I read the
d'.'spatcli to the United States' Secretary of State this day, and left a copy of it witii him,
in iiccordance with his desire.
I liave, &e.
(Signed) .JULIAN PAUNCEFOTE.
No. 07.
Sir J. Puuncefote to the Mari/ueifi of Haliitburij. — {Received May 29.)
.My Lord, Washinr'on, May 18, 1807.
I ILW'ii tlie honour to inform your Lordship that I have t' is (.ay addiessed a ncf
to the United States' Government in the s^ense of your Lorti-ship's desjjatch of tiu-
<t instant res(>eitinjj; the scaling-uj* of arms and the insjiection of skins landed at Victoria
Iron IJritisii sealing-vesseis.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
f\
a^.\
lis
No. 98.
Sir ./. Punncpfole to thr Mar(jiip-is of IStilinliuri/. — [Rere'ued June '10.)
Mv hord, \Yii.ihin(jton, June 5, 18!)7.
Wrril reference to my telcsfrains of the I4tli \\n\\ and tlic 8r(l ultimo
respectively, reportinir that facilitie-; would i)c sranted to the British scientists on their
visit to Hehrinij Sea, I have the honour to report that I am in receipt of u note from the
Ignited States' Secretary of State, dated the ^rd instant, informin:; me that a letter Whs,
on the 1st instant, addressed hy the Treasury l)ep:irlment to Mr. Joseph Murray, th"
Special Airent in ciiarije of the seal islands in Alaska, informin'.; him that Professor
Tho'iipson and Mr. Maeoun, reim-sentini; Iler Majesty's (Jovernmtnt, intend to visit the
islands dnrinji the cominir summer tu renew the investigations of seal lile commenced hy
them last year, and directim; him upon their iirnvai to extend to them every courtesy
within iiis power, and to place v.ithin tiieir reach every possihie facility for the prosecution
of their work of investij^ation.
1 have hroutjht the above intbrniation to the knowledj;c of the (Jovernor-Gencial of
Canada.
I have, &c.
• (Signed) .lUrJAN P.AUNCEFOTE.
No. 1)J).
^'^w-
Sir J. Paimcpjole to the Marquess of Salisbury. — {liereivrd .June '21.)
My Lord. • IVashlnt/ton, .lune !>, 1897.
I II.W'K the honour to n port that, upon receipt of your Lordship's desjmtch
of the 1st ultimo, I addressed a note to the liiitcd ."states' ."secretary of State iti the sense
of ycnir Lordsliip's instructions as to the seaii:i!;-up of arms and the inspection of skins
laiided at Vicloiia from British sealin;:-vesseU engaged in the Behrin;; Sea (copv
inclosed).
I have now received a reply from Mr. Sherman, dated the Vth instant (copy
inclosed), tojxether with the IJulcs and Hcuulatinns prescribed for the tishery season
18!>7, under .Net of t'uniircss of the (ith April. IMM. As \our Lordshij) will ohserve,
Mr. Sherman, instead of acceptin;; the proposal of Iler Majesty's (Jovernment, staff's that
the " I nited Stales' Goveriunent onsents that" tliese Rules anil Uci;u!ations for the
government of United States' vessels employed in lur->eal fishing in 1S>>7 " hall be
exterided for the remainder of the preser.t season to British scaling-vcssels," and that he
is prepared, with my assent, to uuike the necessary changes therein to adapt them to
Britisii vrsscls.
In aekuowleduing the receijit of this note, I statu) that I would fo.-ward it to your
Lordship !i r the consideration of lli-r ."^lajesty's tH)v(rinnent, hut I thought it right to
poiiit out that the Kcgulati'^^ns which govern British vessels in the prosecution of the fur-
seal tisiierv can onlv l;e pri'scrihid hy British law, and that any extension or alteration
of them wouiil re(piire the sanction of a further order of Ik • .Maj"S(,y in Council. 1 also
pressed him to inlorm me whether t!ie proposal ol Her Majesty's (iovernment as to a
renewal of Uie arrangement ot 18!(4 respecting the se.ding-up of arms, which rccpiires no
further L-gislilioii, is acceptabl-j to his Ciovernment.
I luive, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 1 in No. 'J9.
S/V ./. Pttuiuffote to Mr. Sherman.
^\f H'ashinijton, May 18, 1897.
I HAD the hoi our of informing you verbally on the .".'rd iiiAtunt, under telegraphic
instiut lions liom Her .Mnjesly's Principal Secretary i f State, that Her Majesty's (.iovern-
ment are prepared to agree to the renewal of tite arraiiifcrnent made in 1894 for the
sealin-.-uii liv a duly authorized oHicer, on the ap|ilicutiun of the maste.", of the arms on
, 1S!)7.
I ultimo
on tlieir
from the
2U0V Wf.S,
rray, th"
I'lofessnr
visit the
leiuoil by
: i'ourti'sy
•DseculKm
[ieucial of
iFOTK.
0, 1897.
s (lfS|)utcU
the sense
II) of skins
Sen {co\^\^
ant (copy
icry season
ill observe,
stil^.•s tiiat
)ns for the
•' ball be
1(1 that he
it them to
113
board a vessel proceeding to the fishery in Behring Sea or returning to port durini;
the close season, but that the Canadian Government found themselves unable to concur
in the suiif^estion that the skins landed from the British sealing fleet should be examined
at the port of destination by American experts. The proposals of the United States'
Government in reirard to both these points were contained in your predecessor's note to
me of the 15th December, 180G.
I um now in recei|)t of a despatch fron; the Marquess of Salisbury statint; the grounds
on whicii this decision was arrived at. As regards th<' proposed inspection of skins the
Canadian Government arc convinced that, even were it possible to esfablish that any
punctures which might be found in the seal-skins weic the result of giiu-sliot wounds,
and that they could he r.-adily distinguished from those made by spears, it would still bo
impossible to prove that the animal from which the pelt was taken had been killed by
means of tire-arms.
It 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 v.eiglit can be attached to any
argument derived from these wounds as to the manner whereby the ultimate capture of
the seal wiis eiVicted. There is no means of proving; tliat these shot-wounds were nt)t
received duriuL; the migration of tin- seals outside ncliiinj; Sea, where the use of fire-aru!-
is not prohibited, or that they may not have been inriiefed by tiic crew of a vessel other
than the one by which the seal was eventually secured !)y the spear. Moreover, sealers
knowing that an examination such as that suggt.-ted awaited them at their destination
could rea<lily add a spear-wound to the skin bad the seal been shot, tiius 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 you arc 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 tliat the vessel had no fire-arms whatever on hoard.
The Can .liian Government are further of opi'iion that an examination of the salted
skins when landed at the home ports wculd prove of little use in establishing the sex of
the seals killed. They state that when the United States' Treasury Circular, which is
referred to in Mr. Olney's note, first came into their possession, the matter was exhaus-
tively considered, and the conclusion .cached that the tests therein indicated were wholly
ineffective for determining the questi.)n of sex.
I haye, &c.
(Signed) JULIAN PAUNCEFOTE.
[ncloBure 2 in No. 99.
It to your
it right to
of the fur-
alteration
il. I also
nt as to a
•eipures no
iFOTE.
18, 1897.
telegraphic
y's liovcrn-
194 for the
the arms on
Mr, Sherman to Sir J. Pauncefote.
E'^ccllency, Department of State, WashnK/ton. .lunr 7, 1897.
I HAVE the honour to acknowledge the receipt of your note of the I -ih ultimo,
stating that the British Government was prei)arrd to a;;ree to a renewal of the rrani<e-
ment made in 1894 for the sealing-up by a duly authorized oflicer on the iipplieation of
the master of the arms on board the British sealing-vessels engaged in killing seals in
Bchriii" Sea during the present season, or upon such vessels when proceeding to port
during the closed season.
in reply, I desire to say that the Government of the United States consents that tin
provisions of the Rules and Regulations prescribed by the President under the Act of
Congress, approved the f'th April, 1R91, for the Government (if 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 suj;;.^est that Her Majesty's (ioverumeiit be asked to recpiire of said vessels
the infornuUion under oath called lor by Form Catalogue No. 'JOl, copies of which I take
pleasure in inclosing.
In case you are authorized to accept the terms of the R<'gulations of 181)7, copy of
which 1 also inclose, 1 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.
[638] Q
114
x\skiii>; ilial till' iniitlci' ihiiy di' irivcMi iinmcdiiitc iitteiitioii, ainl that I lu- ailvised
»)l tlu' conclusicM) u'ai'iifd. m) iliut no iiiiiu'Ct'ssary delay shall arisu iu arriviui^ at an under-
standing ahkc desirable to both (iovernnicnts, I liavt- &u.
(Signed) JOHN SHKRMAN.
Inclosuro 3 in No. 99.
FoTm Catalogue No. 204 for Report of Catch of Fur-xxals.
IncloBure 4 in No. 99.
Regulations governing VeKsels employed in Fur-seal Fishing and Sea-otter Hunting
during the Season of 1897.
si''
t ■*
L-r*L
J'
« • H
J!
Rules and Regulations prescribed under the Provisions of the Act of Congress, approved
April 6, 1891, for the Government of United States' Vessels employed in Fur-seal
Fishing during the Setisnu of' 1897.
ARTICLE 1. Every vessel enijjloyed in fur-seal iisluni» shall have, in addition to
the papers now re(|uired hy law, a special liccnec I'or I'lir-seal li>^hini;'.
Art. 2. Hei'ore the issnanee of tlic special licence required hy the tth Article of
the Award of the Trihunil of .\rliitratioii, the master of any sailinfj-vessel proposing?
to eiipai^e in the fur-seal fishery shall produce satisfactory evi'.enee to the oHieer to
whom application is made, tliat the hunters employed hy him are eompeteut to use
witli sntlieient skill the weapons by means of whicii this tishini? may be carried on.
Art. 3. Kvery sealinu'-vessel provided witli special licence shall show under her
rational ensii;n a Has; not less than -t feet square, composed of two pieces, yellow and
l)lack, joined from the riijht hand ui)[)er corner of the Hy to the left hand lower corner
of the luff, the part above and to the left to b(> black, and the ])art to the right and
below to be yellow, i^etweeii the hours of sunset and sunrise all sealing-^ ssels shall
exhibit two vertical lights, natural colour, w!i(>n' they can best be seen, not les.s than
10 feet above the deck, and to be visible in clear w eatlier at least 1 mile.
Art. t. In order to ]>rotect from unnecessary interference sealing-vessels found
within the area of the Award durini; the closed season (that is to .say between 30th
April and 1st ,Vnu:ust), but which have not yet \ iolated the law, any sealing-vessel
intending to traverse the area of the Award ilurinj; said closed season, on her way to
her home or other port, or to or from the sealing grounds, or for any other legitimate
purpose, may. on the apjilication of the master, have her sealinu' out lit, including guns
and ammunition, secured under seal, and an entry thereof Tiiade on her log-hook.
Such sealing-up and (Mitry shali be a protection to tlw vessel against seizure during the
closed season by any cruiser, so long as tlie seals so allixetl shall remain imbroken,
unless there shall be evidence of violation of th(> Articles of the Award and said Act
of Congress of the (ith April, ls91, notwithstandimr.
Art. '}. Such sealing-up and entry may be cll'ectcd in port or at sea by any naval,
Consular, or Customs ollicer of the United States, and at sea also by the Coumiander
of a British cruiser. An officer will be stationeil at the Island of .Vttu for this purpose
from the 1st .July to the i'.".th Aui,'ust.
The oflicer elVecting the sealing-u'> sliall maki entry the vessi'l's lo'^'-book
certifying the fact and slating in detail the auml)er and kind of guns ai\d other .sealing
implements, the amount and kind of ammunition, and the number and sex of the seals
and seal-skins on board.
Art. (). All .sailing-vessels hound to l?ehring Sea for th(> fur-seal fisheries shall,
before engai^ini; in fur-st>al fishing within the Award area in .said sea. re|)ort to the
officer of the llevenue-cutter Service .stationed at .Vttu l.sland, or to the Deputy
Collector of Customs at I'nalaska.
'I'he said olHcers shall respectively secure undei' seal the guns and ammimition on
Jjoard all vessels thus reporting, which ha\i' m t .already been so secun il umler the
provisions of Article 4 of these Rules and iicguhitions, and shall in eith«'r event make
the entry thereof on the log-hook of said ve,s.sel, stating in detail the number and kind
115
of puns and otlicr scviliiiir implements, the amount and kind of ammunition, and the
numherand sex of tlie se;ils and si-nl-skiiis dn Ixianl. Sueli seulini,'-ui) siiall all'ord the
sanu' protection as is provided under said Article 4. In lieu of said sealinp-up the
master of any vessel so reporting!; niav deliver all uinis and ainmnnitiun on board to
the Customs or Kevenue otlieers, respectively, in eliartic of said islands, said guns and
amnninition to be iield ai the sole risk of said master until called for at the end of the
sealini; sea^on.
Art. 7. Any sailinu'-vessei of the United States may obtain special licence for fur-
8t?al Hshinn- u[)<)n appiiealion lo tin; Cliief Olllcer of the Customs in any ])ort of the
United States or 'o the I'nited Slates' Consular otlieer of any port in Japan, and
conij)lyini;' with the rpiiuirements of these Keii:ulatious.
Art. S. The u\astcrs of all vessels wliieii have been eni;ai;ed in the fur-seal
fisheries, whether within or with'.jat the Award area, whether licensed or unlicensed,
shall make entry of their catch at the custom-house at the return ])ort, and at the
time of entry shall ille witli the Collector, July verilied by oath, the ollicial loir-book,
or a copy thereof, recpiired to be ke|)t by section -f. Act of (5th April, 181)1, and in
addition thereto must furnish uniler oath, the information rocjuired by the form,
catalojjue 204, which form shall lie duly lilhjd 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. 0. The foregoing Regulations are intended to apj)lv only to the season of
1897.
Approved :
(Signed) GROVER CLEVELAND.
fiiclosure h in No. 99.
S'/r ,/. P'linicrtote to Mr. Shernnni.
Sir, ll'iishiiiyton, June 9, 1897.
I H.W'l'] the lionour to acknowledge the receipt of your note of the 7th instant
in reply to mine of the 18tb ultimo, in which I intornied you that Her Majesty's
(icvonmunt were prepared to aureo to a renewal for the season 1897 of the arrange-
r.uiit nia.ie in i ■".•I reialiiig to the >eaiuig-up of arms, iSce., with a view to the protection
from unncecs>ary interfcrv iiee of sealing-vessels proceeding to the tishery in Behring
Si::, or reiurninn to port during the close season.
You now inform nie that the I'nited States' Ooveinnient consent to extend to
Britisii vcs>cU the Kegnlatioiis pnsciiheil hy ihe I'resuient under an Act of C ngress
for United States' vessels ilurinu the tishery season 18'.'7 (a copy of which you inclose),
and you inquire whether I am aulluui/ed to accept tiie terms of those Kegulations, 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 1 have no authority to agree to the applica-
tion of those Regulations to 'iritish sealing-vessels. The latter are governed hy
Regulations of a similar character, prescribed under powers deiived from a British Act
of Parliament, and any exti-nsion or alteration of them imposing any new restrictions or
obligations would require the sanction of u further British Order in Council.
The arrangement of 189-J. as to the sealiiig-up of arms being of an entirely
voluntary character required no legislation, ami it can be renewed for the present
season merely by illstruetiol>.^ to the naval or other othcials eluiiged to carry it out. I
shoulil he 'uucli ohiiged if mhi would he good enough to inform me whether the
proposal on the suhject conveyed to you in my note of the 18th ultimo is agreeable to
your Government.
In the meanwhile, I shall not uiil to transmit your note, now under reply, to the
Maniuess of Salisbury, for ihe eon.-iueratiun of Her Majesty's Goverumeut.
[ have, &c.
(Signed) JULIAN PAUNCEFUTE.
[babj
Q8
iin
No. 100.
Sir J. Paunri't'otr to llip Mm-quess of Salisbury, — (Received July I.)
My Lord, Washiiujlon, June 20, 1897.
IN my (lespateli of the Utli instant I transmitted to your Lordship copies of
recent corrospontlcnce oxclianned between the United States' Department of State
and Her Majesty's l']mi)assy respcctinjy tiie proposal of Her Ma,jesty's (Jovernment to
renew for the fur-seal fishery season, 1897, tlie Agreement of 1891' as to the sealin(;-up
of arms.
In reply to my note of tlie 9tli instant (hn-losure 5 in my despatch of that date)
Mr. Sherman addressed me ri note, dated the 18th instant, copy of whicii I inclose
herewith.
As your Lordslii]) will ohsiTve, Mr. Sherman omits to reply in this note to the
inquiry whether the ])roposal for the renewal of the Ajj;rcement of 1891. is ayjreealde
to the United States' (lovcrnment, and makes a counter-proposal in the foUowiiin-
terms : —
" The Unitcil States* Government is willinij to give to Britisli vessels the benetit of
Articles 4, 5. and (i of the Peu'ulations controllinj; American scalinji-vessels for the season
of 1897, and it will accordingly so instruct its naval officers, .sliuuld your (Jovernment"
(Her Alajesly's ( iovornment') '• intimate its desire to this effect, at the same time informing;
said officers that the fact of sealing up ( .nins shall afford to British vessels tiie same
protection and immunity against seizure . 'er search as is now afforded American
vessels."
I liavc tin-; day replied to Mr. Siierman, stating tiiat I am not authorized to deal
witii 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 PAUNCEFOTIC.
m.
ki
fr'*
Inclosure 1 in No. 100.
Mr. Sbcriiifin to Sir J. Panncefote.
E.xcellency, Depurlmeiit of Slate, Washington, June 18, 1897.
I HAVE the honour to acknowledge the receipt of your note of the 0th instant in
repl\ to mine of tlie Ttli, in wiiicli you state that Jiritish seaiing-vessels are now subject
to IJegulationsproscriiied under Acts of Parliament, and that any extensions or alterati(ms
imposing any now rotrictions WKuld reijuire a furliier Order in Council to hear any force
or validity. You further stale that the Kegulations prescril)ed for .American seaiing-
vessels for the season l^s97 go beyond the scope of the .so-called .\rrangemeut of 1894,
anil, therefore, in the alijcnce of a new Order in Council, you are not empowered to agree
upon sail! Kegulalious. You coiu-lude by stating that the Arrangement of 1891 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.
1 have the honour to reply that I am well informed that the Regidations for 1897
now applicable to American seaiing-vessels contain much that is beyond the scope of the
Agreement of 1891, which was merely of a temporary and provisional nature, the same
being prepared hastily during the early part of May 1894 after the sealing 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 a.ssume that your Government would
not he willing to enact a proper Order in Council to bring about this result.
The provisions of the Arrangement of lH9l,as 1 have stated, were merely of a
temporary or provisional nature. Experience has shown the necessity of further and
more stringent Regulation- properly to carry out the true intent and purpose of the Paris
Award. I'or example, there were no provisions in the Arrangement of isy4 as to lights
on sealing-vc.-seis at night, nor as to the storing of arms, nor as to tlie sworn Returns
retpiired of Ameriivin ve.-scls. nor was there anything contained in said Arrangement as to
the inspection of seal-skins landeil in ports of the United States or Great Britain. Tlie
latter safegnavd— the inspection of skins by pelagic inspectors^the United States regards
of the utmost im|)ortaiice.
Even with all these precautions, however, American seaiing-vessels undergo rigid
search when met at sea by .American cruisers. If, un examination, all fire-arms found on
of
incliise
117
board are sealed, this fact constitutes evidence tiiat they have not been used since the
scaling-up for illegal purposes, and may save the vessel from seizure in those cases where
skins are found on board with some evidence uf Imvinfr been shot.
It is not unnatural that both (iovernniciits should desire that the inevitablo annoyance
cauRcd by tiie searching of v, sols sliould lio rciluced to a inininiuin.
]My predecessor, on the 2iid July, ISlMi, made certain suggestions which would
certainly have reduced to a minimum this annoyance, at least as regards vessels clearing
dliecl from Victoria for Bcdiring Sea. His su/jgcstions were : I'irst, that all Mritish
sealing-vessels before entering Behring Sen should be searched at Unalaska by United
States' revenue oliicers, and the fact tiiat tliey liave on board no lirenrnis should be
duly certified to; secondly, Ihtit all skiiis landed by said vessels should be examined by
expert inspectors at the home port, to discover whether any Iiul been shot. Tiie reply
oi your (Jovernnient, eoninmnicated i)y Lord (lOugh, on the lilst September, IS'JO, was
substantially to the eileet that unless said preliminary search and certificate shoidil
ab.solutely exempt Ihitish vessels from further search by American cruisers, the proposi-
tion could not I)e entertained. Your (Jovernment al.so declined to authorize the
cxannnation of skins landed in British ports by pelagic inspectors on the ground, among
others, as .stated in your note dated tiie 18th May, that such examination was not of
pritctical value.
Although the British (Jovernment may n( t consider such an inspection ol" value, it
is to be regretted that it could not have consented to .such an inspection in vi(!u- of the
fact that the United States' (Jovernment, advi,sed by eminent experts, deemed it of great
value, and waswilling to make certain arrangements, based in part upon sucli examination,
which would, as stated above, reduce to a nnninmm the inevitable annoyance resulting
from a search by our cruising vessels.
I regret that the views of the right (d' search expressed by my predecessor in his note
to you of the 15th iJecendjcr, 18!)(3, 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-vcssels from most rigid search whenever
fallen in with by an American cruiser, nor should any different result follow in the case of
a British sealing- vessel.
In view of the fact, however, that said sealing-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 Bchring 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 t,
5, and G of the Kegulations controlling American sealing-vessels for the season of i8!)7,
and it will accordingly so instruct its naval officers, should your Government intiniaic its
desire to this effect; at tiie same time informing .said officers that the fact of sealing-up fire-
arms shall afl'ord to Jiritish 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.
I have, &c.
(Signed) JOHN SHERMAN.
Inclosurc 2 in No. 100.
Sir J. Pauiicefoli' to Mr. Slfrman.
Sir, ]Vn«hinglon, Jane 20, 17.
1 HAVK the lumouf to acknowleilgc the receipt of your note of the IHtli
instant, in answer to mine of tiie '.)th, in which I had the honour to iiu|uire whellur
the proposal of Her Majesty's tioveriunent to renew for the fur-seal lishery sea.soii,
1897, the .Agreement ol lSJ)i as to the sealin^-up of arms is agreeable to your
(jovernment.
In reply to that imiiiiry, you state llial \oiir (Jovernment "is willing to give to
British vessels the beneHl of Articles t, r>, and (» of the Regulations controlling
American sealing-vcssels for the .season of 18!)7."
I would beg leave to point out that the above leply hardly answers the inij dry
of my Government. The Arraiigcmeiil of 18'.)l was a reciprocal one for the
\\\\*
118
i'l ,,:■
mutual benefit uf the aeHling-veHiielh of both nutiuns. Its cliHContinuance, at the
desire ol' llu' (aiiadiun sealers, has betii dt-precatofl tver since l)y your Goveninunt,
al whose inslaiice, lliertlorc, it i>iav !)•' saiil, it is now [iroposed to rt'innv it.
The pri'citic t«Miiis m ihe Arrangement were settled by the then Seer^tary of the
Treasury (the Honourable J. Carlisle) and myself, and arc to be loiind recorded in
my note t«> the late Mr. Secretary (iresham of the 10th May, 1891.
If your Government should be disposed (o lenew tliat Arrangement, a* |>r;»|)08ed
by my Go\ernment, for the season 1S*.)7, there will be no ditficuliy in extending its
benetits reciprocally to the sealing-vessels of both nations. Uul ymir counter-
proposal •' to extend to British vessels the benefit of Articles 4, 5, and (i of the
Regulations controlling American sealing-vessels for the season Ib^l " is not one
which I am authorized to deal with otherwise than by transmitting it to luy Govern-
ment by the earliest opportunity.
I have, &c.
(Signed) JULIAN PAUJSCEFOTE.
No. lOi.
Mr. Tomer to the Marquess of Halisbury. — {Received July JO.)
My Lord, Manchester, Massachusetts, June 30, 18!)7.
WITH reference to Sir Julian Pauncefote's despatches of \\w 9th and 20th
instant respectively on the subject of the sealing-up of arms in Behring Sea, I
have the hono r to transmit herewith copy of a note whidi 1 have received from
the Acting Secretary of State, repeatijig the assertion contained in Mr. Sherman's note
of the 18th instant (inclosed in Sir J. Pauncefote's despatch of the 20th instant), that
tlie arrangements of 1894 were of a temporary and provisiouai nature, and stating
that, on that account, they are considered by him inadequate to pro|)eily carry out
the intent and purpose of the Paris Award, lie states, therefore, that tne proposal of
Her Majesty's Government for a rem*wal of the said arrangements is not aece])tablo
to the United States' Government.
Mr. Day (concludes his note by expressing the hope that an early ami favourable
decision may be returned by Her Majesty's Government as to th(> otler to <;ive to
British sealers the benefit of Articles t, 5, and of the Regulations governing
vessels employed in the fur-seal tishing during the season of 1897 (lueiosure No. ."-5 in
Sir J. Pauncefote's despatch of the 9th instant), on account of tlie limited time in
which to issue instructions Uy cru'ry out tiiose Regulations.
I have informed the Department 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.
I have, Amj.
(Signed)
REGINALD TOWER.
IncloKure in No. 101.
4
Mr. Day to Mr. Tower.
Sir, Depart II, ent of iSlate, Hasltiiiijton, June 'lb, lb97. \
I HAVE the honour to acknowledge the receipt of the note of the British
Ambassador of the 20th instant, in answer to the Deparluunit's letter of the I8th
relative to st-aling Regulations for JJritisii vessels lu Uehriug Sou. Sir J. Pauucelote
states that the otfer of the (Jovernment, of the L'uitod Stales to give to Brilisu vessels
the benefit of Articles I, !"), and <J of the Regulations coutroliiug Amencuu seiiliug-
vesscls for the season of 1897 does not answer the iuquiry of his Guveruuieul aa to
whether or not this '^lovernment will aecoj)t the arrangement of IbUJ. for llie coming
season of 1897.
I have to say, in reply, as stated iu the Department's note of the Ibth iustant,
that the provisions of the arrangements of lb91i wore uecessurily of a temporary and
provisional natuie, and are deemed by me inadequate to properly carry out the lutout
and purpose of the Paris Award. I regiet, therefore, to have to state the proposition
to agree to a renewal of said arraugemeuts in not acceptable to thib Guvurnuieut.
119
:e, at the
vcrnnniit,
ary of the
.'cordeci in
I |>r.)|)08('(l
cndiiif^ iti<
r c'Duntor-
;l (i of the
is not one
IV Govern-
EFOTE.
30, 18!)7.
and 20th
'ing Sea, I
cived from
•man's note
stant), that
md stating
y- carry out
proposal of
acceptable
favourable
to icive to
governing
re No. .S in
ed time in
at i liave
)orted the
X3WER.
8, lb'J7. ,
Lhu liritisli
1 the i8th
.'auucelote
lisu vossuIh
ill seuliug-
uiuul as to
lie coming
th iiistaut,
porary and
tlic iulcul
ji'opobitiuu
wut.
Trusting that the deeision of flie British Government as to the offer to give to
Britisli sealers the benelit of Articles l, 5, and of the llegulations of 1807 will
receive earlv and favourable consideration, liecause of the limited time in which to
issue instructions to carry oi* . said Regulations.
I have, &c.
(Signed) WILLIAM R. DAY.
No. 102.
Mr. Tower to the Marquess of Salittburtf. — {Received July 15.)
My Lord, Manchester, Massachusetts. July 5, 181)7.
I HAV'K the honour to report that, upon receipt of your Lordship's Oespatch
of the 'J7t}: May last, Sir Julian Fauntefole addressed u note to tlie United States'
Sc'creiury ot State, dated the 13ch ultiuio, iuforinin^ hiiu ot the names of the twu vessels
whici) will be employed in Behring Sea on patrol duties this season on behalf ot Her
Majesty's Government.
1 Imvf now received a note from Mr. Sherman in reply, copy of which I inclose,
expressiiiir ilie " deep re^;ret of the President at the obvious inadequacy ot the proposed
titet," and stating that tlie President hopes that Her Majesty's Governmeat will augment
rather tiian red'ice tlie fleet of tliree vessels employed last year.
Mr. Sherman asks fur an early reply to his note, intimating that the designation of
only two vessulb hy Her Majestv's Cioveriimont miuiit be interpreted by the sealers as
evidence of an abandonment of the patrol, which would render it necjssary for hmi to
detail a much larger lleet of United States' vessels for the present season.
1 have conveyed the substance of Mr. Slierman's note to your Lordsh'.p by telegraph
this dav.
i have, &c.
(Signed)
REGINALD TOWER.
Inclosure in No. 102.
Mr. Shermaii to Mr. Tower.
Sir, Department of State, Washington, July 2, 1897.
FURTHKK icterring to Sir J. Pauneefote's note ot the K^th June last*, in which the
information is contained that the sloop " Wild Swan" and the gun-boat '" Pheasant" will
be employed in U(!hnnsr Sea on patrol duties tliis st asoii, I am constrained to express the
diep rci{ri t of the President at the obvious inadeqiiaoy ot the proposed lleet.
Five vessels have been designated by tlie President toi this purpose, and in view of the
area to be patrolled anil ot the number ol soaling-vessels which have already engaged in
and are preparing to tit out tor sealing opf^rat'ons this season, ti.e President ho()es that
Her Maji'sty's Government will decide for the present season to add to the tleet of three
vessels employed last season rather than to reduce its numbers. The Presideixt believes it to
be im|)ossiiile properly to execute the laws enacted to enforce the Paris Award unless a
larger fleet be designated by Her Majestv's Government.
An early reply to this note will be appreciated, as the President tears that the
dcsiitnatian of two vessels oidy by Her Majesty's (ioverninent would be accepted by the
sealers as evidence of an abandonment of the patrol which would rendc it necessary for
hnn 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 uiy
instruction to Mr. Hay, dated the 10th May, 1807, as to the inade(|uacy of the British
patrolling fleet during the past three years in which the Pans Award ha< beea in
op'^ration.
I have, &o.
(Signed) JOHN SEEERMAN.
* HM(No.^i)5.
II
120
No. loa.
Thr Mnriiiii's.i nf Sallshuri/ to Mr. Adtnn.
(Tclcijniphic.) Forrinn Offirr, Jnhi 21. 1807, 2W imi.
nKIIKINd Si'ii patrol.
With rofiTCiico to your «li'S|mt«'li of tlic fitli July, yon slionid inform United
States' (lovcrnment tliiit a third vessel, ller Mnjrstv's Hhip " Amphion," will he xent.
No. 101. .
Mr. Adam to the M(niiiien.s «/" Sallnhurii. — {lierrivrd JuUj 'J 1.)
My Lord, Manrhvxtvr, Massnrhii.ietts, Jiihj 10, 1SU7.
'vVITII referenee to Sir .Iidinn I'luwiectote's drspntcli of the .'ith nitimo, reportini;
that lacilitiis wt)tdd he i:rntite(l to Profe.ssor 'riioinp-^nii and Mr. Maconn on their
visit to Uelnin};" Sea. I have the honour to report that I yotenlay ri-eeivcd a despateh
lioni the (lOvernor-lJeneral ol" I'anaila. evpii'ssive of the appreciation hy t'le Dominion
(Jovernnunt ot'the aetion taken hy the lli\iti<i States' (iovernimnt.
I addressed a note yesterday to the United ."^f.iteN' Secretary of State, copy of
whieh 1 also inclose, eonveyini; at tlie same time the thanks of the Dominion (lovern-
inent lor the otl'tr made to transport Mr. Macmni In the I'riliyiidl' Isl.iiids on hoard a
United Slates' icvenne-vessei, an otl'er of whicli Mr. M.ieoini will not i)i' aitle to avail
hiniselt'.
I have, \e.
(Sii-ned) (\ V. I'KKDKKK^K AD.AM.
Inclosme in .^m). II>I.
Mr. .Uhiiii to Mr. Shmiuni.
Sir, Manchester, M(iii.iarhu.irlls, Jnli/ lo, IH'.IT.
W i'l'll relerence to yonr note of the 1st .Miiv last to Sir Jnlian I'auneefote, I Inive
the honour to int'orm vtin that 1 iiave this day iceeived a despateh from tlu' Marl of
Aberdeen, cxpressini; the hiuh appreei.ifion hy the (lovernaient of ('anada of the prompt
aetion taken hy that of ihe United States to atlord lacilities to Mr. Maeonn in his mission
to investigate seal life on the Prihylotf Islands.
His Kxeelleney, at the same time, desires me to eonvey to tiie United States' Govern-
ment the thanks of that of the Dominion for the eourteons oiler made to transport
Mr. Maeoun to the islands in cpiestion on hoard a United States' revenue-vessel.
Mr. Maeonn has t'otnid himself nnahle to avail himself ol tiiis otter, as tlie arrangements
for his voyauie had already heen eoneludtd liefoi-' its receipt.
I have, &e.
(Sii-ned) V. I'. I'KKDKlllCK ADAM.
No. lo.'.
ColoiiinI Office to Forrli/ii Office. — (Hercived Jiihj 'Jfi.)
Sir. Doirnliuj Street, Juhj L'O. 1S!)7.
I AM directed in Mr. Secietar, Clia;ni)erlaia to acquaint you, for tlie information of
I he Marquess of Salishurv. that he has had unilcr his eoiisideration the despatch from
Mr. Secretary Sherman to Mr. Ilay respei-tin:; the seal lishery.*
.\fter an cNiircssiuii of disappointment and surprise at Her Majesty's Goverinnenl
hnvinu; rejectcil tlu- proposals made hy the (iovcnuneiit of the United Siatis, Mr. Sherman
proceeds to comment on the delay wliieh ociurrid in the puhlicalion of Professor D'Arey
Thompson's Report. lie sa_\s ^paraiiiapii .") : —
" It would have been {;ratit'ving to me am! u>elnl to my (Government, in studying
tiie important subject nadir consideration, if Professor 'Ihoinpson's Report could have been
* Sop \n 'M.
121
MO P.M.
"Ml Uriifod
In* scut.
n, 1S07.
, irportiiii^
I (111 their
a (Icspntch
' Dominion
I', copy of
II (Jovt'rii-
iti lioiird ii
lie to avail
ADAM.
r., imi.
>t(*, I !mve
Karl of
Ik; prompt
lis iniRsiou
i' Oovprn-
traiisport
UK'-vossel.
mgoiiicnts
fVDAM.
, 1S!)7.
Illation of
ifcli (roin
ivoriimeiil
Slieiiiiaii
)!■ D'Ar<-y
stiidyilii;
lave liccii
iiiadi' pnlilic with tlie piomptiiess >»|ii(li m.irked the iippcaniiiec of that of Dr. .lonhiti.
In thiii cMHi' tlure would have liecn mupjc tiiii" (or Itoth < Jovirmiiiiits to have exaiiiiiied
the Ki|i(ii(s of IJieM- t«o eiiiiiieiil >cieiilis|.-> liefoie the ope iiiii!.' of another Healiiii,' season.
Hnt it seems to have hetter Hniled the pnrposes <if Her Majestv's (Joveriiinent to withhidd
Prolessi.r Thoiii^.son'H K«'port until an oppoitm ily wns all'orded to examine that of
Dr. JordaiJ, ami thn.s eiiahle tla; lorm« r to pass the latter in review, eritieizi' its stiitemiiitH,
niid as lar us possihle minimi/e its eomlii>ii)n-. It is not pleasanl to liave to slate tiiat tin;
impartial eharaeter which it lias lieen llie ei.htom to attrihnte to the reportH of iiHturalistH
of liij;h standini,' has heen gnally impairi d hy the apparent snlijectinn ot tlii-. Kepoil to the
political exi^jencies of the situation. It is liirtlar to he icirielted that the Heport was so
oii^(lela\e(l that no iipportiimtv ^^as aliorded this Coviriiment to examine it lieCore thn
didiiiite and liiial njectiun of the President's proposals, hased mainly upon its conchisionH,
WHH coimniinicatcil to me. This conduct recalls the incident wiiich preceded the iirhitra-
tioii at I'aiis, ;oid which camu near rendeiin^,' the aiintration ahorliv*-, wiien a similar
Rcpoit ota liritish Commission wiis withiuld nnlil alter the case at each (jovernmcnt was
exchanjicd and the l<i'p,)rt of the American ( 'ominission made piihlic."
Aijaiii (parai-raiih .')) ; —
" Professor 'riiompson's lieport is |)iain'y wiiilen with n view to miniml/.e us lar aH
possihle llie depleted condition at tiie lieid on the I'rihvloll' Islands;" and parau'iaph (i)
"ulthoiiL',li I'riilessor I'lKMniisoii has heen very < areliij throu;;hoiit tlie INijioit lo say
notiiiii:: likely to endiairass his ( io'.crnment."
'I'he ri'Uson.s for the diday in the preparation and pnhlieation ol Professor 'riionipson's
Ropral were given in Lord Sulishiirj's drsp;itch to Sir.). Paiinceforte of the 7lli .May.*
Those explanations cannot, however, laive liecn hefoic Mr. Sherman when he permitted
the iiisirtioii of Mie ahove-(pioted stntemeiits in his despatch, ami Mr. ( 'liamherlain would
not refer to this point, allhon;;li so prominenlly put foiward, il he did not lee! it iieee-sar\
lor till" vindiealion oi Prolessor Thompson's hit,'h character and reputation to deelan; tliat
the all«-i;aiioiiH made agaiiist him are totally nnfonnded, and thereliiie e(piidlv uniustilialile.
'I'iii'iuhl: to ihc practical issues raised in .\Ir. Sherman's despatch, I am to point out that
he IS misiaken in assuming that Her .Majesty's (loveriimeiit aitrilaitcd ro Dr. .lordaii
theslaleiiic.it liiat theie is a " depleted conuition ami prospective early (^xtinelion ot tlio
herd." Ihc words in ipiestioii wen; used in .\!r. Sherman's note to whi(;!i Her Mijc -ty's
Cioveiiiment wert- replying, and tluv must adhere to their opinion that the slatemuut
i.s iioi W'.nranted hy any tiicts contained in tin; Report .
The passages cited from that paper are merely expressions of opinion, and the grounds
upon whidi such opinions arc hased are not set forth in the report, and the pas>agi' on
p. 21, wluT(! it is asserted, " he (tieirly recogni/cs diminution, as i videncid hy plioto-'iaphs,
as also hy decrcise ot' haieins," must he read with his stateaiciit that " there is no assurance
that photonraphs taken the sanu! dati- on sueccssive years show the suine or relative con-
ditions, as the arrival ol the seals, and douhlliss their iriovements on tlie rookeries, are
affected hy the state of the weather and the advancement of the season.
The statement (|uoted from Dr. Jordan's final re[)Mrt with wliich Her Majesty's
Government have not yet iieen furnished, is interesting. It says: —
" I'ldin a careful study of all the condilions, in our opiiiiijn the fur-seal herd on the
Prihyloli' Islands has decreased to ahout one-liltli of its size in 1x72-74, to somewhat less
tiian half lis size in Ih;)ii, and that between the seasons of IH'JSand i^CJfi there has been a
decrease of about 10 per cent."
On \),'2i of his preliminary report, Dr. Jordan estimates tlie seal-herd in IMSXi as
consisting of " 1 13,07 I hrecding females, or a total numlier of altout 44(),()0U of seals of all
grades," and he adds, there may have been, in 18'do, l;').',UUO breeding seals, or a total of
476,0lJt)." Dr. Jordan's matured leliections therclon-, on the coiiipar itive state of the
herd, have ap|mr( ntly led him to consider that the loss during the period 18'J5-'.)<> was not
7^ per cent, as he thought in November last, but "ahout 10 percent."
In the passage relerred to on p. 22, he only carries his comparison hack to Ib8().
when he estimates the herd at "(it)(),0()U breeding temales, 1,5()U,UUU of. all grades," but
he has now a|)parently carried his comparison lurther back, and estimates that in 1872-74
the herd was about live times its present size. This would mean that at that period the
herd Dunibered 7lK),()0U breeding teniules, and 2,200,000 seals of all grades collectively,
and llcr Majesty's (lovernnient will await with interest his explanation of the disappearance
ot 100,000 breeding feinaies 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 1872-74
Sec- No. 90.
fC38l
182
m
mi,'
Mr
i
nnd 1880, and apimrently Dr. Jordan liimscll \\ns not uwure of il wlion ho wrote his
prfhniinury Itrport, as on p. 17 of tlint paper, he stntoH that " nntil 1N7'.', and piTliap<i a lew
yearn alter, tin- lioi'd rontinued to inereaie. Durini; the period 1872 to 1n7H, it doiihtiesg
remained practically in a state of ((piililirinin under the various elierks aetiii^ upon it, of
which the Iraniplin^ of pups was the chid'. 'I'lie North-west catch, which remained
Btatioimry at about 5,000 durini; those years, heinj; another element olelioeU." NN'luthor
the earlier or later views of Dr. .Ionian are to he taken aa expressinu' liis final o|iinion,
the discrepancy shows the dilHculty attendini; the discussion ol the tpiCKtioii in consc-
(jucnce of the nhscncc of any really trustworthy data on which comparisons of the size
of the herd at ditlercnt periods can he based, and justilics the action ol I Icr Majesty's
(lovermneiit in reliisini; to be dmwn into a discussion of the (|ucstion until further int()rnm-
tion has been acipiired.
.Mr. "^liiMinan airain relors to the falliii'^-on' in the |)ela!:ie catch Inst vear in lU-hrin^
Sea in sii|>|iort o( the cont'Mition that the herd has (iiclincd, and cites the ti^ures ol the
catch lor IS'.lt, i.sn;"), and IhiMi, Irom which it woulil appear that the catch per vessel in
181M(, had IliHen oH' nearly one-iialt'as compareil with IsiM.
The cileh ol IS!14 was altogether exc ptioiial, as will be seen from the Tahlo
printed at p. l!»s of llu> IJcport of the .8ccretiiiy of the Uniti'd ^tatcs'Treasury lor I'*!),),
and I'M'cedi'd that ol any jircvions year, as well as that ol' the siiliBe(|uenl years, and
the e.Mraonhnar\ vari.itiins in the catch I'rom yi'.ir to year wliieh eharactcrize the imhistrv,
render it impossible ti> d<'(hue fioiii the average eateb per vessel in any year am safe
coiieinsion as to the state ol' the herd.
iMi. Sherman (pu -lions the asstrlion llial tii • fallini:-oir in last season's catch was
partly dm- to stormy weatlu'r, and i-ites Cajttain llnopei's staterueiit thai, boarding;' opera-
tions were possible durinj,'twinty-roin' days mi 1811(1, as compared with twenty-live in 18!».5,
a statemt-nt whieh Her .Majesty's (lovernuu'nt have no reason to doubt, thounh it does
not loilow that si.alini; operations in canoes are praelieabli- whenever boai'ding is prai'ti-
caiie, still less that the weatiur is favourable for seaiim;, and, .is Fjord Salisbury is aware,
Aibmral I'alliser, in his Ueport on tl;e siason, di'seribed the weather as "exceptionally
bad." It is uniKCCssary to elaborati- this point further than to add that Her Majestv's
(jovernment niii;hl eipially well maintain Irom a compari-^on of the result.>; of I he North-
west coast eateh in ISK,") and 18!t(!, that seaN were more numerous in the latter vear.
'I'Ik' mnnbcr of seals is limited, ami il is impossiblr, therelore, that the eateh per \essel
shoidd rt main the s.ime while the number ol' ves-eU timaiiMii; in it has almost lionhled.
The pieseiu'c of a j;reater number of vessels must necessarily iiitei-fere to some extent with
each otlu-r's operations, and moreover the C(mstant patroHinu; of the limited area ol' the
tishery by steam-vessels must tend to disturb the seaN r.nd diminish the cateii, whieh
in Hehrinj; Sea is made almost entirelv from sleepiiiu; seals, t-ven if the constantly repeated
boardin,' to which the Ihitish vessels iiaVf hei-n sui)ii'eted had not constituted a material
hiiulranee to the operations of the se.dini; Hce". Thr extent to which IJiitisli sealin;;-
vissels have l)een unnecessarily harassed by the United Si.ites' patrol-vessids durin:^ 18',).')
and !>!)(> may be judfjed Irom tin- I'.ici that in l^!M, when the Ihitish sealin;,' licet
nuaihered only twenty-two vessels, thii'iy-six boirdmii operations wei'c |)erforined, an
aveiatfc of one and a-half jier vessel, while in iNil.'i. when a tlei-t of forty Mritish vessels
was engaged, the numljci ol' l)oardin<j^s rose to h'^J^an avi'rai^col four antl a-half |>er vessel,
aiui in liS'.Ki the British licet of lilty-seven vessids was subjected in Mehrinj^ Sea alone to
171 boardiniis by the Inited States' |)atrol, an aveiaiic ol three times per vi'ssel. It is
interestiiii; to note that in lf*0.') seventy-six United States' vessels were subjected to oidy
l;")t'> boarding' operations. If it is borne in mind that at each boardiii'j; operation by I'nited
States' vessels the whole catch is pulled out ot the salt in which it is packed, and each skin
carefully examined, and then lcl\ to be rcsalted and repacked by the crew of the sealiiifj-
vcssel, some idea may be formed of the extent to whieh the t)perations of the sealing
tlect are subjected to active obstruction, in addition to the loss caused throujih the effect
of the constant movements of the steam patrol-vessels in scaring; 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 ellorts to prove the apiiroaching commercial extermina-
lion of the fur-seal, Mr, Sherman has, unintentionally no doubt, by cpioting without
relerence 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 Tab!<j a|)pcnded to his Report shows that the total |troduct of ti^e pelagic catch of
189G in the London market was about hall the amount of that of 18i).'>,and l^ord Salisbury
informs us that this result has ' brought many owners of the sealing-vessels to the verge of
bankruptcy.' "
123
Whnt I^rd Snlishiiry did nctiinlly say was that " the Hiiinll catch nnd low pricei
ohtninrd for tho skinH last yuar l)rought many of tiiu owners of the lii-aling-veHSclit to the
vcr|;c of hniikrnptcy."
It Ih ))crhii|)s nnncccssnry to dwell fnrthcr on this purt of Mr. Slierniiin's deH|)iitch, ai
it has lieeii answered by anticipation iti Lord Saiishury's desp.-kteh of tli<' 7tli May, to
which no reply has hecn received, liiit in view of the fact that Mr. Sliennaii H|)eak8
tiironuhoiit as if pelagic sealing were tiie solo cause of the alleged depletion of the herd, it
may l)e well to again call attention to the conclusion there drawn from Dr. .lor<lairH
estimates of the herd ut diirereiit periods, vi/.., that the decline of the herd was much more
extensive licfore pelaiKic sealini; became general than it has been since.
Mr. ('hamherlain cannot pass without notice the attack upon Her Majesty's (iovern-
nient for dcelininK to consider an innnediate revision of the Fishery liegidations
established by the Arbitration Tribunal at Paris in I8W3, as this attack forms so considei-
ahle u portion of the despatch, that silence !ni;;ht be conKtrue<l by the United States'
(jovernment as an admission that Mr. Sherman's ol;<( : vations cannot be answend.
Tiie expressed object of the arbitration was "the preservation of the fur-seals," and
the Regulations adopted were framed with a view to " the proper protection and prcservulion
of the fur-seal .... resorting to Hehring Sea."
From a |ierusal of this despatch ot the Kith Mav it mi;;ht be inferred that the
"proper protection and preservation of the fur*seal " is identical with the su|ipiession of
pelagic sealing, and this view is consistent with the attitude inuintaincd by the United
States' (iovernment from the outset.
In support of their views the United States' Government Imvo departed Ironi the
noblest traditions of their country which had earned aniversal honour by their utt'orts to
vindicate the freedom of the hi<j;h seas.
The tuition which is now so zealous for prohibiting tho killing of seals on the
high sl'i' was, in IH32, with e(|ual 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 u friendly
nation. The Power which now reproaches llcr Majesty's Government with " unneigh-
bourly " conduct because they decline to abolish an industry the lawfulness of which has
never been <|uestioned except by the United States, and has, only four years since, been
vindicated by the highest international Tribunal, did not shrink in IH.'VJ, when the
United States' sealing-vessel "Harriet" had been seized for violating tlie territory of
the Hcpublie of ])u(;nos Ayres in the pursuit of fur-seals, Ironi landing an artr.cd party
at Soletlad and carrying off the crew and cargo of the vessel, and from declaring thai
the seal fishery on tliose coasts was in future to be free to all .\meiicaMs, and that the
capture o*' :iny vessel of the United States would be regarded as an act of piracy.
The s!iorcs of the Fribyloff Islands are to-day just as much uninhabited as were tne
shores Ji ii.< Falkland Islands and Tierra del Fuego lifty years ago, but no British subject
has ever claimed the right to land and kill seals there us the United States' citizens did on
the South Atlantic under the jirotcction of tlie guns of a United States' man-of-war.
Hritish subjects, and Her Majesty's Government lor them, have only claimed the
right of every subject of a free State to exercise their undoubted right of fishery on tin?
high seas ; yet, while exercising that right, British subjects have been seized, lined, and
imprisoned, in the face of the jnotests of Her Majesty's Government. And now, alter
Her Majesty's Government, in tlicir desire for an amicable arrangement with the United
States, had agrcetl to submit to arbitration their claim to exercise a right never before
disputed, and to leave to the Tribunal to determine when thut right 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
And themselves, notwithstanding these coucessions 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
hat the interests of the lessees of the Pribyloff Islands ./ould not under the new condition
ot affairs be materially or injuriously all'cctcd.
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 suilicient to
destroy it, the United States' Government began to press Her JVIajesty's Government to
agree to revise the Hegulutions. The same arguments as had just before been urged in
vain upon the Tribunal were repeated. Pelagic sealing it was 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 deiiberution by the liibunal,
124
-■'"■ 't :
merely because it was found tiiat Kritisii subjects could, under tliu rcstiieiions imposed
by it, still continue to prosecute their industry successfully.
The limitation and pre#s>irc were coiitinuc.l, ui.d exau'seratcd stutcnients as to tlie
condition of the licrd wire ciiculatcd, till, when Ilcr Majesty's (Joveruniciit sent their
A{;ents to intpiire into the actual faets in I81)t>, it was found tii.'.t, in spite of the lavfjo
catch of 180"). the herd actually nunili'"'.'!! uinrc than twice as many cows* as it had
been olHcially asserted to eontuin in 1S!)5. The result of these investi^'ations, ''s pointed
out in Liiid Sahshuiy's despateh of the 7tli May, has further been to show that pelagic
gealini,' is much h'.^s injurious than the practice |)iir;ued hy the United States' lessees of
killing on land every male whose skin was worth t.d<ini;. If the seal herd to>duy is, as
Professor .Ionian estimates, but one-liftli of what it was in 1872-74, that result must be,
in i^reat measure, due to the (act that, while the islands were under the control of Hussia
that Power was 'satisfied with an average catch of .'33,000 seals, sul)se(|ueutly under the
Ignited States' eontr'>l more than three times that number have been taken every year,
1)1'* il tlie catch was perforce reduced because that number of males could no longer be
found.
Last year while the United States (lovcrmnent were pressint: Her Majesty's Govern-
ment to place further restrictions on pelagic sealing I i-y found it possible to kill •'{(),()()()
seals on the islands, of which Professor .Ionian says, p 21, 2L',0OO were to the best of his
informati.in ■J.yeir olds, thouijh on p. 17 iu* estimated the total number of .'J-year old males
on the i-lanils as l.>,0()0 to "JOjOOO. If such exhaustive slaughter is continued it will, in
the liii'lit ol' the past history nt" ihe herd, very ijiiiekly brinj^ about that commeieial exter-
iiiiiiatiiin whicii has been declared in the United States to be iiiuiiiiieiit every year tor the
la^t twi he yrais.
F.noiiirh has perhaps been said to justify <i,e refusal of Her Majesty's (lovernment to
ent( r on a precipitate revision (<f the lleu'ulations, and if further justiheation were required
it is to he found in the nature of the industry as carried on by Jiritish subjects, especially
if eompared will", the |)rocecdinij;s of United States' citizens.
A \i\r'j.r amount of !>^!'ish capital has been invested in ships specially fitted for the
i-cal fishery, which .jannot readily he turr."d t(» other uses, and much skill has been
acquired by those employed on the vessels whicli is useless for other purposes, and Her
Majestv's (jiovernmcnt would rctjuire very complete justitication before they could assent to
niensiiics uhieh would render a large proportion of this capital and labour unproritable.
Till- United States iiulu.-try is carried on on land, no (apital is required except a small sum
annually for the maiutenanee of t!ie few Indian:, on the islands, whose principal .sus-
teir.mce is. in fact, seal's flesh, and for bringing tiic skins to market. A partial or total
ressation of M.'diiiir is tlierelore a light matter to the United Slates' citizens 'is compared
with its resull fo Ih'itish sulijects.
'riir SI alinu: iiuhwtry, moreover, a-' carried on by Hriiish subjects is ul best a highly
speciilativj- one. If hy good fortune seals ure met with in ahundinee and the weather is
suifahle ;i may |iii.>e hii.lilv ri'iiumerative, provided prices are good. Hut when the
weather is h.ul, and seals are timid and jiriios as last year arc low, heavy losses are
incurred. To add to these ri<ks uncertainty as to the eondiiious under which the
indiiKtiv may be carried on would he equivalent to putting an cud to it alto;ici.l)tT.
Mr. SherniM 's stridures on the conduct ol IJcr Majesty's Government should be read in
the liuht of thi se fart'-.
In luiiher Mipport of his indictment of Her Majesty's Government Mr. SliermaD
proceeds to review " the manner in which it (the Hriiish Government) has responded to
the action of the Paris TrilKjiial, and to what extent and in what spirit it has observed 'he
decisiiiii and recommendaiior.s of that Tribunal,"
This review contains some signal omissions aiui also some inacijuracics to which aiten-
tioii mii>t he called. Mr. Sherman begins hy reeallinu' the fact that when the draft
Regulations were submitted to the Tribunal they provided that the Uegulat!o,.s .should
apply to all the waters ol the Pacific Ocean tf) the north oi the thirty-fifth dciirec of north
uititiide and that the late Lord llanii'.in ohjtetcd to tiiis provision, and moved an amendment
limifiru' the area to that jnut of the ocean and sea cast of t' iHOth meridian, and he
cites pait ol tlie Words used hy the I'resiilent of the T/ihunal in acquiescing in the amend-
nitiit, but omits the eoneluding portion which was "Nevertheless, as far as he was con-
cerned he (lid not dcriire to do anything whicii might bo prejunieia! to tlie position of
Great Britain or oi the United States, in the negotiation which the Governments of these
two countries might engage ultimately with Hussia and .lapan." Mr. Sherman also omits
' Till- iiiimliiT of cutt!", acct/nliui: in tin' iiffic ni iflinntp of 1 8?^ j, was 70,42.1 •, tlip count in lfi96 Khowc-l
H.'^.O'i COW"
125
to tnention that tlic amendment was unanimously agicod to. Lord Ilanncn's views on
tiiis point, tiierclorc, were equally shared by liis United States' cu11cul;iius on the
Board.
Mr. Sherman continues, "When, in accordariec with Article VII of the Treaty of
181)2, the Russian and Japanese Governments were approached with a view to securing
theii' adhesion to tiie Kegulations, they both replied they could only do so on their
extciision to the Asiatic waters," and when Secretary Grcsluuu verbally iu October, 1893,
broui^lit this view of the subject to the attention of the British Ambassador, he recoijnized
the force* of tho position, and said the situation seemed to sui^^^est the propriety of a
Treaty between the four Powers " for the preservation, for their common benelit of the
fur seals between the two continents, and north of the H.'itli degree of north latitude."
As a matter of fact the identic note to the Maritim j Powers invilintj their adhesion to
the l*.Cj;i;I,ilioiis was not disiiatched till the 2Uth Auf;ust, 18'J4.
In a (despatch of the lifjfh October, )h93, however. Sir .], Pauncefote records a eon-
versafiiin with Mr. Ore^-ham, in whicii he reports: —
" He (.Mr, Orcshaiii) took the opportunity of iiiuiilioninjj that the Russian and Japanese
Governiiiints woiihl probably, as a condition of their adhesion to the I{cy;ulations prescribed
by the Award, insist that the southern limit laid down iu Article 2 of the Re:;ulations,
namely, the nrjth decree of north latitude should be extended as fur as the Jainuiese coast,
so as to protect the Russian and Japanese rookeries. Mr. Greshaiii was of opinion tiiat it
would be dinicnit to resist this demand on e(]uitable grounds, it beiu.; bused on reci|)rocity.
In reply to his ii\quiry, 1 said that the contention might seem plausible enough, but I did
not Know how it would be viewed by Her Majesty's ' iovernment. 1 understand that
Mr. Bayard has been instructed to cimiILt with your Lordsliip ibereou."
There is thus a discrepancy between Mr. Gresbam's report, as cpuiled by Mr. Shcrnmn
of the hmcuaii;e u.^icd at this interview by Sir .1. Paui-eetbte, and Sir J, I'auneefote's own
report of the same interview.
Uovvever, this may be, nml whatever instructions may have i)eeii .sent to !Mr. Ijayanl
as to the n:ti rests of Russia a. :d .Japan, he apjiarently did not consider tliat he was desired
to bring the question before Mer Majesty's Government for bis ollieial note of the
20th November made no allusion to the subject, and that note, with tiie exception of a
verbal coinnninication on the 2tHh Septend)er, LSlW, expressing the desire of his Govern-
ment *'or prompt action in procuring legiidation to give eU'eet to the Award, and in securing
(be adhesion of other Powers was the fu. t communication received froui him on the
question of the .\ward.
No note from Mr. Gresham of the lilkd January, IS(Ji, on the siilijeel of the seal
fishery appears to be on record, and the iieie of the 24th January, to vviiicii possibly
Mr. Sherman alludes, contains no allusion to the sul)jeet of tlie .lapanese and Russian
fisherii-s, nor does any coinmunieatiou ijppear to have been made to lli.r M;ijc-ty'o Govern-
ment <m (he 2nd May, 1894, in reference to this (picsiion, ilr. Sliermau ap[)ears to have
been misinformed as to what actually look |)lace <n rcirard to t!.i^, mattir.
On the 11th March, lh'J4, Mr. Gresham, in the course of a discussion on the subject
of the legislation projiosed by the respective Govermncnts lor enlorcing the Award,
threw out a .suggestion for a Convention between the four Powers principally
interested, namelv. Great Britain, the United States, Russia, and Japan, to endjiaee u
complete j-chcmc of regulations applicable not only to the higii seas, but also within
the sover''ignty of each I'ower, and he coupled this with a jiroposal tb;!C mci.ntime the
modux rirtitdi established duiing the arbitration, should be icnewed nnd extended over
the whole area of the .^v.aid. Such a moilii.i vlrcndi would have practically ])reventc(l any
pelagic staling on the ea.-lern side of the Pacific, and wovUd have driven the whole body of
pelagic sjalcrs to the western ^ide, the Japanese and Russian tislicries whic!. Mr. Sher-
man now believes the United States' Government wi.:- anxious to protect. Ikr .^lajesty's
Government repiie-!, iive d.:ys later, on the Kith March, that they saw no olijtetion to the
proj)(>sed negotiation between the four I'owers, and weie willing to rei.e.v the niodiiK vlvendi
01 the same terms as before, but coidd not consent to its extension. .As the United States
insisted on the exten.-<ion, the proposal uropped lor the time.
It is possi!)Ie that Mr. Shermnn may have had in mind the p.ropo>als uiade by
Mr. Gresham, on the "J.'trd January, IH'.)."', to which he pieviuu.-ly rifened. To tinil note,
after communication with the Donnnion (loveiiKUiint, a reply was reluii.^(i on the
17th M.iv, which wns received by the linilid Stales' Government, as Mr. Slierman states
in ;in mrlier pi.rt of his dispatch on the :i7th May. Ti;at replv. to whieli Mr. Shcnnan
rcJi.rs as " comidaeeiitly "' staling "that the coiiditinn ut ailiiii-. is not ol so 'Ugeiit a
character as the i're>''ie!it has been led to believe, and that llieic u.is no " micIi urgent
daiiL^er ol total exlii'cUoii of the seals us to call for a departuie !ium the Arbitral Award by
[iJ3B| . ^ '-i
I2n
which the two nntions liavc solemnly bound tJieinselvcs to abidi'," contained u very lull
dtntemcnt of the rcnsons for tiic hciicif expressed hy Mcr MajeMy's (tovernmont to which
they have not yet had any reply, and Mr. Sherman omits to mention that alternative pro-
posals were submitted for tlie prosecution ot a joint intpiiry into the facts, the necessity for
which has been fully established by the results of last year's investigations, If that pro-
posal of Her Majesty's (Jovcrnment had been promptly accepted, the first trustworthy
information ns to the state of the seal herd would have l>ecn nvuil.iblc at the cud of 18U5
instead of at the end of 1896, and would have afl'onK'd, with the inforinuti'in collected
in the latter year, some criterion of the j)ro;;ress or decline of tlie henl.
The reasons which induced Her Majesty's Government to jlecline to enter upon a
joint nejrotiation with the three Powers interested in supjiressinj? |K'la!;ic scalinj: were fully
«et forth in the correspondence, and it is unnecessary here to do mon* than call attention
to the fact that since \SW Great Britain has had an arrantfenu'ot with Kussiu in rcjfard
to the seal tishery in wiiich tliat Power is interested, and that, as the si-al herds are
generally alleged to be (piite distinct and not to intermingle, no advantaj;e would have been
Rained l)y a joint negotiation, which could only have beieo based upon incom|)lete know-
ledge of the fi.cts.
Mr. Sherman proceeds further to reflect upon the action of the late Lord Hanncn
and of Her Majesty's Government in rcirard to the second Declaration annexed to the
Award of the Tribunal, which urged a suspension ft)r a short period of any killing of seals
either on land or sea. Mr. Sherman states that Mr. Gresham instructed Mr. liayard (m
the I'Jtli September, IS<>!^, to ask the concurrence of tJreat llritain in the enforcement of
this J)eclaration, and that .Mr. Hayard reported on the l-'HIi September tiiat he had made
known !iis instr:!Ctions to the Hritisli Government. Mr. liayard must have failed to make
his meaning clear, ior Lird Kosel)ery's despatoli of the 13tb September to Sir .1. Paunceiote,
reconiing his conversation with Mr. Hayan), spvaks only of .irrangemcnts " for carrying into
ert'ect ti:o Award of the Hehring Sea Tribunal of Arbitration," and makes no reference to the
second neclaralion annexeil to the .Vward. On the 'JOth of the same month Mr. Hayard
communicated a further instruction from his Government on the subject of tiie enforee-
nient of tiie .-Vward, but also witlu)ut any reference to f lie Declarations, as is aiso the ease
in the formal note addressed by Mr. Hayard to Tjord Rusebery on the 2()tli Novem-
ber. The first rctcrence to the subject is contained mi Mr. (jresham's note to Sir
J. Pauneefote of the 2Uh .lanuarv, 1SU4, in wliich, after urginc the early eni'orcenjent of
the Regulations, he adds "the United States would l)c glad to prohibit entirely for a
period ol three years, or for two years, or lor one year, the killing of seals, but unless
Her Majesty's Government should be williuL; to agree to that measure it oidy remains for
the two (tovcrnmcnts at once to give cflect to the Regulations determined upon by the
Tribunal as necessary in cunfurmity wiili the Treaty." In forwariiii;g this note Sir
J. I'aunccfote observed that he had rend this statement .. Mr. Grcsham's note with
surprise, as it was inconsistent with his lormer language on th. same subject at an inter-
view on the llith December, when, as rtjiorted by Sir J. I'auncefotc in » despatch «laled
the Kith of that month, .Mr. Gresiiam 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 groat outcry in this country, and, moreover, it was important to
ascertain what had been the ellect of the cessation of seal killing for two consecutive
seasons in Hehrintj Sea.'' This languaue. it need sc-areely be observed, disproves
Mr. Sherman's belief tl.al the United States' (iovernment had been urging Her Majesty's
Government t(» agree to the adoption of the second Declaration from the moment tiiey witc
informed of it. .Moreover, it is to be observed that on the 2Uh January, lSti4, when in
the manner (]uoted, the suggestion to adopt the Declaration wiis thrown out, it was
too Lite, as the sealing-tleet had already started for the spring fishery. Her Majesty's
Government did not, however, sm Mr. Sherman 8up|H>ses, fail to respond, for in
their reply, dated the 24th February, they sUited with reference to the suggestion that
they were willing to agree as a temporary measure to renew the mo</iw viveudi for the
continued closing of Hehring Sea. Phis oiler did not meet with the views of the United
Slates.
Mr. Siieriiian's account ot tiic action of Her M.ijcsty's Government in rvgard to the
adoption of nicasuri'!< for enforcing tiie Regulations is also incomplete in calling
attention to the delay which took [ilace in passing tlie legislation tor giving etreet
to the Award, he omits to mention that part of the delay was due to the difliculty
caused by the desire of the United States' Government to transfer the negotiations
to London, although ail the previous discussions in connection witii the Hehring
Sea diniculties had been curried on ut Wasliii Hon, and ilcr Majesty's Ambassador
127
llicrc wna fully informed on the wliolc (|ucsti(in, and, further, tlmt for some time the
United Stntos' (lovoriinicnt iiorsistrd in a desire to proceed to enforce the Rci»u-
liitions by means of a Convention instead of by lei;islation, a i-oiirse whieli was
impossible for tliis country, where Treaties restricting or interfering in any way wit!i the
rights and liberties of the subject rcipiire the sanction given by express hiws. Tlie
projiosed le;;i«latinn, too, mainly alfeeted Her Majesty's sulijccts in Canada, and it was
necessary tliereforc to njfer constantly to the Doiniiiion (iovernmcnt in the matter, and
there w.is no undue delay on the part of Her Majesty's (lovernment in dealing with it.
The Uritish Act received the iloyal assent on the 'JMrd April, 18".)l,just seventeen
days after the United States' Act was passed ; the Order in Council giving the necessary
powers to United States' otbccrs to act under the Rritish Act was passed on the
3()th April, ami instructions were sent to Her Majesty's naval oftieers by telegraph the
same evening, and the Act was thus brought into force before tlie beginnini; of the close
time fixed by the Regulations. The statement in Mr. Sherman's despatch, therefore, that
" the Uritisb Act to enforce the Regulations was not passed until four months after the
scaling season ha<l opened, and the final Order in Council (the 27th .lunc, 1894) on the
Bubject w:is not issued until six months after the sealing fleet liad put to sea in
disregard of the Award of the Tribunal " is misleading. The Regulations, except in so
far ns iboy |)resnibed a special tl.ig lor sealing-vcssels, and the making certain entries
in the loi; and taking out a licence, all ^nadi' no change in regard to the methods of
scaling during the spring. The If^islatinn was passed in time to enforce tlie close season,
and during the close season arr.uigements were coiupleted witli llie Uiiiled States in regard
to the flags, .»:e., and it was to give etl'eet to these iUTangements tiiat the second Order in
Comieil, vi/.,tliat of the li7tb June was passed, more than a month before the close season
ended. It is ditlicult therefore to know what is exactly meant by saying that "the sealing
fleet bad put to sea in disregard of the Award of the Tribunal," \ndess it refers to the
departure of the lle.t for the coast fishery in wliicli the Award makes practically no chiiiisc
In regard to the charge of neglect of the police duties under the Award,
Mr. Chamberlain \*ould observe that the scaling fleet consists entirely of small sailing-
vessels. In 1>*!U lorty-fmir were employed during the spring season, and tliirty-seven in
I5chring Sea. In |Si).') the number in the spring season was lilty-two, ainl in liebriiig Sea
fifty-niiie, and in lS;i(i the numliers were lort\ -three and sixty-seven respectively. The
main duty of the pairul is to prevent infringement of the (lO-mile zone in Hebring Sea, and
to prevent sealing during the close time, and even if the masters of the sealing-vessels were
bent on evading the law, instead of being, as they are, most anxious to conform to it, Her
Majesty's (Jovernmeiit are satisfied that one num-of-war or revenue-cutter is (piite equal to
looking after eight small sailing-sehooners.
lier Majesty's (iovernmcnt also send three vessels to patrol the western side
of the Pacific to see to the cntoi cement of the ariangement with Russia, and though
United States' pelagic scalers c(pially engage in the fishery on that side, and United
States have a similar arr.ingement in regard to it, Mr. Chamberlain has never laard
of any United States' vessel t d<iiig any part in the patrol on that side, and Her
Majesty's (Iovernmcnt have, thi refore, had employed in the patrol of the seal fisheries on
one sitb' of the t'aeilie or the oilier five or six men-of-war as a rule, as compared with
five or six revenue-cutters on the part ol the United States, and they have every reason to
believe that this force is ample for the discharge of the proper ilutics of the patrol.
The "strange misconception of the true spirit and intent tif the Arbitrators," said by
Mr. Slieniian to have been developed on thepart of the Rritish (iovernmcnt, has been entirely
on the part of the United States— a misconception which I ler .Majesty's (lovernment have fre-
(jueiitly bud to point out. The Agreement for allowing vessels to liiive their arms sealed U|»
was not renewed, because, as Mr. Sherman was well aware, it was imnle a pretext by United
Siiites" ofbcer> for tlie unwarrantable seizure of two Rritish vessels. .Moreover, I ler M.ijestv's
(Joveninicnt matle provision lor the c\;imination of sealing-vessel> iiclore clearing for
Uebring Sea, and the issue to them of certilicatcs bv the Customs authorities, to the effect
that they bad no fire-arms on boartl. Tlu' United Slates' (Jovernmeiit declined to accept
these certificates and insisted that Rritish sealing-vessels should undergo a further and,
us might be expected, unsuccessful search at the bands of a United States' Customs oflicer.
The United States' Covirmnent ••an scarcely have seriouslv expected that Her
Miijcsfv's (ioveinmcnl woidd consent to cast such a grave aspersion on the character of
their oJlicials. The Award, it must be leineinbered, is carried out, so tin- as Rritish vessels
are concerned, under a law of the lniperi;d Parliament, and Her Majesty's (ioverninent
have accepted the assistance of Unitcil Stiile-,' «omniiHsioiied ollicers in enforcing that law,
but they have not conlcrrcd on tbeni, nor did the Tribunal of Arbitration suggest ll-at
they sliould confer un them, the duty of supervising and contrulling the acliuu of tiritiih
12S
mi
U
iiiivnl or nislonis otrnvrs apiioiiitcd to tliat. duty, ami tlioy arc ploastMl totliiiik tliat in spittr
of all (lio lioarilin.^ and soarcliitm with wliii'li tlu> llritish S('arni<; llrd lias luiii liarassoil, not
a siiifjli' instani'i' lias In-on islaMislu'tl ot" tin* use of liri'-arn»s Ity llrilisli vossrls conlriiry
(o (lie Ui-gulatioMS.
'riu- so-i-alli'd serious delivt in flu- Hritish Ael for llu- ent'orronn-nl of the rcnulalions
is tlu' ni'M point in Mr. SluMinau's Midictnu'Ut. lie rcliis to the omission of I lie elauoe,
eontaineil in the Act passed to earrv out the mixfiis liniuii of l.S'.ll, whieli provided that
the presumption of uiuill would lie a>;aiiisl the vessel haviiii; on lio.iid lishini; or sliootiiii;;
implements, or seal-skms at torhidilen times or in I'orliiddeii waters, and declares that
" till- prai .ieal elleet is to make i(. impossihie in manv j'asi's to «'oiiviii Hritisli sealin^-
vessels, although there may lu- the stroiiijcst presumptive cvidemi' of i;uilt, evidence
whieli, under the Ait of C"oni;ress, would in most cases proeiirc the convi<'lioii of an
Aincriean si-aliim-vessel."
It would ha\e lieen ol mneli assistance lo Her M.ijesly's liovi rmiieiit if Mr. Shernmii
had mentioned one or twn of these iiiscs, as only ten Mrilisli \i>.sels have liecn
seizcil duiiiii; till" three years ilial the Act has luen in Inrci". <)l tlioe. two were sei/.eii in
IS*.M, not lor violation of tlie Award, hut haviin; niisealcd arms on lionnl. the aliened arms
in one ease lieiiii; a iim>ket with tlu- I'.iirel euf down, iiseil for si;!;iialliiiu, to the vessel's
lumts. Theu' w.is ahsnluielv no cTitlenee in either case that the arms had heen
used, and tlie Admiral deeideil not to luiii^- vessels so improperly seized to trial. One
vesM'l was seized last year hv the I'nited Stales on the pij-Uxl thai then' was a shot hole
in one olllie skin>, though the most esiiau^live search failed to reveal any arms ou hoiirtl,
and after a tew da\s" di lentitui the riiiled Slates' ollieer in ehari;c of the patrol released
her. 'I'lieic remain only seven v»-ssiIn, llienfore, liron^ht to trial in three years, and
of these four have lieen eon\ iiicd and heavv lines or forfeit iire intlieted. 'I'lie eases relerr«'d
to hy .Mr. Shcnnan are theiv Tori' reduced lo ihrci-. One of these vessel.- was seized cm the
ground that the ma-<ter liail not enlered up in his lot; lor two days the nnniher of seals
taken, and the Court promptiv dismissed the ease with costs afj:aiiist the prosecutor. Tho
oilur vessel leicaseil had lu'eii seized on a eliat.;i' of usir.i; fire-arms in killini; seals in
Hehrine. Se,i. llaviiiu lu-en previously simIiiiu on the .lapaii <-o.isl. when- the use »tf
tire arm> is .diowed, ou enlerim; l>ehiin!r ."^ci the niasler had his aninumition and itrius
I'.irefiilly eoiintcd hy the I'luleil Si.iies" ollii-er- at .Villi helorc licuiiiniiiu siiilini;;. \\ lien
searched Mihscipiently there ap|)cared to he some discrepancy in the ammiinilion, and one
skin had .1 hole in il proenliii;: an appear.mee like that ol a shol-hole. The diserepaiiey
in the amimmition was lully ai'eonuted for, lail tiie vessel was sent lor trial, ami of course
acipiitted. The third ease of aeipiitt.il was somewhat similar lo the last, except that tlie
evulence was even less strom,', and the t'oinm.mdcr ol' the IJrilish patrol licet only sent
her for trial lu ean>e his in>liuetioiis u'live him no discretion where a ilistinet otli'iicu
1- eh. need ai;.un>t .1 vessel hy a I niled Slates' ollieer. It is implied that hecanse tlie
clause making the pt>sses.>.ion ol M'.iiinj; iiiiplemcnis prinni J'licir cvideiici justilyiiijj; sei/iire
appeared m the .Act for the enlorceineiit of tlu" madiis virnuli lu 1M(I it should also
have appeared in the Act oi' ISlM for enforeini; the .\ward. r>ut the eireiimstances wire
eoiiipletely altered. 1 luler the mniliis intuili IU'hrin_u Sea was closed to sealing;, ll
a \essi 1 witii sealiuc iipiipmenl was I'onnd within the well-deiined hmilh of the .sea, lier
presence raised 'he presmnplion that she was there fur an unlawful purpose. Tlu- Award,
oil the other liatnl. established a close season over the whole area of the North Pacific i-ast
oi' lsi>' tVoin the 1st M.iy to the 1st August. When the close se.ison lie-ins the .sealers
iiavi to lind their way hack !o port tlirou[;h the closed area lor himdreds of miles with
their arms and skins on hoard. Uefiue the season opens in IJehriii!; Sea they have a^aiu
lo I'iiul their way tlirou,i;h the clo.scd area with their oipiipmenl on hoard to he ready
to lieiiii oper.itivms as soon as the close time ends. If the clause were in the Uritish .\ct
. v. ly one ( f the vessels either uoinj; lo or returning from t!ic prosecution of their lawful
lisliery could he >( lied ^olely heeause of the pos.session of the iinplemunts and produce of
hre calling. It would be evidently unjust to eiit'onr such a pruvisiun.
K\cn il the opi ration of' the ilaiise uere ir>trielid to the <Il)-nnle z.oiie in iJehrint; Sen,
it woul'l obviouslv. with liie tojis and eiirreut.s tlu re prcvailiim-. when for days lo^ctlier it
IS impossiiile to yjel a siclit of the sun, be unjust lo presume that whenever a scalin^-ves.^el
was I'ouiul iii>ide .1 ueoi;i'a|<hic.il line which -he may have had no opportunity of ti.xiii^, that
she W.18 neeosaiily there for an unl.iwful purposi;. Such a measure would he coiitnirv to
the spiiit of justice, and iiitliit uiiiiccessary and unmerited hardship on a (lurt of Her
Majesty's suhjeets wlio ,ire most aii\iou> to ohsirve the law in every parliculur.
The final instance cited hy .Mr. Sherman of " the I'uilun- and refusal " oi" the Hritisli
Ciovernmeiit to i:ivi full efieet to the I'aris llej;ulatioii>," ileals with the (jucbtiou of tlu;
vulricii rc4uucd 111 the otiiciul lug-books of tlu; number uud sex of the scuU tukuu. IJu
12!)
iir ill N|>it(!
'iissoil, not
I colli mry
vniiliitioiis
III' cIllllHt',
vidoti tliat
I- sliooliiiL(
•laivs that
ill si-aliii)?-
, t'vitllMUl'
tioii of an
•. Slu-rnuin
liavf ln'iii
•«• sci/.i'tl in
li'm'il aims
I III- Vl'SSll's
liail Ikvii
I rial. Oiu-
n shot liolc
>^ on liourti,
lol rclcasrd
yi-ars, anil
scs ri'Iriri'il
i/.nl «)H tilt'
UT ol' seals
•nlor. Tho
nu; srals in
till" nsf ill"
II and anus
lij;. \Vlu;ii
)n, and one
disciTpaiicy
d ol' course
ipl lliat the
I only s*!»t
iiu-t olU'iicu
u'cansc I lie
yinji; sci/.nir
lioiiid also
l;nucs \\{.rc
sialini;. It
llif sea, liei
t'lie Award,
I'acilie east
i I lie scalers
r miles with
, have a>;ain
to hi; ready
Uiitish Act
then- luwiul
I produce uf
k-hriiii; Sen,
s loji;etlicr it
i'alin,i;-vessel
r fixing, that
contrary to
[lurt of Her
ir.
the Hritiuli
btioii of tiu!
lulicu. lie
speaks ol the "daily" entry, tlioiii;h the word does not a|i|ieMr in the Ki'<;nhiti(inH, anil
complains that tlie lietnni- riiniishi d liy Ihilisli seidiiii; vessels ;ire nnlnistworlhy, ami that
Her Miijesty's (lnvernmenl have reliised to iillow the ealeli ot lhili>h si-idin;;-vessels In In
rxaniim'd in Caiiadiiin ports hy I iiiled Stales' Inspecloi.s.
Mr. Sherman omits lo mention tlu* contention of Her Majesty's (iiivcinmenl that the
results ol' such inspection lor the purpose; nl delerimmnK the sc\ ol' the seal Irinn which
the skin has iieell taUiii are at Ihe hesi iif yn-y iliiuhltill vahle, and that allhniii;li in tile
ease ol niales three years idil or ovei, or ol lemales which havi' home yoiiie;, il is pos-dile
to dclermine Ihe se\ h'om an e\aimnalioii iil' the skin wilii more or less iieeiiraey, il is
not possii)le to do so with any approach to certainty m llie case of the skms ol' voinii;
males or temaies.
Mr. Sherman's i-harj^cv. are smmneil up in (he llnal |iarai;ra|ihs nl' his despatch. 'I'liey
have heen answered ahove in detail, and it has lircn shown m r<"^ard to the allcL'eii refusal
to cxteiiii liie Ivr/^nlations to the Asiatic waters that l(ei;nlations JM'llcveil at Ihi- lime h\ I ler
Majesty's (iovernmenl and the (M)Vi'riinienl ol ISii-<sia In he adetpiale m rei^anl tn these
waters, have heen in lorci llieie since JsD.'t, and that when I'lissia in |s;i"» ciinipiaiiieii o|
their inadcipiacy, iier Majcsiy's ( ■iivermiicnl took tiielii'st oppnrlnnil v in iSlili ul jnipniinu
into Ihe state of tin; herd on the Uiissiaii KiainN, and are conihictim; linlhcr invesli:;atioiiH
with the same ohjcci this year.
In rcijard to the rclnsai ol' II ei- .M.i|cs(\ s t lux eriimeiit to a^ici' to t he total suspi n sic in
of the l\illiiii;' ol seals l(ir a period III' \ I .u-<, it has hi'cn show ii llial ^lU li .> uicr nrr w.i^ m
Ihe first instance dcpicc.ileil hy tlie I inleil Slates' (iovernmenl, and when it was liriiii;!il
lip ilxvas loo late, Ihon^h in any case Her Majesty's (■overnmctil conlil imt hive
agreed to sncli a ineasnri', as il wiadd have involved the ruin of an import. ml Kritish
iiidiislry.
'I'la alleged nc!;lecl to pnl the Kc'iilaliuns hi luiee until alter .sealiiii; liiil heen rulrrcii
npoii I'.a^ heen answered hy shnwiir.; that all Ilie .nlistaniivc Hi ;:;iiliilions wei-e enlorc d hy
the d:. •' 'ixed hy the 'rrdiimal.
'I'ln " evasion III the patrol duty " has hern di-.|iiisrd nl hy .Iniwiiif; tli.at I ler Majcsiy's
tlovci'iimenl have aetiialK had a lar",et' force en'-;a;;cil in jial rolling the seal lishencs of
Ihe I'aeilic than the rmicil .'states, and that the force is more tiiaii .ideipiate lor the
pnrpiises.
'The ''opposition to snilahle nieasiires lur the enlorcemcnl <il the prohihition a'.;ainst
tire-arms" has heen shown to he nnfonnded. The pnsscssiun of tiii-arnis hy ,'i scalin(;-
vesscl is not. in ilHcH' illegal. It is their use whicii is prohihited, hut it has heen .shown
that Hritisli vessels do not clear with lire-aims, that no instance ol their use has heen
eslahlished, anil that Her Majesty's (iovernmenl were eompi'lled to withdraw from the
arraii(;emeiit lor the sealing: of arms, heciiii^c lliev I'oimd that not only did it not serve to
save Hritisli vessels Iniin unnecessary iiiterli-icnce, hut w.is actually made a pretext for
uiiw arrant ahic Nci/nres.
'I'liey have not oinilled to enact le^islallon liecessarv to secure tiie eonx'ielion of Ihe
guilty, hut they have rcliised to pas.i Ic^^islation certain to emharrnss and injiiii- the
iiiiiucent.
They have refused to sccli legislation uithori/iiiL' an iiispertion of skins liecanse fh'v
do not hi lieve th.it sucli an inspection would serve :my useful purpose.
'I'hev have peitoinied with the utmost rigour all thr rei|inremenls of Ihe Award, hut
thev have had to make continii; I and niiuvadin^ protests aL-aiust the altei-ipts of the
United Slates to hamper and i;inl>;!rriiss the operations of Hiitish snhjeets pursiiiiit; their
lawful vocation.
The fact that in spile of thesi cnilmrrassnieiits IJrilish sealers have heen ahle to
prosecute their industry with success has led In the eonlinu.d elhirts of the I'nited Stales
to ohtaiii such further l<e;,'nl.ilioiis as would ( tl'celively prevent that result, without icfrard
to the ohjecl aimed at hy the 'rnhuiial in the licLcnIatioiis they laid down, which was to
preserve the seal lishery for the fenelit id hoth countries.
Her Majesty's (Jovcrmncnt have never ari;ned th;it the l{eL,'iilations were perfect, hut
they have inaintained that hcfore they can he revised in a scicntifie manner aeenratc
information as to the increase or derrcase of the herd must la; availahle, and that such
iiiformation can only he ohtained hy accurate ohscrv.itions extending' over a sijllicient
period to cnahle accidental circnmstniiccs to he eliminated, •nid as soon us that is at hand
they will he read\ to enter on a di.scussioii of the (juestion in the impartial and friendly
(i|)irit with which they can confidently claim to have acted thnaiifhout this controversy.
I am, &c.
(Signed) KDWAMI) WI.NUFIKLI).
Hi
130 ...
No. 100.
The Marquesn of Salisbury to Mr. Hay.
Your Excellency, ForeUjn Office, July 28, 1897.
IN the last |>arii<;raph of the despatclj addressed to you by Mr. Sherman under date
of the Uith May Inst, and conununicuti-d by you to nie on the 22nd of that month, a wish
is expi-pssnd for a Conference of tiie Powers interested in the fur-seal fishery of the North
Pacific.
In reply, I have to state that Her Majesty's (Joverninent are willing to agree to a
meeting of experts nominated by Great Hritain and Canada and by the United States in
October next, when the iurtlier 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 sei^ls frequenting
the PrihylofI' Islands at the present time as compasod with the several seasons previous and
subsequent to the Paris Award.
it seems to Her Majesty's Government that NVashington would be the most suitable
place for giieii a nieetini;.
The other |)ortions of Mr. Sherman's despatch, in so far as they require any reply
•roni Her Majesty's (lovernment, lave been answered by anticipation in despatches
which I addre.>>se(l to Her Majesty's Ambassador at Washiu'^ton on the 'J2nd April and
7th May last, and whieii have been communicatcl to the Government of the United
States,
I have, &c.
(Signed) SALISBURY.
miv
No. 107.
The Marquess of iSalisbury to Mr. Adam,
(Telegraphic.) Foreiyn Office, July 30, 1897.
MU. TOWKR'S despatch of the 30tli June and previous correspondence.
Ilcr Majesty's Government regret that the, are unable to accept the proposal made
by the United States' Government that their IB',)? Regulations should be adapted to the
scaling-vessels of (ireat Britain.
Her IVIaJesty's Government consider, with regard to the sealing-up of arms, that the
certificate of a British Customs ofhcer, which is carried by the nuijority of British scaling-
vessels, stating that they have no tirc-arms on board, already provides a suliicient
guarantee.
You should, however, inform the United States' Government that instructions have
been given that theofticera of Her Majesty's patroliing-vessels shoidd seal up the arms and
ammunition ot any British vessel which applies to them, and make an entry to that effect
in the vessel's lo(j.
i, 1897.
under date
itl), a wish
the North
UNITKD STATES. No. 1 (189S).
DESPATCH
l{
ii
M
a{»rce to a
j States ia
^hc present
if possible,
requcntin^
cvious and
)st suitable
; any reply
despntciies
I April and
lie United
FllOM
PROFESSOR D'AKCY TFIOMPSON
roKwvuuixa a.
sBURY,
RKPORT ON irrs MISSION TO BEHUIiNG SEA
10, 1S07.
posal made
iptcd tu the
as, that the
ish sealini?-
i suilicient
ictions have
le arms and
I that effect
IN 1897.
hi coiiliniinlion of" Unih-d States No. 3 (1H!»7)."]
Prrsniln/ lo l„,th //«)-(,>•,■>■ o/" I'lirHuiitnit In/ (',itiih,<ii,<l of //<•/• Miiji-sti/,
Jiiiiiiini/ 1S9S.
L ON I » O X :
I'RI.NTKI) Fdll HKH MA.IKSTVS STATIONKUV OKKICi:,
IIV IIAKRISON AND SONS, ST. MARTIN'S \.\S\\
I'lllNTKBH IN (IRUIXAHV TO Hill M 1 I K.. U .
Ami I.I he |)un-liimHl, i.ii|„,r ilirvclljr or ibruujii injr llonk*i>!li i-, from
VYIti: iM. SI'OITISWOODE. E*.T Uahdinb Strmt. Flbkt Sfhiki. H.( ,, axd
.12, AniNuDON Strkit, \Vkstui.\>ti:ii, S.W. ; iik
JOHN MKNZIES A Co.. 12, IIandvkii Strrkt. Kdinhvriiii, asu
'.•0, WtiiT Nii.r Strret, liiAxiiiiw; or
liOhGP.S, FKiGIH, A.NU to., l,i»iiTiii. 104, CHAfiox •"'trut, Duriin.
[U.— 870-'.] I'rice 2^iL
Ik-
I h'Npah'li fntiii I'roli'ssor i>',\ir\ riioiii|isiMi, Idrwiirdiiir n iit^port
oil Ills MisHloil In Iti'lililli; Sra m lsi)7.
Piali'.sMii Tll'inkji lilt III ihi Mil ijiir.\ III Siilisliivii . \ltiitii'il (tridhi'i •(. )
Mr Lrtlrl. Or/../»r U. IR07.
I HA\'l''i Ml)' iiniiiiMi ti> Hiliiiiii ti> Mi;:> Li'iil<'u|< Ik'I'mmIIi n Ucporf of niv
IMMjiri'tioll, lllrtflr lllirill'; tllr pll I (IIIIUIiM, I'I llir ,r.>| III i|,l IH'M I'll (III- l'l''l(vl»»(r !m1(IM(U.
\t) iK'i'Ollhl ol WW (tlKi't'Viiti<tii'« iliinlr on ti'ivl Im'Ii Itci I .'lliil uii tin' ( iit'ilil.'lliilrl' lilrtliih,
will lorMt Ihr m!l)ii'«'t 111' ;i icnilMl IN'iiiijI ; -
f iirri\«'il III S(. <]i<t»ri.;:f IxIiiihI. mi ImuiiiI Him \(ii|(Ml\ ihip •• lidinliow," on Miiniltiy
llir l^^t ,Nii!;iHt, iii'M-Mii r willi iii> ,\>,'.i«liiiil . Mi MrMiiiilcr Umlu"'!. \)r .lonlnn. Hir»
NiM'rif'Mn rMiiimiHtitiiirr, hiii| .rinril ihrir iliiriii-r lli<- fnrvimi i \mc|<, Mm! hml iiifi/ndf
t|<'|iiiilnl I'm till' I JmiiiI III '-I I'.iiil. I l.'ii SI Cr ' Im SI I'liiil |M|nn«l on lllf
.(♦li Aiinntif ; oil ill' I'llli \ii"ii.( I I'liiliinliril mi ln.nil Iji r ,Mfii<'sty'M «liii» " Am|ihlon,"
lllul llfln rllliill!'; Im' tll llliy. Illlll •; Ilir rllllll" lli'Cl fo tlv HOIIlh wi'Htwiifd «»f
Mil- I l.illil .. |ili<i'ri'ili'il Id Iii'iIiI I>!I Illlll IIh'Iii'i Id li i|l|illill II . \S Im'I r I illlivnl Oil thtl
•M\\\\ \m!-,iihI.
|)| .liiiihlii liMil li'li SI r.iiil III! '':iii I'lMiirii'D mi Mir I illl Ail^ll I.
Ml' ,1 \\ . Mnrmni. III.' \'>mii i,| ||ir DuniiniDii Cuvi'I'iiiiimiI, iiiiil IVfr. (!. A. ('liirii,
Si iTi'tiii \ h> III' \',ri 1' I'llli < ■|iiii>iir.'iiDii. Ii,ii| 111 i'ivimI .'il SI riiiii I'liiiid in tlic lirKihnin^
111' .liiii"' . ill' V .'i-i"'''l' 'I Mil' rjiDii'. viwU III' KilliiiL; I'll Mil' I'lliiiiil, Illlll |ii'iriMiiio(l iiiohI
III llir I'oiinl iliil Mire liiMilr ii|imi Ilir I'mikcl'ir-. Ml. !'' A. Iilirilw ncrolllpiinic'l
|)i .liinliin Id ilif i-^liiiiiU. iipil Illl aliiMi I iljil 'I'liri'i' i I'lniiiiiril ln'liiiid iipoii Ilii' iHliiiidM
ii iiiiil\ 111 lUi' viiniii.'t'i' iis^iwiiiiiK iiIIiicIu'iJ Id Mh' Aiiniinin ( 'DiniiiiMMloii. Atnon^f oiln»r
iiiiilh'i's iiili'ir^li'd ID llicMii \ui'< Ml)' ri'|ii'liti)iii iiml )•^l('ll>■illll ol' i'\|)i'i'iiiM>tit.H in hrnndin);
.-.iii'li as tii'ii' |ii'i Illl iiii'ii ImsI Mill, Mini iilsD Mil' nri'limi il ii sltiin;; li'iii')' iiroiiii)! fh(*
Ini'XO inh'l ol •(inllo» wnlii l.noMii n « ll.i' Ln^oini, wiMiin wiiii'li il, ii |iro|iim«'d fo rotilini',
iM'vl V)'i»i'. )liii'ii>'-! Mil- ii|ii II I'li'^.Dii 111' III!' |ii'lii'jir liijii'i'), IIdimi' iiiiilr moiiIi Wmt iiffi
rcjri'li'il ill Ml)' ili'i\r'< liDni Mm' nrivlilimiini;.!; iddKi'Mi's No '^rnK hiid liccii hrnndfld
dliiiti", MiiM miriMi ii|) III Mi>' iliili- dI' mv ili'|iiii liiii'.
\ '^tiilV )•!" Ann'ricnii i ii'/iint'i'. .|ii'iil Mh' wIioIi' .iiiiinii'r ii|iDn Mn iMJiiiidH, innkin^ li
oniijilrlt' t'i|i"yr.'i|ilii''.il 'Hii'vcy uilii ("i|n'ii.il ii'liri'iirc Id Mir onMini'H «>♦' thn
ii«ol(('ri«'H.
liDiii l>r. .Imi'iiii :iii;l !ii. »\ Illlll' liiir. rimn ('iilmi'l Miiiriiy, who now «>C«'itpi«'H t!h«
iiosilioii ol lliiiltil Sliil' .' 'I'lTiisiii'v Afii'iil on Mn' iNlinnl, Iidiii Md' oMiit (government
ulliriiil'-. rcsidciil tin Mm' i'-l:inil>. :inil IVoin .Mr. Slmilry I'id.mi and Mr' other r<'|iresenla-
tivi.'H )it tilt! NoiMi Anieiican I'oiiinn'ii'iiil ('oiii|miiis. I ii'i'i'iv<'d, tlilH yenr ah hint, 'he
Irii'iDlliei'l wrh'DUi"' iii<l ii •.i-liiini'.
I liiive, \i;.
(.SiKiiiMJ) I) AIM'V W. 'I'MOMI'HON.
Iiielosnre.
Urjtiiil ■! Iiiyjii iliiiii III ihr Sent /I'niiLi i iis im ihr I'rilii/loff Islaudn.
Sr. (ii.oiKii; hi.AM).
North Uouknij.
I viftilod North Itoohcry on tliu 2nd August, three (hijn later than the date of the
count mitiin liiKt yenr l>y Coloiit-I Murray, Mr. Ijiicuh, and me. Although the date so
nearly uorreMpondcd, it waH phiiii to nie that the hcHt time for a count liad paiit. N'o
less tliun forty. (Iiiee liirj^i; old IiuIIh wen- sleeping on the beach bejrond the wegtern
o.vtremrty of tho rookery, and severni others were swimming in thewaMr iM<f By. Many
[I'.mj
fi 2
I
of these wciv iloubtlcss bulls tlini liiul posscsNud iiurcins, hut had now lot't thoir •editions
on the rookery ; while on llie rookery itself were numy small hareniH of youn;; cows,
many of whieh harems were uresunuildy of recent fornmtion.
When we eountcti the rookery last year we were not yet alive lo (lie chnnrres that
take place about this period, and aeeordinirly I am not abh> to say how far the eonditions
are eom)mra1)1e. or whether, as I am temptnl In think, the alteration in eom|iositi.)n and
aspeet of '.I'e rookery took jtlaee •.oniewhat <nrlier this season than la^t. On the whole,
I eould sec in> 'hanKe in the extent of the rookery — it reaehotl the sanu- linuls as hist
year ; it was somewhat thin last u*ar, ami is so still.
In the lar;ie ivully near the western end of tln' rookery were .III harems and
\'2 idle bulls; still farther tci the west were II laiiiilies, 4 ol the hulls liavin;:; oidy i
young eow caeh. I'roeectiing towards llie e.t I, the next, low-lying, gidly eonlained
\A harems, and about a dozen imoeeupied hulls. The eiirvint!; bay which follows had
Vi'2 harcnid and *,) idle bulls, ami in the subsequent portion were altogether 4-'( haroniH and
14 idle hulls; 41 solitary bulls were sleeping on the heaeh beyond the western end of
the rookery. 1 make the whole number i'l!> bidls with harems or single cowh, and
SS solitary or idle hidis. The number is almost ideiitieal with last year, when we counted
225 hareinM and 100 idle bulls; it is in excess ol Dr. .Fordan's count made in the week
preceding mine, as he found <»jdy I'.Ki hiirem». I saw about 300 bachelors, mostly
young, on the hunting groimd near the east«>rn emi of the rookery, about \W more in
the middle, and lOO at the western end.
All these figures teacii us very little, save that on this rookery there is at least no
sign of increase since last year. 'I'Iumc is at the same time no clear evidence ofdiminiN
tion,
Shiiili/ii .till.
I visited Staraya .\til on the sau'e day. A large patch of between oOO and tU)0
bachelors, mostly young, lay upon tlie iiill-side parallel to the breeding rookery ; but
there were no more higher up the hill near the jialcbcs of wihl celery, where we saw
them last year. On the hcaili in front of the lake were about K) large solitary bulls
and .a number of half-grown oiie< ; 10 other iiilc bulls were observed on the margin of
the rookery. I counted .'i'> lar^e and .".7 snndl harems, the latter consisting of one or
two females only. The whole number gives 148 hulls, !(2 of them with one or more
cows.
Dr. Jordan in the previous week had coimted ■'>(! Iiarun)s only ; c number for ]s',)\\
was 75, with ~ij idle bulls. It is jilain tiiat here, about the time of n;\ visit, there was a
large absorption into the rookery nf bulls that bad been formerly idle, ami that were now
obtaining their shar*- of tiie vin.inuif I'emales as they came in from the sea. The rookery
is not an easy nor satisfactory one to observe and count. I notice, fnnn the statistics
given mc lust year by the .VuM-rican t'ommissioners, that on Ihe'.Uh .luly, IHOO, Dr. .Ionian
counted here Gf^ harems and 4.> idle bulls, whereas Mr. (.'lark. «)n the same day, nnule
only 50 harems and 33 idle bnlU.
'/.iljUKillil.
At Zapadnie (3rd .Viigust) ibc one marked feature of change is the disappearance
since last year of the first or norlliemmost of the three patches ol" seals then existing on
the beach. This first patch '"ontained last year 'A'J harems : it was represented this year
only by a group of 14 solitary bulls In what was this yt-ar the first, and last year the
middle patch, were -'J harems ami !• idle bulls; the harems sci-miil to have been large —
one bull, who had oidy one cow boide him at the time, having IT pups.
Straggling between this hatch ami the next were 'JO bulls with snndl harems and
ll> idle ones. In the last, or main patch, were 10 harems below tin* e<lge of the beach,
and 12 others (mostly small gr<»u|is of young cowsi above the margin, Hehind thi.s
patch were 11 solitary bulls and many " half-bulls," and about 21 fidUsized hulls lay
farther hack in the valley with the bachelors. I'assing to the main [lortion of the
rookery on the rising ground, [ counted, firstly, in an isolated rimnd patch on the face of
the hill, .'} bulls with ;!3 young cows; secondly, on the main "platform," 4ri harems and
14 idle hulls; thirdly, on llie beach below, 3U harems and 8 idle bulls; lastly, on the
intermediate slope, 21 harems.
The total number, without attempting to difTercntiate between the newer and older
harems, was 172 haiems ami !)0 idle bulls. Our number last year was 1H2 harems and
100 idle hulls. Dr. .Ionian, in his count of tlie week before, nuidc this year only
135 harems. The rookery has decreased since last year.
The watchmen told us we shoidd find about oOU bachelors im the rookery.
IMS aiitl
onlv 1
Mr. Koilj-cr and 1 coiiuloil (i\L'r 7"<i on I lie liill.siilc a^ II117 K'l'l tlwli -lalion anti |mi»oiI
liot'or*' lis ill a >.'i;i«;;;linij |iroco>-»ioM. I'Ikti' wvw tliroe small |iaiccls ol liai'lii'lois iK'nidivs
tlo"ii in till' uilli'v.
I.illlf l-'.iisl Ufllllif ,
lliTc I I'.iiiilv.l I'l Aiiuu-li l»'i liaii'in». prcci«.rly (In' -aiiu' nimilt.'r llial |)r. .It»i(laM
'ia<! t'i)nntl in tin- |a'('\i<Hi^ \MM-k. I cDunt'il l,*Hii |ii!|i<. nn -'liDii*, ami siw 11 consider-
al)lt! nnnibiT nirnc (piMliaiiiv almut Kill ■.wimminu; and |taddlini;- in llu! wati-r. 'I'm-
rosiiU is in accunl uilli |)r. .IdnlinV. «li'> countivl I .I'.Mi i|iliis •_'(■ di-ad ornvs) in llu-
lirt'viMiis wi'cl.. 'I'iiis slious ji ilciTia-c tr>)ni last voai', >»lii'n, llnmuli <nil, II liari-ms
H«M»' <'innit('d, llirif wiic 1,:'.S| |ni|i>-.
A lliii'k I'o^ di'sccndiMl. whicli ii-ndiTtd it imiiussildo toscv" an,vtliin;j; of Ivixl iJiMiknv,
and I li'tl St. <;iM)ry;c without ii'\ idtin:;' it, as it hiis more im|i(irlanl to liastin to
St. Paui's.
Dr. .Ionian lomnl mi Kast HookiMV IL'S liniems ; our count lor lustyear was Wj.
rookery
•itutistics
r. .lordnn
, inndc
St. I'\ri, r«r,AM).
()i>s('i witions niort! ion^^tlu'iiod and important than mine were made on St. Paul
Island l)v Ml. •!. .Miu'oun. on lioliali' of llic Dominion (iovornnn'iil. and liy Mr. Clark.
• lie Scrrolarv to tin- .American (.'omniission, liof'orc T)r. .lordan's arrivnl or my o>'ii.
Tiic licst time tor takiiifj pl)oto;,'raplis- iiiid lor viowinfj tin- precise outlim-s of tiic rookeries
had passed away liefoie I rcaeiicd the island.
Mctween liio olli Aiif;iiHt and IC.th Anniist I visited all tlie rookeries on llie island
( except Sen I, ion I'ock), most of tlicni more than once. In no case could I delect any
eniaiiicinent of the area formerly 1 cciipied, or any other visihie .si<j;n of increase since
last year, in the majority of cuses no climiije was visil/le in a licneral view, either in
such a case ns (he lianoon, whi'it; llu count ol pups ito he piesenlly discussed/ shows an
iiii rease to have taken ])lacc. or on Kelavie where i1k« same count ruvials a decrease.
Tlicrc wi-re ccrlain localiti.s, however, where it was impossihle to douhl. even from a
;;eneral survey, tliat a dci rease innl taKen jilace. .M I'olstoi, llie western part of the
rookery, around and to the west of tlie 'uiidy jiatcli. seemed to me to he curtailed; at
North-east Point, ilie ureal sandy ana on wiiicli one looks down from the summit of
Ilutciiison's llill was harcr la-t year, nd the seals liid not, as they did at llie corre-
spondiiii; d.-ite of i.ist, year (I'tli Aii;;iist>. extend up lo or near lo the photo;;rapliic
station on llie hill . lastly, al Pi'lavimi, in more marked dej;ree than in tiie other two
cases, the rookery as a whole appeared to i.ir lo have diminislied.
The counts ol harems, made hy Me--i>. .Macoim and Clark on liie same ''iiles as last
vear, are ^iveii. loyetlier with last year's, in the followinjj Tahle :— -
IHIMl.
Is'17.
Ki l;i\ii' . . . . • •
l.lllkillllKlll .. ,.
I'oluviiii ..
(llill-
(I.illlr) ..
Noilll-i'.lil I'miit. l/j-t I .Minjoxlel
., .. \\ 1-'. ( Vt.-ticliiil^
/ijiiKlnif .. •• ••
., (I.illlo ..
^Vt'il)
Tol.iii (lUttinj
„ (rlUTt
( iai'lmii'h . . . .
Ai>!i);ii>ii .. .. .•
Kelt
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Col
ml iMiirrny.
Dr
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Cli.ik.
I'.M"
.'I I.I
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117
170
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»8
4M
10'^
I.I'VJ
l.:il»
l.s.-iS
rookery.
llir Count nf Pufi»,
Tlio I'liK'iiil iniporlinicc* nl' n ^ounl ot |lll|l^ on tl)o>(' inokiMics. vtlicic iiicli ,\ coiinl.
is Ua^ililc. ^^ilx iiiliiiitttMl lii>t vein: il is niori' fli'iir now than rvi'i' tlint lliis cniitil is
iii('(>in|iiinililv liclici' lliiin niiv otlxT im a Itn^is ot i'iiin|iiitiilii)ii ami i-uin|iai'isnTi.
Tho cttiml <p|' hulls or liarciiis ami llif (((unl ol rtm-. arc aliKr iiii>'afi'<rnclor\. 'I'hc
)>l<l hiillH an- not inolistiil on Intiil, aiHJ arc oti tin- sliorc oi near il «>hilc the pclu;>'ic
flout iH in IW>lii'iiii> Sea : save for ilcatlis hv ohi a;;(> aiitl tlicir ('(iinhats with oiio anothor,
tluTc is no reason hIiv tJH-y should ^rontlv varv in nninhor fVoiu any one yoar to the
noxl. The nmnhi'i ol hart-nis is a men- matter of |iro|tortion l)i'1woen the succossfiil and
the nnhucee-'slul or " idle " hnlN. It i> an aceident of their own enmpetitive warfare ;
and >*e knou hy tlie ox|ieiienee of lant year as «ell a^ of this timt a hidl which has in
till' early part of (he season uot |io.ssi<.ssinn of a lnr;>«' liarcni nniy afterwards in the ordeal
of hattle h<' rohhed of |»nrl of il : and also that as the yonii:; and \iri;in fcnniles eonn*
in l.iNuirdsthe he^innim: ot .\ii;;nst from ijie ^ci, man_\ of the formerly idle, and e>jiceially
the yoiini'er, hidls iditain harem^ IVoim annin!^ iliem.
Our statistics show this uar on Ivetavie 17'' luirenis a;;ains! |S-.' Ia--t \ear; the
ilifterenee is well within the limits of error <n' of diurnal lluetnation. In the portion ol
Ihe sHme lookory known as Ili«' •• am) hitheatre " there were, on the Hth .inly, 'l.') hnro.ns,
on the l:>lh l«), and on llie 'J.Mh ■'>:( ; \t\ llie he^inniiis: of Aii!i:u.st some of the old liulls,
u> tnied, heyin to rcliniiiiish their (ilaces for a lon^^cr or sliurtor time, and the smnll new
Iwrt'ni.s of 3()iiu;{er cows henin to he f'ornM-d . we have no wulUnuirkod jieriml of
ei|uililiriuni in which lo make our couids from ycnr to year with confidence in their Htncs^H
lor comparison.
The count «d citws is sijll h-o trustworthy ;it least, on our pri'St nf data. 'I hei»
number lluetnafe.s very largely indeed with the proy:rcss ot the season and under varyins
conditions ol' wenllwr. Tlir follow in-j oitservalions made hy I >r. .lord»n'« assist jint:-; show
this Ml a strikini; wa\. \ |piLci-c|\ similar reiord for anotliei year wiudd liav ;;reatir
value, hut, in the lace of >uci; thicluations as tlii'se, (hero can l>r no comparison with the
i8olat«d enunioratiuns of la.st vear.
RkcokI) of Arrival of Cows.
AntphifheHtre of Kotavie.
Datt;.
1
1
Cow*.
Diitc.
1
('<>W>,
1»'»7
1
1
IBIC
UK
1.'
• •
, ,
i
.fui\
7
• •
• •
o.iO
i:;
• •
• • 1
• ■
.,
s
« •
-OM.-.
1 1
• •
• •
•J
.»
;i
, ,
• •
.j87 Miiin)
•1
l.-p
• •
• •
tf
,.
II)
, ,
• •
fittO
,.
\i\
• •
• •
;;
"
II
• «
• •
703
i:
• •
• •
I
• *
l-J
• •
• .
• •
,,
IS
• •
• •
ti
»*
I'.
, ,
• •
i;a4
.,
lit
• •
• •
i
..
14
, ,
, ,
.'lOl)
.,
'jn
• •
• •
»t
•»
1-.
, ,
, ,
70,'l
I«
31
• •
• •
8
,,
If
« •
, ,
678
?1
OJ
• •
• •
o;'
""
17
• •
, ,
li'.IS
11
■23
• •
• •
.*»7
»i
IH
• •
• •
.Mill
It
24
• •
• •
■i."i
1 ti
19
• •
• •
.•>.i(i
n
2fi
• •
• •
.')U
■ »
•JO
..
• •
I2'.l
I1
•jc.
• •
• •
Tti
.,
'Jl
• •
. .
.'i ■-'■">
n
27
• •
»•
lO.T
•■
.).!
• .
• •
•il(i
lis
• •
• •
i;i7
t
'* '• 1
• •
• •
ir,;i
..
•J'.i
• •
• •
ll'S
1
■il
• •
• •
•i'.'t
ild
• •
• «
•ji(i
•♦
lio
• •
• •
4J'i
Jiiiy
1
• •
• •
•Jtt;
*^
'Jll
• •
• •
ii;.;
L'
• •.
• •
2yo
»'
L i
• •
• •
w,
»•
3
• •
• •
.1(V2
»»
28
• •
» ,
304
■1
• •
• •
114
1*
2'.>
• •
• «
414
>'
;')
• •
• •
i'.i'.l
»l
i)n
• •
• •
;jJ7
li
• •
••
ol8
)»
31
• •
• •
375
II CDIIht,
count IS
Rkcoro (if Hnrenw,
Dull.
11
ni'iiw.
lliilr.
fliiri'UiN
—
I'lllr 1 1
IS'.-:
• *
1
III
.llllv H
.: 1.1
.. ■j.i
IMIIT
• •
• •
■ •
3.i
•Ki
,Vi
.1..
-. « :i;;:'S^ Sii.;;; ^S'\:t-:;-^:;, ii;;;::';;;;:!;;;:::',;;;!';.,^- ' '"-' "-'-'• ^^ *«- «• ^-'^^
)fi;».oi!U III' v\nival i.r rjm.>,
l.iiliiinnoii Ifotikprv,
■II H I
l>ni,>.
D.i.,
IM'IT
J um
I-'
..
\i
,,
N
ii
16
\f>
M
IT
U
,,
U
tl
90
»»
31
»l
'J2
l»
'i!i
tl
21
l>
2.-.
M
2ti
27
M
2H
t»
2!»
,,
.'III
Jiilv
I
llllv
Is.,;
.»
.. 11)
•t
., II
(i
.. 12
II
.. i;;
u<
„ i.'i
ur,
.. u
a:
.. 13
r,-2
.. 10
71
., 17
1 0.1
.. IS
i.'ii
,. I'.i
I7(i
,. 20
207
., 21
J'll
M'.lll
'»"
ll.'IS
.. -'s
l.llh.S
,. -Vi
1,1!I7
„ .'.11
l,2<i-l
., .'II
l.a71
l.i.W
1. 'II ^luillj
t,O.M|
J.7Ji
l,7.i(J
1.941
aoe
337
336
338
23s
2»0
2H
210
219
21 J
Ml.
I Si:
N»
i.v;
• t i
H"i
127
I2f
V(l« 1 .l.in I I II ij|.(
»'" ■"".v I I iMjicriln.. ;<)i|l.i>-ilil<'. oniicf.oillit of th.. sraitniiiL'i.l' il,. ,. „. . . I
ii.i..i ..,ok..T «i'lM...i .,.„ 4„.u I , ,in„. , ml -o ■, .,.i,„„ V. i , . • """"""" •'"• 'oiint f.„ ,Lm
.■o.,t;-.„,.,i „„i,. iimi. ,.„.( „ ., M Mi.M, o) n..H,(,i,i lK,n.,„v V,:.. .i,„|,,i ,„„ ;„„| ,,,^ ,„,
Lii.stly, H-e know lioiu our woiii boUi of last vnir niul of liiU «»,.i( ,.11 ^... i <• i
Tilt" r«>ilii«iiit; ciiiiiK ucic iiiiulf t|iirini( (lie liisi wcrk in .Inly li.y Mr. iVfacitiiii ami
^!l•. VU\H.
Live l'ii|.'
Dnnl I'lijis.
TdIiiI.
Krliitic
'.IIMMill ,.
/;i|..»lnir Kill ..
r< I. mill t'i (I . ,
.\mi:iii'Ii «>
loCll
.■..lll.l
IS(l
:,.M:i
'.'..'.'.IM
70
.'..■.'.m
■•.'>: 1
;«
:!.tlll
.' 1 VI
(At)
J, •-'OH
", :<■<
Ml
7;i'i
1. 1.". 17
iW7
1.1, '■ill
It
Of) the |:'ii!i Aii>>ii-^t illii 4'iiiini lor ISiMiwii- ni.iili nn llii> IMli Aiii;iisli I i'i'|ioiiliMl
(111- ciiuiil til! I\rla\ i>'. :miiI on tlic llilli I rcju'iiicil tlial on /,;i|i,'iiliiii' I'ci'l'. I had im
n asoii li. aiitii'ipaU' a ri".ull iiialciiallv tlillViriil rmiii ilir lurmrr (iiic, ami I ^^a^vl•l}•
ii'liutaiit ii> 1 niM- (111- lli^(^ll•llall^^• o ' lli«' H)oL'ii.". that tlic <'n(iiil t'iiliiil>, ImiI llu' jiiira-
iiioiiiil iiiijioKiMii' ot liic niilli'i' >.<'i im-il li> iii-lii';. ;. rfjicl jimii. ChIoih'I Minrayat (iiico,
ami ii>. till' kiiiiiol \\i\\, aiitliori/fi) t'uv «\t>rk, ;imi Mr. Lma^ ami llir yiMin!;iM' iikmiiIicis
o( Dr. .lonlaiil '(all' wci',' iM|iiall» kirn! ami 'cany to lu'ilorm il willi inc.
.\ivi>r(lin;;Iy, .Mr. Iiii('a>, ^l'l. .Vilani. Mi. WaiTfn, imi I, connU'il liin j)U|irt on
K« liivii> ()ii till- i;Wli .\n;,'n-!, ami S|M'iii iiu' wlmlc (lay in (loin::; s<i. The day was r(iii;;li
r, (•irrnni-.lancc in oiiilavoni, lor llu- waves kcpi (lie inips (i,i land or in llic sliclicml
jin.ils. .Mr. LiuaNand I kc]ii lallx, patcli liy iialdi ; 'lie mimh^ci nun I'onnlil otl'llu' hulls
and as>iNii(l .!•> h\ scarciiin-' onl the nui-.u'roii- slra;;;:;lini;' |iii|i» thai hid innh"" Itouldcrs
and in cicx ii.(-. ,it the ii)ck>^. .My total tor ihf wind*' nadxix canic to .',.">;U live |)ii|is,
while Ml. l,Ui'a> ( onhted .^,.'>7T. The (liserepancy .iro-c at n\o eiiovded jtoinis - one in
the tir>t iM' iw>lei!i poi 'ion ot' (he rookery, wlu'ie I eouiit'.'d -nne '_'<• inore than ^lr. l.neas,
and a;>ntn in the iini|ihKhealre. \Nhere, a> a <j;re;it nia.ss ol |>n|is passed ipiickiy !iy us in ii
loni; pioreshion. Mr. Lucas eounled l,.'U!^. and i nni\ l,'_M7. Thouuili certainly ncillicr
ol' US counted pups lii<t t\e did not >oe, il is ennscnienl lo accept the mean d' liu> I wo
results \ i/ , .'•.."i .■>.'>. an e\ci'ss of .'JliL' over lite lormer ('ouid h\ Messrs. Clark and
.Maeiinti II i« very pnliahle. and indeed more than prohahle. that this excess over the
nutulier tc.diid at tl>e end oi' duly is to he in part altriimted !o addi(ien;i nnide hy new
itirllis ill lite inii'i\al; l(>r .»e have il on l>i. .Ionian's iinlhority (Keporl, l."^!)!!, p. •_':5)
that * tl:r hiilh ol' pup- e ,!;'Md- iVom enrix in dime nnid tiie middle of Aiiuust, with
proiiaiily siMHi'rini; hii'ihs as late as the lir.-i week in Seplemhir. ' Hit sir. li helaleil
Inrtli. were noi acttiailx conspieiions duriii;; the pi(i!;ress of our i iMint. .ind i am iiicli'icd
to altrihuie i"c urcali r pan id' llie larin* discrepaiicy liistly to the lacl (hat it was eai-ier
to lApIore the roi'k<'i . ilian it had liceii a lintniL'hl heforc.ami thai on the day in (piesiion
>M' had nol !'. face i;ie ennnierxailinv; diiliciilly from pups uoin^' out inlo (he water to
s»im; and -econdlv, lo ilie prcat care ihit our yoiiii'^cr C(i|lr.i'.;iies took m liuntiii;;' mit
a'l i'.iddeii siinnulei". amou;i the Kicks.
On liie pivxious day Me>sr-.. |,uca> ' :V!cn, and .\(la;ii, had eonntei' '.'OJ dead paps
oil llie >nme lookcrv ami to this liuinhei ive udded '■ dnrinu om cmint (.n the |:i|li —
that is lo sa\ . .ve touiid idtoi; dier ."i,-)"!."! live am' :;<»."i i' -ad pijis, wheic .Messrs, Macouii
and ( l|(ik had coniiU :; ."i.!".! liM> ami TJii dead.
On /'.apad: ic |{e(f,<ai ihc i'llli .An^iisi, Mr. Lucas and I, assisted hy Afessrs. Karmcr
iind WaiK n, alteinpted ,1 similar rccoiini wiili ,ii< nn-atisfjiolory result. The pups were
swiiiiiuin^- ai!i\el_> and in larm' luimliei-. and iiir c.piinl \\,is cuii-iun'ly piriurhed as
they swaii) hack and forwards : hmu; the inrnt ol ilie stiaiulil ami narrow r.iokery, \\\-
(vatiiled •_\7l<'. where .Messrs, Aiiiciaiii and Clark iiad found -,!>71.
It did not seem ncccssiiry to reeoiinl the Lagoon. Tin' conditions there are
t •senlialiy siniiiiir to iliosc on /apadni(> Iteef, ami ditleicnt tioiii those on Ketiivie. there
was I'i reason to snppeM; that en eiihei of the lormer Miiall lonkcries the advjinecd
pericd of the stmson slimild he the more favouiahle tor a coiiiil. in tlio .same way as we
iiiui shown it to Ik- in the cjse e the lari'i'i and Ics- acc-sihie stretch (d'urouml, with its
many rocks mid ;.;iillics. al Ket.ivic.
Rcplaciii'T. then, in ilie case of Kelavio, the c niiil made hy .Mr. Lucas mid n;e
for tliat of .Messrs. C huk and .Macouii. and leavinj^' in tiie other cusos the original count
of these irentluuicn, we irav st.ite the ease in tabular form: -
iHue.
l«il7.
I'liciriNi;;!'
t/'ilili'ji' Ml. re 111.'.
i.iu' rii|i.i
1
T.nil.
IiIm' I'llpH.
Ilni'l rii|i>.
•ImImI.
V. 11.
Ki'tiivii'
.'i.'.MO
III!)
<l.iii;i
."l./».'l.'»
•jo:>
.■SJll.l
- 1 'S |ii'i ('I'll'.
I.tiKiiiin
J. iml
7H
•J.IHI
■-'..rJH
70
2..'»'.m
+ •! • •'
y,;i|iiicliiii- l!i 1 1
;i,V.'>H
nil
il.HllJ
.•,m7 I
711
:>.! Ill
-•Jl--< „
1'kIik ilia 'lilt- ..
-.11')
.ii
2,1 '.Hi
::,l l!l
.".1
•J ■JIHI
- 1 1 '1 .,
Anl'^Kiii
i;.-.()
J
•i-ij
72ii
III
Villi
4- 12-S
l.-..:.|:i
1 l.t.tl
'(• 1 |Hr iTiil.
Tlic iiiciciiM' ill Anliniirii is ;i iiiiiUcr id' no very ^frriil iiii|ii>ilum't', iniisiiiurli m llic
|)l;ii'i' is nii'i'fiv M snmll tiiul nitifiriiiliy ilcliiiiilt'il |Mii'liiiii of ii ^rroiil rnokcrv, wliicli
rookery :)'< " wlioli' lias (MTlaiiily not. iiii-rcasi-il. 'I'lii- fal! in llu; ras" of >^apa(lni<'
\U'i'\' is a very si-rioiis niir, anil it lallii-s with tin- ciiiiiit. nf liariMiiH, wliidi wvit'. i'-,limutiil
tills yrar al lit a;;jiin>t 1T'> last year, i'otli lioir anil at I'olaviiia ('lill's we si-i'in t<.
have an rNani|ilr of tin- oiillyin'4 IViiin»' or rxti^nsion ol' a rookriy sliowin:;' sii^iis in a
lirriuil ot iliiiiiiiiitinii nt' ;:^rralfr loss lliaii llir main rooki-ry ilscll'lir-' yet >ii^tainuil.
Wliilr tlir iilmvi; 'I'aldr sIiomm a total or avcra;(i' (liininiitioii of !)• I pt^r I'i'iit., yot it.
Iii'liovi's lis to lie very farcl'iil in apjilyiii;r, anil to rr;;i. ••(I as vrry iiiipirlrci iiHJrffl, the
i(">ulls of any siii'li sinipli- ini'tlioil of smnniiition ami iivimii!;!'. \Vi' an' ilealin;; witli vi-ry
iim'(pial laitors, willi ronki'rics or portions of rookcrirs ■ ''ly iliMcri'iil in rxlriit nml very
ilitfcrriil. in till' si<;iis tlii'V manifest of elian<;e. We .-lie (;onlront(Ml liy one not. iin-
iiiiportant iliserepaiiey of oliservatioii. We are ieavin;^ out of aeeonnt aitoL;(,''li''i' l'"'
;;ieali'r rookeries, wliicli are llie mainstay of the Kiipply, ami which transceml our power-
ot ilireet eommimie.ilion. \tiii lastly, we have here ami hilherto omitted to take into
iieeoiml a fiKior that time iiiay show to he of vi-ry ('iinsid riihlc! iniporlanee, to wit, i\
teiuleney on the pait of the «'ow-. In llui'liiate from year to year in their niovenietits, and
to Irecpieiit now one and how amitlier rookery. The tew ohscrvatioiiN that have heeii
made on this matter were made this year hel'ore my ariiMil on Ihe i'-land-., ami I take
my information Iri'iii the iollowin;^ aeeouiil eommiinieated hy .Mr. .1. .Maeoiin : -
" 'I'lic female when she Isinils 'j^iWH, if possihle, to that rookery or p.irt of a rookery
on whii'h the ^rreate^l nnnilM'r of seals i-, eoii;;rei;ateil, mi that the seals ini;;lil wholly
disappear from the .'•mall slra^';;rmL,' riiokeries while thousands remained on the larger,
more eoin|ia''t ones.
''There was never any evideni'e in support ol the theory that yoiiii;; seals returned
to the rookerie.s upon wliieli tliey were horn, nor even that tho femules n.-turned to thr
rookeries upon whieh ihty had heeii impregnated the |iri'vions year, thoiiuli there was ji
natural presnmjition in favour of the latter tlieory. OhM-rvations in I^'.IT, however, •^how
that this is not. the easi;. .\ few female seals (nine in numher, aeeorilinur to Dr. •Ionian,
K'eport, IH'.Mi, p. <12) were hranded on North Ifookery, St. (ieiirf;e Island, in I'^DU.
Two of tliesc wiTi.' seen in |St)7, one on I'^asl Kookery, St. (jonrne Island, the other on
/japadiiiu Uookery, St. I'aiil. N'one were seen on the rookery iijion whieh they wi'ri;
hranded. One ol two hniniled on liiikannoii Uookeiy in l.'^'.lti was -ceii lo land I'len,' in
IM)'/ hy Mr. Ciiirke, hut it Wiis lost sij;ht of. Sn that what ilitii w« have ;,'oes to show
that fiMiiale -eals not only do not usually return to the reokcries on which tfey were the
previous year, hut liial somefimes iit least they |j;o to m;olher island
Tliii weather on die I'riliylolf l-laiids duriii;; the summer of |s:i7 Wiis exceptionally
line, with a inaikeil ah-eiice of ^ah'^ (luriii;^ .liin ' ami .lu'y, anil ii:iii-<ui'.l pi'iiods ol hrinht
warm sunshine. We have no eviih'iico of a dirert inllueiiee on the di-,lril)nlioii of the
seals of llie exceptional conditions of weather ami temperature, hut it would not he
iinreiisonaliK' to suppii>e it al least possihle that such conditions mii;lit render more
treiiuent or more protractel the animals' excursions to the open sea.
riie Dm 'I I'll pi'.
The coiinl of il. ad pups was not repeated on all the rookeries this year.
For tliose rookeries or jiarls of rookeries on which it was maile, the followin;
TiiMe shows the iiumlie!' found hist vcir ami this; —
! itMj C
I HIM
|N'l7
Ki-lavii-
l.iikiiiiiiiin ,. .. ..
Artliicucii
TDlntiii, wiii'l-Hiit mill Im'ik'Ii
/iipiitliiir, )(iillv anil lirui'U uiljiimit
T,.|i.l ..
I«»9
•jttr,
7H
M4
•I
I MS
1.I.VI
:i,l4«
Tlic iiiimt iiii|iortant itoiiit iiidi<'nti-<i in iIuh Taittlo in tltf liillinsf ••ff iw the ;;r<>ut
Uiorlalilv oli-crvj'il last vt-ar on tlu> saiuly Hats and }jiilti<"i of'l'oiitt'H an«J Anptki'u'w, wlii#*li
»|iois rami' last \rir to l»f oallod tlii' ■• <li'alli-traj|»«." In iln- ciist* «<" 'riJ:»imi it in <vrlai<i
that tlu' in\in>'iliat«- iu'i;;lil«oiirii<)oil of tlio s»n<ly aroa uihUt •••insi(l**»ti»>»i wan tliin yv»r
sparHclv inlialiiu'tl as coinpiireil with last ynr : tin- «liir.Tciii'<' »>*» plaM i-vimi at the
(hitc of n>v vi>it. ami is indicalrtl in liu* |)lt*»<o;;n»^hii l<'<»r '/,.t\u%^n^ I '^miuoI 4f>rMk
positiwlv to til'' sanic '.'frfft, as n«'illi<'r niT iiM-in**" nor the |>hoto-jfr.i;>liH ■;»'i'of v>»Tjr
l)ro('iscly tlic iliHinliiilinn ir* tiic iHoi'dini; Ht-aU on tws*' Muittll areas laxt .\-in- i'lir
main tiurlrt art* (hii't m ttioso two lofHlitii's a Unx «»i> Hiilfurfil Mtih jirnMi. tflii)i»£ii,
OH|K'»'i)tilv on I"oI-|m' iniK'h loss than ' t-^ year; lint ^'in^ ««i the »v|ii»h> a hoavy ittortalrty
»)!' iiu|i: was wiijii'ssfil, Nvhifli as hi-t'ori- >»a- jiininly iiKi*' .••v»<«*nt of anil .nitocfiltMii ^> an*
efl'e«'ls of polii^ir x'alvinr.
.\ \vv\ ini|ioilant ivsiili of tin- Nuniinvr s work !»»•> •■-* tin* ili.scjvery of » eutUM-
hitluTto nn>us|H>('to(l, coiWiilmtiiiu in iar;;i* niiMHiiri' to rliiM mvntmWty.
During; hist winter I ►?■ Slilrs, a wi'll-lvih»\n Ainfriraii iiMMiiiitholo^vtMl, ri*ii>4onin;r
from ilu' \ .'ry h'jili moriahty of the iniii-^ on sandy as cinnpari- I nitli tiiat on ttf ri>'4.y
nroas. Kn;ii;*'sird to tlii' Aim-riran ('iininiissioniTs that a <'aiisc of ilie niortalily nuijiii Uc
fonnd ill a p^irasitic worm id tlii' ^cnus I'lirimii ui (liiirliiniiiM).\\\\'u'\i pasM-s a pDi'liiui of its
lili'-iii -tory in sand, and id' whicii ont- spi-i-ifs is known lo he a (■omin(ni anil fatal par^-ilc
of yuiiifi puppy-iious. Tliis ("ruitfnl and inucnioiis vii!r;.|.,(i,,n has Ik-i'Ii foiiinl i"orn'i't.
TIk- worm i> rsici'diniily minute, and I do not wonder l!iat neither it nor its attendant
«ymi»lonis wiTe diseovered last year liy Mr. i.uea-. and nie, w!ni are luitlier of ns skilhd in
the matter of parasitic diseases. This xj-ar Mr. LmM^ ilevoted himself in parlieiilar to a
hlndx of the anim il, and has pr«'servi'd material Inr a full investij^ation of its strnetme
jind of tlu' tissues alleeti'd. The worm inhahil'^ ihr small intestine, wln-re it lives, not on
the food-material eonlained in the ;;nt, hut h> suekin^ Mii'mI from the intestinal walls.
Its presence is marked hy small dots iind e.vlruvasutions of hlood in lliu wulls of the
intestine, wiiile altendant symptoms are einaeiation <d' the hody and a pale ana'mir
eonditiiin id'tlie niitsch^. On Tolstoi in |i.irtienlar, and alsion /apadnie, 1 saw this year
one «'a*c after another where, on disseetmr, th,-se syniplouis ivrre present and Ilu* wiirnis
fouinl. Many sueh easc^ we nndouhtedly misto«>k hiHt \ear lor eases id' starvation, and
ninny deaths, whose innnediate cause is injury hy erusliin;;, prulmhiy take place when
tlie pnp is wrakeiied hy the parasite.
I he main point of whifli wc are ihiis made iiwnre is that there <'xists a diHciise of an
epidemic eliarai tor, of whieli we can oidy say as \et vii;:nel\ that it at least constitutes a
lieavy cheek on tlu- increase of the lurtl. As it is certain that the seal-, prefer the rock_\
t(» tlie Miinly areas, and only overflow on to the latter l^r want of space elsewhere, ii i»
reasicialdi' to assume that this cheek operates with rapidly im-reasin;; lorci- in thosi-
tiims »hen the iierd is most pro-ipcrnns and dense. And it is in^ire than pmiiahle that,
like other epidemics, this one is of a fluctnatm;; eiiaraeter, ami, antler certain condition <
«d" tempi'raimi', or of moisture, or ((unhinaiion of circumstances of which we know
nothinii, may at times restdt in lo^s still more serious than th.it we li.ive witnessed. The
fact that in IM'i' .Mr. .Maconn saw almn! I.imih dead pnjts on the hp<il where litst year we
saw \,\W and this year all), is very sii;;j^estive.
Ami, fuiiiiermoie, the existenc*- of this cau.se of death >;ive.s us tlr.' ri^ht, thouiih in
what nii'asnu' we do not know, to deduct to a \ery conxiiierjihle extent from 'he nuniher
of pups that die in the latter part of the s.>ason when wc* seek to esiiniate the loss dm to
starvation as a result of pclajiie sl.in^hfer of the cows. It w.is shown last year t'lat <nie-
littlf of the mortality o!" p'lps i.eeurred hefore pela^jic sealin;( cnuld e.verl it.s inlhn'iu-e,
hut we ill) not know at what |ieriod, it nt any period, of infancy ih jairasite eeascH to he
fatal to the pu,i. The presumption is certainly strong that to tl epidemic cause i^ due
n vi'i-y L-onsidcrablc pioportion of thiil inoit'ty ofdoathH whicli do not cosiHtitulc but only
iiirliulu the loiiH Ironi pelagic Healing.
Thr Calrh on the Pribi/loff Islnnth.
The following Tnhle nIiows the niiinlier nf sealn killed on the islands durin;; tho
scuHon of lRi>7, togfther wiHi Uie sniull iiiiiiiher taken ior I'ood in the autumn of l?l)(>;
it shows alsii the total nuniher of siniIh ineluded in eaeh drive, the nuuiliers rejected aH
hcing over or under the proper siy.e, the percentage there!)y leU lor slauirhter, and tli«
ttveruife weight of the skins obtained : —
SiATisrns ol l\illiii;coii St. I'aul Island, 1800 !»7.
ISC of ail
4titutes a
lie riick.v
H'li', ii I-
iii llu)sf
ilili' llial.
oiitlitioii <
>vf kiiti"
r.l. Tiu-
t vfur wf
l!.j.r|,,l.
Ul)l', lllllUl'M.
I'liiiil ^.iii" >iii' ■ .\iiif K'. IH'.'i;
viMmI.
l.TllI
IVi
cent.
Ii.'.l.
I..I-;
Sm:il'.
Avriuifi'
XM'ljIlt
111 iti>.
iHi:
JllllC
\.':
lUrt
, ,
it • •
r.ij
III
III)
li".'l
• •
,,
IK
/.II llill.K' . .
, ,
. .
11 111
l.'.O
'.'1!
lili '.1
■1
„
■Jil
All liii |<. . 1. I.iil,:l
11 .
• •
7IIH
.Vili
ISI
48 ".I
7 ' 7
,,
■Hi
'l'..U|n>. .Mi.l.ll.' Mill,
i:ii-i
.i> lt..y
1 ,(I',IM
lo;.'
•Jl 1
(ili-.i
7M
._
.1(1
N<ilUi-t':i«l I'miil
, ,
. .
7 '.Ml
;i7i;
JM
.•.7 •-•
7
July
1
liittii
. .
■ • • •
7t..'l
■jss
JJI
.•.7".l
..
^^
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^
I.iikiiiiiiiiti ..
, ,
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107
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7-7
^,
:•
Ilccf, /iiltiii . .
, ,
70.1
•J'.'it
17.'.
•l:l-.-.
7s
,,
II
..
TolMoi. Mi<l<ll<> Mill.
KmkIi
0» Huy \\
i.aao
.111 J
.'lUli
fill '.1
7li
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S
, ,
.Siirtli cimi I'oiiit
, ,
• • • •
l,7|;i
U.'i.'i
.-.51
liil':;
, ,
M
I'lilnt'iiiu
, ,
• • • *
Mr,
!I7
ll.'> ,
«18 ••.•
7 ■ J
<|
t'J
,
Kn 1. I,iil> .liliiiti
, ,
• • • •
801
nil
liliH
.los
, .
II
u
..
Nortll ru-.l I'liiiil
, ,
■ • • •
1, '.'!!(
•-!(.
tir.i
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1 1-*
• •
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, ,
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SSli
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78
1
Ili.lill.' Hill, KiiKli->li
Ml)
• .
-•1)7
IMI ,
il'j
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N
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1-..
Itril'. /.iiltoi. I.iikiiir..
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177
1.171
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7
ti
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, ,
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i.;ijj
.'iiiil
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;'. r 1
, ,
^^
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I'liliitiiiii
• • •
■.'71
ir.l
li'lS
y 1 • .'
HV'i
•u
Kt'i'l, l.iikiiniioii
, .
• • • •
.'rjit
;i.v.>
I.IHO
;.'.l M
(■4
-.'Ii
/.I >.iiliiii-
T.xini. Mi.lill<- Hi!'
• «
• * • •
rtji
I'.ii
M'.lll
•.•7 1
h*.;
•J7
, ,
• « • ■
1 tit)
•j.'l
.•ii:.
'Jii 1)
•.'!•
Ni>rtli-ra»' 1'. iin
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jtm
l.lli
I..-.I
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;lo
Hilt. I
, ,
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• .
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l.iti
r. H
7-!i
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Ill 1 r, I. iikiiiiiii.il
, ,
• • • •
US
ll.V)
I.I 10
IS !l
s
.-,
Mi.iiiii' Hill. I'.iP^'iiiit
Hay
• • • •
|0|
l.-,;i
.I7'l
I,". •■.!
7 • 7
*•
7
Hid
• • • •
:7J
■juo
IMli
■JO
7
linliidiiiu nil oiiiiimit liillcil, wlii'tliiT ibp Nkiiiii wen- aoceptcd by tlio C'omjmny jr not. i'lii' njrcti'J -Vk:
iiuii)l)orf(i i:il,
[VM,]
i)
Si \ iHi ic^ (>r Kiiliii- <»n ^1 (It<i)r;';(' Islimil, IHltO i»7.
ti.'
J* ;
Itc'jii'U'il.
Pnlr
liiiiikiri
Killutl.
i,iii'K:i<. I Hmiill
IVr .■..,,1. „,,,^,„
imti.
Ann H I' I'.i.'il. kill' ..
Nn», an
I Nil ,■
Mny '.'.1 .. ., N.Mii,
.liiiii' I . , I i~i
IlllH' 1.1 III .. \(.lll llllliM, /,l|l mIiiII'
ViiK. '.\
Juiir l;i |.> ,. „ V. -I
Aiii;, .1
i.-.:
Jinu*
Ill
i:..»i
«•
'.'.^
/ii|i:iiliiii' , . , ,
.llllv
.1
Siniixii All! . • . ,
•»
7
Miml
• *
It
Ni'i ill Ml! ^iiiiin.i \iil
1" Ivl
•1
l!t
/.:l|llillllr
,,
■ M
l''.>l, Ni'< ill, niiil Miir.i\ .1 \iil
Aii(j.
• 1
1
I'li'i
Sliii.n.i Vlii iiiiil Niilli
,,
M
Sim i\.' \iil. N.'illi, :i".| 1' 1 1
..
II
/'ujllt.ilr.' , . , ,
T..I.,
J ^
li
1 >
::
:;
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-
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il
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7 1
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• •
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1 ;
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t •
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■.',:'il:l
(•'or r.ii' ••iMU'l I Sir. il7. I'll' I Ml i^lii'iils \ii>M('il, IK (111' illiiiii' 'I'.ililr '-Iri"-,
'"•(I.^S:'. >Kii.>i ii'.'.,Mi»-.| .'Vi.'UVi l.ir i1m« |ir ■.•I'diir; •..•ii-ii;i ; llir l-l'ii'il uf Si. I'ihiI xii-Mr^l
1 -,.*i_'tt lis M-,iiii-; '.'l.'-l-. lliiil 1)1' SI. (hmm-;,; • •_'.:;:> .-is ii'^iiti .1 I'.lU'l, I :ist w .M' llii'
i'liti'li aummiloil l<> llic I'lill iiimiluT luMiiiiKnl li\ l.n\ ; l!ii-> y.w llu' U>ss •(•-• wric
poii\)illO(l III liiKi" as in:iii> mnli's i>rtln> ikiihI i/i .■•■> llic\ i'imiIiI :;i'I, nmli'i IIh' Hii|n'ivisi(in
ot' llic liiili'il Stall"-" 'l'r''asm\ Auoiil- mi llu- KlimiU,
Well' till- ^•ill.■il i.|iiMi liic i-Iaiiils sirii ily liimii'il In llu* schIs oI a yivi'ii vear, tlii>
coiniiarison ot -noli li.jm. s wtmiil l>'a\r lillli' iinii.' In Im' xaiil ; Inil ilic I'lisi- is tint so.
lit .1 'it .1 .1 II 1*1 I'.i .1 I II I'll . . t \ ' A ' li
iIk' iliniinisliiMl i-att'li lli.il \\\i\\ In'
I'oiisiiK'icil in till' li.;lil iilntlior I'viilciici'.
ri\i' iliniinuliiiii til' tiii rtilc'i \\v,\\ lir assunir.i us a lair inillralinii ami iik' isiiii< i>l a
iliiniiiislioii Iioiil ; or tlu- lali'li ol I**!!."! iMa\ liavc ji.'i'ii inllaloil. fillici' ai llic t'\|iiMisi« ol
«liis xouv's, til iVoni a siii|ilus ai-i'iiinnl'Mcd in llu- voa-s lir'nii' ; m, iasl!\. ;l!<' lali'ii nl' la-^l
war inni haxi* loiMi a niiiin;il din', ninl ili.it of lliis y..ir inav luiv.' in'i'ii aililii-ialiy ami
.iiiiii'i'i ssarilv r.siriiMcil |i\ (ho K-ssoo 'j'lif iir<( sinijiK' li\|iii(lii'sis raniiol lir ailinillcil.
Till- ili'i icrtsi' nl' till' I'alcli is, ai'i' 'tiii.i;;' In :'II niir .ili-i'iN.iliiins nt llic innki'rii' ;, ,iiiil all
tli.t wl,ili,.li,>^ ..' Ii'il'^ l..ii-..ii>^ .■...! I I il. ...... •■.....I. I.... I ll...
11
Itilirii, I ,Hii\v iio\vImii'«' imi lltf islniiils nl'U'i' (lie Killiii^ m-iiHon liinl ciKlctl, ntiv «*<>iiHi(lfi'iililc
niliiiliiM ol' " killillilc Itiirlii'lom : ' lliul al IIm- -iii;!lc ill i\i' w liicli I iillciii|«'il, t'i'oiii ['mhI
Kiiokci V, till' sriilH killt'il iiinl the sciils n-'n'clcil were |iit'( isci* ^iii'li iih wrii- liiki'ii i>v
it'.ji-cli'il IiimI \nir: iiimI IIiiiI u\\ iiilli'ti^iii', Mr Miicoiiii, lnM im- In* iilsit I'oiilil '-i-c tut
Hi^iiis o{ inlillriiil ii'Hirii-liiiii <n IIm- ■•n|i h nt iiii> ol' IIm' cinliir iliiws mi SI. I'mil Isliiiid,
"liicli il uiis |i;iil i>! iii-, liiisiiii' I.I ill |(i'i*l. 'I'luTc w^)", (III llif rMiiliiiiy, yifilrr
iMilll ll\, I lllilll,. < vIiiIjIIiiI llli'. \r,M !li;ni |:|'.| y.t{ ||l inilklll;; ll|l llli' ilUlilll, 11' inii^ 1)1!
.'-I'I'II rinlll till' .^irillrr lilllill i ill JVC'. Iii'||l|' l|||ii|| (III- scvcilll ltM)kl-tii'->.
N I Ml:l l; III I ) i\i III
il l.'o.ik
1 rv,
H..-,|,. ,v
Sl. .,Im till
IK'll..
iw'i;
^ll'lU -..
Ui'Mnl
11 r I III'
- WlMf
ivisiuii
III, till'
mil. so.
is llli-
•r snil'
III
li> III'
thiit.
limy III
IV (• Tor
ipiii -
;l\ 111'
>r II
<\-\.
iii'iii
Slut.'-*'
iiiiii;iii
I. il i-i
Iti'i'ii
IH I'll
M. I'liiil Miiiiil--
I iil.iiiiii'.ii iiiil K. i.i\ i< ,
r.il''.'i. oi.li 'i .Mi<!'ll. Ilili
/ i|miliiii . , . ,
i;"i
I'll! IV mil , ,
N'Klli . i«l {'■.II. I . ,
.•m I.. I J.
Niirlli
I't
/. i|i. lllilll' , ,
Mili.'i>:i .\lil
17
I. .Ill
I lii'lirM', ill iiri-iiiilaiii'r Willi i<ll ill' iiliiiv. liirl-<, liiat titi' imI li mi IIm' I"!!!!!!!!* Inr
llli'. iMMHi "ii> i» liiii iiiic, ill i«'Hs iin'-li' .iitiihI willi llii' (iv/iilnlil • .liiiiilv.
\s ri'i^aiil". lii-'l \cai''-< ciilrli, IIhh' run iir ii'i ifii^><inlili il iilil lliiil i! w.i.s iiiliiinri-il
liy nil iiv«M|ilii-- iiiiiii llli' l»'i |i:i'\i;iii-. yt'Hi-. ill ni'li nl' uhii'li milv l.i'i'l) xkiiiM ucii-
|li'lllilllril III lir lllkrli. 'I'IimI iI. ilii'luai'li'-il itliillll\ nil wlllll. nIihiiIiJ liioir |ilii|il-lly IlllVc
Ih'i'Ii llii'> M'lii''^ nilrii. ui' liii\f ill! f'viilciir . llii>ii^ii \\f iii'iy I'l'i'.'ill llii' tail llial in la»l.
M'ar'-' l!r|iiirl il i\iis >.liili'il lli.il S;. (Imi^ ' u.is ilrawn ii|iii:i " In ili" iiIiiki-,!. ' wliili- on
."^1. I'.illi'- llir lilliiiiii llakrii uil'.'lil lia\r lii'i'll i* ili'iiliT.ililv i"- ri'fili i), ,i . Iu.lliii;^ nil llii;
Inavirr tlii'|i a|i.i;iii'iii Ilii- xi-.ir in ilic imItIi iimmh •<I ({"or.rr.
To siini ii|i. il i . my o|iiiiioii : —
1. Tliiii lli> ralio •'! llli- I'alrli ol I "'.iT lo tliuil nf | .'.m; it i i '! ?i lair |iio)iiii)|iiii.'iti
iiii'.i>iiir III, llli! i' liM'ui'ly ill I'NCf"'^ of, Ilir iiiiiiiil liiininiil inn ol lln- t;t'iiria' ini'l, anil
llial \\r air llnntMi liiii'k OK nllii'i soiii'T, III iiit'onnal 1. ill In 'ii'li iiniiir ill" inri'iiir ol'
llir ai'liial iliniiiiiilioii.
J. rii:il llli' KilliiiL: nil llli' isl'iiiiK «.!•. I'liinlii' l>'i| in Imlii u-.wy in :\ i.iir in.innir,
ili.'il llir '■Kiii> lakrii urii' ih'Ii a^ il »wi' iiiliinlril llir li'>- .'>"h sI|.iiiIiI l.il,.'. ami Ihat,
lluif in no <\iik'iiii' llial in lln- •'••a-^nn ol \s'.t'i limy i oiilil sali-ly m' |iio|ii'il_) liavt;
laki'ii inoi''.
.1. 'I'lial 111 ■ Miimiii'i l.iki'ii ill III!' \t',ir< iiuniriliilrl\ |iii'' nliiiL' jh'n; «a. liclo.v llii'
III :l |i'.'n|i illi.ilia'i' I'laiil.rl llir call'll ol' \r''Ji', \\:\j
lari-nii v. nil III .• nl' I -117.
n n!' llli' '.'ii'ir TaVn ^ ill III'' atl> iiijil in lii.iw I'loiii
ixrii ill ilrlail. Iiiii liii'ii'ly a I an :u in^r. In li.c
\r liavi- fill- hi'i'^IiIm yivrn in ciiiiiiL'i'linn «itli i .n
l'.;i' lli;il l!ir kins vrii.> wi'i'.:li"il in iiat' lii-v ot' 1 ii,
na< 1
alim
I'll
nil
\ i"in 111
il ami III
III'
(ill
1-
III
I.I 'II
r.ii
.. iiiiii
■ hill
iii'ii
('nl|||
W
1' III;
'. ' ' . 1
.lii
iiii
' ni;
° r\ninin;ilin
tlii'in \'i
llllii'
,' inli
•II lU'i
^.
II
ir « '
i;;iil
i.r
II
,r si
>iiis i>i
ml i;I
nixi"
III
Si.
fi.'iil
Mr
II.
.mil
. lor \\
lii'li >
tirit
'> only.
1 .1 ,
1 in
rouiu't
ll.y M
1. -III.
1 hiii
1
IS
■ x.'i
..Alii
and thai tlie HverHp[e wcif;)it of the skins in each Imloh ranf^cd on (lie fir.sl occasion
from i\ 11). to 7-H \h., and on the second from 0'05 to 8*a lit. This indicates, in the
case of St. (ieoige Isliind. a i'on>»iderahle ntnnher of small skins, donhtless of 2-vear old
K&h. The iivcnigcover all lor the two islands is n little nnder 7i Ihs. In the only ease
where I nas ahle to (d)taiii similar statistics for the ('oninmndcr Islands, namel,\, at
Karabcliiovi' IfnokeiT. the av(Ta;;e of about 800 skins was ahunt 8,'j lhs„ and 1/52 of
these skins v.cij-lu'd 10 Ihs. or over, the two largest weighing 18 Ihs. each ; no skins,
liowevcr. under 7 ll)s., were recorded liere.
Whatevi-r he the causes, it is nhundantly clear Hint the supply of haclielors was
this year ;;ieatly lediired as conipared with last year. The <ine sini;h' rookery from
whicii a •{leatn- niinilier ueic taken llii.> year than last was /apadiiie, St. I'anl Island.
Iia-.t year a single «lrivc only was made from this rookery, which yielded 784 skins: the
rookery, as I meiiiiinied in last year's Report, lay partly fallow. This year three drives
were iiiadf, ;ind \iclded !.7l<i skins. It deserves to he added that in 1804 and IS'lj («o
drives ill each yiar IVoui tin- same rookery yielded 1,770 and l.OD'i skins.
Oil Norllt east Point the fall this u'ar is from !>,."Wi to l,i\'J\ skins, hut it took
fivcdiiviv (i) olitaiii llieiii as ii^ainst lour last year, anil on the tirsl three occasions thi.s
year, the total iiiiiiilicr (///r'/i WH, not i'(|r.al to the nuniher killrd in the corresponding
drives last year.
DiUMson North-Enst Point, l800-»7.
I»ii\r.
N
iiiilicr l.illi'il,
Niim
)i.r lvill.<l,
lotiil N
>iinl)t'r ilriviii.
1 silt;.
IH'.tT.
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.\l \'i'\.,\ ill. I. I lie railing oil' is nunc scrioiis ; hen- last year two (iri\cs \ii liii il |.."itii
ssiiis. llii> U'.ir llin-e drives yielded 848.
Al Zapai'nie (St. (Jeorge), 1,121' skins were got in threedrivi-s last year, 'JH in four
i'ri\es tlii.> M .'ir ; and lliniigh i have .said nhove that I think Munewhat mote could have
lieeii got nil liiis rimkeiy. yet it is noteworthy that at (he .second killing "ti'." >eals were
rejected as t.io young and only 14*1 per cent, of those driven were killed.
The Peliujic Fieri.
Tlie', Canadian tli <■( cnnsisdd this year of (he fnllowing (hirty v('s>el>. ni.'ai's(
hixty.'oir in the season of IHO'i. The result of their fishing is not yet known ;
-' J
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l''riiiii .la|tiiii III lli'liiiii;{ Sea
I'loiii Vii'tiiria. I'l.C, l<i (.'iippir I>liiiiil
Total .. ,.
I'.t
10-
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• . n::ni'st
On the I Ith aiut l'.illi Augu.^l Mr. Miicoiin, cruising in llur Maji-Hty'.s ithip " Pheasant,"
nhtAined tVoiii four schooners the hodioH of forty-si.v female nenls. The uteri were
removed from tiio carcases and prcscrvtMl for furtlier investi;;fttion. They will be
carefully examined, in order to tliscover what pro]>ortioii were vtr<;in, what proportion
])rcgnHnt, what had recently ^iven birth to youn^f, and other matters of the same nature.
From .Mr. Macoiin's brief notes, with which he ha» fiirniHhed nic, it appears that milk was
present in the mainmnry <r|aiids of 'J'\ and absent t>r iniperceptiblo in an equal
nuiiibcr; the uterus .va>' swollen and thickened in :< 1 , and apparently normal, showing
no signs of i)regniin.\v in l.'l ; in «me case it was atrophied or diseased. The Htomach
is noted as emiity in •_".• cases, and full of li^b and scpiid in i;{ : the colour of the
whiskers is noted in I !• discs- in o of these the whiskers were white, that is to say (he
sealiH wore fully iidiiit - in all of these crises the uterus was enlarged, but in '-' of those
milk was not porceptibli' ; in ."• others, jirobably old seals, tlie whiskers were grey, and
again in all of these tiie uterus whs enlarged, though again in 2 cases milk was not
observed in the maniinn* ; in I lie rciiuiiiiing I the whiskers were black, a sign of youth,
and in :V of these the iilerus is described as noim.il or not enlarged, though in 1 of these
milk is said to have been i(re.'<cnt.
These results are in the meantime imperfect and tentative, but they ;;o to show, as
might be expected, that among the females includeil in the pelagic catch a very coni«ider-
able number, appro.xiniating to a third, were young females that leave no young to run
the risk of starvation.
1 regret that when 1 afterwards cruised in the sea on board Her Majcisty's ship
* I'hin iiunibvr luay not oil Iihto gvov into licliriiig Sen.
u
" Amphion," of fivr si-lioonrrs whicli wr boiirdod tour liail ihoir litintni-H idle on hoard
on nrcount of loiigii wfnllifi. and none of tlio five liad any cnrcasos to supply n«
with.
('oiirliiMiiiii,
III niv Itepoil of la>l u-ar I liri>u;;lit i-vidfiiiv io sliou tlint tlie condition of Ihi'
rookcMii's \\as at I^•a^^ xa^tl.v luitoi \\)n\i wi- luid hccii led to ispccl Ity (lit- Ktatcniiints ol
ct'itaiii ri'ivnt oIimtvoih. I >aid (li.i' tli" hn-odin;.' rtioknics iiad uiidouhti'diy diH-ioasrd
since 1HJ(2, wiioii tni-twoilliy |)li(»lfi;;iaiilis lic^an to Ix- (akfii. and when Jler Majesty's
Coniniissioncrs visited th<' i-lamls : and I rstiniatid i|i. 17) (lie e\iMtiii;f herd to l>e in
ail pii)hal)i!it.v ahoiit uni-tliiiil :is itreat as it lad hei ii in the days of its aliundanee in
the time of the .\la>l.an Cuniiiiciiial <'i>ni|iai v. Ok ilic othci' liand 1 ninintnincd that.
thou;rli «lien iiinltipli>d into a liiiii <il \v;\\< a iliMiiiiiiiinn vms )ierci'|itible. vet no sneh
•Iccrease liad tai<en piuec «itliiu a sinu:!e uar as riiini iiliotoijrapiis or any extant
statistics eiiahii'd us to measure or even iK inoii>lralc. J! wa-. tiie main olijeel of our
seeon<l jonrnev to the islands to dix over, jui ihe Inller lia-i- of our furnnr work, whether
the ainiunl decrease were. indi«'(|. ;> measurahK one, 'I'lio answer is in the aiiirniative.
In nn a,!><;re,uate luunt rX pups in the niimlier of over 1-l.<)i)ii on five dilFcrent
rookeries, there was fotiinl to he a nuan lU'creasc of a little o\t'r !» per cent, since
lS9(i. On the laigesi and nio>l tvpical of these lookeiies. \i/.. ivetavie, the loss is
4S percent.; on tuo other and smaller rookeries, each an outlier of a ,i;rcater one,
the losH is from nearly 12 to over 21 jier cent. On the small and isolated rookery of
tiie Lnjroon there is an increase oC 11} per cent., and on .Ardij;uen. a very .small and
nrtilicial snii-division of the i^reat l\*eel" rookery, tin* count of piijis shows nn increase of
12'H per cent. The <'oiint ot hulls and liorems, itself a much less trustworthy ^uide,
points in the same direction ; and on cerlaiu of the more populous rookeries, in purticninr
on North-«'ast I'oint ami on Polavina, I am hound to admit that the decrease was
patent to the eye, I was not a l><tle .surpris.>d to lind so manifest u diinimition.
Durinff the twelvemonth in (juestion. the loss to the hrcedinji; herd hy the a<'t td
man is mcusured hy a calc!i of some 2'.t,ii"iii in Hehrinu Sea (including uhont JJ.OOO taken
by American schooiicis) duriiii; the summer and autumn of jStUi, and a catch of Konie
(>,000 on the Uritish t'olumhian Coast in the spring: of IS97. If we adndt, for ari^ii-
mcnt sake, evi'ii so liiyli i proporlion as SO per ci nt. of these seals to have been female.-,
we have to suppose a loss to tiie herd In eapliiie of onlv sonu' 28,UitU fcnniles ; and we
may further see the result «)l .Mr, .Maconn's ohservations in the sea (rldfi nupni, p, l.*^)
as ground for suppo-inji- that oue-third of these were prohahly young or non-breeding
females, leaving a total loss of k'ss tli.iii r.i.Onn adult individuals taken from the
breeding iierd. Now if we are to take our count (d' pups as good evidence of a decrease
since last year ot !(1 pi'r cent., thai is lo >a\,a (le<Mease to that extent among the
hreedin/jf females of the herd, and if we may still trust to our very careful estimate of
143,000 as representing the number of females that brought forth pups last year, this is
ns much as to say that a loss of |:<,0(lii liiceding females has been sustained in the
interval by the herd. In other words, our limiies fell ns that in this still immense liord
the course of nature has only added in the year some (i.O(K) mature breeding fcmah's
to the rookeries against, that is to say, towards the replacing of, the 19.000 that man
luiH taken uwa,\. 'i'liis result is paradoxical, and the apparent diminution of the herd that
our figures show >., in my o|)inioii, out of ]iroporti.in to, and more than can lie explained
hy, the destructive operations of tlic year.
I can call to mind no other animui whose numerical aliundanee and tluetuation.s are
open to observation as are those of the fur-seal. It is the only animal in the world ot
whohc actual iiumberK wc have something like a ileiinitc idea. Nevertheless, my
experience of a second year renders me inclined to trust less coiiiidently than before to
the accuracy of the figures that even here the most indiisfrious observer can obtain.
On the larger rookeries a count of the pups is impossible, and on the smaller (uics
there is a very brief period during which it can hi' perlormcd ; the dilHctilty of entering
the rookericH with freedom has scarcely disappeoreil when tlic growing activity and
swimming power of the pups throws new difficulties in the way. Kxperienee shows that
the reaullB of different observers are often widely discrepant .
Moreover, in ail tlieir circumstances tin- various rookeries are very different one
from anotlier. We found last ywir surprising dilfereiiees in the different rookeries in
regard to the early mortality of the ])Ups, and again other dificrences in regard to the
later niortality ; ami tiiis year wc found very great dillerciiccs indeed in the apparent
in
clmngc that has taken pince since a yonr ngo. \\'^^ arc forced again an.l again to select
approximate figures, and we arc apt afterwards to forget tlieir vagueness and to treat
them as precise; ond m our suminory of separate results, extremely different we are
constrained to adopt overoges, though we have no knowledge of our right to use so
simple an arithmetic.
It is safe to say that the hreeding herd iins diminished hy :. per cent, since 1800 •
we ma.v, I helicvc, rcosonahly presume that the decrease is somewhat greater than this •
l»iit I do not think we need or ought to ascribe to the decrease a preeiser figure
Ihil whether wc confine ourselves to a diminution of r> per cent. that. I think has
imlubitably taken place, or permit ourselves t.> eensider the possibility or probability of
the diniimition having ' een dinner still, it In-hoves us t.> remember that a remedy has
already been automat ically applied in tiie reduction of the pelagic (leet to less than
one-lialt its numbers of a year ago, The teiuleney is to e(|uilibrium. Tlie total i)elo"ie
catch lor this year is not likely to exceed L'O.OOO against :{(J.00() last year: and It m'Lv
be liiat witii tt catch so greatly dimiiiishtMl, the point of ecpiilibrium has been
attained.
(Signed)
D'AUCY W.
at length
THOMPSON.
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UNITKD STA'ri:s No. 2 (|S98).
JOINT STATEMENT Oh' CONCLUSIONS
NriiVKi) iiY Tin:
MHITISII. (VWADIW. \M) IMTKI) STATIC HKMK.yTllS
IIH!»»'h;t"l'IN<l T»K
Pl'K-SKAL lllllili KKKQUKNTIiM; tin-: PKIIiVLOFF
ISLANDS I.N Hi:ill{IN(i SKA.
I'nmiUil to hnfh l/„is.s ,;/' I'.iiliihiKiit l>i/('i„„iililwl olilrr M,i),-stij.
Jim nil, U lHi»8.
1,(1 N HON:
J'l!IMi:i) Inl! IIKIl MA.Ii:sTVS nTA TUtNI'ltl V i » K I' H ' K
IIV inillllMiX AMlMiNs SI MIKTIVX I \NI'.',
iiiiMiHn i\ iiiinrMiit III i.iii imi-i\
rc— K7<);i I
\m\ I.I !..■ |iuf. Iiiimil, liiliiTilifirll.v .if flirnii^li nnf llmil-illcr fr.iii
I \lli: AM. srontsWOuliK. Kim Hauiuvu .Sri.Ki.1. li.Ki:r Miikkt, KO
• • l:.i iix.v Sfincm, \VK«ruiM!ii:ii, > W.; <iu
.lOII.N .\H''-,Zih> . To. \i, KiXiMKii Stiii:i;i. Knisiii imii , »\ii
iKi, V. '!»r Nun SiiiKiT. on^iiiiiw , ok
llOlxlKs, . 1 . i). (. To, Livitu., KM Oi(.ir<)!( Sthkit Dimix
Price Irf.
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IMAGE EVALUATION
TEST TARGET (MT-3)
1.0
I.I
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S IS 1110
J£
1.25 u 16
4
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Photographic
Sciences
Corporation
#
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33 WIST Vir^NSTRIHT
WI0STER,
USflO
<!^'^
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(7)6) (1/3 4903
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Joint Sfafcmejit oi Conclusions /liruv,] ly tlie iJiiiish, C.inacliin!,
aii(J iJiiited States' Delci^aies rr-snct-iiim the I''ur-S(iil Menl
f'nM|uontiiio- tlic IVihyloir !>laii()s in Bc'ii.nn^T Sea.
nrofcusor Thompsmi to tin- Murqups.-^ of t<alish„nj.-{R,;:(:!vrd Nor'-mhr 2L)
■^^^V^iTWr Ml , . . ii'U'^lniKjton, NoremhcrW,\m7.
. llA\.h flu; li,..Lour I., tvansnul l„ ynnv Lor.lshij. a .roi„t SUii(.meul ot
Conclusions .•o-a,vl,ng> tlir lur-sca) Wvd ul' tlu- I'rll.yiufr islai.ls ul.idi l.as to-cUiv
been coniplctc.l aii:l.sigii.Mlb\ , ill tlio Dclc-atcs.
,...i.Ir' 'r'^^'lii;. ""! '"''■'■'"7^ ^Y ''^- "^'•••'^'' "i'oii s,,..eilR- statomcnts thai a
it ZJ r ;'\ '","'-' •"?■•' ''.'' '''^'"'^ "'^''""" •■"'"'"".^ -liminislnno. the herd, that
.h n mudon of Ih. hom ,s lar tVoin :. sla.,o iuvoivin,^. or tlur.af..un| the cxtemiimi-
vlf, rir"'''''*''' ?'■■" ""^'■'" "'" ""■'""'^ ''^ ^""^"'^ »1^'^»^ ^''^ inlands, and safe-
o 'n- f' "'^'l";'* ':<•<'"' r'V '']' r- '*':'"-'<• ^'^"^'"^ ^^'" "^v..- accomplish this linal
'...I, iiLltu-iMhnt liic ,Ha:;u. uuli.sirv ,> ooiKliiclcd i„ an orderly mannei- and in a
spirit ol acquiescence in tiie liiniladons inquiscd hv the iaw
On (lHM.M„Th;.u(l, we hau-, unhappily, to r.rord a -le.a'case h. th.> herd, and a
still greatei- dcc.'vus,' of the pcla-ic iiuhistrv
(Signed)
liave. &c.
D'.VRt'V W. THOMPSOiX.
Inclosure.
Joint l^lolcnn-nl of ('oncliision." rrs^ectiny the Fur-^Sml Herd frequentmrj the Pribylof
Islandu in liehriny iieu.
;r.rj I'J i;ndersio,u'(l. duly eiupow. -red Delegates, <>ngaged during recent years in
Innjloll Islands in nohiiiy Sea, viz : — ^
On behaltol' the United States,
CiiAiiLios SuMNEK ILvji Lix, and
David Stakk .Iokhax ;
On helialJ' »\' Gretit Britain,
D'Aiai AA'HsrwotiTii 'i'lioM i-son ;
On behall ol' Canada.
•Ia.mks Ali;r.Mi,Li; ALveoLK;
li.'ue luet in (Joul'eroiuv und<'r in.struction.s Irom our resiieotive Governments Undei*
Inet^e uistrucdoMs ue uere directed: — ■ vjuuci
;' 'f"' ''^'71'/ ^'" l'o«f •i^'.- 'It »fon-eot conclusions respecting tlie numbers, conditions
and habits ot tlu; seals Irequ. nling the Pribyloll' Islands at the present time Spared
witli Lbe s(!veral seasons previous and subsequent to the Paris Award."
As a result of such Conference, now completed, we, the above-named Charles
Sumner Hamhn, Davul Starr Jordan, D'Arcy Wentworth Thompson, and James
Melville Abu;oun ind ourselves in accord on the propositions contained in The
S^T-'r 1 *''*T'^t"'.i?-"'''^"'*r' respecting the tW-seal herd frequentW Z>
rnbylott Islands, and make this our Report :— h"^"*-*^ tae
ri085l 3 2 .
:n
i
1 1
w.
' Hi
; T
■ It
\1
Joint St.vtkmkni".
1. 'riioi'O is a(i(M|iiali' evidence thai, siiieo tlio year l.SK|., and down lo I lie date oT
the inspect iou or tlio rooUcries in 18!)7. llw I'nv-scal herd of the I'ribylciV Islands, as
lueasuved either on th(> hanlini^ Ljronnds or lireedini;' '^ronnds, lias declined in numbers
at a rate varyini^ from year to year.
2. In the al)sen(!e tor 1 lie earlier years of actual counts oi' the rookeries such as
liave been made in recent \oars. the bcsl approximate measure ol' dcclin<; iiow available
is found in these tacts: -
(ii.) About 10(),00(» u\ale seals of recouiiized killable ago were obtained from the
hauliui;' grounds eacli year I'rom IS"! In iss".). The Table of Statistics ijivon in
Apperidiv I shows, on the mIioIc, a progressive increase in the munber ol' hauling
grounds driven ami in t;be number of drives made, as well as a retardation of the date
at which tlu? (|uota was obtain<Ml durinn' a )unnber of vears pnnious to 188!).
(h.) In th(> yeav 1890, 28,!)(il* killable seals Avere taken after continuing the
driving till the 27th .luly, and in lsi)7. jlMs;) after continuing the driving till the
lltb August. AVe have no re;ison to lielieve thai during the i)erind 18iM5 and 18!>7 a
very much larger number of males of recognized killable age «'udd have been taken
or, the hauling gronnds.
The veductio)! b(>twceu the years Is'.Xi and 1S!)7 in the nuu;ber of killable seals
taken, wbile an indicnti<ni of decrease in the breeding herd, cannot be taken as an
actual measiu'o of such decrease. A numl)er .)f other factors must be taken into
consideration, and the real measure oi' deere;ise must be sought in more pertinent
statistics drawn from the breeding runkeries themselves.
;>. From these data it is plain that the fonner yield of tiic hauling groimds of the
I'ribylolV Islands was from three to live times as great as in the years 18J)0 and 18!)",
and the same diminution io oiie-tiiini or one-lifth of the former prodiu't may be
assumed when we inchule also the results of hunting at sea.
!•. The death-rate among the vouiil;' fur-seals, especially among the pups, is very
great. While the loss atnong the pH))s prior to their departure from tlic islands has
been found in the last two years to approach 20 ])er cent, of the wliole ninnber born,
and though the rate of sul)se(|ueiit mortality is unknown, we may gather from the
number which reiurn each year that from one-half to two-thirds liavc ])erished before
the age of tlir(r years ilial is to say, tli(> killable aii'c for the males aud the breeding
age for the rcmales.
o. The chief uatiirai ■ eaiises of dcatli among tin- l)ups, so far as known at, present,
are as follows, the inipnrtanci' of eaeli beinu' variable and more or less uncertain : —
(ii.) Kavages of the parasitic worm. IJuriiiarin, most destructive ou sandy
breeding areas aud duriiin' the period from the l.'tth .luly to the 20th August.
{!>.) Trampling; by liuhlinn' bulls or by moving bulls ami cows, a source of loss
greatest among very vonng pup-..;
(c.) Starvation of ])nps strayed or sepai'ated from their mothers when very young
or whose mother's have died from natural causes.
{(i) The ravages of the gieat killer (Orrn), know'u to be fatal to many ol" the
young, and perhaps also to older s(>aK.
At a later period drowning in the storms of winter is believed, bur not certainly
known, to be a cau»e of death among the older pups.
6. Counts of eei'tain rookeries, with ])artial counts and estimates of others, show
that the immber of iireeding fein;:les liijaring |)ups on St. Paul and St. George was. iii
189(5 and 1807, between l()0,(i(Mi and l.'io.diM), more nearly approaching the higher
ti^rc in 18!)G and the lower in Isu7.>;
7. On certain I'ookei'ii-s. where ])ujis were counted in both seasons, 1G,24)1 being
' Tlic nominal (iiiol;i iil :'.0(i(JU tui- 1 s'Ju :iml (,f ua.'j'.IO liii- lb!<7 inclndi'd loocl skins takiMl in tliu full of
1895 and 1^96.
t That is to jiiy, not im iniiuij; ioic- in.-iiing- (rem tliu ixilling of inotlicrs Ht scu.
Ttie number of deail pu|)s cuniiled on llii' rookeries lietwofn tiie 8tli and Htli Aiignsi in 1896, uas 11,043.
(t is recognized tliat tiiis numlier is an nndcrL'sliniato, inasnmcli as a jjreator numl)er must Inive been overlooked
than were cnnnlr.i Iwicc. Il is also nooyni^iil that tin: j^rcat niiijority o( thosu pups died from the attacks of the
worm Uiicinai in.
X The imporlance nf lliis soinco of hiss we now tin 1 to be much h'ss than was snppofeJ to be the case from
tiie invo^li(;ations made in ISOiJ. (,See Heporti for lt>s'.)ft, .Jordan, j). 4') ; Thmnpsoii, p. 20: .Maconn, MS.S.)
§ For detailed ai'coiinl of till' censiis of I S96, see .lordnn, I'leliininaiy Keport for IbIKi, p. 15; Thumpscn,
Ueport for 18!)(), p. 19, 5[;ie()iin. Ifeport. Is'.Il', MS.*<. l"or a di«eiis*ii>n ol' sngi^tsttd corrections to the census
iif iSOti. Jordan, I'iiial Ueport. 18;i7. l'"or details ofllu^ reifsun ol' isy7, sec Thompson, Ucpnrt, 1897 ; Macoun,
Itepoil, 18!t7 ; .lurdin. Ifeiio't, I8U/. A cDrrcclion to be made in (lie census of 189K arises from the agreed
.i~s iniption tliat flic total iiiimlu r nf liree'imL' IVmal ■< was I'TJ times the number seen in the height of the scasoM,
l..iicr observations show l!i,it tliv aitiial Icila! i« at lc;i»t twice the maximum imtnber ever seen at onee on a lookerv.
"••■■■II
;{
young
of the
.•rtaiiily
•s, ^llo^v
was. ill
liimhcr
heiui;
the fall of
as 11,045.
ivcrlookeil
cks of the
case from
ilSS.)
riiumpsoii,
thp ceiisuit
; Macoun,
the Bgrewl
he acasoti.
,1 lookorv,
found in 1SS)(!, and 1 l,'MH inlSDT.iii- apitlyini,^ a count adopted )»\ Professor Tlionipson,
11,743 in tii(^ latter year, tliere is evident a deereas(! of !> or 1-' per e<'nt. witliin the
twelvenionth in <jiiestion. The count of ])U))s is the most trustworthy measure of
nunierieiil vai intion iti tlie herd, 'I'he counts (if harems, and espijeially of cows present,
are niiu-li inferior i" value. 'I'he latter eonnts, howiner, point in the same direction.
The harems on all the rookeries were eouiited in hotli seasons. In IsiK) there were
l,0.")2 ; in isiiy fhcce were 1, IIS. n il(>crease of 10- tl ])or cent. The oows actually
present on certain rookeries at the heiniit of tin; season were counted in both seasons.
Where 10,lJ)s werofound in 18!(('>, 7,;5()7 werefound in 1897, a deeroaseof 2HiMpi're("it.*
8. It i.s not easy to apply the various counts in the form of a ijeneral averai"'e :o
all the rookeri(>s of the islands. AVc reeo^'nize that a notable decrease h;is been
sulfered by the herd during the twelvemonth I8!)(j to 18'.37, A^ithout attemi)ting, save
l)y setting tlie above numbers on reeord, to ascribe to the decrease mon; |)reciso
figures.
n. The methods of driving and killing practised on the islaiuls, as thoy have come
under onr observation during the ])ast two years, call for no criticism or objection.
.Vu adequate snjjply of bulls is present on therook(!ries ; the luimber of ohh-r bachelors
rejected in the drives during the period in question is such as to safeguard in the
imnu'diate future a similarly adequate supjdy ; the breeding bulls, females, and pups
on the breeding rookeries are not disturbed; thert; is no evidence or sign of impairment
by driving of the virility of mah's ; th(> operations of driving and killing are conducted
skilfully and without inhumanity.
10. The pelagic industry is conducted in an orderly manner and in a spirit of
acquiescence in the limitations imposed by the law.
.11. Pelagic sealing involves the killing of males and females alike, without
discrimination and in proportion as the two sexes coexist in the sea. The reduction
of males elfeeted on the islands causes an enliauced proportion of females to be found
in the pelagic catch ; hence this ])roportion, if it vary from no other cause, varies ut
least with tlie catch upon the islands. In 18!)3 Mr. A, J?. Alexander, on behalf of the
(jovernment of the I'nited States, found (\2 3 ])cr ceni. of females in the catch of the
" Dora Hieward " in IJehring Se'a, and in 1S!)0 Mr. Andrew llalkett, <in behalf of
the (Vmadian (Jovernment, foniid 81'2 in the catch o^' the same schooner in the same
sea. There are no doubt instances, (>spe(.'ially in the ^e;is(jii of migration and on the
course of the migrating herds, of catches containing a very diiVereiit proportion of the
I wo si?.\e.s.
12. The largt' jiroportioii of femnles in the pelagic catch includes not only adult
females that are both nursing a:!d pregnant, but also young seals that are not preg-
nant, and others that have not Vet brought forth young, with such also as have
I'ecently lost their young through the various caus(>s of natural mortality.!
];j. The polygamous habit of the animal, coupled with an (>qual birth-rate of the
two sexes, permits a large number of males to be removed with impunity from the
herd, while, as with other atuinals, any similar ahstraetion of females cheeks or lessens
the herd's increase, or, when carried further, brings about in actual diminution of
the lie.d. It is equally plain that a certain number of females may be killed without
involving the actual diminution of the herd, if tin number killed uo not exceed the
annual increment of the breeding herd, taking into consideration t.he annual losses by
death through ol.l age and through incidents at sea.
It. While, whether fro;n a CDnsideratioii of the birth-rate or from an inspection
of the visible etlects, it is manifest that the take of females in recent years has been so
far in excess of the iialural increment as to lead to a reduction of the herd in tin; de^'ree
related above, yet the ratio of the pelagic catch of one year to that of the foUowing
has fallen otV more rapidly than the ratio of the breeding herd of one year to the
breeding herd of the next.^;
* The I'Xlrunno irreguliuity of the ninnbor of cons |ircsei)l on the rookeries from day to day. and the consequent
Invaliditv of anv comparison of their nnmber is shown by the eonnts made on Liikanin and Kitovi rookeries durinjf
the season of liS97. See .Appendix II,
t Statements on wiiich to base an estimate of the relative nnmbers of these severil classis are necessarily
incompli-ie, but the followiii;r notes may serve as a partial guide : —
luwnsend, Iteport ISOj, pp. 46, 17. Alexar.der, Report 1S95, pp. 142, 143, .Macoun, Iteport 1897, MSS.
Lucas, Report lS97, MSS.
J The catch of the pelngic fleet, Canadian and Auicric.in, !n 1607 in Heliri-.-.s; Sea was Hi, GOT seals. In tlm
summer r.t ISUli it was ■29,.")00. The aggregate catch which directly influenced the herd o! Is97 was aS.OJ'J, n
nuniber made up bv adihnsr to the summer's catch of 1S9C the nortli-west coast catch m llic spring of 1897 L "p
to the |)re»enl time, accordinjfly, the pelaj-ic catcli already taken (lii,*!)?), and iiiura'uiir dniM'tly H'.'aiiist ne\l
xear's supply, is .)7'12 per cent, less than tlic pela;;ie I'atch -.vhii'li npeiatei) a^a;n«l the snpply (if |)S'i7 (see, al-n.
Appendix I): or, if we compwu merclv the ynnmnr c.itches. inasmiicii as the pcssilili spin;; ca'ch '>'. \^'jH i. ;i;i
tmknnwn factor, we liave a rednclinn of 43'4(l per cent.
ITi. In lliis >^r(';it('i rriliicliuii nf (I'c pi'ljiui"' r.iloh, coiiiii.-ii'cd \\'\\\i tlic ■^ludunl
ili'ci'f/isc of llif licni. Ilii'ic is ii tcii(lc;ii'V l()\\;ii'<is ('i|iiilil)i'iiiin, oi' ;i sta'^r :il wl.icli flu'
iiiimlir-rs (if tln> lirccdiin'' herd \\<iiil(l iKillicr iiicrrasc iitjr dt'crcaM', In considi'i'inL;
llic |in)l>al)lc si/.c oi' (lie li(>r(l in llic inimcdiati- fnluvf^, liicrc nMiiains l(» be cslinialod
tlu* additional I'aclor nl" decline rcsultiu^lroni redncrtions in tin- nuniher of snivivin^'
imps caused hv the larger jielau'ie ealcli ol' 1H!)I and i'^ur*.
Mi. Tlu! diniinnlion oi" (lie lierd is vet lar ri'oni a slai^'e wliieli invoUo or threatens
llie actual exierniinalion ol'tlio species, so lon^; as it is protcisled in iis hauiils on land.
U is not possible dnrini;' llie continnance of the couservative methods at pi(!s(!nt in
loice upon tlie islands, with the I'ufther sareyiiani oC the protected /.one at sea, that
anv pelagic Kiilini;' should accomplish this final end. 'I'liere is ev idencc, however, that,
in its present eimditioM, the herd vii-lds an incunsiderahlc return either to tix; lessees oi'
tlie islamls w to the owners of tin; pelayic licet.
fSi-ncd) CII\1!IJ:s SI m.mkij, iiaaii.i>.
DAVID ST. mm: .IUIM)AN.
IVAIMY WKN'rWOIiTll THOMPSON.
.i.v:\ri;s mklmllk macoin.
• Vl'I'KNDIV 1.
St.vtistks rciiardini;' liittid and Sen Killiii!,', 1871-1H»7.
\vm:
\)iao (|uiitii
tilled.*
ll'ii'linj;
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(if
Drive*. '
Killc'il (XI
land ('
Killcil at
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IS7."-
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IH7."i
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1S77
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IHHS
IHS'.I
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l.S'.»,i
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Anjijiist 1
Julv 11
M 1«
., Ill
,. 17
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., I'.i
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,. -'lis;
'Au;,Ml^t
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■l.-l
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.'».")
■m;
II
.)i
71
7«
m
si;
SI
101
lIKi
117
101
lOJ
111)
87
(11)
(i!)
')
I'.'
Ill
Jill
.'10
.'111'
oS
01
:i(l
.1!)
•IL'
11,".
71
till
7.1
71
•I.')
()
(II)
'ji
lll'_',!l(ill
I0S.81!!
III!M77
iio,os.'i
11111,11111
'.H.H.)7
Sl.SH)
10(i..'IL>;!
no, 111
i()r),7i«
lo.'),0(>;!
OlI.Hl'i
7'.i,iJ0<i
10J,I34
1U5,024
104, ,'521
10."i,7(>0
lO'J.HOI
lirj,ni7
L'S,0-V,l
12.040
7..-. 11
7,:j'.iil
Ul,'.'7ii
I I,s4il
'.'S.lllil
'.'II.S'.IO
lli.!l| I
,">,!i,'iG
■").Vi'.'ll
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r>.(y.vj
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0,641
8,.').')7
8.418
10,38'.'
l,\,".,"il
l(i,,'i.57
1 11,071
2a,OIO
28,401
;I0G28
2(1.18'.!
2!),«r)8
40,814
0!),:)(>8
111.1142
•'10,812
liI,8,'iS
.■pll,2!ll
111.017
25,07'.i(« )
* 1 lii'M- ti^iircs n'l't'i' to tlic liiiidinu ^roiimU of St. Paid.
< 'I'lii'.-c- totals iiirlud,- nil nudes Uilli'il fi)i-iiii\ inirjMisc i>ii tiio Isiiuiil.o.
Z III 187i> till' kilhiijj; was l)i'i;iiii at iiii umisiuil date, said lo !>;' (.:i aci'MiilU ul'aii cxreptioiiid
^ ( lo-.'(l In' (irdiT lit tilt" am'iit in charge.
II Years ot tlio iiioUiis riroiUi,
^ As reported to date.
late
;l '111.
■m
n
Ai'I'i;m<i\ II,
U;;f'Oiii) of Arvivii! of (.'ows.*
Dittf.
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1.-,
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17
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pit'spiit.
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— July I;;
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